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Contract No. 1991-02ANIMAL CONTROL CONTRACT Issued by the Kodiak Island Borough January 1991 KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, ALASKA 99615 THIS AGREEMENT is made and entered into by and between the KODIAK ISLAND BOROUGH, hereinafter "KIB" and BORGEMAN/RUSSELL ANIMAL CONTROL, hereinafter "CONTRACTOR," in consideration of the mutual promises contained herein and shall be effective on the day, month, and year last herein specified. WHEREAS, the KIB adopted Ordinance No. 86-16-O(A) authorized the control of animals outside of cities for the purpose of protecting the public health and safety; and WHEREAS, the KIB wishes and is authorized to contract for animal control service by Kodiak Island Borough Code Subsection 6.04.150(C); and WHEREAS, the CONTRACTOR desires to provide said services to the KIB. NOW, THEREFORE, the parties hereto covenant and agree as follows: PART SPECIAL PROVISIONS Section 1. Definitions. In this contract: A. "KIB" means the Kodiak Island Borough. B. "Animal Code" means Chapter 6.04 of the Kodiak Island Borough Code, any amendments thereto, and any regulations promulgated therefrom. C. "Animal Control Center/Center" means those premises. D. "Chief Animal Control Officer" means the Kodiak Island Borough Mayor or his/her designees. E. "Complaint" means a request to the Contractor for service or services. 1<I8 Animal Control Contract Page 1 of 16 F. "Contractor' means its agents, employees, and servants. G. "Holiday" means those holidays officially observed by Kodiak Island Borough in accordance with Chapter 2.12 of the Kodiak Island Borough Code. Section 2. Scope of Services. A. The CONTRACTOR shall provide personnel, supplies, and equipment to perform those animal control services set forth in this contract. B. No claim for services other than those specifically described in this contract shall be allowed by Kodiak Island Borough or the Chief Animal Control Officer. The CONTRACTOR may, however, at its own expense provide such other services as are appropriate and not inconsistent with this contract. C. This contract is not assignable by the contractor. Section 3. Enforcement and Complaint Response; Animal Control Officers. A. The CONTRACTOR shall employ Animal Control Officers who shall respond to complaints in the following priority: (1) Kodiak Police Department and Alaska Troopers emergency calls; (2) quarantine violations; (3) dog bites or vicious dogs; (4) injured animals; (5) cruelty to animals; (6) trapped animals; (7) loose animals; (8) animal noise complaints; and (9) patrol neighborhoods experiencing animal nuisance problems. B. The CONTRACTOR shall assign Animal Control Officers for: A minimum of eight (8) hours of active patrol per month in each of the following areas: Monashka Bay, Spruce Cape, and Bells Flats. The CONTRACTOR shall provide four (4) hours of active patrol in each area on or near the 10th of each month and four (4) hours of active patrol in each area on or near the 25th of each month. The CONTRACTOR shall also assign Animal Control Officers to serve Monashka Bay, Spruce Cape, Womens Bay, Karluk, Chiniak, and other remote areas on a complaint basis. A detailed record of the twenty four (24) hours of active patrol shall be kept. C. Animal Control Officers shall issue citations for violations of the animal code, participate in the prosecution of such citations, and investigate and prepare reports regarding serious code violations. Officers shall impound stray dogs and other animals which are subject to impoundment; when necessary bring animals into the Animal Control Center under protective custody; enforce the quarantine of animals that have bitten persons; inspect, for sanitary conditions, premises KIB Animal Control Contract Page 2 of 16 where animals are kept; administer first aid to animals; participate in administrative hearings at the request of the Chief Animal Control Officer; and generally assist, in a professional manner, citizens and other law enforcement agencies who have requested help with domestic animal problems. D. Unless otherwise approved in writing by the Chief Animal Control Officer, the CONTRACTOR shall provide around-the-clock, seven -day -per -week telephone answering service to accept and record complaint and information calls from the public. E. The CONTRACTOR shall use its best efforts to respond to all complaint calls in a timely manner. A timely response is one in which the Officer arrives not more than seventy-five (75) minutes after the request for service has been logged in. Kodiak Island Borough shall take a monthly sample to determine the CONTRACTOR's compliance with this standard. If the desired response time has not been achieved, the CONTRACTOR shall, within ten calendar days of being notified by Kodiak Island Borough of a response time deficiency, submit a written explanation and corrective action plan. F. Scheduled dispatch and non -emergency officer -response service shall be made available to the public at least thirty (30) hours per week. These hours shall be apportioned over a seven day week so as to provide coverage for the heaviest complaint periods. Periodic adjustments in the times covered may be made as necessary. Officer -response schedules, and adjustments thereto, must be approved by the Chief Animal Control Officer. G. Officers may be required to wear a uniform approved by the Chief Animal Control Officer. The uniform must be clearly and easily distinguishable from any uniform which the CONTRACTOR may use for non -animal control purposes, and shall be clean at the beginning of each work day. Each officer shall carry appropriate identification. H. The CONTRACTOR shall provide appropriate form citations, approved by the Chief Animal Control Officer for use by the Animal Control Officers. Each citation shall be serially numbered and provide space for the Officer's name to be written thereon and the time it is issued. The CONTRACTOR shall require all Animal Control Officers to issue only fully completed citations. I. The CONTRACTOR shall terminate an Animal Control Officer upon finding that the Animal Control Officer: 1. has engaged in corrupt or dishonest practices with regard to his or her work as an Animal Control Officer; KIB Animal control contract Page 3 of 16 2. has appeared for duty while under the influence of alcohol or any drug; 3. has been convicted of a felony; 4. has been convicted of committing any crime while on duty, except for minor traffic violations (driving while under the influence of alcohol or drugs, careless driving, reckless driving, and negligent driving are not considered minor traffic violations); 5. has violated non -criminal statutes, ordinances, or regulations two or more times while on duty; 6. has been convicted of violating any law pertaining to cruelty to animals; 7. has engaged in a pattern of unprofessional conduct toward complainants, animal owners, violators of Chapter 6.04 and/or others contacted in the line of duty. Documentation of such behavior shall generally consist of three or more founded complaints about the officer from the public. J. Upon reasonable written notice, Kodiak Island Borough may require the CONTRACTOR to provide an Animal Control Officer to perform certain specified functions other than those mentioned heretofore, but which pertain directly to administrative he prosecution, injunctions, special investigations, and similar Chapter 6.04 enforcement activities. Section 4. Care of Animals. A. The CONTRACTOR shall staff and operate the Animal Control Center which is located at 2521 Selief Lane (Lot 5A, Lakeside Subd. 2nd Addition). The principal activity at the Center shall be the proper care of animals taken in as a result of impoundment, owner release, protective custody, quarantine, and other reasons. Proper care includes, but is not limited to, adequate and sanitary food and water, regular cleaning of kennels and cages, and kindly handling. The Animal Control Center Building will provide adequate heat, ventilation, and natural light, and will meet all applicable building code requirements. B. The CONTRACTOR shall operate and maintain the Animal Control Center at 2521 Selief Lane so that no more than twenty (20) animals are housed there at any one time. KIB Animal Control Contract Page 4 of 16 C. The animal foods used by the CONTRACTOR shall be of a quality satisfactory to the Chief Animal Control Officer. Food and water shall be provided animals in adequate amounts and frequencies, with water being supplied to each animal at least once every eight hours. D. The CONTRACTOR shall clean, disinfect and otherwise maintain the cages and pens where animals are kept frequently enough to assure animal health, prevent the spread of disease, and present a good appearance to visitors. Cleaning