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Home My WebLink Aboutres2022-019.,' Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2022-193 File ID: AB2022-193 Version: 1 Status: Approved File Created: 03/17/2022 Entered by: AKell@co.whatcom.wa.us Department: Public Works File Type: Resolution (FCZDBS) Department Assigned to: Council Finance and Administrative Services Committee Final Action: 04/26/2022 Agenda Date: 04/26/2022 Enactment #: RES 2022-019 Primary Contact Email: sdraper@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Resolution authorizing the County Executive to sign the Black Slough Comprehensive Barrier Removal Design Project grant application to the Brian Abbott Fish Barrier Removal Board (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Approval is requested for a resolution that authorizes the County Executive, acting on behalf of the Whatcom County Flood Control Zone District, to submit a grant application to the Brian Abbott Fish Barrier Removal Board (BAFBRB) HISTORY OF LEGISLATIVE FILE Date: Acting Body: 04/12/2022 Council Action: Sent To: INTRODUCED Council Finance and Administrative Services Committee Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0 Absent: 0 04/26/2022 Council Finance and Administrative RECOMMENDED FOR Services Committee APPROVAL Aye: 3 Byrd, Frazey, and Kershner Nay: 0 Absent: 0 Whatcom County Page 1 Printed on 412712022 Agenda Bill Master Report Continued (AB2022-193) 04/26/2022 Council APPROVED Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0 Absent: 0 Attachments: Staff memo, Proposed resolution Whatcom County Page 2 Printed on 412712022 PROPOSED BY: PUBLIC WORKS INTRODUCED: April 12 , 2022 RESOLUTION NO.2022- 019 AUTHORIZATION FOR APPLICATION TO THE BRIAN ABBOTT FISH BARRIER REMOVAL BOARD — BLACK SLOUGH COMPREHENSIVE BARRIER REMOVAL DESIGN Organization Name (sponsor): Whatcom County Flood Control Zone District Project Number and Name(s)RCO No. 21-1536 — Black Slough Comprehensive Barrier Removal Design This resolution/authorization authorizes the person(s) 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, 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 acting as 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." 2. Our organization authorizes the following persons or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding our organization on the above projects: Grant Document Name of Signatory or Title of Person Authorized to Sign Grant application submission thereof Sat al Singh Sidhu, Whatcom County Executive Project contact (day-to-day administering of John N. Thompson, Senior Salmon Recovery Planner the grant and communicating with the RCO) Whatcom County Public Works RCO Grant Agreement (Agreement) Sat al Singh Sidhu, Whatcom County Executive Agreement amendments Sat al Singh Sidhu, Whatcom County Executive Authorizing property and real estate Satpal Singh Sidhu, Whatcom County Executive documents (Notice of Grant, Deed of Right or Assignment of Rights if applicable). These are items that are typical recorded on the property with the county. The above persons are considered an "authorized representative(s)/agent(s)" for purposes of the documents indicated. Our organization shall comply with a request from the RCO to provide documentation of persons who may be authorized to execute documents related to the grant. 3. Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation Office's WEB SITE at: https://rco.wa.gov/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 representative(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. 9. 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. This resolution/authorization is deemed to be part of the formal grant application to the Office. 11. 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. This resolution/authorization is signed and approved on behalf of the resolving body of our organization by the following authorized member(s): APPROVED this 26th day of April 2022 ATT Dana B%)w#t.D'a` isA„ ,lerk of'f,he Council APPROVED AS TO FORM: Christopher Quinn by Aeu 3/17/2022 WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT WHATCON{ COUNTY, WASHINGTON 2 Todd Donovan, Chairman Whatcom County Council on behalf of the Whatcom County Flood Control Zone District Christopher Quinn, Senior Civil Deputy Prosecuting Attorney On File This Applicant Resolution/Authorization was adopted by our organization during the meeting held: (Local Governments and Nonprofit Organizations Only): Location: Date: Washington State Attorney General's Office Approved as to form Assistant Attorney General Date 2/13/2020 You may reproduce the above language in your own format; however, text may not change.