CON0000414 - 4/28/2020 - Interlocal CITY OF VANCOUVER Emergency Water Intertie Camas Contract & Agreement upload form
WASHINGTON
Agreement Contract Description*
Interlocal CITY OF VANCOUVER Emergency Water Intertie
As described at the top of the Contract/Agreement,including other party.
City Staff Contact
(Responsible) Staff Contact Phone# Staff Contact Title
Sam Adams 4203 Utilities Manager
Contracting Contracting Agency Contact Email
Agency\Party Contact Contact Phone tyler.clary@cityofvancouv
City of Vancouver TYLER CLARY er.us
Department* Dept.Admin Assistant Additional Contact Information
Public Works SUSAN WILDE 4268
Type of Contract* Project Number
Interlocal Agreement(ILA)
Media Type*
Paper • Electronic Both
Additional Contract Information
Key words,other agency-related,ordinance,amendment no.to original contract dated
For emergency use of two fire hydrants at SE 1st and Freiberg.
Start Date* Completion Date
10/2/2017
Expiration Date
Renews Automatically Specific Date
Upon Project Completion Other
Renewal/Termination/Extensions Terms*
(i.e.90 days written;until superseded;none specified) Disposition Authority#(DAN)*
60 Days Written GS50-01-11
Description of Records
Contracts and Agreements- Retention Disposition Action
General 6 years Destroy
Designation
Archival-Appraisal Required Archival-Permanent Retention Essential
Non-Essential Non-Archival OFM
OPR
Remarks
Confidential Exempt Information
Comments
File Upload*
Interlocal City of Vancouver Emergency Water Interites CON0000414.tif 296.1 KB
INTERLOCAL AGREEMENT: EMERGENCY INTERTIE
BETWEEN WATER SYSTEM OPERATIONS OF
THE CITY OF VANCOUVER
AND
THE CITY OF CAMAS
THIS AGREEMENT is made and entered into this ay of S tuber, 2017,
by and between the City of Camas, a municipal corporation of the State of Washington,
and the City of Vancouver, a municipal corporation of the State of Washington,
hereinafter referred to as the "Parties".
fN CONSIDERATION of the mutual promises, agreements, and covenants
contained herein, it is hereby agreed, by and between the Parties, as follows:
RECITALS
WHEREAS,the Parties have developed a Coordinated Water System Plan
("CWSP")pursuant to the Public Water System Coordination Act of 1977, RCW Chapter
70.116; and
WHEREAS,the CWSP designates individual water service areas to avoid
unnecessary duplication; and
WHEREAS, the CWSP anticipates the development of physical interconnection
of those water systems at points known as interties; and
WHEREAS, water system interties provide mutual benefits to water system
operators by creating water supply redundancies; and
WHEREAS,the City of Vancouver and the City of Camas are authorized by
Chapter 39.34 RCW, the Interlocal Cooperation Act, to enter into cooperative agreements
to jointly exercise their powers,privileges and authorities; and
WHEREAS,the Parties are entering into this Agreement to provide water service
to each other during emergency conditions.
NOW THEREFORE, the City of Vancouver and the City of Camas having
entered into this Agreement by their signature, agree with the following:
Section 1. PURPOSE
The purpose of this Agreement is to provide emergency water service to the requesting
Party at a mutually acceptable intertie location. The intertie location is identified on
Exhibit `A.'
Section 2. CONDITIONS OF SERVICE
A. Metering
A water meter that can serve water flowing in both directions will be installed at the
intertie location. The City of Vancouver will set, own and maintain the water meter.
B. Other Infrastructure
Each purveyor will own and maintain the intertie infrastructure on its respective side up
to the intertie meter, including all fittings, valves, pressure reducing valves, booster
pumps,piping, electrical connections, and pressure gauges. The City of Vancouver will
own and maintain the meter and the meter vault and all other associated appurtenances
within the vault.
C. Cost of Service
The cost of the water supplied though an intertie shall be based on the supplying Party's
then current service rates, as follows:
1. When the City of Camas supplies water to the City of Vancouver, the usage
charge will be based on the most current schedule of rates for the size of the
meter installed based on the Inside City Commercial rate.
2. When the City of Vancouver supplies water to the City of Camas, the usage
charge will be based on the inside city limits commercial rate.
Charges will be limited to water usage. There will be no monthly or system development
charges.
D. Service Limitations
The Parties will use the intertie only for emergency water service. Emergency water
service is defined as service during any event that requires either Party's water supply to
be augmented on a temporary emergency basis and is not intended to supply base or peak
supply. Because this Agreement covers only emergency water service, there is no specific
time period in which water will be provided; emergency water service may be requested
at any time.
Either Party can refuse to provide emergency water service if such use could result in a
degradation of water quality. The City of Vancouver and the City of Camas will monitor
water quality at the intertie and each water purveyor will continue to be responsible for
water quality monitoring within their system. Each Party shall immediately notify the
other in the event of any failed coliform bacteria sample within the system and shall
discuss any potential necessary actions.
Either Party can refuse to provide emergency water service if the water is needed for their
own system.
Each Party shall use reasonable efforts to provide an uninterrupted supply of water.
However, neither Party guarantees the availability of water through the intertie at all
times because of each Party's respective needs and water demands. Further, either Party
may close the intertie until sufficient water supply exists to make water available for use
by the other Party.
The volume of water made available by the supplying utility will be dependent on the
size of the intertie meter and the capacity available from the supplying water system.
