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INTER-GOVERNMENTAL AGREEMENT
OF
REGIONAL NATER PROVIDERS CONSORTIUM
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TABLE-OF CONTENTS
Section 1. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 2. Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 3. Endorsement of Regional Water Supply Plan . . . . . . . . . . . . . . . . . . . . . . . 4
Section 4. Cooperation and Participants' Retained Powers . . . . . . . . . . . . . . . . . . . . . 4
Section 5. Consortium Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 6. Participants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 6
Section 7. Dues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . 7
Section 8. Work Plan and Budgeting . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 9. Consortium Board . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 10. Consortium Technical Committee . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . 11
Section 11. Consortium Technical Subcommittee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 12. Dispute Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
Section 13. Duration and Dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
Section 14. Legal Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 15. Oregon Law and Forum . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . 14.
Section 16. Public Notification . . . . . . . . . . . . ... . . . . . . . . . ... : . . . . . . . . . . . .. 14
REGIONAL WATER PROVIDERS CONSORT TIUM
This Inter-Governmental.Agreement is entered into by and among the under-
signed municipalities and districts, hereinafter called"Participants,"to establish and
operate the Water Providers Consortium for the Portland Metropolitan Region.
RECITALS
WHEREAS, ORS Chapter 190 authorizes.units of local.government to enter into
written agreements with any other unit or units.of local government for the performance
of any or all functions and activities that any of them has authority to provide; and
WHEREAS, all the Participants of this Agreement are thus authorized to enter
into an inter-governmental agreement; and
WHEREAS, many of the.water providers of the Portland metropolitan area have
been meeting:together since.1989 through an informal group called the Regional
Providers Advisory Group to coordinate water supply planning efforts; and
WHEREAS, twenty seven of the area's water providers agreed in May, 1993,
through the Inter-Governmental Agreement to Fund Phase Two of the Regional Water
Supply Plan jointly to fund an integrated Regional Water Supply Plan and have been
meeting monthly since then as the Phase Two Participants Committee to manage the
development of that Regional Water Supply Plan; and
WHEREAS, a draft of the resulting Regional Water Supply Plan has been
circulated for public review since September, 1995; and
WHEREAS,a final Regional Water Supply Plan has now been completed; and
WHEREAS,that Regional Water Supply Plan contains specific recommendations
for-future cooperation and coordination between the water providers in this region
through the formation of a.regional water providers consortium; and
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WHEREAS, as the Regional land use agency under state law and Regional
charter, the Metropolitan Service District("METRO") has responsibilities to plan and
coordinate the provision of public facilities in the region, including responsibilities
created by the Metro Charter requiring that Metro's Regional framework plan address
water sources and water storage; and
WHEREAS, Metro has adopted Regional goals and objectives to encourage
coordinated planning and management of water resources to ensure a sufficient water
supply for the region; and
WHEREAS, Metro's participation in preparation of the Regional Water Supply
Plan and this Agreement is consistent with its regional coordination functions and its
Charter responsibilities; and
WHEREAS, Metro's adoption of the Regional Water Supply Plan and execution
of this Agreement are important parts of Metro studies preliminary to adoption of a water
supply component of its regional fi-amework plan; and
WHEREAS, the Participants desire to enter into an inter-governmental agreement
in order to endorse the Regional Water Supply Plan and coordinate and cooperate in its
implementation;
NOW,THEREFORE, the Participants agree as follows:
Section 1. Definitions
For purposes of this Agreement the following terms shall be defined as follows:
"Agreement" - This document and any authorized amendments thereto.
"Consortium" - Shall mean all Participants to this Agreement acting pursuant to
and under the terms of the Agreement.
"Consortium Board" - Shall mean the Board of Directors established by Section 9
of this Agreement, consisting of one representative from the governing board,
commission or council of each Consortium Participant:'
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"Consortium Funds" - Consortium funds shall consist-of all dues, voluntary
contributions, grant monies and funding from any other source provided to the
Consortium to conduct the activities and business of the Consortium.
"Consortium Technical Subcommittee" - Shall mean the Committee established
by Section 11 of this Agreement consisting of ten of the Technical Committee members.
"Consortium Technical Committee" - Shall mean the Committee established by
Section 10 of this Agreement, consisting of one staff representative appointed by the
governing board, commission, or council of each Participant.
"Plan" - That document dated October, 1996, entitled Regional Water Supply
Plan for the Portland Metropolitan Area,referred to herein as the"Plan."
