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HomeMy WebLinkAbout695(1/ / RESOLUTION NO. A RESOLUTION of the City of Kent, Washington authorizing the entry of the City into a contract with the Municipality of Metropolitan Seattle for jointly under- taking and financing preparation of a com- prehensive water pollution control and abatement plan. WHEREAS, the laws of the United States and the State of Washington, and the regulations of federal and state regulatory agencies now severely restrict availability of grants for water pollution control purposes to any municipality in any drainage basin for which a comprehensive water pollution control and abatement plan has not been developed; and WHEREAS, the health and welfare of the residents of the City of Kent, (herein called "City") require that the control and abatement of water pollution control problems be adequately planned for on a regional basis; and WHEREAS, the various concerned municipalities located within the drainage basin in which the City is located can most effectively, economically and efficiently develop a comprehensive water pollution control and abatement plan for such basin by co- operating in a study jointly financed and prepared. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kent, Washington, as follows: Section 1. The Mayor of the City is hereby authorized and directed to execute, on behalf of the City, a contract with the Municipality of Metropolitan Seattle, King County, Washington for jointly undertaking and financing preparation of a comprehensive water pollution control and abatement plan. Said contract shall be in the form attached to this resolution and incorporated by reference herein. PASSED AND APPROVED by the Council of the City of Kent 1 Washington 1 this /Zt;( day of ~----t-------' 1971 cITY OF A~ /1/y-= WASHINGTON MAYOR -2·- / -;L·v~ ... r~, CONTR1\CT FOR JOINTI .. Y UNDERTAKING A~D ~IN~NCING PREPAR~TION OF A COMPREHEUSIVF: \vl\TER POLLUTION CONTROl, l\ND ABATE1v1EN'r PLAN THIS AGREE!vmNT is entered into as of this 1 2~ day of , 1971, by a-lTd-~~~ ------, a municipal corporation of the State of Washington (hereinafter called "Participant") and the Hunici pali ty of f'.1etropoli tan Seattle (herein- after called "Metro"). \lliEREAS, the laws of the United States and the State of Washington and the regulations of federal and state regulatory agencies now severely restrict the availability of grants for water pollution control purposes to any municipality in any drainage basin for which a comprehensive water pollution control and abatement plan has not been developed; and \\TtiEREAS, the laws of the State of l'il'ashington not,, fix a deadline of July 1, 1974 for the development of such comprehensive plans within the state; an4 WIIEREAS, the various municipalities and counties wholly or partly located within the Green River and Lake Washington drainage basins in the State of h'ashington (designated Water Resource Inventory Areas 8 and 9 by the State Department of Ecology) can most effectively, economically and efficiently develop a comprehensive water pollution cont::-ol and abatement plan for such basins (herein called the "Plan") by cooperating in a study jointly financed and prepared; and WHEREAS, such intcrlocal cooperation is authorized and p!"ovided for under the tcr.ms of RC\'1 39. 34; and h~IEREAS, a coordinating commi ttec has been forrned, as authorized by the regulations of the State Departm~nt of Ecology, knmm as the Hiver Bvsin Coordinating Committee (herein called "RIBCO") for the purpose of OJ:qanizinq and coordinatinq the nreparaticn 2nd suhmissi.on of the necessary Plan for the above named basins .. . , and for the purpose of applying for and obtainincj .:my available grants for financing the development of such Plan thereby accomplishing subGt<~.nti..-.1 economics and achieving better coordination in the obtaining of such grants and in the development of the Plan~ and l-JHEREAS, RIBCO is cor.1prised of single representatives of King County, Snohomish County, the Puget Sound Governmental Conference, Metro, the City of Seattle, the Cities of Bellevue and Kirkland, (representing all cities in the I1al~e Nashington basin) , l\.uburn and Renton, (representing all cities in the Green River basin), Cascade Sei\'C::::' District (representing all Hater and sev1er districts in the Lake Washington basin) and Lnkehavcn Sewer District (representing all water and sewer districts in the Green River basin) ; and vlHEREAS, RIBCO has met, has determined the Hork elements necessary to the preparation of the Plan, has determined assignments fo::::-the performance of such vmrk elements and has established a time schedule for applying fo~ and obtaining necessary planning grants; and \·l!IEREAS, it is to the advantage of all concerned Participants to obtain all available grants for funding the preparation of the Plan and to designate a single representative to mal:e application for such grants, thereby reducing both the cost and time required; and NHERE2\S, Hetro has, by reason of its extensive experience in obtaining grants for water pollution control purposes from the various federal and state agencies, developed substantial expertise in performing such functions and has established good working relationships with the personnel of the regulatory agencies dispensing and ~dministering such grants, and it is therefore adv.:1ntagcous to the parties that such applications be~ prepared ~2·-· ~nd submitted by Metro; and i'JHER.Eli.S, RII3CO has requested Netro to serve as the agency to prepare the necessary applications for sucl1 planning grants, and the parties hereto '"ish to authorize anc1 enable r.lctro to so represent them. Nm'l', THEHEFORE, the parties hereto do mutually a9ree as follm1s: Section 1. Metro shall be designated as the agent for the Participant, the Puget Sound Governmental Conference and all r.mnicipalities and counties in the Green River <:md IJake Nashington Basins entering into agreements with Metro in ~1e form of this agreement (which municipalities and counties, together with Metro, and the Puget Sound Governmental Conference arc herein called "Participating Hunicipalities") to npply for and obtain any available ~ede~al or state grants for the purpose of