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HomeMy WebLinkAbout1975RESOLUTION NO. (9 15 A RESOLUTION of the city council of the city of Kent, Washington, that: (1) authorizes the submission of an application for grant funding assistance for salmon recovery projects administered by the Recreation and Conservation Office, as provided for in Chapter 77 .85 of the Revised Code of Washington, and Chapter 420 of the Washington Administrative Code and other applicable authorities; and (2) identifies the Public Works Director and/or Mayor as the City's authorized representatives for purposes of securing the grant and binding the City to the grant's terms and conditions. RECITALS A. The city of Kent is working on the Downey Farmstead Side Channel Restoration Phase II, number 18-1401 R, as part of the Downey Farmstead salmon habitat restoration project. B. Under the provisions of the Salmon Recovery Act, state grant assistance is requested to aid in financing the cost of the Downey Farmstead salmon habitat restoration project. 1 Downey Farmstead Restoration - Application/ Authorization to Recreation & Conservation Office C. The city of Kent considers it in the best public interest to complete the project described in the application. D. This resolution authorizes the Public Works Director and/or Mayor to act as the authorized representative on behalf of the city and to legally bind the city with respect to the project for which it seeks grant funding assistance managed through the Recreation and Conservation Office. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. -Intent to Applv. The City has applied for or intends to apply for funding assistance managed by the Washington State Recreation and Conservation Office ("Office") for the Downey Farmstead Project ("Project"). SECTION 2. -Authorized Representative. The Public Works Director and/or Mayor, is authorized to act as a representative/agent for the City 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 the City, (3) sign any amendments thereto on behalf of the City, (4) make any decisions and submissions required with respect to the Project(s), and (5) designate a project contact(s) to implement the day-to-day management of the grant(s). SECTION 3. -Proiect Agreement. The City has reviewed the sample project agreement on the Recreation and Conservation Office's WEBSITE at: https: //rco. wa. gov /documents/manuals&forms/SampleProjAgreement. pdf. 2 Downey Farmstead Restoration - Application/ Authorization to Recreation & Conservation Office The City understands and acknowledges 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 the City's representative/agent enters into a project agreement on its 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. SECTION 4. -Legal Authority. The City 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 indemnification, 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. SECTION 5. -Signed Agreement Necessary. The City recognizes that grant assistance is contingent on a signed project agreement. Entering into any project agreement with the Office is purely voluntary on the City's part. SECTION 6. -Grant Policies and Requirements. The City 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 the City. 3 Downey Farmstead Restoration - Application/ Authorization to Recreation & Conservation Office SECTION 7. -Revisions to Proiect Agreements. The City further understands that prior to its 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. The City accepts the legal obligation that it shall, prior to execution of the project agreement(s), confer with its authorized representative/agent as to any revisions to the project agreement from that of the sample project agreement. The City also acknowledges and accepts that if its authorized representative/agent executes the project agreement(s) with any such revisions, all 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 be conclusively deemed to be executed with its authorization. SECTION 8. -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(s) referenced above. SECTION 9. -Indemnification. The City acknowledges and warrants, after conferring with its legal counsel, that no additional legal authorization beyond this authorization is required to make the indemnification, the waiver of sovereign immunity (as may apply to Tribes), and the legal venue stipulation substantially in form shown on the sample project agreement or as may be revised prior to execution legally binding on the City upon execution by its representative/agent . SECTION 10. -Matching Funds. If match is required for the grant, the City understands the City must certify the availability of match at least one month before funding approval. In addition, the City understands it is 4 Downey Farmstead Restoration - Application/ Authorization to Recreation & Conservation Office responsible for supporting all non-cash matching share commitments to this project should they not materialize. SECTION 11. -Grant on Reimbursement Basis. The City acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis. The City understands reimbursement basis means that the City will only request payment from the Office after the City incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until the Project is complete. SECTION 12. -Dedication in Perpetuity. The City 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 the City and the Office. The City agrees 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 .. SECTION 13. -Property Acquired in Fee Title. The City acknowledges that any property acquired in fee title must be immediately made available to the public unless otherwise provided for in policy, the project agreement, or authorized in writing by the Office Director. SECTION 14. -Property Owned by the City. 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 Office in writing and per the project agreement or an amendment thereto. 5 Downey Farmstead Restoration - Application/ Authorization to Recreation & Conservation Office SECTION 1.5. -Property not Owned by the City. The City acknowledges that any property not owned by the City 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 project agreement or an amendment thereto. SECTION 16. -Conflicts. The City 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. SECTION 17. -Resolution -Part of Application. This resolution/ authorization is deemed to be part of the formal grant application to the Office. SECTION 18. -Certification. The City warrants and certifies, after conferring with its legal counsel, that this resolution/authorization was properly and lawfully adopted following the requirements of the City and applicable laws and policies and that the City has full legal authority to commit the City to the warranties, certifications, promises and obligations set forth herein. SECTION 19. -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 18'f',-\ day of ~beY , 2018. CONCURRED in by the Mayor of the City of Kent this L8 'I"' day of Sef?iPffib>.v-, 2018 . VO nov~ DANA RALPH, MAYOR 6 Downey Farmstead Restoration - Application/ Authorization to Recreation & Conservation Office ATTEST: ED AS TO FORM: Y WHITE, DEPUTY CITY ATTORNEY 7 Downey Farmstead Restoration - Application/ Authorization to Recreation & Conservation Office