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Home My WebLink About2073 RESOLUTION NO. 2073 A RESOLUTION of the City Council of the City of Kent, Washington, that: (1) authorizes the submission of applications for grant funding assistance through the Recreation and Conservation Office; and (2) identifies Parks personnel and/or the 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 ("City") is working on the Uplands Playfield and Spray Park 24-1703D, PRISM Number 24-1703D; Uplands Extension Acquisition 24-1776A, PRISM Number 24-1776A; Garrison Creek Park Renovation 24-1815D, PRISM Number 24-1815D; and Community Outdoor Athletic Facilities Project 24-2112D, PRISM Number 24-2112D. B. The City considers it in the best public interest to complete the projects described in the applications and to seek grant assistance through the Washington Recreation and Conservation Office to aid in financing the cost of those projects. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 Recreation & Conservation Office Grants 24-1703D; 24-1776A; 24-1815D; 24-2112D RESOLUTION SECTION 1. - Intent to Apply. The City has applied for or intends to apply for funding assistance managed by the Washington Recreation and Conservation Office ("Office") for the Uplands Playfield and Spray Park 24- 1703D, Uplands Extension Acquisition 24-1776A, Garrison Creek Park Renovation 24-1815D, and Community Outdoor Athletic Facilities Project 24- 2112D ("Projects"). SECTION 2. - Authorized Representatives. The City authorizes the following persons or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding the City on the above projects: Name of t 11 "I DocumentGrant Persp • • • ^' Grant application (submission thereof) Brian Higgins, Parks Capital Project Manager Project contact (day-to-day administering Brian Higgins, Parks Capital of the grant and communicating with the Project Manager RCO) _ RCO Grant Agreement Dana Ralph, Mayor (Agreement)Agreement/amendment I Approver Agreement amendments f Dana Ralph, Mayor [Authorizing property and real estate Dana Ralph, Mayor documents (Notice of Grant, Deed of Right or Assignment of Rights if applicable). The above persons are considered an "authorized representative(s)/agent(s)" for purposes of the documents indicated. The City shall comply with a request from the RCO to provide documentation of persons who may be authorized to execute documents related to the grant. 2 Recreation & Conservation Office Grants 24-1703D; 24-1776A; 24-1815D; 24-2112D SECTION 3. - Indemnification and Legal Venue Stipulation. The City has reviewed the sample RCO Grant Agreement on the Recreation and Conservation Office's website at: https•/Zrco.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. The Office reserves the right to revise the Agreement prior to execution. SECTION 4. - Legal Authority. The City acknowledges and warrants, after conferring with its legal counsel, that its authorized representative(s)/agent(s) identified above have full legal authority to act and sign on behalf of the City for their assigned role/document. SECTION 5. - Contingent Funding. Grant assistance is contingent on a signed agreement. Entering into any Agreement with the Office is purely voluntary on the City's part. SECTION 6. - Varying 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 Agreement, the characteristics of the project, and the characteristics of the City. SECTION 7. - Acknowledgement. The City 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 3 Recreation & Conservation Office Grants 24-1703D; 24-1776A; 24-1815D; 24-2112D Agreement and that such revisions could include the indemnification and the legal venue stipulation. The City 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 S. - Allowable Costs. 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. - Funding Match. If match is required for the grant, we understand 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 matching share commitments to this project should they not materialize. SECTION 10. - 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. 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. - Purpose of Acquired Property. 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 4 Recreation & Conservation Office Grants 24-1703D; 24-1776A; 24-1815D; 24-2112D The City 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. 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 Agreement, or authorized in writing by the Office Director. SECTION 12. - Purpose of Property Owned by 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 Agreement or an amendment thereto. SECTION 13. - Resolution a Part of Application. This resolution is deemed to be part of the formal grant application to the Office. SECTION 14. - Certification. The City warrants and certifies that this resolution 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 itself to the warranties, certifications, promises and obligations set forth herein. SECTION 15. - Effective Date and Approval. This resolution will take effect immediately and is signed and approved by the Mayor through a majority vote of the City Council for the City of Kent. A copy of this resolution is on file with the Kent City Clerk at 220 Fourth Avenue South, Kent, WA. 5 Recreation & Conservation Office Grants 24-1703D; 24-1776A; 24-1815D; 24-2112D June 18, 2024 DANA RALPH, MAYOR Date Approved ATTEST: June 18, 2024 KIMBERLEY A. MOTO, CITY CLERK Date Adopted APP ED AS TO FORM: T HITE, CITY ATTORNEY �y L P i 4 Li 'G 1 :t 4 4 cep* 6 Recreation & Conservation Office Grants 24-1703D; 24-1776A; 24-1815D; 24-2112D