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HomeMy WebLinkAbout1973RESOLUTION NO. J913 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 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 field drainage services at Service Club Ballfields, and (2) identifies the Parks Director as the City's authorized representative for purposes of securing the grants and binding the City to the grant terms and conditions. RECITALS A. 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. Under the provisions of the Youth Athletic Facilities Program, state grant assistance is requested by the city of Kent to aid in financing the cost of the Service Club Park field drainage services. 1 West Fenwick Park and Service Club Park- Application to Recreation & Conservation Office Land and Water Conservation Fund, Outdoor Recreation Legacy Partnership Program B. The city of Kent considers it in the best public interest to complete the projects described in the applications. C. As part of this same grant application process, the City Council previously passed Resolutions No. 1966 and No. 1971. Due to formatting requirements from RCO, this Resolution is needed to repeal and replace those prior resolutions. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. -Repeal and Replace. Resolutions No. 1966 and No. 1971 are hereby repealed in their entirety and replaced with this Resolution. SECTION 2. -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 (#18-2207) and the Service Club Park Ballfield Drainage Services Project (#19-1527) ("Projects"). SECTION 3. -Authorized Representative. The City has applied for or intends to apply for funding assistance managed by the Office for the above Projects. Julie Parascondola, Parks Director, 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 2 West Fenwick Park and Service Club Park- Application to Recreation & Conservation Office Land and Water Conservation Fund, Outdoor Recreation Legacy Partnership Program 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 4. -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. 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 the City's 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 5. -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. 3 West Fenwick Park and Service Club Park- Application to Recreation & Conservation Office Land and Water Conservation Fund, Outdoor Recreation Legacy Partnership Program SECTION 6. -Contingent Funding. 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 7. -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 project agreement, the characteristics of the project, and the characteristics of the City. SECTION 8. -Revisions to Agreement. The City further understands that prior to the City's 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 the City shall, prior to execution of the project agreement(s), confer with the City's authorized representative/agent as to any revisions to the project agreement from that of the sample project agreement. The City also acknowledge and accept that if the City's 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 the City's authorization. SECTION 9. -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. 4 West Fenwick Park and Service Club Park- Application to Recreation & Conservation Office Land and Water Conservation Fund, Outdoor Recreation Legacy Partnership Program SECTION 10. -No Additional Authorization Required. 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 the City's representative/agent. SECTION 11. -Matching Funds Availability. 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 responsible for supporting all non-cash matching share commitments to this project should they not materialize. SECTION 12. -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 13. -Property Dedications. 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 West Fenwick Park and Service Club Park- Application to Recreation & Conservation Office Land and Water Conservation Fund, Outdoor Recreation Legacy Partnership Program SECTION 14. -Puget Sound Partnership . 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 15. -Resolution -Part of Application. This resolution/authorization is deemed to be part of the formal grant application to the Office. SECTION 16. -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 17. -Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open pu ~lic meetinij~~e City Council of the City of Kent, Washington, this l. IS day of r , 2018 . sr CONCURRED in by the Mayor of the City of Kent this 2.1 Av;g ust , 2018. day o f 6 West Fenwick Park and Service Club Park- Application to Recreation & Conservation Office Land and Water Conservation Fund, Outdoor Recreation Legacy Partnership Program ATTEST: P:\Civil\Resolution\RCO-WestFenwickParkRenovatlons.docx ORNEY 7 West Fenwick Park and Service Club Park- Application to Recreation & Conservation Office Land and Water Conservation Fund, Outdoor Recreation Legacy Partnership Program