HomeMy WebLinkAbout1977-07-05; City Council; Resolution 51391
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RESOLUTION NO. 5139
A RESOLUTION OF THE CITY COUNCIL OF THE
A JOINT POWERS AGREEMENT TO ESTABLISH THE
SAN DIEGO REGION WATER RECLAMATION AGENCY
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT.
CITY OF CARLSBAD, CALIFORNIA APPROVING
The City Council of the City of Carlsbad, California, does
.ereby resolve as follows:
1. That that certain joint powers agreement to establish
.he San Diego Region Water Reclamation Agency, a copy of which is
ittached hereto marked Exhibit "A" and made a part hereof, is
iereby approved.
2. That the Mayor of the City Of Carlsbad is hereby authorized
md directed to execute said agreement for and on behalf of the
:ity of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
:ity Council of the City of Carlsbad, California, held on the
5th day of July , 1977 by the following vote, to wit:
AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and
NOES : None Councilwoman Casler
ABSENT: None
ATTEST :
(SEAL )
A
EXHIBIT A to
Resolution No. 473 9
. 3/30/77 *
JOINT POWERS AGREEHENT CREATING
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SAN DIEGO 'REGIOS WATER
RECTANATION AGENCY
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RECITALS 1
AG RCEME NT
ARTICLE I : CREATIO:?, POWERS AND PURPOSES
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Section 1. Agency Created 2
Section 2. Common Posders And Purposes of
Agreement . 2
2.1 Common Powers 2
2.2 Purposes of Agreement 2
2.3 General Powers 3
ARTICLE XI : &EMBERSHIP I1.I AGENCY #
Section 3, Membership 4
Section 4 , Withdrawal Of fslcnibersliip 4
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Section 5. Non-X-iurtber Participants 5
ARTICLE 111: BOARD OF DIRECTOXS &dD OFFICERS 5
Section 6. Board of Directors 5
Section 7. Designation Of Directors 5-
Section 8. Principal 'Office 6
Section 9. Meetings Of Board
Section 10, Quorum Of Board
Sectibn 11. Voting Of Board -
Section 12, Officers 7
4 12.1 Chairperson 7 ..
12.2 Vice Chairperson .7
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12.3 Secrctary 7
12.4 Treasurer 8
12.5 Auditor 8
Section 13. Official Donds
ARTICLE IV : ~~IANAG~i-IEIJ'L" CC;:*II.iITTEE
Sectiori 15. hianageiacrit Connittee
Section 16.
Section 17. Keetings ),Of Committee
Purpose Of P,lanagcnent Cormittee
Section 18. Quorum Of Committee
. a Section 19. Voting Of Conmittee
Section 20. Officers Of Committee
ARTICLE V: EUDGETS AND ASSZSSI4ENTS
Section 21.
Section 22.
Section 23.
fa)
(b)
Section 24.
Section 25,
Section 26.
Section 27.
Section 28.
Section 29.
Section 30.
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General Budget
Project Budgets
Faiiure Of Approval Of Budget
General Budget
Project Budget
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Expenditures For Approved Budget
Payment Of hrnounts Due
Reimbursement Of Funds
Assessinent Procedure
First Assessment
Accounting Procedures
Fiscal Year .
Section 31. Allocation On Books
Section 32. Distribution On Ternination
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Of Agency
Paqc
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TABLE OF CO;UTC:\:’f’S (cont iiiu~d 1
Section 34. Term
Section 35. mendmend
Section 36. Rescission Or Termination
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* This agreement is made and entered into by and between
the parties signatory hereto, anf is effective July 1, 1977.
A. The parties to this agreement are public agencies
authorized and empowered to coptract for the joint exercise
of powers under Article 1, Chapter 5, Division 7,-Title 1
(conunencing with Section 6500) of the Government Code of the
State of Californis, (hereinafter referred to in this agreement
,as "the Act").
B. There is a need to c'onduct studies of means of
water reclanation and to establish a coordinated water
reclamation study center to zdvance the technology of water
reclxnation, water management and the reuse of waste water
for the benefit of each of the parties hereto. The parties
can best accomplish that purpose in the manner set forth in
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this agreement.
