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FY2007-29 Capital Projects and Grant Funds to Ouzinkie, Larsen Bay, and Port LionsKODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -29 Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: E &F Director Cassidy Introduced: 03/15/2007 Adopted: 03/15/2007 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE BOROUGH MANAGER TO SIGN A MEMORANDUM OF AGREEMENT TRANSFERRING FUNDS AND OBLIGATION OF LEGISLATIVELY APPROVED CAPITAL PROJECTS AND GRANT FUNDS TO OUZINKIE, LARSEN BAY AND PORT LIONS WHEREAS, during the last session a number of capital projects were approved by the Alaska State Legislature for projects located in communities around the island; and WHEREAS, grants funding these legislatively approved projects have been directed to the Kodiak Island Borough (KIB) for the following projects: • Ouzinkie Replacement Dock - $570,000 • Larsen Bay Heavy Equipment Purchase - $70,000 • Port Lions Community Workshop Door replacement - $10,000; and WHEREAS, the language in the grant requires the accounting and auditing as well as design, construction, and purchasing services associated with the projects be performed by the KIB with an administrative fee associated with this administrative duty between 5% to 10% of the grant amount; and WHEREAS, the Borough Attorney has reviewed the language of the grant and state statute and the requirements of the grant and finds that meeting these requirements will prove problematic for the KIB as state statute may require that by accepting the grant the Borough may be liable for injuries, poor construction practices and maybe future maintenance of these projects that KIB really has no control over; and WHEREAS, the way that the grant is structured is also proving problematic for the rural communities who feel they have the experience to administer the project and manage the construction as well as meet any administrative requirements of the grant with local talent; and WHEREAS, Borough Staff has been working with the affected communities, the State Division of Commerce and Community Advocacy and the Borough Attorney to structure a MOA that is acceptable to all the parties and to resolve any issue; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Borough Manager is authorized to sign the Memorandum of Agreement that removes the KIB as a party to the grant and allows the communities and the State of Alaska to deal directly with capital projects approved by the 2006 state legislature. Kodiak Island Borough, Alaska Resolution No. FY2007 -29 Page 1 of 2 ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTEENTH DAY OF MARCH 2007 0/./ Nova M. Jay ' r, CMC, Bor gh Clerk KODIAK ISLAND BOROUGH e me M. Selby, Borough Ma Kodiak Island Borough, Alaska Resolution No. FY2007 -29 Page 2 of 2