Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 107 - Grant Programs › Article 2 - Utility Improvements Grant Program › 3 AAC 107.350 - Grant agreement

Current through May 31, 2024
(a) If the authority awards a grant to an
				  applicant under
				  3 AAC 107.340(d), the applicant must
				  enter into a grant agreement with the authority within 60 days after receiving
				  notice from the authority that the applicant has been awarded the grant. If the
				  applicant fails to enter into the grant agreement within the 60 days, the
				  applicant forfeits the right to receive the grant. If the authority determines
				  that failure to timely enter into a grant agreement is caused by actions of the
				  authority, the director may extend the time to enter into the grant
				  agreement.
(b) The authority shall
				  prepare the grant agreement required by (a) of this section and other
				  appropriate documentation to reflect the terms of the grant and to provide for
				  other matters the authority considers appropriate in connection with the grant.
				  The authority may not disburse proceeds of the grant to a successful applicant
				  until the applicant has entered into the grant agreement with the authority and
				  has executed any other documents required under this section. Unless waived by
				  the authority, the grant agreement will include the following:
(1) a statement of the intended use of the
				  grant proceeds, specifying how the proceeds will be used in connection with the
				  purposes of the fund;
(2) a budget
				  description in detail appropriate to the scope of the project;
(3) a timetable listing the steps considered
				  necessary for the timely completion of the project and listing the schedule for
				  the disbursement of grant proceeds;
(4) a provision for the administration of the
				  grant proceeds according to generally accepted financial accounting procedures,
				  for regular periodic reporting to the authority of grant-financed activities,
				  and for the disposition of grant proceeds in accordance with intended
				  use;
(5) provisions for the
				  termination or suspension of grant disbursements and for termination of the
				  grant agreement, including a statement of the provisions in
				  3 AAC 107.400;
(6) a provision acknowledging that all grant
				  proceeds, until they are spent for the purposes of the grant and in accordance
				  with the grant agreement, remain the property of the state and, if not expended
				  for the purposes of the grant and in accordance with the grant agreement, will
				  be returned to the authority within 30 days after the final date on which the
				  grant proceeds were scheduled to be spent under the terms of the grant
				  agreement;
(7) a statement
				  acknowledging that the applicant and its employees, agents, and advisors, and
				  not the authority, are responsible for obtaining necessary licenses and
				  permits, if any, for ensuring that all aspects of the project comply with all
				  applicable statutes, regulations, ordinances, and codes, and for all costs of
				  the project in excess of the amount of the approved grant;
(8) a promise to defend and hold harmless,
				  and to require all contractors and subcontractors to hold harmless, the
				  authority from any action arising from a determination not to award a
				  subsequent grant under
				  3 AAC 107.300 -
				  3 AAC 107.430;
(9) a requirement that the grant recipient
				  submit to the authority plans and specifications for the recipient's project
				  within 90 days after entering into the grant agreement;
(10) a requirement that the grant recipient
				  obtain all necessary permits for the project within eight months after entering
				  into the grant agreement;
(11) a
				  requirement that the grant recipient complete all field construction work for
				  the project within 18 months after entering into the grant agreement;
				  and
(12) a provision stating that
				  the applicant agrees to the inspection, audit, and examination provisions in
				  3 AAC 107.380.