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NOW, TIIEZPORE, for and in considercition of tlic mutual
promises and covenants herci:I contained, the partics hereby
agree as follows:
ARTICLE I : CRZATIOX, Po;;".~ AI^ PURPOSES -
Section 1. Agency Created. Thexe is hereby created a
h pilblic entity to be knowrr as the "SAlJ DIEGO FEGION WATER
RECLAMATION AGENCY"
as the "Agency").
(hereinaf kcr referred to in this agrecrncnt
The Agency is formed by this agreement
pursuant to the provisions of the Act, ar.d it shall be a
public entity separate ar,d apart fro2 thc parties hereto.
Section 2.
2.1. Co:nmon Powers. Each party hereto has in commor?
CoLnnon Poxers And Purposes Of Agreement
the power to acquire, construct and operate facilities for
the collection, treatment and disposal:of sewage and other -
waste products including the reclamation of waste water, and
have the power and authorization to make necessary and
incidental studies and investigations, to contract for and
to own, lease, construct and operate works and facilit'ies in
connection therewith.
2.2. Purposes Of Agreement. The object of this agreement -
is to exercise said powers for the following purposes:
to jointly study the nethods and technology of water reclamation,
water management and the reuse of waste water; (2) to establish
(1) -_
one or more centers for the conduct of such studies; (3) to
experiment, test and apply in an operational setting .
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aclvanccd tcxhniqucs for the rcc:lznation and reuse of water;
and (E,) to develop water rcclnmation plans and programs
that may be adopted by thc parties hereto for usc and appli-
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cation within their respective jurisclic tions.
2.3. General Powers. ~hq Agency shall have the powers
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cormon to the parties set forth in Section 2.1 hereof as
limited by this agreement. The Agency is hereby authorized
in its own name to do all acts. necesszry, convenient or
appropriate for the exercise of said cormon poxer including
any or all of the folloxing:
(a) to exercise jointly the conmon powers of its
members set forth above;
(b) to make and enter into contracts, including
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agreements with one or more of the parties hereto and
with other public agencies;
(c) to employ agents and employees;
(d) to contract for the services of enghecrs, attorneys,
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financial consultants aiid such sthe:-
deems necessary;
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perscr~s as it
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(e) to acquire, construct, manage, maintain and operate
any buildings , works or improvements ;
(f) to acquire, hold and dispose of property;
(9) to incur debts, liabilities or obligations;
(h) to sue and be sued in its own name;
(i) to apply for appropriate grant or cjrmts undcr any
federal, statc or local program for zssistance in
carrying out the purposes of this agrecmcnt;
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to rccme. gifts, contributions e donations of
property, funds, services and other forms of assistance
from any person, firm, corporation or governmental
entity, provided that any such gifts, contributions or
donations are consented to by the Agency.
(k)
mitted by law.
Such powers shall be exercised in the manner provided
to invest money of the Agency in investments per-
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in the Act, and, except as expressly set forth herein, shall
be subject to the restrictions on the manner of exercise
such powers as are imposed upon a municipal water district
in the exercise of similar powers.
ARTICLE XI: HEXBEEISHIP Iri AGENCY
Section 3, Membership. The members of the Agency
.' shall be each public agency which has executed or hereafter
shall execute this agreement, and any addenda, aiiendment or
supplement thereto, and which has not, pursuant to the
provisi-ons hereof, withdrawn therefrom in the manner provided
in this agreement, A public agency that has as its govern&cj
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,body the Board of Stqervisors of the County of San Diego
shall not be cligible*to become a separate member of the
I Agency; however, the County of San Diego, acting on behalf
of itself and of said public agencies, may become a single
member of the Asency, in the manner provided in this section, I
Section 4. Withdrawal Of Membership. Any member of
the Agency shall have the right to withdraw its membership
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upon serving written notice -of intc.nti.or. thereof on all
other ncmhers on or bcforc I*iay 1 of any ycar, effective on
July 1 following, provided, howcver , that no withdrawal
shall relieve the withdrawing public agency from financial.
obligations theretofore incurred by it hereunder, nor shall
withdrawal deprive such former dember of any right to continue
participation, to the extent feasible, as to any project for
which. it is financially obligated.