Section 2. Purposes
The general purposes of the Consortium are as follows:
A. To promote the voluntary coordination of individual and collective actions
of Participants implementing the Plan;
B. To serve as the central custodian for Plan documents, including computer
models;
C. To review and recommend revisions to the Plan, as appropriate;
D. To provide a forum for the study and discussion of water supply issues of
mutual interest to Participants and to coordinate the responses of Participants to such
issues;
E. To provide a forum for review and discussion of water resource related
issues preliminary to any final actions by individual Participants,regarding issues which
could be considered to relate to application of the statewide land use goals,
comprehensive plans,regional plans, or land use regulations;
F. To establish an avenue for public participation in water supply issues in
addition to public participation activities of the individual Participants.
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Section 3. Endorsement of Plan
A. By entering into this Agreement, the individual Participants endorse the
Plan, attached hereto as Exhibit A, and agree to cooperate among themselves in its
implementation.
B. The Participants have endorsed the Plan in order to provide guidance for
individual water supply decisions and to provide an outline for Regional water supply
cooperation. Endorsement of the Plan and coordination of its implementation by the
Consortium are part of the ongoing.commitment of the Participants jointly to study and
coordinate means to meet the water supply needs for the region. The Plan does not,
however, require any mandatory action by any Participant. Each Participant jurisdiction
remains responsible for determining and adopting appropriate comprehensive and
functional plan provisions, including city and county public facility plans and special
district capital improvement plans. The Plan is not any part of any Participant's
comprehensive land use plan or framework plan or implementing regulations unless an
individual participant takes such action. No part of the Plan or any coordinated activity of
the Consortium constitutes a final land use decision by any Participant applying statewide
or regional land use goals, comprehensive plans, functional plans, and/or land use
regulations. For any part of the Plan to be applied to a Participant's land use actions,
direct action to that effect is required by that Participant.
Section 4. Cooperation and Participants' Retained Powers
The Participants intend that the Consortium shall act through the processes laid out
herein in the spirit of cooperation. Unless specifically provided for herein, by entering
into this Agreement,no Participant has assigned or granted to any other or to the '
Consortium its water rights or the power to plan, construct, and operate its water system
or perform any other obligation or duty assigned to it under law.
Section 5. Consortium Authority
In accomplishing its purposes, and utilizing the organizational structure and
decision-making processes contained herein,the Consortium is authorized to:
A.' ` . Adopt by-laws and other operating procedures consistent with the terms of
this Agreement to govern Consortium operation and administration, including such things
as meeting arrangements,voting procedures, election of officers of Consortium
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component boards or committees, notice procedures, procedures for execution of legal
documents such as contracts, budgeting, and financial operations.
B. Adopt and implement an annual work plan and issue annual reports and
such supplementary reports as the Consortium may determine appropriate;
C. Collect regular dues from Participants to support the routine business of the
Consortium in amounts established as provided herein;
D. Accept voluntary contributions from Participants in amounts higher than the
regular dues for the purpose of conducting studies or engaging in other activities
consistent with the Consortium purposes;
E. Apply for and receive grants and accept other funds from any person or
entity to carry on Consortium activities;
F. Expend Consortium funds, however obtained, and establish accounts and
accounting processes to manage Consortium funds or utilize the accounts and processes
of Participants for such purposes under appropriate agreements;
G. Execute contracts to obtain goods and services and to enter into
arrangements whereby Participants may contract on behalf of the Consortium to obtain
goods and services;
H. Execute intergovernmental agreements;
I. Establish procedures for the hiring and firing of its own staff;
J. Accept assignment of staff from individual Participants to conduct
Consortium work and to:reimburse the Participants for the salary and other costs
associated with the assigned staff;
K. Establish procedures.and criteria whereby.other units of government may
enter into this Agreement subsequent-to its initial creation by the,execution of the
Agreement by fifteen or more Participants, subject to the provisions herein enabling any
Participant in.the Inter-Governmental Agreement to FundPhase Two of the Plan to join
as a Participant of the Consortium at.any time after the Consortium's creation;
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L. Establish a process to coordinate Participant-response to water policy issues
of mutual concern;
M. Establish procedures to solicit the views of the public on water supply and
water resource issues within the Consortium's purview;
N. Establish a process whereby water policy and water supply disputes or
disagreements among Participants may be resolved;
O. Protect Consortium rights and enforce obligations owed to the Consortium
by third parties to the extent permitted by law;.
P. Take other action within the powers specifically granted the Consortium
herein by the Participants to exercise the authority granted in subsections A. through O.
above and to carry out the purposes stated in Section 2 above.
