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HomeMy WebLinkAboutCAG2000-0555 - Original - South King County Regional Water Association - Joint Operating Agreement - 12/19/2000 SOUTH KING COUNTY REGIONAL WATER ASSOCIATION JOINT OPERATING AGREEMENT December 19, 2000 WHEREAS, an adequate and safe water supply for South King County Regional Water Association(SKCRWA) and its members is vital to both existing citizens and in implementing the long-term comprehensive plans of SKCRWA members;and WHEREAS, the State and SKCRWA prepared a Coordinated Water System Plan (CWSP) for South King County;and WHEREAS, projects that provide for the coordinated and cooperative use and operation of supply, transmission, storage, treatment, and pumping facilities to minimize cost, provide for improved water quality, protect the environment, provide for emergency needs, and maximize the best use of the resource is in the best interest of the citizens of the region; WHEREAS, the current and near-term water needs of the local governments and SKCRWA require steps to establish a cooperative subregional water supply system; and WHEREAS, the SKCRWA is committed to cooperate toward regional solutions for both emergency and long range water supply needs: and WHEREAS, the SKCRWA signatory members developed a Joint Operating Agreement in 1995 and revised the Joint Operating Agreement in 1996 and now want to further revise the Agreement. NOW THEREFORE, the SKCRWA signatory members of this Joint Operating Agreement (JOA), agree as follows: 1. GENERAL A. The Signatory Members acknowledge the requirement to incorporate land use planning as defined by the Growth Management Act with water supply planning; and B. The Signatory Members recognize the benefits of developing a subregional water supply system that will allow the optimum use of surface and groundwater to better manage and protect the area's water resources; and C. The Signatory Members will hold an Annual Meeting about September 30th to review the status of this JOA and any Amendments as well as other problems of mutual concern. The specific date, time, and location of the meeting will be set by mutual agreement. December 19,2000 1 D. Merger shall mean when two signatory members merge or when a signatory member and a non-signatory member merge. E. Termination — This agreement shall cease to be binding on or to any signatory member that is not in good standing or whenever a merger occurs. 2. INTENT A. The general intent is to create a method for the Signatory Members to cooperatively use certain existing facilities and construct new facilities needed to develop a subregional water system The Signatory Members may mutually agree by Interlocal Agreement to produce additional water and distribute it within the Subregional Service Area, with or without change to their retail service area. B. The JOA provides a framework for joint development of specific projects that may include two or more Participants. Each facility, project, and/or intertie shall be developed under a separate Interlocal Agreement (IA) consistent with this JOA subject to approval by appropriate affected city council and/or water district boards. The specific intent of this JOA is to make provisions for a standardized form to create or expand cooperative agreements to meet the public water supply needs for both emergency and long-term use, and to establish a basis for agreement between Participants for financing, ownership, construction, and operation of mutually beneficial projects required to achieve cooperative objectives. These projects may include common facilities with other Agencies outside the SKCRWA planning area Interlocal Agreements (IA) negotiated under the provisions of this JOA shall speak for them selves and should reference the version of the JOA, which is in place at the time that the agreement is reached. It is the intent of the Signatory Members that any Interlocal Agreements negotiated under the JOA would survive the withdrawal of a Signatory Member from the JOA or from the South King County Regional Water Association. It is further the specific intent of this JOA to preserve Signatory Members' existing water rights and protect the established or planned interest and needs of each Signatory Member with respect to sources of water. Suggested content for an Interlocal Agreement is shown in Exhibit A. C. It is the desire of the Signatory Members that this JOA be incorporated into the South King County CWSP at the next update. D. The term "Participant" as used in this JOA shall mean all the signatories of an IA consistent with and implemented subsequent to this JOA. December 19,2000 2 E. The term"Signatory Members" as used in this JOA shall mean a member, in good standing, of the South King County Regional Water Association who has signed this JOA. Good standing includes but is not limited to being current on all dues to the SKCRWA. 