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Resolution 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 X11 ATTE'. • Ben Wick, Mayor 0' ... �N 0 J hristine Bainbridge, City Clerk Approved as to form: A1 ffi of the Attorney Resolution 20-008 RCO Grant 2020 Page 2 of 2