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Home My WebLink AboutRESOLUTION 1995-43' Suggested by.. Administration City of Kenai NO. ~S-43 WHEREAS, the State of Alaska has off . grant in th ..~.._. _. .... ered the quality/dev~l~J:_°_z_!~}}:665.00 to assist City of Kenai a in our water r -,- ~:ug~aB, and WHEREAS, the State requires that t formall ac _ _ he Xenai Cit n.,,~, v~ reso~u~on~ and di ...... ~- the grant by WHEREAS, the City has agreed to contribute $90,714 as share of this proJect~ this share ~ill be in the £orm o£ cash. ATTEST: ~atching Grant Number 96,5'8~.--~z~1~ ~c?~PC~.Z~96 ~unici' aZ Department of Ac~ninistra~ion inurefrOm one state of AlasL, for a water qualitu,deve~ ..... . _ amount ~f $211,665.0 PASSED BY THE COUNCIL OF THE CITY OF K~NAI, ALASKA, this 2nd day of August, 1995. Approved by Finance (7/25/95) kl STATE OF ALASKA.'*..'.. '. .~.', ';' .'. DEPARTMENT OF ADMiNISTRATiON-' *'*'i~".''' , . :. MUNICIPAL CAPITAL PROJECT MATCHING GRANT .PROGRAM GRANT AGREEMENT.. This agreement is executed' between'the 8rate of Alaska, Department'of AdminiStration' (hereinafter called the "State") and the City of Kenal,(hereinafter called the "Grantee'S. WITNE$$ETH that: Whereas.. the Grantee has the authority under state law or .local ' Charter to provide the services for which'funds were appre priated; and Whereas, the State has the authority to enter into this agreement under` AS 37.08.010; and Whereas, this agreement contains a gmat allocation statement' (EXhibit 1), submitted by the Municipality, stating the purpose of the grant as wail'aS the' budget Proposals. This grant allocation statement is the project application submitted by the Municipality to the Governor's Office of Management and Budget (Forms A and B). Once this agreement is signed by both the Grantee and the State, EXhibit 1 becomes a binding part of this agreement; and Whereas, the Grantee Is willing to undertake the performance Of this grant Under the' terms of this agreement;, and " ' .~ .. · . Whereas, the grant number is 96158 I '1 ..... , ,, ,. the ste s ,, $ 211,.665.00 0 ;; ,;'.' ' ..... " '" ' the I cai s are .............. ! $ g0,7!4.00 i is water Therefore, the parties to this agreement agree aa follOWS: ARTICLE I The Grantee will: (1) (=) (3) GRANT CONDI.TION$ spend the grent only for the purposes specified above; contflbute the local share, as set out above, to the cost of this project and identify the amount and the source of the local share. Local share sources may Include: a. fedm I, municipal or local money; b. labor, land, materials and equipment used directly in the contruction of the project. The grantee acknowledges that approval of the pre Ject grant Is contingent upon provision of the local share as required by ~6 37.08.0~0; comply with State and federal guidelines to determine the value of land, labor, rnaterlais and equipment used to satisfy the local 8hare requirements and submit appropriate documentation to verify the Information as follows: a. the value of labor contributed as local sham will be determined by the prevailing'wage standards es~bllahed by the Department of Labor;, b. the value of materials contributed will be.': based on: ' I _,.,,,,r... ,':* (1) prevailing market costs of new Oi' used materials, ~. (2) the municipality's inte .m..ai rates for the purchase of similar materials 'i~ based on the municipality's contracts, leases, and invoices during the precadi.ng two fiscal years, or (3) a negotiated agreement between the departme~ and c. the value and rental rates of equipment will be based on: (1) the prevailing values and rental rates for equipment contained in the current editions of industry standard manuals, (2) the municipality's internal rates for the purchase, lease, or rental of similar equipment based on the municipality's contracts, leases, and invoices during the preceding two fiscal years, or (3) a negotiated agreement between the department and the municipality; and d. the value of land will be based on the following: (4) (2). land contributed as local share will be determined as equivalent to the total local share required for the project if the munidpality's required local share percentage for the capital project is less than or equal to ten percdnt, or as the value established through an independent appraisal (appraisal to be paid by the municipality), if the municipaliVs required local share percentage for the capital project is greater than ten percent;, not charge more than ten percent of the grant for administrsl]ve expenses for grants' pertaining to land acquleitlon, or pertaining to the planning, deeign, construction or repair of a building. For grants relating to the pumhase of equipment or equipment repalra, the grantee may not charge more than five percent of the grant for administrative