HomeMy WebLinkAbout4135 Resolution - ILA - 2022-2026 Hanford Communities RESOLUTION NO.4135
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN
ELIGIBLE LOCAL GOVERNMENTS TO REVIEW, EVALUATE, AND
MONITOR CONDITIONS AND OPERATIONS AT THE HANFORD
NUCLEAR RESERVATION (HANFORD) AND ESTABLISHING THE
HANFORD COMMUNITIES FOR THE YEARS 2022-2026.
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,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO,WASHINGTON:
Section 1. That the City Council of the City of Pasco approves the terms and conditions
of the Interlocal Agreement between Cities of West Richland,Kennewick,Richland,as well as the
Counties of Franklin County and Benton County and the City of Pasco; a copy of which is attached
hereto and incorporated herein by reference as Exhibit A; and
Be It Further Resolved, that this Resolution shall take effect immediately.
Resolution-2022-26 Hanford Communities ILA- 1
PASSED by the City Council of the City of Pasco, Washington this 3rd day of January
2022.
Mayor
ATTEST: APPROVED AS TO FORM:
��L ,� � �
Debra Barham, CMC Kerr F on Law, PLLC
City Clerk Cit torney
Resolution—2022-26 Hanford Communities ILA-2
AN INTERLOCAL COOPERATION AGREEMENT BETWEEN ELIGIBLE LOCAL
GOVERNMENTS TO REVIEW,EVALUATE,AND MONITOR CONDITIONS AND
OPERATIONS AT THE HANFORD NUCLEAR RESERVATION(HANFORD)AND
ESTABISHING THE HANFORD COMMUNITIES
� This INTERLOCAL AGREEMENT, effective the 1st day of January, i , is
hereby entered into by and belween the Cities of Richland, Kennewick, Pasco, and West
Richland, and the Counties of Benton and Franklin (hereinafter referred to as "Participating
Jurisdictions").
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 wnsequential 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 majoriry 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 such. To that end, the Participating Jurisdictions have
established and periodically renew this Interlocal Cooperation Agreement creating an
� 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
wntamination, 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
1. Eliaibilitv: Full membership in the Hanford Communities Interlocal is limited to the cities of
Richland, Kennewick, Pasco,and West Richland and the counties of Benton and Franklin.
Affiliate memberships are open to local government entities other than general purpose
governments.
2. Governin Board: The governing bodies of each Participating Jurisdiction shall identify
one (1) elected legislative representative from its governing body to serve on the
Governing Board of the Hanford Communities. Governing Board members shall focus on
addressing issues at the policy level and shall advocate positions consistent with the
annual Issue Agenda.
3. Administrative Board:The chief administrative officers,or designees,of the Participating
Jurisdictions shall constitute the Administrative Board of the Hanford Communities.
Administrative Board members shall address the day-to-day activities of the Hanford
Communities consistent with executing the policy decisions made by the Governing Board.
Operatinq Jurisdiction: � _ �. .
anforJ Cai�n�unit,es I ,The p[�er�t�nc J�nsd+�lior�s rules,
: ;,�iles::ethernise s �ificaR rovide�!fov hereir7. a Iv to the
a�S�ilinislratiL�e er�titv. Emplovees of lhe adminfsirative entity ar� ern�lovae�oi ttie
O eiatiR,^ Juriscf�ct�on which shali ra��ide all necessa su rt services. 4h`ith oversi ht
frJRl tl�e Adnirni5lrative $aard ttie Ot�eratinc Jurisd�ction shall adi�iii�ister Uze Hanf�r�
Conimirnities buti4at, from whsch authof�zcac proqram expenses shaN Ge rermbursed. Tli+_
(ip:,r.�I'n, fiI=' !�' liGrl I1_q�l��,,_I�r I 1�_ a f ' .5Y!_r -C! ti^1'.'�r;': ,':I '1'� ���r� ?t�•:�-, �,��r;F
�_ �� � . � i � 'COmmented[KHl]:Text of the fint emendment to the 2019-
I 2021 II.P.incorporated here.
