HomeMy WebLinkAboutReg 2019-06-17 Item 4D - Resolution - Grant Application to WA State Recreation and Conservation Office for Chinook Wind and Park AcquisitionCOUNCIL AGENDA SYNOPSIS
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06/17/19
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ITEM INFORMATION
ITEM No.
4.D.
S'I'AUF SPONSOR: MIKE PERFETTI
ORIGINAL AGINDA DATE: 06/17/19
AGENDA ITEm TITLE Chinook Wind Project - Amended Resolution for the Washington State Recreation
and Conservation Office's (RCO) Grant Application
Civri;(;()ItY fl Discussion
Mt,g Date
El Motion
Mt Date
E Resolution
Mtg Date 6/17/19
Ordinance
Mt&Date
Bid Award
AN Date
0 Public Hearing
Mg Date
111 Other
AltgDate
SPONSOR Counci l Mayor HR DCD Finan •e EFire ETS P&R Police P1V flcouri
SP oNSoit' S King County acquired the Chinook Wind site in 2015 and is currently developing the habitat
SUMMARY restoration. An amendment to Resolution No. 1943 in needed for the RCO grant application
for a total of $314,400 with a 50% City match, or $157,200. This RCO grant is set to
develop public use and maintain access. The City match will come from budgeted Surface
Water funds or other grant sources, if possible. Council is being asked to approve the
ameded Resolution authorizing submission of grant funding of $314,400.
REVIEWED BY
11 C.O.W.
Mtg. CDN Comm 11 Finance Comm. El Public Safety Comm.
Arts Comm. 111 Parks Comm. El Planning Comm.
COMMITTEE CI -LAIR: KRULLER FOR CHAIRMAN IDAN
Trans &Infrastructure
DATE: 06/04/19
RECOMMENDATIONS:
SpoNsoR/ADmIN.
CommITIEE
Public Works Department
Unanimous Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXPI ,NDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source: 412 SURFACE WATER
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
06/17/19
MTG. DATE
ATTACHMENTS
06/17/19
Informational Memorandum dated 05/31/19
Draft Revised Resolution
Summary of Changes
Page 95, 2019 CIP
Minutes from the Transportation & Infrastructure Committee meeting of 06/04/19
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Allan Ekberg, Mayor
Public Works Department - Henry Hash, Director
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Henry Hash, Public Works Director
BY: Mike Perfetti, Habitat Project Manager
CC: Mayor Ekberg
DATE: May 31, 2019
SUBJECT: Surface Water Funds - Chinook Wind
Project No. 91441202
Resolution for RCO Grant Application
ISSUE
Approve a Revised Resolution to the State of Washington Recreation and Conservation Office (RCO) for
a grant application for the Chinook Wind Project.
BACKGROUND
King County acquired the Chinook Wind site in 2015 and is currently developing the habitat restoration
component through their in -lieu fee mitigation program. The City of Tukwila, per City Resolution No.
1856, will accept ownership of the Chinook Wind property in the future. As such, the City desires to
develop public use and maintenance access to Chinook Wind, including a trail, trailhead parking, site
furnishings, and signage.
DISCUSSION
The City authorized the submittal of a grant application to the RCO in May 2018 (RCO ALEA grant #18-
2023) and followed up with an Application Resolution/Authorization Form in the form of a City Resolution
(Resolution No. 1943) in September 2018. However, Resolution No. 1943 did not include RCO's most
current authorizing language and they are now requiring that grant applicants agree to the new language
in the Applicant Resolution template. A summary of the changes is attached.
Note that this Resolution also includes authorization to submit a Parks acquisition grant to RCO and the
Community Development and Neighborhoods Committee is being briefed on that project.
FISCAL IMPACT
The RCO grant application total is $314,400 and requires a 50% City match, or $157,200. The City
match will come from budgeted Surface Water funds or other grant sources, if possible.
