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Home My WebLink Aboutres2024-025Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Report File Number: AB2024-355 File ID: AB2024-355 Version: 1 Status: Approved File Created: 05/22/2024 Entered by: SBatdorf@co.whatcom.wa.us Department: Parks and Recreation File Type: Resolution Department Assigned to: Council Finance and Administrative Services Committee Final Action: 06/04/2024 Agenda Date: 06/04/2024 Enactment #: RES 2024-025 Related Files: Primary Contact Email: sbatdorf@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Resolution requesting authorization to make an application and enter into a grant agreement with the Washington State Recreation and Conservation Office for funding through the Aquatic Lands Enhancement Act Program for completion of the initial phase of park improvements at Birch Bay Beach Park SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: See Staff Memo HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 06/04/2024 Council Finance and Administrative RECOMMENDED FOR Services Committee APPROVAL Aye: 3 Byrd, Galloway, and Donovan Nay: 0 06/04/2024 Council APPROVED Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler Nay: 0 Attachments: Memorandum, Resolution Whatcom County Page 1 Printed on 6/5/2024 PROPOSED BY: INTRODUCED: RESOLUTION NO: 2024-025 AQUATIC LANDS ENHANCEMENT ACT (ALEA) GRANT APPLICATION AUTHORIZATION/RESOLUTION Project(s) Number(s), and Name(s) 24-1979, Birch Bay Beach Park Development 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 that: 1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Project(s)." 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 application (submission thereof) Bennett Knox, Director Whatcom County Parks & Rec. Project contact (day-to-day Rod Lamb, Design & Development Supervisor administering of the grant and communicates with the RCO) RCO Grant Agreement (Agreement) — Sat al Sidhu, Whatcom County Executive Agreement amendments Satpal Sidhu, Whatcom County Executive .... ......... .. ........ ........ ._........ ...... ... ......... ........ ......... ..... Authorizing property and real estate Satpal 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��— 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:Hrco.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 rep rese ntative(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 rep resentative(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 rep rese ntative(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. [for 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. 10. 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. 11. [for 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. 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. 12. [for Development, Renovation, Enhancement, and Restoration Projects Only —If our organization owns the project property] 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 Agreement or an amendment thereto. 13. [for Development, Renovation, Enhancement, and Restoration Projects Only —If your orqanization DOES NOT own the property] 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 Agreement or an amendment thereto. 14. [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; Aquatic Lands Enhancement Account; 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. 15. This resolution/authorization is deemed to be part of the formal grant application to the Office. 16. 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 application authorization was adopted by our organization during the meeting held: �6��g�6iYeY619gQ�jJ9 - AP?ROb D flji�VV �of June rc ATTEST wr��lh' a Dana Brown -Davis; erk bfthe Council y. `s APPROVED TO FORM: Approved by email / BW Brandon Waldron, Civil Deputy Prosecutor Washington State Attorney General's Office Approved as to form 12024. Assistant Attorney General WHATCOM COUNTY COUNCIL 7 b",.Jhanan,T•uncil Chair 2/13/2020 Date