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HomeMy WebLinkAboutORDINANCE 1473-1992 • ~w SUBSTITUTE Suggested bX: City of Kenai ORDINAt~TGE N0. 1473-92 Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING ESTIMATED REVENUES AND APPROPRIATIONS IN THE COURT FACILITY CAPITAL PROJECT FUND. WHEREAS, the City is expecting to construct a new court facility to be used by the Alaska Court System; and WHEREAS, the Alaska Court System has offered the City of Kenai a grant to begin design and legal work for the new court house; and WHEREAS, the City of Kenai had appropriated $155,000 from its General Fund by Ordinance No. 1472-91 that may now be returned to the General Fund. • NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase <Decrease> Estimated Revenues: Appropriation of Fund BalaPice $<155,000> Increase <Decrease> Appropriations: Non-Departmental - Transfers $<155,000> Court Facility Capital Proiect ~~i~~~. irr.rr ri ~~~r Increase <Decrease> Estimated Revenues: Transfer from General Fund $<155,000> State Grant 286,585 ~____._ ~1 5 5 Increase <Decrease> Appropriations: Administration $ <2,000> Engineering 103,585 Bond Counsel Fees ,,,_30,L000 $ 131.585 -. ,. ,. .. .. .^ .;,.~ , .., ... ,. .. ... ., , .. ~ . . ~ T____. ., • Ordinance No. 1473-92 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of March, x.992. ATTEST: Carol L. Frees, City Clerk Introduced: Adopted: Effective: Approved by Finance: COQ (12/26/91) kl • January 2, 1992 March 18, 1992 March 18, 1992 ,:. .~. .. ;,.. :.. C~OG°~1~ • GRANT AGREEMENT ~. ~~ I~ r This agreement is executed between the Alaska Court System tACSy and the City of Kenai tCity). Monies granted by the ACS to the City under this agreement are to be used exclusively for the purpose of planning the construction of a new ACS court facility in the City of Kenai, as described below. Monies granted are a portion of those monies appropriated by the first session of the Seventeenth Legislature to the ACS in the amount of 51, 500,000, for the purpose of design and construction of a Kenai court facility. The initia{ grant awarded by the ACS to the City is in the amount of 5286,585, and is to be used for the purposes set forth below: 5256,585 Architectural services to be provided by McCooi Carlson Green, the architect selected by the City, on a cost reimbursement basis with the stated figure a guaranteed maximum. These architectural services include the following: schematic design, 551,794; design development, 584,803; construction documents, S98,252; bidding services, 511,736; and copies of plans and specifications, S 10,000. 5 30,000 Bond counsel services. It is the intent of the parties that construction will commence by July 15, 1992. GRANT CONDITIONS The City: 1. will not use any of these grant funds for purposes other than those identified above, unless it receives written authorization from the ACS. 2. wil! not expend monies which exceed the initial grant total, or which exceed the amount authorized for individual items, unless such expenditure is authorized in writing by the ACS. 3. will not charge any city overhead costs or city personnel costs to this grant, or to any future grant made in connection with the design or i r r~ construction of this facility. 4. will allow, on request, an audit by the ACS or the State of Alaska of the uses made of the grant, including an audit of McCool Carlson Green and its subcontractors. 5. will make the ' entire facility available for lease by the ACS on completion. Said lease shall provide that the ACS will pay only base rent and adjustable rent, in an amount not to exceed $1,000,000 per annum. "base rent" is the amount obtained by prorating the debt service payable on the bonds over the lease term. "Adjustable rent" is the amount of the actual operating and maintenance costs for the leased premises. Notwithstanding this, it is understood that the ACS may at its option choose to utilize an entity other than the City to provide for operations and maintenance. in such event, the sum of the base rent paid to the ' City and the actual operations and maintenance costs incurred by the ACS must not exceed $1,000,000. 6. will submit periodic grant financial reports on the first day of each month until the project is completed. 7. wiii retain for a period of three years after project completion a!i contracts, invoices, materials, and other data relating to matters covered by the grant. 8. wilt include this grant within its audit, commonly known as the State Single Audit, required by 2 AAC 45.010. Copies of ail single audit reports will be provided to the ACS. 9. warrants that the building site is in compliance with state and federal standards for the presence of environmental contaminants within the soils or in the groundwater which may be present as a result of prior use, or which may have migrated onto, under or off the site. in the event of a conflict between state and federal standards, the more stringent standards will apply. 10. warrants that the building site wilt be physically ready for construction to begin on or before July 1, 1992. 11. will take no action that delays the start of construction or design process, nor through its own inaction delay the start of construction or design process. 12. will exercise due diligence in the management of the design process and the bid process to ensure that neither its prime contractors for 2 i - .± .. design or construction nor their subcontractors will take action that delays the start of construction, nor through inaction delay the start of construction beyond July 15, 1992. 13, wilt authorize no changes to the four-courtroom design as it was originally prepared for the City of Palmer without the written approval of the ACS. _ TERMS OF PAYMENT • No monies will be advanced to the City. Upon receipt by the ACS of a periodic grant financial report, an itemized listing of expenditures with supporting documents, and a certification that the City is in compliance with the terms of the grant agreement, the AC5 or its designee shalt reimburse the City for ail eligible periodic expenditures. The ACS reserves the right to request additional documentation prior to making payment. This grant agreement is executed on the ~~ day of /7~,q,GC,~r~~, 1992. GRANTOR ALASKA COURT SYSTEM GRANTEE CITY OF KENAI s . `..-. ignature 3 Tte ,_ ,. ,.