Portland, Beaverton, Gresham,, Tualatin, CRW, PVWD, RWD, TVWD, WSWD, CWS & Metro - Regional Drinking Water Agreement JOINT FUNDING AGREEMENT
I VIPLEMENTATION PLANFOR FORMATION OF A
BULL RUN REGIONAL DRINIONG WATER AGENCY
This agreement, dated March.15, 2002,is between the City of Beaverton, City of
Gresham,City of Portland, City of Tigard, City of Tualatin, formed by the authority of
ORS;Clackamas,River Water,Powell Valley Road Water District,Raleigh Water
District,Tualatin Valley Water District,West Slope Water District,formed by authority
of ORS 264(Districts);Clean Water Services,formed by authority of ORS 451 (County
Service Districts); Sunrise Water Authority,formed by authority of ORS 450(Water
Authorities)Rockwood Water People's Utility District,formed by authority of ORS 261
(People's Utility Districts),METRO,formed by,authority of ORS 268(Regional Service
Districts),collectively referred to as`Parties'and individually as`Party."
RECITALS
1. There are 38 providers of drinking water in the counties of Multnomah,
Clackamas, and Washington.
2. Fourteen public agencies came together in 2001 to study the,preliminary
feasibility of identifying a more effective and efficient form of governance for the
supply and transmission of drinking water within the three counties.
I Through the work completed in Phase I of the Regional Drinking Water Supply
Initiative, several of the Parties:agreed that them uiay be,more effective and
efficient hods of governance in the Multnomah,Clackamas and Washington
counties for the supply and transmission of treated drinking water to the
residential, commercial,industrial and institutional sectors in the tri-county area.
4. The undersigned governments now wish to enter into an agreement(this
Agreement)under which the Parties shall jointlyfund the second phase of this
work to develop the implementation requirements for forming a new water supply
and transmission agency.
5. The Parties,hereto have the authority to enter into this Agreement pursuant to
their applicable charters and Oregon Revised Statutes sections 190.003 through
190.030.
Page 1—Joint Funding Agreement
Implementation Plan For Formation
Of a Bull Run Regional Drinking Water Agency
TERMS AND CONDITIONS
1.Description of the Proiect
The project to be fimded pursuant to this Agreement shall be known as the
"Implementation Plan for Formation of a Bull Run Regional Drinking,Water Agency"
(the Plan). The Plan"be prepared jointly by the.Parties' staffs and consultants hired
by the Parties.The Plan shall include:
• An in-depth examination of the legal,financial and engineering issues related to
forming and operating a new drinking water agency.
• Evaluation of alternative approaches for establishing policy direction, decision-
making authority, asset ownership,water rights and legal authority of a new
agency,as well as other key issues.
• Specific recommendations for the,governance structure and.administrative
mechanisms for the new agency. Recommendations will include:such issues as
agency structure and type,.governing.body membership,voting issues,,asset
transfer procedures,mechanisms for incorporating new members,financing
mechanism for future improvements,rates and charges, and ancillary issues.
• An implementation plan,including the steps,costs,public involvement strategy
and schedule for the formation of a new agency.
• Development of a,model agreement with proposed rates and charges to be
presented to elected officials of the participating agencies and to the public.
• The implementation plan will address issues of equity of supply and cost of
service.
• The timeline for completion of this phase will be included in the detailed scope of
work for the project.
2. Plan Assumptions
In examining the issues identified above and based on the results of-Phase I of the
Regional Drinking Water Supply Initiative,the Plan shall assume that:
• The Parties,or any of them, may become members of the new water agency.
Page 2—Joint Funding Agreement
lmplememation
Plan For Formation
Of A Bull Run Regional Drinking Water Agency
• The water sources to be used and managed by the new agency include the Bull
Run Watershed and the-Columbia South Shore Wellfield.
• The members would obtain some or all of their water from the new Bull Run
Regional'Drin1drig Water Agency.
