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089-20 - City of Bremerton - ContractDocuSign Envelope lD: D4A6BA0D- 1 C83-4272-83D5-ABAF3EC24BC2 WATER UTILITY RETAIL SERV]CE AREA AGREEMENT BETWEEN THE CIW OF BREMERTON AND THE CITY OF PORT ORCHARD PREAMBLE This Agreement describes the water utility retail service area between the City of Bremerton (Bremerton) and the City of Port Orchard (Port Orchard), Retail service areas identify the external boundary of the area for which Bremerton and Port Orchard have assumed retail water service responsibility as outlined in the Kitsap County Coordinated Water System Plan (CWSP) and contained in the adopted rules and regulations of the State Department of Health (DOH). Bremerton and Port Orchard have approved retail service areas and this agreement implements those service areas and provides for communication and coordination to address future changes in service area, This agreement does not create a new government entity, nor does it give new authorities or responsibilities to Bremerton or Port Orchard or to the County or State regulatory agencies, but rather acknowledges the geographical area for designated service responsibilities. This agreement is in effect so long as the water utilities remain public water system purveyors and continue to carry out the obligations inherent in the agreement or until an agreement amendment is executed, or until terminated in accordance with the terms of this agreement. The authority for this Agreement is granted by the Public Water System Coordination Act of 1977 , Chapter 70.IL6 RCW, having been properly initiated through the provisions of RCW 70.LL6.040. WHEREAS, Such an Agreement is required in WAC 246-293-250, Service Area Agreements- Requirements, of the Public Water System Coordination AcU and WHEREAS, Designation of retail water utility service areas, together with the cooperation of adjacent water utilities, will help assure that time, effort, and money are best used by avoiding unnecessary duplication of service; and WHEREAS, Definite future water utility retail service areas will facilitate efficient planning for, and provision of, water system improvements within Kitsap County as growth occurs; and Water Service Area Agreement City of Bremerton and City of Port Orchard Page L Contract No. 089-20 DocuSign Envelope lD: D4A6BA0D- 1C83-4272-83D5-ABAF3EC24BC2 WHEREAS, Definite retail utility service areas will help assure that water reserved for public water supply purposes within Kitsap County will be utilized in the future in an efficiently planned manner; and WHEREAS, no separate legal or administrative entity will be created by this Agreement; NOW, THEREFORE, the undersigned parties, having entered into this Agreement by their signature, concur with and will abide by the following provisions: The terms used within this Agreement shall be as defined in the implementing regulations of Chapter 7O.tt6 RCW, except as identified below. L Kitsap County Water Utilitv Retail Service Area Map shall mean the maps referenced in this Agreement, attached hereto and incorporated herein as Attachments A and B, which define the retail, wholesale, and future water utility service area boundaryforthe designated water systems. 2. Retail Water Utilitv Service Area shall mean the designated geographical area in which a purveyor is responsible for planning and providing water service to its customers. The service area is composed of both a current and future service area as described in the CWSP. A water supplier shall not provide water to individual customers in another purveyor's retail service area except with the written concurrence of the purveyor responsible for the geographical area in question. The retail service area may be amended in accordance with the CWSP procedures and with the concurrence of the affected water purveyors. 3. Lead Agencv for administering the Kitsap County water utility service area agreements and retail service area maps shall be the Kitsap Public Health District (KPHD) unless otherwise established by amendment to the CWSP. Section 1. Water Utilitv Retail Service Area Boundaries The undersigned acknowledge that the Kitsap County Water Utility Retail Service Area Maps included as Attachments A and B to this Agreement, identify the current and future area of retail water utility service and planning responsibilities for the designated utility. The undersigned further acknowledge that there are no retail service area conflicts between Bremerton and Port Orchard. Water Service Area Agreement City of Bremerton and City of Port Orchard Page2 DocuSign Envelope lD: D4A6BA0D-1 C83-4272-83D5-ABAF3EC24BC2 Section 2. Water Utilitv Retail Service Area Boundaries will normally be along parcel boundaries Exceptions are noted in Attachments A and B. Section 3. Boundary Streets Unless separate agreements exist with adjacent water utilities, Bremerton and Port Orchard agree that existing services on boundary streets shall remain as connected unless both parties, as per Section 4, agree to transfer of service. These provisions do not disallow the placement of mains in the same street by adjacent utilities where geographic, economic, or other constraints make such placement desirable. Section 4. Boundarv Adiustments lf, at some time in the future, it is in the best interest of Bremerton and Port Orchard and their customers to make retail service area boundary adjustments, such modifications must be by amending this agreement. The system that would like to make the change will send a written request to the adjacent system. Service area adjustments affecting one to three parcels can be agreed to administratively by the City of Bremerton Director of Public Works and Utilities and the City of Port Orchard Director of Public Works/City Engineer. The modification will be documented by a letter signed by both Bremerton