Neither Party will be liable for any loss or damage attributed to their failure to provide
water through the intertie.
Either Party can choose to abandon the intertie if the cost to alter, maintain or replace the
connection exceeds the benefit to either Party.
The City of Vancouver and the City of Camas will work together to design, construct and
maintain future interties where financially feasible.
Operation of the intertie shall be under the mutual consent of the City of Vancouver
Water Operations Superintendent and City of Camas Utilities Manager. Each Party shall
notify the other Party in writing at least twelve (12) hours in advance of the time either
party desires to receive water through the intertie. Such notice shall be delivered in
person to ensure it is timely received. If an emergency requires immediate use of the
intertie, verbal notification and approval will be permitted, with follow-up written
notification to occur as soon as practicable under the circumstances. Follow-up written
notification of such emergency request shall be made by each Party to the other party
within not more than three (3) days after the initiation of such emergency water usage.
Upon receiving a request, the responding Party will provide available water service
within a reasonable amount of time.
Section 4. GENERAL TERMS
A. Force Majeure
Notwithstanding anything contained in this Agreement to the contrary, neither Party will
be deemed liable or to be in default for any delay or failure in performance under this
Agreement deemed to result from acts of God, acts of civil and military authority, acts of
public enemy, war, or any like cause beyond the Parties reasonable control.
B. Parties' Interests
Neither Party shall by virtue of this Agreement acquire any proprietary or governmental
interest in the water system of the other Party. Each Party shall be solely responsible for
the operation and maintenance of its own system of water distribution.
C. Water Use Efficiency Programs
Water use efficiency programs, data collection,water demand forecasting and other
operational matters will be coordinated between the City of Vancouver and the City of
Camas through the CWSP. Additional coordination activities are not necessary for
emergency interties.
D. Severability
Should any provision of this Agreement be held by a tribunal of competent jurisdiction to
be invalid or unenforceable,the remainder of the Agreement will remain in full force and
effect.
E. Assignment
Neither Party shall assign this Agreement, or any rights under it, or delegate any
obligations under it, without first obtaining the written consent of the other Party,
F. Amendments
This Agreement may only be changed,modified, or amended upon the unanimous written
approval of both parties.
G. Third Parties
The terms of this Agreement are not intended to establish or create any rights in any
persons or entities other than the Parties to this Agreement.
H. Employment Status
In providing services under this Agreement, none of the officers, officials, agents or
employees of the parties hereto are employees of the other party to this Agreement for
any purpose, including responsibility for any Federal or State tax, industrial insurance, or
Social Security liability.
L Administration
No new or separate legal or administrative entity is created to administer the provisions
of this Agreement. This Agreement shall be administered by the respective parties to this
Agreement, which shall each be individually responsible for financing its own actions
pursuant to this Agreement.
J. Choice of Law
This Agreement is made and entered in the State of Washington. Any dispute concerning
its terms shall be determined by the courts of competent jurisdiction in and for Clark
County, Washington.
K. Effective Date and Duration
This Agreement shall become effective upon the occurrence of the approval of this
Agreement by the Parties' respective governing bodies, execution of this document by
their authorized representatives, and recording with the County auditor. This Agreement
shall remain in effect until terminated by either Party in accordance with this Agreement.
I
L. Termination
Either party may terminate this Agreement by providing sixty(60) days prior written
notice to the other party. Upon termination, each party continues to own, is responsible
for, and may dispose of the intertie infrastructure for which they are the designated owner
through this Agreement.
M. Notices
Any notice to be given or any documents to be delivered by any party to the other shall
be delivered in person or, if not urgent, sent by regular U.S. mail and addressed to the
parties to this Agreement at the following addresses:
For the City of Vancouver:
Director of Public Works
City of Vancouver
415 W. 6th Street
P.O. Box 1995
Vancouver, WA 98668-1995
For the City of Camas:
Public Works Director
City of Camas
616 NE 01 Avenue
Camas, WA 98607
N. Entire Agreement
This Agreement comprises the entire understanding between the City of Vancouver and
the City of Camas with respect to the subject matter hereof, and there are no
representations, inducements, promises, or agreements, oral or otherwise, not embodied
herein. Any and all prior negotiations, discussions, commitments, and understandings
relating hereto are merged herein.
O. Counterparts
This Interlocal Agreement may be executed simultaneously in several counterparts, each
of which shall be deemed an original, and all of which together shall constitute one and
the same instrument.
P. Filing
The Parties agree that there shall be two (2) duplicate originals of this Interlocal
Agreement procured and distributed for signature by the necessary officials of the parties.
Upon execution, one executed original of this Interlocal Agreement shall be retained by
each Party. Within five (5) days from the date of execution of this Interlocal Agreement,
the Parties will cause a copy of this Agreement to be filed with the County auditor in
accordance with Chapter 32, Laws of Washington 2006 (RCW 39.34.040). Upon
execution of the originals and filing of a copy with the County auditor, each such
duplicate original shall constitute an agreement binding upon all Parties.
IN WITNESS WHERE(
&the parties have executed this agreement at
Vancouver, Washington this dayof er, V017.
Q
CIT OU CITY O CAM S
s
By: By. _ t
City MOR-ager Maya
Approved as to form: Approved as to form:
L C)5�— — —S)Ll(
City Attorney City Attorney
A st• Atte
,�.J
City Clerk City Cl
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