HomeMy WebLinkAboutRes2020-059 Sponsored by: Meszaros
CITY OF SEWARD,ALASKA
RESOLUTION 2020-059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, ACCEPTING A DESIGNATED LEGISLATIVE GRANT
AGREEMENT FROM THE ALASKA DEPARTMENT OF COMMERCE,
COMMUNITY, AND ECONOMIC DEVELOPMENT (DCCED) IN THE
AMOUNT OF$440,306 FOR THE MITIGATION OF COVID-19 EFFECTS
AT THE CRUISE SHIP TERMINAL,AND APPROPRIATING FUNDS
WHEREAS, the City was notified that the Alaska Department of Commerce,
Community, and Economic Development (DCCED) had appropriated $440,306 to the City in a
FY 2020 Designated Legislative Grant Agreement; and
WHEREAS,the Designated Legislative Grant Agreement states that the purpose of these
funds,per AS 37.05.315, is to"provide funding to City of Seward for use towards for responding
to and mitigating the risk of corona virus disease(COVID-19)"; and
WHEREAS, to receive these grant funds, the City, in coordination with the Alaska
Railroad and the cruise ship agency, provided details regarding the scope of work for COVID-19
related projects, timeline, and budget narrative; and
WHEREAS, on July 7, 2020 the City received the Designated Legislative Grant
Agreement, 20-CPV-06, for mitigating COVID-19 at the cruise ship terminal; and
WHEREAS, the City's intent is to work with the Alaska Railroad to create a
Memorandum of Agreement (MOA) for the proper use of the funds for mitigating COVID-19
effects at the Cruise ship Terminal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD,ALASKA that:
Section 1. The City Council of the City of Seward, Alaska agrees to accept $440,306
from the Designated Legislative Grant Agreement, 20-CPV-06, and to comply with the
conditions stated in the agreement itself between the City of Seward and the Alaska Department
of Commerce, Community, and Economic Development(DCCED).
Section 2. Funding in the amount of $440,306 is hereby accepted to State CPV grant
account no. 11103-0000-5926-0080 and appropriated to project expense account 11103-0000-
7812-0080.
Section 3.This resolution shall take effect immediately upon adoption.
1
CITY OF SEWARD,ALASKA
RESOLUTION 2020-059
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
27th day of July, 2020.
THE CITY OF SEWARD,ALASKA
re
Sue McClure,Vice Mayor
AYES: Crites, Baclaan, Butts, Seese, Osenga, McClure
NOES: None
ABSENT: None
ABSTAIN: Terry(conflict of interest)
ATTEST:
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renda J. Ball u, MM -0-72/
City Clerk
(City Seal)
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Agenda Statement
Meeting Date: July 27, 2020
To: City Council
From: City Manager, Scott Meszaros ��
Agenda Item: Resolution of the City Council of the City of Seward, Alaska to accept
$440,306.00 under the Designated Legislative Grant Agreement from the
Alaska Department of Commerce, Community, and Economic
Development(DCCED), for the mitigation of COVID-19 effects at the
Cruise Ship Terminal
BACKGROUND & JUSTIFICATION:
In order to stop the spread of the coronavirus (COVID-19), Governor Dunleavy issued many
state health mandates that imposed several social and business restrictions throughout Alaska.
On April 29, 2020, the City was notified by the DCCED that the State appropriated a 2020
Designate Legislative Grant 20-CPV-06 in the amount of$440,306.00 for the purpose of
responding to, and mitigating the risk of, COVID-19 at the Seward Cruise Ship Terminal. Tire
grant agreement, and its rules and regulations, are included with the resolution.
To receive these grant funds, the City, in coordination with the Alaska Railroad and the cruise
ship agency, were required to provide details regarding the scope of work for COVID-19 related
projects, timeline, and budget narrative.
After completing these steps, on July 7, 2020, the City received the Designated Legislative Grant
Agreement, 20-CPV-06, for mitigating COVID-19 effects at the Cruise ship Terminal.
The City is working with the Alaska Railroad to create a Memorandum of Agreement(MOA) for
the proper use of these funds and to comply with the conditions of the grant agreement.
City Council approval is needed to accept the Designated Legislative Grant Agreement funds in
the amount of$440,306.00.
INTENT:
To accept the Designated Legislative Grant Program funding in the amount of$440,306.00
from the Alaska Department of Commerce, Community, and Economic Development
Division of Community and Regional Affairs.
42
CONSISTENCY CHECKLIST: Yes No NIA
1 Comprehensive Plan X
2 Strategic Plan X
3. Other ist : Emergency Declaration Extension COVID-19 X
ATTORNEY REVIEW: Yes: No: X
FISCAL NOTE:
This State grant will be received to the State CPV fund account no. 11103-0000-5926-0080 and
will only be used at the Seward Cruise Ship Terminal for COVID-19 related expenses agreed to
in the MOA and within the conditions of the grant agreement.
Approved by Finance Department: t`
-4---------
RECOMMENDATION:
For Council to approve Resolution 2020- 059 , authorizing The City of Seward to accept
$440,306.00 from the State of Alaska under the Designated Legislative Grant Program.
