FY2025-30 Joint Agreement For The Use And Operation Of COK, KIBSD, And KIB FacilitiesCONTRACTS TRANSMITTAL FORM
RETENTION SCHEDULE: CL -09 CONTRACTS
Records related to obligations under contracts, leases, and other agreements between the Borough and
outside parties, successful bids, and proposals. Active records are kept by the corresponding department.
Apply retention (plus 4 years) once contract or agreement expires, or once product is procured. Apply retention
(plus 25 years) for agreements that involve real property.
DATE: 10/31/2024
REQUESTED BY: Aimee Williams
DEPARTMENT: Manager CONTRACT NO.: FY 2pZS-3i7
VENDOR OR SERVICE PROVIDER:
CONTRACT TITLE: Joint Agreement for the Use and Operation of CoK, KIBSD, and KIB FAGj jj.h'cS
Administrative contracts are contracts approved by the manager within the spending authority
allowed by code. Assembly approved contracts are beyond the manager's spending authority and
require approval by the Assembly during a meeting.
APPROVED BY: Administrator DATE OF APPROVAL: 10/30/24
TYPE OF CONTRACT: Memorandum Of Agreement
PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW:
EXPIRATION DATE: 06/30/2027 PURGE DATE: bb/ 3b/ 214$1
If there is no expiration/purge date, enter 9999 as the year for open-ended contracts AND explain the
process below on how or when it should be flagged for review.
FILL OUT BELOW IF THE RECORD AMENDS, EXTENDS, IS A CHANGE
ORDER TO A CONTRACT, OR IS AN ADDENDUM TO A CONTRACT
DATE:
CONTRACT NO.:
APPROVED BY: Select One
REQUESTED BY:
CATEGORY: Select One
TYPE OF CONTRACT: Select One
PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW:
EXPIRATION DATE:
PURGE DATE:
If there is no expiration/purge date, enter 9999 as the year for open-ended contracts AND explain the
process below on how or when it should be flagged for review.
Y:\U - RECORDS\FORMS\20240802 Contracts Transmittal Form.docx Rev. 08/02/2024
T City of Kodiak °.' - Kodiak island Borough !_ L:iLaw,mns
710 Mill Bay Road 'g ,� 710 Mill Bay Road,
Kodiak, AK 99615 Kodiak, AK 99615
Kodiak Island Borough School District
a{
722 Mill Bay Road, Kodiak, AK 99165
JOINT AGREEMENT FOR THE USE AND OPERATION
OF CITY OF KODIAK, KODIAK ISLAND BOROUGH AND KODIAK ISLAND
BOROUGH SCHOOL DISTRICT FACILITIES
Between
CITY of KODIAK, KODIAK ISLAND BOROUGH and KODIAK ISLAND
BOROUGH SCHOOL DISTRICT
This Agreement entered into this 23rd day of September 2024, by and between the CITY
OF KODIAK, hereinafter referred to as the "City," the KODIAK ISLAND BOROUGH,
hereinafter referred to as the "Borough," and the KODIAK ISLAND BOROUGH
SCHOOL DISTRICT, hereinafter referred to as the "District."
PREAMBLE
Since the completion of Baranof Park in 1973, the Kodiak Island Borough (Borough), the
City of Kodiak (City), and the Kodiak Island Borough School District (District) have
pooled their resources to meet continuous youth and community demands for
developmental and recreational opportunities. The Borough, City and District have
cooperated in planning and jointly using their separately owned facilities and grounds for
the benefit of students, community members and visitors.
The Borough/City/District partnership has effectively maximized the use of their
respective facilities to meet community and student needs, beyond what each could do
alone. In addition to creating more opportunities for their respective constituent groups,
sharing facilities has led to greater efficiencies in cost and operations. The Borough, City,
and District acknowledge the value of their collaboration and seek to extend their working
relationship.