and disinfecting shall be no less than once per day. E. When an animal is brought to the animal control center the CONTRACTOR shall promptly attempt to identify and notify the owner. When the owner has not been identified the animal must be kept at the center at least as long as prescribed in the Animal Code: currently 72 hours, which must include one full business day. F. All kennel staff shall be adequately trained in procedures for the proper care and handling of animals. The CONTRACTOR shall prepare and issue to kennel personnel written detailed guidelines for animal care and handling. G. The Chief Animal Control Officer may, upon two weeks notice further specify and revise the animal care standards imposed on the CONTRACTOR. Should this result in additional costs, they will be negotiated between the parties. H. Arrangements shall be made with licensed veterinarians for emergency treatment of animals. I. The CONTRACTOR shall make a reasonable effort to contact the owner of an injured animal and inform him of the need for veterinary care. In the event the owner cannot be located or refuses to take financial responsibility for the animal, the CONTRACTOR shall pay for the services rendered as set forth in the written agreement with the veterinarian or clinic which treats the injury. Section 5. Redemption, Adoption, and Disposition of Animals. A. The CONTRACTOR shall in accordance with the Animal Code release animals back to their owners after the payment of all prescribed fees. The CONTRACTOR shall promote and administer the adoption of unclaimed animals to responsible persons. Animals which are not reclaimed or adopted shall be humanely killed as specified in the Code. B. The CONTRACTOR shall pick up dead animals on the streets or other public property and shall dispose of them in the manner set forth in this section. KIS Animal control contract Page 5 of 16 C. The CONTRACTOR shall provide, operate and maintain a humane method with which to destroy certain animals as permitted or required by the Animal Code. The CONTRACTOR shall not destroy any animals unless the Chief Animal Control Officer has approved the method used. D. All personnel assigned to destroy animals shall have been trained by a licensed veterinarian or through attendance at a recognized euthanasia techniques course. E. The CONTRACTOR shall dispose of all animal carcasses at the Municipal Sanitary Land Fill. No animal carcass shall be stored for a period of time in excess of seventy-two (72) hours unless that animal is stored at a constant temperature below 32 degrees Fahrenheit for a reasonable time only. No animal carcass shall be stored in a place which is within the public view. Animal carcasses disposed of at the landfill shall be delivered in either double bagged 6 mil polyethylene bags or a double layer of 5 mil polyethylene sheathing. The bags or sheathing must be completely sealed with the air removed from the interior of the container. If the container weighs more than 50 pounds, the CONTRACTOR will furnish all equipment necessary to place it in the landfill. The CONTRACTOR shall notify the manager of that facility at least twenty-four (24) hours in advance. The CONTRACTOR shall also notify the Chief Animal Control Officer at the same time. If the CONTRACTOR believes that the carcasses are not being treated by the sanitary land fill staff in accordance with this section, the CONTRACTOR shall immediately notify the Chief Animal Control Officer. Section 6. Sterilization. The CONTRACTOR shall encourage sterilization by forgiving fines in accordance with SubSection 6.04.180(D)(5). Section 7. Licensing. A. The CONTRACTOR shall administer the licensing of individual dogs and register brands and marks for cattle as stated in the Animal Code. Upon approval of the Chief Animal Control Officer the CONTRACTOR may arrange for the issuance of licenses at locations (e.g., veterinary clinics) other than the Animal Control Center. B. The CONTRACTOR shall post a public notice in the Animal Control Center lobby stating that all dogs over three months of age must be licensed. C. All tags, certificates, and other supplies necessary for licensing shall be provided by the KIB. KIB Animal Control Contras - Page 6 of 16 Section 8. Customer Service. The CONTRACTOR shall operate the Animal Control Center twenty-four (24) hours per day and shall open the facility to the public five (5) days per week four (4) hours per day including one weekend day, in accordance with a schedule approved by the Chief Animal Control Officer, so that citizens are able to adopt, claim and turn in animals; purchase licenses; and conduct related business. Section 9. Performance Standards. A. The KIB will assess CONTRACTOR performance using these minimum standards: 1. Median response time to complaints must be no greater than seventy-five (75) minutes. 2. The number of redemptions must equal at least thirty-five (35) percent of total live animal dispositions. B. Assessment of CONTRACTOR performance will include examination of the following: complaints about CONTRACTOR service filed directly with the Borough; completeness and quality of records pertaining to complaints, citations, animal care and disposition, and fee collections; and degree of compliance, by adopters, with the sterilization requirement. C. Failure to comply with the minimum standards in Paragraph A of this section may be cause for termination of the Contract. Section 10. Fee Collection. A. The CONTRACTOR shall collect any administrative fees authorized by the Animal Code and remit weekly the amount collected to the Borough Cashier. The CONTRACTOR may receive payment by personal check made out to the "Kodiak Island Borough" and shall not be liable for any check which remains unpaid due to insufficient funds if the CONTRACTOR obtains the driver's license number of the check of the person who issues the check with insufficient funds. If a check is accepted by the CONTRACTOR and the check writer's driver's license number, or other normal foan of identification, does not appear on the check, the CONTRACTOR shall be liable for any portion of the check which remains unpaid due to insufficient funds. KIS Animal Control Contract Page 7 of 16 B. Kodiak Island Borough shall conduct a periodic audit or review of the CONTRACTOR's fee collection process and shall share the results of such audit or review with the CONTRACTOR. Section 11. Contract Term. This contract is effective from the date of execution through June 30, 1993. Section 12. Facility and Furnishings. CONTRACTOR will provide all necessary facilities and furnishings. While the contract is in effect the CONTRACTOR will provide and directly pay for all necessary building maintenance as well as all utility services including telephone. The CONTRACTOR will be obligated to keep the entire facility, including kennels and office areas, in a clean and sanitary condition. Cleaning supplies and equipment will be supplied by the CONTRACTOR. Section 13. Vehicles. The CONTRACTOR will provide vehicles equipped for patrol, radio communication, and animal transport and bear all fuel and maintenance expenses. The CONTRACTOR shall keep complete vehicle usage records. The CONTRACTOR shall carry comprehensive automobile liability insurance, including owned, non -owned, and hired vehicle coverage with limits of $500,000 per accident. The CONTRACTOR shall pay the deductible portion of any claim under these policies. Section 14. Operating Supplies. The CONTRACTOR shall be required to purchase all operating supplies. These include, but are not limited to, approved forms, paper, medicines, cleaning tools and detergents, disinfectants, uniforms and kennel garments, officer equipment (e.g., brief cases, first aid kits, flashlights) stretchers, capture instruments, approved animal feed, and cat and dog traps. Section 15. Insurance. Insurance. The CONTRACTOR shall provide the following types of insurance with the KIB as additional named insured provided prior to execution of contact: KIB Animal Control Contract Page 8 of 16 Workers Compensation Minimum Limits $100,000 Employers Liability and Statutory Workers' Compensation as required by Alaska State Workers' Compensation Statutes. Comprehensive General Liability Minimum Limits* Bodily Injury(induddng animal blies) and Property Damage $300,000 Liability; Premises Operations Combined Limit Products and Complete Operation; Each Occurrence Broad Form Property Damage; and Aggregate Blanket Contractual; Personal Injury Comprehensive Automobile Liability Minimum Limits Bodily Injury and Property Damage, $500,000 Combined including all owned, hired and Limit Per Accident non -owned automobiles Blanket Fidelity Bond Minimum Limit To protect against possible $2,000 per loss of receipts Occurrence These limits may be reduced only if the excess insurance is