• The new Bull Run Regional Drinking Water Agency would have the flexibility to
allow members to:place other fimctional aspects ofdneir water utility operations
within the new agency,if desired. Such aspects migU include laboratories,
operations centers,distribution systems,business services, or any other aspect of
their operations,that were water-related or ancillary to water services. A financial
mechanism would be created in the structure of the new agency that could isolate
costs and benefits of services other than supply,went and transmission,and
apportion those costs to those ratepayers receiving the service.
• The new Bull Run Regional Drinking Water Agency maybe formed under an
ORS 190 agreement, subject to additional information identified during
development of the Plan.
• The new Bull Rim Regional'Drinking Water Agency will offer wholesale
contracts to other providers of water in the Portland metropolitan area,to the
extent water is available, and such contracts are approved by the decision-making
authority of the new agency.
3. Cost Share
The costs for development of the Plan shall be shared equally by the Parties. The
estimated total cost of the Plan is not to exceed$200,000. Each Party will share equally
in the cost of this Agreement. In the event Parties agree to increase the scope of this Plan
there will be a corresponding increase in the cost of the Plan to the Parties. The Parties
understand that the Plan is a second step in addressing the feasibility of forming a Bull
Run Regional Drinking Water Agency and that participation in finding the Plan does not
assume that the Parties will necessarily be the members of a new agency.
4. Proiect Management
a. Managing Agency
The Parties agree that the Sunrise Water Authority shall be the Managing Agency
for this Agreement. With participation from the Technical Advisory Committee,the
Managing Agency will seek,retain and manage any contracted services as may,from
Page 3—Joint Funding Agreement
Implementation Plan For Formation
Of A Bull Run Regional Drinking Water Agency
s
time to time,be deemed necessary to carry out the work of this Amt. The
Managing Agency will seek and retain such services through its normal business
practices. The Managing Agency shall,pay such bills and invoices as.may be deemed
proper and appropriate and upon payment thereof shall deliver invoicesto the Parties as
set forth in Section 3 above. Each Party shall pay such invoice(s)within thirty(30)days
of receipt and shaRpay such invoices)even if thereU a question to resolve with the.
Managing Agency. All questions that cannot be resolved between a party and the
Managing Agency shall be submitted to allof the Parties to this Agreement for final
resolution.
b. Policy Steering Committee
The designated elected officials ofthe Parties shall form a Policy Steering
Committee. The Policy Steering Committee,together with the Technical Advisory
Committee will identify policy issues that need administrative and.technical analysis.
The Policy Steering Committee will provide guidance to-the Technical Advisory
Committee on issues related to the formation of the new Bull Run Regional Drinking
Water agency.
c. Technieal Advisory Committee
The water administrators or designees of the Parties shall form a Technical
Advisory Committee. The Technical Advisory Committee shall manage the work
program and develop4 an agreement and-implementation plan for the creation of the new
Bull Run Regional Drinking Water Agency.
The Committee members will report to their respective governing bodies on the
progress of the work undertaken in this Plan, and make final recommendations to their
respective governing bodies.
S. Voluntary Termination of Party
Except as otherwise indicated in this section,no Party may terminate its rights and
obligations under this Agreement until the Plan is completed
Parties may terminate their participation in this Agreement at any time although
the terminating Party or Parties shall remain liable for full fimding of the Party's share
of costs per Section 3 of this Agreement.
Pap 4—Joint Funding Agreement
Implementation Plan For Formation
Of A lull Run Regional Drinking Water ABency
y
6. Amendments
This Agreement may be amended only if each and,every Party concurs. Such
amendment must be in writing and signed by authorized representatives of all,Parties.
7.. Assienment
No Party to this Agreement shall have the right to assign its interest in this
agreement(or any portion thereof)without the prior written consent of all other Parties.
& Severability
In case one or more of the provisions contained herein should be held invalid,
illegal or unenforceable in any respect,the validity,legality and enforceabtility of the
remaini�tg provisions contained herein shall not in any way be affected or impaired
thereby.