Grant
RCO Grant
City match
Total amount
2019 ALEA grant
$ 157,200
$ 157,200
$ 314,400
RECOMMENDATION
Council is being asked to approve the revised Resolution authorizing the submission of a grant funding
request of $314,400.00 and consider this item on the Consent Agenda at the June 17, 2019 Regular
Meeting.
ATTACHMENTS
• Draft revised Resolution
• RCO revised Application Summary of Changes
• Page 95, 2019 CIP
W:IPW Eng1PROJECTSIA- DR Projects\Chinook Wind (91441202)1Grants12018 RCO_ALEAIInfo Memo_Chinook Wind_Revised 2019 RCO Grant Resolubon_20190531.docx
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING AND RESTATING
RESOLUTION NO. 1943 TO AUTHORIZE SUBMISSION OF
AN APPLICATION FOR GRANT FUNDING ASSISTANCE FOR
THE CHINOOK WIND PROJECT (#91441202), AND AN
APPLICATION FOR GRANT FUNDING ASSISTANCE FOR A
PARK ACQUISITION PROJECT (#90930102), TO THE
RECREATION AND CONSERVATION OFFICE, AS PROVIDED
IN RCW 79.105.150, RCW 79A.15.030, WAC 286-13, AND
OTHER APPLICABLE AUTHORITIES; AND TO USE THE
RECREATION AND CONSERVATION OFFICE'S APPLICANT
RESOLUTION/AUTHORIZATION FORMAT.
Organization Name (sponsor) City of Tukwila, Washington
Resolution No.
Project Number(s), Name(s), and RCO Project Number(s):
Project #91441202 .... Chinook Wind RCO # 18-2033
Project #90930102 .... Park Acquisition RCO # 18-1908
This resolution/authorization authorizes the person identified below (in Section 2) to
act as the authorized representative/agent on behalf of our organization and to legally
bind our organization with respect to the above Project(s) for which we seek grant
funding assistance managed through the Recreation and Conservation Office (Office).
WHEREAS, state grant assistance is requested by our organization to aid in
financing the cost of the Project(s) referenced above;
WHEREAS, under the provisions of the Aquatic Lands Enhancement Account
(ALEA), RCW 79.105.150, state grant assistance is requested to aid in financing the
cost of the Chinook Wind project; and
WHEREAS, under the provisions of the Washington Wildlife and Recreation
Program's Outdoor Recreation Account, RCW 79A.15.030 and WAC 286, state grant
assistance is requested to aid in financing the cost of acquiring and developing a
shoreline park at South 116th Street at the Green-Duwamish River; and
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WHEREAS, the City Council of the City of Tukwila considers it in the best public
interest to complete the Chinook Wind capital improvement project, and acquire and
develop a shoreline park at South 116th Street at the Green-Duwamish River as
described in the applications; and
WHEREAS, as of 2018, the Recreation and Conservation Office requires that all
new grant applications submitted agree to their Application/Resolution Authorization
template;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Our organization has applied for or intends to apply for funding
assistance managed by the Office for the above "Project(s)."
Section 2. The Mayor of the City of Tukwila is authorized to act as a
representative/agent for our organization 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 our organization, (3) sign any amendments thereto on behalf
of our organization, (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. Our organization has reviewed the sample project agreement on the
Recreation and Conservation Office's WEBSITE at: irco.ud.ao�i�i�c",;�. ra!
na ,! ials&= ms•S�1 n , , :,i, c;reemerit. ad. We understand and acknowledge 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 our representative/agent
enters into a project agreement on our 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. Our organization 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. Grant assistance is contingent on a signed project agreement. Entering
into any project agreement with the Office is purely voluntary on our part.
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Section 6. Our organization 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 our
organization.
Section 7. Our organization further understands that prior to our 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. Our
organization accepts the legal obligation that we shall, prior to execution of the project
agreement(s), confer with our authorized representative/agent as to any revisions to the
project agreement from that of the sample project agreement. We also acknowledge
and accept that if our 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 our authorization.
