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HomeMy WebLinkAboutMatching funds_Documentation of CIP fundsTHE STATl Department ,f Commerce, Community, °fALASI�:A and Economic Development DIVISION OF COMMUNITY AND REGIONAL AFFAIRS GOVERNOR SEAN PARNELL 211 Cushman Street Fairbanks, Alaska 99701-4639 Main: 907.451.2731 TDD: 907.465.5437 Fax: 907.451.2742 June 28, 2013 Bessie Titus, Tribal Administrator Native Village of N into PO Box 26 Minto, AK 99758 RE: 2014 Designated Legislative Grant Dear Ms. Titus: I am pleased to notify you Native Village of Minto has been appropriated a FY 2014 Designated Legislative Grant per AS 37.05.316, Grants to Named Recipients, for the purpose of Multi -Purpose Community Center. The amount of state funding appropriated for this grant is $200,000.' 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 brief project description, proposed timeline and budget narrative. Enclosed is the Total Project Snapshot (-PS). The TPS is to be used as a reference for writing the brief project description. In the project description, describe the tasks and/or activities that will be accomplished with this grant funding. • Completed Signatory Authority Form Upon receipt of the requested information, I will prepare and send the grant agreement for signature. The latest Designated Legislative Handbook is available online at: htto://commerce.alasks.gov/dnn/dcra/GrantsSecdon/DLGrants.aslx and should answer any questions you have regarding management and use of grant funds. I have included a hard copy for your convenience. Congratulations on this award. I look forward to working with you to ensure the success of this project. If you have any additional questions, please contact me via phone at (907)451-2731 or email judy.haymaker@alaska.gov. Sincerely, 1I Judy y er Grants Administrator Enclosures OF Tk� S?, DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT DIVISION OF COMMUNITY AND REGIONAL AFFAIRS Designated Legislative Grant Program of Grant Agreement AS� L9 Grant Agreement Number Vendor Number Amount of State Funds 14-DC-256 MVC84765 $200,000.00 Encumbrance Number/AR/Lapse Date Project Title /32397/06/30/2018 Multi -Purpose Community Center Grantee Department Contact Person Name Name Native Village of Minto Judy Haymaker Street/PO Box Title PO Box 58026 Grants Administrator II City/State/Zip Street/PO Box Minto, AK 99758 211 Cushman Street Contact Person City/State/Zip Bessie Titus, Tribal Administrator Fairbanks, AK 99701 Phone Fax Phone Fax 907 798-7112 907 798-7627 907)451-2731 (907) 451-2742 AGREEMENT The Alaska Department of Commerce, Community, and Economic Development, Division of Community and Regional Affairs (hereinafter `Department) and Native Village of Minto (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, wlvch are authorized under this Agreement. In no event shall the payment exceed $200,000.00. 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 July 1. 2013 and shall be completed no later than Tune 30, 2018. Section IV. The agreement consists of this page and the following: ATTACHMENTS APPENDICES Attachment A: Scope of Work Appendix A: Audit Regulations 1. Project Description Appendix B: Audit Compliance Supplement 2. Project Budget Appendix B2:Insurance 3. Project Narrative Appendix C: State Laws and Regulations 4. Project Management/Reporting Appendix D: Special Requirements and Assurances for 5. Forms Packet Federally Funded Projects (if applicable) Attachment B: Payment Method Appendix E: Site Control Attachment C: Standard Provisions Appendix F: State Fite Marshal Review Appendix G: Waiver of Sovereign Immunity AMENDMENTS Any fully executed amendments to this Agreement Grantee Department Signature Signature Printed Name and Tide Printed Name and Tide Charlie Titus Jr., 1st Chief Pauletta Bourne, Grants Administrator III Date Date Rev. 312013 Designated Legislative Grant Agreement- Over 50K Tribal Page I af23 Attachment A Scope of Work 1. Project Description The purpose of this FY 2014 Designated Legislative Grant in the amount of $200,000 (pursuant to the provisions of AS 37.05.316, Grants to Named Recipients, SLA 2013, SB 18, Chapter 16, Section 1, Page 52, and Line 301 is to provide funding to the Native Village of Minto for use towards Muld-Purpose Community Center. The objective of this project is to renovate and upgrade the existing Muld-Purpose Community Center that will provide a "one -stop" social service facility for the residents of Minto. This project may include, but is not limited to: • interior and exterior renovation of the facility • installation of solar panels • upgrade heating to biomass wood boiler system • materials/supplies • freight • labor • contractual services No more than five percent (5° o) 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° o) 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 die Designated Legislative Grant Financial/Progress Report form. 2. Project Budget Cost Category Total Project Costs 4. Project Management/Reporting 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. The Grantee shall submit a Designated Legislative Grant Financial/Progress Report Form (see attached) 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. Under no circumstances will the Department release funds to the Grantee unless all required reporting is current. 