HomeMy WebLinkAboutres1990-081I+- 1TCOM COUNTY COUNCIL AGENDA BILL
NO. 90 -4
(,CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda Date
Assigned To:
Originator- Hansey
11/27/90
Council/Intro
Division Head-
12/4/90
P &D /Councj
Department Head -
Prosecutor Review-
Purchasing/Budget Dir:
Executive-
J'UBfJP_ 1 '.
Resolution entering into an interlocal agreement with other counties owning public timber
ATTACHMENTS.
- Resolution
- Related correspondence from WSAC and Hansey
Public Hearing Needed? Yes /_/No/xx_/
SUMMARY STATEMENT.•
Whatcom County and other counties owning public timber, either in fee or as trust beneficiaries, are being
asked to enter into an interlocal agreement creating an association known as the Washington State County
Trust Beneficiaries Association. The resolution and correspondence provide more information.
ORIGINATOR'S RECOMMENDED ACTION.•
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
12 -4 -90: approved 7 -0
Related File Numbers. Ordinance or Resolution Number. • 90 -81
timbenres 12/10/90
SUBSTITUTE
SPONSORED BY: Consent
PROPOSED BY: Hansey
INTRODUCTION DATE: 11127/90
1 RESOLUTION NO. 90 -81
2 ENTERING INTO AN INTERLOCAL AGREEMENT WITH
3 OTHER COUNTIES OWNING PUBLIC TIMBER
4 WHEREAS, Whatcom County is among the counties in Washington State owning
5 public timber, either in fee or as trust beneficiaries; and
6 WHEREAS, these "timber counties" are being asked by the state Association of
7 Counties to enter into an interlocal agreement creating an association of counties owning
8 public timber known as the Washington State County Trust Beneficiaries Association; and
9 WHEREAS, the agreement would provide for payment of certain legal fees and the
10 filing of certain legal proceedings that would further benefit timber counties; and
1 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that it
12 is in the best interests of Whatcom County to enter into the attached interlocal agreement
13 (Exhibit A); and
14 BE IT FURTHER RESOLVED the County Executive is hereby authorized to enter
15 into the agreement on behalf of Whatcom County.
16 PASSED this 4th day of DecOnber , 1990.
17 WHATCOM COUNTY COUNCIL
18 ATTEST: ;TCO M COUNTY, WASHINGTON
19 � G� mot. i'c`
20 Ramona Reeves, Council Clerk an sey, Co cil Chairperson
21 APPROVED AS TO FORM:
22
23
Randy Watts, Chief Civil Deputy Prosecutor
Page 1
INTER -LOCAL AGREEMENT
THIS AGREEMENT is entered into by the parties for the purpose
of memorializing previous agreements of the parties to proceed in
concert to review federal legislation relating to the prohibition
against exporting logs from public lands; and, for the purpose of
initiating appropriate legal proceedings in order that the rights
of the parties hereto be fully protected under the laws of the
United States and the State of Washington.
Parties: The parties to this agreement are (1) various
counties that either own timber land or have transferred previously
owned timber lands pursuant to RCW 76.12.030 to the State of
Washington, in trust, hereinafter collectively referred to as
either the "Association" or the "Counties ", and (2) the Skamania
County Prosecuting Attorney's Office, hereinafter referred to as
the "Agent ".
Association: There is hereby created an association of county
trust beneficiaries to be known as the WASHINGTON STATE COUNTY
TRUST BENEFICIARIES ASSOCIATION. The members of the Association
shall consist of one (1) representative from the legislative body
of each county signator to this agreement.
1. The members of the Association hereby acknowledge and
ratify the previous actions taken by their representatives on their
behalf evaluating potential litigation.
2. This agreement shall be effective until October 31, 1991,
provided however, that it may be renewed for such additional period
of time as is necessary to complete any litigation initiated by the
Association. Any such extension shall be subject to the same
terms and conditions as the original agreement. The Association's
designee shall notify each member of the Association of the
Inter -Local Agreement - 1
necessity to extend the agreement and the period of time necessary
for said extension. Thereafter, additional extensions may be made
in the same manner.
3. Any member of the Association may withdraw that membership
by giving thirty (30) days' written notice of their intent to
withdraw to the Association's designee.
