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Home My WebLink About95-066 - City of Renton - Emergency Sale of WaterWHEN RECORDED RETURN TO. Office of the city clerk Renton i.1a icipal�3uilding 200 Miii fr✓enu,' South Renton, WA 98055 950 111053 CAG -95-0' AGREEMENT FOR THE EMERGENCY SALE OF WATER. BETWEEN THE CITY OF RENTON AND THE CITY OF TUKWILA \\�;`�, This AGREEMENT made and entered into thig % day o '� % -4995, by and\ between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter called "RENTON" and the CITY OF TUKWILA, a municipal corporation of the State of Washington, acting through its Water Department, hereinafter called "TUKWILA" WHEREAS, RENTON and TUKWILA may expenence periodic water supply shortfall, WHEREAS, RENTON and TUKWILA recognize the public benefits of cooperation and collaborative problem solving; WHEREAS, RENTON and TUKWILA are willing to sell water in an emergency at the existing system interties, WHEREAS, the parties desire to enter into an AGREEMENT providing for the emergency sale of water NOW THEREFORE, IT IS AGREED AS FOLLOWS 1) Term of AGREEMENT. The effective date of this AGREEMENT shall be 61,tii ,( 7 , 1995 The AGREEMENT shall be for a minimum of one (1) year and shall continue in full force and effect in its present form or as amended until terminated by either party in accordance with Section 13 of this AGREEMENT The rates and quantities of water sold are set forth in Sections (2), and (6) 2) Rate. For 1995 the BUYER shall pay to the SELLER for all water delivered at the rate of $1 35 per 100 cubic feet, which is the Seattle Water Depaitment summer new water rate for 1995 The rate charged to the BUYER shall be adjusted each year on January 1st using the method described as follows The rate charged by the SELLER shall be the larger of the following: 1) the current Seattle Water Department summer new water rate (in dollars per 100 cubic feet) or 2) [$1.24 per 100 cubic feet] times [the current City of Renton retail commodity rate (in dollars per 100 cubic feet)] divided by [$1 68 per 100 cubic feet]. 3) Metering. RENTON and TUKWILA shall each provide, and own and maintain, an appropriate metenng device to measure the water flowing through the intertie An interlocal agreement may be prepared to allow one party to operate and maintain the intertie and distribute the costs equally between the both parties As soon as either becomes aware of flow of water through the intertie that party will notify the other If prior notification is feasible, the party requesting the water shall provide a description and documentation of the emergency condition to the other party Each party will monitor its meter(s) on a regular basis 4) Pnority and Continuity of Service. The determination of whether water is available for emergency sale shall be at the sole discretion of the party delivering (selling) the water In the event of a condition requiring restrictions on the delivery of water, the party delivering the water shall have the nght to restrict or interrupt service The party providing water may voluntarily interrupt or reduce deliveries of water if it determines that such interruption or 00'Oi GIS §00 SO8O33.. WAN ONI;1 Wd 00:Et:TO ESOT-II#OS6 9501111053 Agreement for the Emergency Safe of Water between the City of Renton and the city of Tukwila Page 2 (5) reduction is necessary or reasonable. Except in cases of emergency and in order that operations will not be unreasonably interfered with, the party providing water shall give the party buying water, reasonable notice of any such interruption or reduction, the reason therefor, and the probable duration thereof The party buying water shall discontinue or reduce service from the intertie upon reasonable notice. Service shall be reactivated or increased again subject to the aforementioned conditions Water Quality. The quality of water delivered under this AGREEMENT shall be subject to applicable provisions of State and Federal law and rules and regulations of the appropriate State agency governing water quality, and subject also to applicable provisions of City ordinances relating thereto and not inconsistent herewith. Each party agrees to deliver water which shall be of no less quality than is delivered to its other retail customers throughout the service area. 6) Quantity of Water. Depending upon demand conditions, water availability (including conservation impacts), as well as aquifer behavior, in the water systems, each City may make available, for purchase by the other City, up to