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HomeMy WebLinkAbout5522 RESOLUTION NO. 5522 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING APPLICATION SUBMISSION FOR GRANT FUNDING ASSISTANCE FOR THE JACOBSEN TREE FARM PARK DEVELOPMENT PROJECT TO THE RECREATION AND CONSERVATION FUNDING BOARD AS PROVIDED IN 79A.25 RCW, WAC 286, AND OTHER APPLICABLE AUTHORITIES WHEREAS, the Jacobsen Tree Farm Park Development project will install a new lawn, a playground, restrooms a dog park, improved access and parking, and associated infrastructure to the park; and WHEREAS, the Washington State Recreation and Conservation Office (RCO) provides grant funding to protect and improve the state's natural and outdoor recreation resources; and WHEREAS, the City of Auburn Parks, Arts, and Recreation Department seeks to apply for funding assistance from the RCW for the Jacobsen Tree Farm Park Development project ("Project"). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The City of Auburn is authorized to apply for funding assistance managed by RCO for the Project. Section 2. The City of Auburn authorizes Daryl Faber, Director of Parks, Arts and Recreation ("Director"), to execute a grant application and to administer the RCO grant, if awarded, for the Project; and the Mayor to execute a RCO grant agreement, any grant amendments, and grant-related authorizing property and real estate documents related to the RCO grant for the Project. Resolution No. 5522 May 14, 2020 Page 1 of 4 Rev. 2019 Section 3. The City has reviewed the sample project agreement on the RCO's website, at: http://www.rco.wa.qovidocuments/manuals&forms/SampleProt Agreement.pdf. The City understands and acknowledges that if offered an agreement to execute, the agreement will contain the 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 the Mayor enters into an agreement on our behalf. Section 4. The City acknowledges and warrants, after conferring with its legal counsel, that by this resolution the Director and the Mayor have full legal authority to act and sign on behalf of the City for the documents referenced in Section 2 and to legally bind the City with respect to the Project for which the City seeks RCO grant funding assistance. Section 5. The City acknowledges that RCO grant assistance is contingent on executing an RCO project agreement, which act shall be purely voluntary upon the City. Section 6. The City acknowledges and 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. The City further acknowledges and understands that prior to the Mayor and Director executing any of the grant documents, the RCO may make revisions to its sample agreement and that such revisions could include the indemnification and the legal venue stipulation. The City accepts the legal obligation to confer with the Mayor and the Director prior to any revisions to the project agreement from that of the sample agreement, Resolution No. 5522 May 14, 2020 Page 2 of 4 Rev.2019 and acknowledge that execution of any agreements so revised by the Director and the Mayor shall be conclusively deemed executed with our authorization. Section 8. The City acknowledges that any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the Project. Section 9. If a match is required for the grant, the City acknowledges that it will be required to certify the availability of match funds at least one month before funding approval, and that it is responsible for supporting all non-cash matching share commitments to this project should they not materialize. Section 10. The City acknowledges that if it receives grant funds managed by the RCO, the RCO will pay on only a reimbursement basis, and the City acknowledges that it will only request payment from the RCO after he City incurs grant eligible and allowable costs and pays them. The RCO may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. Section 11. 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 RCO in writing and per the grant agreement or an amendment thereto. Section 12. This resolution is deemed part of the formal application to the RCO. Section 13. 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 it to the warranties, certifications, promises and obligations set forth herein. Resolution No. 5522 May 14, 2020 Page 3 of 4 Rev.2019 Section 14. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 15. This Resolution will take effect and be in full force on passage and signatures. Dated and Signed: May 18, 2020 Location: Auburn, WA CITY OF AUBURN ANCY KUS, MAYOR ATTEST: APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk Douglas Ruth, Assistant City Attorney Resolution No. 5522 May 14, 2020 Page 4 of 4 Rev.2019 JACOBSENTREE FARM Printed Date: 5/12/2020 Map Created by City of Auburn eGIS Imagery Date:May 2015 Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic to W data as mapped.The City of Auburn makes no warranty as to its accuracy. 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