HomeMy WebLinkAboutR-2004-014 Tri-County Water Resource Agency Agreement ExtensionRESOLUTION NO. R-2004- 14
A RESOLUTION authorizing and directing the City Manager to execute a
Memorandum of Agreement Re: Extension of the Fourth
Amended Intergovernmental Agreement for the Tri -County
Water Resource Agency.
WHEREAS, paragraph 10.3 of the Fourth Amended Intergovernmental
Agreement for the Tri -County Water Resource Agency provides that the
agreement is to expire on December 31, 2003, unless extended by written
agreement;
WHEREAS, it is in the best interests of the City to extend the Fourth
Amended Intergovernmental Agreement for the Tri -County Water Resource
Agency for a period of one year, until December 31, 2004; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The City Manager of the City of Yakima is hereby authorized to execute
the attached Memorandum of Agreement Re: Extension of the Fourth Amended
Intergovernmental Agreement for the Tri -County Water Resource Agency.
ADOPTED BY THE CITY COUNCIL this 20th day of January, 2004.
Paul P. George, Mayor
ATTEST:
City Clerk
(1k)res/tri-county water agreement extension.sm
MEMORANDUM OF AGREEMENT
RE: EXTENSION OF THE FOURTH AMENDED
INTERGOVERNMENTAL AGREEMENT
FOR THE
TRI -COUNTY WATER RESOURCE AGENCY
This Memorandum of Agreement is entered into and between the
Initiating Governments of the Fourth Amended Intergovernmental Agreement
for the Tri -County Water Resource Agency.
Paragraph 10.3 of the Fourth Amended Intergovernmental Agreement for
the Tri -County Water Resource Agency provides that the Agreement is to expire
December 31, 2003, unless extended by written agreement. Each of the under-
signed designated representatives of the Initiating Governments hereby agrees
to extend the Fourth Amended Intergovernmental Agreement for the Tri -County
Water Resource Agency for a period of one year, until December 31, 2004, and
to obtain the necessary legislative authority to approve a Fifth Amended
Intergovernmental Agreement for the Tri -County Water Resource Agency in
substantially similar form to the Fourth Amended Intergovernmental
Agreement.
It is also the intent of Benton County to rejoin the Tri -County Water
Resource Agency as an Initiating Government.
Each Initiating Government's agreement herein is contingent on receiving
the respective legislative authority for their approval.
This Memorandum of Understanding may be executed in any number of
counterparts, all of which shall constitute one agreement.
Date BENTON COUNTY BOARD OF COMMISSIONERS
Date YAKIMA COUNTY BOARD OF COMMISSIONERS
Pa ge 1
/-a.3-oy
Date
CITY OF YAKIMA Rich_ d A. Zais, City Manager
Date R Z1&RIGAT14N DISTRICT
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SUNNYSIDE VAL`.
IRRIGATION DISTRICT
Date Yieze„.e.if
AKIMA-A-TIIETON I RIGATION DISTRICT
CITY CONTRACT NO: PO4/.10
RESOLUTION NO: ./e-2M.V-/y
f:\clients\lem\tri-county wtr-17264\memo of agr4clean.doc
1/ 13/2004 2:19 pmlent
Pa ge 9
FOURTH AMENDED
INTERGOVERNMENTAL AGREEMENT
FOR THE
TRI -COUNTY WATER RESOURCE AGENCY
This INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into by and
among the initiating governments of Benton County, Yakima County, City of Yakima, Roza
Irrigation District, Sunnyside Valley Irrigation District, an d Yakima-Tieton Irrigation
District, (collectively, the "Initiating Governments"), for the purposes of administrating the
development of a local watershed plan under authority of HB 2514 (Chapter 90.82 RCW) for
the Yakima River basin in WRIA's 37, 38 and 39; defining the duties and responsibilities of
the Agency as lead agency for the local watershed planning process; directing staff
contracting with consultants; and authorizing requests for grant funding.
RECITALS AND FINDINGS:
WHEREAS, water resource planning has been and continues to be a responsibility of
Washington State, counties, cities, water utilities and tribes.
WHEREAS, the State of Washington has declared, and the Initiating Governments
recognize, that proper utilization of the water resources of this state is necessary for the
promotion of public health and economic well-being of the state and preservation of its
natural resources and aesthetic values.
