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Resolution No. 08-07 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 08- 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- 0 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 of2008. e Mayo /-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 08- ()-7 Page 2