the approximate amount of two million seven hundred thousand (2,700,000) gallons per day, at flow rates varying from zero to 1,875 gallons per minute, from the existing emergency intertie located on the West Valley Highway 7) Coordination and Project Management. A) Operations. For the purpose of operating the water system intertie between RENTON and TUKWILA, coordination shall occur between representatives of the systems, who are: Water Maintenance Manager, City of RENTON and Water Manager, City of TUKWILA (or their designated representatives) The coordination shall consist of exchanging operational information such as when the intertie is used, the respective flow rates, pumping capacities, back -pressure sustaining valve setpoints, system pressure effects, water quality characteristics, and other operational information as necessary to accomplish the purposes of this AGREEMENT while maintaining safe operation of both systems B Engineering: For the purposes of coordinating engineering issues regarding the RENTON and TUKWILA intertie, the following personnel shall be the designated representatives Water Utility Supervisor, City of RENTON and City Engineer, City of TUKWILA (or their designated representatives) 9501111053 Agreement for the Emergency Sale of Water between the City of Renton and the CTy of Tukwila Page 3 The engineenng issues addressed shall include operational cntena as well as hydraulic behavior, water quality considerations, and other appropnate engmeermg issues C Administration. For the purposes of AGREEMENT administration and AGREEMENT modifications or interpretations, the following personnel shall be the designated representatives Planning/Building/Public Works Administrator, City of RENTON and Public Works Director, City of TUKWILA (or their designated representatives) 8) Payment. The City providing the water shall read the meter once each month at approximately thirty (30) day intervals Payment shall be made by the City receiving water as soon as possible after receipt of statement and in any event, not later than the tenth (10) of the second month following the presentation of the bill. In the event a meter shall fail to register or obviously register incorrectly, the amount of water considered delivered through said meter shall be based upon the best data available (e g., recent past meter readings, observations of fire fighting equipment in use) subject to negotiation by the cities 9) Penalties For Late Payment. The City selling water may assess a late charge on the City buying water for failure to comply with the provisions in Section (8) This charge shall be at the rate of twelve percent (12%) per year In the event that the City buying water should fail to make any payment for a period of sixty (60) days after the same becomes due, the City selling water shall have the nght to terminate further water service without further notice, until such delinquency is cured. 10) Procedure for Amending the Contract. Either party can request the other to consider an amendment of the AGREEMENT Any proposed amendments shall be made in wnting. Amendments may be made if they are mutually acceptable to RENTON and TUKWILA and signed by both parties Minor or operational amendments may be made by the Administrators 11) Access to Facilities and Records. Each party shall be entitled to inspect the intertie facilities of the other at any reasonable time Both parties agree to make mutually available such information or records regarding the intertie as are at their disposal and as may be reasonably necessary to properly implement any section of this AGREEMENT 12) Non -Assignability. Neither this AGREEMENT nor any interest therein shall be transferred or assigned by either City without prior wntten consent of both Cities 950 111053 Agreement for the Emergency Sale of Water between the City of Renton and the c.ityy of Tukwila Page 4 13) Termination. This AGREEMENT may be terminated in whole or in part by either party any time after one year from date of this AGREEMENT, upon ten (10) days written notice sent by certified mail to the other party IN WITNESS WHEREOF, the parties have hereunto set their hands this day and year above wntten. CITY( OF RENTON ,. By ( Earl -Clymer, Mayor ATTEST/AUTHEN'I i rr D. Marilyn J ' te`se•, City Clerk APPROVED -AS TO LEGAL FORM. ^ " Larry Warren, City Atto�rtfey H.DOCS:95-108:JDW:ps CITY OF TUKWILA By 1 /avi't() / JohryW Rants, Mayor ATTEST/AUTHENTICATED C �Jrie E Cantu, City Clerk APPROVED AS TO LEGAL FORM. Linda Cohen, City Attorney