HomeMy WebLinkAbout3835 Resolution RESOLUTION NO.'S35
Sacajawea Heritage Trail Levee Lowering Project
A RESOLUTION authorizing the City Manager, or his designee, to act as the authorized
representative/agent on behalf the City of Pasco and to legally bind the City of Pasco with
respect to the above Project for which we seek grant funding assistance managed through the
Recreation and Conservation Office.
WHEREAS, state grant assistance is requested by our organization to aid in financing the cost of
the Project referenced above;
NOW,THEREFORE,BE IT RESOLVED that:
1. Our organization has applied for,or intends to apply for funding assistance managed by the Office
for the above "Project."
2. Dave Zabell,City Manager,or his designee,is authorized to act as a representative/agent for our
organization with full authority to bind the organization regarding all matters related to the Project,
including but not limited to, full authority to: (1) approve submittal of a grant application to the
Office, (2)enter into a project agreement on behalf of our organization, (3) sign any amendments
thereto on behalf of our organization, (4)make any decisions and submissions required with
respect to the Project, and(5)designate a project contact to implement the day-to-day
management of the grant.
3. Our organization has reviewed the sample project agreement on the Recreation and Conservation
Office's WEBSITE at:https://rco.wa.gov/documents/manuals&forms/SampleProjAgreement.pd£
We understand and acknowledge that if offered a project agreement to sign in the future, it will
contain an indemnification and legal venue stipulation(applicable to any sponsor) and a waiver of
sovereign immunity(applicable to Tribes)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 sponsor if our representative/agent enters into a
project agreement on our behalf. The Office reserves the right to revise the project agreement
prior to execution and shall communicate any such revisions with the above authorized
representative/agent before execution.
4. Our organization acknowledges and warrants, after conferring with its legal counsel,that its
authorized representative/agent has full legal authority to enter into a project agreement on its
behalf,that includes indemnification,waiver of sovereign immunity(as may apply to Tribes), and
stipulated legal venue for lawsuits and other terms substantially in the form contained in the
sample project agreement or as may be revised prior to execution.
5. Grant assistance is contingent on a signed project agreement. Entering into any project agreement
with the Office is purely voluntary on our part.
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.
7. Our organization further understands that prior to our authorized representative/agent executing
the project agreement,the RCO may make revisions to its sample project agreement and that such
revisions could include the indemnification,the waiver of sovereign immunity, and the legal
venue stipulation. Our organization accepts the legal obligation that we shall,prior to execution of
the project agreement,confer with our authorized representative/agent as to any revisions to the
project agreement from that of the sample project agreement. We also acknowledge and accept
that if our authorized representative/agent executes the project agreement with any such revisions,
all terms and conditions of the executed project agreement(including but not limited to the
indemnification,the waiver of sovereign immunity, and the legal venue stipulation) shall be
conclusively deemed to be executed with our authorization.
8. Any grant assistance received will be used for only direct eligible and allowable costs that are
reasonable and necessary to implement the project referenced above.
9. Our organization acknowledges and warrants, after conferring with its legal counsel,that no
additional legal authorization beyond this authorization is required to make the indemnification,
the waiver of sovereign immunity(as may apply to Tribes), and the legal venue stipulation
substantially in form shown on the sample project agreement or as maybe revised prior to
execution legally binding on our organization upon execution by our representative/agent.
10. 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.
11. 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 the
Project is complete.
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 project agreement or an amendment thereto.
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 project agreement or an amendment thereto.
14. This resolution/authorization is deemed to be part of the formal grant application to the Office.
15. Our organization warrants and certifies,after conferring with its legal counsel,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.
This application authorization was adopted by our organization during the meeting held in the
Council Chambers at Pasco City Hall on the /&qday of Apri / ,2018.
Signed and approved on behalf of the resolving body of/the organization by the following
authorized member:
174
Matt Watkins,Mayor
ATTEST: APPROVED AS TO FORM:
(j,calzte
) 11111Daniela Erickson Leland B. Kerr
City Clerk City Attorney
Washington State Attorney General's Office
Approved as to form:
`-- 1/19/18
Assistant Attorney General Date