To maximize the use of their facilities for the benefit of the community, the three parties
will continue to provide priority access to each other, continue to equitably share their
resources, and continue to give priority to programs that benefit Kodiak youth and the
community as a whole. Additionally, the Borough, City, and District believe that they can
best accomplish their objectives and, at the same time, encourage other community-based
recreational activities by forming a cooperative partnership involving the Borough, City,
and District. All three parties support the goal of increasing community access and use of
Borough, City and District facilities and grounds.
Now, Therefore, in consideration of the foregoing, the parties agree as follows:
VISION STATEMENT: All public facilities and grounds, owned by the Borough,
City, and District, shall benefit and be available to Kodiak children, adults, and
families to the maximum extent possible. The Borough, City, and District have mutual
interests in helping young people learn and develop recreation skills and in providing
City of Kodiak, Kodiak Island Borough, and Page 1 of 7
Kodiak Island Borough school District
Joint Use Agreement 2024-2027
opportunities for people of all ages to participate in recreation activities. It is
incumbent upon the Borough, City, and District to develop a unified approach to
serving the community's recreation needs and to cooperatively maintain Borough,
City, and District facilities and grounds in order to foster community learning and
vitality.
I. PURPOSE OF THE AGREEMENT: This Agreement is intended to enhance and
not interfere with the primary mission of Borough, City, and District governance.
In establishing this Agreement, the Borough, City and District seek to:
A. Effectively and efficiently manage the use of Borough, City, and District
facilities and grounds for the benefit of Kodiak's youth and citizens;
B. Encourage joint use of their respective facilities and grounds and give priority
usage, after the owning agency's programming and/or on-going community
obligations are met, to the requests submitted by the other party;
C. Provide facilities and grounds usable for Borough, City and District programs;
D. Establish procedures to encourage cooperative working relationships between
Borough, City, and District personnel at all levels and to quickly resolve issues;
E. Encourage joint and cooperative ventures, including facility maintenance and
development.
II. TERMS: This Agreement shall be effective for a term of thirty-two (32) months.
The Agreement commencing on November 1, 2024, and ending June 30, 2027. The
agreement may continue as a month-to-month agreement by written consent by all
parties. The agreement may be terminated at the end of the fiscal year by any of the
three parties with a minimum 90 day written notice to all parties.
III. PROGRAM: Borough, City, and District program and facility offerings should be
complementary and supportive and issues should be resolved in an equitable
process with the overall mission in consideration. Joint planning, reporting and
evaluation are necessary to achieve this end.
IV. FACILITIES: District facilities subject to this Agreement, include the community
pool, gyms (high school, middle school, Main Elementary, East Elementary and
North Star), locker rooms, and specifically designated classrooms and other areas
together with a limited amount of office and storage space. Borough facilities,
subject to this Agreement, include the paved bike/walking path from Benny Benson
to Abercrombie Park, two fields at Woody Way, the Dark Lake Field, East
Elementary Field, and Coon Field. City facilities subject to this Agreement, include
the Baranof Park track, football field, baseball field and ice rink, East Addition Park
softball field, Teen Center, and other City parks and recreation facilities.
V. ISSUANCE OF FACILITY KEYS: Keys shall be issued, or other means of
access provided, for curriculum/program events and activities approved under this
Agreement. Issuance of keys to agency personnel for use of another agency's
facilities shall be limited to those necessary to implement this Agreement. All
agencies agree to not duplicate keys issued by another agency.
City of Kodiak, Kodiak Island Borough, and Page 2 of 7
Kodiak Island Borough school District
Joint Use Agreement 2024-2027
VI. TIME PERIODS FOR SPECIFIC NEGOTIATED USE:
A. Monday - Friday during the period of the regular school year, 7:30AM- 5:30PM;
B. Monday - Friday during the period of the regular school year, 5:30PM - 7:30AM;
C. Weekends, September through May, including extended school closures such as
Thanksgiving, Winter Break, and Spring Break.;
D. Summer, June I"— September Is'.
VII. PRIORITY OF USE: Each agency will make its buildings and grounds available
for use by the other agencies on a first priority basis after the scheduling
requirements for its own programs have been met.
