HomeMy WebLinkAbout036 18JEFFERSON COUNTY
STATE OF WASHINGTON
In the Matter of Authorizing the Jefferson }
County Board of Commissioners to Legally }
Bind Jefferson County with Respect to Three } RESOLUTION NO. 36-18
Applications for Grant Assistance to the RCO}
in 2018 1
Project(s) Number(s), and Name(s) RCO #18-1227: Lower Big Quilcene Floodplain Acquisitions
2018• RCO #18-1228: Dosewallips R Powerlines Acquisition and Design; and RCO #18-2005:
Spruce Canyon to South Fork Hoh River Planning
This resolution authorizes the person 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, state 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)."
2. Jefferson County Board of Commissioners is authorized to act as a representative/agent for our
organization with full authority to bind the organization regarding all matters related to the
Project(s), including but not limited to, full authority 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 Project(s), and (5) designate a project contact(s) to
implement the day-to-day management of the grant(s).
3. Our organization has reviewed the sample project agreement on the Recreation and
Conservation Office's WEBSITE at:
https:Hrco.wa.gov/documents/manuals&forms/SampleProjAgreement.pdf. We understand and
acknowledge that if offered a project agreement to sign in the future, it will contain an
indemnification and legal venue stipulation (applicable to any sponsor) and a waiver of
sovereign immunity (applicable to Tribes) and other terms and conditions substantially in the
form contained in the sample project agreement and that such terms and conditions of any signed
project agreement shall be legally binding on the sponsor if our representative/agent enters into a
project agreement on our behalf. The Office reserves the right to revise the project agreement
prior to execution and shall communicate any such revisions with the above authorized
representative/agent before execution.
4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its
authorized representative/agent has full legal authority to enter into a project agreement(s) on its
behalf, that includes indemnification, waiver of sovereign immunity (as may apply to Tribes),
and stipulated legal venue for lawsuits and other terms substantially in the form contained in the
sample project agreement or as may be revised prior to execution.
5. Grant assistance is contingent on a signed project agreement. Entering into any project
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 project agreement, the
characteristics of the project, and the characteristics of our organization.
7. Our organization further understands that prior to our authorized representative/agent executing
the project agreement(s), the RCO may make revisions to its sample project agreement and that
such revisions could include the indemnification, the waiver of sovereign immunity, and the
legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to
execution of the project agreement(s), confer with our authorized representative/agent as to any
revisions to the project agreement from that of the sample project agreement. We also
acknowledge and accept that if our authorized representative/agent executes the project
agreement(s) with any such revisions, all terms and conditions of the executed project agreement
(including but not limited to the indemnification, the waiver of sovereign immunity, and the
legal venue stipulation) 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 and warrants, after conferring with its legal counsel, that no
additional legal authorization beyond this authorization is required to make the indemnification,
the waiver of sovereign immunity (as may apply to Tribes), and the legal venue stipulation
substantially in form shown on the sample project agreement or as may be revised prior to
execution legally binding on our organization upon execution by our representative/agent.
10. (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.
11. 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 the
Project is complete.
12. [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.
13. [Acquisition Projects Only] 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 project agreement, or authorized in writing by the Office Director.
14. [Development, Renovation, Enhancement, and Restoration Projects Only — If your organization
owns the 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 project agreement or an amendment thereto.
15. [Development, Renovation, Enhancement, and Restoration Projects Only — If your
organization 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 project agreement or an amendment
thereto.
16. [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; 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.
17. This resolution/authorization is deemed to be part of the formal grant application to the Office.
18. Our organization warrants and certifies, after conferring with its legal counsel, 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.
