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Home My WebLink Aboutres2018-046WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 9,Q1 R-V�4 CLEARANCES Initial Date Date Received in Council Qffice Agenda Date Assigned to: Originator: R. Lamb 111612018 -A -',A 1 -"., ly" '2 li 1112012018 Finance /Council Division Head: NO3 2 V 101 Dept. Head: M.M.11161'2018 VV H A M rV, ell 'O 0 U Nil, G fl�[ Prosecutor: -7118 Purchasing/Budget:ii/q/4 Executive: I / I-rTil TITLE OF D6 t'U#^17. South Fork Park Trail Development. 18-25 76 Application and Authorizing Resolution A TTA CHMENTS. SEPA review required? ) Yes X ) NO Should Clerk schedule a hearing? Yes X) NO SEPA review completed? ) Yes NO Requested Date: S UMMA R Y S TA TEMENT 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 through Michael McFarlane to make application and enter into a grant agreement with the WA State Recreation and Conservation Office (RCO) for funding through the Nonhighway and Off -Road Vehicle Activities Program (NOVA) in the amount of $200,000 for trail development at South Fork Park. COMMITTEE ACTION. • COUNCIL ACTION.• 11/20/18: Recommended for adoption 11/20/18: Approved 7-0 Related County Contract Related File Numbers: Ordinance or Resolution Number: Res 2018-046 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's websiteat. www.co.whatcom.wa.usleouncil. PROPOSED BY: INTRODUCED: RESOLUTION NO: 2018-046 RECREATION and CONSERVATION OFFICE NONHIGHWAY AND OFF -ROAD VEHICLE ACTIVITIES PROGRAM (NOVA) GRANT APPLICATION AUTHORIZATION/RESOLUTION SOUTH FORK PARK MULTI -USE TRAIL DEVELOPMENT Project(s) Number(s), and Name(s) 18-2576 DEV - SOUTH FORK PARK MULTI -USE TRAIL DEVELOPMENT 2018 This resolution/authorization 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; NOW, THEREFORE, BE IT RESOLVED that: 1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Project(s)." Michael McFarlane, Director Whatcom County Parks & Recreation 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: https://rco.wa.gov/documents/manuals&forms/SampleProjAgreement.pdf. 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. 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. 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. 13. This resolution/authorization is deemed to be part of the formal grant application to the Office. 14. 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. This application authorization was adopted by our organization during the meeting held: APPROVED this 20 Day of November , 2018. WHATCOM COUNTY EXECUTIVE Elizabeth Gallery, ivil Deputy Prosecutor Washington State Attorney General's Office Approved as to form 1/19/18 Assistant Attorney General Date y® d 9 e C 0 VIA Q , 1NT NCIL 0 B own his' of the Council WHAT O C N WASHINGTON Rud 6owne, Council Chair