HomeMy WebLinkAboutHanford Communities 2010-2014 InterlocalC1 13-09
AN INTERLOCAL COOPERATION AGREEMENT BETWEEN ELIGIBLE LOCAL
GOVERNMENTS TO REVIEW, EVALUATE, AND MONITOR CONDITIONS AND
OPERATIONS AT THE HANFORD NUCLEAR RESERVATION (HANFORD)
THAT DIRECTLY AFFECT THESE
"'HANFORD COMMUNITIES"
This INTERLOCAL AGREEMENT effective the 1St day of January,
2010, by and between the City of Richland, City of Kennewick, City of
Pasco, City of West Richland, and Benton and Franklin Counties
(hereinafter referred to as "Participating Jurisdictions") enter into this
Agreement.
WHEREAS, the Interlocal Cooperation Act, RCW 39.34 allows public agencies
to make the most efficient use of their powers by enabling them to cooperate with each
other on the basis of mutual advantage to provide services and facilities that will best
meet the needs of each community; and
WHEREAS, environmental contamination at Hanford and the U. S. Department
of Energy's consequential environmental remediation and waste management activities
impose numerous health, safety, and socio-economic impacts on the well-being of the
residents of Richland, Kennewick, Pasco, West Richland, and unincorporated portions
of Benton and Franklin Counties; and
WHEREAS, the vast majority of those who work at Hanford live in and around
the Cities of Richland, Kennewick, Pasco, and West Richland; and the counties therein;
and
WHEREAS, although each jurisdiction fully reserves the right to pursue its own
interests with regard to Hanford, through joint utilization of personnel and other
resources these jurisdictions are desirous of entering into a program to review, evaluate
and monitor conditions at Hanford and policies, programs and operations of the
Department of Energy (DOE) and others in regard to Hanford,
NOW THEREFORE, in consideration of the mutual covenants contained herein,
it is agreed in accordance with the provisions of RCW 39.34.030 as follows:
I. PURPOSE
The purpose of this Agreement is to make available jointly to the Participating
Jurisdictions technical, analytical, and other resources to review, evaluate and monitor
conditions at Hanford such as cleanup, workforce and community transition.
Information will also be made available regarding policies, programs and operations of
the DOE and others with regard to Hanford, and to enhance citizen understanding of
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Interlocal Agreem ent
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such. To that end, the Participating Jurisdictions establish this Interlocal Cooperation
Agreement creating an organization to be known as the "HANFORD COMMUNITIES"
to:
1. Coordinate efforts concerning Hanford activities and issues requiring local
government interaction or participation between the Hanford
Communities, the DOE, local, state, and national agencies;
2. Interact with the DOE, the Washington State Department of Ecology, the
U. S. Environmental Protection Agency, and others regarding Hanford
environmental contamination, remediation, waste management, response
to emergencies, and work force and site transition issues;
3. Evaluate reports, findings, and recommendations regarding ongoing,
planned and possible cleanup and waste management activities at
Hanford, including actual or potential environmental and socio-economic
impacts on the Hanford Communities or individual Participating
Jurisdictions;
4. Prepare special studies, assessments, surveys, and related efforts
regarding Hanford for the use of the Hanford Communities or individual
Participating Jurisdictions and/or to further public information and enhance
citizen understanding of Hanford -related issues; and
5. Prepare and issue position papers, give testimony, and sponsor other
activities designed to inform the public about environmental, waste
management, emergency management, and site transition activities; and
6. Prepare and present issue papers and sponsor activities in support of
workforce and community transition issues.
II, ORGANIZATION
A. Eligibility: Full membership in the Hanford Communities Interlocal is limited to
the cities of Richland, Kennewick, Pasco, West Richland and Benton and
Franklin Counties.
Affiliate memberships are open to local government entities other than general
purpose governments. Affiliate members will not have voting seats on the
Governing or Administrative Boards
B. Governing Board: The governing bodies of each Participating Jurisdiction shall
identify one (1) elected legislative representative from its governing body to the
Governing Board of the Hanford Communities.
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Interlocal Agreement
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C. Administrative Board: The chief administrative officers, or designees, of the
Participating Jurisdictions shall constitute the Administrative Board of the
Hanford Communities.