WHEREAS, the Initiating Governments recognize that it is in the best interests of
the state and the Yakima River basin that comprehensive water planning be given a high
priority so that water resources and associated values can be utilized and enjoyed today
and protected for tomorrow.
WHEREAS, the Yakima River Basin Planning Program for WRIA's 37, 38 and 39,
was initiated pursuant to RCW 90.82.060 by the Initiating Governments, by a Memo-
randum of Agreement dated May 18, 1998, which is attached hereto as Appendix 1. A First
Amended Interlocal Agreement was adopted on July 9, 1998, which is attached hereto as
Appendix 2. A Second Amended Intergovermental Agreement was adopted on March 4,
1999, which is attached hereto as Appendix 3. The Initiating Governments as of December
15, 1998, also adopted an Operational Agreement, attached hereto as Appendix 4.
WHEREAS, comprehensive water resource planning must provide interested parties
adequate opportunity to participate, and water resources issues are best addressed through
cooperation and coordination among the State, Local Governments, and all interested
parties.
TCWRA Fourth Intergovernmental
Agreement Page 1
WHEREAS, pursuant to RCW 43.21C, comprehensive water resource planning must
consider the requirements of the State Environmental Policy Act within the scope of the
planning process and in the development of any final watershed proposal.
WHEREAS, A C' and _�_ _ r �i. of
. _ ..EAS, utilization ma.na.gemein, of tate waters this state are guided by
certain general principles, including that uses of water for domestic, stock -watering,
industrial, commercial, agricultural irrigation, hydroelectric power production, mining, fish
and wildlife maintenance and enhancement, recreational, thermal power production,
preservation of environmental and aesthetic values, and all other uses compatible with the
employment of the public waters of the state are beneficial.
WHEREAS, since water rights are property rights held by individual citizens,
irrigation entities, municipalities, public and private utilities, and governments, the
Initiating Governments declare that the Tri -County Water Resource Agency shall have no
power or eminent domain authority to impair (a) any lawful water right or use; (b) the
capability of water users to divert, convey, or exercise those rights; or (c) the continuation of
existing land uses dependent on, or benefited by, those water rights uses.
WHEREAS, to prepare and recommend for approval a local watershed plan under
HB 2514 (RCW 90.82), the Initiating Governments shall work in cooperation with former
membership of the Yakima River Watershed Council, representatives of state and federal
agencies, the Confederated Tribes and. Bands of the Yakama Nation, local governments and
representatives for agricultural, fisheries, recreational and environmental interests.
WHEREAS, the Initiating Governments must provide for the participation of a wide
range of water resource interests in the composition of the planning unit for the Yakima
River basin, and it is critical to the success of the planning process that the Initiating
Governments provide for broad public participation and education regarding the develop-
ment and implementation of the local watershed plan.
WHEREAS, all Initiating Governments should be members of the Tri -County Water
Resource Agency, which they have designated the Lead Agency for the local watershed
process.
WHEREAS, a small portion of Klickitat County is in WRIA 37, Klickitat County
supports the decision to initiate multi-WRIA planning for WRIA's 37, 38 and 39 and
designates the Tri -County Water Resource Agency as Lead Agency; however, Klickitat
County will not participate in the planning process or this Agreement, as confirmed in the
May 11, 1998, letter attached to this Agreement as Appendix 5.
WHEREAS, in an effort to resolve the concerns of the Confederated Tribes and
Bands of the Yakama Nation and to facilitate their involvement and cooperation in the
planning process and this Agreement, the Confederated Tribes and Bands of the Yakama
Nation became a member of the initiating governments and an Operational Agreement was
adopted by the initiating governments on December 15, 1998, and a Second Amended
Intergovernmental Agreement for the Tri -County Water Resource was adopted by
—�,� Agency was uy
the initiating governments on March 4, 1999.
TCWRA Fourth Intergovernmental
Agreement Page 2
WHEREAS, the Confederated Tribes and Bands of the Yakama Nation have by
letter dated December 21, 1999, attached hereto as Appendix 6, notified the Tri -County
Water Resources Agency that it no longer wished to be a member or participant in the
watershed planning process or an initiating government of the Tri -County Water Resource
Agency, a Third Amended Intergovernmental Agreement for the Tri -County Water
Resource Agency and rescission of the Operational Agreement was adopted by the initiating
governments in the year 2000.