Section 6. Participants
A. Participants in General. Any Participant in the Inter-Governmental
Agreement to Fund Phase Two of the Plan, as listed in Exhibit B to this Agreement, may
initially join the Consortium at anytime. Any Participant which,having once joined,
withdraws or is expelled from the Consortium for non-payment of dues, may only re join
as provided in section 7F. Participants in Phase Two may join in their own name or in
the name of a separate inter-governmental entity, but not both. (For example, the Cities
of West Linn and Oregon City may join as two separate Participants or as-one, in the
name of the South Fork Water Board.)
B. Initial Creation By Fifteen Participants. The Consortium shall be created
and this Agreement shall become effective upon its execution by fifteen or more
Participants in the Inter-Governmental Agreement to Fund Phase Two of the Plan. This
Agreement may be signed in counterparts.
C. Additional Participants.. The Consortium Board may accept additional
governmental entities as Participants into the Consortium under terms and financial .
arrangements that the Board determines just and appropriate. The Board may establish
standards for membership in its by-laws or may allow new members to join on a case by:, --
case basis. Provided,however,that is all cases,no new member may join the Consortium
without the affirmative vote of a majority of the Board.
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D. Withdrawal. Any Participant may withdraw from the Consortium at any
time by giving written notice to the Chair of the Consortium Board. Consortium dues
already paid shall not be refunded to the-withdrawing Participant. To the extent it is able
to do so, any Participant intending to withdraw from the Consortium shall endeavor to
advise the Chair of that fact prior to February 1 and the.approval of the Consortium's next
fiscal year's budget.
Section Dues
A. Each Participant of the Consortium shall pay annual dues no later than
September 1 of each year sufficient to fund the approved annual budget of the
Consortium, as established by the Board,provided, however,that the Board may establish
a different payment amount and/or schedule for a Participant upon request from that
Participant or upon the Board's own motion.
B. The dues of each water provider Participant shall be determined annually as
follows:
1. Total annual dues for all members shall be set to equal the annual,
budget for the Consortium,not counting budget items to be funded by fewer than all the
Participants as provided in Section 8.C., and taking into account any grants or non-dues
monies available to fund the annual budget.
2. The total annual dues of Participants that are not water.providers .
shall then be subtracted from the total annual dues-based budget, described in subsection
7.B.1. above, leaving a budget number to be funded by provider dues. Dues shall.!be set
so that the dues of each water provider reflects its proportional share of that sum based on
the following formula:
(a) 25%of the total provider dues shall be allocated proportionally
based on the individual provider's proportional share of the total number of all
Participants' retail customer accounts for the prior year;
(b) 25%of the total provider dues shall be allocated proportionally
based on the:individual provider's proportional share of total average daily retail water
use(in million gallons a day) in the prior year of all Participants;
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(c) 50% of the total provider dues shall be allocated proportionally
based on the individual provider's share of the projected incremental growth in average
daily summer peak season use(in million gallons a day) of all Participants. The projected
incremental growth in use shall be based on the total incremental growth of all
Participants projected from the first to the last year of the regional water demand forecast
contained in the Plan or any more recent regional forecast approved as a Plan Amendment
by the Consortium Board or the Participants' governing boards, commissions, or councils.
C. The amount of Metro's dues shall be established each year in the Annual
Work Plan and budget. Metro's dues may include in-kind contributions.
D. The dues obligation of any additional Participant that is not a water provider
shall be established by the Consortium Board at the time it approves an entity's
membership.
E. A Participant that fails to pay its assigned dues by September 1 or a time
otherwise established by the Board pursuant to Section 7A. shall be automatically
removed as a Consortium Participant.
F. Upon a majority vote of the Board, a defaulting Participant(or a Participant
that has previously withdrawn from membership)may be reinstated in the Consortium
upon its agreement to pay its dues for the year during which it wishes to rejoin(calculated
as if the entity had been a Participant at the time the budget was approved). Upon receipt
of such dues by a rejoining member, the.Board shall re-calculate the dues owed by other
entities and provide a credit on the next year's dues to Participants who paid more than
their total dues as recalculated.
G. If a new.entity joins the Consortium as a Participant during an annual dues
cycle, its dues and those of the existing Participants shall be calculated as follows:
1. If a new Participant is a water provider, its dues requirement will be
calculated pursuant to Section 7.B. above.
2. If anew member is not a water provider, its dues will be determined
as provided in Section 7.D. above.