. Section 5. Non-1-lenber Participants. The Board of -
Directors may provide for the participation of other affected
agencies as non-voting participants on such terms and
conditions as it may establish,
ARTICLE 111: BOARD OF DIRECTORS AKD OFFICERS
Section 6. Board Of Directors. The governing body of
the Agency shall be know3 as the "BszrZ of Directors r,f the
San Diego Region Water Reclamation Agency," (hereinafter
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referrec? to in ,- . Ll?IS. agreement as "the board") . The powers
and functions of the Agency shall be exercised -._ - _. 5:: and through
the board, and all voting powers shalf. reside in the board.
Section 7., Designation Of Directors; Each member of
the Agency shall designate and appoint, by resolution of its
governing body, one person to serve on the board, and said
person shall be an elected official of the member of the
Agency. Each member of the Agency shall also designate and
appoint, by resolution of its governing body, one altcrnatze
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director wlio shall )IC an elccteci offic.i.al of the member of
the Aycncy 2nd who nay assumc all rigilts and duties of the
director appohtcd by the ncnbcr of the Agency vihcn said
director is absent. Each director and alternate shall hold
office at the pleasure of the governing body of the appointing
member, and may be removed at any tine, with or withoat
cause, in the sole discretion of said member's governing
body.
Section 8. Princip2.l Office. The principal office of
the Agency shall be established by resolution of the hoard
in the County cf San Diego. The board nay change by resolution
. said principal office from one location to another-in the
County of San Dieyo.
Section 9. Meetings Of Board. The board shall meet at
least semi-annually at silch tines 2s it nay Zetc-rxine.
date, hour and place of holding of regular meetings shall be
fixed by resolution-02 the board.
The
All meetings of the
board, including rcgulzr, adjoilnei: regular. izd .s?ccial
meetings, shall be called, noticed, held and conducted in
accordance with the provisions of the Ralph b?. Brown Act
(coimencing with Section 54350 of the Government Code) . ..
Section 10. Quorun Of Board. A niajority of the directors
shall cons.titute a quorum for the transaction of business.
Section 11. Voting Of Board. Each director shall have
one vote, and thc vote of a majority of the directors prcscnt
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at any meeting @tended by a quorum necessary to
determine any motion, proposition or resolution presented,
A director shall not be disqualified from participating in a
decision or voting upon a contract, lease or other transaction
with the member of the Agency which appointed him to the board.
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Section 12, Officers.
12.1. Chairperson. The bbard shall elect one of its
members as Chairperson. The Chairperson's term of office
shall .be one year or until a successor qualifie's and takes
office. The Chairperson of the board shall preside at its
meetings and shall perfom such other duties as are specified
by the board, The Chairperson may be removed at any time and
without cause by a majority of the total membership of the board,
12.2. Vice Chairperson. The board shall elect one of
its meiitbers as Vice Chairperson.
of office shall be one year ox until a successor qualifies
and takes office. The Vice Chairperson shall perform all
the duties of the Chairperson in the absence of the Chairperson
or in the-event of the Chairperson's inability to perform such
6uties.
without cause by a majority of the total membership of the board.
The Vice Chairperson's term
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The Vice chairperson may be removed at any time and
.12.3. Secretary. The Secretary of the Agency shall he
appointed by the board and shall serve at the pleasure of
the board, The Secretary shall not be a member of the
board, The Secretary shall be responsible for the minutes
and other records of the proceedings of the board and shall
pcrform sucli other ilutics as' arc specified by the board.