9. Notices
Any notice deemed necessary shall be given in writing to the designees of each
Party by hand delivery;by United States Mail, first class postage prepaid,or by e-mail if
retum is acknowledged
10. Attorney Fees
ff any dispute should arise under this Agreement the prevailing Party shall be
entitled to such reasonable attorney fees as may be awarded by any trial court or
arbitrator and incl cling any appeal therefrom:
11. Bindine Effect and Indemnity
Except for negligent acts, all acts undertaken in the course of this Agreement,by
any authorized Party, shall be deemed to be the acts of all Parties. For all other acts or
omissions each:Party hereto agrees to indemnify the other,their governing bodies,
officers, agents, employees and consultants from and against all,claims, demands,.
penalties and causes of action of any kind or character,inchuHng the cost of defense and
attorney fees, arising in favor of any person or entity on account of personal,injury, death
or damage to property rewiting from the solely negligent acts or omissions of the entity
or one under its control.
Page S—Joint Funding Agveemert
Lnplementation Plan For Formation
Of A Bull Run Regtonal Drinking Water Agency
12. Authorshiva Tal Review
This Agreement shall not be construed for or against any Party by reason:of the
authorship or alleged authorship of any provision. Each Party is encouraged to obtain the
advice of legal counsel before signing this agreement.
Page 6—Joint Funding Agreement
Implementation Plan For Formation
Of A Bull Run Regional Drinking Water Agency
13. Sip-nature Pate
CITY OF PORTLAND
By:
Date:
CITY OF BEAVERTON
Ap roved AspZpf
By:
.3 .5 a Drake eaverton Attorney
Date:�
CITY OF GRESHAM
By:
Date:
CITY OF TIGARD
By:
Date:
CITY OF TUALATIN
By:
Date:
Page 7—Joint Funding Agreement
Implementation Plan For.Formation
Of A Bull Run Regional Drinking Water Agency
WEST SLOPE WATER DISTRICT
By:
Date:
CLEAN WATER SERVICES
By:
Date: Q
SUNRISE WATER AUTHORITY
By:
Date:
ROCKWOOD WATER PEOPLE'S UTILITY DISTRICT
By:
Date:
Page 8—Joint Funding.Agreement
Implementation Plan For Formation
Of A Bull Run Regional Drinking Water Agency
13. Signature Page
CITY OF PORTLAND
By:
Date:
CITY OF BEAVERTON
By:
Date:
CITYZp -
SHAM
By: Approved as to Form
or
Date•
City Attorney's Office
CITY OF TIGARID
By:
Date:
CITY OF TUALATIN
By:
Date:
Page 7—Joint Funding Agreement
Implementation Plan For Formation
Of A Bull Run Regional Drinking Water Agency
CLEAN WATER SERVICES
By:
Date:
SUNRISE WATER AUTHORITY
By:
Date:
ROCKWOOD WATER PEOPLE'S UTII.iTY DISTRICT
BY
Date:
METRO
By:
Date:
Page 9 Joint Funding Agreement
Implementation Plan For Formation
Of A Bull Run Regional Drinking Water Agency
13. Signature Paee
C1TY OF PORTLAND
APPROVED AS TO FORM
APPRO
vW AS TO FQ;-
nate: �..?!7msw
City Att
ATMRMi
ti
C1TY OF DEAVERTON
Date:
CM OF GRtESHAM
BY
Date:
C1TY OF TIGARD
. By. .
