FY2022-35 Harbor Infrastructure Memorandum Of Agreement With The City Of Kodiak For Portland Loo Project DevelopmentMEMORANDUM OF AGREEMENT
BETWEEN THE KODIAK ISLAND BOROUGH AND
THE CITY OF KODIAK
FOR A HARBOR INFRASTRUCTURE IMPROVEMENT PROJECT
RECITALS
A. WHEREAS, the need for public restrooms to accommodate Cruise Ship
passengers and the public was first identified and requested at a Joint Borough and City
Work Session as a Commercial Passenger Vessel Excise Tax (CPV) funded project in 2020
and the project was again identified as a community priority during the Cooperative
Relations Committee in 2021; and
B. WHEREAS, in 2020 the City Council accepted CARES Act funding and purchased
four Portland Loo public restrooms from Madden Fabrication; and
C. WHEREAS, the total cost for this project for installation of modular restrooms is
estimated to be $232,190; and
D. WHEREAS, the modular restroom units are designed and equipped to facilitate
safe and efficient 24-hour/year-round operation; and
E. WHEREAS, the maintenance and operation of restrooms is outside the Borough's
mission and range of operations and is a service presently provided by the City and
Harbor in other visitor locations; and
F. WHEREAS, the terms of the agreement set forth below demonstrate the positive
and cooperative relationship between the Borough and City, which benefits the citizens
common to the two governments, visitors common to the jurisdictional areas of the two
governments, and other important stakeholders; and
G. WHEREAS, the Borough and City wish to delineate responsibilities as set up in
the agreement; and
H. WHEREAS, the facilities will be located as indicated in the attached as Exhibit A
and incorporated by reference.
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NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION 1. PURPOSE:
This Memorandum of Agreement (Agreement) outlines the terms under which the Borough and
City will fund, construct and manage all aspects of the public restrooms around Harbor
facilities.
SECTION 2. AGREEMENT EFFECTIVE DATE:
This Agreement shall be effective upon the execution of this Agreement by the Manager of the
Borough and the Manager of the City.
SECTION 3. LIMITATIONS ON SCOPE:
The City is providing the public restrooms under its Harbor powers, and the restroom
installation is under the Borough's area wide economic development powers.
SECTION 4. RESPONSIBILITIES OF BOROUGH:
The Borough shall contribute CPV funding to the project in the amount of $153,000.
SECTION 5. RESPONSIBILITIES OF THE CITY:
The City shall:
a) Complete the project which includes: preparation/installation of utility connections,
engineering, and electrical design; purchase and installation of modular restrooms in
accordance with standards identified and approved by the City and Borough Building
Official.
b) Maintain ownership, operating and maintenance responsibilities for the restrooms once the
project is complete.
Section 6. INDEMNIFICATION:
The City agrees to indemnify and appear and defend and hold harmless the Borough, its elected
and appointed officials, agents, officers, insurers, and employees, from and against any and all
claims, damages, losses, costs and expenses, including attorneys' fees and expenses incurred,
whether or not suit is filed, and for injuries to or theft of property, including loss of use, injuries
to persons, including death, and from any and all other claims, suits or liability, arising from or
related to design, construction and installation of the restroom. The City's indemnification and
defense obligations under this paragraph do not extend to decisions and activities taken by the
Borough with regard to funding sources or the process for appropriations.
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The Borough agrees to indemnify and appear and defend and hold harmless the City, its elected
and appointed officials, agents, officers, insurers, and employees, from and against any and all
claims, damages, losses, costs and expenses, including attorney's fees and expenses incurred,
whether or not suit is filed, and for injuries to or theft of property, including loss of use, injuries
to persons, including death, and from any and all other claims, suits or liability, arising from or
related to the Borough's performance under this Agreement, including, but not limited to
decisions and activities taken by the Borough with regard to funding sources taken by the
Borough with regard to funding sources or the process for appropriations.
SECTION 7. ADDITIONAL AGREEMENT:
All provisions of grant agreements with the Alaska DCCED for CARES Act funding, Alaska and
other agencies for projects outlined in this Agreement are herein incorporated as enumerated
herein.
SECTION S. TERMINATION:
This agreement will be terminated upon completion of the project, provided, however, that
Section 6 of this agreement shall survive termination.
SECTION 9. ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between the Borough and the City as to the
matters stated herein. It supersedes all prior oral and written understandings and agreements
as to such matters. It may be amended, supplemented, modified or canceled only by a duly
executed written instrument. It shall bind the Borough and the City, its successors, executors,
administrators, assigns and legal representatives.
DATED the day and year last written below.
Roxanne Murphy, M_ pager %SLAIVJ%
Kodiak Island Borough
00 '�11 o
Attest: �C - 11 ' e
C By. � (.�,
Ac-v,j Borough Clerk
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ILck.—f" t - 1-22-27-
Mike
.22.2zMike Tvenge, Manager Date
City of Kodiak
y: LL -
Michelle Shuravloff-Nelson
City Clerk