increased to provide the same total coverage. Section 16. Personnel. A. The CONTRACTOR shall be responsible to assure that sufficient personnel are available to staff services, as well as clerical, accounting and other support functions. B. The CONTRACTOR and KIB emphasize the need for training in enforcement, animal care, and public relations. The CONTRACTOR shall have primary responsibility for staff training which will be provided to employees not only at the time of hire but on a continuing basis. Each employee's file shall include a training plan and schedule, as well as documentation of courses and/or instruction received. Kodiak Island Borough will assist the CONTRACTOR by arranging or providing courses or workshops delivered by Municipal agencies. KIB Animal Control Contract Page 9 of 16 Section 17. Public Education. The CONTRACTOR will engage in an active program providing animal control information to the community in the interest of public awareness about animal control issues. When requested by Kodiak Island Borough, the CONTRACTOR shall assign appropriate personnel to perform the following tasks: address school classes and community groups about pet care and animal issues; design and man displays at health fairs, dog shows, and similar public function; conduct tours of the animal control center and complete one-time promotion projects such as "adopt a dog" month. Section 18. Contract Administration and Management. A. The Chief Animal Control Officer shall administer this contract on behalf of KIB. B. BORGEMAN/RUSSELL shall administer this contract on behalf of the CONTRACTOR. C. The CONTRACTOR is responsible to supervise all operations; carry out all personnel functions, including hiring, disciplining, and firing; manage all expenditures; develop and implement enforcement, animal care, and other operating procedures and standards; and control the purchase and inventory of operating supplies and equipment. The CONTRACTOR shall work directly with the Chief Animal Control Officer to conduct program and policy planning, ordinance revisions, implementation of new program components, and similar functions. Section 19. Notices. Any notice required pertaining to the subject of this contract shall be personally delivered or mailed by prepaid first class registered or certified mail, return receipt requested, to the following addresses: Kodiak Island Borough Mayor 710 Mill Bay Road Kodiak, Alaska 99615 CONTRACTOR KIB Animal Control Contract Page 10 of 16 a Section 20. Records and Reports. A. Records on File. On approved forms the CONTRACTOR will keep complete year-to-date records and/or files of all: Complaints and responses; Telephone logs; Citations issued; Investigation reports; Animal bite cases; Animal intake and history at the shelter; Dispositions, including adoption, redemptions, euthanasia; Spay and neuter documentation; Medical treatment administered; Licenses issued; Rabies vaccination certificates; Fees collected and deposited; Correspondence with the Department of Health and Human Services; and Personnel records, including applications and performance reports. B. Reports. In accordance with the format required by the Chief Animal Control Officer, the CONTRACTOR shall provide monthly, including year-to-date, reports of the number of characteristics for at least these items: Animal control phone calls received; Complaint responses; Citations; Bites; Animals taken in by category (cat, dog, live, etc.); Disposition by category and animal species; Licenses issued; Rabies certificates collected; Fees by category; Patrol miles driven; Veterinarian services; Active personnel; and Animals impounded while engaged active monthly patrol. C. Monthly reports shall be provided by the fifth day after the end of the month. KIB Animal Control Contract Page 11 of 16 Section 21. Inspection and Retention of Records. The CONTRACTOR shall maintain an accounting and documentation of expenditures and shall allow Kodiak Island Borough to examine such records as well as any of the contractors records with respect to animal control matters at all times during normal business hours and as often as Kodiak Island Borough may deem necessary, including the period after the termination of this contract. The CONTRACTOR shall permit Kodiak Island Borough to audit, examine, and make copies and/or excerpts or transcripts from such records and to audit all invoices, materials, payrolls, records or personnel, and other data relating to any matter covered by this contract. The CONTRACTOR shall maintain all of its records pertaining to this contract for a period of not less than four years after termination of this contract. Section 22. Right of Entry. Kodiak Island Borough, without advance notice, shall have the right to enter the Animal Control Center at any time in order to inspect the premises and observe the performance of the CONTRACTOR. Section 23. Budget and Reimbursement of Expenses. A. Upon condition of satisfactory performance in all respects by the CONTRACTOR and subject to the remainder of this section, KIB shall pay the CONTRACTOR a sum not to exceed FOURTY EIGHT THOUSAND FIVE HUNDRED DOLLARS ($48,500.00) per year for services rendered in accordance with this contract. The compensation shall be paid in equal monthly installments. B. The CONTRACTOR shall submit a monthly request for payment. KIB will pay he CONTRACTOR monthly within fourteen days of receipt of the monthly request. C. The CONTRACTOR shall bi-monthly submit to KIB a list of personnel employed showing name, position, year-to-date gross salary and current actual wage. D. The items specified in Paragraphs C and D of this section will be due by the fifteenth day following the end of the month. E. Unless the contract price is modified through contract amendments, the CONTRACTOR shall be entitled to no compensation under this agreement beyond the scope of KIB's express obligation under Paragraph A of this section. F. The CONTRACTOR shall institute formal procedures and safeguards for the collection, separation by type, reconciliation, and deposit of all fee monies. KIB Animal Control Contract Page 12 of 16 i 1 s A I i N n PART II GENERAL CONTRACT PROVISIONS Section 1. Termination of Contractor's Services. A. This contract may be terminated by mutual consent of the parties. B. This contract may be terminated by the Chief Animal Control Officer if he determines in his personal and subjective discretion that the CONTRACTOR's performance is unsatisfactory. Termination under this subsection is subject to the condition that the Chief Animal Control Officer must notify the CONTRACTOR of his intent to terminate, stating with reasonable specificity, the grounds therefor. This contract shall terminate if the CONTRACTOR fails to cure the default to the satisfaction of the Chief Animal Control Officer within 30 days after the date of notice. Section 2. Duties Upon Termination. A. If the CONTRACTOR's services are terminated, the KIB shall pay the CONTRACTOR the reasonable value of the services satisfactorily rendered prior to termination less any damages suffered by KIB because of the CONTRACTOR's failure to perform satisfactorily. Any finished or unfinished documents or materials prepared by the CONTRACTOR under this contract shall become the property of KIB at its option. Payment under this subsection shall not exceed ninety percent (90%) of the total compensation allowable under Section 23 of Part I. B. If the CONTRACTOR receives payments exceeding the amount to which it is entitled under subsection A of this section, he shall remit the excess to the Administrator within thirty (30) days of receiving notice to do so. C. The CONTRACTOR shall not be entitled to compensation under this section until the CONTRACTOR has delivered to the Chief Animal Control Officer all documents, records, work product(s), materials and equipment owned by KIB, related to this contract and requested by the Chief Animal Control Officer. KIB Animal Control Contract Page 13 of 16 D. If the contractors services are terminated, for whatever reason, the CONTRACTOR shall not claim any compensation under this contract, other than that allowed under this section. E. Except as provided in this section, termination of the CONTRACTOR's services under Section 1 does not affect any other right or obligation of a party under this contract. Section 3. Assignments. Unless otherwise allowed by this contract or in writing by the Chief Animal Control Officer, any assignment by the CONTRACTOR of its interest in any part of this contract or any delegation of duties under this contract shall be void, and an attempt by the CONTRACTOR to assign any part of its interest or delegate duties under this contract shall give KIB the right immediately to terminate this contract without any liability for work performed. Section 4. Relationship of Parties. The CONTRACTOR shall perform its obligations hereunder as an independent contractor. The Kodiak Island Borough may administer the contract and monitor the CONTRACTOR's compliance with its obligations hereunder. The Kodiak Island Borough shall not supervise or direct the CONTRACTOR other than as provided in this section. Section 5. Nondiscrimination. A. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, age, sex, or marital status or mental or physical handicap. The CONTRACTOR will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, sex, color, religion, or mental or physical handicap. Such action shall include, without limitation, employment, upgrading, demotion or transfer, recruitment or recruiting advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The CONTRACTOR shall state, in all solicitations or advertisements for employees to work on contract jobs, that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, age, sex or marital status, or mental or physical handicap. KIB Animal Control Contract Page 14 of 16 C. The CONTRACTOR shall include the provisions of subsections A and B of this section in every subcontract or purchase order under this contract, so as to be binding upon every such subcontractor or vendor of the CONTRACTOR under this contract. _ D. The CONTRACTOR shall comply with all applicable federal, state and municipal laws concerning the prohibition of discrimination. Section 6. Permits, Laws, and Taxes. The CONTRACTOR shall acquire and maintain in good standing all permits, licenses and other entitlements necessary to its performance under this contract. All actions taken by the CONTRACTOR under this contract shall comply with all applicable statutes, ordinances, rules and regulations. The CONTRACTOR shall pay all taxes pertaining to its performance under this contract. Section 7. Nonwaiver. The failure of either party at any time to enforce a provision of this contract shall in no way constitute a waiver of the provision, nor in any way affect the validity of this contract or any part hereof, or the right of such party thereafter to enforce each and every provision hereof. Section S. Amendment. The parties may amend this contract only by written agreement executed by the parties. Section 9. Jurisdiction; Choice of Law. Any civil action rising from this contract shall be brought and maintained in the Superior Court for the Third Judicial District of the State of Alaska at Kodiak. The law of the State of Alaska shall govern the rights and obligations of the parties under this contract. Section 10. Severability. Any provision of this contract decreed invalid by a court of competent jurisdiction shall not invalidate the remaining provisions of the contract. Section 11. Integration. This instrument and all appendices and amendments hereto embody the entire agreement of the parties. There are no promises, terms, conditions or obligations other KIB Animal Control Contract Page 15 of 16 i than those contained herein; and this contract shall supersede all previous communications, representations or agreements, either oral or written, between the parties hereto. Section 12. Liability. A. The CONTRACTOR shall indemnify, defend, save, and hold the Kodiak Island Borough harmless from any claims, lawsuits or liability, including attorney's fees and costs, allegedly arising out of loss, damage or injury to persons or property occurring during the course of or as a result of the CONTRACTOR's performance pursuant to this contract. B. Kodiak Island Borough shall save, defend, indemnify and hold the CONTRACTOR harmless from any claims, lawsuits, demands or liabilities asserted against the CONTRACTOR as a result of sole negligence on the part of the Kodiak Island Borough. Section 13. Availability of Funds. This contract is subject to the availability of funds lawfully appropriated for its performance. IN WITNESS WHEREOF, the parties have executed this contract on the date and at the place shown below. KODIAK ISLAND BOROUGH Jer6tne M. Selby, Mayor Kodiak Island Borough Date:�� ATTEST: r Boroug Jerk CONTRACTOR Date:_ 1 -l4 -9/ 1s �� YY-�`f IRS Tax Identification No: ( 1 Taxable (_) Non-taxable IS-Ietg1 Date KIB Animal Control Contract Page 16 of 16 5 1 G ROBERTSON MONAGLE & EASTAUGH APC RECEIVED 550 W. 7th Ave., Suite 1200 Anchorage AK 99501 JUL 121995 Tax ID No. 92-0055572 KODIAK ISLAND BOROUGH 710 Mill Bay Road Kodiak AK 99615 ATTN: Jerome Selby General RECEIVE© JUL 12 1995 Mayor's Office KODIAK ISLANU t3otiouUH CLERK'S OFFICE 07/10/95 ACCOUNT NO: 5014-002M $1,600.64 PREVIOUS BALANCE HOURS 05/26/95 BDG Conference call w/ Selby and Williams on NOAA facility; phone call w/ Janice Bellucci on AADC 1.50 appropriations; 06/05/95 BDG Phone call w/ J. Selby; phone calls w/ Andrew 1.20 Lundquist and Dan Sakura; 06/06/95 1.00 BDG Follow up AADC launch effort; 06/07/95 BDG Work on AADC rocket appropriations issues; phone 70 call w/ Selby on MMS amendment; (lobby) 06/08/95 BDG Phone call w/ Jeff Arnold; Follow up PILT 2.00 appropriation; (lobby) 06/09/95 - BDG Follow up AADC launch issue; follow up PILI 1.50 issue; (lobby) 06/12/95 BDG Meeting w/ Ladner; meeting w/ Staser on AADC 2.00 project; ---- 9.90 Brad D. Gilman KODIAK ISLAND BOROUGH General FOR CURRENT SERVICES RENDERED Long Distance Telephone Photocopies Telecopy Transportation TOTAL EXPENSES & ADVANCES TOTAL CURRENT WORK 06/19/95 Payment BALANCE DUE 07/10/95 ACCOUNT NO: 5014-002M HOURS 9.90 1,485.00 Lobbying Portion: 7.80 $ 63a.oD 6.0 9.550 24.42 48.32 1,533.32 -1,600.64 $1,533.32 SENT SY:Xerox Telecopier 7020 ; 7-31-95 1 10:54 7035270421+ KODIAK ISL BOROUGH;*11�Nj /}c 91 -oz 316 ANCnOMAea OFF= "`80sss'fe MI, MQMGLE A BANMUOR — 'vmaAII Oj MMx OR AWrA MXMA MMMT UVEOM AVMAM SU" UM AM *WAM AMM1A MMM Mel[: eIMB M 21 FACJWY.�e071 M70•IMI LZMDY J. L~ =MOW, J0. MW4AMT 06M DIALANIY WAMWMY KD.C.A1MDVMMUOFF= A;L MTON cKmjW WdAP MVAI M OLgWWN DOLMINAND, KM! 1010 ARWOTON, VAN" MM4 M7 PIM7NM&Pr Mp�AfA FAOMMIJ:171OI OMA01M1 ST MW,OLVe1 DAIL W, WMMLR MOM D. OLMAN API MEM NAL DOIMDMTIDM INF07MAT/01V ONLY July 30, 1995 xZXORANDUM To: The Honorable Jerome Selby The Kodiak Island Borough Assembly From: Brad Gilman Re: Washington Activities Report PILT Awropriation O01 W.1 NM�TM JLNMN,APIAM(�MNMM101 FAOMAio1�01LNWAMI RMAL AMM GUWWON OMIYIN MA."00" IOM 11M►IM11 M.6MDMW41"11.18" P.D. &W^A1111010'Me JMAM F.OLAW PALL M.IIOPR" 0. a17AMM OWLDMA TMMY LL TWOMON WAYPM D. MMM DAMML J. MOO/ MMOWOMWA1 OWMDA' "AIAAIW AMMI1MO 0 WOMNA" WMMfOMOA.AM MAM ALLOYMMASCM INALAMG We are in the midst of a significant legislative battle on the PILT appropriation. Chaired by sanntnr Gorton of Washington State, the Senate Interior Appropriations Subcommittee provided only $100,000,000 for PILT for FY96, $10,000,000 Less than the House mark. NACO initiated a drive for an amendment in full committee to get the vvHouse funding levels, and each part of the with Senator Stevens' staff) .onsible foacnator Bennett r their own aofrColorawe dorked offered the amendment, and it was defeated 15 to 13. Senator SLevene voted in favor of the amendment. NA.CO is jluw in the process of developing support for an amendment on the senate Floor. It will be close, but we believe we have the votes to bring Lhe tuading levels closer to the House number. We shouldn't lose sight of the fact, however, that even the Senate number represents d Luadinggincrease over FY95. This le result is beingrexperiencednthroof ughcuLLhe the significant deral discretionary programa. SENT BY:Xerox Telecopier 7020 Land Acquisition We did not get a specific earmark for acquisition of private inholdings within the Bear Refuge from Interior Appropriations. rundiag for inholdings acquisition was dramatically rcducod this year in the senate, and the House bill contains no earmarks for specific project -a. I am discussing with Senator Stevens' office a two -prong strategy: (1) Support the House position in the House -Senate conference for no earmarks. If no projects are specified, we stand a better chance of getting acquisition funds for Kodiak because of its priority status within the interior Department. (2) obtain assistance from the Alaska Delegation to get the Secretary f The Interior to doesncontainvalgeneric ae Lunda the may000000 for be�directeditowardngs Kodiakuisition. A administratively. of tries Magnuson AaC The House has not yet passed its version of the Magnuson lliikelyut they timeframeeis thegto firsteweekFloor backtime afterthis Laborweek. Day. more The Senate committee oraf?