43
OF Tt ,
DEPARTMENT OF COMMERCE,COMMUNITY,AND ECONOMIC DEVELOPMENT
DIVISION OF COMMUNITY AND REGIONAL AFFAIRS
Designated Legislative Grant Program
Grant Agreement
0
FAL c15
Grant Agreement Number Vendor Number Amount of State Funds
20-CPV-06 COS84266 $440,306.00
GAE Appropriation Unit Lapse Date Project Title for responding to and Mitigating the risk of
corona virus disease (COVID-19) outbreak in the state for
088611166;088611206 06/30/2021 the fiscal years ending June 30,2020 and June 30,2021
Grantee Department Contact Person
Name Name
City of Seward Robin Park
Street/PO Bog Title
PO Box 167 Grants Administrator II
City/State/Zip Street/PO Bog
Seward,AK 99664 PO Box 110809
Contact Person City/State/Zip
Naneth Ambrosiani Juneau,AK 99811
Phone Fax Phone Fax
907-224-4063 907-224-4038 907-465-4731 907-465-4761
Email Email
nambrosiani cit ofseward.net robin.12arkgalaska. ov
AGREEMENT
The Alaska Department of Commerce, Community, and Economic Development, Division of Community and Regional
Affairs (hereinafter`Departments and City of Seward (hereinafter`Grantee agree as set forth herein.
Section I.The Department shall pay the Grantee for the performance of the project work under the terms outlined in this
Agreement. The amount of the payment is based upon project expenses incurred, which are authorized under this
Agreement. In no event shall the payment exceed$440,306.00.
Section II.The Grantee shall perform all of the work required by this Agreement.
Section III.The work to be performed under this Agreement begins March 26,2020,and shall be completed no later than
June 30,2021.
Section IV.The Agreement consists of this page and the following-
ATTACHMENTS AMENDMENTS
Attachment A: Scope of Work Any fully executed amendments to this Agreement
1. Project Description
2. Project Budget APPENDIX
3. Project Management Appendix A: State Laws and Regulations
4. Reporting
Attachment B: Payment Method
Attachment C: Standard Provisions
Grantee Department
Signature Signature
Printed Name and Title Printed Name and Title
Scott Meszaros,City Manager Robert Pearson,LGS V
Date Date
Reviewed by. -
Rev.412020 Designated Legislat44 Grant Agreement Page I of 13
Attachment A
Scope of Work
1. Project Description
The purpose of this FY2020 Designated Legislative Grant in the amount of$440,306.00 [pursuant to thepm)isions
of AS 37.05.315, SLA 2020, HB 234, Chapter 7, Section 8, Page 12, and Line 11-20]is to provide funding to City
of Seward for use towards for responding to and Mitigating the risk of corona virus disease (COVID-19)
outbreak in the state for the fiscal years ending June 30, 2020 and June 30, 2021. The objective of this project
is to mitigate the risk of corona the virus.
This project may include the following items:
• Mobile outside screening tents
• Signage /markings on the deck, Seating areas
• Non-touch restroom facilities (doorless entries, automatic paper towel dispensers, flushing toilets, etc.)
• UVC Downlights in rest rooms and on countertops and railing.
• Designated secondary (medical) screening room (rather than a screened off area)
• Increased visual cleaning and sanitation practices
• Hand sanitizer stations throughout the terminal and dock
• Antibacterial surface treatments
• Temperature screening scanners/measures-including digital portable no touch and walk through
screeners
• Staff for continual sanitation
• Electrostatic sprayers to transportation and touch surfaces, and fogging machines for motor coaches and
trains
• UVC technology
• Stocks of PPE- masks,gloves
• COVID 19 specialist physician on retainer
• Training for shoreside port operators on COVID 19 detection and handling
• COVID 19 rapid test kits
Additional expenditures must be reasonable and relative to the project objective and may require pre approval
by the department.
No more than five percent (5%) of the total grant award may be reimbursed for Administrative expenses for
projects involving equipment purchase or repairs and no more than ten percent (10%) of the total grant award
may be reimbursed for Administrative expenses for all other projects. To be reimbursed for eligible
administrative costs, expenses must be reported on the Designated Legislative Grant Financial/Progress
Report form.
2. Project Budget
Cost Category Total Project Costs
Project Funds $440,306.00
Administration $0.00
Total Grant Funds $440,306.00
Rev.1112019 Designated Legislati4e5 Grant Agreement Page 2 of 13
3. Project Management
This project will be managed by the Grantee.
Signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the chief
administrator. For grants appropriated to a municipality, the mayor is the chief administrator unless the
municipality operates a managerial form of government; then the city manager/administrator acts as the chief
administrator. For named recipients and unincorporated communities,the executive director or highest ranking
official will act as chief administrator.
The chief administrator may delegate authority for executing the Grant Agreement and amendments to others
within the Grantee's organization via the Signatory Authority Form. The chief administrator also designates
financial and performance progress reporting authority via the Signatory Authority Form. Such delegation is
limited to others within the Grantee's organization unless otherwise approved by the Department.
