Interlocal Agreement with King and Snohomish County Establishing Regional Water Purveyors CommitteeI,A
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AGREEMENT ESTABLISHING
REGIONAL WATER PURVEYORS COMMITTEE
THIS AGREEMENT, entered into on the 14 th day
of —April 1981, by and among the undersigned water
purveyors (hereinafter "Purveyors") in King County and Snohomish County,
Washington.
WHEREAS, the undersigned Purveyors rely upon the City of Seattle in
varying degrees for water supply to serve their constituents, and
WHEREAS, to the date of this agreement there has been no executed
written contract between the Purveyors and the City of Seattle regarding
the supply of water to meet the respective needs of the undersigned
Purveyors, and
WHEREAS, the City of Seattle has supplied water to all of the
undersigned Purveyors, and
WHEREAS, it may be in the best interest of the undersigned
Purveyors that they establish their future relationship with the City of
Seattle by written contractual agreement and assure that there is an
adequate provision of water for the undersigned Purveyors and their
customers,
WHEREAS, each of the undersigned Purveyors finds that it is to
their individual and collective advantage that negotiations for water
supply, new facilities, alternate sources of supply and related matters
be negotiated on a unified basis to prevent duplication of effort, NOW,
THEREFORE, for the mutual benefits to be derived the undersigned Public
Agencies, pursuant to Chapter 39.34 of the Revised Code of Washington,
hereby create an entity to be known as the "Regional Water Purveyors
Committee" (hereinafter the "RWPC"), which shall be organized primarily
for, but not necessarily limited to, the purposes set forth hereinafter.
1.1 Purpose. To conduct negotiations by and through a committee
known as the RWPC with the City of Seattle on behalf of the Purveyors
for determining terms and conditions of a proposed water supply master
contract form between the City and the Purveyors signing the same.
1.2 To timely advise the Purveyors of the negotiations and the
conditions of such master contract form with the City of Seattle.
1.3 To employ or retain counsel, staff and/or consultants as
deemed necessary to carry out its purposes.
1.4 No Purveyor shall be bound by the RWPC during such
negotiations except as specifically stated in this agreement.
2.1 Representation and Make -Up. Each Purveyor which has executed
a counterpart of this agreement shall be a member Purveyor of the RWPC
and each member shall be entitled to one representative to serve on the
RWPC, and one or more alternate(s) as each member shall determine. If
more than one alternate is selected by a member, such member shall
inform the RWPC of its first alternate, second alternate and so forth.
2.2 Such representative and alternate(s) to the RWPC shall be
chosen by the elected officials of each member Purveyor, and shall be
either an appointed executive or elected official of such member.
2.3 On matters not involving monetary expenditure(s) by the RWPC,
each member Purveyor shall have one vote of equal weight, which vote
must be made in person by its representative and shall not be cast
either in absentia or by proxy. A designated alternate of a member may
cast its ballot as a full voting member Purveyor in the absence of its
representative.
2.4 On matters involving monetary expenditure(s) by the RWPC,
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each member Purveyor shall have one vote of a weight corresponding to
the member Purveyor's proportionate water consumption in the City of
Seattle system at the time this agreement becomes effective as
determined for budget purposes in paragraph 6.1 below, which weighted
vote must be made in person by its representative and shall not be cast
either in absentia or by proxy. A designated alternate of a member may
cast its vote as a full voting member Purveyor in the absence of its
representative.
3.1 Terms of the RWPC. Terms of office for a RWPC representative
shall correspond to the term of office of the particular official or
executive selected by a member as its representative.
3.2 Replacement of a RWPC representative shall be by his/her
alternate for the remaining unexpired term of office of said alternate,
and the replacement for such alternate shall be selected by the original
electors of the alternate being replaced, except that a first alternate
shall be replaced by a second alternate and so forth.
4.1 Quorum and Procedures for the RWPC. Attendance of
representatives of members holding more than one-half of the total
number of votes or total weighted vote necessary to validate an action
by the RWPC shall constitute a quorum for the transaction of that
particular business, provided a quorum of at least two-thirds of the
total votes or total weighted vote eligible to vote shall be required to
vote for changing the manner in which the RWPC is formed or operates;
its rules; or its by-laws.
