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HomeMy WebLinkAbout35-0624-24R STATE OF WASHINGTON COUNTY OF JEFFERSON In the matter of: x Applying for FBRB grant funding for the x RESOLUTION NO 3 5-0 6-2 4-2 4 R Center Road MP 3.23 Fish Barrier Removal x RCO Project#23-1792 This resolution/authorization authorizes the person(s)identified below(in Section 2)to act as the authorized representative/agent on behalf of Jefferson County and to legally bind Jefferson County with respect to the above Project(s)for which we seek grant funding assistance managed through the Recreation and Conservation Office(Office). WHEREAS,grant assistance is requested by Jefferson County to aid in financing the cost of the Project(s)referenced above; NOW, THEREFORE, BE IT RESOLVED that: 1. Jefferson County has applied for or intends to apply for funding assistance managed by the Office for the above"Project(s)." 2. Jefferson County 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 Si' Grant application (submission Mark Thurston, Engineer IV, Project Manager thereof) Project contact(day-to-day Mark Thurston, Engineer IV, Project Manager administering of the grant and Eric Kuzma, Asst. Public Works Director/ communicating with the RCO) Engineering Services Manager RCO Grant Agreement Jefferson County Board of County Commissioners (Agreement) Agreement amendments Monte Reinders, P.E. Public Works Director/ County Engineer Authorizing property and real estate Monte Reinders, P.E. Public Works Director/ documents(Notice of Grant,Deed County Engineer of Right or Assignment of Rights if applicable). These are items that are typical recorded on the property with the county. The above persons are considered an "authorized representative(s)/agent(s)" for purposes of the documents indicated. Jefferson County shall comply with a request from the RCO to provide documentation of persons who may be authorized to execute documents related to the grant. 3. Jefferson County has reviewed the sample RCO Grant Agreement on the Recreation and Conservation Office's WEB SITE at: https://rco.wa.gov/wp-content/uploads/2019/06/SampleProjAgreement.pdf.We understand and acknowledge that if offered an agreement to sign in the future, it will contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be legally binding on the sponsor if our representative/agent enters into an Agreement on our behalf.The Office reserves the right to revise the Agreement prior to execution. 4. Jefferson County 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 County 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. Jefferson County understands that grant policies and requirements vary depending on the grant program applied to,the grant program and source of funding in the Agreement,the characteristics of the project, and the characteristics of our organization. 7. Jefferson County 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.Jefferson County 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. [for Recreation and Conservation Funding Board Grant Programs Only]If match is required for the grant, we understand our organization must certify the availability of match at least one month before funding approval.In addition,our organization understands it is responsible for supporting all non-cash matching share commitments to this project should they not materialize. 10. Jefferson County acknowledges that if it receives grant funds managed by the Office,the Office will pay us on only a reimbursement basis.We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until all project deliverables,grant reports, or other responsibilities are complete. 11. [for Acquisition Projects Only] Our organization acknowledges that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to in writing by our organization and the Office. We agree to dedicate the property in a signed"Deed of Right" for fee acquisitions,or an"Assignment of Rights"for other than fee acquisitions(which documents will be based upon the Office's standard versions of those documents),to be recorded on the title of the property with the county auditor.Our organization acknowledges that any property Revised 4/2024 • acquired in fee title must be immediately made available to the public unless otherwise provided for in policy,the Agreement,or authorized in writing by the Office Director. 12. [for Development,Renovation,Enhancement,and Restoration Projects Only—If our organization owns the project property] Our organization acknowledges that any property owned by our organization that is developed,renovated,enhanced,or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy,or Office in writing and per the Agreement or an amendment thereto. 13. [for Development,Renovation,Enhancement,and Restoration Projects Only—If your 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 Agreement or an amendment thereto. 14. [Only for Projects located in Water Resources Inventory Areas 1-19 that are applying for funds from the Critical Habitat,Natural Areas, State Lands Restoration and Enhancement,Riparian Protection,or Urban Wildlife Habitat grant categories;Aquatic Lands Enhancement Account; or the Puget Sound Acquisition and Restoration program,or a Salmon Recovery Funding Board approved grant] Our organization certifies the following: the Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. 15. This resolution/authorization is deemed to be part of the formal grant application to the Office. 16. Our organization warrants and certifies that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties,certifications,promises and obligations set forth herein. This resolution/authorization is signed and approved on behalf of the resolving body of our organization by the following authorized member(s): PASSED AND ADOPTED THIS �tti DAY OF j a, , 2c,2 Y . JEFFERSON COUNTY BOARD OF COMMISSIONERS �FFERS,ti °• ,GOOMISSiO CQ SEAL: '• • v - 11 • Ka e Dean, District 1 ATTEST o wit, ••.....••• ,�� �••` . ,,,,,IV'4 SH ING,,o`� M Hei i E' enhour, District 2 Carolyn Gallaway, CMC reg otherton, District 3 Clerk of the Board Revised 4/2024