The Grantee must establish and maintain separate accounting for the use of this grant. The use of grant funds
in any manner contrary to the terms and conditions of this Grant Agreement may result in the subsequent
revocation of the grant and any balance of funds under the grant.It may also result in the Grantee being required
to return such amounts to the State.
If applicable under state law, grantees must be registered and in good standing with the Department of
Commerce, Community and Economic Development's Division of Corporations, Business and Professional
Licensing.
4. Reporting
The Grantee shall submit a Designated Legislative Grant Financial/Progress Report Form provided by the
Department each month, or quarterly, with the concurrence of the Department, during the life of the Grant
Agreement. Grant Financial/Progress Report Forms are due thirty (30) days after the end of the month or
quarter being reported.The report period is the first of the month through the last day of the month.If quarterly
reporting is approved,the report period is the first day of the first month through the last day of the third month
of the quarter. The final Financial/Progress Reports must be submitted within thirty (30) days following
completion of the project.
Rev.412020 Designated Legislative Grant Agreement Page 3 of 13
46
Attachment B
Payment Method
1. Reimbursement Payment
Upon receiving and approving a Grantee's Financial/Progress Report, the Department will reimburse the
Grantee for expenditures paid during the reporting period, in accordance with this Grant Agreement. The
Department will not reimburse without approved Financial/Progress Reports,prepared and submitted by the
Grantee on the form provided by the Department. Before approving the financial/progress report for
payment,the Department may require the Grantee to submit documentation of the costs reported(e.g.,copies
of vendor billings/invoices and proof of payment,general ledger expenditure report).
2. Advance Payment
In most instances, the Department will make payment to a Grantee on a cost reimbursable basis. If cost
reimbursement significantly inhibits the Grantee's ability to implement the project, the Department may
advance to the Grantee an amount not to exceed a projected thirty (30) day cash need, or twenty percent
(20%) of the amount in Section I,whichever is less.
Before the Department will issue an advance, the Grantee must submit a "Request for Advance Payment"
form along with documentation of costs associated with the advance. The "Request for Advance Payment"
form can be obtained from the Department electronically or in hard copy.
All advances will be recovered with the Grantee's next Financial/Progress Report form. Should earned
payments during the terms of this Grant Agreement be insufficient to recover the full amount of the advance,
the Grantee will repay the unrecovered amount to the Department when requested to do so by the
Department, or at termination of the Grant Agreement.
3. Withholding of Ten Percent (10%)
The Department may withhold ten percent (10%) of the amount in Section I until the Department determines
that the Grantee has satisfactorily completed the terms of this Grant Agreement, including all required
reporting of the project.
Rev.412020 Designated Legislative Grant Agreement Page 4 of 13
47
Attachment C
Standard Provisions
Article 1. Definition
"Department" refers to the Department of Commerce, Community, and Economic Development with the
State of Alaska.
Article 2. Indemnification
It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant
Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of the
Grant Agreement.
The Grantee, its successors and assigns,will protect, save, and hold harmless the Department and the State of
Alaska and their authorized agents and employees, from all claims, actions, costs, damages, or expenses of any
nature whatsoever by reason of the acts or omissions of the Grantee, its subcontractors, assigns, agents,
contractors,licenses,invitees,employees,or any person whomever arising out of or in connection with any acts
or activities authorized by this Grant Agreement. The Grantee further agrees to defend the Department and
the State of Alaska and their authorized agents and employees in any litigation,including payment of any costs
or attorney's fees for any claims or actions commenced thereon arising out of or in connection with acts or
activities authorized by this Grant Agreement. This obligation shall not include such claims, costs, damages, or
expenses which may be caused by the sole negligence of the Department of the State of Alaska or their
authorized agents or employees, provided, that if the claims or damages are caused by or result from the
concurrent negligence of(a) the Department and the State of Alaska and their agents or employees, and (b) the
Grantee, its agents or employees, this indemnity provision shall be valid and enforceable only to the extent of
the negligence of the Grantee, or Grantee's agents or employees.
Article 3. Legal Authority
The Grantee certifies that it possesses legal authority to accept grant funds under the State of Alaska and to
execute the project described in this Grant Agreement by signing the Grant Agreement document. The
Grantee's relation to the Department and the State of Alaska shall be at all times as an independent Grantee.
Article 4. Waivers
No conditions or provisions of this Grant Agreement can be waived unless approved by the Department in
writing. The Department's failure to insist upon strict performance of any provision of the Grant Agreement,
or to exercise any right based upon a breach thereof,or the acceptance of any performance during such a breach,
shall not constitute a waiver of any right under this Grant Agreement.
Article 5. Access to Records
The Department and duly authorized officials of the State of Alaska shall have full access and the right to
examine, excerpt, or transcribe any pertinent documents, papers, records, and books of the Grantee, and of
persons or organizations with which the Grantee may contract,involving transactions related to the project and
this Grant Agreement.
Article 6. Reports
The Grantee, at such times and in such forms as the Department may require, shall furnish the Department
with such periodic reports as it may request pertaining to the activities undertaken pursuant to this Grant
Agreement,including the final close-out report,the costs and obligations incurred in connection therewith, and
any other matters covered by this Grant Agreement.