3. The initial year dues,for,a new Participant joining part way through a
budget cycle will be pro-rated to reflect partial year membership.
4. Upon addition of a new Participant part way through a budget cycle,
the current year dues for existing Participants will be re-calculated and re-assigned as
follows:
(a) The new Participant's initial year dues will be deducted from
the total current dues-based budget.
(b) The remaining budget amount will be allocated to existing
members in accordance with the percentage ofthe budget each Participant was assigned
in the current annual budget.
(c) Existing members shall receive a credit on their next year's
dues payment for any amounts they paid as dues that are greater than their revised dues
obligation as determined herein.
5. New Participants joining at any time after September 1 shall pay
their initial year dues by the following September or at a time otherwise established by
the Board upon admission of the new Participant.
Section 8. Work Plan and Budgeting
A. By February 1 of each year,the Board shall adopt an annual work plan of
Consortium activities for the upcoming fiscal year beginning on July 1.
B. At the same time,the Board shall adopt a budget sufficient to conduct the
Consortium's Annual Work Plan. The budget shall also include a calculation of the dues
owed by each Participant to fund the budget as provided in Section 7,taking into account
any grants or non-dues funds available to the Consortium, and a table apportioning the
dues to each Participant.
C. The budget may include special studies that will be funded by fewer than all
of the Participants on a voluntary basis.
D. The Board may amend the budget and the work plan at any time during the
year as it deems appropriate except that.dues may.only.be increased annually as provided
for in Section 7. Additional expenditures may be permitted so long as there are identified
sources of revenue, other than increased dues,--for such expenditure(s).
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E. Participants are expected to provide to Consortium staff the data necessary
to calculate the annual dues_for budgeting and planning.
Section Consortium Board '
A. The Consortium Board shall be made up of one representative from the
governing board, commission, or council of each Participant. Each Participant shall also
name an alternate Board representative from its governing board, commission, or council
to serve in case the primary representative cannot. Provided, however, that if the Board
Chair does not attend a meeting, the Vice-Chair shalt assume the Chair's duties rather
than the Chair's alternate.
B. Multnomah, Clackamas, and Washington Counties may each also name a
representative (and alternate)to serve on the Board as non-voting ex qfflcio members of
the Board.
C. The Board is authorized to: (1) approve the Consortium's.annual workplan
and budget; (2)rset Consortium policy; (3) approve new Consortium Participants; (4) .
recommend water supply, water planning, and regional cooperation actions to Participant
governing boards, commissions, or councils, especially, but not limited to, actions to
implement the.Plan; (5) approve minor amendments to the Plan; (6)recommend to the
governing boards, commissions, or councils of the Consortium Participants major
amendments to the Plan; (7)periodically review the Plan comprehensively, on a schedule
providing for review at least every five years, commencing with the date upon which the
Consortium is formed, or on a shorter schedule determined by the Board; (8) recommend
to the governing boards, commissions, or councils of the Consortium Participants
amendments to this Agreement; (9) adopt by-laws;(10) exercise any other powers and
authority granted to the Consortium by this Agreement necessary to accomplish the
Consortium's purposes.
D. The Board shall have the authority to designate which Plan Amendments
are major and which are minor for purposes of determining the process for amendment
consideration. Generally, major amendment to the Plan should include revisions to the
Plan'spolicy objectives, resource strategies, or implementation actions which
Significantly alter Plan direction or would significantly change the implementation
strategies. Minor amendments are all other changes to the,Plan.
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E. Upon its first meeting,the Board shall elect a,temporary Chair and Vice-
Chair and shall proceed within,three months thereafter to adopt such by-laws as it deems
advisable, consistent with this Agreement. Consistent with the terms of this Agreement,
the by-laws shall,at least, (1) establish the offices of Chair and'Vice-Chair and determine
their terms, their general duties, and the method for their election; (2) establish how the
Participants' governing boards, commissions, or councils shall notify the,Consortium of
their appointment of Board members and alternates; (3) establish a method to allow.
additional entities to join the Consortium; (4) establish a method to determine timing of
meetings, provided that the Board must meet at least once a year; (5) establish a process
for resolution of disputes among Participants; and (6) establish a method whereby the
Board can create subcommittees of itself and other advisory committees or bodies to
assist the Board in conducting its business, including a standing"Executive Committee."
In creating a Board Executive Committee,the Board shall endeavor to achieve
geographic representation and representation from municipalities, districts, and other
types of entities that form the Participants' group.
