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023-20 - Resolution - Apply for and Accept RCO Grant Funding-Ruby Creek Culvert at Sidney RoadRESOLUTTON NO.023-20 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZ!NG THE MAYOR OR DESIGNEE TO APPLY FOR AND ACCEPT RCO GRANT FUNDING AND TO EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTUATE THE GRANT. WHEREAS, this Resolution authorizes the person(s) identified herein to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the Ruby Creek Culvert Removal at Sidney Rd. Project (RCO # 2O-L797) (hereinafter, the "Project") for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office); and WHEREAS, grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; now, therefore, THE CITY COUNCIT OF THE CIW OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Project." 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: Name of Signatory or Title of PersonGrant Document Authorized to Grant application (submission thereof) Project contact (day-to-day administering of the grant and communicating with the Rco) RCO Grant Agreement (Agreement) Agreement amendments Authorizing property and real estate 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. Mark Dorsey, P.E. Zack Holt Robert Putaansuu, Mayor Robert Putaansuu, Mayor Robert Putaansuu, Mayor 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. Resolution No. 023-20 Page 2 of 3 Section 2. Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation Office's WEB SITE at: https://rco.wa.sov/wp- content/uploads/2019/06/SampleProiAereement.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. 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. Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is purely voluntary on our part. 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. 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. 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. [for Recreation and Conservation Funding Board Grant Programs Only] lf match is required for the grant, we understand our organization must certify the availability of match at least one month before funding approval. ln addition, our organization understands it is responsible for supporting all non-cash matching share commitments to this project should they not materialize. 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. Resolution No. 023-20 Page 3 of 3 [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 othenrvise provided for in policy, the Agreement, or authorized in writing by the Office Director. [for Development, Renovation, Enhancement, and Restoration Projects f our organization owns the proiect propertv] 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 othenruise allowed by grant program policy, or Office in writing and per the Agreement or an amendment thereto. [for Development, Renovation, Enhancement, and Restoration Projects Only-lf-1rof_qganizatio.n DOES NOT own the prooertv] 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 othenruise provided for per the Agreement or an amendment thereto. [Only for Projects located in Water Resources lnventory Areas 1-19 that are applying for funds from the Critical Habitat, NaturalAreas, 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 grantl 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. This authorization is deemed to be part of the formal grant application to the Office Our organization warrants and certifies that this 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. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 23'd day of June 2020. \lllll o" ATTEST: C, City Clerk Robert Putaansuu, Mayor ? Po SEAL WASHINGTON STATE Recreation and Conservation Office Appl ica nt Resol ution/Authorization Organization Name (sponsor) City of Port Orchard Resolution No. or Document Name Resolution 027-2O Location of Resolution or Document: Port Orchard City Hall. 216 Prospect St. Port Orchard, WA 98366 Project(s) Number(s), and Name(s)Rr rhrr Crpplr Cr rlrrort Flomnrral Sidnpv R.l (RCO #)o-1797\ This 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 lT RESOLVED that: Our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Project(s)." 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 or Title of Person Authorized to Mark Dorsey, P.E. Zack Holt Robert Putaansuu, Mayor Robert Putaansuu, Mayor Robert Putaansuu, Mayor 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. Grant application (submission thereof) Project contact (day-to-day administering of the grant and communicating with the RCO) RCO Grant Agreement (Agreement) Agreement amendments Authorizing property and real estate 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. 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/2O19/06/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. 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. Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is purely voluntary on our part. 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. 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. 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. fior Recreation and Conservation Funding Board Grant Programs Only] lf match is required for the grant, we understand our organization must certify the availability of match at least one month before funding approval. ln addition, our organization understands it is responsible for supporting all non-cash matching share commitments to this project should they not materialize. 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. [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. 2 [for Development, Renovation, Enhancement, and Restoration Projects Only-lf our organization propertyl 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. [for Development, Renovation, Enhancement, and Restoration Projects Only-lf your organizatl propertyl 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. [Only for Projects located in Water Resources lnventory 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 AccounU or the Puget Sound Acquisition and Restoration program, or a Salmon Recovery Funding Board approved grantl 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. This authorization is deemed to be part of the formal grant application to the Office. Our organization warrants and certifies that this 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 authorization is signed and approved on behalf of the resolving body of our organization by the following authorized member(s): Signed Title On File a+' ^\- I (-UJ n C \1 t Washington State Attorney General's Office Approved as to form {-taZ-^-3/2020- Assktont Attorney Generol Dote You may reproduce the above language in your own format; however, text may not change. 3