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HomeMy WebLinkAbout041 18 CC : fT-"7LT1 JEFFERSON COUNTY STATE OF WASHINGTON Amending Resolution No. 36-18 to } Rename the Spruce Canyon to South } RESOLUTION NO. 41-18 Fork Hoh River Planning Project } Application to the Hoh River Master } Plan Phase I Project} 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:Hoh River Master Plan Phase I 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 JT 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://rco.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: Location /� c� � Pi '>S0 �f Pori- �,t,n � 1 v,1&CC Cdta/ r� Date 9/7/g [All Applicants] Si 1: :a and .p*roved on behalf of the resolving body of the organization by the following autho -. me Signed t � iv,.��� acticeefAhcen ce Davi. Sullivan,Chair Kathleen Kler,Member Kate Dean,Member Title Jefferson County Commissioners Date ?pk-e/0\6/1( I ( a,(X Washington State Attorney General's Office Approved as to form N o„x 1/19/18 „! .$. ' `� Assistant Attorney General Date ;, Approved as to orm: ! : ,e- / Date l '1JiPhilip C.Hunsucker,Chief Civil Deputy Pr ecutAttorney ' Jefferson County Prosecuting Attorney's Office " Consent Agenda 615 Sheridan Street lin Port Townsend, WA 98368 O" www.JeffersonCountyPublicHealth.org Public Healt September 11,2018 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Stuart Whitford,Environmental Public Health Director Tami Pokorny,Natural Resources Program Coordinator DATE: September 17,2018 SUBJECT: RESOLUTION re: Amending Resolution No. 36-18 to Rename the Spruce Canyon to South Fork Hoh River Planning Project Application to the Hoh River Master Plan Phase I Project. STATEMENT OF ISSUE: Consider approval of a Resolution re: Amending Resolution No. 36-18 to Rename the Spruce Canyon to South Fork Hoh River Planning Project Application to the Hoh River Master Plan Phase I Project. ANALYSIS: On August 6, 2018,the commissioners signed Resolution No. #36-18 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. The listed Hoh River project(RCO#18-2005)originally focused on a specific segment of the Middle Hoh River. However,during the draft application review process,Environmental Public Health was encouraged by potential project partners to expand the project scope to include the entire Middle Hoh as Phase I of a collaborative planning effort to consider chronic problems in the watershed. In order to be considered for Washington Coast Restoration and Resiliency Initiative(WCRRI)funding,the authorizing resolution must reflect the application's new name. FISCAL IMPACT: Costs to pass a resolution to amend Resolution#36-18 to update the Hoh River project name are negligible. 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 RECOMMENDATION: Approve the Resolution re:Amending Resolution No. 36-18 to Rename the Spruce Canyon to South Fork Hoh River Planning Project Application to the Hoh River Master Plan Phase I Project. REVIEWED BY: Ale,/ Philip Morle n 1. • drain' . Date 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 r , 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. 36-18 Applications for Grant Assistance to the RCO} in 2018 } 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 WEBS1'I E at: https://rco.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 applyingfor 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: lip (,.... ol, r • Location ----,. . 1,_ LaftHok' ff Date116\i/Cri— let 90t [All Applicants] Signed and approved on behalf of the resolving body of the organization by the following authorized member(s): Signed Al-.14-(6:7 A.1<-4-1, _l *tT ,,,a, , (M.tr Y -fit tan (Cfe.-, frt,Qse-ber ' .0 -akeol, me h'1 "' Title jP'{ler$Ov akh.fi o &l dlt'igis Date g/41/e Washington State Attorney General's Office Approved as to form , -:: �Z 1/19/18 Assistant Attorney General Date Approved as to f arm: ,, et // . Date: 4`iA Philip C.Hunsucker,Chief Civil Deputy Prosecuting Attorney Jefferson County Prosecuting Attorney's Office Q '�oj Board of County Commissioners 4w�s co6. o 1820 Jefferson Street ttt PO Box 1220 Port Townsend, WA 98368 -11"qS, ING,�O Kate Dean,District 1 David Sullivan,District 2 Kathleen Kler,District 3 II August 8, 2018 Washington State Recreation and Conservation Office ATTN: Josh Lambert Natural Resources Building P.O. Box 40917 Olympia, WA 98504-0917 Email: josh.lambert@rco.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 • 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org ... tY Public Health JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Stuart Whitford,Environmental Public Health Director Tami Pokorny,Natural Resources Program Coordinator DATE: August 6,2018 SUBJECT: 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: 44eer-afi-opdated ensider 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: ...... • e- - ••.. _ _ - „.......P.ire:i ii i.i� n lii i:-' rUlls��e e.,yC�.._�� yi.