The URL can be used to link to this page

Home My WebLink Aboutres2018-031WHATCOM COUNTY COUNCIL AGENDA BILL No 2018 -241 CLEARANCES Initial Date Date Received in Council Office Agenda Date _Assigned to: Originator. ARose 0812312018 lur. A AUK 3 1 7(118 9111/18 Finance / Council wCFC'nuc Division Head.' �:/ � � � � Dept. Head: �% �� WHATCOM COUNT( Prosecutor: COUNCIL Purchasing /Budget: Executive: I ,' IQ TITLE OF DO 1ENT.• Ready Marine and Nearshore Restoration Projects 18 -2063 Estuary and Salmon Restoration Program Grant Application 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.) A resolution by the Flood Control Zone District Board of Supervisors that authorizes Public Works to submit a grant application and, if successful, for the County Executive to enter into a grant agreement with the Washington State Recreation and Conservation Office for funding through the Estuary and Salmon Restoration Program (ESRP). The grant will support efforts to ready high - benefit nearshore restoration projects in WRIA 1 toward implementation. The total estimated project cost is $131,472 with a grant request of $100,516 and $30,956 in match from separate grant source and donated labor. COMMITTEE ACTION.• COUNCIL ACTION: 9/11/2018: Forwarded to Council for approval 9/11/2018: Approved 7 -0, Resolution 2018 -031 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Res. 2018 -031 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Cmmtv'.c website at: www. ro. whatcom. wa. use cauncil. __ _, WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings Director MEMORANDUM NATURALRESOURCES 322 N. Commercial, Suite 110 Bellingham, WA 98225 Telephone: (360) 778 -6230 FAX: (360) 778 -6231 www. wha tcomcounty. us TO: The Honorable Jack Louws, Executive and Honorable Members of the Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Jon Hutchings, Public Works Director FROM: Gary Stoyka, Natural Resources Manager Austin Rose, Planner I DATE: August 23, 2018 RE: Resolution Authorizing an Application for Grant Funding to support efforts to ready high - benefit nearshore restoration projects toward implementation in WRIA 1 Enclosed for your review and signature is one original of a Flood Control Zone District (FCZD) Resolution. Requested Action Approval of a resolution which authorizes Public Works to submit an application to the Estuary and Salmon Restoration Program (ESRP) for grant funding assistance to evaluate feasibility and ready nearshore restoration projects toward implementation in WRIA 1. The resolution also authorizes the Whatcom County Executive to enter into a grant agreement with the Washington State Recreation and Conservation Office should funding be awarded. Background and Purpose Very few restoration efforts have been implemented along the WRIA 1 nearshore due to lack of project readiness and support. In 2013, an assessment was completed in the WRIA 1 nearshore and estuary and 133 different opportunities were prioritized, 60 of which include process -based restoration projects. Many of these projects are only conceptual and require additional work to evaluate feasibility and ready projects toward implementation. The objective of this project is to ready high- benefit nearshore restoration projects in WRIA 1 (phase 1) for eventual implementation (phase 2). This funding request is for only phase 1 and consists of 4 major tasks including; feasibility screening, landowner outreach, formation of project partnerships, and the development of permit -ready (30 %) restoration designs. Designs will be developed for the top two (2) ranking projects that will produce the greatest benefit to nearshore ecosystem processes and habitats and that have willing landowners. The Whatcom MRC proposes to work with project partners with the necessary experience required to implement nearshore restoration projects in WRIA 1, in order to complete these efforts. Funding Amount and Source If successful, $100,516 will be awarded by the Estuary and Salmon Restoration Program. Project awards are for work to be completed between July 1, 2019 and June 30, 2021. The match grant source is still to be determined. The total estimated project cost is $131,472. Please contact Gary Stoyka at extension 6218, if you have any questions or concerns regarding the terms of this agreement. Encl. RESOLUTION NO. 2018 -031 PROPOSED BY: PUBLIC WORKS INTRODUCED: AUGUST 28 2018 WASHINGTON STATE RECREATION CONSERVATION OFFICE ESTUARY AND SALMON RESTORATION PROGRAM APPLICATION AUTHORIZATION Organization Name_ Whatcom Coun1y Flood Control Zane District Project Name and Number (s) Ready Marine and Nearshore Restoration Projects (18 -2063) _ WHEREAS, this resolution authorizes the person identified below (in section 2) to act as the authorized representative /agent on behalf of our organization and to legally bind our organization with respect to the above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office). WHEREAS, state grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; and WHEREAS, the Whatcom County Flood Control Zone District Board of Supervisors considers it in the best public interest to complete the project described in the application. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Flood Control Zone District Board of Supervisors that: 1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Project(s)." 2. Jack Louws Whatcom Coun1y Executive is authorized to act as a representative /agent for our organization with full authority to bind the organization regarding all matters related to the Project(s), including but not limited to, full authority to: (1) approve submittal of a grant application to the Office, (2) enter into a project agreement(s) on behalf of our organization, (3) sign any amendments thereto on behalf of our organization, (4) make any decisions and submissions required with respect to the Project(s), and (5) designate a project contact(s) to implement the day -to -day management of the grant(s). 