12.4. - Trcasurcr. .------- The TL-casurcr of the Agency shall bc
the Treasurer of Padre Dm MunicipaI tI(2tcr District serving
ex officio 2s Treasurer of the rigcncy. Thc Treasurer shall
have custody of all oE the mo:?cy and funds of the Agency,
from whatever source, and shall: h
(a)
and place it in the Padre I)am Municipal Water District
receive and receipt for all money of the Agency
treasury to the credit of the Agency;
(b) be responsible upon his or her official bond for
the safekeeping and dfsbursezent of all. F.gency moneys
so held;
(c)
money, or any portion thereof, upon warrants of the
Auditor of the Agency; t
pay any sums due fron the Agency from Agency
(a) verify and report in writing on the first day of
July, October, January and April of each year to the -- --
Agency and to each membcr of the Agency the mount of
money he or shs k:olds for the Agency, the amount of --- __
receipts since his or her last report, and the amount
paid out since his or her last report; and
(e) perform such other duties as are specified by the
board or as may be required by law.
12.5. Auditor/Controller. The Auditor/Controllcr of the
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Agency shall be the Auditor of Padre Dam Municipal Water
District serving e>t. officio as Auditor/Controller of the
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Aycncy . The Au~~itor/Con~roller shall. establish arid maintain
such accounts.. books and records as may be required by good
accounting practice and he or she slml.1 perform such other
duties as are specified by the board. There shall be strict
accountability of all funds and reports of all receipts
disbursed.
shall be opened to inspection at all reasonable times by
The accounts, books and records of the Agency
.representatives of any rnember of the Agency and by members
of the public. The Auditor/Controller shall draw warrants
to pay dcmands against the Agency in accordance with pro-
and records of the Agency. The minirtium requirements of
audit shall be those prescribed by the State Controller
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special districts under SectCon 26909 of the Government
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the
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Code
and shall conform t=, generally accepted accounting standards.
A report thereof shall be filed as public records with each
of the members of the Agency, with the County Auditor of the
County of San Diego and with any other county auditor of any
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county in which any inember of the Agency is located.
reports shall be filed within 12 months of the end of the
Such
cedures approved by the board.
signed by such officers or members of the board as the board
may designate. The Auditor/Controllcr , wit11 the approval of
the board, shall contract vith a certified public accountant
or a public accountant to make an annual auhit of the accounts
Said warrants shall be
fiscal year under examination.
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Section 13. Official Bonds. The public officcrs -- ---
herein dcsignatcd as the persons rcsponsib1.c for any moncyr;
of the Aycncy , to wit, the Auditor/Contrcllc~r and ?'rc;lsulrcr, -
are hereby also designated as the persons responsiblc for
all other property of the Agency. The Auditor/Controller
shall file an official bond in the. amount of $10,000, and it
the Treasurer shall file an official bond in the amount of
$10,000. Any officer designated by the board to sign warrants
of the Agency shall file an official bond in the aincunt of
$10,000. All bond premimis shall be paid by the Agency.
ARTICLE IV : IWSAGET4ENT COT*V.lITTEE
Section 15.
have a Management
shall be entitled
Management Committee. The Agency shall
Committee. Each member of the Agency
to one representative on' the coxmittee.
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Each member of the Agency shall be extitied to designate an6
appoint an alternate representative on the comittee who may
assume all rights and- duties of 'the representative appointed
by the rrember of the Agency wher! said re;zeszntative is
absent. c
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Section 3.6'- Purpose Of Management -Committee: The
purpose of the Management Coninittee shall bc to review
proposals, to advise and make recommendit ions to the board
and to perform such other functions as ~ay be dctcrmined by
the board.
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Section 17. Meetings Of Comini.ttce. The Managen:cnt ----
Co:rJi:j.ttcc sliall meet at least quarterly at such times as. it 4
may dctcrminc. Thc date, hour and place cf: holding of
regular niectincjs shall be fixed by resolution of the committee,
a All meetings of the committee, fncludiiig regular, adjourned
regular and special meetings, shall be called, noticed, held
and condfuctcd in accordance with the provisions of the
Ralph 14. Brown Act (commencing with Section 54950 of the
Government Code).
Section 18. Quorum Of Comiittee. A majority of the
members of the Hanagement Committee shall constitute a
quoru:i for the transaction of business.
Section 19. Voting Of Connittee.. Each member of the
Managcment Committee shall have one vote, and the vote of a
majority of the members of the comtittee present at any
meeting attended by -- a-quorm shall be necessary to determine
a motion, proposition or resolution presented. -- - - -
Sect ;.on 20. Officers Cf Committee. The Management.