-have not yet put together a draft bill for markup. I have spoken to Trevor McCabe, Commerce committee staffer working for Senator Stevens, about the importance of retaining the new National standard for "fishery - dependent oommunities". He is committed to purauing the standard, however, it is clear that we are going to get some serious rcaiotance from Washington State. The Alaskan coastal communities should communicate the importance of this standard to Senator Stevens in August. rinaacial Responsibility We have been very active in the development of the legislative strategy in the Senate to amend the Oil pollution Act of 1990 to remove mdrivas and other shorebased facilities from the pollution and financial responsibility requirements imposed on ore lities- Senator Stevens has indicated tl►aL lie wants to add a provision to the Coast Guard reauthorization bill to resolve this problem. The issue unfortunately falls within the jurisdicLion of the Senate Environment Comlittee. We are working with other interested parties to obtain support from that committee for the aeprovision byxmid-September, senatorsos�tevens,dersauxt(D-IA),to SENT BY:Xerox TeleeoDier 7020 ; 7-31-95 10:59 7035270421+ KODIAK ISL. BOROU(IH;* 4 1 and mendmentInhofe onRthe)Coast Guardbilltoiresolvesupport thefor Floor problem. asp► I am continuing to monitor the Endangered species Act debate. The House of RepreseaLaLlves has proposed dramaLlo reductions in protected species funding in both the Interior and commerce appropriations bills. If the Senate agrees to these numbers and the President signs the bills, the listing and regulation of new threatened and endangered species will be dramatically curtailed. President Clinton has been sending signals that to ectionl of endangered species. l41 (-4ON7�' 9/ -D ROBERTSON MONAGLE & EASTAUG[T APC 550 W. 7th Ave., Suite 1200 Anchorage AK 99501 Tax ID No. 92-0055572 KODIAK ISLAND BOROUGH 710 Mill Bay Road ACCOUNT NO: Kodiak AK 99615 RECEIVED ATTN: Jerome Selby JAN 111995 Mayor's Office 01/09/95 5014-002M $3,186.81 EEC - : V ID PREVIOUS BALANCE JAN 12 1995 HOURS 11/29/94 BDG Work on Shuyak project; _ KGDiAK.SL,.,,, 3,-'-GuGr 1.00 CLERK'S GFFICF 12/02/94 BDG Work on Shuyak; 1.00 12/05/94 BDG Phone calls to Selby and B. Miller; ,70 12/07/94 BDG Meeting w/ Laudner on rocket project; phone calls to Stevens' staff; 2.00 12/09/94 BDG Draft status memo; phone call w/ Gibson on rocket project; 1.00 12/12/94 BDG Phone call w/ B. Williams on NOAA facility; phone call w/ J. Bellucci; 1.50 12/14/94 BDG Follow up AADC rocket launch issue; ,70 12/19/94 BDG Work on Unfunded Mandates issue; work on rocket launch issue; 1.20 12/21/94 BDG Work on rocket launch issue; .60 01/09/95 5014-002M $3,186.81 KODIAK ISLAND BOROUGH 01/09/95 ACCOUNT NO: 5014-002M HOURS 12/22/94 BDG Work on Shuyak; work on rocket launch issue; work on Unfunded Mandates; 2.30 Brad D. Gilman 12.00 12/20/94 DM Draft unfunded mendate legislation letter .75 Drew Maloney •75 FOR CURRENT SERVICES RENDERED 12.75 1,500.00 Long Distance Telephone 14.06 Telecopy 7.00 Cab Fare 10.00 Meals 50.00 TOTAL EXPENSES AND ADVANCES 81.06 TOTAL CURRENT WORK 1,581.06 12/02/94 Payment -1,530.00 12/13/94 Payment -1,656_81 TOTAL PAYMENTS -3,186.81 BALANCE DUE $1,581.06 Kodiak Island Borough CHECK REQUEST This form is to be used for APPROVED invoices NOT accompanied by copy of Purchase Order. DATE: 9 TO: Accounting Clerk Please Prepare Check Payable To: Total Amount: $ / S (?/, O �, VENDOR NO. ell Invoice Invoice Date Number Amount, Account Number l 9 9 $--LL - $ - - - S - - - OF EXPENSE: Requested By: �Mm �'L • special iastruelions. Reviewed By: Contract Clear/ No. Reduce Jerome M. Selby, Borough Mayor Authorized By: Barbara Templeton, Purchasing Agent SENT BY:XeroX Telecooier 1020 ; 8-26-94 10;19 7035270421-t KOOIAK ISL BOROUGH 3 " p(f, 9/-6 �— ROBERTSON, MONAGZdE & WA Af UGS 2300 Clarendon Boulevard, Suit* 1010 Arlington, Virginia 22201 To: August 26, 1994 Client No. $014 Phone (703) 527 4414 rax (703) 527-0421 THE INPORNATION CONTAINED IN TEIS FAC6INILE NESSAOETIE� PRIVILEGED AND CONPIDINTIAL INPORNATION INTENDED !OR OSE OP THE ADM$6311 LS/TMC RaWw AND go oN2 2Lsa. IF Y00 An NOT THE INTENDED RECIPISN: OR TO EMPLOYEE OR AGENT RESPoNSIRLm To DELIVER TRIS 1QSSA10E To TRE IS ANV WAj,,�BUT S CONTACT TRE UNDERU TTELEPEONE•ISSION aeroae M. Selby I V E C AUS; 2 61994 ,UUJAK 3LAND ,-QHOUGH CLFHK'S OFFICE Company= Kodiak Island Borough From: Bradley D. Gliaan Pax NC.t 907 486 9314 No. of Pages: 1 Nessaget I'm sorry it has talon me so long to get back to you. A conference Call your time is fins. on September 1st at 12100 noon E,W, - MnuPww"smmia001)1:74414. Y:Xerox Ieiecooier 70i0 5—''1-94 1;U7 7UJb2'/U4214 KUUTAK 10L DUnuuun s RbBERTSON, MONAGM & WI-AUGH 2300 clarandon Boulevard, Suits 1010 Phone (703) 527 4414 Arlington, Virginia 22201 Fax (703) 527-0421 May 17, 1994 NS &n I Client No. 5014 At O �[�► TEE SNFORMATION CONTAINED IN T!!I8 FACSIMILE MESSAGE If PRIVILEGED 7NPD CONFIDENTIAL INFORMRTION INTENDED POR THE USE OF TIO ADDMBS949 LISTED BELOW AND NO ONE ELSE. IF YOU ARE NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIELE TO DELIVER T218 PRRSAON TO TER INTENDED 1ECIPIENT0 PLEASE DO NOT USE TAZS TRRNSM29510N IN ANY MAY, BUT CONTACT TIM SENDER BY TELEPEONE. To: company: From: Fax No.: No. of Pages: Massages Jerome M. Selby Kodiak Island Borough Bradley D. Gilman 907 486 9374 MAY 171994 + Uuln;" i6LMINU dUHUUUt- ^,)_&W'S OFFICE 4wq pohm we W0060 . PM aY (MW PW 4474. SENT BY:Xerox Telecopier 7020 Reauthorization of the Marina Mammal protection Act Cciomeroial Risharis■ Previsions The Marine Mammal Protection Act Amendments Of 1994 were signed into public law on April 9o, 1994, one day prior to the expiration of interim commercial fisheries exemption to the moratorium on the taking of marine mammals. The following are the salient provisions of the new public law. I- "Visiatioa grants permaneat authority for fishermen to incidentally take marine mammal■ in fishing operations. The fishing industry will no longer be held hostage by a statutory deadline or sunsettinq programs. The federal government is no longer required to make OSP (optimal sustainable population) determinations as a prcursor for authorizing incidental interactions in commercial fishing operations. s. Rigbts to fish (licenses, permits, oto.) are not conditioned en eeaplyinq with marine mamnal quotas, mors has argued that each fisherman should be required to hold an MMPA permit as a condition of the right to fish, which could be revocable for marina mammal violations. The agency also argued that numerical limits (or quotas) on the number of each marine mammal stock ought to be established, the attainment of which would precipitate closure of fisheries. The type oz revocable permitting authority is not granted under the bill. 3. Membership an incidental take reduction teams Mould provide the fisting industry with direct input into development of any regulatory measures to protect strategic stocks. This provision requires NMFS to establish incidental take teams (with members from agencies, communities, fishing interests and environmental groups) for guidance on how to best deal with stocks of marine mammals that are considered "strategic„ -- a now term designed to give stocks attention before they become formally depleted, threatened, or endangered. Under existing 300A or Endangered species Act (ESA) regimes, fisherman and coastal communities have no direct role in the regulatory process (s.o., which is what happened with Stellar sea lions). The likely strategic stock for Alaska in the 1990a will be harbor seals. 4. Representation on a Pasilio Coast seer Review group would allow fishing interests to participate in development of marina mammal assessment studies and analysis of results. This provision will establish a regional scientific peer review group which would help design prudent studies, not priorities, and recommend population estimates. Currently, A 2 5-7-84 7035270421+ KODIAK iso: 9VnvuvP . SENT BY:Xerox Telecoeier 7020 -1:08 Just NMFS (arid sometimes Marine Xammal Commission) scientists set these priorities, design the studies, and analyze the results. The fishing industry, coastal communities, and Alaska Native groups should be receiving letters from NMFS in the near futurs asking for nominations. i. citizens are given new legal authority to non -lethally deter morins mammals to protect property or gear and Catch. One of the costs of the legislation, however, is a new commercialnon intentional fisherman- While shooting lin a chot angenfrom �ixistinals g law, the legal ability to intentionally shoot marine mammals would have expired along with the rest of the exemption program anyway* e. observer eoverege will be paid tar by the federal government. l does observercoverages as establish requirements levels reaommendedby NXFS. Rather, observers are reserved as a possible tool on a case -by -take basis, their use and level of coverage to be reviewed by reduction tease. Fishermen will be required to take observers if requested. Z, Log books would not longer be mandated. on thee books commendation) of an required ntalatakeeteam. Theaformat