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FY2022-19 Karluk School Use And Operations Agreement Between KIB and Karluk Tribal CouncilCONTRACT FY2022-19 Kodiak Island Borough ENGINEERING & FACILITIES DEPT. 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9394 Fax (907) 486-9394 AGREEMENT FOR THE USE AND OPERATIONS OF KARLUK SCHOOL BETWEEN KODIAK ISLAND BOROUGH AND KARLUK TRIBAL COUNCIL This agreement entered into this 2nd day of December , 2021, by and between the Kodiak Island Borough, hereinafter referred to as the BOROUGH, and the IRA Karluk Tribal Council, hereinafter referred to as the COUNCIL. The Karluk school facility in its entirety, school gyms, multi-purpose rooms, classrooms, storage areas, and grounds hereinafter referred to as the SCHOOL. RECITALS WHEREAS the BOROUGH has under its jurisdiction the operation and management of the Karluk School. Said SCHOOL are physically convenient and capable of being used by the COUNCIL and its programs. Maximum use can be made of said SCHOOL by the joint use there of the BOROUGH and the COUNCIL and it is in the best interests of the parties hereto and the public that such use be made thereof. NOW THEREFORE in consideration of the above premises and the undertaking and covenants of each of the parties as hereinafter set forth, it is agreed by and between the parties as follows: AGREEMENT 1. TERMS: This agreement shall be affective for a term of 12 months commencing on November 1, 2021 and ending October 31, 2022. The agreement may be terminated by either party giving 30 days' written notice or immediate termination may occur based on violation of terms of this agreement. 2. PROGRAM: BOROUGH and COUNCIL program offerings should be complementary and supportive and not competitive in nature. 3. FACILITIES: The SCHOOL, which is the subject of this agreement include the facility in its entirety, school gym, multi-purpose rooms, classrooms, storage spaces, and grounds. Agreement for Use & Operations RE: Karluk School Building Kodiak Island Borough & Karluk Tribal Council Page I of 5 4. PRIORITY OF USE OF SCHOOL FACILITIES: Priority of use is relative and reflects the intended primary use of the facilities for K- 12 educational purposes and the secondary use of community service for recreation and leisure -time activities. 5. SUMMARY OF ACTIVITES: Specific request for use will be made by the COUNCIL to the BOROUGH and will include the following: i. Homeschooling classes: 8:30am — 3:25pm Monday through Friday. ii. High School Students: use gym after home schooling to practice for sports for an hour each day. iii. The Community: on occasion for Community events 1. Potlucks, Thanksgiving, Christmas, etc. iv. On occasion when there are traveling folks that work with the kids for a school program they stay at the school. 6. DENIAL OF FACILITIES: The BOROUGH and COUNCIL reserve the right to deny the use of the SCHOOL to grounds and/or individuals when their behavior may either do physical harm to the facilities or participants, or by their presence, downgrade or offend the moral and ethical standards of the BOROUGH and Community. The BOROUGH Manager or his/her designee is designated to enact this denial on the BOROUGH'S behalf. 7. COUNCIL OBLIGATION: The COUNCIL'S responsibility is as follows: i. Provide the following original payments for the building utilities: 1. Heating Fuel 2. Electricity 3. Water/Sewage ii. Provide a custodian/day man and their original wages to do regular cleaning and maintenance for the SCHOOL. 1. The custodian shall be an employee of the COUNCIL. All personnel aspects and the actions of the custodian will be the responsibility of the COUNCIL. 2. Not to exceed 15 hours per week. 3. Designated Custodian/Day Man: WADE TURNBOW 4. Duties outlined in Attachment A. iii. Provide the custodian/day man with necessary supplies to perform their duties. 1. Cleaning/Janitorial supplies iv. Schedule all COUNCIL programs and activities. 