HomeMy WebLinkAbout2013RESOLUTION NO. 2013
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 to assist with land acquisition
for Upper Mill Creek Park (Project #20-1491A) and
renovation of Kent Memorial Park (Project #20-
L254D and Project #2O-L263D), and (2) identifies
the Parks Director and Mayor, or their designees,as the City's authorized representatives for
purposes of securing the grants and binding the
City to the grants'terms and conditions.
RECITALS
A. Under the provisions of the Local Parks Category of the
Washington Wildlife and Recreation Program, the City of Kent is seeking
grant assistance through the state Recreation and Conservation Office to
aid in financing the cost of acquiring additional land for Upper Mill Creek
Park (Project #20-14914) and renovating Kent Memorial Park (Project
#2O-L254D), Additional financial assistance is also sought through grants
under the Youth Athletic Facilities Program to further assist the City in
renovating Kent Memorial Park (Project #20-L263D).
B. The City of Kent considers it in the best public interest to
complete the projects described in the applications and to seek grant
1
Recreation & Conseruation Office Grants
Upper Mill Creek Park and Kent Memorial Park
assistance through the 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:
RESOLUTION
SECTION 7, - Intent to Aoply. The City has applied for or intends to
apply for funding assistance managed by the Washington State Recreation
and Conservation Office ("Office") for the acquisition of land for Upper Mill
Creek Park (Project #20-1491A) and the renovation of Kent Memorial Park
(Project #2O-L254D and Project #2O-L263D) ("Projects").
SECTION 2. - Authorized Representative. The City authorizes the
following persons, or subsequent holders of the positions identified below,
to execute the following documents binding the City of Kent on the above
projects:
The above persons are considered "authorized representatives/agents" for
purposes of the documents indicated. The City shall comply with a request
from the Office to provide documentation of persons who may be
authorized to execute documents related to the grant.
2
Recreation & Conservation Office Grants
Upper Mill Creek Park and Kent Memorial Park
Grant application (submission thereof)Bryan Higgins,
Parks Facilities Plannino & Develooment Coordinator
Project contact (day-to-day
administering of the grant and
communicatino with the Office)
Bryan Higgins,
Parks Facilities Planning & Development Coordinator
Office Grant Aqreement (Aqreement)Dana Raloh, Mavor
Aoreement amendments Dana Ralph, Mayor
Authorizing prcperty and real estate
documents (Notice of Grant, Deed of
Right or Assignment of Rights if
applicable). These are items that are
typical recorded on the propefi with the
counW.
Dana Ralph, Mayor
Name of Signatory or Title of PersonGrant Document Authorized to n
SECTION 3. - Grant Agreement. The City has reviewed the sample
Grant Agreement on the Office's website at: https://rco.wa.gov/wp-
content/uploads/2019/06/5ampleProjAgreement.pdf. The City understands
and acknowledges 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 City if its representative/agent enters into an agreement on the
City's behalf, The Office will reserve 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
representatives/agents identified above have full legal authority to act and sign
on behalf of the City for their assigned role/document.
SECTION 5, - Continaent 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, - Revisions to Aareement. The City further understands
that prior to its authorized representatives/agents 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 stipulations. The City accepts the legal obligation that it
3
Recreation & Conservation Office Grants
Upper Mill Creek Park and Kent Memorial Park
shall, prior to execution of any agreement, confer with its authorized
representatives/agents as to any revisions to the project agreement from
that of the sample agreement. The City also acknowledges and accepts that
if its authorized representatives/agents execute agreements with any such
revisions, all terms and conditions of the executed agreements shall be
conclusively deemed to be executed with the City's authorization.
SECTION 8, - 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. -Matchino Funds Avai . If match is required for
the grant, the City understands it 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 these projects should they not materialize.
SECTION 70. - Reimbursement Basis. The City acknowledges that if
it receives grant funds managed by the Office, the Office will pay the City
on only a reimbursement basis. The City understands reimbursement basis
means that the City will only request payment from the Office after the City
incurs grant eligible and allowable costs and pays 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 77. - Property Dedication for Land Acquisitions. Project
#2O-L49IA includes land acquisition for Upper Mill Creek Park. As a result,
the City acknowledges that any property acquired with grant assistance
must be dedicated for purposes of the grant in perpetuity unless otherwise
agreed to in writing by the City and the Office. For that project, the City
agrees to dedicate the property in a signed "Deed of Right" for fee
4
Recreation & Conservation Office Grants
Upper Mill Creek Park and Kent Memorial Park
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's Director.
SECTION 72. - Property Dedication for Development. Renovation.
Enhancement, and Restoration Projects. Kent Memorial Park, which will be
renovated under Project #2O-L254D and Project #20-L263D, is located
upon property wholly owned by the City of Kent, The City acknowledges
that any propefty 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 the Office in writing and per the Agreement or an
amendment thereto.
SECTION 73. - Resolution a Part of Application. This resolution is
deemed to be part of the formal grant application to the Office.
SECTION 74, - 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 75, - 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 22O Fourth Avenue South,
Kent, WA.
5
Recreation & Conservation Office Grants
Upper Mill Creek Park and Kent Memorial Park
Oar^a
DANA MLPH, unvon V -\--June 16,2020
Date Approved
KIMBERLEY A oTo, clw c
APPROVED
June 16,2020
Date Adopted
CITY ATTORNEY
6
Recreation & Conservation Office Grants
Upper Mill Creek Park and Kent Memorial Park