FY2010-31 Alaska Department of Transportation and Public FacilitiesF1'o2o�0 — 3�
AKSAS 80210
MEMORANDUM OF AGREEMENT
Between the
ALASKA DEPARMENT OF TRANSPORTATION AND PUBLIC FACILITIES
And the
KODIAK ISLAND BOROUGH
PROJECT: KODIAK ISLAND TRANSPORTATION STUDY AKSAS 80210
The parties to this Agreement are the State of Alaska acting through the Department of Transportation and
Public Facilities (hereafter called DOT&PF) and the Kodiak Island Borough (hereafter called the Borough).
This agreement provides for the transfer of funds from the State to the Borough for the purpose of supporting an
Island Transportation Study, including the feasibility of an intra -island ferry system that would link isolated
coastal communities with the hub city of Kodiak. State funding is to be matched with funds from Denali
Commission and Kodiak Island Borough.
WHEREAS, the Borough has an interest in promoting prudent investment in transportation infrastructure
resources, and has requested DOT&PF provide funding in the amount of $100,000 for this Study;
WHEREAS, a Kodiak Island Transportation Study is consistent with the mission and goals of DOT&PF to
provide accurate data for transportation policy decision makers;
WHEREAS, the Borough has already secured matching funds for this study;
WHEREAS, the undersigned parties have been authorized to enter into this Agreement to cooperatively
complete the project under the terms and conditions identified below.
THEREFORE, the parties, in consideration of the mutual promises in this Agreement, agree to the following:
1. COMPLIANCE WITH LAWS AND REGULATIONS
The Borough agrees to comply with, and shall require compliance by any consultants, all applicable
local, state and federal laws and regulations.
2. PROJECT SCOPE
Conduct an all Kodiak Island Transportation Study to include a feasibility study on an intra -island ferry
system to link remote coastal communities in Kodiak Island Borough with the hub city of Kodiak.
3. DELEGATION OF DUTIES
The Borough has the responsibility to plan, coordinate public involvement, advertise for proposals,
award, and administer the project within available funds.
AKSAS 50210
4. CONTACTS
Required notices of the Agreement must be sent to the following contract administrators:
DOT&PF: Joselyn Biloon, Area Planner, P.O. Box 196900, Anchorage AK 99519-6900
Borough: Rick Gifford, Borough Manager, 710 infill Bay Road, Kodiak, AK 99615
5. FUNDING
Funds required to complete the project, including dispute resolution, in excess of S 100,000, will be
secured by the Borough.
6. BILLING
a) Project costs eligible as expenses include in-house project management, contracted services, planning,
research, printing, public notification and meeting expenses.
b) There will be one lump sum payment for the study.
7. CONTRACT PROCUREMENT
If the Borough contracts with third -party contractors for planning, design or construction, the Borough
shall select the contractors using contract procurement principles consistent with the State Procurement
Code, AS 36.30.
8. PROJECT SUBMITTALS AND REVIEW
a) the Borough agrees to provide 3 hard copies and 1 electronic copy of the completed study to the State
prior to December 31, 2012; and
b) The Borough, upon completion of the project, shall provide the DOT&PF a final expenditure report of
all costs incurred in the accomplishment of the project.
c) Within 6 months after acceptance by the State that the Borough has met the requirements of this
Agreement, the Borough will return the full amount of the grant, less legitimate project expenses, to the
State of Alaska.
9. AUDIT OF PROJECT
The Borough will retain for a period of three years after final billing, all contracts, invoices, payrolls,
personnel records, condition of employment and other data relating to the matters of this agreement.
DOT&PF reserves the right to perform a final project audit.
10. WAIVER OF PROVISIONS
The failure of DOT&PF to insist upon strict performance by the Borough of any provision in this
Agreement is not a waiver or relinquishment of the provision for the future. The waiver by DOT&PF of any
provision in this Agreement cannot be enforced or relied upon unless the waiver is in writing and signed on
behalf of the DOT&PF.
AKSAS 60210
11. LOBBYING
The Borough shall ensure that none of the funds under this Agreement will be used for the purposes of
lobbying the Alaska State Legislature or the United States Congress.
12. TERMINATION
a) I£ the Borough is in substantial violation of this agreement, or if the Borough has failed to fulfill its
responsibilities under this agreement prior to December 31, 2012, DOT&PF may in its discretion, notify
the Borough of the violation or failure. If the Borough fails to correct the violation within a reasonable
time, or to offer assurance satisfactory to DOT&PF that the violation or failure will be remedied,
DOT&PF will, in its discretion, terminate the agreement.
b) Upon termination, the Borough shall provide the DOT&PF a final expenditure report of all costs
incurred in pursuit of accomplishing the project for DOT&PF determination of legitimate expenses.
Within 6 months of termination the Borough will return the full amount of the grant, less legitimate
project expenses to the State of Alaska.
13. EXTENSIONS
DOT&PF may grant a time extension at its discretion, at the request of the Borough.
14. THE WHOLE AGREEMENT
This agreement constitutes the entire agreement between the parties. There are no other understandings or
agreements between the parties, either oral or memorialized in writing regarding the matters addressed in
this agreement. This agreement may not be amended by the parties unless agreed to in writing with both
parties signing through their authorized representatives.
APPROVALS
Borough M ger
Central Region Director
211
Date
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