2024-02-28 Joint Work Session with City CouncilKodiak Island Borough Assembly And City Council Joint Work Session Agenda Wednesday, February 28, 2024 City of Kodiak Library Multi -Purpose Room 6:30 p.m. City Chairing Subscribe here to be notified when agenda packets are published. Joint work sessions are informal meetings of the Borough Assembly and City Council where elected officials discuss issues that affect both Borough and City governments and residents. Although additional items not listed on the joint work session agenda are sometimes discussed when introduced by elected officials, staff, or members of the public, no formal action is taken at joint work sessions and items that require formal action are placed on a regular Borough Assembly and/or City Council meeting agenda. Public comments at work sessions are NOT considered part of the official record. Public comments intended for the "official record" should be made at a regular Borough Assembly or City Council meeting. AGENDA A. February 28 Joint Work Session Meeting packets are available online. This meeting is open to the public and will be broadcast on the City of Kodiak's YouTube Channel. Please subscribe to get meeting notifications when meeting packets are published. For public comments, please call (907) 486-8610. Page 1 of 1 City of Kodiak and Kodiak Island Borough Joint Work Session Agenda Wednesday, February 28, 2024, 6:30 PM Kodiak Public Library Multi -Purpose Room Kodiak, Alaska Joint work sessions are informal meetings of the Borough Assembly and City Council where elected officials discuss issues that affect both Borough and City governments and residents. Although additional items not listed on the joint work session agenda are sometimes discussed when introduced by elected officials, staff, or members of the public, no formal action is taken at joint work sessions and items that require formal action are placed on a regular Borough Assembly and/or City Council meeting agenda. Public comments at work sessions are NOT considered part of the official record. Public comments intended for the "official record" should be made at a regular Borough Assembly or City Council meeting. Page PUBLIC COMMENTS (Limited to 3 minutes per speaker; please call 486-8610.) II. AGENDA ITEMS a. Joint Agreement for the Use and Operation of City of Kodiak, Kodiak Island Borough, 2 - 7 and Kodiak Island Borough School District Facilities City, KIB, KIBSD Joint Use of Facilities Agreement Eff. FY2018-2021, Loc. Manager b. Dispatch Services / Mutual Aid 8-16 20240209 Memo from Chief Putney re Dispatch Services KIB Bayside Fire _ Rescue Mutual Aid Agreement Eff. 2019 KIB Womens Bay Fire Rescue Mutual Aid Eff. 2019 Memorandum of Agreement for E911 20240221 E911 Surcharge Information from Manager's Office KIB and City MOA for E-911 and Maintenence Eff. 2018-2021 17-20 d. Emergency Services Council 21 -22 KCC 2.32.030 KIB Code 2.110.030 Page 1 of 22 AGENDA ITEM #11.a. City of Kodiak ' **¢ s Kodiak Island Borough p A2, 710 Mill Bay Road _ °# ;, 710 Mill Bay Road, Kodiak, AK 99615 a Kodiak, AK 99615 Kodiak Island Borough School District P ALASKA 722 Mill Bay Road, Kodiak, AK 99165 JOINT AGREEMENT FOR THE USE AND OPERATION OF CITY OF KODIAK, KODIAK ISLAND BOROUGH AND KODIAK ISLAND BOROUGH SCHOOL DISTRICT FACILITIES Between CITY of KODIAK, KODIAK ISLAND BOROUGH and KODIAK ISLAND BOROUGH SCHOOL DISTRICT This Agreement entered into this 1st day of September 2018, by and between the CITY OF KODIAK, hereinafter referred to as the "City," the KODIAK ISLAND BOROUGH, hereinafter referred to as the "Borough," and the KODIAK ISLAND BOROUGH SCHOOL DISTRICT, hereinafter referred to as the "District." PREAMBLE Since the completion of Baranof Park in 1973, the Kodiak Island Borough (Borough), the City of Kodiak (City), and the Kodiak Island Borough School District (District) have pooled their resources to meet continuous youth and community demands for developmental and recreational opportunities. The Borough, City and District have cooperated in planning and jointly using their separately owned facilities and grounds for the benefit of students, community members and visitors. The Borough/City/District partnership has effectively maximized the use of their respective facilities to meet community and student needs, beyond what each could do alone. In addition to creating more opportunities for their respective constituent groups, sharing facilities has led to greater efficiencies in cost and operations. The Borough, City and District acknowledge the value of their collaboration and seek to extend their working relationship. In order to maximize the use of their facilities for the benefit of the community, the three parties will continue to provide priority access to each other, continue to equitably share their resources, and continue to give priority to programs that benefit Kodiak youth and the community as a whole. Additionally, the Borough, City and District believe that they can best accomplish their objectives and, at