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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:
Board of Commissioners
Philip Morley, County Administrator
FROM:
David Alvarez, Chief Civil DP A
DATE:
April 26, 2011 for Agenda of May 2, 2011
RE:
Hood Canal Coordinating Council (or "HCCC")
InterlocaI Coooperation Agreement
STATEMENT OF ISSUE:
As you will recall, the HCCC was formed by interlocal agreement (or "ILA") in 1985
to coordinate the activities of federal, state, tribal and local gove=ents with jurisdiction over
land and resource management in the Hood Canal watershed. Parallel "Ru1es of Procedure"
were also adopted in 1985. Since that date both the ILA and the "Ru1es of Procedure" have
been amended, the last amendment to the Ru1es of Procedure occurring in 1993. The 1993
version of the Ru1es of Procedure made the HCCC subject to the Open Public Meetings Act
with its related rules for regular and special meetings.
The corporate status of the HCCC did not include the creation of a non-profit
corporation and the existence of such a non-profit wou1d have proven quite useful as the
member gove=ents strived to comply with the listing of the Puget Sound summer Chinook
as an endangered species. Thus the HCCC filed Articles of Incorporation for a non-profit
corporation in late 2000 and in 2002 received word from the IRS that it was a ''public charity"
exempt from federal income tax.
It is not clear that the existing version of the ILA authorizes the HCCC to create a non-
profit corporation. The version of the ILA that is the subject of this Agenda Bill makes
express the authority of the HCCC to create such a non-profit corporation. It also makes clear
that this separate legal entity (the non-profit corporation) is "to serve as fiscal agent for the
[HCCC]." See Section 4.1. The funds of the non-profit organization shall be subject to "an
audit to be conducted of the nonprofit corporation in the manner provided by law for the
auditing of public funds." See Section 4.2.
ANALYSIS: Jefferson County is authorized to enter into this !LA pursuant to the
Interlocal Cooperation Act found at Chapter 39.34 RCW. Execution and recordation of the
ILA with our Auditor will further the purposes and public policy behind the Salmon Recovery
Act (Ch. 77.85 RCW) and the Aquatic Rehabilitation Act (Ch.90.88 RCW). In addition,
Jefferson County has belonged to the HCCC for as long as that organization has existed and
should continue to do so.
This ILA was reviewed by lawyers for all of the member counties as well as by the
attorney for the HCCC and can be "approved as to form" by the undersigned.
FISCAL IMPACT: The impact will be MINIMAL, as the only cost to the County will be to
record this document with the Jefferson County Auditor in order to make it valid pursuant to
Ch. 39.34 RCW.
RECOMMENDATION: Sign five (5) copies of the ILA and upon receipt of one or more
copies signed by all necessary parties, authorize the Clerk for the BoCC to record same with
the Jefferson County Auditor.
DEPARTMENT CONTACT:
David Alvarez, Chief Civil DP A.
REVIEWED BY:
y4~
tor Date
CONTRACT REVIEW FORM
CONTRACT WITH: HCCC, Kitsap County, Mason County, Port Gamble S'KlaUam Tribe,
Skokomish Tribe
CONTRACT FOR: Interlocal Cooperation
TERM: Until Terminated
COUNTY DEPARTMENT:
For More Information Contact:
Contact Phone #:
David A.
X219
RETURN TO:
RETURN BY:
ASAP
(Date)
AMOUNT:
PROCESS:
Exempt from Bid Process
Consultant Selection Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFPorRFQ
Other
Revenue:
Expenditure: .
Matching Funds Required:
Sources(s) of Matching Funds
Step 1:
Review by:
Date Reviewed;
APPROVED FORM
Comments
Step 2: BEVIEW BY PROSECUTING TTO
Review by: :LV
2Ss Date Reviewed:
APPROVED AS TO FORM
Commen
Step 3:
(If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO
RISK MANAGEMENT AND PROSECUTING ATTORNEY
CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 4:
Step 5:
SUBMIT TO BOCC FOR APPROVAL
Submit originals and 9 copies of Contract, Review Form, and Agenda Bill to BOCC Office.