Committee shall, elect one of its members as Chairperson, and
may elect one of its persons as Vice Chairperson. The
Secretary of the Agency shall be the Secretary of the Management
Conunittee, and shall be responsible for the minutes and
other records of the procccdings of the conmittee.
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Sccti.on 23.. General 131;c?yc"t - -- Annually, and no later
than February I cjf each year, the board shall adcpt a general
budget for the ensuing fiscaA year, The budget shall be
prepared in stlfficient detail to constitute an operating
oucline of the funds needed and the expenditures to be made
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during the ensuing year for those administrative, study and
work projects of general benefit to all members of the
Agency; however, the board may, in its discretion, transfer
funds and adjust expenditurss during the year so loag as the
total sm authorized to be expended is not cxceeZ5d. The
budget shall also set forth the contributions to Se mzde by
each member of the Agency. The budget shall be ado2ted and
allocated for assessment by a najority'of the voting po~err
of the board in attendance, but shall be subject to the
approval of the members -- of the Agency as hereinafter provided. --
Section 22, Project Budgets. In addition to the
. - ~ gen'eral budget, the SGard xtigy prepare one or more project
budgets at any time for the study, implcmentation.or con-
struction of an$ specif ic project belief iting less than all
of the members of the Agency. Upon approval by the board of
a' project budget, including the contributions to be made by
each agency benefitted, it shall bc submitted to each benefitted
member that is to be obligated for the payment of any amount
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thc!rcd:~dcr.
projcct ur.ti.1 thc project hudgct has been approved by each
of thc proigscd pirticipating mcnhers.
ri’hc iiycncy shall not incur any cxpcnsc. for the
In the evcnt a
project is not approved, the cost of preparing the budget
shall be divided among the propoged ti participating members ‘in
accordance with the proposed allocatioil of the total project
cost.
Section 23. Failure Of Approval Of Eudyct.
(a) General Budget. If, after 120 days from the first
submission of a general budget, it is riot approved by all
menbers of the Agency, the consenting nenbcrs may treat the
refusal of a member as a request for withdrawal from the
Agency.
the nonconsenting membef 30 days prior written notice,
proceed with the adoption of a revised budget, and the
nonconsenting member shall not be obligated for future debts
of the Agency nor shall it receive any future benefits
therefrom. -2
The consenting members may thereafter, upon giving
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(b) Project Budget. If, after 120 days from the first
I submission of a project budget, it is not approved by all of -
the proposed participating members, the consenting members
may treat the refusal of a member as a request for withdrawal
from or nonparticipation in the project.
members may thereafter, upon giving the nonconscnting
The consenting
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mcinbcr prior written notice, proceed wit11 the adoption of a
xcyriscxi budgc?t for the project, and the nonconscnting nem?wr 4
shall not. be obli.gated. for any future dcb+s of the project,
nor shall it receive any future benefits therefrom.
Section 24. Expenditures For Approvcd Budget. All
expenditures within the designations and limitations of an
approved general or project budget shall be made'in the
manner authorized by the board for a general budget expenditure
or by a majority of the directors of the participating
rneinbers for a project busget expenditure. The total sum authori-
zed to be expended by the budget shall not be exceeded
witholit the unanimous consent and approval of all of the
directors representing the members affected by the budget
under consideration. Such consent and approval may be given
in writing by any director that may be absent from a meeting
called for the purpose of considering such excess expenditure.
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Section 25. Payment Of Amounts Due. Amounts required
to be paid by any nenber shall be due and-sayable 45 days
after receipt of a billing from the Agency.
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Section 26. Reimbursement Of Funds. Grant funds
received by the Agency fuom,any federal, state or local
agency to pay for budgeted expenditures for which the Agency
has received all or any portion of said funds from its
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I:iCr::?,cr:; for thc funds contributed to the Agency for the
purpo:;c for whick. grant money had been received I
Section 27. Assessgent Procedure. General budgets
shall be all-ocated and assessed qs therein set forth.
project budget shall contain a schedule of assessnents to
individual participating mercbers of the Agency, and said
Each
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asscssncnts in an aggregate shall be in an amount sufficient
to provide for all expenditures budgeted. The budget nay
provide for the contribution 04 personnel, equipment or
property by certain members in lieu of monetary assesszents.