3. SUBREGIONAL SERVICE AREA AND FACILITIES A. "Subregional Service Area " shall mean the Signatory Members' Designated Water Service Areas identified in the CWSP or as approved by amendments to the CWSP or as identified in a Signatory Member's approved Comprehensive Water Plan. B. "Subregional Facilities"shall mean: (a) that portion of the Participants' sources, interties,transmission, and storage systems required to supply water to the service areas of the Participants or new facilities as defined by a separate IA pursuant to this JOA. (b) those designated capacities within a Participant system as specifically defined in an appropriate IA. C. "Facility Ownership". Ownership of the physical facilities that exist on the date of this JOA shall remain with the individual Signatory Members. Unless otherwise agreed to within a specific IA, ownership and operational responsibilities of new facilities shall be based generally on location in designated service areas, with capacity rights defined by appropriate IA. 4. WATER SUPPLY - CAPACITY RIGHTS A. CanacitL is - Participants may purchase capacity by IA. Any changes in these capacity rights shall be recognized by an IA, approved by the appropriate affected city councils and/or water district boards. B. Additional JOA Participants - Other agencies may purchase capacity rights in subregional facilities subject to the provisions of paragraph 4.C. Other agencies who become Signatory Members of the SKCRWA and become Participants in future projects undertaken under this JOA and future IAs will be assessed past costs associated with development of this JOA as specified in Exhibit B. December 19,2000 3 C. Wholesaling Water - a) A Signatory Member may wholesale water through lease or otherwise, delivered through subregional facilities to areas outside of the Signatory Member's Service Area, so long as the other Signatory Members' capacity rights are not negatively impacted. Signatory Members of the SKCRWA agree that, where feasible and mutually beneficial, they will coordinate planning and development of water resources. b) Signatory Members fiuther agree that prior to entering into any agreement to deliver long term water supply or construct joint facilities with a non-Signatory Member agency, they will first make a good faith effort to offer such supplies and/or capacities to Signatory Members (provide the right of first refusal). Such offers shall be made on a cost of service basis as established by separate IA. Signatory Members shall have 60 days to respond. c) Signatory Members agree that when entering into any agreement to deliver long term water supply or construct joint facilities with a non-Signatory Member agency in accordance with this JOA, they will include and collect for remittance to the SKCRWA a fee for reimbursement of the costs for development of the JOA as specified in Exhibit B. d) Regular meetings of the SKCRWA shall be the forum for making Signatory Members aware of discussions regarding water sales and joint projects, however all offers of participation or requests for participation shall be in writing with copies to other Signatory Members. D. Conservation - All Participants will develop and implement a conservation plan that is consistent with State guidelines. Additional or supplemental conservation requirements beyond basic programs may be included in a specific Interlocal Agreement. E. Curtailment - In general, curtailment for delivery of "firm water" shall be on a uniform percentage basis for both wholesale and retail customers and curtailment for delivery of "interruptible water" shall be on a "last in first out" basis as determined by the date of formal agreement. Specific curtailment requirements and provisions shall be included in Interlocal Agreements implemented under this JOA. F. Ouality - An objective of the Signatory Members is to maintain the quality of the water in the subregional facilities at or above the quality required by the State drinking water standards. The purchasing Participant will be responsible for ensuring water quality blending analyses and other water quality issues are resolved to their own satisfaction. The Signatory Members may meet periodically to ensure that water quality and operational issues are addressed, and that needed December 19,2000 4 information is exchanged in a timely fashion. The written results of these meetings will be circulated in a timely manner to all members and participants and reviewed at the annual meeting. G. Additional Facilities - Projected needs will be identified by the Participants based on the Participant's designated service areas. As five or more years may be needed to bring major new source capacity capabilities on line, five-year and ten-year forecasts are required, and must be updated whenever a Participant becomes aware of any significant change in their forecast demand. These will be discussed jointly as they arise, and reviewed at the annual meeting. H. Financin¢ - Each Project IA will include pertinent details of financing for that project. Financial participation in existing and additional facilities will be based on each Participant's projected need for each facility, as designated capacity rights. 