Place "Sign Here" markers on ail places the BOCC needs to sign.
MUST be in BOCC Office by 5 p.rn. TUESDAY fur the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
HOOD CANAL COORDINATING COUNCIL
INTERLOCAL COOPERATION AGREEMENT
Adopted November 25, 1985
Amended 1987
Amended April 20, 2011
THIS AGREEMENT is made and entered into by and between the undersigned local
government agencies and Indian tribes pursuant to provisions of the Interlocal Cooperation Act
of 1967, Chapter 39.34 RCW. This Agreement repeals and replacas the Interagency Agreement
between Jefferson, Mason and Kitsap Counties and other agencies and Indian tribes dated
November 25, 1985, as amended, which established the Hood Canal Coordinating Council, as
weli as Rules of Procedure adopted in 1985 and 1993 to implement such Agreement
WHEREAS, the undersigned Member organizations and ex-officio member agencies
recognize the overali benefit of participating in a forum for cooperative policy development to
improve decision-making affecting the Hood Canal region, and
WHEREAS, such a forum can reduce duplication, improve cost-effectiveness, and
maintain credibility with the public, and
WHEREAS, involvement of the public and government w11i help to ensure development of
accepted and workable programs and regulations for the region based in part on continuing
research efforts, and
WHEREAS, the undersigned Member organizations have formed the Hood Canal
Coordinating Councli to carry out the purposes of this Agreement, Chapter 77.85 RCWand
Chapter 90.88 RCW, and
WHEREAS, the undersigned Member organizations are authorized and empowered to
enter into this Agreement pursuant to Chapter 39.34 RCW, and
THEREFORE, in consideration of mutual promises and covenants herein, it is hereby
agreed that the Interlocal Cooperation Agreement providing for the Hood Canal Coordinating
Council shali be amended to read as foliows:
PART I . DEFINITIONS
For the purposes of this Agreement and ali other agreements, contracts, and documents
executed, adopted or approved pursuant to this agreement, the foliowlng terms shali have the
meaning prescribed to them within this Part unless the context of their use dictates otherwise.
1.1. "Councli" means the Hood Canal Coordinating Councli.
1.2. "Member organization" means any public agency which is a party or becomes a
party to this Agreament
1.3. "Non-profit corporation" means the corporation formed by the Council under the
Washington Non-profit Corporations Act and recognized as a public charity under Section
501(c)(3) of the Internal Revenue Code to serve as fiscal agent for the Hood Canal Coordinating
Council.
2
PART 11- MEMBERSHIP AND ORGANIZATION
2.1 MEMBER ORGANIZATIONS. - The Member organizations of the Hood Canal
Coordinating Council shall consist of the following local govemments and Indian tribes:
Jefferson County
Kltsap County
Mason County
Port Gamble S'K1allam Tribe
Skokomlsh Tribe
2.2. COUNCIL ORGANIZATION. - The Council shall consist of the duly-authorized
representative or representatives of each Member organization, who shall constitute its Board of
Directors. Each Member organization shall have one vote. The Council shall adopt and
periodically may revise bylaws to set forth the powers and duties of the Council and of its Board
of Directors. The Council may include ex officio, non-voting members.
PART 111- AUTHORITY AND PURPOSE
3.1. AUTHORITY. - The authorities under which the Member organizations enter into this
Agreement are the Interlocal Cooperation Act, Chapter 39.34 RCW, the Salmon Recovery Act,
Chapter n.85 RCW, and the Aquatic Rehabilitation Act, Chapter 90.88 RCW.
3.2. PURPOSE. - The purpose of the Hood Canal Coordinating Council - working with
partners, community groups and citizens - is to advocate for and implement regionally and
locally appropriate actions to protect and enhance Hood Canal's environmental and economic
health.