5. Grant Forms Packet The following page includes a sample Designated Legislative Grant Financial/Progress Report Form to be used by the Grantee for monthly/quarterly reporting. Copies of this form are available from the Department, electronically or in hard copy. Rev. 312013 Des,gna[ed Legslanve Grant Agm mva- Over R)K Tnb page 3 of 23 Designated Legislative Grant Financial/Progress Report Department of Commerce, Community, and Economic Development, Division of Community and Regional Affairs Grantee: Native Village of Minto Grant Number: 14-DC-256 Project Title: Multi -Purpose Community Center Report No: Reporting Period: ❑ Monthly ❑ Quarterly From: To: Cost Category Authorised Budget Grant Expenditures This Period Total Grant Expenditures to Date Balance of Grant Funds Project Funds $200,000.00 .administration 0.00 Total This Report $200,000.00 Current Advance Balance (if any) Total Grant Expenditures This Period Total Grant Award $200,000.00 LESS Advance Recovered This Report (if any) LESS Total Grant Expenditures to Date NET REIMBURSEMENT TO GRANTEE LESS Unrecovered Advance Balance Advance Balance Remaining (if any) TOTAL Grant Funds Remaining Progress Report: Describe activity that supports the expenditures during the period, if no activity has taken place please provide an explanation. Identify any problems you have experienced and/or accomplishments this period. Attach additional pages if necessary. FEIEIE El Grantee Certification: I certify that the above information is true and correct, and that expenditures have been made for the purpose of, and _ _,,,, DCCED STAFF USE _ __ in accordance with, applicable grant agreement terms, and conditions. Encumbrance No: Payment Amount: Authorized Signature Date GA Approval: Name and Title DCCED Signature Date ua„ xnnta uestgnatea Legislative Brant Agreement- Omer 50K tribal Page 4 qf?3 Attachment B Payment Method I. Reimbursement Payment Upon receiving and approving, a Grantee's financial/progress reports, 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 in Attachment A. 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°,4) 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. Agreement- Over 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 tunes 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. Legislative 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 1.3, 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 the 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. Agreement- Over 50K 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 hereinunder 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. Agreement- Over 50K Tribal page 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 terns 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. Legislative Grant Agreement- Over 50K Tribal pn, 9 af23 Article 26. Insurance The Grantee is responsible for obtaining any necessary liability insurance. In addition, the Grantee shall provide and maintain Workers' Compensation Insurance as required by AS 23.30 for all employees engaged in work under this Grant Agreement. The Grantee shall require any contractor to provide and maintain Workers' Compensation Insurance for its employees as required by AS 23.30. 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. Article 27. Subcontracts for Engineering Services In the event that the Grantee subcontracts for engineering services, the Grantee Nvill 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 (IMIo) 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. 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. Rev. 312013 Designated 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, 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 shall comply with the audit requirements established by 02 AAC 45.010, set forth in Appendix A of this Grant Agreement. 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. 312013 Grant Agreement- B. The last required performance report has been submitted. The Grantee's failure to submit a report xvill 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 subgramees or contractors must also comply with the ADA provisions. Grantees are responsible for assuring their compliance with the ADA. 50K Tribal paee 12 af13 Appendix A Audit Regulations The grantee must comply with the audit requirements of the Alaska Administrative Code set forth in 2 AAC 45.010. AUDIT REQUIREMENTS. A copy of the most current 2 AAC 45.010 adopted regulations is available at the State Single Audit website: http://doa.alaska.gov/dof/ssa/index.html. Rev. 32013 Designated Legislative Grant Agreement- Over SOK Tribal Page 13 of 23 Appendix B Audit Compliance Supplement 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 hqp•//doa alaska gov/dof/ssa/2012auditsQI21 html#deptO8 . Designated Appendix B2 Insurance Article 1. Insurance Without limiting contractor's indemnification, it is agreed that the contractor shall purchase at its own expense and maintain in force at all times during the performance of services under this agreement the following policies of insurance. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the contractor's policy contains higher limits, the State shall be entitled to coverage to the extent of such higher limits. Certificates of Insurance must be furnished to the Contracting Officer prior to beginning work and must provide for a thirty (30) day prior notice of cancellation, non -renewal or material change. Failure to furnish satisfactory evidence of insurance or lapse of the policy is a material breach and grounds for termination of the contractor's services. 1.1 Workers' Compensation Insurance: The contractor shall provide and maintain, for all employees of the contractor engaged in work under this contract, Workers' Compensation Insurance as required by AS 23.30.045. The contractor shall be responsible for Workers' Compensation Insurance for any subcontractor who directly or indirectly provides services under this contract. This coverage must include statutory coverage for states in which employees are engaging in work and employer's liability protection is not less than $100,000.00 per occurrence. Where applicable, coverage for all federal acts (i.e. USL & H and Jones Acts) must also be included. 1.2 Comprehensive (Commercial) General Liability Insurance: With coverage limits not less than $300,000.00 combined single limit per occurrence and annual aggregates where generally applicable and shall include premises -operations, independent contractors, products/completed operations, broad form property damage, blanket contractual and personal injury endorsements. 1.3 Comprehensive Automobile Liability Insurance: Covering all owned, hired, and non -owned vehicles with coverage limits not less than $100,000.00 per person/$300,000.00 per occurrence bodily injury and $50,000.00 property damage. 1.4 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 $100,000 - $499,999 $250,000 per occurrence/annual aggregate $500,000 - $999,999 $500,000 per occurrence/annual aggregate $1,000,000 or over Negotiable - Refer to Risk Management Grant Tribal Page Appendix C State Laws and Regulations Permits and Environmental Procedures The Alaska Department of Environmental Conservation (ADEC) regulates all activities in Alaska that might pollute the au, 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 —AS 46.14.140,18 AAC 50.030 Anadromous Fish Protection Permit —AS 41.14.870,11 AAC 195.010 Authorization for Tidelands Transportation —AS 38.05.035,11 AAC 51.015 Brine or Other Salt Water Waste Disposal Permit —AS 31.05.030 Burning Permit during Fire Season —AS 41.15.060,11 AAC 95.410 Coal Development Permit —AS 27.21.030,11 AAC 85.110 Critical Habitat Area Permit —AS 16.20.510, 05 AAC 95.420 Dam Construction Permit —AS 46.17.040, 11 AAC 93.171 Driveway Permit —AS 19.05.040,17 AAC 10.020 Encroachment Permit —AS 19.25.200,17 AAC 10.012 Miscellaneous State Land Use Permit —AS 38.05.035,11 AAC 96.010 Mineral and Geothermal Prospecting Permits —AS 38.05.181,11 AAC 82.100 Occupied Tide and Submerged Land —AS 38.05.820,11 AAC 62.010 Open Burning Permit —AS 46.03.020,18 AAC 50.065 Permit for Use of Timber or Materials —AS 38.05.110,11 AAC 71.025 Permit to Appropriate Water --AS 46.15.040,11 AAC 93.120 Pesticides Permit —AS 46.03.320,18 AAC 90.300 Preferred Use Permit —AS 46.15.150,11 AAC 93.240 Right -of -Way and Easement Permits AS 38.05.850,11 AAC 58.740 Solid Waste Disposal —AS 46.03.100,18 AAC 60.200 Special Land Use Permit —AS 38.05.850,11 AAC 58.210 State Game Refuge Land Permit —AS 16.20.050-16.20.060 State Park Incompatible Use Permit —AS 41.21.020,11 AAC 18.010 Surface Oiling Permit —AS 46.03.740,18 AAC 75.700 Surface Use Permit —AS 38.05.255,11 AAC 86.600 Tide and Submerged Lands Prospecting Permit —AS 38.05.250,11 AAC 62.700 Tidelands Permit —AS 38.05.035 Tidelands Right -of -Way or Easement Permit —AS 38.05.820 Utility Permit —AS 19.25.010,17 AAC 15.011 Waste Water Disposal Permit —AS 46.03.100,18 AAC 72.010 Water Well Permit —AS 31.05.030,11 AAC 93.140 312013 Agreement- Over 50K Tribal Page Environmental Conservation —AS 46.03 This chapter of the Alaska Statutes applies to municipalities and could subject them to enforcement actions instituted by the Alaska Department of Environmental Conservation for air, land and water nuisances, and water and air pollution in a municipality of 1,000 or more, and may establish a local air pollution control program. 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 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 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. 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. Grant Agreement- Over 50K Tribal page 17 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. Rev. 312013 Legislative Grant Agreement- Appendix D Special Requirements and Assurances for Federally Funded Projects Federal grant requirements are not applicable to the Designated Legislative Grant program. Page Appendix E Site Control 1. Site Control The Grantee must provide evidence of site control for a project that involves any use of land, including but not limited to, construction, renovation, utility projects, fuel storage, roads, and trails. 