1. Cost of Service Charge - The Signatory Members and Participants will establish wholesale water sales charges for both emergency and long-term supply that include: (1) capital cost, (2) fixed operating cost, and (3) a variable operating cost based on quantity of water delivered based on actual costs of providing the service. Fixed and variable operating and maintenance costs payments will be made monthly per meter and use rates. Projected annual rate adjustments and documentation shall be provided at the annual meeting. Any rate increase will be effective beginning January 1, of the following year. (1) The Rates and Charges for the capital, operation, and maintenance of the system shall be based on the following: (a) Capital Cost - Those construction related costs incurred for Capacity Rights. Capital Costs for facilities contracted solely for a specific project (described in an IA) are allocated based on designated capacity to be purchased. Capital costs shall include the debt service for each Participant. Such debt service shall be defined as the actual debt service on debt issued for the Participant's proportionate share of capacity rights, or if no debt is issued for the Participant's costs by the financing Participant, the amortized value at the interest rate of the most recent revenue bond issued by the financing Participant over 20 years. However, should all capital costs be paid in fiill by any Participant purchasing capacity rights prior to the time of the financing Participant incurring the costs, no interest charges shall be assigned to the Participant purchasing capacity rights. oowmnn 19,2000 5 Capital Costs associated with a supplying Participant's construction of their internal water system facilities may be included in the fixed and variable operating costs as appropriate, using cost of service principles, in the same manner as those costs are included in the supplying Participant's customer rate base. (b) Fixed Operating Cost - The cost of labor, supervision, supplies, utilities, services, taxes, insurance, and all other costs required to operate and maintain the system other than those items included under Variable Operating Cost. The operating cost will include an allocation for renewal and replacement. (c) Variable Operating Cost - Those costs directly proportionate to the volume of water produced, including chemicals, electric power, and other costs required to meet customer and system needs not included in(a) and(b) above. (2) Accounting Subregional facilities accounting shall be documented in accordance with generally accepted accounting practices acceptable to the Participants. 5. ADMINISTRATIVE,LEGAL AND 0TH9R PROVISIONS A. Each Signatory Member shall designate in writing their representative responsible for coordination and implementation of the JOA and the subsequent IAs. The designated individuals will be the primary contact for all project approvals and communication and shall prepare and publish a schedule and plan to facilitate the planning, design and day-by-day operation of facilities associated with the subsequent Lks. B. Signatory Members in good standing may propose Amendments to this JOA at any time. Signatory Members in good standing shall vote on proposed Amendments at the Annual Meeting. A quorum of Signatory Members present shall approve any Amendments to this JOA prior to their submittal to Signatory Members city councils and/or utility district boards for approval. A Special Meeting of the Signatory Members may be called for the purpose of amending this JOA by two thirds of the Signatory Members in good standing. C. A Signatory Member may withdraw from this JOA by providing 120 days notice to other Signatory Members. Notice shall be provided to each Signatory Member in writing and shall include the reason for withdrawal. oo=nber 19,2000 6 D. Any Signatory Member that withdraws from the SKCRWA also withdraws from this JOA. E. This JOA shall remain in full force unless terminated in writing by mutual agreement of all Signatory Members in good standing. Termination of the JOA or withdrawal by any signatory member shall not affect any Interlocal Agreements negotiated under a JOA- F. A Signatory Member who merges with any Agency which is not a Signatory Member of this JOA must withdraw from the JOA. The merged agency would then be allowed to reapply