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FY2022-43 MOA between KIB & KIBSD Main Elem. Roof Replacement. Ref Resolution No. FY2022-23MEMORANDUM OF AGREEMENT BETWEEN THE KODIAK ISLAND BOROUGH AND THE KODIAK ISLAND BOROUGH SCHOOL DISTRICT REGARDING THE MAIN ELEMENTARY SCHOOL ROOF REPLACEMENT PROJECT RECITALS WHEREAS, AS 14.14.060( provides that the Borough Assembly, through the Borough Manager, shall provide for all major re abilitation, construction, and major repair ofschoolbuildings; and WHEREAS, the Kodiak Island Borough School District has identified repair of the siding at Main Elementary School as a major maintenance project it desires to initiate during FY 2022; and WHEREAS the Kodiak Island Borough School District has funds available from its FY 2022 Operating E�ud_get which it desires to encumber or expend on the Main Elementary School Roof Replacement Project prior to the end of the fiscal year; and WHEREAS, the Assembly finds that it is in the best interest of the Kodiak Island Borouqh for the Borough to undertake the Main Elementary School Roof Replacement Project during FY 2022 using the funds provided by the School District. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 1. PURPOSE: This Memorandum of Agreement (Agreement) outlines the terms under which the Kodiak Island Borou.y%Borou h) agrees to perform the Main ElementarySchool Roof Replacement Projectt ( ro1ect�usingfundsprovidedbyYthe KodiaklslandBorougqhSchoolDistrict (District). The Boroughshall manageall aspectsof the Project andcoordinat®viththe Districtas providedn this Agreement. SECTION 2. TITLE OF PROJECT: The Project shall be identified as the "Main Elementary School Roof Replacement Project" SECTION 3. AGREEMENT EFFECTIVE DATE: This Agreement shall be effective upon execution of this Agreement by the Manager of the Borough and the Superintendent of the District. SECTION 4. AGREEMENT TERMINATION DATE: This Agreement shall be terminated upon completion of the Projects. SECTION 5. FUNDING SOURCE: The parties recognize that the Borough has the authority and duty to provide for all major rehabilitation, construction, and major repair of school buildings. Commonly, the funding for such projects comes from either State of Alaska or Borough funding sources or both. The funding for this project is being provided by the District from FY 2022 Operating Budget funds, and as such must be encumbered or expended before the end of FY 2022. The District has allocated $1,5000,000.00 for the Project. If the project bids, including a reasonable contingency and administrative expenses (collectively "Project Costs") exceed this amount, the Borough and District will confer and if the District declines to provide sufficient funds to cover the total expected Project Costs, the Borough may cancel the procurement, cease work on the Project and return unexpended balance less the Borough's costs to that point. Funds will be transferred to the Borough through Central Treasury upon receipt of vendor invoices. SECTION 6. RESPONSIBILITIES OF BOROUGH: The Borough shall: A. Engage design professionals as necessary; B. Supervise the design and bidding of the Project; C. Obtain any required design approvals and permits approvals; D. Select the methodology to accomplish the Project, coordinating project scheduling with the District; E. Conduct the procurement and engage a construction contractor; F. Supervise the construction of the Project; G. Cooperate with the District concerning the submission of any required reports or documentation regarding the Project; H. Provide for administration of monies that fund the Project; I. Comply with the terms of all laws governing the expenditure of funds including, but not limited to, the provisions in Titles 14 and 36 of the Alaska Statutes; J. Provide the District with a copy of all agreements that the Borough enters into regarding the Project; and K. Provide the District with a final accounting for the project and copy of all reports and audits relating to the Project. SECTION 7. RESPONSIBILITIES OF THE DISTRICT: The District shall: A. Fund $1,500,000.00 toward the projects defined in the agreement; B. Cooperate with the Borough in the scheduling and implementation of the Project; and D. Cooperate with the Borough concerning any information required to conduct the Project. SECTION 8. AMENDMENT: This contract shall only be amended, modified or changed by writing, executed by authorized representatives of the parties. For the purpose of any amendment modification or change to the terms and conditions of this contract, the only authorized representatives of the parties are: Kodiak Island Borough Borough Manager 710 Mill Bay Road Kodiak, Alaska 99615 SECTION 9. TERMINATION: Kodiak Island Borough School District Superintendent 722 Mill Bay Road Kodiak, Alaska 99615 This Agreement may be terminated by mutual consent. This Agreement may be terminated by the Borough after due notice if the District fails to provide funds reasonablyrequired for the Project in accordance with section 5. SECTION 10. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Borough and the District 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 District, its successors, executors, administrators, assigns and legal representatives. DATED the day and year last written below. /117 Date: By: C � I I i 11L -- Roxanne Murphy, Boroug Manager Kodiak Island Borough Date:~ By: EV oux, SuperinteKdent Ko is land Borough Scho7"istrict A By: Y Vv r Gaf-(A-n-a-GFaz, Acting Borough Jerk BOROUGH ACKNOWLEDGMENTS STATE OF ALASKA ) )SS. THIRD JUDICIAL DISTRICT ) -fh THIS IS TO CERTIFY that on this y� day of 2022, before me, the undersigned, a notary public in and for the State of Alaska, duly com nissioned and sworn, personally appeared Roxanne Murphy, to me known to be the Borough Manager of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that he signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. h, Smarr I�r�d_nfflpial a day and year in the certificate first above written. Notary Public CAROI.iSide fUZ Allaske NOTAR UBLIC FOR ALASKA MY Commis" Expires May 23, 2022 My Commission Expires: May a3 Zo?ZZ STA ) ss. THIRD JUDICIAL DISTRICT ) 44 THIS IS TO CERTIFY that on this 5 day of 2022, before me, the undersigned, a WVNnotary public in and for the State of Alaska, duly co missioned and sworn, personally appeared —Adtst--Were, to me known to be the Borough Clerk of the Kodiak Island Borough, a joa-- municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that she was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that she signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. 4. TARY LIC FOR ALASKA CAR Notary NUZ My Commission Expires: f �j State of Alaska My Commission Expires May 23, 2022 DISTRICT ACKNOWLEDGMENTS STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT 4h THIS IS TO CERTIFY that on this 5 day of (-, I 2022, before me, the undersigned, a notary public in and for the State of Alaska, duly comma stoned and sworn, personally appeared Dr. Larry LeDoux, to me known to be the Superintendent of the Kodiak Island Borough School District, which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of the District; who acknowledged to me that he signed the same freely and voluntarily on behalf of the District for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year i certificate first �a;b MCI%'a,�y apTgRY >• ••'r"OUBLAG P. ry 11 n Ex -N TARY PUBLIC FO My Commission Expires: wi t en.