F. Each year in the annual work plan or its amendments,the Board may assign
such duties or delegate such Board authority as the Board deems advisable to any Board
committee or to the Technical Committee, except that the Board may not delegate the
authority(1)to execute inter-governmental agreements, (2)to designate Plan
amendments as minor-or major, (3)to recommend major Plan Amendments or
amendments to this Agreement, (4)to approve the annual work plan and the budget,
(5)to approve minor Plan amendments, (6)to approve the admission of Participants to
the Consortium, or(7)to dissolve the Consortium.
G. To be effective, Board actions must be approved by a vote of a majority of.
the Board at a meeting at which a quorum of two-thirds of the Board is present.
Section 10. Consortium Technical Committee
A. The Consortium Technical Committee shall be made up of one star
representative appointed by the governing board, commission, or council of each-
Participant. Each governing board, commission, or council shall also name a Technical
Committee representative alternate to.serve when the primary representative cannot.
Provided,however,that if the Technical.Committee Chair does not attend a meeting, the
Vice-Chair shall assume the Chair's duties rather than the Chair's alternate. '
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,
B. The Technical Committee shall advise and provide assistance to the Board
on any matters falling within the Consortium's purview under this Agreement, shall direct
the work of the Technical Subcommittee, and may act upon Board delegation of
authority as provided in.Section 9F.
C. The Technical Committee shall, upon its first meeting, elect a temporary
Chair and Vice-Chair and shall proceed within three months thereafter to adopt such by-
laws for its operation as it deems advisable, consistent with this Agreement. The by-laws
shall, at least, (a) establish the offices of Chair and Vice-Chair and determine their terms,
their general duties, andt the method for their election; (b) establish how the Participants'
governing boards, commissions, or councils shall notify the Consortium of their
appointment of Technical Committee members and alternates; (c) establish a method to
determine timing of meetings,provided that the Technical Committee must.meet at least
three times a year; and(d) establish a method whereby the Technical Committee can
create subcommittees of itself and other advisory committees or bodies to assist the
Technical Committee in conducting its business.
D. The Technical Committee shall, at its discretion, assign duties and tasks to
and direct the work of the Technical Subcommittee.
E. To be effective, Technical Committee actions must be approved by a vote
of a majority of the Committee at a meeting at which a quorum of two-thirds of the
Committee is present.
Section 11. Consortium Technical Subcommittee
A. The Consortium Technical Subcommittee shall be made up of ten_of the
Technical Committee members (or, as required,their alternates) as follows:
1. Three of the Technical Subcommittee representatives must come
from Participants in Clackamas County,three from Washington County, and three from
Multnomah County, and one.from Metro. Further,in each County, if possible.given the
Consortium membership,there must be at least one representative from a city and one
from a special district.
2. The Technical Subcommittee representatives for each county shall
be selected by the vote of the Technical Committee representatives for each county,
provided,however,that in any case the Chair of the Technical Committee shall,without
requiring election,be automatically named to the Technical Subcommittee as one of the
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County representatives or as the Metro representative, as appropriate, and shall be Chair
of the Technical Subcommittee, as well. If the relevant Technical Committee members
are unable to select the required..three Technical Subcommittee,members from a county,
then the Board representatives for the relevant county or counties shall select Technical
Subcommittee members.
B. The Technical Subcommittee shall operate under the supervision of and
advise the Technical Committee on any matters within the Consortium's purview. It is
anticipated that the Technical Subcommittee shall;under the direction of the Technical
Committee, or as provided for in any agreement or contract to provide staffing, supervise
Consortium staff(including employees of Participants assigned to the Consortium) and
assume the responsibility to draft proposed work plans, budgets, annual and other reports,
plan amendments, and implementation proposals for submission to the Technical
Committee for review and submission to the Board.
C. To be effective, actions or recommendations for action by the Technical
Subcommittee must be approved by a majority vote of those members present and voting
at a meeting at which a quorum of a majority of the Technical Subcommittee is present.
Section 12. Dispute Resolution
The Participants intend to work cooperatively to accomplish the water resource
strategies of the Plan and the purposes of this Agreement. It is understood, however,that
there may be disagreements among the Participants on issues,within the purview of the
Consortium. The Consortium will also,therefore,provide a forum whereby such
disagreements may be aired and, if possible,resolved. The Board shall establisha,
mandatory, but non-binding dispute resolution mechanism through its by-laws.
