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HomeMy WebLinkAboutRes1993-116 . . . Sponsored by: Tones CITY OF SEWARD, ALASKA RESOLUTION NO. 93-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING TWO GRANTS FROM THE ST ATE OF ALASKA FOR THE ALASKA SEA LIFE CENTER WHEREAS, the city of Seward has been awarded a $12,500,000 grant from the state of Alaska for planning, design, engineering and construction of the Alaska Sea Life Center; and WHEREAS, the city of Seward has been awarded a $100,000 grant to cover start- up costs associated with the Alaska Sea Life Center; WHEREAS, these grants will be administered by the Alaska Department of Administration under the provisions of AS 37.05.315-325; and WHEREAS, these grants must be formally accepted by resolution of the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The city of Seward formally accepts Alaska State Grant No. 7/94-004 in the amount of $12,500,000 for development of the Alaska Sea Life Center and Alaska State Grant No. 7/94-034 in the amount of $100,000 for start-up costs associated with the Alaska Sea Life Center. Section 2. Copies of the two grant agreements are attached and incorporated herein by reference. 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 9th day of August, 1993. THE CITY OF SEWARD, ALASKA ~~ tB-. C~~ Dave W. Crane, Mayor . . . STANDARD AGREEMENT FORM FOR MUNICIPAL GRANTS This agreement is executed between the State of Alaska, Department of Administration (Hereinafter called the "State"), and the City of Seward (Hereinafter called the "Grantee"); WITNESSETH that: Whereas. the Grantee is willing to undertake the performance of this grant under the terms of this agreement; Whereas, the Grantee has the authority under the State law or local charter to provide the services for which funds were appropriated; Whereas. the State has the authority to enter into this agreement under AS 37.05.315; Whereas. the unexpended funds for this grant lapse on December 1. 1999 if the project is not substantially underway; upon completion of the project if work is completed prior to the lapse date; or if substantial, ongoing work stops after the lapse date is reached; Whereas. the grant number is; 7/94-004 Whereas, the grant amount is; 12.500.000 Whereas. the grant purpose is; Development of the Alaska Sea Life Center as a Recreation and Marine Mammal Rehabilitation Center and as a center for education and research related to the natural resources injured by the Exxon Valdez oil spill and to the prevention and amelioration of marine oil spills. The appropriation may be used for planning. design. engineering, and construction of the facility. Until. however. the grantee has provided to the Alaska Industrial Development and Export Authority a financial plan and a feasibility study demonstrating the financial viabUity of the proposed center and the Alaska Industrial Development and Export Authority has approved the project plan and has found the center to be financially viable, no money from this appropriation may be expended. In addition, no money from this appropriation may be expended for any phase of construction until all financing necessary to complete construction of the entire stand-alone facility has been obtained. Not more than $400,000.000 may be expended from this appropriation for deslgIl of the center Whereas, the Grantee will use these funds as explained below; Development of the Alaska SeaLife Center to include planning, design, engineering and construction. Regardless of a favorable determination by the Alaska Industrial Development and Export Authority (AIDEA) of facility financial viability, NTE $43,300 of this grant will be paid to AIDEA as reimbursement of its costs in the performance of a due-diligence study of facility financial viability as specified in the legislative appropriation. (Rev. 6/93) Page 1 of 4 TIiEREFORE, the parties agree as follows: ARTICLE I. GRANT CONDITIONS The Grantee (1) will spend the grant only for the purposes specified above; (2) will allow. on request. an audit by the State of the uses made of the grant; (3) assures that. to the extent consistent with the purpose 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 State all grant funds received for construction of a public facility if the State. upon reviewing the documentation provided and other evidence. determines that substantial. ongoing work on the project has not begun within five years of the 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 State to operate or maintain the facility or pay for its operation and maintenance. This does not apply to a grant for money 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 operation or maintenance costs to the State; (6) will submit a monthly municipal grant fmancial report to the State until the project is completed. regardless of whether or not expenditures have been made. A_ final municipal grant financial report is due within 90 days of project completion; (7) will retain for a period of three years after project completion all contract&. 