Loading...
HomeMy WebLinkAboutResolution_RCO Grant Auth SignatureKITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS AGENDA SESSION STAFF REPORT MEETING DATE: September 20, 2022 ACTION REQUESTED: Request to Approve a Resolution to Authorize Chair Signature on the Recreation and Conservation Office Applicant Resolution/Authorization form for a grant application to the Washington State Recreation and Conservation Office for property acquisition, restoration design, and riparian restoration. BACKGROUND: Public Works is seeking funding assistance from the Washington State Recreation and Conservation Office (RCO) to fund property acquisition, restoration design, and riparian restoration. To be eligible for grant funding, the total project cost needs to equal or exceed $5,000,001. If awarded, funding is expected to be $3,600,001. If awarded, the Washington State Recreation and Conservation Office will require Kittitas County to certify the availability matching funds. Public Works has identified $394,300 in partner contribution funding and $1,005,701 in expected grant funding. If required, Flood Control Fund has sufficient funding reserves, at this time, for the required $1,400,001 cash match — should the identified matching funds fail to be realized. INTERACTION: Public Works. RECOMMENDATION: Approve the Resolution Authorizing Chair's signature on the RCO grant application authorization form. HANDLING: Return one original to Public Works. ATTACHMENTS: Resolution; Recreation and Conservation Office Applicant Resolution/Authorization Form. LEAD STAFF: Arden Thomas, Water Resource Manager. BOARD OF COUNTY COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. AUTHORIZING THE CHAIRMAN TO SIGN THE APPLICATION AUTHORIZATION FORM FOR A SALMON RECOVERY GRANT APPLICATION TO THE WASHINGTON STATE RECREATION AND CONSERVATION OFFICE FOR PROPERTY ACQUISITION, RESTORATION DESIGN, AND RIPARIAN RESTORATION WHEREAS: Kittitas County Public Works intends to submit a Large Project Salmon Recovery Funding Board Grant Application to the Washington State Recreation and Conservation Office (RCO) to fund property acquisition, restoration design, and riparian restoration within the Yakima River floodplain; and WHEREAS: If awarded, the anticipated funding is expected to be $3,600,00 and WHEREAS: RCO requires the total project cost to equal or exceed $5,000,001 to be eligible for funding; and WHEREAS: The Washington State Recreation and Conservation Office will require Kittitas County to certify the availability matching funds, anticipated to be $1,400,001, at least one month before funding approval; and WHEREAS: The Flood Control Zone District currently has sufficient cash on hand meeting the match obligation in its Capital Facility Fund, providing additional matching sources cannot be secured; and WHEREAS: The proposed acquisition is a high priority acquisition building on previous acquisitions in this particular stream reach of the Yakima River; and WHEREAS: The Salmon Recovery Funding Board Application requires that funding applicants submit a Resolution from the Board of County Commissioners, identifying the authorized representatives on behalf of Kittitas County for grant application, project contact, grant agreement and amendments, and real estate documents; NOW, THEREFORE BE IT RESOLVED the Kittitas County Board of County Commissioners declares it be in the best interest of the public and does hereby authorize the chairman to sign the grant application authorization form identifying the authorized agents. DATED this 20" day of September 2022, at Ellensburg, Washington. Attest: ❑ Clerk of the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Laura Osiadacz, Chairman Cory Wright, Vice -Chairman Brett Wachsmith, Commissioner "y f; WASHINGTON STATE Recreation and Conservation Office Applicant Resolution/Authorization Organization Name (sponsor) Kittitas County Public Works Resolution No. or Document Project(s) Number(s), and Name(s) 22-1961 AR Yakima River Corridor Plan Implementation Phase This resolution/authorization authorizes the person(s) 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, 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: Our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Project(s)." 2. Our organization authorizes the following persons or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding our organization on the above projects: Grant Document Name of Signatory or Title of Person Authorized to Sign Grant application (submission thereof) Arden Thomas Project contact (day-to-day Arden Thomas administering of the grant and communicating with the RCO) RCO Grant Agreement (Agreement) Arden Thomas Agreement amendments Arden Thomas Authorizing property and real estate Chairman, Board of County Commissioner documents (Notice of Grant, Deed 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. 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. 3. Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation Office's WEB SITE at: https //rco wa •v/wp-content/uploads/2019/06/SampleProjAgreement rdf. We understand and acknowledge that if offered an agreement to sign in the future, it will contain an indemnification and legal venue stipulation and otherterms and conditions substantially in the form contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be legally binding on the sponsor if our representative/agent enters into an Agreement on our behalf. The Office reserves the right to revise the Agreement prior to execution. 4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized representative(s)/agent(s) have full legal authority to act and sign on behalf of the organization for their assigned role/document. 5. Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is purely voluntary on our part. 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the Agreement, the characteristics of the project, and the characteristics of our organization. 7. Our organization further understands that prior to our authorized representative(s)/agent(s) executing any of the documents listed above, the RCO may make revisions to its sample Agreement and that such revisions could include the indemnification and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the Agreement(s), confer with our authorized representative(s)/agent(s) as to any revisions to the project Agreement from that of the sample Agreement. We also acknowledge and accept that if our authorized representative(s)/agent(s) executes the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall be conclusively deemed to be executed with our authorization. B. 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. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis. We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. 11. [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 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 propertvl 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 OnIyA your organization DOES NOT own the propertvl 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): Signed Title On File This Applicant Resolution/Authorization was adopted by our organization during the meeting held: (Local Governments and Nonprofit Organizations Only): Location: Washington State Attorney General's Office Approved as to form ha — — 2/13/2020 Assistant Attorney General Date You may reproduce the above language in your own format; however, text may not change.