the same time, encourage other community-based recreational activities by forming a cooperative partnership involving the Borough, City, District, and the community. All three parties support the goal of increasing community access and use of Borough, City and District facilities and grounds. Now, Therefore, in consideration of the foregoing, the parties agree as follows: VISION STATEMENT: All public facilities and grounds, owned by the Borough, City and District, shall benefit and be available to Kodiak children, adults, and families to the maximum extent possible. The Borough, City and District have mutual interests in helping young people learn and develop recreation skills and in providing opportunities for people of all ages to participate in recreation actMties. It is incumbent upon the Borough, City and District to develop a unified approach to serving the community's City of Kodiak, Kodiak Island Borough, and 1 Kodiak Island Borough School District Joint Agreemectofutll4p,4Jeenar d6Qpuration of City of Kodiak, Kodiak Isla... Page 2 of 22 AGENDA ITEM #ll.a. recreation needs and to cooperatively maintain Borough, City and Mstrict facoiities and grounds in order to foster community learning and vitality. I. PURPOSE OF THE AGREEMENT: This Agreement is intended to enhance and not interfere with the primary mission of Borough, City and District governance. In establishing this Agreement the Borough, City and District seek to: A. Effectively and efficiently manage the use of Borough, City and District facilities and grounds for the benefit of Kodiak's youth and citizens; B. Encourage joint use of their respective facilities and grounds and give priority usage, after the owning agency's programming and/or on-going community obligations are met, to the requests submitted by the other party C. Provide facilities and grounds usable for Borough, City and District programs; D. Establish procedures to encourage cooperative working relationships between Borough, City and District personnel at all levels and to quickly resolve issues; E. Encourage joint and cooperative ventures, including facility maintenance and development. H. TERMS: This Agreement shall be effective for a term of 36 months. The Agreement commencing on September L 2018 and ending August 31, 2021. The agreement may continue as a month to month agreement by written consent by all parties. The agreement may be terminated by any of the three parties with 30 days' written notice. III. PROGRAM: Borough, City and District program and facility offerings should be complementary and supportive and not competitive in nature. Joint planning, reporting and evaluation are necessary to achieve this end. IV. FACILITIES: District facilities subject to this Agreement, include the pool, gyms (high school, middle school, Main Elementary, East Elementary and North Star), locker rooms, and specifically designated classrooms and other areas together with a limited amount of office and storage space. Borough facilities, subject to this Agreement, include the two fields at Woody Way, the Dark Lake Field, East Elementary Field and Coon Field. City facilities, subject to this Agreement, include the Baranof Park track, football field, baseball field and ice rink, East Addition Park softball field, Teen Center and other City parks and recreation facilities. V. ISSUANCE OF FACILITY KEYS: Keys shall be issued, or other means of access provided, for curriculum/program events and activities approved under this Agreement. Issuance of keys to agency personnel for use of another agency's facilities shall be limited to those necessary to implement this Agreement. All agencies agree to not duplicate keys issued by another agency. VI. TIME PERIODS FOR SPECIFIC NEGOTIATED USE: A. Monday - Friday during the period of the regular school year, 7:30 a.m. - 5:30 p.m.; B. Monday - Friday during the period of the regular school year, 5:30 p.m. - 7:30 a.m.; C. Weekends, September through May, including extended school closures such as Thanksgiving, Winter Break, and Spring Break.; D. Summer, June I" — September I". City of Kodiak, Kodiak Island Borough, and 2 Kodiak Island Borough Sch of Distript Joint Agreemeptgdtet sg ,w 8Qgeration of City of Kodiak, Kodiak Isla... Page 3 of 22 AGENDA ITEM #11.a. VII. PRIORITY OF USE: Each agency will make its buildings and grounds available for use by the other agencies on a first priority basis after the scheduling requirements for its own programs have been met. A. School District Facilities: Priority of use is relative and reflects the intended primary use of the facilities for educational purposes and the secondary use of community service for recreation, education, and leisure -time activities. In the time period VI "A." the District shall have the exclusive right to use of District facilities. The District may share the space. In the time period VI "B.," joint use will be assumed with first priority given to District sponsored activities. In time period VI "C." and "D." the District and City