HomeMy WebLinkAboutRes1993-135
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 93-135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH SAAMS FOR THE
PURPOSE OF PASSING THROUGH $100,000 IN GRANT FUNDS
FROM THE STATE OF ALASKA AND APPROPRIATING FUNDS
WHEREAS, the City Council has previously accepted a $100,000 grant from the
state of Alaska for the Seward Association for the Advancement of Marine Science
(SAAMS); and
WHEREAS, the city wishes to enter into a formal agreement with SAAMS to
provide for the disbursement of these funds as needed;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Manager is hereby authorized to execute an agreement
between the city of Seward and SAAMS to provide for the disbursement of grant funds
from the state of Alaska to SAAMS. A copy of the agreement is attached and incorporat-
ed herein by reference.
Section 2. Grant funds shall be appropriated in accordance with the terms and
conditions of the agreement with SAAMS and the grant agreement with the state of
Alaska.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this
14th day of September, 1993.
THE CITY OF SEWARD, ALASKA
Du* u&. C'~~U-
Dave W. Crane, Mayor
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GRANT AGREEMENT
BETWEEN THE CITY OF SEWARD
AND
THE SEWARD ASSOCIATION FOR THE ADVANCEMENT OF MARINE SCIENCE
WHEREAS, the 1993 Alaska Legislature, pursuant to AS 37.05.315, has appropriated grant funds to the city
of Seward (Hereinafter called the "City") in the amount of $100,000 for start-up costs for the Alaska Sea Life
Center; and
WHEREAS, the Seward Association for the Advancement of Marine Science (Hereinafter called "SAAMS")
is developing the Alaska Sea Life Center and desires to enter into an agreement with the City for receipt of
these grant funds; and
WHEREAS, SAAMS is willing to undertake the performance of this grant under the terms of this agreement;
and
WHEREAS, SAAMS has the authority under the State law or local charter and ordinances to provide the
services for which the funds were appropriated; and
WHEREAS, the City has the authority to enter into this agreement pursuant to its Charter and Code of
Ordinances; and
~REAS, the unexpended funds for this grant lapse on the five year anniversary date of July 1, 1998 if the
project is not substantially underway; upon completion of the project if work is completed prior to the five year
anniversary date; or if substantial, ongoing work stops after the five year date is reached; and
WHEREAS, the grant number is: 7/94-034; and
WHEREAS, the grant amount is: $100,000; and
WHEREAS, the grant purpose is: Alaska Sea Life Center Start-up Costs; and
WHEREAS, SAAMS will use these funds as explained below:
Start-up costs for the Alaska Sea Life Center to include, but not restricted to, salaries, benefits, office expenses,
travel and per diem for an executive director/project manager, fund raiser(s) and office assistant (s); accounting
services, legal services and costs related to the project master plan studies.
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Page 2 of3
THEREFORE, the parties agree as follows:
ARTICLE 1. GRANT CONDITIONS
~MMS
(I) will spend the grant only for the purposes specified above;
(2) will allow, on request, an audit by the State and/or City of the uses made of the grant;
(3) assures that, to the extent consistent with the purposes of the appropriation, the facilities and services
provided with the grant will be available for use of the general public;
(4) will return to the City and/or State all grant funds received for construction of a public facility if the
City and/or State, upon reviewing the documentation provided and other evidence, determines that substantial,
ongoing work on the project has not begun within five years ofthe date it was appropriated;
(5) will, for all grants for construction of a public facility, operate and maintain the facility for its
practical life and that it will not look to the City and/or State to operate or maintain the facility or pay for its
operation and maintenance;
(6) will submit a monthly municipal grant financial report to the City until the project is completed,
regardless of whether or not expenditures have been made. A final municipal grant financial report is due
within 60 days of project completion;
(7) will retain for a period of three years after project completion all contracts, invoices, materials,
payrolls, personnel records, conditions of employment, and other data relating to matters covered by the grant;
(8) will return all unexpended grant monies to the City and/or State within 60 days of project
completion;
(9) will not allow any of the grant monies or earnings from the grant to be used for the purpose of
.bbYing activities before the Alaska Legislature;
(10) will comply with the minimum wage and employment provisions of Alaska's public construction
ontract law as set out in AS 36.05.010;
(1 I) will comply with the Americans with Disabilities Act (42 U.s.e. 1210 I).
ARTICLE IT.
TERMS OF PAYMENT
Twenty percent of the grant shall be paid to SAAMS, as an advance, within 10 days of the effective date of this
agreement. The remainder of the grant will be paid after the entire advance is expended. The payments will be
based on SAAMS expenditures that exceed the advance amount. These expenditures must be reported to the
City on a municipal grant financial report. Expenditures are defined as actual cash outlays or current payables.
The City will reimburse from financial reports signed by the SAAMS President or persons designated in writing
by the SAAMS President to certify. Payment to SAAMS will be made by the City within ten days of the City's
receipt of the funds from the State.
SAAMS will at all times consult and adhere to all local, State, or Federal laws that pertain to public funds.
SAAMS recognizes the audit requirements of2 AAC 45.010 and will at all times maintain the grant financial
records sufficient to meets these requirements.
The City Manager, or his authorized designee, by written notice, may terminate this agreement, in whole or in
~~, when it is in the best interest of the City and/or State. The City is liable only for payment in accordance
~th the payment provisions of the agreement as amended or rendered before the effective date of termination.
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The amount of the grant is full consideration of SAAMS' performance.
.TlCLE III. ADDITIONAL PROVISIONS
The effective date of this agreement is the date the agreement is signed by the City.
Approved by Resolution ofthe Board of Directors of SAAMS, dated 56~ /:t I ?~J. (Copy attached and
incorporated as a part of this grant agreement.)
Approved by Resolution No 93-1~~fthe City Council of the City of Seward, Alaska, dated
'I \ \ ~ \ C\ '3 . (Copy attached and incorporated as a part of this agreement.)
IN WITNESS WHEREOF, the parties have executed this agreement.
BY:~~
City er
1{1S"'1,~
Date
SAAMS
B#~t2
President Date
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CITY OF SEWARD
ATTEST:
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rinda S. M~hy, City Clerk
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 93-135
AYES:
NOES:
ABSENT:
ABSTAIN:
A TrEST:
Bencardino, Crane, Darling, Krasnansky, Sieminski, Swartz, White
None
None
None
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson &
Brecht, Attorneys for the city of Seward,
Alaska
(City Seal)
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City Attorney