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Home My WebLink About09-18 RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing the Acting City Manager, Nathan West, 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 referenced above; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles as follows: I. Our organization has applied for or intends to apply for funding assistance managed by the Office for the above"Project(s)." 2. Nathan West,Acting City Manager 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),1 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.NN,,a.gQv/documeilts/nianuals&fc)ii-ns/ iltlipleProiA. ,reeineiit.i)df.1 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 indernnification, 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. I 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 th project agreement(s), confer with our authorized representative/agent as to any revisions to th project agreement from that of the sample project agreement. We also acknowledge and accept tha if our authorized representativ Jagent executes the project agreement(s) with any such revisions,al 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 b conclusively deemed to be executed with our authorization. . Any grant assistance received will be used for only direct eligible and allowable costs that arc reasonable and necessary to implement the project(s)referenced above. Our organization acknowledges and warrants, after confening with its legal counsel, that n additional legal authorization beyond this authorization is rewired to make the indemnification,the waiver of sovereign immunity(as may apply to Tribes),and the legal venue stipulation subs ° tiall in form shown on the sannple project agreement or as may be revised prior to execution legally binding on our organization upon execution by our representative/agent. 10. (Recreation and Consemation Funding Board Grant Programs Onlyl 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 al non-cash matching share commitments to this project should they not materialize. 11. Our organization acknowledges that ifit 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.Th Office may also determine an amount of retainage and hold that amount until the Project is complete 12. [.4c uiysition Projects Only] Our organization acknowledges that any property acquired with gran assistance must be dedicated for the purposes of the grant in perpetuity m.rnless otherwise agreed to i writing by our organization and the Office. We agree to dedicate the property in a signed "Deed o Right" for fee acquisitions, or an "Assignment of Rights" for other than fee acquisitions (whit documents will be based upon the Office's standard versions of those documents),to be recorded o the title of the property with the county auditor. 11 [Acquisition Projects Onit°] Our organization acknowledges that any property acquired in fee title must be immediately made available to the public unless otherwise provided for in pomlicy,the project agreement,or authorized in writing by the Office Director. 14. [Development, Renovation, Enhancement, and Restoration Projects Only -. ff our organization owns they ro rte]Our organization acknowledges that any property owned by our organization that is developed, renovatex , 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, anti Restoration Projects On4v - cwt"a ur organization DOES NOTown the rcr c*rt j Our organization acknowledges that any property not owned by our organization that is developed, renovated, enhanced, or restored with grantmnt assistance mus 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. f 16, [Only for Projects located in Water Ravources Inventory Areas 1 that are appyr rag or. cl fl-oars the Critical Habitat, Natural Areas, State Lands Restoration and RLrhancemerrt, Riparian' Protection, or Urbana Wildlye Habitat grant categories,- or the Puget Sound Acquisition a Restoration proagrcrrrr, or a Salmon n Recorver3,, Funding Bogard approved grantf Our or anizatio certi fies the following. the Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RRC `90.71.310. 12. This resolution/authorization is deemed to be part of the formal grant application to the Office. i 18. Our organization warrants and certifies, after conferring with its legal counsel, that thi resolution/authorization was properly and lawfully adapted following the requirements of as organization and applicable laws and policies and that our organization has full legal authority t commit our organization to the warranties,certifications,promises and obligations set forth herein, [Native American Tribes, Uncal Governments, and l o nprgfit Organizations Ontyl This application authorization was adopted by our organization during the meeting.held: Location: Fort An eles City Hat!, 321 Fast 5"Street .Port An wies WA 98362. Date: J ulv18., � 01 [All Applicants] Signed and approved on behalf of the resolving;body of the organization by the following authorized member(s). PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 181h day of July, 2018. Sissi Bruch, Mayor A"l'°fFS"1 APP C) .y. AS " ' l .lt x _., erg i�iam oor, ;it:y i