of any logbook program, if required, could be nditions ictured by n the the take team to reflect real world operating co fishing industry. a. Reductivm of fishery -induced mortality of marise mammals to be measured against population Dime (mortality rates) rather than simply against absolute numbers. The overall goal of the MMpA as amended would be to okreduce commercial fishing lethal and serious injury biologically sustainable levels and to insignificant mortality "rates". The legislation reinforces the notion that such reduction must be measured against the poIulation six* ticant morof any pparticular marine mammal stock. Thus, ins qn does not mean zero or only a tow, but rather a low perpentage of the population and a low rate of interaction. �. !. commercial fishing industry to be held rDeponsible only foe its portion et a steox,s overall mortality. In situations where other sources of human -induced mortality (e•c., tanker collisions, oil and gas exploration, ete.),are apparent, commercial fishing will only be held resporuibli to improve upon its own level of marine mammal mortality (to "feasible" levels). SENT arxerox TelecoDier 7020 ; 4-25-64 ; 10:07 MNK OF AMIMOASUILDIIG ua WW ilVIIITH AVft E, eURe 1100 MCHORAGI, ALASKA 11107 PHONE: (107)177411 FACONAM (1011 SRMe/ 69FA7Y J. WHKMH L.G. on" •1AROID I! WOW, A, A" D. DOOKMON NIAROARROGDSNOUL ANTY WASSIXIMMIN, aC. AM VmGlM" DVWM ARUMV.ON000RTIOUQ PLAZA 1 7]00 CLAPMM BOULEVARD. WITS 1010 A7LMOTON. VIRGINIA 3=14W PNONC (FM OV -4414 FACORAI& 170E W4411 ^ MICHAEL T. THOMAS • STEVEN W. ILVIR • OARL W, WI • LRAM& D. OILMAN • AM T. MORGAN, JR. 70352704214 KODIAK ISL. SOROUQH;# 2 ROBMTSON, MONAALE a EAsTAZTGB - 1T7MkAl1 O1slCt1 0 m r O t A V D LA To: Jack Macfarland From: Brad Gilman as: List of Last Week's Meetings par your request, attached is a mailing list for the people we Mgt with last reek. Z have also included brief reminders of the topics discussed. Congressman Don Young 2331 Rayburn House office Building Washington, D.C. 20510 Spoke with Don about ferries and need to protect small boat fishermen. Rod Moors, Minority counsel Rouse Fish Management Subcommittss an 540, Ford House Annex I1 Bldg- rashington, D.C. 20916 Rad attended the meeting with Don. He has been invaluable in moving the MWA bill through the House. penny Dalton, Majority Staff senate Commerce Committee 427 hart BOB Washington, D.C. 20510 spoke to penny about 1rQs and the need to protect small boat tishaggreermen if Her comment C Ess was is rCo t take action fishermenhon 1701111d tob on mthe Magnuson Act reauthorization. 0 Lt NIIRRET A OMMU04AL CANPORATION got W. 101 W. tCrNWn A1.7oo•7g11 AT TAW 100 AUNFAU, ALAIKA1M01 ROM (907) 404M f'� I(�:11aa1te L j—,,, ty/ �, ROYAL MCHGUNNISON(tONHp R.I. R061A771oN (leM;+a+) M.G. MON10L1(III We) F.C. iMTAUGHI711Y1=) MAY 0 41994 JAMES F. CLARK PALM. NOFPM41 nUL)!AK ISLAND 80HOUGH.. ° Wwi"P.eua° LAO ' CLERK'S OFFICEMARY A. NOROu1 TERRY L. THURBON WAVNE D. HAWN DAMRLA NOW April 26, 1094 AnVmle luwAx.N.roxO.e ""DAL= AWAM N VMIMA, - wNNlNeIeN, 0A. Axp ANVYw AOM WIN VIMMe- ML "N 0 m r O t A V D LA To: Jack Macfarland From: Brad Gilman as: List of Last Week's Meetings par your request, attached is a mailing list for the people we Mgt with last reek. Z have also included brief reminders of the topics discussed. Congressman Don Young 2331 Rayburn House office Building Washington, D.C. 20510 Spoke with Don about ferries and need to protect small boat fishermen. Rod Moors, Minority counsel Rouse Fish Management Subcommittss an 540, Ford House Annex I1 Bldg- rashington, D.C. 20916 Rad attended the meeting with Don. He has been invaluable in moving the MWA bill through the House. penny Dalton, Majority Staff senate Commerce Committee 427 hart BOB Washington, D.C. 20510 spoke to penny about 1rQs and the need to protect small boat tishaggreermen if Her comment C Ess was is rCo t take action fishermenhon 1701111d tob on mthe Magnuson Act reauthorization. 0 SENT BY:Xerox Telecopier 7020 ; 4-25-84 ; 10:08 John Horan and 'Trevor McCabe Minority staff senate commerce Committee 554 Dirksen 202 Washington, D.C. 20510 70352704214 KODIAK ISL, BOROUGH N 3 Soke to them about IFQs and the need to protect small boat fisherman 0 Trevor is from Seward, and is concerned about the impacts of IFQs on this float. Anne Hianc, Minority eta!! senate Transportation Appropriations subcommittee 123 Hart soy Washington, D.C. 20510 Spoke with her about the need to appropriate funds for the new tarry. Ann advised that it vas possible to honor senator Stevens' request it the funding payments were spread out. Andrew Lundquist, Leg. Asst. senator Ted Stevens 522 Senate Hart Bldg. Washington, D.C. 2 510 Andrew accompanied us to as* Ann. and has recommended that Stevens He is handling the ferry issue, pursue the funding. Bill price and Greg Lambert Majority staff House Fish Management subcommittee 334 House lord Building (House Annex II) Washington, D.O. 20315 we spoke with them about need to protect small boat diversified fleet. Greg was the one who was arguing that the whole purpose Of ilps was to get rid of fishermen. Bill price was more sympathstio, having worked at NHFS for many years. John Rata and Hark Dinneen ofliae of the state of Alaska 444 N Capitol street, Suite 336 Washington, D.C. 20001 we spoke with them about our effort to obtain money for the ferries. John wanted to proms for most of the funding, while Mark was more realistic and agreed we should pursue the funding in stages. Senator Stevens 592 Hart 005 Washington, D.C. 20510 Stevens committed to us to try and gat money for the ferries. He also stated that there probably wasn't enough money to fund the IFQ program and that he felt that the Congress would not impose a system of lees (he may be wrong in this assessment). SENT BY:Xerox TeleCOeier 7020 ; 4-26-84 10:08 ; 7035270421+ NODIAH ISL BOROUGH $ 4 Julia Huntemann Office of Senator Murkowski 709 Hart 808 Washington, D.C. 70510 we gave her a general briefing on the breakwater project and our effort on the ferry money. You also briefly explained the support for IDA. Murkowski was out of the office with allergies. Rollie schmitten and Dave Crestin National Marine Fisheries Service 1335 East -Wast Highway 9th Floor Silver Spring, Maryland 70910 Rollie indicated he would like to come to Kodiak this year. He appeared sympathetic to the need to provide protection to small boat fisherman. Dave is one of the chief policy people supporting IFQs, however, he too recognizes the need to accommodate the small boat diversified fleet. He is searching for answers that would work on both the Nest and East Coasts. J p 9l-oa ADDENDUM TO REAL ESTATE CONTRACT WHEREAS, the KODIAK ISLAND BOROUGH, of 710 Upper Mill Bay Road, Kodiak, Alaska 99615, as "Buyer", and RUSSELL WELBORN, of P.O. Box 634, Kodiak, Alaska 99615, as "Seller", entered into a contract for the sale of certain real property within the Miller Point Alaska Subdivision, First Addition, located in the Kodiak Recording District in March of 1991, hereinafter referred to as the "Contract"; and WHEREAS, the contract provided that the Seller may use the property for the purpose of gravel extraction until December 31, 1991 and that the Buyer was granted an option to extend the gravel extraction operations for a term of one year; and WHEREAS, the parties now desire to extend the gravel extraction operations for an additional year; NOW, THEREFORE, the parties agree that the Seller may use the property for the purposes of gravel extraction for an additional year until March �T 1994, in compliance with all of the terms and conditions set forth in 1 5 of the contract of March, 1991. SELLER: Dated: Russell Welborn BUYER: KODIAK ISLAND BOROUGH Dated: � l3 By: n'7- " J ome Selby, Mayo ATTEST: �D7'YY�Oc r> .f71�'►f` Donna Smith, Borough Clerk 6702\132D.101 .455 XE3 q2-69 .GAMIN, EBELL, BOLGER & GENTRY A PROFESSIONAL CORPORATION MATTHEW O. JAMIN C. WALTER ESELL* JOEL M. 60LGER• DIANNA R. GENTRY ALAN L. SCHMITT WALTER W. MASON' DUNCAN S. FIELDS MICHAEL ARAUJO u O w[M AOHIii[O 10 VIA Hl1ND Dffi2IV� [��',V✓� L. Ben Hax 00�c §(I. Attorney ate' Law P. 0. Box 481 Kodiak, AK 99615 ATTORNEYS AT LAW 323 CAROLYN STREET KODIAK, ALASKA 99613 FACSIMILE: (909) 466.6112 TELEPHONE: (907) .86-6024 REPLY TO KODIAK OFFICE April 26, 1991 SEATTLE OFFICE: 300 MUTUAL LIFE [UILDING 603 nRST Av[Nu[ s CATTLE, WASHINGTON 0610. r.CSIMILE: (206) 623 7521 T ELC PHONE: 12061 622963. Re: Kodiak island Borough/Purchase of Welborn Property Our File No. 4702-132 Dear Ben: Please accept this letter of explanation with respect to the real estate contract executed by Russell Welborn on March 2, 1991. Permits. We acknowledge that after the closing, an application for a rezoning, permit, exception, or variance with respect to the gravel extraction described in paragraph 5(a) of the real estate