Approve PW Director to sign Applicant Resolution/Authorization with RCO for grant restoration BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 20-148
APPROVING THE PUBLIC WORKS DIRECTOR TO SIGN
APPLICANT RESOLUTION/AUTHORIZATION BETWEEN
LEWIS COUNTY AND THE 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:
• 20-1611 MF Newaukum Trib-Kruger Fish Passage Const (FBRB)
• MF Newaukum Trib-Kruger Fish Passage Const (ASRP)
• 20-1611 MF Newaukum C. Alpha Fish Passage Const (FBRB)
• 20-1071 MF Newaukum C. Alpha Fish Passage Const (ASRP)
• 20-1612 Lucas Crk Trib MP 4.24 - Fish Passage Const (FBRB)
• 20-1621 Lucas Crk Trib MP 4.39 - Fish Passage Const (FBRB)
• 20-1622 Jested Crk at Senn - Fish Passage Design (FBRB)
• Jested Crk at Senn - Fish Passage Design (ASRP)
• 20-1623 Boone Crk Barrier Removals at Park and Jackson
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 Director 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 Public Works Director to sign Applicant Resolution/
Authorizations for the above-listed projects and others to be determined at a future
date.
DONE IN OPEN SESSION this 4th day of May, 2020.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Gary Stamper
By: Amber Smith, Gary Stamper, Chair
Deputy Prosecuting Attorney
ATTEST: •' '" Y
�° ,�qs•• Edna J . Fund
:yes. aItDOF'.9j••
'-:: Edna J. Fund, Vice Chair
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•�` '1CO` ```�� Robert C. Jackson
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Rieva Lester, Robert C. Jackson, Commissioner
Clerk of the Lewis County Board of County
Commissioners
'� WASHINGTON STATE
Recreation and
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Conservation Office
Applicant Resolution/Authorization
Organization Name(sponsor) Lewis County Public Works
Resolution No.or Document Name
Location of Resolution or Document:
Project(s)Number(s),and Name(s)
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
1. 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) Ann Weckback, Environmental Planner
Project contact(day-to-day Ann Weckback, Environmental Planner
administering of the grant and
communicating with the RCO) I
RCO Grant Agreement(Agreement) Chair,Board of County Commissioners
Agreement amendments Josh Metcalf, Director of Public Works
Tim Fife,County Engineer
Authorizing property and real estate Josh Metcalf, Director of Public Works
documents(Notice of Grant,Deed of Tim Fife,County Engineer
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.gov/wp-content/uploads/2019/06/SampleProjAgreementodf.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. 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.
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. 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 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 mem.-r(s):
Signed �� /o •
Ti osh Metcalf, Director Date
On File at:
Washington State Attorney General's Office
Approved as to form 2/13/2020
Assistant Attorney General Date
You may reproduce the above language in your own format;however,text may not change.
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: May 4, 2020
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approving the Public Works Director to sign Applicant Resolution/Authorization between Lewis
County and the Recreation and Conservation Office (RCO) for grant restoration projects in which
funds are administered by RCO
Contact: Tim Fife Phone: 360-740-2711
Department: PW - Public Works
Description:
This resolution will allow the Public Works Director to sign Applicant Resolution/Authorizations
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.
Public Works expects to apply for grant funding administered through the RCO to include projects
such as: 20-1611 MF Newaukum Trib-Kruger Fish Passage Const (FBRB); MF Newaukum Trib-Kruger
Fish Passage Const (ASRP); 20-1611 MF Newaukum C. Alpha Fish Passage Const (FBRB); 20-1071
MF Newaukum C. Alpha Fish Passage Const (ASRP); 20-1612 Lucas Crk Trib MP 4.24 - Fish Passage
Const (FBRB); 20-1621 Lucas Crk Trib MP 4.39 - Fish Passage Const (FBRB); 20-1622 Jested Crk at
Senn - Fish Passage Design (FBRB); Jested Crk at Senn - Fish Passage Design (ASRP); 20-1623
Boone Crk Barrier Removals at Park and Jackson; 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. The 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: Publication Requirements:
Publications:
User Status
PA's Office Approved
Additional Copies: Cover Letter To:
Ann Weckback, Tina Hemphill, Robin Saline,
Rose Williams; PW