Rev.412020 Designated Legislative Grant Agreement Page 5 of 13
48
Article 7. Retention of Records
The Grantee shall retain financial and other records relating to the performance of this Grant Agreement for a
period of six years from the date when the final financial status report is submitted to the Department, or until
final resolution of any audit findings, claims, or litigation related to the grant.
Article 8. Assignability
The Grantee shall not assign any interest in this Grant Agreement and shall not transfer any interest in the same
(whether by assignment or novation).
Article 9. Financial Management and Accounting
The Grantee shall establish and maintain a financial management and accounting system that conforms to
generally accepted accounting principles.
Article 10. Program Income
Program income earned during the award period shall be retained by the Grantee and added to the funds
committed to the award and used for the purpose and under the conditions applicable to the use of award funds.
Article 11. Amendments and Modifications
The Grantee or the Department may request an amendment or modification of this Grant Agreement.
However, such amendment or modification shall not take effect until approved,in writing, by the Department
and the Grantee.
Article 12. Recordkeeping
The Grantee agrees to keep such records as the Department may require. Such records will include information
pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays and
income. They will also include information pertaining to project performance and efforts to comply with the
provisions of the Grant Agreement.
Article 13. Obligations Regarding Third-Party Relationships
None of the Work specified in this Grant Agreement shall be contracted by the Grantee without prior approval
of the Department. No permission for subcontracting shall create, between the Department or the State of
Alaska and the subcontractor, any contract or any relationship.
The Grantee shall remain fully obligated under the provisions of this Grant Agreement notwithstanding its
designation of any third party or parties of the undertaking of all or any part of the project described herein.
Any subcontractor that is not the Grantee shall be required by the Grantee to comply with all applicable
provisions of this Grant Agreement.
The Grantee shall bind all subcontractors to each and every applicable Grant Agreement provision. Each
subcontract for work to be performed with funds granted under this Grant Agreement shall specifically include
a provision that the Department and the State of Alaska are not liable for damages or claims from damages
arising from any subcontractor's performance or activities under the terms of the subcontracts.
Rev.412020 Designated Legislative Grant Agreement Page 6 of 13
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Article 14. Conflict of Interest
No officer or employee of the Department;no member, officer, or employee of the Grantee or its designees or
agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and
no other official of such locality or localities who exercises any functions or responsibilities with respect to the
project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any
contract, subcontract,or the proceeds thereof,for work to be performed in connection with the project assisted
under this Grant Agreement.
The Grantee shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision
prohibiting such interest pursuant to the purpose of this provision.
Article 15. Political Activity
No portion of the funds provided hereunder shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
Article 16. Notices
The Grantee shall comply with all public notices or notices to individuals required by applicable state and federal
laws and shall maintain a record of this compliance.
Article 17. Prohibition Against Payment of Bonus or Commission
The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval or concurrence under this contract provided, however, that reasonable
fees of bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not
hereby prohibited if otherwise eligible as project costs.
Article 18. Termination by Mutual Agreement
This Grant Agreement may be terminated, in whole or in part, prior to the completion of contract project
activities when both parties agree that continuation is not feasible or would not produce beneficial results
commensurate with the further expenditure of funds.The Department will determine whether an environmental
review of the cancellation is required under State and/or Federal law. The parties must agree on the termination
conditions, including effective date and the portion to be terminated. The Grantee shall not incur new
obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations
as possible. The Department shall make funds available to the Grantee to pay for allowable expenses incurred
before the effective date of termination.
Article 19. Termination for Cause
If the Grantee fails to comply with the terms of this Grant Agreement, or fails to use the grant for only those
purposes set forth herein, the Department may take the following actions:
A. Suspension—After notice in writing by certified mail to the Grantee, suspend the grant and withhold any
further payment or prohibit the Grantee from incurring additional obligations of grant funds, pending
corrective action by the Grantee or a decision to terminate. Response must be received within fifteen
(15) days of receipt of the written notice.
B. Termination — Terminate the grant in whole or in part, at any time before the final grant payment is
made. The Department shall promptly notify the Grantee in writing of its determination to terminate,
the reason for such termination,and the effective date of the termination. Payments made to the Grantee
or recoveries by the Department shall be in accordance with the legal rights and liabilities of the parties.
Rev.412020 Designated Legislative Grant Agreement Page 7 of 13
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Article 20. Withdrawal of Funds
In the event funding from the state, federal, or other sources is withdrawn,reduced, or limited in any way after
the effective date of this Grant Agreement and prior to normal completion, the Department may terminate the
agreement, reduce funding, or re-negotiate subject to those new funding limitations and conditions. A
termination under this article shall be implemented under the same conditions as a termination under Article 19
of this Attachment.
Article 21. Recovery of Funds
In the event of a default or violation of the terms of the Grant Agreement by the Grantee,the Department may
institute actions to recover all or part of the project funds paid to the Grantee. Repayment by the Grantee of
grant funds under this recovery provision shall occur within thirty (30) days of demand.
