Approving County Engineer to sign applicant Resolution/Authorization with RCO for grant restoration projects BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: }
Approving the County Engineer to sign Applicant }
Resolution/Authorization between Lewis County and the } Resolution No. 18-
Recreation and Conservation Office (RCO) for grant }
restoration projects in which funds are administered by RCO }
WHEREAS, Public Works has fish passage and enhancement project funding identified in the Lewis
County six year Transportation Improvement Program (TIP); and
WHEREAS, Public Works expects to apply for grant funding administered through the RCO to
include fish passage and enhancement projects such as:
18-1464 Frase Creek Fish Barrier Removal (Pigeon Springs Rd MP 0.5)
Scammon Creek Barrier Removal (Graf Rd MP 1.01)
Scammon Creek Barrier Removal (Graf Rd MP 1.34)
Scammon Creek Barrier Removal (Blanchard Rd MP 0.698)
King Creek Barrier Removal (King Rd MP 5.31)
Middle Fork Newaukum Barrier Removal (Centralia Alpha MP 15.79)
Unnamed Tributary to Middle Fork Newaukum Barrier Removal (Kruger Rd MP 1.20);
and others to be determined at a future date; and
WHEREAS, the conditions of applying for the grant funding requires an Applicant
Resolution/Authorization signed by an authorized agent of Lewis County (see exhibit "A"); and
WHEREAS, this application process does not guarantee the funding but would be burdensome for
the Board of County Commissioners (BOCC) to go through the resolution process for every application; and
WHEREAS, the Public Works County Engineer has reviewed the Applicant Resolution/Authorization
between Lewis County and RCO.
NOW, THEREFORE BE IT RESOLVED that the BOCC has determined that proceeding with
applications for grant funds to be administered by RCO is in the best public interest and hereby approves
the County Engineer to sign Applicant Resolution/Authorizations for the above listed projects and others to
be determined at a future date.
PASSED IN REGULAR SESSION this 9th day of July, 2018.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan L. Meyer, Prosecuting Attorney LEWIS COUNTY, WAS NGTON
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By: Deputy Prosecuting Attorney Ed = J. Fund, Ch-
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ATTEST: obert C. ackson, Vice Chair
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Rieva Lester, Clerk of the Lewis Coty ' Cy Sta per, Mem•er
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Board of County Commissioners • �' sp,,:
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EXHIBIT "A"
Recreation and Conservation Office
Applicant Resolution/Authorization
Organization Name(sponsor)
Resolution No. (if applicable)
Project(s) Number(s), and Name(s)
This resolution/authorization 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. [insert
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE/AGENT]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•ov/documents/manuals&forms±$amflePraiRgreernent.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
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
You may reproduce the above language in your own format;text however may not change.
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Jul 09, 2018
Suggested Wording for Agenda Item: Agenda Type: Consent
Approving the County Engineer to sign Applicant Resolution/Authorization between Lewis County and the
Recreation and Conservation Office (RCO) for grant funded fish passage and enhancement projects in which
funds are administered by RCO
Contact Tim Fife Phone: 2711
Department: Public Works
Action Needed: Approve Resolution
Description
Public Works expects to apply for grant funding administered through the RCO to include projects such as: 18-
1464 Frase Creek Fish Barrier Removal (Pigeon Springs Rd MP 0.5); Scammon Creek Barrier Removal (Graf
Rd MP 1.01); Scammon Creek Barrier Removal (Graf Rd MP 1.34); Scammon Creek Barrier Removal
(Blanchard Rd MP 0.698); King Creek Barrier Removal (King Rd MP 5.31); Middle Fork Newaukum Barrier
Removal (Centralia Alpha MP 15.79); Unnamed Tributary to Middle Fork Newaukum Barrier Removal (Kruger
Rd MP 1.20); and others to be determined at a future date.
The conditions of applying for the grant funding requires an Applicant Resolution/Authorization signed by an
authorized agent of Lewis County. This application process does not guarantee the funding but would be
burdensome for the Board of County Commissioners to go through the resolution process for every application.
The resolution process would be used if funding is secured.
Approvals:
User Group Status
Martin, Erik ! Public Works Pending
Additional Copies
Kim Amrine,PW
Malcolm Bowie, PW
Tim Fife, PW
Ann Weckback,PW