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Resolution 22-015, RCO GrantCITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION 22-015 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, RELATING TO AUTHORITY TO APPLY FOR TWO GRANTS FROM THE WASHINGTON RECREATION CONSERVATION OFFICE FOR GREENACRES PARK PHASE 2 DEVELOPMENT: 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 for additional developed park and recreational property in the City; and WHEREAS, state grant assistance is requested by the City to aid in financing the cost of certain improvements for Greenacres Park Phase 2 (the Project), RCO Project number(s) 22-1693 and 22-1694; and WHEREAS, this Resolution authorizes City Manager John Hohman to act as the authorized representative/agent on behalf of Spokane Valley and to legally bind our organization with respect to the Project for which we seek grant funding assistance managed through the Recreation and Conservation Office (RCO). NOW, THEREFORE, BE IT RESOLVED that: Section 1. The City has applied for funding assistance managed by RCO for the above Projects. Section 2. The City authorizes the following persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding our organization on the above projects: (1) John Bottelli, Parks, Recreation & Facilities Director — Grant application (submission thereof); (2) John Bottelli, Parks, Recreation & Facilities Director —Project contact (day-to-day administering of the grant and communicating with RCO); (3) John Hohman, City Manager - RCO Grant Agreement (Agreement); (4) John Hohman, City Manager — Agreement amendments; and (5) John Hohman, City Manager - Authorizing property and real estate documents (Notice of Grant, Deed of Right or Assignment of Rights if applicable). The above persons are considered "authorized representative(s)/agent(s)" for purposes of the documents indicated. The City 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. The City has reviewed the sample project agreement on the RCO's website at: https://rco.wa.gov/wp-content/uploads/2019/06/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 our 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(s)/agent(s) have full legal authority to act and sign on behalf of the City for their assigned role/document. 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. Resolution 22-015 RCO Grant 2022 Section 6. 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 our organization. Section 7. The City further understands that prior to the City's 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. The City accepts the legal obligation that the City shall, prior to execution of the Agreement(s), confer with the City's authorized representative(s)/agent(s) as to any revisions to the project Agreement from that of the sample Agreement. The City also acknowledges and accepts that if the City's authorized representatives)/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 the City's 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. Section 9. If local matching funds are required for the grant, we understand the City 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. The City acknowledges that if it receives grant funds managed by RCO, RCO will pay the City only on a reimbursement basis. The City understands reimbursement basis means that we will only request payment from the RCO after we incur grant eligible and allowable costs and pay 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 the RCO in writing and pursuant to the project agreement or an amendment thereto. Section 12. This Resolution is deemed to be part of the formal grant application to the RCO. Section 12. The City warrants and certifies that this Resolution was properly and lawfully adopted following the requirements of the City of Spokane Valley and applicable laws and policies and that the City has full legal authority to commit to the warranties, certifications, promises and obligations set forth herein. Section 13. Resolution 22-007 is repealed in its entirety and replaced with this Resolution 22-015. Section 14. Effective date. This Resolution shall be in full force and effect upon adoption. Adopted this 16th day of August, 2022. ATTEST: Christine Bainbridge, City Clerk Approved as Office of he City City of Spokane Valley Pam Haley, Mayor. -� Resolution 22-015 RCO Grant 2022