Approval of any general budget or project budget by a mernber
shall constitute agreement by such member to pay said assessment
or contribute said personnel, equipment or property, conditioned
only on-the approval thereof by all other mcntbers to whox
assessments or contributions were allocated. -- ..-
Section 28. First Assessment. Within 45 days after
the effective date of this Ggreeiaent , each--pzrticipating
member shall pay to the Agency the suh of $1,000 plus an
amount equal to $100 for each 100,000 gallons, or increnent
thereof, average daily sewage flow of the participating
member during the month immcdi ately prior to the executior,
of this agreement. -
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(For example, if a member's average
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daillr ..;cw~~;c? flow is 1.7 m.g.d., it would pay $).,OD0 plus
$1,700 for a total of $2,700; if the flov js .6 m.g.d.,
total p;ipcrit would be $1, GOO. )
a participating member that has an average daily sewaqe f’low
of in excess of 10 million gallons per day shall match the
total contributions of all other menbers; if more than one
participating member has an average daily sewage flow in
Notwithstanding the foregoing, . *
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excess of 10 million gallons per d3y, such menbers shall
jointly match the total contributions of all other members
by paying an equal portion of said total.
the total payinents of members with average daily flow of
(For ex&.?ple, if
less than 10 m.g.d. is $40,000, the payvent of a nextber with
a flow more than 10 m.g.d, would be $40,000; if there are
two such members, each would pay $20,300.) For the purposes.
of this section, if the County of Szn Diego is a participating
member, its average daily sewage flow shall be the total of
the average daily seiqage flow of all agencies for which the
San Diego County Board of Supervisors zcts-as the governing
board.
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Section 29; Accounting Procedures. Full books and
accounts shall be niaintained for the Agency in accordance
with practices established by or consistent with those
utilized by the Controller of the State of California for
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like public entities. In particular, the Auditor’and
Treasurer shall comply strictly with the requirements of the
statute governing joint powers agencies.
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Section 30. Fiscal YcGr. - The fiscal year of the
Agency shall commence on July 1 and end on June 30 of the
following year unless changed by the board.
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ARTICLE VI : PROEFERTY RIGKTS
Section 31. Allocation On Books. To the extent that .,
any funds received from any member of the Agency arc used
for the acquisition or construction of assets, the sanie
shall be allocated annually on the books of the Agency to
the credit of said contributing member.
Section 32. Distributeion On Termination Of Agency.
Upon termination or dissolution of the Agency herein created,
the assets in possession of the Agency at such time shall be
distributed in kind or sold and the proceeds thereof distributed,
along with other surplus moneys, to the members of the Agency
at the time of the termination as their interests appear on/ .
the books of the Agency.
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. Section 33. Liabilities. Any liability incurred by
1 the Agency during the course of its existence shall be
discharged by each of the parties hereto in proportion to
their contribution or approved participation in the contract, ..
undertaking or facilities of the Agency for which the
liability is attributable. If there are any other liabilities
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which cannot be so allocated, they shall be discharged at
the end of the term hereof by equal contribution made by
each of the parties hereto. In accordance with Section
6508.1 of the Government Code, except as otherwise provided
in this agreement, the debts, l$abilities and obligations of
the Agency shall be the debts, liabilities or obligations of
.the Eqency alone and not of the parties to thjs agreement.
Section 34. Tenn. The Agency shall continue until
this agreement is rescinded or terminated as herein provided.
Section 35. Amendment. This agreeqent may be amended
by the affirmative vote of two-thi,rds of the members of the
Agency, provized that any arnendment adopted by less than
unaniiious consent of the parties hereto shall not be effective
until any member dissatisfied therewith has had reasonable
opportunity to withdraw from the Agency in accordance with
Section 4 hereof.
Section 36.- Rescission Or Termination. This agreement
may be rescinded and che Agency terminated by written
consent of all members, provided that adequate provision has
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been made to discharge the liabilities ?f the Agency.
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