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Home My WebLink Aboutres2016-019WHA TCn41' COUNTY COUNCIL AGENDA BILL NO. 2016 -169 CLEARANCES Initial r Date Date Received in Council Office Agenda Date Assigned to: Originator: MGM 4128116 IE C E � V E D 5/17/2016 Finance /Council Division Head: MAY 10 2016 WHATCOM COUNTY COUNCIL Dept. Head: - Prosecutor: 3 Purchasing /Budget: Executive: 1 � /0- 4 TITLE OF 130CU NT: Birch Bay Park Acquisition 16 -2020 ALEA Application and Authorization Resolution ATTACHMENTS: Authorizing Resolution SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( ) Yes (X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Request authorization for the County Executive to make application and enter into a grant agreement with the WA State Recreation and Conservation Office for funding through the Aquatic Lands Enhancement Account in the amount of $615,884 for the acquisition of the Birch Bay Community Park property. COMMITTEE ACTION.• COUNCIL ACTION: 5/17/2016: Forwarded to the Council for approval 5/17/2016: Approved 7 -0, Res. 2016 -019 Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Res. 2016 -019 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/counciL .. �'• ' 0l INTRODUCED: 2016 -019 RESOLUTION NO. RECREATION and CONSERVATION OFFICE AQUATIC LANDS ENHANCEMENT ACCOUNT (ALEA) APPLICATION RESOLUTION /AUTHORIZATION Whatcom County -Birch Bay Park Acquisition 16 -2020 WHEREAS, this resolution authorizes submitting application for grant funding assistance for the Aquatic Lands Enhancement Account (ALEA) project(s) to the Recreation and Conservation Funding Board as provided in RCW 79.105.150, 79A.25 RCW, WAC 286, and other applicable authorities; and WHEREAS, under provisions of the ALEA program, state grant assistance is requested to aid in financing the cost of the acquisition of Birch Bay Park; and WHEREAS, our organization considers it in the best public interest to complete the project described in the application. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council: 1. That Michael McFarlane, Whatcom County Parks & Recreation Director is authorized to make formal application to the Recreation and Conservation Funding Board for grant assistance. 2. Our organization has reviewed the sample project agreement on the Recreation and Conservation Office's web site at: http: / /www rr-o.wa.gov/ documents/+ nanuals &forms/Sami2leProjAgreemeiit.pdf and authorizes Jack Louws, Whatcom County Executive to enter into such a project agreement, if funding is awarded. We understand and acknowledge that the project agreement will contain the indemnification and other terms and conditions that are contained in the sample project agreement. The sample project agreement may be revised periodically by the Recreation and Conservation Office. Our organization recognizes that such changes might occur prior to our authorized representative signing the actual project agreement, and we accept the responsibility and the presumption that our authorized representative shall have conferred with us as to any such changes before he /she executes the project agreement on behalf of our organization and so executes with our authorization. 3. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project referenced above. 4. Our organization expects our matching share of project funding will be derived from Conservation Futures and that pursuant to WAC 286 -13 -040 we must certify the availability of match at least one month before funding approval. In addition, our organization understands it is responsible for supporting all non -cash commitments to this project should they not materialize. 5. We acknowledge that if the Recreation and Conservation Funding Board approves grant assistance for the project, the Recreation and Conservation Office will pay us on only a reimbursement basis. We understand reimbursement basis means that we will only request payment from the Recreation and Conservation Office after we incur eligible and allowable costs and pay them. The Recreation and Conservation Office may also determine an amount of retainage and hold that amount until the project is complete. 6. We acknowledge that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to by our organization and the Recreation and Conservation Funding Board in the project agreement or an amendment thereto. We agree to dedicate the property in a signed "Deed of Right" for fee acquisitions, or an "Assignment of Rights" for other than fee acquisitions (which documents will be based upon RCO's standard versions of those documents), to be recorded on the title of the property with the county auditor. 7. We acknowledge that any property acquired in fee title must be immediately made available to the public unless the Recreation and Conservation Office director or the Recreation and Conservation Funding Board agrees to other restrictions in the project agreement or an amendment thereto. 8. This application authorization becomes part of a formal application to the Recreation and Conservation Funding Board for grant assistance. 9. We provided appropriate opportunity for public comment on this application. 10. We certify that this application authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that the person signing as authorized representative is duly authorized to do so. APPROVED this 17th day of May 2016. ATTEST'. p OU Dana Brown-' q6 wtser� Col` the Council I APPROVED �, &rrTC)- FO'RM!'- �ti,`4• �i ►r�tr��ttt�� Elizabeth allery, Civil Deputy Prosecutor Washington State Attorney General's Office WHATCOM COUNTY COUNCIL ATCOM COUNTY., WAS INGTON Bar uc na , Council Chair Approved as to form — March 18: 2016 Assistant Attorney General Date