WHEREAS, the City of Ellensburg and the County of Kittitas having advised the
Tri -County Water Resources Agency that they no longer wished to be a member or
participant in any future watershed planning process or as initiating governments of the
Tri -County Water Resource Agency, a Fourth Amended Intergovernmental Agreement for
the Tri -County Water Resource Agency is desired by the remaining Initiating Governments
to set forth the agreement of the remaining Initiating Governments, including a new
quorum requirement, following the withdrawal of the City of Ellensburg and the County of
Kittitas.
WHEREAS, by adoption of this Fourth Amended Intergovernmental Agreement, the
Initiating Governments do not waive any rights it may have to assert that the City of
Ellensburg and the County of Kittitas formally withdrew from the Tri -County Water
Resource Agency prior to December 31, 2002, nor may this Fourth Amended Inter-
governmental Agreement be construed as necessary or required to be adopted following the
decisions by the City of Ellensburg or the County of Kittitas to not continue with the Tri -
County Water Resource Agency.
WHEREAS, it is the intention of the Initiating Governments that this Fourth
Amended Intergovernmental Agreement will provide for the continuation of the Tri -County
Water Resource Agency, and will allow for the withdrawal of the City of Ellensburg and the
County of Kittitas.
NOW, THEREFORE, in consideration of the; mutual agreements, covenants and
promises contained herein, the Initiating Governments agree to the following terms:
1. DEFINITIONS
1.1 "Agency" means the Tri -County Water Resource Agency. Agency member-
ship consists of the Initiating Governments. The Agency is the Lead Agency
as those terms are defined below. To this extent, Agency, Initiating Govern-
ments and Lead Agency are common terms for purposes of this Agreement.
1.2 "Agency Director" means the person hired by the Agency to handle its day-to-
day operations, and such person shall be an at -will employee and shall serve
at the pleasure of the Agency.
TCWRA Fourth Intergovernmental
Agreement Page 3
1.3 "County" or "Counties" means Benton and Yakima Counties, individually or
collectively.
1.4 "Initiating Governments" means those local and tribal governments generally
designated by RCW 90.82.060 for the purposes of initiating watershed
planning and designating a Lead agency for such planning. Upon execution of
the Fourth Amended Intergovernmental Agreement, the Initiating Govern-
ments are Benton County, Yakima County, City of Yakima, Roza Irrigation
District, Sunnyside Valley Irrigation District, and the Yakima-Tieton Irriga-
tion District. The Confederated Tribes and Bands of the Yakama Nation have
declined to continue as an initiating government. The County of Kittitas and
the City of Ellensburg have declined to continue as initiating governments.
1.5 "Lead Agency" means the organization designated by the Initiating Govern-
ments pursuant to RCW 90.82.060 to serve as the Lead Agency for the
Planning Process, including the receipt and administration of grant funds
and the coordination of staff support related to watershed planning. For
purposes of this Agreement, the Lead Agency is the Tri -County Water
Resource Agency.
1.6 "Local Governments" means cities, towns, irrigation districts and any other
taxing authority.
Costs" ( ) th cost of �_ ,i and ,
1 7 "Planning i"iieails ��/ the preparing the studies pians
relating to the planning process; (2) the amounts paid to contractors for work
performed under approved contracts: (3) the costs of legal engineering, and
other professional service relating to the formation of the Agency, the
planning process and resolution of any disputes related thereto; and (4) other
costs reasonably related to the planning process initiation, administration,
auditing and general project management.
1.8 "Planning Process" means the Watershed Plan preparation under Title 90.82
RCW, the associated public involvement and education process, and activities
provided for herein.
1.9 "Planning Unit" means the collective representatives of water resource
interests who, as an autonomous body under authority of Chapter 90.82 RCW
are tasked with the responsibility to prepare a watershed pian through the
consensus process defined therein, and further outlined in Appendix 7.
1.10 "State" means the State of Washington and any of its agencies.
1.11 "Tri -County Water Resource Board" means the board of that name
established in Section 6 of this Agreement.
