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File ID: AB2020-185
File Created: 04/20/2020
Department: Planning and
Development Services
Department
Whatcom County
Agenda Bill Master Report
File Number: AB2020-185
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Version: 1 Status: Approved
Entered by: RSnijder@co.whatcom.wa.us
File Type: Resolution
Assigned to: Council Final Action: 05/05/2020
Agenda Date: 05/05/2020 Enactment #: Res 2020-014
Primary Contact Finail: rsnijder@whatcomcounty.us
TITLE FOR AGENDA ITEM:
Resolution authorizing Whatcom County Executive Satpal Sidhu to act as the authorized representative
on behalf of Whatcom County for Washington State Recreation and Conservation Office (Office)
Washington Wildlife and Recreation Farmland and Forestland Preservation project grants
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Resolution required to apply for grant funding to support the Purchase of Development Rights Program,
with grant applications due by 6/l/2020. Please see attached staff memo for details.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
05/05/2020 Council APPROVED
Aye: 6 Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 Elenbaas
Absent: 0
Attachments: Staff Memo, Proposed Resolution
Whatcom County Page 1 Printed on 51712020
SPONSORED BY:
PROPOSED BY: Planning
INTRODUCTION DATE:
RESOLUTION # 2020-014
Authorizing Whatcom County Executive Satpal Sidhu to act as the authorized
representative on behalf of Whatcom County for Washington State Recreation and
Conservation Office (Office) Washington Wildlife and Recreation Farmland and
Forestland Preservation project grants
Project Numbers and Names
20-1529A Bishop Agricultural Conservation Easement
20-1583A Rethlefsen Agricultural Conservation Easement
20-1584A VanderWerff Agricultural Conservation Easement
20-1585A Moors Forestry Conservation Easement
WHEREAS, grant assistance is requested by our organization to aid in financing the cost of
the Project(s) referenced above;
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that:
1. Our organization has applied for or intends to apply for funding assistance managed by
the Office for the above Projects.
2. Satpal Sidhu, Whatcom County 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 Projects, including but not limited 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 Projects, and (5) designate a
project contact to implement day-to-day management of the grant(s).
Our organization has reviewed the sample RCO Grant Agreement on the Recreation
and Conservation Office's WEB SITE at: https://reo.wa. ov/wp-
content/uploads/2019/06/SampleProjAgreement.pdf. We understand and acknowledge
that if offered an agreement to sign in the future, it will contain an indemnification and
legal venue stipulation and other terms and conditions substantially in the form
contained in the sample Agreement and that such terms and conditions of any signed
Agreement shall be legally binding on the sponsor if our representative/agent enters
into an Agreement on our behalf. The Office reserves the right to revise the Agreement
prior to execution.
4. Our organization acknowledges and warrants, after conferring with its legal counsel,
that its authorized rep resentative(s)/agent(s) have full legal authority to act and sign on
behalf of the organization for their assigned role/document.
5. Grant assistance is contingent on a signed Agreement. Entering into any 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
Agreement, the characteristics of the project, and the characteristics of our
organization.
7. Our organization further understands that prior to our authorized
representative(s)/agent(s) executing any of the documents listed above, the RCO may
make revisions to its sample Agreement and that such revisions could include the
indemnification and the legal venue stipulation. Our organization accepts the legal
obligation that we shall, prior to execution of the Agreement(s), confer with our
authorized representative(s)/agent(s) as to any revisions to the project Agreement from
that of the sample Agreement. We also acknowledge and accept that if our authorized
representative(s)/agent(s) executes the Agreement(s) with any such revisions, all terms
and conditions of the executed Agreement 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.
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 all project deliverables, grant reports, or other
responsibilities are complete.
10. 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. 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 Agreement, or authorized in writing by the Office Director.
11. This resolution/authorization is deemed to be part of the formal grant application to the
Office.
12. Our organization warrants and certifies 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.
APPROVED thiS 5th day of May , 2020
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WHATCOM COUNTY COUNCIL
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