expenses. If the. granteq, provides grant money to another recipient, the grantee will not retain any of the grant money for adminletrative expenses; comply with the Department of Labor hiring preference requirements for capital construction projects under 36.10.150 - 36.10.175 Including the municipality's agents, contractors, and sulx:onl~ctom; ' '" attach to the grant agrseme~ a copy of the local resolution approving the capital project and accepting the grant agreement provisions; for all grants for construction of a public facility, operate and maintain the,facility for its practicel.life; ..".. allow, on request, an audit by the State of the uses mede of the grant and re(,ognize that 2 AAC 45.010 establishes specific audit requirementa; assure that, to the extent consistent with the purpose of the appropriation, the facilities and sewices provided with the grant will be available for use of the general public; ': :-: repay to the State money drawn from its individual grant account if substantial, ongoing work on the capital project has not begun within five years of the effective date of the funding appropriation; : ....:i:... . (11)submit monthly, until the project is completed, a municipal matching grant financial · :'"':~': '.. -..,. =' ~'""'."'~::.: .... report on forms provided.by the State, regardless of whether or not expenditures -:,, :!¥.',~:;.,,:..',. ~,' . ...~: '!:'.., · ..'..~'...!::',, .'~ ...':': .:-:;..-..:~. have been made, A final report is due within 90 days of project completion; · ?:-.i',?'". ~.. '~<t2).. retain for a period of three years afier project completion all contracts, Invoices, .,,~.,:~...: .~....:~._ matarlals, payrolls, pemonnel records, conditions of employment, and other data ' 4~,,.ii:ii.~' .". :~:~!.:. relating to matters covered by the grant;, ..'. ~!::i.?..'i'~.::i::~.~..~ (13) retum all unexpended grant monies to the State within 90 days of completion of the '"' :'"-': (14) (15) (16) ARTICLE II project; not expend any of the grant monies or earnings from the grant for the purpose.Of lobbying activities before the Alaska State Legislature; 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); and comply with the Americans with Disabilities Act (42 U.S.C. 12101) and ensure that. the grantee's sub-grantees or contractors also comply with the ADA, provisions. CERTIFICATION by signing this agreement, the grantee certifies that it will not look to the State tO operate or maintain the facility or pay for its operation and maintenance; and this Article 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, in the opinion of the State, substantially increase the operation or maintenance costs to the State. ARTICLE III TERMS OF PAYMENT Twenty percent of the grant will be pai(] to the grantee as an advance within 10 days of the effoctive date of this agreement. After the entire advance is expended, further periodic payments will.be made upon proof by the grantee that it has Incurred expenses reimbursable under this agreement. The State will make periodic payments under this Article based on financial reports signed by.the Mayor or persons dosignated in writing by the Mayor as authorized to sign. If a municipality Is ~ .u~...'. ' a Manager form of government, the State will reimbume from financial reports signed by the Mayer. or Manager or persons designated in writing by the Mayor or Manager as authorized to sign, .If the local share is to be met with cash, expenditures shall be prorated between the State and local sham based on the grantee's local share percentage. If the local share is to be met by means other. than cash, the State shall withhold the final 20 percent (20°/~) of the grant amount until the local share is met. ARTICLE IV TERMINATION OF AGREEMENT The State, by written notice, may terminate this agreement, in whole or in part, for substantial breach of the grant agreement. On termination, the State may seek to recover all monies previouslY paid to the grantee under this agreement. ARTICLE V ADHERENCE TO LOCAl., STATE, AND FEDERAL LAWS Signing of this agreement does not, in any manner, excuse the grantee of this grant from any other law, Alaska state statute or municipal code ordinance or regulation. The grantee must in all cases adhere to all local, State or federal laws that pertain to public funds. 3 ARTICLE VI~ -EFFECTIVE DATE The effective date of this grant Is the date this agreement is signed by the 8late. The effective date of the funding appropriation is JulY 1, 1995. IN WITNESS WHEREOF, the partie~ have executed thl~ Grant Agreement,. Approved by Ordinance/Re~olution #. _ FOR THE GRANTEE: dated Grantee Printed Name Date FOR THE STATE: nMure Pdnted Name Date Mark Commissioner of Adminlatration funds are aVailable for the and Official Title Date Officer Distribution: i~! State rtl Grantae