1.12 "Watershed Plan„ the l watershed la_ P,
. al.Glr711G 11C(11 means 11C local plan prepared by the Planning
Unit under authority of HB 2514 (Chapter 247, Laws of 1998).
TCWRA Fourth Intergovernmental
Agreement Page 4
1.13 "SEPA" means the State Environmental Policy Act as codified in RCW
43.21C.
2. DUTIES OF THE TRI -COUNTY WATER RESOURCE AGENCY
The Agency shall:
2.1 Receive and administer grants.
2.2 Acting as the Initiating Governments, determine the scope of planning to be
conducted and shall consider all existing plans and related planning
activities;
2.3 Acting as the Initiating Governments, designate and appoint representatives
of a wide range of water resource interests to serve on the Planning Unit;
appointment may be made through the planning process.
2.4 Hold/coordinate upon request of the Planning Unit, public hearings and/or
meetings in all three counties regarding the watershed plan.
2.5 Administer staff, contracts with consultants and other professional services
to facilitate the planning process and fund the activities of the Planning Unit.
2.6 Upon request of the Planning Unit, review and resolve the Planning Unit's
disputes regarding interim decisions on plan development activities.
2.7 Hold public hearings on the Watershed Plan prepared by the Planning Unit,
and provide a report on the public hearings and its recommendation to the
County legislative authorities for the approval process provided in Section 9
of HB 2514.
2.8 Act as lead agency for SEPA purposes, and develop such policies and
procedures, and take such actions as reasonably necessary to insure
compliance with SEPA statutory and regulatory requirements.
3. SUPPORT AND FINANCING FOR THE PROJECT
3.1 The Agency is authorized to apply for and accept grants in the name of the
Agency from federal, state, local and private sources. The Agency may utilize
existing grant funds and appropriations in the Agency's accounts for the
purposes specified herein.
3.2 The Initiating Governments shall not be obligated to pay any debts of the
Agency or the Planning Unit. These costs shall be funded solely through
grants and voluntary contributions.
TCWRA Fourth Intergovernmental
Agreement Page 5
3.3 The agency shall approve annual budgets for its operations. The Agency's
fiscal year shall be January 1 through December 31.
3.4 The Agency shall not acquire real property. Any personal property acquired
for use by the Agency shall be acquired in the name of the Agency and shall
be sold or equally and equitably divided among the Initiating Governments
upon the termination of this Agreement.
4. REPORTING REQUIREMENT
The Agency director shall report monthly to each Initiating Government regarding
its activities during the prior period. Reporting may be in writing, or by reporting to the
Tri -County Water Resource Board at their monthly meeting.
5. BOOKS, ACCOUNTS AND PERSONNEL POLICIES
5.1 The Agency shall establish a special fund with the Yakima County Treasurer
to be designated "Operating Fund of the Tri -County Water Resource Agency."
All sums received by the Agency shall be placed in such fund and all sums
expended by the Agency shall be disbursed from such fund. The Yakima
County Treasurer shall be the custodian of the fund, and the Yakima County
Auditor shall keep record of the receipts arid disbursements, and shall draw
and the Yakima County Treasurer shall honor and pay all warrants, which
shall be approved before assurance and payrnelit as directed by the Agency.
All interests earned on sums placed in the Agency's fund shall accrue to such
fund. Reasonable administrative costs incurred by Yakima County in the
performance of this Section 5.1 shall be paid by the Agency, provided, the
Agency is not obligated to pay any such administrative costsexcess °
Ag Pliny z7 •^� administrative uu v� �. w7 in of their
fair market value.
5.2 The Agency shall keep full and complete books of accounts showing the
planning costs incurred in connection with the planning process. The cost of
keeping those books shall be considered to be a planning cost of the Agency.
Audits of the books shall be performed annually by the Washington State
Anrlitnr and the such au it shall co siders pl. cost. More
v+.+.v cost of vuvia a.tuuiu be VV11.Jt ll[ilGU a plan - ;ng More
frequent audits, if requested by any Initiating Government, shall be charged
to the Initiating Government making the request.
5.3 The Agency director and any other supporting staff hired by the Agency shall
become employees of Yakima County and shall be subject to the personnel
policies of Yakima County.