4.2 Any number of RWPC representatives may constitute a quorum
for purposes of conducting the actual bargaining with the City of
Seattle, if authorized by the RWPC in a lawful meeting pursuant to this
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Agreement.
4.3 Written minutes of RWPC meetings shall be maintained, and a
copy thereof shall be promptly circulated to each RWPC member by the
RWPC's secretary.
4.4 The RWPC shall choose its Chairperson and a Secretary and
such other officers or positions from among its members as it shall deem
necessary from time to time. The RWPC may adopt such rules and by-laws
relating to its organization, conduct of its meetings, its members and
their successors, and any other matters deemed appropriate and not
inconsistent with the provisions of this agreement. In the absence of
such adoption or in the event of omissions or ambiguity in such rules
and by-laws, Roberts Rules of Order Revised shall govern.
4.5 The RWPC shall meet at the call of the Chairperson, or at the
written request of any three (3) members made to the Secretary.
4.6 The RWPC may retain or employ such counsel(s), consultant(s)
and/or staff person(s) as it deems necessary in order to accomplish the
purposes of the RWPC, provided there are sufficient funds budgeted from
which payment can be made to such retained or employed person(s). The
RWPC shall be entitled to contract with any person or organization in
order to obtain the necessary services but, in the event it would
require expenditure of Purveyor funds additional to the amounts
contained in any previously -approved budget, prior approval of each
Purveyor shall be necessary in order to obligate any Purveyor. No
expenditures shall be made under any circumstances unless sufficient
funds are provided for in an approved budget or are specially approved
by the Purveyors paying the same.
4.7 The RWPC's Secretary shall be authorized to sign all
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documents contractual or otherwise, on behalf of the RWPC, and to
authorize payment of expenditures pursuant to this agreement, upon ten
(10) days notice to members, unless a regular or special meeting is
called by the Chairman or requested by members pursuant to paragraph 4.5
to review, ratify or reject the Secretary's proposed signature or
payment authorization.
5.0 Responsibilities, Limited Binding Authority and Duration.
5.1 Role in Negotiations with City of Seattle. The RWPC shall
participate in the negotiations of the proposed water supply master
contract form with the City of Seattle through its designated
representatives; or any approved subcommittee of the same. The RWPC
will submit reports of developments to each Purveyor, as appropriate.
5.2 Rate or Other Consultants. Rate or other consultants may be
retained as the RWPC deems necessary, subject to the limitation on
expenditures set forth in Section 4.6.
5.3 Purveyors' Rights. Each Purveyor does specifically reserve
the right to decide upon the particular provisions of its contract, if
any, to be signed with the City of Seattle.
5.4 Each Purveyor shall permit the RWPC to negotiate exclusively
on its behalf as to such proposed water supply master contract form with
the City of Seattle as long as this agreement is in effect for such
Purveyor.
6.0 Financing.
6.1 Budget. The RWPC shall establish a budget in the amount of
$64,200 for 1981, which such budget shall be and is accepted and
approved by each Purveyor signing this agreement below. This budget
shall not become effective unless Purveyors representing seventy (70%)
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percent of Purveyor water use for 1979 (as set forth in Attachment "A"
attached to and incorporated herein) shall have signed this agreement by
7:00 p.m., April 14, 1981. Each Purveyor accepting and approving the
1981 budget shall pay one-half of its proportionate share of the budget
on May 15, 1981 or within thirty (30) days thereof, and one-half on July
15, 1981, unless later billed by the RWPC, based upon the ratio of the
amount of water purchased from the City of Seattle by the approving
Purveyors to the total amount of water purchased from the City of
Seattle by all approving Purveyors as set forth on Attachment "A"
hereto. In future years, budgets shall be set by the RWPC in January
and approved or rejected by Purveyor members in February of each year.
If rejected, then the budgeting process may continue until approval is
achieved by members pursuant to this agreement or until this agreement
is terminated.