4 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.
Hanford Communities Interlocal Agreement(2022-2026) Page 5
tll. ADMINISTRATION
1. Budaet Prevaration: The Operating Jurisdiction shall prepare a budget in accordance
with its budget cyGe based upon policies adopted by the Governing Board. The budget
shall be approved by the Governing Board of the Hanford Communities.
2. Fundin4: 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 Administrative Board.
3. Meetins�s:The Governing Board shall meet annually to approve the Hanford Communities
budget and Issue Agenda for the coming year, and other times as needed. The
Administrative Board will meet as needed, however, no less frequently than
each calendar year. Meetings of the Hanford Communities
Governing Board shall be subject to the Washington Open Public Meetings Act.
4. Disaute 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.
5. Liabilitv: 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, "` ��= �
a and shall continue through December 31, .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
I purposes of this Agreement shall � commentea[KHz�:�ro�a co�a�ri��s���uugri�e
entity.not a sepazate legal rntity.I[cannot legally own property.
7tiis suggestion can be modi6ed to reflec[any preferred split for
.Real and personal property owned by the Operating Jurisdiction and used to di�;ded ov,aecship.
service its contract with the Hanford Communities shall remain the property of the Operating
Jurisdiction. � ; . ... ����y Y f�,�,,�1�. .. - =ri_� _i ,_�_ �. ,_ ,i�;:o3
. .`,($`P�`t�F4t'f��S-''l�l@s�`"�`�FkfiFG,'� .,:�'�, oh..11 E�{d:.�._q ....rf .'e;:.�: }�. I.;ca
� . . . .. . ..�''ii�#'7@-6�{k0-36 ��`3�1� }h Sriti � 7t1 f'.'
. . :�.;},�,;,^ ^".��.—�$�,�,�, Commented[KH3]:This can't nappen beceuse Flanford �
Communities can't own property.
All documents,studies,and issue papers prepared for or on behalf of the Hanford Communities
I shall be available to Participating Jurisdictions and affiliates for all purposes.
The Washington Public Records Act shall comme�tea�Kr+a�:Toaaa��s�nere«�n8t�,eo�t�g
apply to such records for any request made by the public.The Operating Jurisdiction shall serve 1�sdictionisnotacityorcounty(andtfiereforenotbound6ythe
as the ublic records officer state's retention schedule),but the�ecords are public records tt�st
I p • haveto be maintaineA accordi¢gly.
Hanford Communities Interlocal Agreement(2022-2026) Page 5
VI. AMENDMENT
The Agreement may be amended upon written approval of a majority of the Governing Board.
VII. WITHDRAWAL
A jurisdiction may withdraw without penalty 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.
RICHLAND KENNEWICK
Mayor,City of Richland Mayor,City of Kennewick
Attest: Attest:
Richland City Clerk Kennewick City Clerk
Approved as to Form: Approved as to Form:
City Attorney City Attorney
PASCO WEST RICHLAND
Mayor,City of Pasco Mayor,City of West Richland
Attest: Attest:
Pasco City Clerk West Richland City Clerk
Approved as to Form: Approved as to Form:
Pasco City Attorney West Richland City Attorney
Hanford Communities Interlocal Agreement(2022-2026) Page 5
BENTON COUNTY FRANKLIN COUNTY
Chairman, Benton County Chairman,Franklin County
Board of Commissioners Board of Commissioners
Attest: Attest:
Clerk of the Board,Benton County Clerk of the Board,Franklin County
Approved as to Form Approved as to Form:
Benton County Civil Deputy Franklin County Civil Deputy
Prosecuting Attorney Prosecuting Attorney
Hanford Communities Interlocal Agreement(2022-2026) Page 5
AN INTERLOCAL COOPERATION AGREEMENT BETWEEN ELIGIBLE LOCAL
GOVERNMENTS TO REVIEW, EVALUATE, AND MONITOR CONDITIONS AND
OPERATIONS AT THE HANFORD NUCLEAR RESERVATION (HANFORD) AND
ESTABISHING THE HANFORD COMMUNITIES
This INTERLOCAL AGREEMENT, effective the 1st day of January, 2022, is hereby
entered into by and between the Cities of Richland, Kennewick, Pasco, and West Richland, and
the Counties of Benton and Franklin (hereinafter referred to as "Participating Jurisdictions").
