Loading...
HomeMy WebLinkAboutCooperative Project Agreement between Louden Tribal Council and the City of GalenaCooperative Project "Agreement Between Louden Tribal Council & City of Galena For The GALENA BASE WOOD HEAT PROJECT COOPERATIVE PROJECT AGREEMENT GALENA BASE WOOD HEAT PROJECT GALENA, ALASKA AEA 13-006 RENEWABLE ENERGY FUND ROUND 6 To complete this project, the CITY OF GALENA and the LOUDEN TRIBAL COUNCIL mutually agree to the terms and conditions contained in this Agreement. PREPARED BY: Date March Runner Tribal Administrator LOUDEN TRIBAL COUNCIL IN COORDINATION WITH: Date Greg Moyer City Manager CITY OF GALENA APPROVED BY: Date Tribal Council President LOUDEN TRIBAL COUNCIL APPROVED BY: Date City Manager CITY OF GALENA Page 2 COOPERATIVE PROJECT AGREEMENT GALENA BASE WOOD HEAT PROJECT GALENA, ALASKA AEA 13-006 RENEWABLE ENERGY FUND ROUND 6 --------- DATE OF AGREEMENT: (Month/Year) A. INTRODUCTION Throughout this Cooperative Project Agreement (CPA) the following entities are referred to as follows: Louden Tribal Council City of Galena Alaska Energy Authority Galena Base Wood Heat Project CITY CITY AEA PROJECT This CPA contains information about the project scope of work, funding, costs, and administration, and is being performed under the provisions of the following: • Louden Tribal Council Resolution #XXXXX, which authorizes the Tribe to enter into a joint grant application to the AEA for the Project. • Executive between the City of Galena and Louden Tribal Council for the joint implementation of the Project, if awarded by AEA. • Letter of commitment from the Galena School District for the purchase of heat proposed in the AEA Round 6 grant application. B. SCOPE OF PROJECT The scope of this project includes design, construction, and operation of the biomass system proposed in the AEA 13-006 grant application. C. PROJECT COST COOPERATIVE PROJECT AGREEMENT GALENA BASE WOOD HEAT PROJECT GALENA, ALASKA AEA 13-006 RENEWABLE ENERGY FUND ROUND 6 C 1. Cost Estimate Table AEA stipulates that each project include an in-kind cost share contribution. For this project, the match contribution constitutes approximately % of the funding and the in--kind cost share contribution constitutes approximately % of the funding. Therefore, this CPA identifies cash and in-kind contribution from the City of Galena in the amount of {list cost share amount) and from Louden Tribal Council in the amount of $ This funding will be added to the AEA project cost amount of (list Total Project Cost amount), bringing the total project cost amount to (list Total Project Cost amount). It is understood that funding transfers will be made to the CITY from AEA. Project activities should not proceed until funding for each increment of work is available to the CITY. By signing this CPA, the CITY assures that funding from AEA shall be made available to the project. If in-kind or other funding sources are unavailable, transfers to the CITY will be curtailed. The CITY will make payments for eligible, incurred expenses only, and will not exceed actual cash requirements. Payments will be made against the line items specified in the approved budget. The TRIBE shall maintain financial records, bid documents, and all other records sufficient to reflect direct and indirect costs incurred to perform the work assigned. D. PROJECT ADMINISTRATION In conformance with the AEA grant award, dated (cite date), the Project Management shall be accomplished by the TRIBE, who will coordinate project oversight, technical assistance, and management of the construction process. The TRIBE will coordinate with the CITY to select contractors for the design and complete construction of the system. The following table provides the anticipated project schedule: Project Activity Date Design Start Month/ Year Design Complete Month/ Year Construction Start Month I Year Construction Complete Month/ Year Final Inspection Month/ Year Final Report Date Month/ Year Page 4 COOPERATIVE PROJECT AGREEMENT GALENA BASE WOOD HEAT PROJECT GALENA, ALASKA AEA 13-006 RENEWABLE ENERGY FUND ROUND 6 E. GRANT AGREEMENT REQUIREMENTS The CITY OF GALENA, recipient of AEA Round 6 Grant Number#-##-##-##, authorizes LOUDEN TRIBAL COUNCIL, as the joint-recipient entity for its implementation for the term of this agreement; provisions shall be extended to cover any additional time period during whieh CITY OF GALENA remains in control of the AEA fund or other assets, including program income. CITY OF GALENA is responsible for the successful implementation of the specific AEA PROJECT Number #-##-##-##-#### activities as described in this CPA. The CITY will comply with all grant requirements stated in the Grant Agreement. The TRIBE shall supervise and monitor the day-to-day performance of its staff and any contractors and shall report to the CITY regarding their findings on a quarterly basis. It will also prepare quarterly progress and financial reports to AEA with copies to the CITY, revised documentation or schedules, and alert the CITY of any problems which could delay or alter the agreed-upon terms of the CPA. The TRIBE shall maintain reports, and establish and maintain all backup data necessary to support those reports. The TRIBE is responsible for maintaining all other records and reports as required by law, including but not limited to those required by the regulations for implementing the Project. The TRIBE shall preserve and make available for review and inspection by AEA all critical project-specific records and reports related to the scope of this project. These shall be maintained for three years after the project closeout. Project closeout shall be the point at which an Affidavit of Project Completion, or a Benefieial Use Agreement, is signed by all parties. CITY OF GALENA and LOUDEN TRIBAL COUNCIL shall jointly advocate, solicit, coordinate, procure, manage, develop and maintain the program as stated in this CPA. This includes entering into agreements, arbitrating, compromising, negotiating, and settling disputes, and securing, obtaining, managing, transferring, and holding funds from any source. E 2.Recipient Requirements The Louden Tribal Council shall adhere to applicable laws, regulations, and guidance in the administration of this CPA. Page 5 ------------------------- COOPERATIVE PROJECT AGREEMENT GALENA BASE WOOD HEAT PROJECT GALENA, ALASKA AEA 13-006 RENEWABLE ENERGY FUND ROUND 6 F. SUSTAINED OPERATIONS CONSIDERATIONS Following completion of the biomass system construction, the CITY shall have full responsibility for operating, and maintaining the facility, including maintaining property and liability insurance. The CITY shall conform to the operations and maintenance plan submitted with the application for funds. G. AMENDMENTS This agreement may be amended by the TRIBE or the CITY at any time, provided the amendment makes specific reference to this agreement, is executed in writing, is signed by authorized representatives of both organizations, and is approved by the Tribal Council and the City Council. Such amendments shall not invalidate this CPA, or relieve or release either party from its obligations. The CITY may, at its discretion, amend this agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons .. If such amendments result in a change in the funding, the scope of service or schedule, or the activities to be undertaken as part of this agreement, such modification will be incorporated only by written amendment signed by both the TRIBE and the CITY. H. SUSPENSION AND TERMINATION The CITY retains the right to suspend or terminate this CPA should LOUDEN TRIBAL COUNCIL in any way materially fail to comply with any term of the award. Page 6