A. School District Facilities: Priority of use is relative and reflects the intended
primary use of the facilities for educational purposes and the secondary use of
community service for recreation, education, and leisure -time activities. In the
time period VI "A." the District shall have the exclusive right to use of District
facilities. The District may share the space. In the time period VI `B.," joint use
will be assumed with first priority given to District sponsored activities. In time
period VI "C." and "D." the District and City will assume joint -use with mutual
access. In the scheduling of space, the District will prioritize the City's needs
first and then the needs of other community agencies or groups. The District
will not retain the gym or pool for daily practice of District teams beyond
7:30PM.
B. Borough Facilities: The Borough will regulate use of Borough facilities under
the following guidelines: Priority of use is given to Borough needs. In the
absence of Borough needs, the City shall have management authority over
Borough facilities.
C. City Facilities: The City will regulate use of City Facilities under the following
guidelines: Priority of use is given to District interscholastic athletic practices
and competition. In the time period VI "A.," the School District shall have
preferential use of City Facilities. In other time periods the needs of City,
District and community programs will be evaluated and access allocated
according to the needs of each.
Vlll. SCHEDULING OF ACTIVITIES: Specific requests for use will be made party
to party, and will include the following: person in charge, space desired,
approximate number of participants, time, description of the activities involved,
plan of supervision and control, and person(s) designated to assist in set-up and take
down of equipment needed. Approval rests with the Borough Engineering/Facilities
Director, District Maintenance and Operations Director, and the City Parks and
Recreation Director, or their designee. After the initial approval is granted, each
party must provide the other with at least one week's advance notice, whenever
possible, prior to commencement of or change in the schedule of the approved
activity. Once a party establishes its schedule, each must give the other at least one
week's advance notice before changing their schedule. Use of District facilities by
groups outside the realm of the Borough, City, or District, at times other than during
City of Kodiak, Kodiak Island Borough, and Page 3 of 7
Kodiak Island Borough school District
Joint Use Agreement 2024-2027
regular school hours, will be scheduled by the District Community Schools
Supervisor after notification and review with affected City, Borough, and District
staff.
IX. CHANGES IN POLICY, BUDGET, OR ORGANIZATION: When the
Borough, City, or District contemplates a change in policy, budget, or organization
that could impact the joint -use access, each party will consult with the other parties,
with sufficient notice, so each party can analyze the impacts and plan for the
change.
X. DENIAL OF FACILITIES: The Borough, City, and District reserve the right to
deny the use of their facilities for cause to groups and/or individuals. The Borough,
City, and District will designate individuals responsible to enact this denial.
Specific rules will be posted in areas of use. Attention to the rules will be
accomplished by each activity and as needed throughout the duration of the
schedule.
XI. CITY OBLIGATION FOR DISTRICT FACILITIES: the City's responsibility
is restricted to public use of District facilities for those activities under the City's
sponsorship. This means that the City will:
A. Supervise all City staff and volunteers.
B. Schedule all City programs and activities; coordinate with the Community
Schools Office;
C. Provide pool vacuuming, filtration, and chemical upkeep;
D. Provide for safe storage and handling of all items used daily, including
hazardous chemicals;
E. Ensure that all scheduled activities will conclude by 10:30 p.m. and provide for
policing of area used at end of each activity;
F. Provide trained, qualified personnel for supervision of all City recreation
activities and ensure that City participants have vacated District facilities prior
to supervisor's conclusion of duties. Provide lifeguard personnel with lifeguard
certificate.
G. Provide advanced notification of supply needs, e.g. pool chemicals.
H.The City will inform the District, and the District will inform the City of any
known equipment or items that are not functioning properly;
1. The City will schedule and provide lawn mowing during the summer months as
needed for East Elementary, Main Elementary, North Star Elementary, Peterson
Elementary, Kodiak Middle School, and Kodiak High School
XII. CITY OBLIGATION FOR BOROUGH FACILITIES—The City's
responsibility for use of Borough facilities is to manage, maintain, and operate said
facilities as if they were City facilities. This means that the City will:
A. Maintain the playing surfaces of Borough fields to include mowing, dragging,
lining and other basic maintenance procedures;
City of Kodiak, Kodiak Island Borough, and Page 4 of 7
Kodiak island Borough school District
Joint Use Agreement 2024.2027
B. Do limited maintenance on fences, buildings, bleachers, goal posts, bases and
other amenities and support structures;
C. Schedule the use of facilities to ensure appropriate maximum use and benefit by
the community.
