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Home My WebLink AboutRes1993-151 . . Sponsored by: lones CITY OF SEWARD, ALASKA RESOLUTION NO. 93-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A GRANT AGREEMENT WITH THE SEWARD ASSOCIATION FOR THE ADVANCEMENT OF MARINE SCIENCE AND APPROPRIATING FUNDS WHEREAS, the 1993 Alaska Legislature appropriated a grant pursuant to AS 37.05.315 to the city of Seward for the purposes of funding the planning, design, engineering and construction of the Alaska Sea Life Center; and WHEREAS, the Seward Association for the Advancement of Marine Science (SAAMS) desires to enter into an agreement with the city for receipt of the $12,500,000 state grant; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The agreement attached hereto between the city of Seward and the Seward Association for the Advancement of Marine Science for receipt of State Grant No. 7/94-004 is hereby approved, and the City Manager is hereby authorized to execute the agreement on behalf of the city. Section 2. Grant funds totalling $12,500,000 are hereby accepted and appropriated as follows: REVENUES Account No. Amount 175-1751-4680 $ 12,500,000.00 EXPENDITURES Account No. Amount 175-1751-5998-??oo 175-1751-5580-??oo $ 12,375,000.00 125,000.00 . Section 3. This resolution shall take effect immediately upon its adoption. . GRANT AGREEMENT No.2 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 $12,500,000 for planning, design, engineering and construction of the Alaska Sea Life Center; and WHEREAS, the appropriation specifies that not more than $4,000,000 may be expended for design of the Center and that no money from the appropriation may be expended for construction until all financing necessary to complete construction of the Center has been obtained; 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 .rvices for which the funds were appropriated; and ~REAS, the City has the authority to enter into this agreement pursuant to its Charter and Code of Ordinances; and 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; and WHEREAS, the grant number is: 7/94-004; and WHEREAS, the grant amount is: $12.~00,OOO; and WHEREAS, the grant purpose is: Planning, design, engineering, and construction of the Alaska Sea Life Center;and WHEREAS, SAAMS will use these funds as explained below: Planning, design, engineering, and construction of the Alaska Sea Life Center FREFORE. the parties agree as follows: Page 2 of3 ~~~ I. GRANT CONDffiONS ~1) 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 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 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 lobbying activities before the Alaska Legislature; . (10) will comply with the minimum wage and employment provisions of Alaska's public construction ntract law as set out in AS 36.05.010; (11) will comply with the Americans with Disabilities Act (42 D.S.C. 12101). ARTICLE ll. TERMS OF PAYMENT Twenty percent of the grant, less 1 ( one) percent to be retained by the City as indirect grant administrative overhead, shall be paid to SAAMS, as an advance, within 10 days of the effective date of this agreement. The remainder of the grant, less 1 ( one) percent to be retained by the City as indirect admini!ltrative overhead, will be paid after the entire advance is expended. It is agreed by the parties to this agreement that until all financing necessmy to complete construction of the entire stand-alone facility has been obtained, not more than $3,960,000 will be disbursed to SAAMS for planning, design and engineering of the Center. 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 MC 45.010 and will at all times maintain the grant financial .cords sufficient to meets these requirements. Page 3 of3 ...AAMS shall cooperate fully with the City and its auditors in the performance of the audit and will provide ~ess by the City and its auditors to the SAAMS grant financial records. The City Manager, or his authorized designee, by written notice, may terminate this agreement, in whole or in part, when it is in the best interest of the City and/or State. The City 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 SAAMS' performance. ARTICLE ill. ADDmONAL PROVISIONS The effective date of this agreement is the date the agreement is signed by the City. Approved by Resolution of the Board of Directors of SAAMS, dated incorporated as a part of this grant agreement) . (Copy attached and Approved by Resolution No 93- of the City Council of the City of Seward, Alaska, dated . (Copy attached and incorporated as a part of this agreement.) IN WITNESS WHEREOF, the parties have executed this agreement .ITY OF SEWARD By: City Manager SAAMS Date By: President Date AT1EST: Linda S. Murphy, City Clerk (City Seal) . . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 93-151 PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 25th day of October, 1993. THE CITY OF SEWARD, ALASKA {;rwe uJ. ('Aa'1U. . Dave W. Crane, Mayor AYES: NOES: ABSENT: ABSTAIN: Anderson, Bencardino, Crane, Krasnansky, O'Brien, Sieminski None None None A TIEST: APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska ~{~ City Attorney (City Seal)