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HomeMy WebLinkAboutCAG1995-0129 - Original - Highline Water District - Fire Protection and Intertie Agreement - 03/15/1995 i INTERTIE AGREEMENT This Fire Protection and Intertie Agreement (the "Agreement" or "this Agreement") is made this 15th day of March 1995 (being the "anniversary date") between Highline Water District, King County (hereinafter sometimes referred to as "Highline") and the City of Kent, King County (hereinafter sometimes referred to as "Kent"). WHEREAS Highline and Kent are each municipal corporations organized and operating consistent with the laws of the State of Washington; and WHEREAS the State of Washington, Department of Health encourages Water Service Agreements between adjacent water utilities; and WHEREAS the connection operates via a pumping system to flow water to Kent and via gravity to flow water to Highline; and WHEREAS Highline and Kent presently have an eight-inch (8") manually-operated connection between the District's connection between the districts located at S. 240th Street and 35th Avenue South, as governed by an Agreement to Provide Water Services dated October 6, 1982; and WHEREAS the rate structure of Highline specifies the costs of providing water for certain classes of users; and WHEREAS at least one boundary of Highline is parallel with and abuts at least one boundary of Kent; and WHEREAS Highline and Kent wish to supersede the October 6, 1982 Agreement to Provide Water Service (the "Water Service Agreement"), and enter into a new Fire Protection and Emergency Intertie Agreement to serve the customers of Kent. NOW THEREFORE, it is agreed as follows: 1. Location of Facilities: Highline and Kent agree to cooperate on the replacement and maintenance of an emergency fire protection intertie at the intersection of South 240th Street and 35th Avenue South. This intertie will be for two-way flow between Highline and Kent. The intertie shall be operational on a year-round basis. 2. Limitations on Use of Water From Intertie: Kent and Highline shall limit the use of the water obtained through the intertie for fire-fighting purposes, emergency use and special maintenance purposes. 1 i Intertie Agreement For purposes of this Agreement: a. Firefighting Purposes means in the event Kent storage tank and well pumping capacities are inadequate to combat a conflagration from mains with Kent, water from the intertie may be used to extinguish the fire. b. Emergency Use means in the event of a power outage, a pump system mechanical failure or a rupture in the distribution system which would impair the productivity of Kent wells to maintain the capacity of the storage tank for fire-fighting purposes and consumption by the public. This emergency use would terminate upon restoration of the electrical power and the repair to the pump(s) and damaged distribution system. c. Special maintenance purposes are limited to: 1) Temporary removal from service of either the City's 300,000 gal. reservoir at 264th St. & 34th Ave. and/or 1 million gal. site at Reith Rd. & 256th St. for the purpose of maintenance, painting or decontamination. 2) Scheduled preventive maintenance operation of the intertie pumping station whereupon the pumping station is operated once a month for no longer than a four hour duration. 4. Maintenance, Repair, Inspections and Costs for Same - Kent shall be responsible for inspecting and maintaining the intertie. Kent shall advise Highline of the qualifications of the firm which is proposed to do the inspection and maintenance. Highline shall reasonably approve the choice. Kent or its representative shall inspect the intertie annually or more often as required, and shall advise Highline of the results of the inspections. Kent shall pay all costs to repair the intertie as necessary to insure its proper functioning and shall advise Highline of its maintenance and repair activities. The parties agree that emergency repairs to the South 240th Street and 35th Avenue South Intertie may be performed by either party without notice, followed by notice to the other party as soon as reasonably possible. The costs of any emergency repairs undertaken by Kent shall be borne solely by Kent. The costs of any emergency repairs undertaken by Highline shall be promptly reimbursed by Kent. 2 i i Intertie Agreement 5. Notice - Kent shall notify Highline within a ten(10) day period after use of the intertie for fire-fighting purposes or other emergency use stating the nature of the emergency use, the date and time of use and the quantity of water used in the intertie. 