and Port Orchard and filed with KPHD. A copy will be forwarded to the Kitsap Public Utility District for inclusion in the countywide retail service area map. It is understood by the designated utility that it may decline to provide service within its water utility retail service area boundary, but in that case, an applicant may be referred to other adjacent utilities, or to a state certified Satellite Management Agency (SMA), or a new utility may be created. The original water utility retail service area boundary will be adjusted accordingly. Section 5. Service Extension Policies The undersigned utility agrees that in order to expand its current water utility retail service area, otherthan by addition of retail customers to existing water mains, or to service in the capacity of a state certified SMA, it shall have adopted design standards and utility service extension policies. The design standards shall meet or exceed the Kitsap County Coordinated Water System Plan Minimum Standards and Specifications. Section 5. Svstems Placed in Receivership State law provides that whenever an action is brought in superior court to place a public water system in receivership, the petition to the court shall name Water Service Area Agreement City of Bremerton and City of Port Orchard Page 3 DocuSign Envelope lD: D4A6BAOD- 1C83-4272-83D5-ABAF3EC24BC2 candidates for receiverwho have consented to assume operation of the watersystem. The undersigned water utility agrees to be named as receiver in such action initiated forsystems surrounded by its water utility retail service area. By this consent, the undersigned does not waive its rights to appear and participate in the court proceedings to determine acceptable conditions of receivership. Section 7. Notices: All notices and other written communications required by this Agreement shall be in writing and, except as expressly provided elsewhere in this Agreement, shall 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 party 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 100 Oyster Bay Ave N Bremerton, WA 98312 Public Works Director/City Engineer City of Port Orchard 2L6 Prospect Street Port Orchard, WA 98366 Section 8. Dispute Resolution: Disputes will be first addressed at the staff level. Should a dispute remain, Bremerton and Port Orchard staff will prepare a joint description of the issue for consideration by the Bremerton Public Works and Utilities Director and the Port Orchard Public Works Director/City Engineer, Any unresolved claim by either party against the other related to this Agreement shall be filed with the Kitsap County Water Utility Coordinating Committee. Parties may appeal the committee's decision to the Board of County Commissioners. Each party is responsible for its own attorney's fees and litigation costs. Section 9. Term of Agreement: This agreement is in effect so long as the water utilities remain public water system purveyors and continue to carry out the obligations inherent in the agreement or until an agreement amendment is executed or until terminated pursuant to Section 10. Water Service Area Agreement City of Bremerton and City of Port Orchard Page 4 DocuSlgn Envelope lD: D4A68A0D-l C83-4272.89O0-ABAF3EC24BC2 Section 10, Termination This agreement may be terminated for convenience by either utillty. The terminating utility must provlde at least 60 days' notice of its lntent to terminate thls agreement prlor to termination for convenience. This agreement by reference includes the followlng attachments: Attachment A: Kitsap county water utllity Retall servlce Area Map - clty of Bremerton Attachment B: Kitsap County Water Utility Retailservice Area Map - Clty of Port Orchard lN WITNESS WHEREOF, the underslgned parties acknowledge having the authority to, and have executed thls Agreement as of __Novembet25 2020__ City of Port Orchard City of Bremerton G reg whee'l e r Mayor, City of Port Orchard Mayor, Clty of Bremerton ,4qr4 Signature Slgnature and adjacent purveyor concurrence certlfled: lla\"a , DrM/c'$\,P.t/t&- + O-ri4gScp$t ?*1.^(KPHD} l2 loq lzo e.,o Date Water Servlce Area Agreement City of Bremerton and Clty of Port Orchard Page 5 DocuSign Envelope lD: D4A6BA0D-1 C83-4272-83D5-ABAF3EC24BC2Attachment A: Kitsap County Coordinated Water System Plan Water Utility Retail Service Area Map - City of BremertonWater Service Area AgreementCity of Bremerton and City of Port OrchardPage 6KITSAP COUNTYWASHINGTONCoordinated Waler System PlanCity of BremertonWater Service Area andSurrounding PurveyorsLegendCmrdlnated Water System PlanWater S€ruice A.ea by TypeEf c,vE Comhunity \ fater SystemE Fedel - Navy / Tribalf]] xitsap euof= Nonhw€t Water syslemsIotrctemte@Un@nl€ted ouedapI waningro water service companyE Waler DisrictI Satellite Mangement Area^lcwsF ^+uyes&Ml,!d?{mlfrffibrll*"@'eehnthD 02505 1 15 2EEEI]]]]]ErcGentral L@tion of ViewWithin Kftsap CountyJ-1ryKPUDCOtrNECTING KITSAPtGMp Public utitt DbtidP.O. Bor 1ggg, Poutsbo, W6hngh 98370@]z+6.F9{s}re@tud d Knq P.U!. eq@n& hffih SrS DocuSign Envelope ID: D4A6BA0D- 1 C83-4272-83D5-ABAF3EC24BC2Attachment B: Kitsap County Coordinated Water System Plan Water Utility Retail Service Area Map - City of Port OrchardWater Service Area AgreementCity of Bremerton and City of Port OrchardPage 7)C7d/&:2*WE+rv{/T1hw)eLU++'xICity of B^-zfJ7fl)-/LKITSAP COUNTYWASHINGTONCoordinated Water System PlanCity of Port OrchardWater Service Area andSurrounding PurveyorsLegendCoordinated Water System PlanWater Service Area by lypeEc'tvEEEt=E@un*ntaed oterlapE washington WalerSetuice CompanyE water Districtf] satettite Mangement A.eac.wsP #hr9, srb@lss,arffiffi6bfl#osdFsh!FCommunity Water SystemFedsal - Nary /TribalKibap PUDNoRhwest Water SysbmsOthe. Prvde^l'"@'TZrylKPUDGeneral L@lion of VrwWithin Kitsp CountyKHp Public L,'lilty Di$idP-O- Bq 1989, P@lsbo. Urashington 98370tw)re76s'FM{@)re@tMdKqPUD bgdahtmbsf1m