[Native American Tribes, Local Governments, and Nonprofit Organizations Only] This application
authorization was adopted by our organization during the meeting held:
Date ��
[All Applicants] Signed and approved on behalf of the resolving body of the organization by the
following authorized member(s):
Signed
Title J ��P� OV) L6Wfyj e'dYrU'n./ Oyjs Date
Washington State Attorney General's Office
Approved as to form
`— 1/19/18
Assistant Attorney General Date
Approved as f<��
CL
_ / � Date:
Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney's Office
o� cof�
44-$°N C0
August 8, 2018
Board of County Commissioners
1820 Jefferson Street
PO Box 1220
Port Townsend, WA 98368
Kate Dean, District 1 David Sullivan, District 2 Kathleen Kler, District 3
Washington State Recreation and Conservation Office
ATTN: Josh Lambert
Natural Resources Building
Olympia, WA 98504-0917
Email: josh.lambertkrco.wa.gov
Dear Recreation and Conservation Office,
On August 6, 2018, the Jefferson County Board of Commissioners passed RESOLUTION NO.
36-18, legally binding Jefferson County with respect to future actions on three projects for which
we seek grant funding assistance managed through the Recreation and Conservation Office
(RCO): RCO # 18-1227 Lower Big Quilcene Floodplain Acquisitions 2018, RCO # 18-1228
Dosewallips R Powerlines Acquisition and Design, and RCO # 18-2005 Spruce Canyon to South
Fork Hoh River Planning. A copy of RESOLUTION NO. 36-18, as required to remain eligible
to apply for RCO grant funding, is attached to this letter. We initially had concerns about the
broad language in the Resolution, as it applied to the waiver of sovereign immunity by Tribes,
but upon review of the Sample Agreement language on the RCO website, we are pleased to note
that Section 45 of that document better articulates the limited purpose and scope of the waiver.
We respectfully request that any future grant agreements between Jefferson County and the
RCO, and future versions of the Applicant Resolution/Authorization, include the same limited
waiver language as presently contained in the Sample Agreement.
The funding provided through the RCO has been, and continues to be, an indispensable source
for worthwhile projects which feature valuable collaborations. Like the RCO, Jefferson County
takes seriously the interests and priorities expressed by Tribes, and we appreciate and encourage
ongoing efforts to tailor the RCO's Applicant Resolution and contract language to best meet the
needs of all parties.
Sincerely,
David Sullivan, Chair
Enclosure
Phone (360) 385-9100 Fax (360) 385-9382 jeffbocc@co.jefferson.wa.us
Public Hea
TO:
FROM:
DATE:
615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SUBJECT:
AGENDA REQUEST
Board of County Commissioners
Philip Morley, County Administrator
Stuart Whitford, Environmental Public Health Director
Tami Pokorny, Natural Resources Program Coordinator
August 6, 2018
RESOLUTION re: Authorizing Jefferson County Board of
Commissioners to Legally Bind Jefferson County with Respect
to Three Applications for Grant Assistance to the RCO in 2018
STATEMENT OF ISSUE:
44edr M-opd[Aa and Consider approval of a draft resolution re: Authorizing the Jefferson County Board of
Commissioners to Legally Bind Jefferson County with Respect to Three Applications for Grant
Assistance to the Recreation and Conservation Office.
ANALYSIS:
On July 25th, Environmental Public Health presented a specifically worded draft resolution authorizing
the Jefferson County Board of Commissioners to bind the County in any future project agreements,
acknowledging the state's sample project agreement language, and other stipulations. The resolution is
required by the RCO for inclusion in three floodplain restoration projects seeking salmon recovery or
Washington Coast Restoration and Resiliency Initiative (WCRRI) funding:
1. SRFB RCO #18-1227: Lower Big Quilcene Floodplain Acquisitions 2018 Acquisition Project to
acquire and protect additional key floodplain properties from willing sellers leading to restoration
of the lower mile of the river.
2. SRFB RCO #18-1228: Dosewallips R Powerlines Acquisition and Design Project to develop a
preliminary restoration design for the Powerlines Reach and to acquire eroding recreational lots
from willing sellers in anticipation of a second project phase.
