HomeMy WebLinkAboutRes 1999 - Submission of Grant Application for Duwamish Neighborhood Trail Park to Recreation and Conservation OfficeCitv of Tukwila
Washington
Resolution No. L9''
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AUTHORIZING SUBMISSION OF
AN APPLICATION FOR GRANT FUNDING ASSISTANCE
FOR THE DUWAMISH NEIGHBORHOOD TRAIL PARK
PROJECT (#91930102), TO THE RECREATION AND
CONSERVATION OFFICE, AS PROVIDED IN RCW
79.105.150, RCW 79A.15.030, WAC 286-13, AND OTHER
APPLICABLE AUTHORITIES.
Organization Name (sponsor).. ...... City of Tukwila, Washington
Resolution No 1999
Project Number, Name, and RCO Project Number:
Project #91930102 Duwamish Neighborhood Trail Park ... RCO # 20-1319
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 for wh ich we seek grant fun d i ng
assistance managed through the Recreation and Conservation Office ("the Office").
WHEREAS, state grant assistance is requested by our organization to aid in
financing the cost of the Project(s) referenced above; and
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 Duwamish Neighborhood Trail Park Project; and
WHEREAS, under the provisions of the Washington Wildlife and Recreation
Program's Outdoor Recreation Account, RCW 79A.15.030 and Title 286 WAC, state
grant assistance is requested to aid in financing the cost of developing the Duwamish
Neighborhood Trail Park Project; and
W:\Word ProcessingResol utions\Grant funding applic-Duwamish Neighborhood Trail Park 8-11-20
KK: Review and anaksis by Barbara Saxton Page 1 of 4
WHEREAS, the City Council of the City of Tukwila considers it in the best public
interest to complete the Duwamish Neighborhood Trail Park capital improvement
project, as described in the applications;
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 decisiohs 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 gran t(s).
Section 3. Our organization has reviewed the sample project agreement on the
Recreation and Conservation Office's website at: h ttps://rco.wa.gov/wp-
con tent/u ploads/2019/06/SampleProjAgreementpdf. We u nderstand 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.
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
organ ization .
W:\Wo rd Processing Resolutions\Grant funding applic-Duwamish Neighborhood Trail Park 8-11-20
KK: Review and ana4/sis by Barbara Saxton Page 2 of 4
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. Ou r
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 ven ue 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
u pon 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 organ ization 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 retain age 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.
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.
W:\Word Processing \Resol utions\ Grant fundi ng applic-Duwamish Neighborhood Trail Park 8-11-20
KK: Review and an4sis by Barbara Saxton Page 3 of 4
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 u n der
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.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Special Meeting thereof th is 'n"- day of Sto,ere.rn bex- , 2020.
ATTEST/AUTHENTICATED:
(4)/i,tr4r?, (.)(34a/ce4-E9
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
a/te:(Sete-td
Office of the City Attorney
De'Sean Quinn, Council President
Filed with the City Clerk: el -
Passed by the City Council: c/- -
Resolution Number:
W:\Word ProoassingResolutions1Grant funding applic-Duwamish Neighborhood Trail Park 8-11-20
KK: Review and ana4rsis by Barbara Saxton
Page 4 of 4