1. Homeschooling program v. Provide for safe storage and handling of all items used during COUNCIL education or recreation activities. Agreement for Use & Operations RE: Karluk School Building Kodiak Island Borough & Karluk Tribal Council Page 2 of 5 vi. Provide adequate numbers of trained, qualified personnel for supervision of all COUNCIL sponsored education or recreation activities and ensure that the COUNCIL education or recreation participants have vacated the premises prior to the conclusion of any activates. 8. BOROUGH OBLIGATION: The BOROUGH will: i. Provide reimbursement for following utilities: 1. Heating Fuel 2. Electricity 3. Water/Sewage 4. Custodian Wages. ($20 per hour, not to exceed 15 hours per week) ii. Provide all building maintenance to ensure individual health and safety in the facility. iii. Handle all major mechanical or building repair work. 9. PROPERTY DAMAGE: The SCHOOL or property thereon damaged or destroyed by reason of negligence or acts of the COUNCIL employees or persons using the SCHOOL under the COUNCIL'S supervision shall be the responsibility of the COUNCIL and reimbursement for replacement or repair shall be made by the COUNCIL to the BOROUGH; however nothing herein contained shall be construed to obligate the COUNCIL to make repairs for damage which is due to ordinary wear and tear. 10. LIABILITY INSURANCE The COUNCIL shall at all times, maintain and keep in effect liability insurance, naming the KODIAK ISLAND BROUGH SCHOOL DISTRICT and the KODIAK ISLAND BOROUGH as additional named insured and agrees to indemnify the BOROUGH and KODIAK ISLAND BOROUGH SCHOOL DISTRICT for any injuries which occur on the SCHOOL premises due to the users' negligence. Proof of insurance is to be provided to the BOROUGH. The BOROUGH will be given thirty (30) days' written notice prior to cancellation of liability insurance. 11. ASSIGNMENT: The COUNCIL shall not assign a portion of, or all of, their duties of this agreement to a third party without written notification to, and written permission of the BOROUGH. 12.EX( TRA) Agreement for Use & Operations RE: Karluk School Building Kodiak Island Borough & Karluk Tribal Council Page 3 of 5 ACKNOWLEDGE OF AGREEMENT FOR THE KODIAK ISLAND OROUG David Conrad Title: Interim Kodiak Island Borough Manager Date: —1z -15 Agreement for Use & Operations RE: Karluk School Building Kodiak Island Borough & Karluk Tribal Council Page 4 of 5 FORTHE Title: Preside Date: J2. D &0,Q AL COUNCIL: Attachment A — Custodian/ Day Man's Duties Custodian Duties Day Man Duties Daily: Daily: ❖ Sweep gym floor/spot clean any spills ••• Inspect building and determine needs for •'• etc. Remove all garbage repair for the main building and gym. 4- Sweep all vinyl floors ❖ Manage the up -keep of equipment and ❖ Clean whiteboards supplies to meet health and safety ❖ Vacuum carpets standards. ❖ Mop food prep area •:' Replace broken items. •'• Wipe down kitchen ❖ Mop bathrooms & wipe down ❖ Pick up freight as needed from airport or ❖ Mop lunchroom Post Office. ❖ Check and fill all paper towel and toilet Put freight away and/or organize. paper ❖ Take all garbage to the dump ❖ Pick up personnel as needed from the airport. Twice per Week: 44, Mop all vinyl floors ❖ Maintain the furnace room. ❖ Deep clean/sanitize bathrooms or more ❖ Replace light bulbs and fixtures as needed. if needed ❖ Clean bleachers/spot clean walls •:' Standard plumbing. Once per Week: ❖ Clean windows inside and out ❖ Wipe desks and furniture or more if needed ❖ Dust window blinds and sills ❖ Buff vinyl floors Once per Month: ❖ Clean window blinds with damp cloth Twice per Year: ❖ Deep clean rubber gym floor *if you are unsure how to keep the rubber gym floor clean, please contact Glen Clough, Old Harbor School Day Man/Custodian 907-286-2213. The rubber has bery precise cleaning procedures. ❖ Shampoo carpets Once per Year: ❖ Shampoo rugs — spot clean if needed ❖ Strip and re -wax vinyl floors As Needed: ❖ Clean kitchen stoves ❖ And anything else that is needed Agreement for Use & Operations RE: Karluk School Building Kodiak Island Borough & Karluk Tribal Council Page 5 of 5