6.2 Public Treasury. Pursuant to RCW 43.09.285 the financial
accounts of the Committee shall be held in trust by the City of Mercer
Island. The deposit and withdrawal of funds of RCPW shall be made in
the manner as prescribed in this agreement or supplemental rules or
by-laws not inconsistent with this Agreement.
7.0 Termination.
7.1 Method. This agreement is a continuing agreement but it may
be revoked at any time by a Purveyor upon written notice to the RWPC,
together with payment of any unpaid share of an approved budget to which
the resigning Purveyor has previously agreed, and said revocation shall
be effective upon receipt by the Secretary of the RWPC of the revocation
and monies due, if any.
7.2 Termination - Distribution of Assets. In the event of a
termination of this agreement by a two-thirds majority of the members,
the RWPC shall adopt a procedure for disposing of the assets or property
of the RWPC either by an equitable distribution in kind or a sale or
other transfer of said assets and a distribution of any proceeds
received in the same manner as used by the RWPC to assess its members.
8.0 Miscellaneous Provisions.
8.1 Filing the Agreement. This agreement, prior to taking
effect, shall be filed with the respective City Clerks of all Cities who
are signatories hereto; with the County Auditor for the respective
counties that each of the Public Agencies is situated within; with the
City of Mercer Island, with the Secretary of State of the State of
Washington; and with the Chief of the Municipal Audit Division of the
State Auditor's Office. This agreement shall however not be effective
until Purveyors make an irrevocable commitment to fund $64,200.00 of
RWPC expenses as set forth above.
8.2 Persons Authorized to Sign. This agreement shall be executed
by the person authorized to sign documents of this nature on behalf of
the Public Agency subscribing to this agreement and a certified copy or
original of the ordinance, resolution, excerpt from minutes or other
authorizing document shall accompany the signed counterpart to this
agreement.
8.3 Signing and Counterparts. Each member, rather than signing
an individual agreement, is authorized to sign this agreement in
counterparts and the entire agreement as thus signed shall be binding
upon each Public Agency that so subscribes.
8.4 Authority to Apply for and to Accept Loans and Grants. The
Committee created hereunder shall be authorized to apply for and accept
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loans or grants of Federal, State or private funds in order to
accomplish its purposes.
EXECUTED by each undersigned Purveyor on the date and at the place
set forth above their respective signatures. .
DATED AND SIGNED this 7th day of April 1981.
WATER DISTRICT NO.
OF COUNTY, WK5 IN `TON
By:
Authorized Signature
IN
CITY OF ED11014DS
By:Ct�4�
Authorized Signature
Attachment "A"
SEATTLE WATER DEPARTMENT
1979 WATER USE OF PURVEYORS
Purveyors 1979 Water Use in 100 Cu. Ft.
Percentage of Use
W.D. 14
46,729
0.19
W.D. 20
1,308,753
5.35
W.D. 25
54,548
0.22
W.D. 42
1,185,852
4.85
W.D. 45
151,099
0.618
W.D. 49
620,812
2.54
W.D. 57
8,888
0.036
W.D. 58
1,063,206
4.34
W.D. 63
108,671
0.444
W.D. 69
36,138
0.147
W.D. 75
2,562,335
10.48
W.D. 77
119,029
0.49
W.D. 79
2,157,309
8.82
W.D. 81
2,112,318
8.64
W.D. 83
10,152
0.04
W.D. 85
97,412
0.40
W.D. 88
19,762
0.08
W.D. 90
651,447
2.66
W.D. 104
868,467
3.55
W.D. 107
680,746
2.78
W.D. 108
429,067
1.75
W.D. 119
22,951
0.009
W.D. 125
597,099
2.44
Bellevue
5,836,234
23.87
Bothell
326,204
1.48
Duvall
54,825
0.22
Edmonds
505,005
2.06
Mercer Crest
24,148
0.10
Mercer Island
1,284,127
5.25
Normandy Park
84,928
0.35
Olympic View
537,368
2.20
Renton
297,293
1.21
Tukwila
586,881
TOTAL
24,449,803
97.614
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