D. Operating Jurisdiction: One of the Participating Jurisdictions shall be
designated as the Operating Jurisdiction and assigned responsibilities for
carrying out the items enumerated in Section I, "Purpose," on behalf of the
Hanford Communities. The Operating Jurisdiction's rules, regulations, and
ordinances, unless otherwise specifically provided for, apply to the Interlocal.
Employees of the Interlocal are employees of the Operating Jurisdiction, which
shall provide all necessary support services. The Operating Jurisdiction shall
administer the Hanford Communities budget, from which authorized program
expenses shall be reimbursed. The Operating Jurisdiction shall provide these
reimbursed services at no administrative charge to the Interlocal.
E. Officers: There shall be a Chairperson and Vice -chairperson for the Governing
Board and the Administrative Board, respectively. The Chairperson and Vice -
chairperson shall be elected from among the membership of each board to serve
one-year terms effective January 1 of each year.
III. ADMINISTRATION
A. Budget Preparation: The Operating Jurisdiction shall prepare a budget in
accordance with its budget cycle based upon policies adopted by the Governing
Board. The budget shall be approved by the Governing Board of the Hanford
Communities.
B. Funding: Funds necessary to carry out this Agreement shall come from
Participating Jurisdiction assessments and federal, state, and other grants.
Assessments shall be based on a funding formula approved by the Hanford
Communities Governing Board.
C. Meetings: The Governing Board shall meet annually to approve the Hanford
Communities budget and work program for the coming year, and other times as
needed. The Administrative Board will meet as needed, however, in no event
less frequently than quarterly during each calendar year. Meetings of the
Hanford Communities Governing Board shall be subject to the Washington Open
Public Meetings Act.
D. Dispute Resolution: Disputes between or among the Participating
Jurisdictions and affiliated members regarding the breach, interpretation or
enforcement of this Agreement shall be first addressed by the parties in a good
faith effort to resolve the dispute. Any remaining disputes shall be resolved by
binding arbitration in accordance with RCW 7.04A and the Mandatory Rules of
Arbitration.
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Interlocal Agreement
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E. Liability: To the extent any liability exceeds the insurance coverage of the
Operating Jurisdiction, each remaining Participating Jurisdiction shall be jointly
liable for the balance of claim in the same ration as their percentage contribution
is to the annual budget.
IV. DURATION OF THE AGREEMENT
This Agreement shall be effective the 1St day of January 2010 when signed by
the Participating Jurisdictions and shall continue through December 31, 2014. The
term of this Agreement may be extended thereafter with the written approval of the
Participating Jurisdictions.
V. OWNERSHIP OF PROPERTY
All property, real and personal, acquired with Hanford Communities funds to
carry out the purposes of this Agreement shall be the property of the Hanford
Communities. Real and personal property owned by the Operating Jurisdiction and
used to service its contract with the Hanford Communities shall remain the property of
the Operating Jurisdiction. In the event any property becomes surplus or upon partial
or complete termination of this Agreement, property of the Hanford Communities shall
be sold and the proceeds shall be divided between the Participating Jurisdictions in the
same ratio as their percentage of contribution is to the annual budget.
All documents, studies, and issue papers prepared for or on behalf of the
Hanford Communities shall be available to Participating Jurisdictions and affiliates for
all purposes, and shall constitute a public record pursuant to Title 42.5 6 RCW upon its
public citation in connection with any action of Participating Jurisdictions or affiliates.
The Operating Jurisdiction shall serve as the public records officer.
VI. AMENDMENT
The Agreement may be amended upon written approval of the authorized
representatives of the Governing Bodies of a majority of the Participating Jurisdictions.
VII. WITHDRAWAL
A jurisdiction may withdraw from this Agreement effective December 31 of any
year, provided written notice is given to the Administrative Board no later than the
preceding June 30. y
200 , 2009
yor John Ma o ak
City of Richland City of Kennewlc <
Hanford Communities
Interlocal Agreement
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IZ , 2009 , 2009
Ma rte Olson Mayor Dale Jackson
Cit ofco City of West Richland
Chairman Max Benitz
Benton County Boaro
mmissioners
2009It -3 t - , 2009
Chairman Rick Miller
Franklin County Board of Commissioners
1 , 2009
y thia D. Johnson
Ri . hland City Manager
APPROVED AS TO FORM
�-- October 27, 2009
Thomas O. LampsorY
City Attorney