HomeMy WebLinkAboutRes 2066 - Grant Application for Nelsen Side Channel Project with Salmon Recovery Funding BoardWashington
Resolution No. 206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AUTHORIZING SUBMISSION OF
AN APPLICATION(S) FOR GRANT FUNDING ASSISTANCE
FOR THE NELSEN SIDE CHANNEL PROJECT (#91641203) TO
THE SALMON RECOVERY FUNDING BOARD AS PROVIDED
IN RCW CHAPTER 77.85, RCW 77.95.180, WAC TITLE 420 AND
OTHER APPLICABLE AUTHORITIES.
Organization Name (sponsor) City of Tukwila, Washington
Resolution No............... ........ .............2066
Project Number(s), Name(s), and RCO Project Number(s):
Project #91641203... Nelsen Side Channel Project
RCO # 23-1115
WHEREAS, 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 ("the
Office"); and
WHEREAS, under provisions of WAC chapter 420-12, state grant assistance is
requested to aid in financing the cost of the Nelsen Side Channel Project; and
WHEREAS, the City Council of the City of Tukwila considers it in the best public
interest to complete the Nelsen Side Channel capital improvement project;
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)."
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Section 2. Our organization authorizes the following persons or persons holding
specified titles/positions (and subsequent holders of those titles/positions) to execute the
following documents binding our organization on the above projects:
Grant Document
Name of Signatory or Title of
Person Authorized to Sign
Grant application (submission thereof)
Allan Ekberg, Mayor
Project contact (day-to-day administering of
the grant and communicating with the RCO)
Mike Perfetti, Senior Surface Water
Program Manager
RCO Grant Agreement (Agreement)
Allan Ekberg, Mayor
Agreement amendments
Allan Ekberg, Mayor
Authorizing property and real estate
documents (Notice of Grant, Deed of Right
of Assignment of Rights if applicable).
These are items that are typically recorded
on the property with the county.
Hari Ponnekanti, Public Works
Director
The above persons are considered an "authorized representative(s)/agent(s)" for
purposes of the documents indicated. Our organization shall comply with a request from
the RCO to provide documentation of persons who may be authorized to execute
documents related to the grant.
Section 3. Our organization has reviewed the sample RCO Grant Agreement on the
Recreation and Conservation Office's WEBSITE at: https://rcoma.gov/wp-
content/uploads/201 9/06/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. Our organization acknowledges and warrants, after conferring with its legal
counsel, that its authorized representative(s)/agent(s) have full legal authority to act and sign
on behalf of the organization for their assigned role/document.
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(s)/agent(s) executing any of the documents listed above, the RCO may
make revisions to its sample Agreement and that such revisions could include the
indemnification and the legal venue stipulation. Our organization 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 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. 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 10. 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 all project deliverables, grant reports, or
other responsibilities are complete.
Section 11. 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.
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
Agreement, or authorized in writing by the Office Director.
Section 12. 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 Agreement or an amendment
thereto.
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Section 13. 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 Agreement or an amendment thereto.
Section 14. 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 15. This resolution/authorization is deemed to be part of the formal grant
application to the Office.
Section 16. Our organization warrants and certifies 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
the Regular Meeting thereof this 3t day of 9- , 2023.
ATTEST/AUTHENTICATED:
044ahettey
Christy O'Flaherty, MMC
City Clerk Council President
is Delostrinos Johnson
APPROVED AS TO FORM BY:
Office of the Cfty Attorney
Filed with the City Clerk: 3
Passed by the City Council:
Resolution Number: 2 T6
CCAResolutionstegislative Development‘Grant funding appl-Nelsen Side Channel Project 3-8-23
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