3. WCRRI RCO #18-2005: Spruce Canyon to South Fork Hoh River Planning Project to develop a
community-based Floodplain Restoration and Resiliency Plan and conceptual restoration designs.
Contingent upon resolution approval, future agreements with the RCO for successful applications would
be submitted to the BoCC for approval in 2019. The first project application submission deadline is
August 9, 2018.
Community Health Environmental Health
Developmental Disabilities Water Quality
360-385-9400 360-385-9444
360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487
FISCAL IMPACT:
&o@1!ji5Fv. If the resolution isn't approved, the County would potentially stand to lose up to $809,730 in `✓� //
grant awards.
RECOMMENDATION:
4pprov the resolution re: authorizing the Jefferson County Board of
Commissioners to Legally Bind Jefferson County with Respect to Three Applications for Grant
Assistance to the RCO in 2018.
REVIEWED BY:
Philip Morley, Co dministrator
Community Health
Developmental Disabilities
360-385-9400
360-385-9401 (f)
Date
Always working for a safer and healthier community
Environmental Health
Water Quality
360-385-9444
(f) 360-379-4487
JEFFERSON COUNTY
STATE OF WASHINGTON
In the Matter of Authorizing the Jefferson }
County Board of Commissioners to Legally }
Bind Jefferson County with Respect to Three } RESOLUTION NO.
Applications for Grant Assistance to the RCO}
in 2018 1
Project(s) Number(s), and Name(s) RCO #18-1227: Lower Big Quilcene Floodplain Acquisitions
2018; RCO #18-1228: Dosewallips R Powerlines Acquisition and Design; and RCO #18-2005:
Spruce Canyon to South Fork Hoh River Planning
This resolution authorizes the person 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, state 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)."
2. Jefferson County Board of Commissioners is authorized to act as a representative/agent for our
organization with full authority to bind the organization regarding all matters related to the
Project(s), including but not limited to, full authority 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 Project(s), and (5) designate a project contact(s) to
implement the day-to-day management of the grant(s).
Our organization has reviewed the sample project agreement on the Recreation and
Conservation Office's WEBSITE at:
Zs://rco.wa.2ov/documents/manuals&forms/SampleProjAueement.pdf. We understand and
acknowledge that if offered a project agreement to sign in the future, it will contain an
indemnification and legal venue stipulation (applicable to any sponsor) and a waiver of
sovereign immunity (applicable to Tribes) and other terms and conditions substantially in the
form contained in the sample project agreement and that such terms and conditions of any signed
project agreement shall be legally binding on the sponsor if our representative/agent enters into a
project agreement on our behalf. The Office reserves the right to revise the project agreement
prior to execution and shall communicate any such revisions with the above authorized
representative/agent before execution.
4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its
authorized representative/agent has full legal authority to enter into a project agreement(s) on its
behalf, that includes indemnification, waiver of sovereign immunity (as may apply to Tribes),
and stipulated legal venue for lawsuits and other terms substantially in the form contained in the
sample project agreement or as may be revised prior to execution.
5. Grant assistance is contingent on a signed project agreement. Entering into any project
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 project agreement, the
characteristics of the project, and the characteristics of our organization.
7. Our organization further understands that prior to our authorized representative/agent executing
the project agreement(s), the RCO may make revisions to its sample project agreement and that
such revisions could include the indemnification, the waiver of sovereign immunity, and the
legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to
execution of the project agreement(s), confer with our authorized representative/agent as to any
revisions to the project agreement from that of the sample project agreement. We also
acknowledge and accept that if our authorized representative/agent executes the project
agreement(s) with any such revisions, all terms and conditions of the executed project agreement
(including but not limited to the indemnification, the waiver of sovereign immunity, and the
legal venue stipulation) 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 and warrants, after conferring with its legal counsel, that no
additional legal authorization beyond this authorization is required to make the indemnification,
the waiver of sovereign immunity (as may apply to Tribes), and the legal venue stipulation
substantially in form shown on the sample project agreement or as may be revised prior to
execution legally binding on our organization upon execution by our representative/agent.