4. The business and affairs of the Association shall be
managed by a Board of Directors consisting of one county
commissioner, or their designee, from each member of the
Association and the decision of a majority of such directors
present at any meeting shall be sufficient to bind the Association
so long as appropriate notice of the time, place and purpose of
such meeting has been given to all such members.
5. This Association is formed for the purpose of affording
its' members a means to protect their legal rights under federal
and state laws with regard to their timber lands.
6. The Association hereby designates the Skamania County
Prosecuting Attorney's Office as its' designated agent, to
coordinate and supervise any legal proceedings initiated pursuant
to this agreement. In so doing, the agent is specifically
authorized to retain private counsel in accordance with that
certain agreement dated the 25th day of October, 1990, by and
between the Washington State Department of Natural Resources and
Skamania County, a copy of which is attached hereto, marked
Schedule "A ", and by reference incorporated herein.
7. The Association agrees that the legal expenses incurred to
date by the agent in furtherance of the prier agreements between
the counties shall be paid by the members in the following manner:
Inter -Local Agreement - 2
COUNTY Percentage Forest Bd. Land x Lecral Expenses to Date
Clallam
15.9 x
$21,862.75 =
$ 3,476.18
Clark
4.5
"
= 983.82
Cowlitz
1.5
"
= 327.94
Grays Harbor
5.6
"
= 1,224.31
Jefferson
2.3
of
= 502.84
King
3.2
of
= 699.61
Kitsap
1.5
If
= 327.94
Klickitat
2.7
it
= 590.29
Lewis
6.7
to
= 1,464.80
Mason
4.8
If
= 1,049.41
Pacific
3.9
"
= 852.65
Pierce
2.2
it
= 480.98
Skagit
12.4
"
= 2,710.98
Skamania
6.7
"
= 1,530.41
Snohomish
10.1
"
= 2,208.14
Thurston
7.6
"
= 1,661.57
Wahkiakum
1.9
"
= 415.39
Whatcom
6.2
"
= 1,355.49
In the event that any county listed above does not join in
this agreement, the portion of prior expenses attributable to such
non - agreeing county shall be paid proportionately by the counties
who are signators to this agreement.
8. The Association's designee is specifically prohibited from
incurring further legal expenses without the prior written approval
of the Association, except in accordance with the attached Schedule
"A".
9. In the event it is necessary to expend any funds other
than those provided in Schedule "A ", and in the event that the
Association, pursuant to the appropriate meeting and approval of
the Board of Directors of the Association, appropriates funds to
pay for such expenses, the Association shall have the authority to
establish a special fund with such member as is designated by the
Association at that time, said fund to be entitled "Operating Fund
of the Washington State County Trust Beneficiaries Board ".
10. . The Association. shall not own any. real or personal
property.
Inter -Local Agreement - 3
IN WITNESS WHEREOF, the authorized representative of each of
the several Boards of Commissioners set out below have executed
this agreement as of the date so signified.
Date County Authorized Representative Title
Skamania
Clallam
Clark
Cowlitz
Grays Harbor
Jefferson
King
Kitsap
Klickitat
Lewis
Mason
Pacific
Pierce
Skagit
Snohomish
Thurston
Wahkiakum
Whatcom
Inter -Local Agreement - 4
A
sc:�EDULE ' —
AGREEMENT
Whereas, the Congress of the United States has passed the
"Forest Resources Conservation and Shortage Relief Act of 1990"
(Federal Legislation) imposing log export restrictions on
Washington State -owned trust lands including certain state forest
board lands held in trust for the benefit of the counties; and
Whereas, the Federal Legislation has the effect of
substantially devaluing trust assets and reducing revenues to the
trust beneficiaries; and
Whereas, the Department of Natural Resources (Department) is
an agency of the State of Washington created by chapter 43.30 RCW
consisting of the Board of Natural Resources, the Commissioner of
Public Lands and the supervisor.