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 such. To that end, the Participating Jurisdictions have
established and periodically renew this Interlocal Cooperation Agreement creating an
administrative entity 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
1. Eliqibilitv: Full membership in the Hanford Communities Interlocal is limited to the cities of
Richland, Kennewick, Pasco, and West Richland and the counties of Benton and Franklin.
Affiliate memberships are open to local government entities other than general purpose
governments.
2. Governinq Board: The governing bodies of each Participating Jurisdiction shall identify
one (1} elected legislative representative from its governing body to serve on the
Governing Board of the Hanford Communities. Governing Board members shall focus on
addressing issues at the policy level and shall advocate positions consistent with the
annual Issue Agenda.
3. Administrative Board: The chief administrative officers, or designees, of the Participating
Jurisdictions shall constitute the Administrative Board of the Hanford Communities.
Administrative Board members shall address the day-to-day activities of the Hanford
Communities consistent with executing the policy decisions made by the Governing Board.
4. O�eratinq Jurisdiction: The Operating Jurisdiction may be one of the Participating
Jurisdictions or a third-party qualified to carry 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 herein, apply to the
administrative entity. Employees of the administrative entity are employees of the
Operating Jurisdiction, which shall provide all necessary support services. With oversight
from the Administrative Board, 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 participants of this Interlocal Agreement.
5. 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.
Hanford Communities Interlocal Agreement(2022-2026) Page 5
III. ADMINISTRATION
1. Budaet Prenaration: 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.
2. Fundinq: 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 Administrative Board.
3. Meetinps: The Governing Board shall meet annually to approve the Hanford Communities
budget and Issue Agenda for the coming year, and other times as needed. The
Administrative Board will meet as needed, however, no less frequently than biannually
each calendar year. Meetings of the Hanford Communities Governing Board shall be
subject to the Washington Open Public Meetings Act.
4. Dis ute 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.
5. Liabilitv: 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 1 st day of January, 2022 and shall continue through
December 31, 2026. 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 owned by and between the Participating Jurisdictions in the
same ratio as their percentage of contribution is to the annual budget. 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.
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. The Operating
Jurisdiction is responsible for maintaining Hanford Communities' records consistent with state
law for retention of public records, Ch. 40.14 RCW. The Washington Public Records Act shall
apply to such records for any request made by the public. The Operating Jurisdiction shall serve
as the public records officer for Hanford Communities.
VI. AMENDMENT
The Agreement may be amended upon written approval of a majority of the Governing Board.
Hanford Communities Interlocal Agreement (2022-2026) Page 5
VII. WITHDRAWAL
A jurisdiction may withdraw without penalty 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.
RICHLAND KENNEWICK
Mayor, City of Richland Mayor, City of Kennewick
Attest: Attest:
Richland City Clerk Kennewick City Clerk
Approved as to Form: Approved as to Form:
City Attorney City Attorney
PASCO WEST RICHLAND
Mayor, City of Pasco Mayor, City of West Richland
Attest: Attest:
Pasco City Clerk West Richland City Clerk
Approved as to Form: Approved as to Form:
Pasco City Attorney West Richland City Attorney
Hanford Communities Interlocal Agreement(2022-2026) Page 5
BENTON COUNTY FRANKLIN COUNTY
Chairman, Benton County Chairman, Franklin County
Board of Commissioners Board of Commissioners
Attest: Attest:
Clerk of the Board, Benton County Clerk of the Board, Franklin County
Approved as to Form Approved as to Form:
Benton County Civil Deputy Franklin County Civil Deputy
Prosecuting Attorney Prosecuting Attorney
Hanford Communities Interlocal Agreement(2022-2026) Page 5