Section 13. Duration and Dissolution
This Agreement shall remain in effect, subject to the following: (1) any Participant
may withdraw at any time as provided in this Agreement; (2)should all but one
Participant withdraw,the Agreement shall end and the Consortium shall be dissolved;
(3)the Agreement may be ended and the Consortium dissolved by a vote of the Board.
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Section 14, Legal Liability
Participants agree to share any costs or damages, including reasonable attorney's
fees, from third parry actions against the Consortium. The obligation shall apply to any
entity that was a Participant in the Consortium at the time the liability arose-or the cause
of action accrued. Payment obligations shall be proportional to the dues of each entity.
Participants agree to assist-and.cooperate in the.defense,of such.an action. Settlement of
any action that would impose an obligation to pay upon the Participants under this
provision must be approved by a majority of the Board.
Section 15, Oregon Law and Forum
A. This Agreement shall be construed according to the law of the State of
Oregon.
B. Any litigation between the Participants under this Agreement or arising out
of work performed under this Agreement shall occur, if in the state courts, in the
Multnomah County Court having jurisdiction thereof, and if in the federal courts,-in the
United States District Court for the District of.Oregon.
Section 16. Public Notification
Meetings of the Consortium Board, the Consortium Technical Committee, and any
subcommittees of those bodies shall be considered open meetings as provided by law.-
DATED this day of �!� , 1996.
Mayo i y of Tigard IV
14
• r PHASE 2
of the
REGIONAL WATER SUPPLY PLAN
PARTICIPANTS: ,
City of Beaverton
Canby Utility Board
Clackamas River Water
City of Gladstone
Damascus Water District
City of Fairview
City of Gresham
City of Hillsboro Utilities Commission
City of Forest Grove
City of Lake Oswego
Metro
City of Milwaukie
Mt. Scott Water,District
Oak Lodge Water District
City of Portland
Raleigh Hills Water District
Rockwood Water
City of Sandy
City of Sherwood
South Fork Water Board: City of Oregon City/City of West Linn
City of Tigard Water Department
City of Troutdale
City of Tualatin
Tualatin Valley Water District
West Slope Water District
City of Wilsonville
City of Wood Village
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 08- p-]
A. RESOLUTION AMENDING THE INTERGOVERNMENTAL AGREEMENT OF THE
REGIONAL WATER PROVIDERS CONSORTIUM REGARDING THE DISCLOSURE OF
SENSITIVE INFORMATION
WHEREAS, the City of Tigard, representing the Tigard Water Service Area, has been a member of the
Regional Water Providers Consortium since the Consortium's inception in 1996;and
WHEREAS, the Consortium works to facilitate emergency coordination, planning and communication among
water providers as directed in the June 2004 Strategic Plan;and
WHEREAS, the Consortium may develop tools to help facilitate the development of regional interconnections
that may contain sensitive information about individual water systems,including locations of transmission lines
and interconnections;and
WHEREAS, disclosure of sensitive information would make the region's water systems vulnerable to
unauthorized disruption or interference;and
WHEREAS, the Oregon Public Records Law (ORS 192) recognizes the importance of protecting against the
unlawful disruption to or interference with public services;and
WHEREAS, the Consortium has adopted a Resolution to establish practices and protocols to aid in the
prevention of the release of sensitive and protected information;and
WHEREAS, the Board of the Consortium is recommending its members approve an amendment to the
Intergovernmental Agreement that established the Consortium;and
WHEREAS,such an amendment requires the signature of all participating members of the Consortium;
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: A new section, entitled "Section 17. Disclosure of Sensitive Information," be added to the
Regional Water Providers Consortium Intergovernmental Agreement. Section 17 will read as
follows:
Section 17. Disclosure of Sensitive Information
To achieve the work of the Consortium its members need to share specific
information regarding,their respective water systems including but not limited to
transmission and storage information. Some of that information is confidential
because its disclosure would make the water systems vulnerable to unauthorized
disruption or interference.
RESOLUTION NO. 08- C-7
Page 1
When sharing information,each Consortium member may identify that
which it considers confidential. The Consortium,its members, and their officers,
employees and agents shall protect as confidential any shared structural and
operational system information identified by a member as confidential and shall
not release such information unless ordered to do so by a court of law or upon
written permission of the providing party.
In the event that confidential information provided by one member is the
subject of a Public Records.Act request to the Consortium or a member, the
Consortium or member holding the information, may tender to the member
providing the information,the defense of any action brought to force disclosure of
that information.
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This day of C 2008.
c
Mayo/-City of Tigard
ATTEST:
City Recorder-City of Tigard
RESOLUTION NO. 08- v_
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