FY2026-11 Memorandum Of Agreement Between City of Kodiak and Kodiak Island Borough For Trade of Storage at KANA Field & Lawn MowingCONTRACTS TRANSMITTAL FORM
RETENTION SCHEDULE: CL-09 CONTRACTS
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real property.
DATE: 07/25/25 TRANSMITTED BY: Aimee Williams DEPT: Manager
CONTRACT NO.: FYQQd-( -11 VENDOR OR CONTRACTOR: r ox
CONTRACT TITLE(Please provide details that are available such as purpose and/or the amount):
MOA Between City of Kodiak and Kodiak Island Borough for the trade of storage at KANA
field and lawn mowing around KIB facilities
Administrative contracts are contracts approved by the manager that are 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: 07/10/25
TYPE OF CONTRACT: Memorandum of Agreement
PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW:
EXPIRATION OR REVIEW DATE: 07/25/2030 PURGE DATE: 07/24/2035
If there's no expiration date or the contract is open-ended, enter 9999 in the date field and explain when
it should be flagged for review:
Are all relevant attachments, exhibits, referenced documents attached? ❑
Are the successful bids and proposals incorporated in the attachments? ❑
ONLY COMPLETE THIS SECTION IF THE RECORD AMENDS, EXTENDS, IS A
CHANGE ORDER, OR AN ADDENDUM TO AN EXISTING CONTRACT
DATE:
CONTRACT NO.: FY
REQUESTED BY:
CATEGORY: Select One
APPROVED BY: 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.
Rev. 04/09/2025
MEMORANDUM OF AGREEMENT
Between the Kodiak Island Borough and the City of Kodiak
This Memorandum of Agreement (the "Agreement" or "MOA") is entered into by and
between the Kodiak Island Borough, a general law municipality and a second-class
borough, whose principal address is 710 Mill Bay Road, Kodiak, Alaska 99615 ("KIB"),
and the City of Kodiak, a general law municipality of the second class, also located at 710
Mill Bay Road, Kodiak, Alaska 99615 ("City").
This MOA sets forth the mutual understanding between the parties regarding the use of
land located at the KANA Ball Field, with a legal description of Killarney Hills TR R-2,
which is under the management authority of the Kodiak Island Borough.
RECITALS
A. WHEREAS, the KIB and City desire to enter into a cooperative agreement for
lawn mowing of certain property owned by the KIB, which includes the grounds of
certain property occupied and used by the City for City offices; and
B. WHEREAS, the KIB and the City desire that the KIB permit the City to store
maintenance materials on KIB Property to facilitate that maintenance in exchange
for the City's agreement to perform the maintenance at no additional cost to the
KIB; and
C. WHEREAS, the KIB agrees to allow the use of a portion of real property located
at the northwest section of the KANA Ball Field, measuring approximately sixty
(60) feet in depth and seventy (70) feet in width, as further described in Exhibit A
attached hereto and incorporated by reference; and
D. WHEREAS, KIB agrees to allow the placement and storage of two (2) forty -foot
(40') Connex containers within the aforementioned area; and
E. WHEREAS, the City agrees to conduct regular lawn mowing on certain KIB-
owned properties as identified in Exhibit B, which includes:
• KIB — USS 2539A TR B — School/Borough Building Tract
• Mental Health —USS 2538A LT 5A-IB (Lease/KIB)
Project Office — USS 2538A LT 5A-IB (KIB Projects Office)
Red Cross — USS 2538A LT 7B-I A (Red Cross)
NOW THEREFORE, the parties agree as follows:
A. Use of Land and Storage Authorization: KIB hereby grants to the City the exclusive
right to use the northwest portion of the KANA Ball Field, measuring sixty (60) feet deep
by seventy (70) feet wide, to house two (2) forty -foot (40') Comex containers, subject to
the following terms and conditions:
Page 1 of 5
I. The City shall be solely responsible for all activities related to the use and upkeep
of the designated land area, including but not limited to administration,
management, security, and associated costs.
2. The City shall be fully responsible for compliance with all applicable local, state,
and federal environmental laws and regulations related to the use of the site and
storage containers.
3. The City shall be responsible for securing the equipment stored on the property to
prevent theft or vandalism. The KIB shall not be responsible for any damage or loss
associated with the equipment, supplies, storage or use of the property by the City.
4. The City shall provide lawn mowing services during the summer months, weather
permitting, for the KIB-owned parcels listed in Exhibit B. Maintenance shall occur
approximately weekly or every 10-14 days, as conditions allow.
B. General Provisions:
L Assignment: Neither party may assign or delegate its rights or obligations under
this MOA without prior written consent of the other party.
2. Termination: This MOA may be terminated:
a. By mutual written agreement of the parties;
b. For convenience, by either party, with at least thirty (30) days' prior written
notice; or
c. For cause, if either party materially breaches its obligations. A termination
for cause requires written notice specifying the grounds for termination and
shall become effective if the breaching party fails to cure such breach within
thirty (30) days of receipt of the notice.
3. Amendments: This MOA may only be amended, modified, or supplemented by a
written document signed by both parries.
4. Insurance: The City shall maintain and provide proof of insurance coverage,
including worker's compensation and general liability, in commercially reasonable
amounts.
Indemnity and Hold Harmless: The City agrees to indemnify, defend, and hold
harmless the KIB, its officers, employees, and agents from any and all claims,
demands, suits, or liabilities, including attorney's fees, arising out of or in
connection with the City's use of the property or performance under this
Agreement, including any negligent acts or omissions or intentional misconduct by
its employees or agents. This indemnification obligation shall survive termination
or expiration of this MOA.
6. Governing Law: This MOA shall be governed by and construed in accordance
with the laws of the State of Alaska. Any legal action arising under this Agreement
shall be brought exclusively in the courts of the State of Alaska, sitting in Kodiak.
Page 2 of 5
Expiration: Unless earlier terminated as provided herein, this MOA shall expire
five (5) years from the date of the last signature below. The parties may extend this
Agreement by mutual written consent.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement
as of the dates set forth below:
Kodiak Island Borough
By: 11-WIL tit ld t "AAA:
Aimee Williams, Borough Manager
Attest:
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Nova Javier, CMC, Borou Clerk
City of Kodiak
By:
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Page 3 of 5
Exhibit A
Kodiak use for two forty (40) foot Connex boxes.
Page 4 of 5
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