HomeMy WebLinkAboutResolution 20-008 RCO Grant CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
RESOLUTION 20-008
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, RELATING TO AUTHORITY TO APPLY FOR A GRANT FROM THE
WASHINGTON RECREATION CONSERVATION OFFICE FOR THE FLORA ROAD
PROPERTY ACQUISITION,AND OTHER MATTERS RELATING THERETO.
WHEREAS,the City Council adopted its Parks and Recreation Master Plan 2019 Update(Parks Master
Plan)on November 12,2019,which identified the need to acquire additional vacant land for the development of
park and recreational areas within the City;and
WHEREAS, the City has negotiated the terms of an acquisition of 45 acres of vacant, largely natural
property near the Spokane River for$2,091,600;and
WHEREAS,state grant assistance is requested by the City to aid in financing the cost of the Flora Road
project(the Project);and
WHEREAS,this Resolution authorizes City Manager Mark Calhoun to act as the authorized
representative/agent on behalf of Spokane Valley and to legally bind the City with respect to the Project for
which the City seeks grant funding assistance managed through the Recreation and Conservation Office(RCO).
NOW,THEREFORE,BE IT RESOLVED that:
Section 1.The City intends to apply for funding assistance from RCO for the Project.
Section 2. City Manager Mark Calhoun is authorized to act as a representative for the City with full
authority to bind the City regarding all matters related to the Project, including but not limited to,full authority to:
(1) approve submittal of a grant application to RCO, (2) enter into a project agreement(s) on behalf of the City,
(3) sign any amendments thereto on behalf of the City, (4) make any decisions and submissions required with
respect to the Project, and (5) designate a project contact(s) to implement the day-to-day management of the
grant(s).
Section 3. The City has reviewed the sample project agreement on the RCO's website at:
https://rco.wa.gov/wp-content/uploadsl2019/06/SampleProjAgreement.pdf. The City understands and
acknowledges that if offered a project 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 project
agreement, and that such terms and conditions of any signed project agreement shall be legally binding on the
City if the City's representative enters into a project agreement on the City's behalf. The RCO reserves the right
to revise the project agreement prior to execution and shall communicate any such revisions with the City's
representative before execution.
Section 4. The City acknowledges and warrants, after conferring with its legal counsel, that its
authorized representative has full legal authority to enter into a project agreement(s)on its behalf 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 RCO is purely voluntary on the part of the City. 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 project agreement,the characteristics of the project,and the characteristics of the City's organization.
The City further understands that prior to the City's execution of the project agreement(s), the RCO may
Resolution 20-008 RCO Grant 2020 Page 1 of 2
make revisions to its sample project agreement,which the City will review,and which shall become legally
binding upon full execution.
Section 6.Any grant assistance received will only be used for direct eligible and allowable costs that are
reasonable and necessary to implement the Project.
Section 7. If local matching funds are 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 this project should they not materialize.
Section 8. The City acknowledges that if it receives grant funds managed by RCO, RCO will pay the
City on a reimbursement-only basis. The City understands reimbursement basis means that the City will only
request payment from the RCO after the City incurs and pays for grant-eligible and allowable costs. The RCO
may also determine an amount of retainage for each project and hold that amount until the applicable project is
complete.
Section 9.The City 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 the City and the RCO. The City
agrees 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 RCO's standard versions of those
documents),to be recorded on the title of the property with the Spokane County Auditor.
Section 10. 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 project agreement,or authorized in writing by
the RCO Director.
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 the RCO in writing and pursuant to the project agreement or an
amendment thereto.
Section 12.This Resolution was legally adopted pursuant to the laws of the City of Spokane Valley and
the State of Washington,and is deemed to be part of the formal grant application to the Office.
Section 13. Effective date. This Resolution shall be in full force and effect upon adoption.
Adopted this 1241'day of May, 2020.
City of Spokane Valley
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ATTE'. • Ben Wick, Mayor
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... �N 0 J
hristine Bainbridge, City Clerk
Approved as to form:
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ffi of the Attorney
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