003-96 - City of Bremerton - Contract\t krVzr>-A@
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INTERLOCAL AGREEMENT FOR WATER SUPPLY
THIS AGREEMENT is made and entered into this aL,
day of I99 6 , by and be twe en the C I TY OF
BREMERTON, a municipal corporation, hereinafter
referred to as "Bremertort," and the City of Port
Orchard, hereinafter referred to as "Port Orchard."
FACTUAL BACKGROUND:
1. The parties desire to provide the highest
refiability of service to their customers at reasonable
cost.
2. The parties recognize that water resources are
finite and vulnerable and that prudent use and
management of these resources could be facilitated by
cooperation among water utilities.
3. Bremerton and Port Orchard have water
facilities which are interconnected.
4. RCW 39.34 and 35.92.200 empower Bremerton and
Port Orchard to enter into a cooperative agreement for
providing outside wat.er service.
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IT IS AGREED:
1. SCOPE: Subject to the terms and conditions
set forth herein, Bremerton and Port Orchard agree to
the contj-nuation and maintenance of a water system
intertie at Anderson Hill Road and SR 16 for the
purpose of supplying domestic water between the two
systems during emergency conditions.
Bremerton agrees to sel1 and deliver to Port
Orchard and Port Orchard agrees to purchase from
Bremerton surplus water for the needs of inhabitants of
Port Orchard and adjacent areas for domestic,
irrigation, and fire protection purposes.
2. TERM: The term of this Agreement shall run
f rom the date o f thi s agreement
with automatic renewal through the
until December L996,
last day of the next
of successivef ol lowing December and each December
years,
wri t ten
be f ore
3.
unless
notice
December
SUPPLY:
f rom Bremerton
pu rchased wi 11 be identi f ied on or before February L,
which wiIl include aeach calendar year by letter
written proj ection of how much
one or both of the utilities furnish
to the other utility of non-renewal
1 of the then current calendar year.
Port Orchard agrees to purchase water
each calendar year. The amount to be
2
water Port Orchard will
\r,'
purchase from
months o f the
Bremerton
watershed and
year.
agrees to deliver
reservoirs at the
surplus water from its
purity and quality in
o f Bremerton .
Bremerton duringr each of the calendar
effect for residential customers
If Bremerton has a need for an emergency water
supply, it shalI notify
volume requi red pr j-or to
Port Orchard of this and of the
opening t he valve between the
two systems. Notification of this need on Bremerton, s
part may be verbal, but it will be followed up within
1 0 working days by written confirmation.
4. COMPENSATION: The initial unit price of water
sold to either jurisdiction during L996 shall
$0.3529 per 100 cubic feet. The rate for
subsequent calendar year shall be computed
be
any
by
themultiplying the I996 base price the ratio of ( 1 )by
forNational Consumer Price Index AI I Urban Consumers
of the United States Department of Labor Statistics for
the Seattle/Everett, WA area, as of the November
preceding such rate revision, and (2) the same consumer
price index for November 1995.
5. INTERTIE FACILITIES: All surplus or emergency
water supply delivered pursuant to this Agreement shall
be measured by the delivering municipality using
suitable measuring equipment, of standard manufacture,
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to be furnished, instal-l-ed, maintained, and calibrated
by Port Orchard at the expense of Port Orchard. Port
Orchard shal1 retain ownership of said meters.
Cal-ibration shall be done at least once each three (3)
years and a copy of calibration results submitted to
Bremerton.
Bremerton shall have access to and be permitted to
instafl and maintaj-n its own monitoring and recording
system at its expense.
In the event any intertie meter fail-s to register,
or it registers incorrectly, the Bremerton Water
Utility Billing Department shal1 estj-mate the amount of
water del-ivered for the period during which such meter
failed to regj-ster by taking an average of the total
deliveries of water through such meter for the
preceding two months in which water was delivered.
Each utility shatl instatl, operate, and maintain
isol-ation valves and related facilities on their
respecti-ve water mains at the point where those mains
are interconnected. Each utility shalI cooperate with
the other utility in coordinating the operation of the
isolation valves and related facilities for the
purposes of this Agreement.
6. PRIORITY OF BREMERTON WATER CUSTOMERS ATiID THE
PUGET SOT,ND NAVAL SHIP]TARD: ]t iS diStiNCTlY
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understood and agreed between parties hereof that
by prior agreement, sel l ing part o f its
supply to Puget Sound Naval Shipyard and
give precedence to any and all needs and
of Bremerton's water customers and the
Nava1 Shipyard f or surplus water. Surplus
Port Orchard under thiswater to be supplied to
Bremerton i s,
surplus water
that it wiIl
requi rements
Puget Sound
Agreement shar 1
over and above
the Bremerton
be such as Bremerlon may irave on hand
present users ofthe requi rement s
system and the requirements of Puget
City Engineer
City of Port Orchard
2L6 Prospect Street
Port Orchard, WA
98366
of the
Sound Nava1 Shipyard.
7. NOTICES: AI1 notices and other written
communications required by this Agreement shall be in
writing and, except as expressly provided elsewhere in
this Agreement, shatl be deemed to have been given at
the time of delivery if personally delivered or at the
time of mailing if mailed by first class, postage pre-
paid and addressed to the part at its address as stated
below or at such address as any party may designate at
any time in writing.
Director of Public
Works & Utilities
City of Bremerton
3021 Olympus Drive
Bremerton, WA 98310-41 99
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Agreement
remainder
remainder
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of this Agreement
of this Agreement
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SE\TERABILTTY: I f
or its application
\-
any provision of this
is held invalid, the
the application of the
shall not be affected.
or
MODIFICATION: This Agreement represents the
entire agreement between the parties. No change,
terminaticn or attelnpteci waiver of any of the
provisions of this Agreement shal-I be binding on either
of the parties unless executed in writing by authorized
representatives of each of the partj-es. This Agreement
sha1l not be modified, supplemented, or otherwise
affected by the course of dealings between the parties.
10. BENEFITS: This agreement is entered into for
the benefit of the parties to this Agreement only and
sha11 confer no benefits, direct or implied, on any
third persons.
The right.s granted by this Agreement may not be
assigned without the written consent of the Mayor of
the City of Bremerton and the Mayor of the City of Port
Orchard.
L2. ARBITRATION: Disputes under this Agreement
shall be settled through binding arbitration and the
parties agree and stipulate pursuant to l{AR 8.1 that
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the Mandatory Arbitration Rules for Superior Court
shal-I apply, except Section VIII, Trial De Novo.
IN WITNESS WHEREOF the parties hereLo execute this
Agreement thi s aL day or+, L996.
CITY OF BREMERTON CITY OF ORCHARD
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BY ,L{
Horton, Mdyor
ATTEST:
Kathleen L. McCluskey Clerk
FORM:
Ian R.rs, City Attorney
DE PARTT{EN TAL APPROVAL :
w.Sampley, P. E.
Director of Pub1ic Works & Utiliti-es
BY
Mayor
ATTEST:
er
APPRO\IED AS TO FORM:
City o v
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