will assume joint -use with mutual access. In the scheduling of space, the District will prioritize- the City's needs first and then the needs of other community agencies or groups. The District will not retain the gym or pool for daily practice of District teams beyond 7:30 p.m. B. Borough Facilities: The Borough will regulate use of Borough facilities under the following guidelines: Priority of use is given to Borough needs. In the absence of Borough needs, the City shall have management authority over Borough facilities. C. City Facilities: The City will regulate use of City Facilities under the following guidelines: Priority of use is given to District interscholastic athletic practices and competition. In the time period VI "A.," the School District shall have preferential use of City Facilities. In other time periods the needs of City, District and community programs will be evaluated and access allocated according to the needs of each. VIII. SCHEDULING OF ACTIVITIES: Specific requests for use will be made party to party, and will include the following: person in charge, space desired, approximate number of participants, time, description of the activities involved, plan of supervision and control, and person(s) designated to assist in set-up and take down of equipment needed. Approval rests with the Borough Engineering/Facilities Director, District Maintenance and Operations Director and the City Parks and Recreation Director, or their designee. After the initial approval is granted, each party must provide the other with at least one week's advance notice, whenever possible, prior to commencement of or change in the schedule of the approved activity. Once a party establishes its schedule, each must give the other at least one week's advance notice before changing their schedule. Use of District facilities by groups outside the realm of the Borough, City or District, at times other than during regular school hours, will be scheduled by the District Community Schools Supervisor after notification and review with affected City and District staff. IX. CHANGES IN POLICY, BUDGET OR ORGANIZATION: When the Borough, City or District contemplates a change in policy, budget or organization that could impact the joint -use access, each party will consult with the other parties, with sufficient notice, so each party can analyze the impacts and plan for the change. X. DENIAL OF FACILITIES: The Borough, City and District reserve the right to deny the use of their facilities to groups and/or individuals. The Borough, City and District will designate individuals responsible to effect this denial. Specific rules will be posted in areas of use. Attention to the rules will be accomplished by each activity and as needed throughout the duration of the schedule. City of Kodiak, Kodiak Island Borough, and 3 Kodiak Island Borough School District Joint Agreementfogeth",eenarWsQperation of City of Kodiak, Kodiak Isla... Page 4 of 22 AGENDA ITEM #11.a. XI. CITY OBLIGATION FOR DISTRICT FACILITIES—the City's responsibility is restricted to public use of District facilities for those activities under the City's sponsorship. This means that the City will: A. Supervise all City staff and volunteers. B. Schedule all City programs and activities; coordinate with the Community Schools Office; C. Provide pool vacuuming, filtration and chemical upkeep; D. Provide for safe storage and handling of all items used daily, including hazardous chemicals; E. Ensure that all scheduled activities will conclude by 10:30 p.m. and provide for policing of area used at end of each activity; F. Provide trained, qualified personnel for supervision of all City recreation activities and ensure that City participants have vacated District facilities prior to supervisor's conclusion of duties. Provide lifeguard personnel with lifeguard certificate. G. Provide advanced notification of supply needs, e.g. pool chemicals. H. The City will inform the District, and the District will inform the City of any known equipment or items that are not functioning properly; 1. The City will schedule and provide lawn mowing during the summer months as needed for East Elementary, Main Elementary, North Star Elementary, Peterson Elementary, Kodiak Middle School, and Kodiak High School XII. CITY OBLIGATION FOR BOROUGH FACILITIES—The City's responsibility for use of Borough facilities is to manage, maintain and operate said facilities as if they were City facilities. This means that the City will: A. Maintain the playing surfaces of Borough fields to include mowing, dragging, lining and other basic maintenance procedures; B. Do limited maintenance on fences, buildings, bleachers, goal posts, bases and other amenities and support structures; C. Schedule the use of facilities to ensure appropriate maximum use and benefit by the community. XIII. DISTRICT OBLIGATION—the District will: A. Provide heat, light, power, chemical supplies and equipment, and water necessary for both District and City use; B. Provide all major