Section 8. 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. Our organization 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 our organization
upon execution by our representative/agent.
Section 10. If match is required for the grant, we understand our organization must
certify the availability of match at least one month before funding approval. In addition,
our organization understands it is responsible for supporting all non -cash matching
share commitments to this project should they not materialize.
Section 11. Our organization 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 the Project is complete.
Section 12. Our organization 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 our organization 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.
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Section 13. Our organization 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. Our organization acknowledges that any property owned by our
organization 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.
Section 15. Our organization acknowledges that any property not owned by our
organization 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. Our organization 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. This resolution/authorization is deemed to be part of the formal grant
application to the Office.
Section 18. Our organization warrants and certifies, after conferring with its legal
counsel, that this resolution/authorization was properly and lawfully adopted following
the requirements of our organization and applicable laws and policies and that our
organization has full legal authority to commit our organization to the warranties,
certifications, promises and obligations set forth herein.
Section 19. Resolution No. 1943 is hereby repealed in its entirety.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Rachel B. Turpin, City Attorney
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May 31, 2019
Recreation and Conservation Office (RCO) revised Application/Resolution Authorization Form
Summary of Changes
As of 2018, all new grant applications submitted to the RCO require that applicants agree to the RCO's
new Application/Resolution Authorization template as part of the agreement. The list below is a staff
summary of the changes from the previous template and is intended to provide a quick overview of
changes to help decision makers and authorized agents understand the changes that have been made.
Section 1: The project managers are removed by name from the agreement.
Section 2: This section limits the ability for the City to have a staff member act as an agent for the City
as it requires the individual to 1) approve grant application submittals 2) enter into project agreements
and 3) sign amendments. These are duties of the City Council and the Mayor. Part 5 gives authority to
the agent to designate day-to-day contacts, which would fall under project managers' purview.
Section 4: requires the City's legal counsel to verify that the agent signing the agreement has the full
legal authority to do so.
Section 5: The City acknowledges that entering the grant agreement is voluntary but receiving grant
assistance is contingent on a signed project agreement.
Section 6: requires the City to acknowledge that it understands that grant policies and requirements
vary depending on the grant program and the funding source. (staff note: The RCO distributes funds
from a variety of State and Federal sources that often have their own funding criteria and 'strings
attached').
Section 7: requires the City to acknowledge that the RCO may revise its sample project agreement prior
to executing the agreement, and that the City accepts the legal obligation to inform its agent of changes
and to accept revisions to the agreement if executed. The emphasis here is on potential revisions to
indemnification, the waiver of sovereign immunity and legal venue.
Section 9: Following up on Section 7, the City must acknowledge that no additional authorization is
required to revise the indemnification, the waiver of sovereign immunity (as may apply to Tribes) and
the legal venue stipulation.
Section 10. This new section modifies previous match share language (old Section 4), adding a
requirement to certify match availability at least one month before funding approval.
Section 12. This new section modifies previous long term commitment language (old Section 7) in that,
as it pertains to acquisition projects, the City agrees to dedicate the property in a signed "Deed of Right"
or other legal document to be recorded on the title with the County Auditor.
Section 13: This new section also modifies old Section 7's language to require that public access, for
property acquired in fee title, must be made available immediately, unless otherwise provided for in
policy or agreement.
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CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2019 to 2024
PROJECT: Chinook Wind Project No. 91441202
DESCRIPTION: King County purchased site and will restore it as a salmon estuary and passive park in partnership
with the City.
The WRIA 9 Salmon Recovery Plan recommends creating 20-acres of off -channel habitat within the
JUSTIFICATION: Duwamish Transition Zone and lists this section of the river as critical habitat for salmon recovery
within the Green/Duwamish Watershed.
STATUS: Property purchased and site cleared by King County in 2015 using King Conservation Futures and
King County Mitigation Bank. Site planned to be turned over to Tukwila.