All remedies conferred on the Department by this agreement or any other instrument or agreement are
cumulative, not exclusive, and may be exercised concurrently or consecutively at the Department's option.
Article 22. Disputes
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this
agreement that is not disposed of by mutual agreement shall be decided by the Department,which shall reduce
its decision to writing and mail, or otherwise furnish a copy thereof, to the Grantee. The decision of the
Department shall be final and conclusive.
This "Disputes" clause does not preclude the consideration of questions of law in connection with the decision
provided for in the preceding paragraph provided that nothing in the Grant Agreement shall be construed as
making final the decisions of any administrative official,representative, or board on a question of law.
Article 23.Jurisdiction
This Grant Agreement shall be governed by the laws and statutes of the State of Alaska. The venue of any suit
hereunder may be in the Superior Court for the First Judicial District,Juneau,Alaska.
Article 24. Ownership of Project/Capital Facilities
The Department makes no claim to any capital facilities or real property improved or constructed with funds
under this Grant Agreement and, by this grant of funds, does not and will not acquire any ownership interest
or title to such property of the Grantee. The Grantee shall assume all liabilities arising from the ownership and
operation of the project and agrees to hold the Department and the State of Alaska harmless from any and all
causes of action arising from the ownership and operation of the project.
Article 25. Site Control
If the grant project involves the occupancy and use of real property, the Grantee assures that it has the legal
right to occupy and use such real property for the purposes of the grant, and further that there is legal access to
such property.
As a minimum requirement, the Grantee should obtain a "sufficient interest" that allows the Grantee the right
to use and occupy the site for the expected useful life of the building,structure or other improvement. Generally,
the interest obtained should be for at least 20 years.A sufficient interest depends upon the nature of the project
and the land status of the site.
Rev.412020 Designated Legislative Grant Agreement Page 8 of 13
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Article 26. Insurance
The Grantee is responsible for obtaining any necessary liability insurance and maintain in force at all times
during the performance of this Grant Agreement the insurance policies identified below. All insurance policies
shall comply with, and be issued by insurers licensed to transact the business of insurance under Alaska Statute
AS 21. The Grantee shall require any contractor hired to work on the project be licensed, bonded and insured
for at least the amount of the project and if appropriate provide and maintain Professional Liability Insurance.
A. Workers' Compensation Insurance for all employees engaged in work under this Grant Agreement,
coverage as required by AS 23.30.045, and;where applicable, any other statutory obligations including but
not limited to Federal U.S.L. &H. and Jones Act requirements.
B. Commercial General Liability Insurance covering all business premises and operations used by the
Grantee in the performance of this project and Grant Agreement with coverage limits not less than
$300,000 combined single limit per occurrence and annual aggregates where applicable.
C. Comprehensive Automobile Liability Insurance covering all vehicles used by the Grantee in the
performance of this project and Grant Agreement with coverage limits not less than $100,000 per
person/$300,000 per occurrence bodily injury and$50,000.00 property damage.
D. Professional Liability Insurance covering all errors, omissions or negligent acts of the contractor,
subcontractor or anyone directly or indirectly employed by them, made in the performance of this
contract which result in financial loss to the State. Limits required are per the following schedule:
Contract Amount Minimum Required Limits
Under$100,000 $100,000 per occurrence/annual aggregate
Article 27. Subcontracts for Engineering Services
In the event that the Grantee subcontracts for engineering services,the Grantee will require that the engineering
firm certify that it is authorized to do business in the State of Alaska. In the event that the engineering firm is
also the project administrator,the Grantee shall require that the bond or insurance shall be for not less than the
amount of the entire project.
Article 28. Governing law
This Grant Agreement is governed by the laws of the State of Alaska. The Grantee shall perform all aspects of
this project in compliance with the appropriate laws and regulations. It is the responsibility of the Grantee to
ensure that all permits required for the construction and operation of this project by the Federal,State,or Local
governments have been obtained.
Article 29. Budget Flexibility
Notwithstanding the provisions of Article 11, Attachment C, the Grantee may revise the project budget in
Attachment A without a formal amendment to this agreement. Such revisions are limited within each line item
to a maximum of ten percent (10%) of the line item or $10,000,whichever is less, over the entire term of this
agreement. Such budget revisions shall be limited to changes to existing budget line items. Budget revisions
may not be used to increase any budget item for project administrative expenses. Changes to the budget beyond
the limits authorized by this provision may only be made by a formal amendment to this agreement.
Article 30. Equal Employment Opportunity (EEO)
The Grantee may not discriminate against any employee or applicant for employment because of race,religion,
color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy, or
parenthood. The Grantee shall post in a conspicuous place, available to employees and applicants for
employment, a notice setting out the provisions of this paragraph.
Rev.412020 Designated Legislative Grant Agreement Page 9 of 13
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The Grantee shall state, in all solicitations or advertisements for employees to work on state funded projects,
that it is an equal opportunity employer (EEO) and that all qualified applicants will receive consideration for
employment without regard to race, religion, color, national origin, age, physical handicap, sex, marital status,
changes in marital status, pregnancy, or parenthood.