contract, may have to be undertaken in the name of the Kodiak Island Borough. Mr. Cassidy confirms that the Resource Management Office will cooperate in the prosecution of such an application in order to authorize the gravel extraction. Insurance. Paragraph 5(c) requires Mr. Welborn to maintain certain liability insurance during gravel extraction. We acknowledge that this provision may be satisfied if the contractors and subcontractors on the project each carry insurance which will protect the Borough from liability as described. Performance Bond. Mr. Cassidy confirms that the Borough is willing to waive the provisions of paragraph 5(d) which would require a performance bond and payment bond, recognizing that this requirement is unnecessary in view of Mr. Welborn's promise of indemnification contained in paragraph 5(b). Do'not hesitate to contact me if you have any questions. Sincerely yours, JAnMI(N, EBELL, BOLGERd �&%j GENTRY Joel H. Bolger (J L. Ben Hancock, Esq. April 26, 1991 Page 2 of 2 JHB:dlm cc: Mr. Mana"nene offer Honorable Jerome Selby, Mayor Mr. Jack McFarland, Presiding Officer Kodiak island Borough Assembly 6702\132L.003 ITEM NO. 12.B.1. Kodiak Island Borough AGENDA STATEMENT Meeting of: March 18, 1993 Resolution No. 93-09 ITEM TITLE: A RESOLUTION AUTHORIZING AN ADDENDUM TO AN EXISTING CONTRACT FOR SALE ALLOWING FOR THE CONTINUATION OF GRAVEL EXTRACTION ACTIVITIES AT THE PROPOSED NORTH STAR ELEMENTARY SCHOOL SITE. SUMMARY STATEMENT The Borough has purchased various lots from Mr. Welborn. These parcels are the future location of the proposed North Star Elementary School. The Contract for Sale allowed the previous landowner or his contractors to remove rock from this site for a certain time period. The time period has expired. This addendum will authorize the extension of rock extraction activities for a period of one (1) year from the date of the approval of this addendum. FISCAL NOTES [X] N/A Expenditure Amount Required 0 Budgeted 0 APPROVAL FOR AGENDA: Mayor � RECOMMENDED ACTION: move to adopt Resolution No. 93-09. U yl- G -A CONTRACT FOR SALE OF REAL PROPERTY AND RECEIPT FOR EARNEST MONEY THIS AGREEMENT, made and entered into the day and year hereinafter last written, by and between KODIAK ISLAND BOROUGH, of 710 Upper Mill Bay Road, Kodiak, Alaska, 99615, ("Buyer"), and RUSSELL WELBORN, of P. 0. Box 634, Kodiak, Alaska 99615, ("Seller"). This contract is subject to the approval of the Kodiak Island Borough Assembly. W I T N E S S E T H: 1. Sale. The Seller agrees to sell to Buyer and Buyer agrees to buy from Seller that certain parcel of land, with the buildings and improvements on it, ("Property"), and more particularly described as follows: PARCEL NO. 1• LOT ONE (1), BLOCK SIX (6), MILLER POINT ALASKA SUBDIVISION, according to Plat 67-31 located in the Kodiak Recording District, Third Judicial District, State of Alaska. PARCEL NO. 2• LOT TWO "A" (2A), BLOCK SIX (6), MILLER POINT ALASKA SUBDIVISION, according to Plat 87-21, located in the Kodiak Recording District, Third Judicial District, State of Alaska. PARCEL NO. 3: LOT ONE "A" (LA), BLOCK TEN (10), MILLER POINT ALASKA SUBDIVISION, FIRST ADDITION, according to Plat 87-21, located in the Kodiak Recording District, Third Judicial District, State of Alaska. PARCEL NO. 4: LOT TWO (2), BLOCK TEN (10), MILLER POINT ALASKA SUBDIVISION, FIRST ADDITION, according to Plat 67-9, located in the Kodiak Recording j� /tom .3 �� District, Third Judicial District, State of Alaska. 2. Purchase Price. The Buyer agrees to pay for the property the sum of ONE HUNDRED NINETY ONE THOUSAND AND N01100 DOLLARS ($191,000.00) as follows: (a) FIVE THOUSAND AND N01100 DOLLARS ($5,000.00) as earnest money upon the approval of the Kodiak Island Borough Assembly and the execution of this contract by both parties, by check subject to collections; (b) At closing, the sum of ONE HUNDRED EIGHTY SIX THOUSAND AND N01100 DOLLARS ($186,000.00) by check subject to collection. 3. Exceptions to Title. The Premises are sold and are now to be conveyed subject to: (a) reservations, restrictions and easements of record; (b) applicable zoning regulations and ordinances; and, (c) real property taxes and assessments for the year in which the closing takes place. 4. Apportionments. The following items are to be apportioned as of the date of closing: (a) real property taxes for the year in which the closing takes place; (b) premiums on any policies of insurance accepted by Buyer from Seller; (c) rents, if such property is occupied by tenants at the date of the closing; and, (d) water and sewer charges. 5. Gravel Extraction. Seller may use the property for the purposes of gravel extraction until December 31, 1991, in compliance with the development plan attached hereto as Exhibit "A". (a) Seller shall obtain all permits prior to extraction and comply with all applicable laws and ordinances. All gravel, brush, trees and overburden extracted shall be removed from the premises unless otherwise directed by the Mayor of the Kodiak Island Borough or his designee. Seller may not remove gravel in excess of the amount allowed in the development plan. Seller may not remove trees, brush, overburden or gravel outside the area authorized in the development plan. Seller shall maintain a buffer area and side slopes as required in the development plan. Compliance with the development plan shall be to the personal satisfaction of the Mayor or his designee. SELLER MAY NOT USE THE PROPERTY FOR THE PURPOSE OF GRAVEL EXTRACTION UNTIL HE RECEIVES A REZONING OF THE PROPERTY TO PUBLIC USE LANDS DISTRICT CLASSIFICATION, OR UNTIL HE RECEIVES ANY VARIANCE, EXCEPTION OR PERMIT FROM THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION, NECESSARY TO ALLOW GRAVEL EXTRACTION ON THE PREMISES. THE BUYER AGREES TO COOPERATE WITH THE SELLER IN PURSUING AN ra v � PaMPseram OCINT or IaMr .1 Paque 3 of 10 APPLICATION FOR REZONING OR ANY NECESSARY APPLICATION FOR AN I EXCEPTION, VARIANCE, OR PERMIT. (b) The Seller shall forever protect, save and keep the Buyer, its agents, officers and employees, harmless and indemnify them against and from any and all claims, demands, losses, costs, damages, suits, judgments, penalties, expenses, and liabilities of any kind or nature whatsoever arising directly or indirectly out of or in connection with the gravel extraction permitted under this paragraph. (c) The Seller shall take out and maintain during the period of gravel extraction on the premises, public liability insurance for bodily injury and property damage liability, including without limitation, coverage for explosion, blasting collapse, and destruction of underground utilities and contingent liability, including products and complete operations in blanket contractual liability, as shall protect him and the Buyer. The Seller shall have the Buyer specifically added as an additional named insured in said policies all at no cost to the Buyer. The above insurance shall cover the Buyer and the Seller for claims or damages for bodily injury, including wrongful death, as well as other claims for property damage which may arise from operations under this paragraph whether such operations be by the Buyer or by any subcontractor or anyone directly employed by either of them. The aforementioned bodily injury and property damage liability insurance shall be in an amount of not less than $1,000,000.00 combined single limit per occurrence. ccenaci a: sum v mars. r M jj P�01 10 C0 -rl (d) Prior to beginning gravel extraction operations under this contract, the Seller shall furnish the Buyer with a performance bond and a payment bond in an amount acceptable to the Buyer, conditioned upon the performance by the Seller of all undertakings, covenants, terms, conditions, and agreements of this paragraph and the development plan attached and upon the prompt payment by the Seller to all persons supplying labor, materials, equipment and services in the prosecution of the work provided herein. Such bond shall be executed by the Seller and a corporate bonding company licensed to transact business in this state. The expense of these bonds shall be born by the Seller. (e) The Buyer is hereby granted an option to extend the gravel extraction operations allowed under this paragraph for an additional term of one year, and all the terms, covenants, and provisions of this contract shall apply to such extended term. if the Buyer shall elect to exercise the aforesaid option, it shall do so by giving to the Seller notice in writing of its intention to do so not later than December 1, 1991. 