Whereas, the state Board of Natural Resources on September 4,
1990 passed a resolution determining it to be in the best interests
of the Forest Board Trust to challenge the legality of the Federal
Legislation and authorized such a legal action and expenditures
from the Forest Development Account to support such action; and
Whereas,., the Department has a duty to protect and preserve the
trust assets for the Forest Board Trust beneficiaries; and
1
Whereas, the Department believes this litigation is
indispensable to the proper administration of the trust and that
the issues involved are neither immaterial nor trifling;
Whereas, Skamania County is a county of the State of
Washington and a beneficiary of the Forest Board Trust and has
developed special expertise in the nature of the Forest Board Trust
through its involvement in County of Skamania v. State, 102 Wn.2d
127, 685 P.2d 576 (1984); and
Whereas, Skamania County has retained Davis Wright Tremaine,
a private law firm which successfully represented the counties as
beneficiaries in Skamania, has developed specialized expertise and
knowledge in the subject matter of this litigation, and has gained
the trust and confidence of affected counties and prosecuting
attorneys; and
Whereas, Skamania County is willing and situated to oversee
and administer a contract between the participating counties and
Davis Wright Tremaine pursuant to the terms of this agreement;
Now, Therefore, for the foregoing reasons and the mutual
advantages of the parties, the Department of Natural Resources as
principal and, Skamania County as agent, enter into this agreement,
and it is mutually agreed as follows:
2
1. Duration. The duration of this contract shall be one
year, commencing with the effective date of final
signature, unless extended by mutual agreement of the
parties.
2. Funding. The Department will provide up to $50,000 from
the Forest Development Account for the purpose of
supporting the legal fees and costs associated with an
action challenging the federal log export litigation
commenced on behalf of the forest board counties.
3. Contingent Agreement. This agreement is contingent upon
the participating forest board counties entering into an
enforceable agreement with Davis Wright Tremaine for the
provision of legal services incident to this litigation.
The Department reserves the right to review and approve
the essential terms and conditions of said agreement, and
in particular with respect to the rate and method of
compensation. Such agreement will limit expenditures to
the authorized hourly fee, approved financial ceilings
in the contract, and such other expert witness and
support costs reasonably necessary to pursue this
litigation.
4. Payment. Skamania County agrees to administer the
contract between participating counties and Davis Wright
3
Tremaine. This administration will include insuring the
conduct of parties or counsel is not vexatious or
litigious and that no unnecessary delay or expense is
incurred. Skamania County agrees to submit vouchers to
the Department for payment, which shall be reviewed and
approved by Skamania County pursuant to the terms of the
counties' agreement with Davis Wright Tremaine. The
Department will verify the appropriateness of charges and
remit payment to Skamania County. Skamania County will
be responsible for making payment to Davis Wright
Tremaine and advising the affected counties of payment
and all other matters pertaining to contract
administration.
5. Protect Coordinators. The project coordinator of this
contract for Skamania County will be:
Robert Leick
Prosecuting Attorney
P.O. Box 79G
Stevenson, WA 98648
and for the Department of Natural Resources:
Art Stearns
Department Supervisor
201 John A. Cherberg Building, QW -21
Olympia, WA 98504
4
Copies of all official correspondence, reports, billings
and other notices under this contract shall be sent to
the contract administrators at the above address.
6. Termination. The Department or Skamania County may
terminate this contract upon thirty (30) days' advance
written notice. Upon termination, the Department may,
at its election, retain all materials and analysis
completed to that date, which shall be the property of
the Department. The Department shall make a fair and
reasonable payment to Skamania County based on work done
at 'the time of termination. In no event will payment be
made for work performed or expenses incurred following
the effective date of termination.
7. Assignability. This agreement is not assignable in whole
or in part without the written consent of the Department.
8. Non - Discrimination. There shall be no discrimination
against any person employed under this agreement, or
against any applications for such employment because of
race, creed, color, national origin, sex, marital status,
age, or the presence of any sensory, mental or physical
handicap.
-5 -
J
9. Compliance With Law. The County shall comply with
federal, state and local laws and regulations.
10. Jurisdiction /Venue. This agreement shall be construed
and interpreted in accordance with the laws of the State
of Washington and the venue of any action brought
hereunder shall be in the Superior Court of Thurston
County.
11. Entire Agreement. This agreement sets forth in full the
entire agreement of the parties in relation to the
subject matter thereof, and may be waived, changed,
modified, or amended only by written agreement executed
by both parties.
IN WITNESS WHEREOF, the Department of Natural Resources and
Skamania County have executed this contract as of this �� day of
zldzA 'e- , 1990.
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
By
Ti le _
C:
SKAMANIA COUNTY
By , %�
Tit-le hairman, Bo of Commissioners
Approved as to form only
this /C? day of
1990.
A
J_ &-
l � �'� Co. AudiE r and Ex- Gfficio 1
� �_
Clerk �-a Board
Assistant Attorney General
VA