for Signatory Membership in the JOA as the merged Agency. IN WITNESS WHEREOF, the SKCRWA members hereto have caused this agreement to be executed by their proper Officers on the day of 199_ By: Title: City of Algona Date: Attest: By: Approved As To Form: By: By: Title: City of Auburn Date: Attest: By: December 19,2000 7 Approved As To Form: By: By: Title: City of Black Diamond Date: Attest: By: Approved As To Form By: By: C _ Title: 0, -�-� City ofAtent Date: Attest: By: Approved As To Form: By: A-S4. , qM., T G ITV A t+enNc< By: Title: Lakehaven Utility District Date: Attest: By: December 19,2000 8 Approved As To Form: By: By: Title: Soos Creek Water and Sewer District Date: Attest: By: Approved As To Form: By: By: Title: King County Water District#111 Date: Attest: By: Approved As To Form: By: By: Title: City of Pacific Date: Attest: By: Approved As To Form: Dommber 19,2000 9 By: By: Title: Date: Attest: By: Approved As To Form: By: By: Title: Date: Attest: By: Approved As To Form: By: December 19,2000 10 South King County Regional Water Association Joint Operating Agreement Exhibit A Check List for Interlocal Agreements 1. Project Title 2. General • List of Utilities to be parties to the Interlocal Agreement(IA)and approval of the appropriate city councils and/or water district boards. • Consistency with the Joint Operating Agreement(JOA). • Description of need for the project. • Listing of potential wholesale customers for the water in accordance with Section 4.0 of the JOA. • Recognition of assessment of costs associated with development of JOA in accordance with Section 4.B of the JOA. • Recognition of right of first refusal to excess capacity of Signatory Members of the South King County Regional Water Association(SKCRWA)in accordance with Section 4.0 of the JOA. • Recognition that rapacity and water rights are available to meet the needs of the IA. 3. Description of Project • Include a drawing(or description)which identifies all the facilities to be considered within the IA. Included within the description should be all jointly or solely owned facilities that are to be operated or paid for by a party to the IA. • Description of long tens ownership'of the facility. • Identification of the party responsible for operation and/or maintenance of the facility. • Identification of the parry responsible for payment for the design and construction of the facility. 4. Project Costs,Financing,Capacity Rights • Description of all project costs and the allocation to each party. • Definition of capacity rights for all facilities. • Definition of cost sharing for long-term maintenance for each facility. • Definition of method of reimbursement for moneys expended(if required). • Description of any applicable latecomer fees or hook-up charges. • Description of requirements for record keeping and monitoring of costs. 5. Project Design and Construction Management • Definition of overall project management responsibilities. • Definition of design and construction management responsibilities for individual facilities. • Description of basic periodic meeting schedule for review of project progress. December 19,2000 1 JOA Exhibit A—2000 6. Conditions of Service • Limitations to source sharing or delivery of water(if any). • Design criteria for the project facilities. • Minimum and maximum flow rates and pressures. • Items specifically excluded from the project. 7. Term of Duration of the Agreement • Discussion of the length of time the agreement is in effect as well as the method to terminate the agreement and succeeding agencies' obligations. 8. Amendments • Method by which the agreement could be amended. 9. Hold Harmless,Liability Language,etc. December 19,2000 2 JOA Exhibit A—2000 South King County Regional Water Association Joint Operating Agreement Exhibit 8 Computation of Charges Initial Computation based on 8 shares. $ 16,652 Cost to develop JOA (from Covington and WD 111). 8 $ 2,081 Initial "charge"for a share. Cost to the three participants of IA2. Covington and Auburn, three share $ 6,244 WD 111, two shares= $ 4,163 Final Computation based on 12 shares. $ 16,652 12 $ 1,388 Ultimate use charge Algona and Black Diamond, one share = $ 1,388 WD 111, two shares= $ 2,775 Auburn, Kent, Covington WD, Lakehven UD, Or Soos Creek W&SD, three.shares= $ 4,163 Reimbersement for Development and initial use (to Covington, WD 111,and Auburn) $ 16,652 Cost for development. Covington WD 111 Auburn $ 8,326 $ 8,326 $ - development cost $ 6,244 $ 4,163 $ 6,244 use charge IA2 $ 2,081 $ 4,163 $ (6,244) $ 2,081 $ 4,163 $ - recovery charge IA2 (Auburn) $ 6,244 $ 4,163 $ 6,244 $ 4,163 $ 2,775 $ 4,163 ultimate use charge $ 2,081 $ 1,388 $ 2,081 remaining reimb. $ 463 $ 463 $ 463 recovery charge IA3(Algona) $ 1,619 $ 925 $ 1,619 remaining reimb. JOA Exhibit B Fees-2000 December 19,2000