6. Title. Within ten (10) days from the date this contract is signed, Seller, at his expense, shall deliver to Buyer a Preliminary Commitment for Title Insurance issued by a title insurance company acceptable to Buyer or his attorney, showing that the title of the Seller is good and marketable excepting only the items specified in Paragraph 3 hereof. If there are defects in the title, the Buyer shall notify the Seller in writing within fifteen (15) days after receipt of the Preliminary Commitment for Title ao�nacz ma v mi ram: P-91 of To Insurance, and the Seller, in good faith and with due diligence, shall proceed to cure such defects. 7. Risk of Loss. The risk of loss or damage to such property, until the delivery of the deed, is assumed by the Seller. 8. Possession. Possession of the Premises shall be delivered to the Buyer upon delivery of the deed. Time is of the essence of this contract. 9. Indemnification. The Seller shall forever protect, save and keep the Buyer, its agents, officers and employees, harmless and indemnify them against and from any and all claims, demands, losses, costs, damages, suits, judgments, penalties, expenses, and liabilities of any kind or nature whatsoever arising directly or indirectly out of or in connection with the discharge of oil or any other hazardous substance upon the property, or in connection with the violation of any state or federal statutes or regulations relating to environmental pollution or hazardous substance release occurring on or before the date of delivery of the deed as set forth herein. 10. Assessments. All assessments for local improvements now liens or which may become liens prior to the closing, shall be paid by the Seller. 11. Expenses. All costs of this transaction shall be divided equally between Buyer and Seller. 12. Deed. The deed shall be a warranty deed in statutory form, proper for recording, and shall be duly executed COMMA= !Q eau or N PMOMMM m W Page o and acknowledged so as to convey to the Buyer the fee simple of the premises, free of all encumbrances except as herein stated. 13. pate and Place of Closing. The deed shall be delivered upon receipt of the payment of the purchase price as herein provided at the offices of Western Alaska Land Title Company, at P. 0. Box 864, Kodiak, Alaska, at a time set by mutual agreement of the parties not later than ten (10) days after the attorney for buyer approves title; and Seller shall promptly thereafter provide a policy of title insurance with no exceptions other than listed herein. 14. Default by Seller. In the event the Seller is unable to convey title in accordance with the terms of this contract, the Seller shall refund to the Buyer the earnest money and any other funds paid on account of the purchase price, and shall pay all costs incurred in preparing and securing Preliminary Commitment for Title Insurance and all legal fees. Upon such refund and payment being made, this contract shall be considered canceled. This provision does not relieve the Seller from his obligation to protect the title from the encumbrances referenced above and to convey the title if the state of the title is acceptable to the Buyer. 15. Default by Buyer. In the event the Buyer defaults hereunder, any monies paid under this contract shall be retained as liquidated damages; and in such event neither party shall be further liable to the other and this contract shall be deemed null, void and of no force and effect. 16. Surviving Covenants. No provision of this contract survives the delivery of the deed except as expressly provided. Acceptance of the deed shall be an acceptance of performance of all of the obligations of the Seller hereunder except such as may be expressly stated to survive the delivery of the deed. 17. Notice. All notices, payments or deliveries to be made under this contract shall be effectively made if delivered to either party in person or sent by certified or registered mail with charges prepaid to the Seller or to the Buyer at the respective address set opposite each signature of this agreement, or to such other address as either party from time to time may furnish in writing to the other party. 18. Binding Effect. This contract shall extend to and be binding upon the heirs, administrators, executors, successors and assigns of the respective parties hereto. 19. Representation by Attorney. Seller expressly understands and acknowledges that the law firm of Jamin, Ebell, Bolger 8 Gentry, selected by Buyer to draft this agreement and advise Buyer in regard to this transaction, exclusively represents Buyer and Buyer's interests. Seller further acknowledges that he has been advised to seek independent assistance of counsel regarding this transaction, and, by executing this agreement, Seller acknowledges that he has either sought independent assistance of counsel or has elected to proceed with this transaction without independent assistance of counsel. 20. Entire Agreement. This contract constitutes the entire agreement between the parties. 21. Construction. This agreement shall be construed and enforced in accordance with the laws of the state of Alaska. All parties have had the opportunity to consult with their attorneys. Accordingly, the rule of construction that a document is construed most strictly against the drafter of the document shall not apply in construction nor interpretation of this agreement. IN WITNESS WHEREOF, this contract has been signed, sealed APPr,I � and delivered this I10�` day of lfaeeit, 1991. ADDRESS 710 Upper Mill Bay Road Kodiak, AK 99615 ATTEST: ADDRESS P. 0. 634 Kodiak, Alaska 99615 BUYER: KODIAK ISLAND BOROUGH By: J ome Selby, 1 SELLER: Russell Welborn STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) Ar IL THIS IS TO CERTIFY that on the 1�` of dflreh, 1991, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared JEROME SELBY, to me known and known to me to be the identical individual described in and who executed the within and foregoing instrument as Mayor of the Kodiak Island Borough and he acknowledged to me that he signed the same in the name of and for and on behalf of said municipality freely and voluntarily and by authority of its Assembly for the uses and purposes therein mentioned. GIVEN UNDER MY HAND and official seal the day and year last above written. Not4aryLAiblic f Alaska My Commission Expires: � o STATE OF ALASKA )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the ?= day of March, 1991, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared RUSSELL WELBORN, to me known and known to me to be the identical individual described in and who executed the within and foregoing instrument and he acknowledged to me that he signed the same freely and voluntarily as a free and voluntary act, with full knowledge of its contents, for the uses and purposes therein mentioned. GIVEN UNDER MY HAND and official seal the day and year last above written. Not is in andAor Alaska My Commission Expires _ 4702\132D.001 sem___ A -L MATTHEW D. JAMIN C. WALTER EDELL* JOEL H. BOLGER• DIANNA R. GENTRY ALAN L. SCHMITT WALTER W. MASON' DUNCAN S. FIELDS MICHAEL ARAUJO ATTm TO ALASKA ..IP......TPN PARE ALL OTHEPS AOnnnP TO AL ... A A. L. Ben Hancock, Esq. Attorney at Law 506 Marine Way, Suite 2 P. O. Boa 481 Kodiak, AK 99615 JAMIN, EBELL, BOLGER & GENTRY A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 323 CAROLYN STREET KODIAK, ALASKA 99615 FACSIMILE: (907) 486'6112 TELEPHONE: (907) 4866024 REPLY TO KODIAK OFFICE SEATTLE OFFICE: 300 MUTUAL LIFE SU1LOING 60S FINST AVENUE SEATTLE. WASHINGTON new• FACSIMILE: (206) 623-7321 TELEPHONE: (2061622.163• June 12, 1991 rI RECEIVED 1 4 91 KODIAK ISLAND BOROUGH CLERK'S OFFICE Re: Kodiak Island Borough/Purchase of Welborn Property Our File Na 4702-132 I received a copy of your letter to Jerome Selby. I wanted to point out to you that the option to eztend the contract for e:traction of gravel is held by the Kodiak Island Borough. I have no authority to take any position, concerning the exercise of that option at this time, but I wanted to allow you the chance: to take a look at the contract to see if you agree with this interpretation. Fed free to call if you have any questions. Sincerely yours, JAMIN, EBEL1. , BOLGER & GENTRY Joel H. Bolger ca Mr. Bud Cassidy, Resource Management Officer Honorable Jerome Selby, Mayor Mr. Jack h1CFWb14 Praidie Obese Kodiak Island Borough Assembly 4702\332L.004 D 9i—o.k ,qe4ze 6r ATTORNEY AT LAW 506 MARINE WAY BRECHAN BLDG., SUITE 2 P.O. BOX 481 KODIAK, ALASKA 99615 (907) 486-5769 Kodiak island Borough Jerome Selby, Mayor_ 710 Mill Bay Rd. Kodiak, AK. 99615 Re: Kodiak Island Borough/Purchase of Welborn Property Dear Mr. Selby; Mr. Welborn would like to exercise the right to extend his contract to extract gravel for a period of one year, as per the contract executed on March 2, 1991. If you have any questions, please don't hesitate to contact my office. With Best Regards, L. Ben Hancock Attorney for Russell Welborn cc. Jamin, Ebell, Bolger & Gentry/Joel Bolger Mr. Jack McFarland, Presiding Officer, Kodiak Island Borough Assembly Mr. Bud Cassidy, Resource Management Officer