The Grantee shall include the provisions of this EEO article in every contract relating to this Grant Agreement
and shall require the inclusion of these provisions in every agreement entered into by any of its contractors, so
that those provisions will be binding upon each contractor or subcontractor.
Article 31. Public Purposes
The Grantee agrees that the project to which this Grant Agreement relates shall be dedicated to public purposes
for its useful life. The benefits of the project shall be made available without regard to race, religion, color,
national origin, age,physical handicap, sex,marital status, changes in marital status, pregnancy, or parenthood.
If the Grantee is a non-municipal entity and if monies appropriated under this grant constitute the sole or
principal funding source for the acquisition of equipment or facilities, the Grantee agrees that in the event a
municipal corporation is formed which possesses the power and jurisdiction to provide for such equipment or
facilities, the Grantee shall offer,without compensation, to transfer ownership of such equipment or facilities
to the municipal corporation.
If the Grantee is a non-profit corporation that dissolves, the assets and liabilities from the grant project are to
be distributed according to statutory law,AS 10.20.290-10.20.452.
Article 32. Operation and Maintenance
Throughout the life of the project, the Grantee shall be responsible for the operation and maintenance of any
facility, equipment, or other items acquired under this grant.
Article 33. Assurance
The Grantee shall spend monies awarded under this grant only for the purposes specified in this Grant
Agreement.
Article 34. Current Prevailing Rates of Wage
Certain grant projects are constrained by the provisions of AS 36. PUBLIC CONTRACTS. To the extent that
such provisions apply to the project which is the subject of this Grant Agreement, the Grantee shall pay the
current prevailing rates of wage to employees as required by AS 36.05.010. The Grantee also shall require any
contractor to pay the current prevailing rates of wage as required by AS 36.05.010.
Article 35. Severability
If any provision under this Grant Agreement or its application to any person or circumstance is held invalid by
any court of rightful jurisdiction,this invalidity does not affect other provisions of the contract agreement which
can be given effect without the invalid provision.
Article 36. Performance
The Department's failure to insist upon the strict performance of any provision of the Grant Agreement or to
exercise any right based upon breach thereof or the acceptance of any performance during such breach shall
not constitute a waiver of any rights under this Grant Agreement.
Rev.412020 Designated Legislative Grant Agreement Page 10 of 13
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Article 37. Sovereign Immunity
If the Grantee is an entity which possesses sovereign immunity,it is a requirement of this grant that the Grantee
irrevocably waive its sovereign immunity with respect to state enforcement of this Grant Agreement. The
waiver of sovereign immunity,effected by resolution of the entity's governing body,is herein incorporated into
this Grant Agreement.
Article 38. Audit Requirements
The Grantee must comply with the audit requirements of the Alaska Administrative Code set forth in
2AAC45.010. AUDIT REQUIREMENTS. An entity that expends a cumulative or total, equal to the state
single audit threshold during the fiscal year is required to have a state single audit. A copy of the most current
2AAC45.010 adopted regulations is available at the Alaska Department of Administration's State Single Audit
website: http://doa.alaska.Vov/dof/ssa/index.ht".
Current audit compliance supplements and guides specific to programs under AS 37.05.315 Grants to
Municipalities, AS 37.05.316 Grants to Named Recipients, and AS 37.05.317 Grants to Unincorporated
Communities can be found at http://doa.alaska.Vov/dof/ssa/audit guide.html.
Article 39. Close-Out
The Department will advise the Grantee to initiate close-out procedures when the Department determines, in
consultation with the Grantee, that there are no impediments to close-out and that the following criteria have
been met or soon will be met:
A. All costs to be paid with grant funds have been incurred with the exception of close-out costs and any
unsettled third-party claims against the Grantee. Costs are incurred when goods and services are received
or contract work is performed.
B. The last required performance report has been submitted. The Grantee's failure to submit a report will
not preclude the Department from effecting close-out if it is deemed to be in the State's interest. Any
excess grant amount that may be in the Grantee's possession shall be returned by the Grantee in the
event of the Grantee's failure to finish or update the report.
C. Other responsibilities of the Grantee under this Grant Agreement and any close-out agreement and
applicable laws and regulations appear to have been carried out satisfactorily or there is no further State
interest in keeping the grant open for the purpose of securing performance.
Article 40. Americans with Disabilities Act
The Americans with Disabilities Act (ADA) prohibits discrimination against persons with disabilities. Title I of
the ADA prohibits discrimination against persons with disabilities in employment and provides that a reasonable
accommodation be provided for applicants and employees. Title II of the Act prohibits public agencies from
discriminating against individuals with disabilities in the provision of services, programs, or activities.
Reasonable accommodation must be made to ensure or allow access to all services,programs,or activities.This
section of the Act includes physical access to public facilities and requires that public entities must,if necessary,
make modifications to their facilities to remove physical barriers to ensure access by persons with disabilities.
All new construction must also be accessible to persons with disabilities. A public entity's subgrantees or
contractors must also comply with the ADA provisions. Grantees are responsible for assuring their compliance
with the ADA.
