075-19 - South Kitsap Fire and Rescue - ContractAGREEMF,N'I' BETWEEN THE CITY OF PORT ORCHARD
AND SOUTH KITSAP FIRE AND RESCUE REGARDING WATER STORAGE CAPACITY
FOR THE CITY OF PORT ORCHARD'S 580 ZONE
RECITALS
WHEREAS, the storage capacity of the shared 450,000-gallon water storage reservoir for
the City of Port Orchard ("COPO") 580 Zone and the City of Bremerton ("COB") 580 Zone was
recently found to be exceeded; and
WHEREAS, the COPO issued an emergency water moratorium on June 11, 2019 due to
storage capacity issue; and
WHEREAS, the COPO has been working towards a viable resolution to the storage
capacity issue, including finding solutions to both storage and source related issues within the
COPO's 580 Zone; and
WHEREAS, as an interim measure, the COPO has requested South Kitsap Fire and
Rescue (SKFR), to allow the existing shared 450,000-gallon water storage reservoir in the COPO
580 zone to be calculated as a `nested' reservoir pursuant to WAC 246-290-235, until such time
as a new 580 Zone `stacked' water storage reservoir is completed;
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and
performance contained herein, the parties hereto mutually agree as follows:
COPO AGREEMENT
The COPO has assured and provided confirmation to SKFR that the following steps to
address the water storage issues in its 580 Zone have been accomplished:
a. McCormick Woods has finalized an agreement with the COB, whereby McCormick
Woods will provide the needed redundant source infrastructure improvements to the
COB's Well 2A and Well I as well as the installation of a new water transmission
line in order for the COB to provide a Seasonal Firm Peak Day (SFPD) supply of
water to the COPO until additional storage for the COPO is completed.
b. The COPO has finalized an amended 580 Zone Agreement with the COB, whereby
the COB will provide the required SFPD mentioned above in exchange for the
COPO's existing 450,000-gal water storage reservoir and associated land as well as
the existing water transmission main located within Old Clifton Road.
c. The COPO has finalized an amended 2007 Agreement with McCormick Woods
whereby 1) the new 580 Zone `stacked' reservoir and 2) a second water transmission
main will be constructed within an approximate 18-month time period. In addition,
the Agreement also provides for the construction of the Well No. 12 Water Campus.
The Agreement between the COPO and McCormick Woods specifically provides that
the COPO will be requiring a Performance Bond in the amount of 150% of the value
of the new Reservoir and Water Main to ensure that the completion of these storage
and source needs are met in a timely manner.
The COPO agrees to ensure that, to the extent legally possible, the parties to the
agreements outlined above comply with their obligations as set forth in the agreements.
2. FUTURE MORATORIUM
The COPO further agrees that, if at any time McCormick Woods fails to perform or meet
the performance deadline as set forth in the Agreement between the COPO and McCormick
Woods referenced above, the COPO will immediately issue another emergency water
moratorium for all construction in the COPO 580 zone. It is anticipated by the parties that the
new 580 Zone `stacked' water storage reservoir will be completed within an 18-month time
period. The 18-month time period begins upon execution of this Agreement.
SKFR AGREEMENT
In consideration of the steps taken by the COPO to address the water storage issues in its
580 Zone as outlined herein, as well as the COPO's additional promises contained in this
Agreement, SKFR agrees that the existing shared 450,000-gallon water storage reservoir in the
580 zone can be allowed to be calculated as a `nested' reservoir pursuant to WAC 246-290-235,
until such time as the new 580 Zone `stacked' water storage reservoir is completed as referenced
in this Agreement.
4. TERM
This Agreement shall be effective upon execution by the parties and until such time as
the parties deem necessary or as terminated as set forth herein.
5. INDEMNIFICATION
To the fullest extent permitted by law, the COPO shall indemnify, defend, and hold
SKFR and its, elected and appointed officials, employees, agents, and volunteers, harmless from
and against any and all claims, damages, losses, and expenses, including but not limited to court
costs, attorney fees, and alternative dispute resolution costs, for any injury or damage which
directly or indirectly arises out of, results from, or is in connection with: (1) the COPO's
issuance or implementation of any moratorium associated with the COPO's 580 Zone; or (2) any
claim that the COPO did not satisfy its obligations associated with any agreement as outlined in
this Agreement and resulting in SKFR's termination of this Agreement.
The foregoing indemnification obligations of the COPO are a material inducement for
SKFR to enter into this Agreement. The COPO acknowledges that the foregoing indemnity has
been specifically negotiated and mutually agreed upon by the parties.
Agreement Between SKFR and the COPO
Regarding Water Storage Capacity Page 2
6. TERMINATION
If the COPO fails to perform in the manner called for in this Agreement, or if the COPO
fails to comply with any other provisions of the Agreement and fails to correct such
noncompliance after written notice thereof, SKFR may terminate this Agreement. Termination
shall be effected by serving a notice of termination on the COPO.
WAIVER
The waiver or failure to take action with respect to, breach of any term, covenant, or
condition of the Agreement shall not be deemed to be a waiver of such term, covenant, or
condition on any subsequent breach. All remedies afforded in this Agreement shall be taken as
cumulative; that is, in addition to every other remedy provided herein or by law.
8. SEVERABILITY
If any term or provision of this Agreement is held by any court to be illegal or in conflict
with any law of the state of Washington, the validity of the remaining portions shall not be
affected, and the rights and obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular term, part or provision held to be invalid.
9. ENTIRE AGREEMENT
This instrument contains the entire Agreement between the parties and statements,
promises, or inducements made by any party or agent of that party that are not contained in this
Agreement shall not be valid or binding. This Agreement may not be enlarged, modified, or
altered except in writing signed by all parties. The parties specifically acknowledge that this
Agreement does not bind SKFR to agree to similar actions in other circumstances.
10. NOTICE
Notice provided for in this Agreement shall be sent by certified mail to the following
addresses designated for the parties.
SKFR
Steven Wright, Fire Chief
1974 Fircrest Dr. SE
Port Orchard, WA 98366
11. SURVIVAL.
COPO
Robert Putaansuu, Mayor
216 Prospect Street
Port Orchard, WA 98366
Those provisions of this Agreement that by their sense and purpose should survive
expiration or termination of this Agreement shall so survive. Those provisions include, but are
not necessarily limited to, the following: Section 5 - Indemnification, Section 6 --- Termination,
Section 7 — Waiver, and Section 8 - Severability.
Agreement Between SKFR and the COPO
Regarding Water Storage Capacity Page 3
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the last date of signature below.
Dated this / 6/ day of November, 2019
SOU'I' KITSAP FIRE & RESCUE
Steven Wright, Fire Chief
Agreement Between SKFR and the COPO
Regarding Water Storage Capacity
Dated this day of November, 2019
CITY OF PORT ORCHARD
Robert Putaansuu, Mayor
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