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Home My WebLink Aboutres2026-013Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 >- Bellingham, WA 98225-4038 (360)778-5010 Agenda Bill Master Report File Number: AB2026-295 File ID: AB2026-295 Version: 1 Status: Approved File Created: 04/02/2026 Entered by: jsmiley@co.whatcom.wa.us Department: Public Works File Type: Resolution (FCZDBS) Department Assigned to: Council Finance and Administrative Services Committee Final Action: 04/28/2026 Agenda Date: 04/28/2026 Enactment #: RES 2026-013 Related Files: Primary Contact Email: SDraper@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Resolution authorizing the submission of three independent grant applications to the Brian Abbott Fish Barrier Removal Board to restore fish passage at the Black Slough and Homesteader culverts and to complete the final design and permitting of the Tinling Creek culvert project (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Please see attached Memo HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 04/14/2026 Council INTRODUCED Council Finance and Administrative Services Committee Aye: 7 Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 04/28/2026 Council Finance and Administrative FORWARDED TO COUNCIL Services Committee WITHOUT A RECOMMENDATION 04/28/2026 Council APPROVED Aye: 7 Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 Whatcom County Page 1 Printed on 4/29/2026 Agenda Bill Master Report Continued (AB2026-295) Attachments: Staff Memo, Proposed Resolution, Notice of Action Proposed on 4.14.2026 Whatcom County Page 2 Printed on 412912026 PROPOSED BY: PUBLIC WORKS NATURAL RESOURCES DIVISION INTRODUCED: APRIL 14, 2026 RESOLUTION NO. 2026-013 AUTHORIZATION FOR APPLICATION TO THE BRIAN ABBOTT FISH BARRIER REMOVAL BOARD -BLACK SLOUGH COMPREHENSIVE BARRIER REMOVAL DESIGN WHEREAS, grant assistance is requested by our organization to aid in financing the costs of Projects: RCO No. 26-1066 Black Slough Fish Barrier Construction RCO No. 26-1067 Homesteader Fish Barrier Final Design and Construction RCO No. 26-1069 Tinling Creek Final Design; and WHEREAS, this resolution authorizes the person(s) identified below 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). NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council, acting as the Whatcom County Flood Control Zone District Board of Supervisors, that our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Projects"; and BE IT FURTHER RESOLVED by the Whatcom County Council that 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 Satpal Singh Sidhu, Whatcom County Executive thereof Project contact (day-to-day John N. Thompson, Senior Salmon Recovery Planner administering of the grant and Whatcom County Public Works communicating with the RCO RCO Grant Agreement (Agreement) Sat al Sin h Sidhu, Whatcom County Executive Agreement amendments Satpal Singh Sidhu Whatcom County Executive Authorizing property and real estate Satpal Singh Sidhu, Whatcom County Executive documents (Notice of Grant, Deed Douglas Ranney, Whatcom County Engineer -County Right of of Right or Assignment of Rights if Way applicable). These are items that are typically recorded on the property with the County. The above persons are considered an "authorized rep resentative(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; and BE IT FURTHER RESOLVED by the Whatcom County Council that our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation Office's WEB SITE at: https://rco.wa.aov/wp-content/uploads/2019/06/SampleProiAgreement.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; and BE IT FURTHER RESOLVED by the Whatcom County Council that 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; and BE IT FURTHER RESOLVED by the Whatcom County Council that grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is purely voluntary on our part; and BE IT FURTHER RESOLVED by the Whatcom County Council that 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; and BE IT FURTHER RESOLVED by the Whatcom County Council that 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 rep resentative(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; and BE IT FURTHER RESOLVED by the Whatcom County Council that 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; and BE IT FURTHER RESOLVED by the Whatcom County Council that 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; and BE IT FURTHER RESOLVED by the Whatcom County Council that this resolution/authorization is deemed to be part of the formal grant application to the Office; and BE IT FURTHER RESOLVED by the Whatcom County Council that 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; and BE IT FINALLY RESOLVED by the Whatcom County Council that 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. APPROVED this 28th day of April WHATCOM C6� NTYL"bL. ATTEST'" SOFT 9 0 w dat h—T:Hallo , CIe- k t e CoufnciI 4 ® S-fATE OF APPROVED Approved via email`<04/02/2026 Tom Seguine, Chief Civiu)eputy Prosecutor 2026 WHATCOM COUNTY, WASHINGTON Kaylee Iloway, Council Chai