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Home My WebLink About3372 RESOLUTION NO. A RESOLUTIONof the CityCouncilof theCityof Bremerton,Washington,authorizingsubmittinganapplicationfor grantfundingassistanceforParishCreekFishBarrierRemoval Project, to the Brian Abbott Fish Barrier Removal Board, managed through the Recreation and Conservation Office (Office) WHEREASauthorization is needed for submitting an application for grant funding assistance for the Parish Creek Fish Barrier Removal Project, to the Washington State Recreation and Conservation Office;and WHEREASgrant assistance is requested by the City toaid in financing the cost of the Parish Creek Fish Barrier Removal Project;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1.Our organization has applied for or intends to apply for funding assistance managed by the Office for the Parish Creek Fish Barrier Removal Project. SECTION 2.Our organization authorizes the following persons or persons holding specified titles/positions (andsubsequent holders of those titles/positions) to execute the following documents binding ourorganization on the above projects: Mayor:Grant Application, RCO Grant Agreement, Agreement amendments,Authorizing property and real estate documents. Stormwater Project Manager:Project Contact documents indicated. Our organization shall comply with a request from the Officeto provide documentation of persons who may be authorized to execute documents related to the grant. SECTION 3.Our organization has reviewed the sample OfficeGrant Agreement on the Recreation and Conservationhttps://rco.wa.gov/wp- content/uploads/2019/06/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. TheOffice reserves the right to revise the Agreement prior to execution. Page 1of 3 Resolution Rev.01/2023 SECTION 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. SECTION 5. Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is purely voluntary on our part. SECTION 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. SECTION 7. Our organization further understands that prior to our authorized representative(s)/agent(s) executing any of the documents listed above, the Office 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. SECTION 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. SECTION 9. 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. SECTION 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. SECTION 11. 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 inwriting and per the Agreement or an amendment thereto. SECTION 12. 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. Page 2 of 3 Resolution Rev. 01/2023 SECTION 13. This resolution/authorization is deemed to be part of the formal grant application to the Office. SECTION 14. 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. SECTION 15. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 16. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ 17th day of __________________, 20____. 24 January JENNIFER CHAMBERLIN, Council President APPROVED AS TO FORM: ATTEST: KYLIE J. 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