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. Site control options are identified in Section 2. For a project planned on land that is controlled by a public agency, the Grantee must obtain whatever authorization for use that is required by the public agency. 2. Site Control Options Below are some examples of documents that may be used to satisfy site control requirements for various community facilities/projects. The terms and conditions contained in each document must be examined to determine adequacy for a specific project. Deed Lease Easement Use Permit License Community Hall Clinic VO Fire Station N N Bulk Fuel Storage N Dump J Shop/Storage Building Cemetery N N Dock 40d Campground %0 N Generator Building Vr Multi -purpose building d N Laundromat J N Water well/Septic to VOy Village Relocation v V y Agriculture Project N Sewage Lagoon Communication Site 40 Road (.25') y y Trail (,25") Boardwalk y y %0 Powerline r y Water/Sewer Line VO y r Pipeline y y y ^.- ,. � � � 1 Designated aegisrntme Grant agreement- over 3m I nbal Page 20 of 23 Appendix F State Fire Marshal Review The Plan Review Process Construction, repair, remodel, addition, or change of occupancy of any building/structure, or installation or change of fuel tanks must be approved by the State Fire Marshal's Office before ANY work is started. Residential housing that is three -plea or smaller is exempt from this requirement. Exception: The following jurisdictions have accepted a deferral for total code enforcement and plans should be submitted directly to the city: Anchorage, Juneau, Fairbanks, Kenai, Seward, Kodiak, Sitka, and Soldoma Plans and specifications regarding the location of the building or structure on the property, area, height, number of stories, occupancy, type of construction, interior finish, exit facilities, electrical systems, mechanical systems, fuel storage tanks and their appurtenances, automatic fire -extinguishing systems, and fire alarm systems must be submitted by the owner or owner's representative to the State Fire Marshal for examination and approval. This review does not address structural considerations or accessibility requirements. Mechanical and electrical review is limited to that which is necessary to confirm compliance with fire and life safety requirements. A copy of the plan review approval certificate must be posted as required in 13 AAC 55.100(b). It is prohibited to occupy a building for which plans have not been examined and approved. If any work for which a plan review and approval is required has been started without first obtaining plan review and approval, an additional special processing plan review fee of $100 is charged for the first violation. The special processing plan review fee for a subsequent violation by the same person is an additional charge equal to the amount of the standard plan review fee for the project. Authority: AS 18.70.080 Alaska Administrative Code: 13 AAC 50.027 Rev. 3/2013 Designated Legislative Grant Agreement- Over 50K Tribal Page 21 of 23 Appendix G Waiver of 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 Grantee's governing body, is attached and incorporated into this Grant Agreement. Rev. 312013 Designated Legislative Grant Agreement- Over 50K Tribal Page 22 of23 Resolution for Tribal Entities Resolution Number A RESOLUTION of the Native Village of Minto,' Accepting a FY 2014 Designated Legislative grant in the amount of $200.000.00' For Multi -Purpose Community Center', From the Alaska Department of Commerce, Community, and Economic Development (hereinafter "Department"), And providing a waiver of sovereign immunity from legal prosecution by the State for claims, which may arise from the utilization of said grant. WHEREAS, the Native Village of Minto' wishes to provide the above described project for the community of Minto', and; WHEREAS, the Department requires, as a condition of the grant, that Native Village of Minto' hereby irrevocably waives any sovereign immunity which it may possess, and consents to suit against itself or its officials in the court of the State of Alaska, or any other court of competent jurisdiction, as to all causes of action by the State of Alaska, or any other person arising out of or in connection with Multi -Purpose Community Center;' NOW THEREFORE BE IT RESOLVED THAT this Alaska Native Village, acting through its Native Village of Minto' hereby grants to the State of Alaska, its irrevocable consent to be sued in the name of the Native Village for any unlawful act arising out of any contractual obligation entered into as a result of this resolution, and hereby waives immunity from execution of judgments obtained pursuant to the above against any property whether real or personal, including money, provided that such execution of judgment not exceed $200,000.00.2 PASSED AND APPROVED BY THE Native Village of Minto' On 2013. IN WITNESS THERETO: By. s Signature Title Attest: Signature Title Name of Grant Recipient Entity 2 Amount of Grant ' Project Title 4 Name of Community s Chief Administrative Officer (Chief, President) a Clerk or Secretary of Organization Rev. 312013 Designated Legislative Grant Agreement- Over 50K Tribal Page 23 of 23