10. (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.
11. Our organization acknowledges that if itreceivesgrant 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 the
Project is complete.
12. [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.
13. [Acquisition Projects Only] 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 project agreement, or authorized in writing by the Office Director.
14. [Development, Renovation, Enhancement, and Restoration Projects Only — If your organization
owns the 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 project agreement or an amendment thereto.
15. [Development, Renovation, Enhancement, and Restoration Projects Only — If your
organization DOES NOT own the property l 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 project agreement or an amendment
thereto.
16. [Only for Projects located in Water Resources Inventory Areas I —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; 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.
17. This resolution/authorization is deemed to be part of the formal grant application to the Office.
18. Our organization warrants and certifies, after conferring with its legal counsel, 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.
[Native American Tribes, Local Governments, and Nonprofit Organizations Only] This application
authorization was adopted by our organization during the meeting held:
Location
Date
[All Applicants] Signed and approved on behalf of the resolving body of the organization by the
following authorized member(s):
Signed
Title
Washington State Attorney General's Office
Approved as to form
�`— 1/19/18
Assistant Attorney General Date
JEFFERSON COUNTY
STATE OF WASHINGTON
In the Matter of Authorizing the Jefferson }
County Board of Commissioners to Legally }
Bind Jefferson County with Respect to Three } RESOLUTION NO.
Applications for Grant Assistance to the RCO}
in 2018 }
Bocc SAV/19
Project(s) Number(s), and Name(s) RCO #18-1227: Lower Big Ouilcene Floodplain Acquisitions
2018• RCO #18-1228• Dosewallips R Powerlines Acquisition and Design, and RCO #18-2005:
Spruce Canyon to South Fork Hoh .River Planning
This resolution authorizes the person 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, state 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)."
2. Jefferson County Board of Commissioners is authorized to act as a representative/agent for our
organization with full authority to bind the organization regarding all matters related to the
Project(s), including but not limited to, full authority 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 Project(s), and (5) designate a project contact(s) to
implement the day-to-day management of the grant(s)-
3. Our organization has reviewed the sample project agreement on ion an'I t
Conservation Office's WEBSITE at: 44, 3+r. t yc
hit l� r�°o. �a.eo�,'cic�ct�rra�.tnt�'Y �inusil t ft;�i�� <�Fn '�tL<,rc oy�l��tltliit. We understand and
acknowledge that if offered a project agreement to sign in the future„je will contain an 7''t—f
�► indemnification and legal venue sti ulation (applicable to any sponsor�f
and other terms and conditions substantially in the
orm contained in the sample project agreement and that such terms and conditions of any signed
project agreement shall be legally binding on the sponsor if our representative/agent enters into a
project agreement on our behalf. The Office reserves the right to revise the project agreement
prior to execution and shall cominunicate any such revisions with the above authorized
representative/agent before execution.
4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its
authorized representative/agent has full legal authority to enter into a project agreement(s) on
behalf, that includes indemnification, vai
4-
f y '�
C.
and stipulated legal venue for lawsuits and other terms substantial m the foam conta' din the
cution
sample project agreement or as may be revised prior to exe
5. Grant assistance is contingent on a signed project agreement. E tering into any projec
agreement with the Office is purely voluntary on our part.
b. Our organization understands that grant policies and requireme is vary depending on he grant
program applied to, the grant program and source of funding in he project agreeme , the
characteristics of the project, and the characteristics of our org ization.
7. Our organization further understands that prior to our authoriz d representative/ag t executing
the project agreement(s), the RCO may make revisions to its triple project agreeint and that
such revisions could include the indemnification, theCaiver f sovereign immunit ; and the
legal venue stipulation. Our organization accepts the legal o igation that we shall, prior to
execution of the project agreement(s), confer with our autho ed representative/agent as to any
revisions to the project agreement fiom that of the sample pt ject agreement. We also
acknowledge and accept that if our authorized representativ /agent executes the project
agreement(s) with any such revisions, all terms and condid ns of the executed project agreement
(including but not limited to the indemnification, the waive of sovereign immunity, and the
legal venue stipulation) shall be conclusively deemed to be xecuted with our authorization.