paying part or all of the costs of development of the Plan. Section 2. The Participant shall provide to Metro on or prior to of the direct costs (out-of-pocket) and indirect costs (an nllocated share of salaries of the Participant's ~ersonncl, materials and overhead) which will be incurred by the Participant in obtaining and providing to RIBCO the informati6n set forth in Exhibit A, atta=hed hereto and incorporated by reference herein, to JJc provided as a part of the work efforts therein allocated to the Participant by na:ne or to "each opcruting authority". The Participant \vill also provide Metro, at the same time, with an csti~atc of the time period or periods required to obtain and supply such information. The Partici~ants and Metro will cooperate in obtaining and providing to any agency to which a grant application is submitted, all oth6r necessary data, reports or materials, and in doing all other things necessary or useful ln making the most advantageous presentation. Section 3. Upon obtaining any grant for the purpose of preparing the Plan, such grant money shall be utilized in the following manner and priority: ! A. For the support of RIBCO including necessary cor:tpensation of the consulting engineer chosen hy RIDCO and all other costs incurred by RIBCO incident to preparation of the Plan including any administrative or office costs. B. To reinburse the costs incurred by I1etro in preparing grant applications including "direct" and "indirect" costs as described in Section 2 above, together with all costs incurred by I:letro in advancing funds necc:ssary to compensate the consulting engineer retained to prepare the'Plan. C. For reimbursement to all Participating I1unicipali ties of all (or, to the extent funds are availabl~ of a pro rata share) of their costs incurred in dbtaining and providing to RIBCO the information set forth in Exhibit A to be obtainecl and provided by each such Hunicipali ty, including "direct 11 and "ind.ir:ect" costs as described in Section 2 above. Payment or reimbursement of all costs set forth in items A, B or C above shall be @ade only upon the approval and direction of H.IDCO. RIDCO shall determine the amount of reimbursement to be paid pursuant to items B and C above based upon the actual cost to Metro and to each Participating Municipnlity of performing its responsibilities pursuant to this agreement. No rcimburscincnt shall be approved by HII3CO pursuant to i t:mn I3 or C above for any expenditure, the purpose and cost or est:ima ted cost of •,.;hich has not becm approved by P.IECO in advance -4- of the incurring of such cost. The parties hereto agree that the work of the parties and of IUBCO in accoDplishing the \·Jorl~ efforts 'dhich urc their responsibilities un0cr Exhibit A, will not proccca until sufficient grant monies arc assured to pay the cost of itcns A and B above. All grant monies received in excess of these aDounts shall be distributed under item C pro rata to the Participating Municipalities. Section 4. Upon approval of the necessary grant or grants for the preparation of the Plan, RIBCO will select a consulting engineering .firm (herein called "Engineer'') of its choice for the purpose of performing the work efforts specified in Exhibit :~. l;y 2:1 "X" under "a<Jcncy" '.·7hich \·Jork efforts arc those to be performed by RISCO. RIBCO will supervise the work of the Engineer and \·lill coordinate in all respects the preparation of the Plan. The eingincer will contract with Iietro to perform the responsibilities assigned it by RIBCO. The parties agree that they authorize and ,.,ill accept RIBCO 's adi:'.inistration of the contro.ct made ,,,i th the Enqineer, including, but without limitation, determinations and decisions as to the quo.lity and acceptability of the services to be performed by the Engineer and as to the times and amounts of the payments to be made by Metro to tho Engineer for services rendered under the provisions of the Engineer's contract with Metro. Section 5. The Participant and Metro will cooperate with RIDCO and with the Engineer in obtaining and providing the data specified in Exhibit A as work efforts to be accomplished by I'u.rticipu.nt by narnc or those cle::;ignated to be o.ccompl.i_;:;hed by "each operC~. ting author i t:l'' ancl applicable to the Pard cipant. Such information will be provided in a timely m~nncr \·Then requested. The Participant and Metro will cooperate with cacl1 other and with -5- the Engineer in providing ~11 other available and necessary raw data, reports;·studies and other material or information which mav be requested by the Engineer in the course of the development of the Plan and will do all other things necessary to the accomplish~ ment of the work required to prepare the Plan. Section 6. The Plan shall provide for the control and abatement of water pollution and the protection of water quality in the Lake Washington and Green River Drainage Basins by a logical interim and long-range plan for approximately 30 years into the future. Such plan shall be developed according to Washington Administrative Code Section 372-68-060. Section 7. RIBCO shall hold one or more public hearings concerning the preparation and development of the Plan. Reasonable notice of such hearings shall be given to the public and to all Participating Municipalities. Follov1ing such hearings, RIB CO shall determine the contents arid provisions of the Plan to be recommended. The report of HIBCO in recommending the Plan shall, upon its completion, be available to all Participating Municipalities. Such Plan, when completed and prepared, shall be submitted by RIBCO to all appropriate state and federal regulatory agencies having jurisdiction and authority to approve such comprehensive plans, and whose regulations require the development of such comprehensive plans. Section 8. This agreement shall become operative effective ,JUL 1 137\ , 1971. This agreement shall remain in effect until the Plan is completed and submitted by RIDCO to the appropriate agencies pursuant to Section 7 above. -6- IN IH'rNESS ~'/HEREOF, the undersigned parties have executed this-~qrcement as of the date first ·above written. 1\'rTEST: r·1UNICIPALI'rY OF HETEOPOLITAN SEATTLE By ________________________________ __ ATTEST: -7-