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 State within 90 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 lobbying activities before the Alaska Legislature; and (10) will comply with the minimum wage and employment provisions of Alaska's public construction contract law as set out in AS 36.05.010 (copies of which are available through the Department of Labor). (11) will comply with the Americans with Disabilities Act (42 V.S.C. 12101). In general the Americans with Disabilities Act (ADA) prohibits discrimination against a qualified person with a disability because of the disability of such an individual in regard to employment. services. programs. and activities. Title I of the ADA requires that an employer make reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant for employment or who is an employee. Title II of the ADA requires that each program. service. or activity be operated so that. when viewed in its entirety, it is readily accessible and usable by individuals with disabilities. This means that the exclusion of a qualified individual with a disability from a public entity's programs, services. or activities. or the denial of benefits to such an individual. because a public entity's (Rev. 6/93) Page 2 of 4 . . . facilities are inaccessible or unusable by individuals with disabilities or because its communications with applicants. participants. and members of the public with disabilities are ineffective is prohibited. Title II requires in addition that all new construction and alterations to existing facilities must comply with the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG). A public entity's sub-grantees or contractors must also comply with the ADA provisions. Grantees will assure their compliance as a condition of the grant. ARTICLE II. TERMS OF PAYMENT Twenty percent of the grant shall be paid to the grantee. 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 grantee expenditures that exceed the advance amount. These expenditures must be reported to the Department of Administration on a municipal grant financial report. Expenditures are defined as actual cash outlays or current payables. The State will reimburse from financial reports signed by the Mayor or persons designated in writing by the Mayor to certify. If a municipality is under a Manager form of government. the state will reimburse from financial reports sigr.ed by either the Mayor or Manager or persons designated in writing by the Mayor or Manager to certify. NOTE: Signing of , this agreement does not. in any manner. excuse the recipient of the municipal grant of any other law. Alaska State Statute or City code regulations. Recipient must in all cases consult and adhere to all local. State. or Federal laws that pertain to public funds. The grantee recognizes that 2 AAC 45.010 establishes specific audit requirements for grant agreements executed after August 1. 1985. If the grantee does not have a copy of 2 AAC 45.010. one should be obtained from the Department of Administration. The Grant Administrator. by written notice. may terminate this agreement. in whole or in part. when it is in the best interest of the State. The State is liable only for payment in accordance with the payment provisions of the agreement as amended or rendered before the effective date of termination. The amount of the grant is full consideration of the grantee's performance. (Rev. 6/93) Page 3 of 4 ARTICLE III. ADDITIONAL CONTRACT PROVISIONS. The effective date of this agreement is the date the agreement is signed by the State. The effective date of the funding appropriation is "'/;2..~1 Cj:3 IN WITNESS WHEREOF, the parties have executed this agreement. Approved by Ordinance/Resolution # dated Grantee will attach a copy of Ordinance/Resolution. Grantee State of Alaska By: By: Commissioner of Administration (Official Title) (Official Title) Date: Date: DISTRIBUTION: . Grantee: [ J State: r ] FOR STATE USE ONLY Budgeted Funds are available for the period and purpose of this expenditure. Certifying Officer Date (Rev. 6/93) Page 4 of 4 . . . STANDARD AGREEMENT FORM FOR MUNICIPAL GRANTS This agreement is executed between the State of Alaska, Department of Administration (Hereinafter called the "State"). and the City of Seward (Hereinafter called the "Grantee"); WITNESSETH that: Whereas, the Grantee is willing to undertake the performance of this grant under the terms of this agreement: Whereas, the Grantee has the authority under the State law or local charter to provide the services for which funds were appropriated; Whereas. the State has the authority to enter into this agreement under AS 37.05.315: Whereas. 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; Whereas. the grant number is: 7/94-034 Whereas, the grant amount is: $100,000 Whereas. the grant purpose is; Alaska Sealife Center Start-up Costs Whereas, the Grantee will use these funds as explained below; Start-up costs for the Alaska SeaLife Center to include, but not restricted to, salaries, benefits, office expenses, travel and per diem for an executive director/project manager, fund raiser (8) and office assistant (8); accounting services, legal services and costs related to the project master plan studies. (Rev. 6/93) Page 1 of 4 THEREFORE. the parties agree as follows: ARTICLE I. GRANT CONDITIONS The Grantee (1) will spend the grant only for the purposes specified above; (2) will allow. on request, an audit by the State of the uses made of the grant; (3) assures