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HomeMy WebLinkAbout1971RESOLUTION NO. I q 7 l A RESOLUTION of the city council of the city of Kent, Washington, that: (1) authorizes the submission of an application for grant funding assistance through the Land and Water Conservation Fund Outdoor Recreation Legacy Partnership Program of the Recreation and Conservation Office, as provided for in Chapters 79A.15 and 79A.25 of the Revised Code of Washington, Chapter 286 of the Washington Administrative Code, and other applicable authorities, for renovation of West Fenwick Park, and (2) identifies the Parks Director as the City's authorized representative for purposes of securing the grant and binding the City to the grant's terms and conditions. RECITALS A. The city of Kent has approved a comprehensive parks and recreation or habitat conservation plan that includes capital improvements at West Fenwick Park. B. Under the provisions of the Land and Water Conservation Fund, Outdoor Recreation Legacy Partnership Program, state grant assistance is requested by the city of Kent to aid in financing the cost of the West Fenwick Park renovations. 1 West Fenwick Park Renovations- Application to Recreation & Conservation Office Land and Water Conservation Fund, Outdoor Recreation Legacy Partnership Program C. The city of Kent considers it in the best public interest to complete the project described in the application. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. -Intent to Apply. The City has applied for or intends to apply for funding assistance managed by the Washington State Recreation and Conservation Office ("RCO") for the West Fenwick Park Renovation Project ("Project"). SECTION 2. -Authorized Representative. Julie Parascondola, the Director of the City's Parks, Recreation, and Community Services Department or her designee ("Parks Director"), is authorized to make formal application to RCO for grant assistance. The Parks Director is the City's authorized representative who has full authority to bind the City regarding all matters related to the Project, including without limitation authority to: (1) approve submittal of a grant application to RCO, (2) sign any amendments to the Project Agreement approved by the Mayor, (3) make any decisions and submissions required with respect to the Project, and (4) designate a Project contact to implement the day-to-day management of the grant. SECTION 3. -Pro;ect Agreement. The City has reviewed the sample Project Agreement on the Recreation & Conservation Office's web site at http://www.rco.wa.gov/documents/manuals&forms/SampleProjAgreement. pdf and authorizes Dana Ralph, the City's Mayor, to enter into such Project Agreement, if funding is awarded. The City understands and acknowledges that the Project Agreement will contain an indemnification and legal venue 2 West Fenwick Park Renovations- Application to Recreation & Conservation Office Land and Water Conservation Fund, Outdoor Recreation Legacy Partnership Program stipulation, and other terms and conditions substantially in the form contained in the sample Project Agreement. Once signed by the Mayor, the Project Agreement will be legally binding on the City. The City is aware that RCO reserves the right to revise the Project Agreement prior to execution, but RCO has agreed to communicate any such revisions with the City's authorized representative prior to the Project Agreement's execution. SECTION 4. -Legal Authority. The City acknowledges that with adoption of this Resolution, the city council has granted the Mayor and the City's Parks Director the authority necessary to enter into the Project Agreement on the City's behalf without further Council approval, which Project Agreement will include indemnification, stipulated legal venue for lawsuits, and other terms and conditions substantially in the form contained in the sample Project Agreement, or as may be revised prior to execution. SECTION 5. -Use of Funds. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the Project. SECTION 6. -City Match & Non-Cash Commitments. The City expects its matching share of Project funding will be derived from City funds and that pursuant to WAC 286-13-040 the City must certify the availability of match at least one month before funding approval. In addition, the City understands it is responsible for supporting all non-cash commitments to this Project should they not materialize. SECTION 7. -Grant on Reimbursement Basis. The City acknowledges that if the RCO approves grant assistance for the Project, RCO will pay the City on only a reimbursement basis. The City understands reimbursement basis means that the City will only request payment from RCO after the City incurs eligible and allowable costs and pays them. RCO 3 West Fenwick Park Renovations- Application to Recreation & Conservation Office Land and Water Conservation Fund, Outdoor Recreation Legacy Partnership Program may also determine an amount of retainage and hold that amount until the Project is complete. SECTION 8. -Dedication in Perpetuity. The City acknowledges that any property owned by the City 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 RCO in writing and per the Project Agreement or an amendment thereto. SECTION 9. -Resolution -Part of Application. This resolution becomes part of a formal application to RCO for grant assistance. SECTION 10. -Certification. The City certifies that this resolution was properly and lawfully adopted following the requirements of the City and applicable laws and policies and that the person signing as authorized representative is duly authorized to do so. SECTION 11. -Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this 71'A-day of 4Eus.t I 2018. A CONCURRED in by the Mayor of the City of Kent this /~ day of ugust . 2018. 4 West Fenwick Park Renovations- Application to Recreation & Conservation Office Land and Water Conservation Fund, Outdoor Recreation Legacy Partnership Program P:\Civil\Resolution\RCO-WestFenwickParkRenovations docx ORNEY 5 West Fenwick Park Renovations- Application to Recreation & Conservation Office Land and Water Conservation Fund, Outdoor Recreation Legacy Partnership Program