XIII. DISTRICT OBLIGATION—the District will:
A. Provide heat, light, power, chemical supplies and equipment, and water
necessary for both District and City use;
B. Provide minor mechanical work;
C. Provide proper and safe storage area for the inventory of pool chemicals;
D. Provide all building maintenance including required maintenance to ensure
individual health and safety in the gyms and supporting facilities;
E. Provide all custodial services.
XIV. BOROUGH OBLIGATION—the Borough will:
A. Provide necessary maintenance in addition to section XIII A and B to ensure
individual health and safety on the fields and supporting facilities;
B. Include the City in the planning and design stages of Borough and District
facilities, which are or could be subject to this Agreement.
XV. ACCESS TO STORAGE: Wherever possible, each agency shall make available
storage space on site for joint -use program equipment and supplies.
XVI. FEES: All fees charged for participation in one party's programs in another party's
facility belong to the parry sponsoring program, not to the party that owns the
facility.
XVII. COOPERATIVE CAPITAL DEVELOPMENT FINANCING: The Borough,
City and District will cooperatively plan development at appropriate joint -use sites
or facilities, exploring whenever possible avenues for blending fund sources and
resources to accomplish mutual goals. Where possible, the three parties will work
together to use other public and private financing opportunities to accomplish
mutual objectives and to develop facilities with standards sufficient to meet the
programming requirements of all three parties.
XVIII. INTERAGENCY TRAINING: The Borough, City, and District shall conduct
ongoing training and orientation programs for key personnel involved in
implementing this Agreement; including school principals, coaches, teachers,
secretaries, maintenance technicians, and custodians. Topics to be covered include
the history and purpose of this Joint Use Agreement, benefits to students/families
and community residents, specific provisions established by this Agreement and
key implementation procedures.
XIX. LIABILITY INSURANCE: The Borough, City, and District shall, at all times,
maintain and keep in effect liability insurance with limits not less than $1,000,000
per occurrence and/or aggregate combined single limit, personal injury, bodily
injury and property damage, naming each subsequent party as an additional insured.
City of Kodiak, Kodiak Island Borough, and Page 5 of 7
Kodiak Island Borough School District
Joint Use Agreement 20242027
The Borough, City and District will provide upon request, a copy of the required
Certificate of Insurance and provide thirty (30) days written notice prior to
cancellation of insurance policy.
XX. INDEMNIFICATION: The Borough, City, and District shall, to the fullest extent
permitted by law, defend, indemnify, and hold harmless each other, including each
other's elected and appointed officials, employees, and volunteers against any and
all liabilities, claims, demands, lawsuits, or losses including costs and reasonable
attorney fees incurred in defense thereof, arising out of or in any way connected or
associated with this Agreement.
XXI. PROPERTY DAMAGE: The Borough, City, and District will reimburse each
other for damage to the other's facilities due to negligence or acts of employees or
persons involved with sponsored activities hosted in facilities during times that said
facilities are subject to the exclusive use of the Borough, City or District. Nothing
herein contained shall be construed to obligate the Borough, City or District to
make repairs for damage due to ordinary wear and tear.
City of Kodiak, Kodiak Island Borough, and Page 6 of 7
Kodiak Island Borough School District
Joint Use Agreement 2024-2027
City of Kodiak
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City M Oager
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Date
Attest/City Cler
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Date
Kodiak Island Borough
Borough Manager
Oct- 30,
Dat
Attest/Borough Clerk
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Date
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K. I. B. School District
Sch of St perintendent
9/3/�oay
Date
Schon pard President
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StIll of Board Clerk
Date
City of Kodiak, Kodiak Island Borough, and Page 7 of 7
Kodiak Island Borough School District
Joint Use Agreement 2024-2027