8. Any grant assistance received will be used for only direct ligible and allowable costs that are
reasonable and necessary to implement the project(s) refe nced above.
9. Our organization acknowledges and warrants, after confe ing with its legal counsel, that no
additional legal authorization be and this authorization is quired to make the indemnification,
d the legal venue' stipulation
VVV substantially in form shown on the sample project agr nt or as may be revised prior to
execution legally binding on our organization upon execution by our representative/agent.
10. (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_
11. 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 the
Project is complete.
12. [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.
13. [Acquisition Projects Only] 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 project agreement, or authorized in writing by the Office Director.
14. [Development, Renovation, Enhancement, and Restoration Projects Only — If your organization
owns the propertyl 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 project agreement or an amendment thereto.
15. [Development, Renovation, Enhancement, and Restoration Projects Only — If your
organization DOES NOT own the properq], 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 project agreement or an amendment
thereto.
16. [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; 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.
17. This resolution/authorization is deemed to be part of the formal grant application to the Office.
18. Our organization warrants and certifies, after conferring with its legal counsel, 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 w i-anties, certifications, promises and obligations set forth
liar -in - / .F�
Location
Date
[All Applicants] Signed and approved on behalf of the resolving body of the organization by the
following authorized member(s):
Signed
Title
Washington State Attomey General's Office
Date
Approved as to form
1/19/18
Assistant Attorney General Date
ORI (Originating Agency Identifier — a nine -digit code used by agencies on the law enforcement
network).
Any law enforcement requests for the Tribe's records maintained by the CCSO will be
handled by the CCSO. Any public disclosure requests received by CCSO for the Tribe's records
will be processed in collaboration with the Tribe's legal advisor.
9. Jurisdictional Disclaimer a Sovereign Immum
othing in this Agreement grants the State, County, or the Tribe any jurisdiction that it
id not have before the Agreement was signed. Rather, this Agreement simply authorizes the
CCSO to enforce tribal law, which includes State law incorporated by reference into tribal law,
within Jamestown Indian Country. This Agreement does not authorize CCSO enforcement of the
tribal fishing and hunting codes, except as already permitted prior to adoption of this Agreement.
The Tribe authorizes a limited waiver of sovereign immunity for the sole and limited
purpose of enforcing the mutual indemnities in Section 16 of this agreement. Venue for any
action filed under this waiver of immunity shall be in the United States District Court, Western
District of Washington or if that court lacks jurisdiction, then in the Superior Court of Clallam
County. Along with Section 16, the terms of Section 9 shall survive the termination or expiration
of this agreement.
10. Definition of Indian
For purposes of this Agreement, the term "Indian" means any individual who is a
member of the Jamestown S'Klallam Tribe, any individual who is a member of any other
federally recognized tribe and any individual who is an Indian as defined in 25 U.S.C. § 1301(4).
11. Compensation
For the services provided under the terms of this agreement, federal funds are being made
available to the Tribe from the Bureau of Indian Affairs. Upon receipt of the funding, the Tribe
will have budgeted funds to pay the County the annual amount of ONE HUNDRED THIRTY-
THREE THOUSAND, NINE HUNDRED SIXTY-TWO DOLLARS ($133,962.00) for the
services outlined in this agreement.
The CCSO agrees to provide the Tribe with a quarterly invoice for law enforcement
services rendered. The Tribe agrees upon receipt of such invoice to generate a quarterly payment
to the CCSO. The payments will be made no later than 20 days after receipt of the quarterly
invoice.
The County will not begin providing services outlined in this agreement until the federal
funds have been made available to the Tribe from the Bureau of Indian Affairs.
0