that. to the extent consistent with the purpose of the appropriation. the fac1l1ties and services provided with the grant will be available for use of the general public; (4) will return to the State all grant funds received for construction of a public facility if the State. upon revieWing the documentation provided and other evidence. determines that substantial. ongoing work on the project has not begun within five years of the 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 State to operate or maintain the facility or pay for its operation and maintenance. This does not apply to a grant for money 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 operation or maintenance costs to the State; (6) Will submit a monthly municipal grant financial report to the State until the project is completed. regardless of whether or not expenditures have been made. A final municipal grant financial report is due within 90 days of project completion: (7) Will retain for a period of three years after project completion all contractl. 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 State Within 90 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 lobbying activities before the Alaska Legislature; and (10) will comply with the minimum wage and employment provisions of Alaska's public construction contract law as set out in AS 36.05.010 (copies of which are available through the Department of Labor). (11) will comply With the Americans With Disab1l1ties Act (42 D.S.C. 12101). In general the Americans With Disabilities Act (ADA) prohibits discrimination against a qualified person With a disability because of the disability of such an individual in regard to employment. services. programs. and activities. Title I of the ADA requires that an employer make reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant for employment or who is an employee. Title II of the ADA requires that each program. service. or activity be operated so that. when viewed in its entirety. it is readily accessible and usable by individuals With disabilities. This means that the exclusion of a qualified individual With a disability from a public entity's programs. services. or activities. or the denial of benefits to such an individual. because a public entity's (Rev. 6/93) Page 2 of 4 . . . facilities are inaccessible or unusable by individuals with disabilities or because its communications with applicants. participants. and members of the public with disabilities are ineffective is prohibited. Title II requires in addition that all new construction and alterations to existing facilities must comply with the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG). A public entity's sub-grantees or contractors must also comply with the ADA provisions. Grantees will assure their compliance as a condition of the grant. ARTICLE II. TERMS OF PAYMENT Twenty percent of the grant shall be paid to the grantee. 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 grantee expenditures that exceed the advance amount. These expenditures must be reported to the Department of Administration on a municipal grant financial report. Expenditures are defined as actual cash outlays or current payables. The State will reimburse from financial reports signed by the Mayor or persons designated in writing by the Mayor to certify. If a municipality is under a Manager form of government. the state will reimburse from financial reports signed by either the Mayor or Manager or persons designated in writing by the Mayor or Manager to certify. NOTE: Signing of this agreement does not. in any manner, excuse the recipient of the municipal grant of any other law. Alaska State Statute or City code regulations. Recipient must in all cases consult and adhere to all local. State. or Federal laws that pertain to public funds. The grantee recognizes that 2 AAC 45.010 establishes specific audit requirements for grant agreements executed after August 1. 1985. If the grantee does not have a copy of 2 AAC 45.010. one should be obtained from the Department of Administration. The Grant Administrator, by written notice. may terminate this agreement. in whole or in part. when it is in the best interest of the State. The State is liable only for payment in accordance with the payment provisions of the agreement as amended or rendered before the effective date of termination. The amount of the grant is full consideration of the grantee's performance. (Rev. 6/93) Page 3 of 4 ARTICLE Ill. ADDmONAL CONrRACT PROVISIONS. The effective date of this agreement Is the date the agreement Is signed by the State. The effective date of the funding appropriation is July I, 1993. . IN wrrNESS WHEREOF, the parties have executed this agreement. Approved by Ordinance/Resolution # dated Grantee will attach a copy of Ordinance/Resolution. Grantee State of Alaska By: . By: Commissioner of Administration (OffiCial Title) (Official Title) Date: Date: DISTRIBUTION: Grantee: [ ) State: [ ) FOR STATE USE ONLY Budgeted Funds are available for the period and purpose of this expenditure. Certifying Officer Date (Rev. 6/93) Page 4 of 4 . CITY OF SEWARD, ALASKA RESOLUTION NO. 93-116 AYES: NOES: ABSENT: ABSTAIN: A TIEST: 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) ~~~ City Attorney