PART IV - FUNDING
4.1. FISCAL MANAGEMENT. - There is hereby authorized a separate legal entity to
serve as fiscal agentfor the Hood'Canal Coordinating Council and to otherwise conduct the joint
or cooperative undertaking described In this Agreement. The entity shall be organized as a
nonprofit corporation under Chapter 24.03 RCW, the Washington Non-profit Corporation Act and
shall conduct its activities so as to qualify as a public charity under Section 501 (c)(3) of the
Intemal Revenue Code. The Board of Directors of the Council shall serve as the Board of
Directors of the nonprofit organization. The nonprofit organization may hire and fire staff,
including an executive director, enter into contracts, accept grants and other moneys, disburse
funds, and pay all necessary expenses. The nonprofit organization also may receive and
disburse funding for projects, studies, and activities related to protecting and restoring the Hood
Canal watershed and otherwise fulfilling its responSibilities under this Agreement. Chapter 77.85
RCW and Chapter 90.88 RCW.
4.2. AUDIT REQUIREMENTS. - The Council shall cause an audit to be conducted of
the nonprofit corporation In the manner provided by law for the auditing of public funds, and
consistent with generally-accepted accounting principles for nonprofit corporations.
4.3. FUNDING. - Each Member organization and ex-officio member entity may fund
staff participation in the Council. Technical assistance may be provided by other public
agenCies. The Council is authorized to apply for such federal, state, local, or private funding of
any nature as may become available.
3
PART V - GENERAL PROVISIONS
5.1. WITHDRAWAL FROM AGREEMENT. - Any Member organization may withdraw
from this Agreement by giving writlen notice at least three months prior to the intended date of
withdrawal.
5.2. DURATION. - This Agreement shall remain in force and effect perpetually or until
terminated by Member organizations which represent half or more of the signing Member
organizations.
5.3. DISPOSITION OF ASSETS. - Upon termination of this Agreement any money
assets in possession of the Council after payment of all lIabilfties, costs, expenses, charges
validly incurred under this Agreement, shall be retumed to all contributing Member organizations
In proportion to their financial contributions determined at the time of termination. The debts,
liabilities, and obligations of the Council shall not constitute a debt, liability, or obligation of any
Member organization.
5.4. RECORDING. - An executed original of this Agreement shall be filed with the
Auditor of each member County.
5.5 EFFECTIVE DATE. - This Agreement is effective among and between the
members upon its execution by all of the members, as evidenced by the signatures and dates
affixed below, and upon its filing with each County Auditor as provided In this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by each Member
organization on the date set forth below:
EXECUTED this _ day of
.2011.
BOARD OF COUNlY COMMISSIONERS
JEFFERSON COUNTY, WASHINGTON
JOHN AUSTIN, Chair
ATTEST:
PHIL JOHNSON, Commissioner
[NAME]
Clerk of the Board
DAVID SULLNAN, Commissioner
4
EXECUTED this _ day of
.2011.
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
CHARLOTTE GARRIDO, Chair
ATTEST:
JOSH BROWN, Commissioner
[NAME]
Clerk of the Board
ROB GELDER, Commissioner
EXECUTED this _ day of
.2011.
BQARD OF COUNTY COMMISSIONERS
~_ COUNTY, WASHINGTON
LYNDA RING ERICKSON, Chair
ATTEST:
JERRY LINGLE, Commissioner
[NAME]
Clerk of the Board
TIM ~HELDON, Commissioner
EXECUTED this _ day of
.2011.
TRIBAL COUNCIL
PORT GAMBLE S'KLALLAM TRIBE
JEROMY SULLIVAN, Chair
EXECUTED this _ day of
5
.2011.
TRIBAL COUNCIL
SKOKOMISH TRIBE
'JjroVed as to form' 41~ ]-z..,lt
Deputy Prosecuting Attome r Jefferson County
Approved as to form:
Deputy Prosecuting Attomey for Kilsap County
Approved as to form:
Deputy Prosecuting Attomey for Mason County
Approved as to form:
Port Gamble S'K1alIam Tribe General Counsel
Approved as to form:
Skokomlsh Tribe General Counsel
CHARLES "GUY" MILLER, Chair