3. Our organization has reviewed the sample project agreement on the Recreation and Conservation Office's WEBSITE at: htt s: rco.wa. ov documents `i-nanuals &forms Sam lePromA reement. df and authorizes Jack Louws Whatcom Coun Executive to enter into such a project agreement, if funding is awarded. We understand and acknowledge that if offered a project agreement to sign in the future, it will contain an indemnification and legal venue stipulation (applicable to any sponsor) and a waiver of sovereign immunity (applicable to Tribes) and other terms and conditions substantially in the form contained in the sample project agreement and that such terms and conditions of any signed project agreement shall be legally binding on the sponsor if our representative /agent enters into a project agreement on our behalf. The Office reserves the right to revise the project agreement prior to execution and shall communicate any such revisions with the above authorized representative /agent before execution. 4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized representative /agent has full legal authority to enter into a project agreement(s) on its behalf, that includes indemnification, waiver of sovereign immunity (as may apply to Tribes), and stipulated legal venue for lawsuits and other terms substantially in the form contained in the sample project agreement or as may be revised prior to execution. 5. Grant assistance is contingent on a signed project agreement. Entering into any project agreement with the Office is purely voluntary on our part. 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the project agreement, the characteristics of the project, and the characteristics of our organization. Our organization further understands that prior to our authorized representative /agent executing the project agreement(s), the RCO may make revisions to its sample project agreement and that such revisions could include the indemnification, the waiver of sovereign immunity, and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the project agreement(s), confer with our authorized representative /agent as to any revisions to the project agreement from that of the sample project agreement. We also acknowledge and accept that if our authorized representative /agent executes the project agreement(s) with any such revisions, all terms and conditions of the executed project agreement (including but not limited to the indemnification, the waiver of sovereign immunity, and the legal venue stipulation) shall be conclusively deemed to be executed with our authorization. 8. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 9. Our organization acknowledges and warrants, after conferring with its legal counsel, that no additional legal authorization beyond this authorization is required to make the indemnification, the waiver of sovereign immunity (as may apply to Tribes), and the legal venue stipulation substantially in form shown on the sample project agreement or as may be revised prior to execution legally binding on our organization upon execution by our representative /agent. 10. (Recreation and Conservation Funding Board Grant Programs Only] If match is required for the grant, we understand our organization 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 matching share commitments to this project should they not materialize. 11. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis. We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until the Project is complete. 12. [Acquisition Projects Only] Our organization acknowledges that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to in writing by our organization and the Office. 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 the Office's standard versions of those documents), to be recorded on the title of the property with the county auditor. 13. [Acquisition Projects Only] Our organization acknowledges that any property acquired in fee title must be immediately made available to the public unless otherwise provided for in policy, the project agreement, or authorized in writing by the Office Director. 14. [Development, Renovation, Enhancement, and Restoration Projects Only — I f your organization owns the propertyl Our organization acknowledges that any property owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the project agreement or an amendment thereto. 15. [Development, Renovation, Enhancement, and Restoration Projects Only— If your organization DOES NOT own the pro pert Our organization acknowledges that any property not owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant as required by grant program policies unless otherwise provided for per the project agreement or an amendment thereto. 16. [Only for Projects located in Water Resources Inventory Areas 1 -19 that are applying for funds from the Critical Habitat, Natural Areas, State Lands Restoration and Enhancement, Riparian Protection, or Urban Wildlife Habitat grant categories; or the Puget Sound Acquisition and Restoration program, or a Salmon Recovery Funding Board approved grant] Our organization certifies the following: the Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. 17. This resolution /authorization is deemed to be part of the formal grant application to the Office. 18. Our organization warrants and certifies, after conferring with its legal counsel, that this resolution /authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein. [Native American Tribes, Local Governments, and Nonprofit Organizations Only] This application authorization was adopted by our organization during the meeting held: APPROVED this 11th day of September, 2018 1+ J A NT "C O�.0 /� -r Dana 9mm bavir,Cief{ of the Council r r -q S H 1��`' •` `w. r rrrr��►rit ti��a',� APPROV AS� FORM: 4 Karen N. Frakes, Chief Civil Deputy Prosecutor Washington State Attorney General's Office All Approved as to form FLOOD WHAT( Rud BroNne, Chairman Board of Supervisors Assistance Attorney General Date