• V If the resolution isn't approved,the County would potentially stand to lose up to$809,730 in grant awards. RECOMMENDATION: A pprovs 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: ,i9409".. Philip Morley,Co� , dministrator Date 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 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 } • Projects)Number(s), and Name(s)RCO#18-1227:Lower Big.Qjilcene Floodplain Acquisitions 2018;RCO#18-1228: Dosewallips R Powerlines Acquisitiond 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 aid to legally bind our organization with respect to the above Project(s)for which we seek grant firming 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 asa 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 agreements)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 WEBSI:`1"E at: https://rco.wa.gov/d en anuals&forrns/SampleProjAgreement.pdf. We understand and acknowledge that if of fared a protect 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 al thor ed representative/agent as to any revisions to the project agreement from that of the saplcprojt agreement. We also acknowledge and accept that if our authorized representative/agent executes the project agreements)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 duct eligible and allowable costs that are reasonable and necessary to implement the projects)ref+ nced above. 9. Our organization acknowledges and warrants,after conferringwith its legal counsel,that no additional legal authorization beyond tins 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 ou :organization upon execution by our representative/agent. 10. (Recreation and Conservation tg.Board Grant Programs Only] If match is required for the grants e ur orstand aur o r anization most Gently- the availability of match at least one mom before funding approval. Tn addition,our:organization understands it is responsible for supporting all non-cash matching sure 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 nization 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 ROW 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 ties,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 Ming 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 Date Washington State Attorney General's Office Approved as to form ` :".QP<..,....... 1/19/18 Assistant Attorney General Date TS 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 } 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: I. 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:(I)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. Ow organization has reviewed the sample project agreement on ' - on an. Conservation Office's WEBSITE at: a.1'-1 tail( vat J`i-t tT,Cib'do curttolb /HuntrO , ro Salt Jl l taq.ecill 010;]1. We understand and Z..4:1(4.1j, acknowledge that if offered a project agreement to sign in the future„it writ .. an indemnification and legal venue stipulation(applicable to any sponsor] • - ..<, - iJ • - - I. : 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 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 / behalf, that includes indemnification,avaiver-e€ . ••.•• . ::: avi., . -p*.1.6 i-totty1414,„4-- lel • YCl yl• �'` $ "-�' ,fir, and stipulated legal venue for lawsuits and other terms substantial` in the form contai -d in the sample project agreement or as may be revised prior to execution 5. Grant assistance is contingent on a signed project agreement. E ` ering into any projec agreement with the Office is purely voluntary on our part. 6. Our organization understands that grant policies and requireme ts vary depending on he grant program applied to,the grant program and source of funding in e project agreeme the characteristics of the project, and the characteristics of our org. ization. dip 7. Our organization further understands that prior to our authoriz d representative/age t executing the project agreement(s),the RCO may make revisio to its ple project agree( •nt and that such revisions could include the indemnification,the waiver s f sovereign immunit'and the legal venue stipulation. Our organization accepts the legal o o igation that we shall,prior to execution of the project agreement(s),confer with our autho d representative/agent as to any revisions to the project agreement from that of the sample p .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 conditions 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)ref (°nced above. 9. Our organization acknowledges and warrants,after code( 'ng with its legal counsel,that no v,...,„i.additional legal authorization be and this authorization is -quired to make the indemnification ,`// ,, ,;,,,•,;,,a„��' d the' � d the legal venue'stipulation substantially in form shown on the sample project agrJ- -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 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 wgrranties,certifications,promises and obligations set forth herein. f- -' au e America ribe Local Goveri. ents, an•Nonprofi organ ations I' y This a.-. ication autho r ation ,as adoptee by our or' ' ation d ' t eeting he +: Location Date [All Applicants] Signed and approved on behalf of the resolving body of the organization by the following authorized member(s): Signed Title Date Washington State Attorney General's Office 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 Immunr othing in this Agreement grants the State,County, or the Tribe any jurisdiction that it •'d 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.