6. TRI -COUNTY WATER RESOURCE BOARD
6.1 There is hereby established a Tri -County Water Resource Board to act as the
for the Agency. All the powers and functions of the Agency
governing body g� � 'y
shall be vested in the Board.
TCWRA Fourth Intergovernmental
Agreement Page 6
6.2 The Tri -County Water Resource Board shall consist of one representative
from each Initiating Government appointed by its legislative authority. Each
such representative shall be an elected official or the senior manager/
administrator for the Initiating Government he or she represents and shall
have one vote. Each Initiating Government shall also designate an official to
serve as an alternate with full authority in instances when the primary
representative of such Initiating Government is not available. A quorum of
the Tri -County Water Resource Board shall be four (4) members. The Board
shall take action by a majority vote.
6.3 In June of every even numbered year, the Board shall elect a chairman and
vice-chairman to serve two-year terms. The chairman, or in his/her absence
the vice-chairman, shall conduct meetings and such other business as author
ized by the Board.
6.4 Initiating Governments may withdraw from the Agency and the Board by
providing written notice to the Agency director or the chairman, or by
announcing the withdrawal at a public meeting of the Board. This Inter-
governmental Agreement shall remain valid and in full force and effect and
the Agency shall continue to serve as the Lead Agency for the watershed
planning process despite any such withdrawal. The withdrawal of any
Initiating Government from the Agency and Board shall not affect the
Planning Unit's authority to prepare the watershed plan or the approval
process set forth in Chapter 90.82 RCW. If the withdrawal of one or more
Initiating Governments at a Board meeting causes the Board to lack a
quorum a defined in paragraph 6.2, the remaining Board members in
attendance shall constitute a quorum for purposes of transacting business at
that meeting, but no business may be conducted that was not listed on the
Board's agenda. The Board shall reexamine the quorum requirement in
paragraph 6.2 following the withdrawal of two or more Initiating Govern-
ments.
6.5 At the request of any Initiating Government or any other local governments,
the Board may represent such governments in water resources activities
outside the scope of the Planning Process under HB 2514. Such activities
could include, but are not limited to, application and administration of grant
funds for salmon habitat restoration, coordinated water system planning and
coordination of local government habitat restoration and species recovery
planning for purposes of the Endangered Species Act.
7. AGENCY AND PUBLIC PARTICIPATION
The Agency shall work in cooperation with the YN, state and federal agencies, and
local governments. Public participation through public hearing and other methods shall be
provided by the Agency as part of its management of the planning process.
TCWRA Fourth Intergovernmental
Agreement Page 7
8. PROTECTION OF EXISTING RIGHTS
mb.,, Watershed a , , by r, atershed plan authorized by HB 2514 and this Agreement shall not contain
any provisions that (a) are in conflict with existing state statutes, federal laws, or tribal
treaty r,giiLti, (b) impair or diminish in any manner any existing water right evidenced by a
claim filed in the water rights claim/ registry established under Chapter 90.14 RCW or a
water right certificate or permit; of (c) violate any other provision of Section 8 or HB 2514.
The Watershed Plan envisioned by this Agreement is intended to have prospective
application only with regard to water right applications, and to serve as a guide for future
water resource allocation and protection decisions for the Yakima River basin by the
Initiating Governments, state and federal agencies, and other local governments in the
planning area.
9. INTERGOVERNMENTAL AGREEMENT
This Agreement constitutes an exercise of the Initiating Governments' authority
under Chapter 39.34 RCW, the Interlocal Cooperation Act. Copies of this Agreement and
the resolutions from each Initiating Government authorizing the execution hereto shall be
filed with the county auditor of each County, the State Department of Community, Trade
and Economic Development, and the Secretary of State.
10. EFFECTIVE DATE/TERM OF AGREEMENT
This Agreement shall be effective as of January 1, 2003, and the Interlocal
Agreement dated November 7, 1995, between Yakima County, Benton
County, and Kittitas County; the Memorandum of Agreement dated May 18,
1998; the First Amended Interlocal Agreement dated July 9, 1998; the Second
Intergovernmental Agreement dated March 4, 1999; and the Third Amended
Intergovernmental Agreement dated August 17, 2000, shall be replaced and
superseded by this Fourth Amended Intergovernmental Agreement, immed-
iately upon its execution by each of the Initiating Governments identified.