MAINT. IMPACT: Passive park will require additional maintenance and will include Duwamish Gardens.
COMMENT:
Grant funding for construction is from the KC Mitigation Bank. City applied for State RCO grant of $138k
for trail & parking.
FINANCIAL Through Estimated
in $000's
2017 2018 2019
2020 2021 2022 2023 2024 BEYOND TOTAL
EXPENSES
Design
7
9
75
25
116
Land (RMI)
52
125
177
Monitoring
15
15
15
15
15
15
15
105
Const. Mgmt.
20
20
Construction
275
275
TOTAL EXPENSES
59
9
215
335
15
15
15
15
15
693
FUND SOURCES
Awarded Grant
138
138
Proposed Grant
50
137
187
Mitigation Actual
0
Mitigation Expected
0
City Oper. Revenue
59
9
165
60
15
15
15
15
15
368
TOTAL SOURCES
59
9
215
335
15
15
15
15
15
693
roject Location
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2019 - 2024 Capital Improvement Program
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City of Tukwila
City Council Transportation & Infrastructure Committee
TRANSPORTATION & INFRASTRUCTURE COMMITTEE
Meeting Minutes
June 4, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall
Councilmembers: Kate Kruller, Acting Chair; Thomas McLeod, Kathy Hougardy
Staff: David Cline, Henry Hash, Hari Ponnekanti, Han Kirkland, Mike Perfetti, Cyndy
Knighton, Brandon Miles, and Gail Labanara
Guests: Kevin Stamey (Wave), Stuart Bennion (BergerAbam, now WSP)
CALL TO ORDER: Acting Committee Chair Kruller called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
II. BUSINESS AGENDA
A. Grant Amendment: Riverton Creek Flapgate Removal Project
Staff is seeking Council approval of Amendment No. 2 to the 18-083 grant agreement with the
Washington State Recreation and Conservation Office (RCO) for the Riverton Creek Flapgate
Removal Project. Amendment No. 2 includes $100,000 in additional funding from the RCO, which
was requested through WRIA 9 to accommodate design changes resulting from Salmon Recovery
Funding Board comments on the preliminary design. Sponsor match will come from Cooperative
Watershed Management funding from the King County Flood Control District as well as 2019-2020
Surface Water Utility revenue. The overall CIP budget will be increased due to this additional
funding. UNANIMOUS APPROVAL. FORWARD TO JUNE 17, 2019 REGULAR CONSENT AGENDA.
B. Resolution: Chinook Wind Revised Grant Application
Staff is seeking Council approval of an amended Resolution that would authorize a revised grant
application to the Washington State Recreation and Conservation office for the Chinook Wind
Project. The previously adopted Resolution No. 1943 did not include RCO's most current
authorizing language and they are requiring that applicants agree to the new language. The
proposed Resolution also includes authorization to submit a Parks acquisition grant to RCO. If
successful, the 50% match of $157,200 will come from budgeted Surface Water funds or other
identified grant sources. The City match will be within the current CIP budget of $165,000.
UNANIMOUS APPROVAL. FORWARD TO JUNE 17, 2019 REGULAR CONSENT AGENDA.
C. Ordinance: Astound Broadband LLC Franchise Extension
Staff is seeking Council approval of an Ordinance that would extend the franchise term with
Astound Broadband, LLC (dba Wave), for an additional year through August 11, 2020. In a letter to
the City, Wave requested an additional five-year term, but the current franchise ordinance only
allows for a one-year extension for negotiations of the franchise. UNANIMOUS APPROVAL.
FORWARD TO JUNE 10, 2019 COMMITTEE OF THE WHOLE.
D. Resolution: Adopting 2020 - 2025 Transportation Improvement Program
Staff is seeking Council approval of a Resolution to adopt the annual update of the Six -Year
Transportation Improvement Program (TIP) for 2020 - 2025 The TIP is a compilation of
transportation projects planned within the next six years that are deemed regionally significant or
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