Date:
CM OF TUAIlTBN
Date:
Pap 7—Joint Funding Amt
Im;IF mi Plan or Fonnation
Of A Boll Run Regional Drinking Water AVcy
r '
CITY OF TUALATIN
By:
Date•
CLACKAMAS,RIVER WATER
By:
Date:
POWELL VALL ROAD WATER DISTRICT
By:
dw
Date:
RALEIGH WATER DISTRICT
By:
Date:
TUALATIN VALLEY WATER DISTRICT
By:
Date:
Page 7—Joint Funding Agreement
Implementation Plan For Formation
Of A Bull Run Regional Drinking Water Agency
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CITY OF TUALATIN
By:
Date:
CLACKAMAS RIVER WATER
By:
Date:
POWELL VALLEY ROAD WATER DISTRICT
By:
Date:
RALEIGH WATER IS RICT
By: --
Date:0
TUALATIN VALLEY WATER DISTRICT
By:
Date:
Page 7—Joint Funding Agreement
Implementation Plan For Formation
Of A Bull Run Regional Drinking Water Agency
WEST SLOPE WATER DISTRICT
By:
Date:
CLEAN WATER SERVICES
By:
Date:
SUNRISE WATER AUTHORITY
By:
Date:
ROCKW OD WATER PEOPLE'S UTILITY DISTRICT
By`
Date: /LL c,�,C.� f( Z Dc,Z
Page 8—Joint Funding Agreement
Implementation Plan For Formation
Of A Bull Run Regional Drinking Water Agency
WEST SLOPE WATER DISTRICT
By:
Date:
CLEAN WATER SERVICES
By:
Date:
SUNRISE WATER AUTHORITY
By:
Date:
ROCKWOOD WATER PEOPLE'S UTILITY DISTRICT
By:
Date:
Page 8—Joint Funding Agreement
Implementation Plan For Formation
Of A Bull Run.Regional Drinking Water Agency
r
12. Authorship: Legal Review
This Agreement shall.not be construed for or against any Party by reason of the
authorship or alleged authorship of any provision. Each Party is encouraged to obtain the
advice of legal counsel before signing this agreement.
13. Signature Page
CITY OF PORTLAND
By:
Date:
CITY OF BEAVERTON
By:
Date:
CITY OF GRESHAM
By:
Date:
CITY OF TIGARD
By . Ito
Dat . 2,-2 G •Q 2—
Page 6—Joint Funding Agreement
Implementation Plan For Formation
Of A Bull Run Regional Drinking Water Agency
CITY OF TUALATIN
By: !2 -4 ` L�CJ�GG
Date: 2��G 10-L
CLACKAMAS RIVER WATER
By:
Date:
POWELL VALLEY ROAD WATER DISTRICT
By:
Date:
RALEIGH WATER DISTRICT
By:
Date:
TUALATIN VALLEY WATER DISTRICT
By:
Date:
Page 7—Joint Funding Agreement
Implementation Plan For Formation
Of A Bull Run Regional Drinking Water Agency
CITY OF TUALATIN
By:
Date:
CLACKAMAS RIVER WATER
By:
Date:
POWELL VALLEY ROAD WATER DISTRICT
By:
Date:
RALEIGH WATER DISTRICT
By:
Date:
TUALAT!YVALLEY WATER DISTRICT
By:
Date:
Page 7—Joint Funding Agreement
Implementation Plan For Formation
Of A Bull Run Regional Drinking Water Agency
WEST S P ER DI CT
By:
te: L March 4 2002
CLEAN WATER SERVICES
By:
Date:
SUNRISE WATER AUTHORITY
By:
Date:
ROCKWOOD WATER PEOPLE'S UTILITY DISTRICT
By
Date:
Pages—Joint Funding Agreement.
Implementation Plan For Formation
Of A Bull Run Regional Drinking Water Agency
ti
Proposed Bull Run Regional Drinking Water Agency
April 25, 2002
To: Technical Advisory Committee Members
From: Jeanne LeJeune
RE: Signed Funding Agreement
Attached you will find two copies of the "Joint Funding Agreement Implementation
Plan For Formation Of A Bull Run Regional Drinking Water Agency-, dated March 15, 2002
as it has been executed by the 13 signators from,your agencies.
Please note that the Agreement stills refers to Clackamas River Water as a
participating agency, and refers to 14 participating agencies in the body of the Agreement.
As you know, Clackamas River Water declined to participate in the project, after the
Agreement had been agreed to and signed'bythe other participating agencies. The 13
participating agencies were notified of this decision by CRW Manager Dale Jutila on April
15, 2002.
1 would recommend you keep this cover memo with your copies of the Agreement so
the record shows that there are only 13 participating agencies, and the Clackamas River
Water signature page has not been lost.
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