10.2 This Agreement automatically terminates effective at any time the Agency
does not have sufficient funds necessary to meet current planning costs,
unless the Initiating Governments agree contribute sufficient
- - - a �^ each agree to �.ohhSrhAt,)SA,4e the sit111L;lediL
funding necessary to meet planning costs for the current fiscal year.
10.3 Unless earlier terminated under Section 10.2 or by written notice from each
of the Initiating Governments, this Agreement shall terminate on or before
December 31, 2003, if it is not extended by written agreement approved by
each Initiating Government's legislative authority prior to such date.
10.4 The Operational Agreement among Yakima River Watershed Planning
Initiating Governments dated December 15, 1998, shall be rescinded.
TCWRA Fourth Intergovernmental
Agreement Page 8
11. ADOPTION/AMENDMENT
11.1 This Agreement may be executed in any number of counterparts, all of which
shall constitute one Agreement. The execution of one counterpart by any party shall have
the same force and effect as if the party had signed all other counterparts. This Agreement
may be amended at any regular or special meeting of the Tri -County Water Resource Board
with the unanimous approval of the designated representatives of the Initiating Govern-
ments. Amendments shall be numbered and attached to the Agreement and distributed as
set forth in Section 9.
11.2 In the event that this Agreement or any part herein; or any prior
Intergovernmental Agreement for the Tri -County Water Resource Agency or any part
therein, or any action of the Tri -County Water Resource Agency, is determined to be
unauthorized or invalid, the parties reserve the right to take whatever steps necessary to
correct any invalidation or unauthorized action as agreed upon by the Initiating Govern-
ments herein.
Approved as to form:
ATTEST:
BENTON COUNTY BOARD OF COMMISSIONERS
Clerk of the Board Member
Approved as to form:
ATTEST:
tA. two,
YAKIMA COUNTY BOARD OF COMMISSIONERS
Excused
Clerk of the Board Member
TCWRA Fourth Intergovernmental
Agreement
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\clients\1em\tri-county\intergov agr.4th.doc
3/26/2003 4:22 pmslp rev 041503mod042503
CITY OF YAKIMA CA
Mayor
ROZA IRI�pN DIST
Manager
SUT�
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DE VALLEY IRRIGATION DISTRICT
Mar_
cl) rA-- L7
YAKIIvIA- T IE'T ON IR W 'ATION DISTRICT
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Da
Date
sr
-nate'
7)ate
Manager
TCWRA Fourth Intergovernmental
Agreement Page 10
Approved as to form: BENTON COUNTY BOARD OF COMMISSIONERS
ATTEST.
Clerk of the Board
Chairman
Date
Member
Date
Member
TCWRA Fourth Intergovernmental 11
Agreement
Date
June 2, 2003
Board of County Commissioners
BENTON COUNTY
P.O. Box 190 • Prosser, WA 99350-0190
Phone (509) 786-5600 or (509) 736-3080
Fax (509) 786-5625
Tri -County Water Resources Agency
2301 Fruitvale Blvd.
Yakima, WA 98902
RE: Proposed Fourth Amended Intergovernmental Agreement
Dear Mr. Milton:
Leo Bowman
DISTRICT 1
Max Benitz, Jr.
DISTRICT 2
Claude L. Oliver
DISTRICT 3
Enclosed is the original of the above referenced agreement, unsigned by Benton County. Benton
County is still fully supportive of the planning process under RCW 90.82 and the proposed plan
presented by the planning unit. However, we have growing concerns about our ability to ignore
Kittitas County's actions and about the effect of both pending (ESHB 1336) and recently adopted
legislation (SB 5073) pertaining to watershed planning.
Consequently, we suggest that our efforts focus at this time on working with Kittitas County to
obtain plan approval. Our Prosecuting Attorney has agreed to ask for an attorney general
opinion regarding our options.
If you have- any questions, please let us know.
Sincerely,
1,c„a„,,,
Leo M. Bowman
Commissioner
Enclosure
cc: Andy Miller, Benton County Prosecuting Attorney (w/o encl.)
Cassandra Noble, Deputy Prosecuting Attorney (w/o encl.)