Rev.412020 Designated Legislative Grant Agreement Page 11 of 13
54
Appendix A
State Laws and Regulations and Permits
Grantees are responsible for all applicable state laws, regulations and permits; including but not limited to the
following list which most commonly affects Grantees.
Municipality Public Facility Operations and Maintenance—AS 37.05.315(c)
In accepting a grant under AS 37.05.315 for construction of a public facility, a municipality covenants with the
State that it will operate and maintain the facility for the practical life of the facility and that the municipality will
not look to the State to operate or maintain the facility or pay for its operation or maintenance.This requirement
does not apply to a grant for repair or improvement of an existing facility operated or maintained by the State
at the time the grant is accepted if the repair or improvement for which the grant is made will not substantially
increase the operating or maintenance costs to the State.
Restriction on Use—AS 37.05.321
A grant or earnings from a grant under AS 37.05.315 -37.05.317 may not be used for the purpose of influencing
legislative action. In this section "influencing legislative action" means promoting, advocating, supporting,
modifying, opposing, or delaying or seeking to do the same with respect to any legislative action but does not
include the provision or use of information, statistics, studies, or analyses in written or oral form or format. A
grant or earnings from a grant made under AS 37.05.315 - 37.05.317 may not be used for purposes of travel in
connection with influencing legislative action unless pursuant to a specific request from a legislator or legislative
committee.
Hiring Preferences—AS 36.10
This chapter of the Alaska Statutes applies to grants for public works projects and requires compliance with the
hiring preferences under AS 36.10.150—36.10.175 for employment generated by the grant.
Historic Preservation Act—AS 41.35
This chapter of the Alaska Statutes applies to public construction of any nature undertaken by the State, or by
a governmental agency of the State, or by a private person under contract with or licensed by the State or a
governmental agency of the State. The Department of Natural Resources must be notified if the construction
is planned for an archaeological site. The Department of Natural Resources may stop the construction to
determine the extent of the historic,prehistoric, or archaeological values.
Fire Protection—AS 18.70
This chapter of the Alaska Statutes requires the Alaska Department of Public Safety (the State Fire Marshal) to
adopt regulations (currently in the form of Uniform Fire Code, as amended) establishing minimum standards
for:
1. Fire detection and suppression equipment;
2. Fire and life safety criteria in commercial, industrial, business, institutional, or other public buildings
used for residential purposes containing four or more dwelling units;
3. Any activity in which combustible or explosive materials are stored or handled in commercial quantities;
4. Conditions or activities carried on outside a building described in (2) or (3) likely to cause injury to
persons or property.
Rev.412020 Designated Legislative Grant Agreement Page 12 of 13
55
Procurement Preference for State Agricultural and Fisheries Products—AS 29.71.040
This chapter of the Alaska Statutes applies to municipalities that use state funds to purchase agricultural and
fisheries products. The law requires:
1. When agricultural products are purchased,only such products harvested in the state shall be purchased
whenever priced no more than seven percent above products harvested outside the state, and of like
quality compared with agricultural products harvested outside the state.
2. When fisheries products are purchased, only fisheries products harvested or processed within the
jurisdiction of the state shall be purchased whenever priced no more than seven percent above products
harvested or processed outside the jurisdiction of the state,available,and of like quality compared with
fisheries products harvested or processed outside the jurisdiction of the state.
Alaska Product Preferences—AS 36.15
This chapter of the Alaska Statutes applies to projects financed by state money in which the use of timber,
lumber,and manufactured lumber products is required,only timber,lumber and manufactured lumber projects
originating in this state from local forests shall be used wherever practicable. The law requires the insertion of
this clause in calls for bids and in all contracts awarded.
Permits and Environmental Procedures
The Alaska Department of Environmental Conservation (ADEC) regulates all activities in Alaska that might
pollute the air,water or soil. There are dozens of ADEC permits related to constructing and operating public
buildings. The law requires the following permits, including others designated by the commissioner. The
following list is not intended to be all-inclusive.
• Air Emissions Permit • Permit to Appropriate Water
• Anadromous Fish Protection Permit • Pesticides Permit
• Authorization for Tidelands • Preferred Use Permit
Transportation • Right-of-Way and Easement Permits
• Brine or Other Salt Water Waste • Solid Waste Disposal
Disposal Permit • Special Land Use Permit
• Burning Permit during Fire Season • State Game Refuge Land Permit
• Coal Development Permit • State Park Incompatible Use Permit
• Critical Habitat Area Permit • Surface Oiling Permit
• Dam Construction Permit • Surface Use Permit
• Driveway Permit • Tide and Submerged Lands Prospecting
• Encroachment Permit Permit
• Miscellaneous State Land Use Permit • Tidelands Permit
• Mineral and Geothermal Prospecting • Tidelands Right-of-Way or Easement Permit
Permits • Utility Permit
• Occupied Tide and Submerged Land • Waste Water Disposal Permit
• Open Burning Permit • Water Well Permit
• Permit for Use of Timber or Materials
Rev.412020 Designated Legislative Grant Agreement Page 13 of 13
56
of rr Department of Commerce, Community,
THE STATE and Economic Development
01A1 1J DIVISION OF COMMUNITY AND REGIONAL AFFAIRS
- Juneau Office
Y-� = GOVLRNORMIKL DUNLEAVY
P.O. Box 110809
ALAS�'�`� Juneau,Alaska 99811-0809
Main:907.465.4731
Fax:907.465.4761
April 29, 2020
Scott Meszaros, City Manager
City of Seward
410 Adams Street
Seward,AK 99664
RE: FY 20 Designated Legislative Grant
Dear Mr. Meszaros:
I am pleased to notify you the City of Seward has been appropriated a FY 2020 Designated Legislative Grant per
AS 37.05.315, Grants to Municipalities, for the purpose of Mitigating the risk of COVID-19. The amount of state
funding appropriated for this grant is $440,306.00.
