FY2024-05 Memorandum Of Agreement Between Kodiak Island Borough And The Kodiak Island Borough School District To Redirect Money From Main Elementary Roof ProjectCONTRACT FY2024-05
MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE KODIAK ISLAND
BOROUGH AND THE KODIAK ISLAND BOROUGH SCHOOL DISTRICT
REGARDING THE NORTH STAR ELEMENTARY SCHOOL ROOF SKYLIGHT
REPLACEMENT PROJECT
RECITALS
WHEREAS, AS 14.14.060(f) provides that the borough school board shall provide custodial services
and routine maintenance for school buildings and shall appoint, compensate, and otherwise control
personnel for these purposes and the borough assembly through the borough administrator, shall
provide for all major rehabilitation, all construction and major repair of school buildings; and
WHEREAS, the Kodiak Island Borough and the Kodiak Island Borough School District executed a
MOA in April of 2022 for the replacement of the Main Elementary roof which was completed in
2022 with a balance of unspent funds of $813,262.61; and
WHEREAS, the Kodiak Island Borough School District would like to redirect $688,262.61 of the
remaining funds from the previous MOA to do repairs on the North Star Roof and Skylight
Replacement Project. and the Kodiak Island Borough School District will use the remaining
$125,000 to complete repairs on other school roofs.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION 1. PURPOSE:
This Memorandum of Agreement (Agreement) outlines the terms under which the Kodiak
Island Borough (Borough) agrees to perform the North Star Roof and Skylight Replacement
Project (Project) using funds provided by the Kodiak Island Borough School District (District).
The Borough shall manage all aspects of the Project and coordinate with the District as
provided in this Agreement.
SECTION 2. TITLE OF PROJECT:
The Project shall be identified as the "North Star Roof and Skylight 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 the remaining funds from the previous MOA regarding
Main Elementary Roof Replacement Project Operating Budget funds, and as such must be
encumbered or expended by the District before the end of FY 2024. 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. Reimbursement of Borough expended Project Costs will be transferred to the Borough
from the District through Central Treasury upon receipt of invoices.
CONTRACT FY2024-05
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. The borough will invoice the District for the cost of administration of 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 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 $688,262.61 toward the projects defined in the agreement ($813,262.61 minus $125,000
allocated for the District to perform repairs on other roofs);
B. Cooperate with the Borough in the scheduling and implementation of the Project; and
C. Cooperate with the Borough concerning any information required to conduct the Project.
D. Reimburse the Borough within 30 days of receipt of invoices.
CONTRACT FY2024-05
SECTION 8. AMENDMENT:
This contract shall only be amended, modified, or changed by writing, executed by authorized
representatives of the parties. For 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, AK 99615
SECTION 9. TERMINATION:
Kodiak Island Borough School District
Superintendent
722 Mill Bay Road
Kodiak, AK 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 reasonably required 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 on the acknowledgement pages.
ACKNOWLEDGEMENTS
The District:
KODIAK ISLAND BOROUGH SCHOOL DISTRICT
Name:--- - ,
Title: _Superintendent
Date: DS -p?/ -
ATTEST:
By:
Name:
Title:
��w►�14.+���,� Sa�r�.� ,P��/S
Title:S4,t�,r
Date: 0 - 21 2�
The Borough:
KODIAK ISLAND BOROUGH
Name: Aimee Williams
Title
_Borough Manager
Date: Z S A -q - 2?=,
ATTEST:
By:
Name: Nova M. Javier
Title: _Bor ughC'lerrJkL
Date: A�q
CONTRACT FY2024-05
`S�,AND 8;
CONTRACT FY2024-05
BOROUGH ACKNOWLEDGMENTS
STATE OF ALASKA )
)ss'
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this pAr"ay of N011kS� 2023, before me, the
undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn,
personally appeared Aimee Williams, 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.
WITNESS my ha �' ial seal the day and year in th certi icate first above written.
Q� NM►sslop
IAO c
(Seal) `� NOTARY PUBLIC FOR AL4SKA
NOTARYPUBLIC My Commission Expires: vu%
STATE OF ALASKA �rFOF )ss.
THIRD JUDICIAL DISTRICT ) y
THIS IS TO CERTIFY that on this ARt/ay of 61 2023, before me, the
undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn,
personally appeared Nova M. Javier, to me known to be the Borough Clerk of the Kodiak Island
Borough, a 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.
SNE �rot�9 0 'rQM/V
(Seal) NOTARY PUBLIC FOR ALASKA
NOTARY PUBLIC My Commission Expires: wt.
OF