6. Costs of Water Supplied by Highline - Kent shall pay Highline for use of water through the intertie system based on Highline's published wholesale rate in effect on the date the water is used by Kent. Any time Kent uses water, whether for one day or an entire month, Kent shall pay the monthly meter charge for the month or months in which it is drawing water, plus pay the commodity charge. Thus, using the rates in effect at the present time, for any use of water within a single month, Kent will pay $2,305 plus $1.41 (October through May) and $1.87 (June through September) for each 100 cubic feet of water used. Kent understands that the wholesale rate may be revised by Highline from time to time. However, Kent will be allowed a scheduled maintenance period (up to four hours) each month to allow operation of the intertie pumping station for preventive maintenance purposes. This will not require payment of the monthly meter charge, only payment for water used. 7. City of Seattle Demand Charges - The parties reserve the right to negotiate with the City of Seattle to obtain an agreement with the City of Seattle to waive any City of Seattle demand charges incurred by Highline as a consequence of the South 240th Street and 35th Avenue South Intertie. Any agreement shall be in writing and shall become a part of this intertie Agreement. Highline will provide a signed copy of same to Kent. If Highline is unable to obtain an agreement with the City of Seattle to reduce or waive demand charges to Highline caused by use of water in accordance with this Agreement, and shall any of the ten peak days used to calculate the demand charge be coincidental with a day in which water was taken through the South 240th Street and 35th Avenue South Intertie, then Kent shall calculate their portion, if any, of the demand charge. 8. Indemnification - The parties agree to indemnify and hold each other harmless from any claim arising under this Agreement. It is understood and agreed that Highline makes no warranties or assurances as to water availability, pressure or volume at any given time relating to the Intertie. It is understood that if Highline's water service to the South 240th Street and 35th Avenue South Intertie is temporarily interrupted for repair for an emergency, or for any other reasons, it is not obligated to provide an alternative source of water supply. Highline does, however, warrant that it will not, except for reasons relating to emergencies or other necessary repairs, interrupt the water supply to the intertie. 8-A Costs of Water Supplied by Kent - Highline shall pay Kent for use of water through the intertie system based on Kent's published water rate in effect on the date the water is used by Highline. 3 i Intertie Agreement 9. Term - This Intertie Agreement, except for the water rate, shall be reviewed annually, and shall continue indefinitely unless either party notifies the other of its intention not to continue or to renegotiate this Agreement by giving six months written notice prior to the end of each annual anniversary date. 10. Dispute Resolution - If a dispute arises out of or relates to this Agreement, or the breach of it, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation under the rules and regulations of the Washington State Water/Wastewater Association, or Washington Arbitration and Mediation Services, Inc. before resorting to arbitration, litigation or some other dispute resolution procedure. 11. Termination - The October 6, 1982 Agreement to Provide Water Service is superseded by this Agreement, subject to any accrued monetary charges which may be owing from Kent to Highline. DATED this DAY OF c- , 1 . 1995. HIGHLINE WATER DISTRICT CITY OF KENT By By .•>? /C' 1 ;-�7 Pe , . Bosley r Its Its GENERAL MANAGER STATE OF WASHINGTON ) STATE OF WASHINGTON ) COUNTY OF KING ) COUNTY OF KING ) I certify that I know or have satisfactory evidence that I crtify�hat I knew or have satisfactory evidence that Peggy S.Bosley is the person who appeared before me ryc_ --- t Et rc•ar t is the person who and said person acknowledged that he/she signed this peared Wore me and said person acknowledged that instrument on oath and stated that he/she was authorized a she signed this instrument on oath and stated that to execute the instrument and acknowledged it as the Fire t she was authorized to execute the instrument and Protection&Emergency Intertie Agreement of Highline acknowledged it as the Fire Protection&Emergency Water District,and she signed the document as the free Intertie Agreement of Highline Water District,and that and voluntary act of such party for the uses and purposes (Ct$/she signed the document as the free and voluntary act mentioned in the instrument. of such party for the uses and purposes mentioned in the instrument. I,POLLY DAIGLE,am a Notary Public in King County, i WA whose commission expires June 20, 1997 and resides 1L__1V'v r C"s / � Jti in a Notary Public in in Kent, King County,WA,whose commission expires and who resides'* K E ` POLLY DAIGL DATED: l 1995. &TED: 1995. (seal or stamp) (seal or stamp 4