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Home My WebLink Aboutres2024-029Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Report File Number: AB2024-366 File ID: AB2024-366 Version: 1 Status: Approved File Created: 05/23/2024 Entered by: LTemplet@co.whatcom.wa.us Department: Planning and File Type: Resolution Development Services Department Assigned to: Council Finance and Administrative Services Committee Final Action: 06/04/2024 Agenda Date: 06/04/2024 Enactment #: RES 2024-029 Related Files: Primary Contact Email: ltemplet@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Resolution authorizing the County Executive to act as the authorized representative on behalf of Whatcom County for Washington State Recreation and Conservation Office (RCO) Washington Wildlife and Recreation Forestland Preservation project grants SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: 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 Forestland Preservation project grants. Please see attached staff memo for full summary. HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: 06/04/2024 Council Finance and Administrative RECOMMENDED FOR Services Committee APPROVAL Aye: 3 Byrd, Galloway, and Donovan Nay: 0 Sent To: 06/04/2024 Council APPROVED Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler Whatcom County Page 1 Printed on 61512024 Agenda Bill Report Continued (AB2024-366) Nay: 0 Attachments: Staff Memo, Proposed Resolution Whatcom County Page 2 Printed on 6/5/2024 SPONSORED BY: PROPOSED BY: Planning INTRODUCTION DATE: RESOLUTION # 2024-029 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 Forestland Preservation project grants Project Numbers and Names 24-1983A Maple Falls Forestry Conservation Easement 24-1886A Canyon Creels 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. 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: 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: littps:Hrco.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 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. 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. 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. 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. This resolution/authorization is deemed to be part of the formal grant application to the Office. 13. Our organization warrants and certifies that this resolution 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 is signed and approved on behalf of the resolving body of our organization by the following authorized member(s): APPROVE,ntjijsi <. 4th day of June , 2024 magi®e e 04 ATT Q � W Dana.,BroWn�bav�i l0 �unciI Clerk APPROVED as to form: Approved via email Kellen Kooistra/LB Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON V B byucghajdi, Council Chair E)