In order to receive grant funds, a grant agreement must be executed. Please provide the following information
within 30 days:
• A scope of work for this project which includes a detailed project description,proposed timeline and detailed
budget narrative.
• Original completed Signatory Authority Form (enclosed).
Upon receipt of the requested information,I will prepare and send the grant agreement for signature. Please note:
Grant recipients will be required to provide a final summary report once the project is complete.
The latest Designated Legislative Handbook is available online at:
https://www.commerce.alaska.gov/web/dcra/GrantsSecfon/DLGrants.aspx and should answer any questions you
have regarding management and use of grant funds.
Congratulations on this award. I look forward to working with you to ensure the success of this project. If you
have any additional questions, contact me via phone at (907)465-4731 or email robin.park@alaska.gov.
Sincerely,
Robin Park
Grants Administrator II
Enclosure
57
CITY OF SEWARD Main Office(907)2244050
16
P.O. BOX 167 Police(907)224-3338
• Harbor(907)224-3138
SEWARD,ALASKA 99664-0167 Fire(907)224-3445
• City Clerk(907)2244046
• Community Development(907)224-4049
• Utilities(907)224-4050
May 6, 2020 Fax(907)2244038
Robin Park, Grant Administrator II
SOA-DCCED Div. of Community and Regional Affairs
Juneau, Alaska 998 1 1-0809
Re: FY20 Designated Legislative Grant
Dear Ms. Park:
The list below is what the City of Seward would utilize for responding to and mitigating the risks of
COVID-19 at the Cruise Ship Terminal. Working with the Cruise Lines and support staff, this is the list
that was developed:
• Mobile outside screening tent to keep terminal as infection free as possible- to include separated
area from main screening area for screened out guests
• Social distancing measures
Signage ,-'markings on the deck
0 Seating areas separated to smaller groups
• Non touch restroom facilities (doorless entries, automatic paper towel dispensers, flushing
toilets, etc.)
UVC Downlights in rest rooms and on countertops and railing.
• Designated secondary (medical) screening room(rather than a screened off area)
• Increased visual cleaning and sanitation practices
• Hand sanitizer stations throughout the terminal and dock- 20-30
• Antibacterial surface treatments
• Signage for health precautions
• Temperature screening scanners/measures- including digital portable no touch and walk through
screeners
• Staff for continual sanitation
• Electrostatic sprayers to transportation and touch surfaces, and fogging machines for motor
coaches and trains
• UVC technology
• Stocks of PPE- masks, gloves (staff check-in, security, longshore, etc.)
• COVID 19 specialist physician on retainer
• Training for shoreside port operators on COVID 19 detection and handling
• COVID 19 rapid test kits
Sincerely,
Scott Mes gyros
Seward City Manger
Enclosure
58
DESIGNATED LEGISLATIVE GRANT SIGNATORY AUTHORITY FORM
Department of Commerce,Community,and Economic Development,Division of Community and Regional Affairs
Please clearly print,submit ORIGINAL form,and submit an updated form annually or whenever changes are
made to the information below.
Grantee Name: Date:
CITY OF SEWARD APR II_30, 2020
Regular Election Held(if applicable): Telephone Number:
907-224-4063
Grantee Contact Name: Fax Number:
NANETH AMBROSIANi 907-224-4038
Address: E-mail Address:
410 ADAMS STREET NAM BROSIANI@CITYOFSEWARD,NET
City,State,Zip Code: Federal Tax ID 9:
SEWARD, AK 99664-0167 92-6000086
Indicate reporting frequency: Monthly Reporting 0 Quarterly Reporting
Use this section to designate individuals other than the Chief Administrator to sign the following documents:
Grant Agreements and Amendments: Financial/Progress Reports and Advance Requests:
Printed Name: Printed Name:
SCOTT MESZAROS SAM HICKOK
Title: Title:
CITY MANAGER ACTING FINANCE DIRECTOR
Signat Signature:
Pri ed Name: Printed Name:
NORM REGI NANETH AMBROSIANI
Title: M Title:
SEWARD HARBORMASTER GRANT ACCOUNTANT
Signature: Signature:
This signatory authority is conveyed by SCOTT MESZAROS ,the Chief
Name
Administrator of CITY OF SEWARD ,this 970 day of �-p T2-1 V ,20
(Grantee Name
ure
SCOTT MESZAROS,Cl MANAGER
—F`rinted� amejT t e
Revised 07/2018 59