mechanical work including annual pool overhaul; C. Provide proper and safe storage area for the inventory of pool chemicals; D. Provide all building maintenance including required maintenance to ensure individual health and safety in the gyms and supporting facilities; E. Provide all custodial services. XIV. BOROUGH OBLIGATION—the Borough will: A. Provide necessary maintenance in addition to section XIII A and B to ensure individual health and safety on the fields and supporting facilities; City of Kodiak, Kodiak !stand Borough, and 4 Kodiak island Borough S h of Dist6pt Joint AgreemeatfoEd _rddwrmWQ nation of City of Kodiak, Kodiak Isla... Page 5 of 22 AGENDA ITEM #11.a. B. Include the City in the planning and design stages of Borough and District facilities, which are or could be subject to this Agreement. XV. ACCESS TO STORAGE: Wherever possible, each agency shall make available storage space on site for joint -use program equipment and supplies. XVI. FEES: All fees charged for participation in one party's programs in another party's facility belong to the party sponsoring program, not to the party that owns the facility.. XVII. COOPERATIVE CAPITAL DEVELOPMENT FINANCING: The Borough, City and District will cooperatively plan development at appropriate joint -use sites or facilities, exploring whenever possible avenues for blending fund sources and resources to accomplish mutual goals. Where possible, the three parties will work together to use other public and private financing opportunities to accomplish mutual objectives and to develop facilities with standards sufficient to meet the programming requirements of all three parties. XVIIL INTERAGENCY TRAINING: The Borough, City and District shall conduct annual training and orientation programs for key personnel involved in implementing this Agreement; including school principals, coaches, teachers, secretaries and custodians. Topics to be covered include the history and purpose of this Joint Use Agreement, benefits to students/families and community residents, specific provisions established by this Agreement and key implementation procedures. XIX. LIABILITY INSURANCE: The Borough, City and District shall, at all times, maintain and keep in effect liability insurance with limits not less than $1,000,000 per occurrence and/or aggregate combined single limit, personal injury, bodily injury and property damage, naming each subsequent party as an additional insured. The Borough, City and District will provide upon request, a copy of the required Certificate of Insurance and provide thirty (30) days written notice prior to cancellation of insurance policy. XX. INDEMNIFICATION: The Borough, City and District shall, to the fullest extent permitted by law, defend, indemnify and hold harmless each other, including each others elected and appointed officials, employees, and volunteers against any and all liabilities, claims, demands, lawsuits, or losses including costs and reasonable attorney fees incurred in defense thereof, arising out of or in any way connected or associated with this Agreement. XXI. PROPERTY DAMAGE: The Borough, City and District will reimburse each other for damage to the other's facilities due to negligence or acts of employees or persons using the facilities during times that said facilities are subject to the exclusive use of the Borough, City or District. Nothing herein contained shall be construed to obligate the Borough, City or District to make repairs for damage due to ordinary wear and tear. City of Kodiak, Kodiak Island Borough, and 5 Kodi k Isl nd rough S h oI Dist ct Joint Agreem f,?I Q M"WraWion of City of Kodiak, Kodiak Isla... Page 6 of 22 City of Kodiak City Manager �1- 19 rate Kodiak is d Borough "ca,anager Date r ttest/City Clerk Attest'Borough Clerk Date 0. tid _ City of Kodiak, Kodiak Island R-Ough, and Kadiak Isla+ld BoroUgn Srt" Joint Agreemeritffcu7,arfd1©peration of City of Kodiak, Kodiak Isla... AGENDA ITEM #11. a. K. i. B. School District 6K�J� E1 oqSuperinmidem, Date lo School Board Pr siden r iCJ��� Date S�hocl Boa-F(TCierk OL -k-- k-- I Date Page 7 of 22 City of Kodiak KODIAK POLICE DEPARTMENT Office of the Chief of Police 0 MEMORANDUM To: Mike Tvenge, City Manager From: Timothy Putney, Chief of Police Date: February 9, 2024 Subject: Dispatch Services AGENDA ITEM #Il.b. The Kodiak Police Department (KPD) operates and maintains the only Public Safety Answering Point (PSAP) in the Kodiak Island Borough. The PSAP is staffed 24 hours a day, seven (7) days a week, and primarily dispatches City Police, City Fire, Bayside Fire Department (Fire Protection Area No. 1) and Women's Bay Fire Department (Women's Bay Service Area). The table below reflects some of the work performed by dispatchers; however, it does not account for many administrative duties related to tracking and updating criminal justice information, responding to records requests, and reporting a myriad of statistical information to State agencies. The City owns and maintains the radio frequency, known as "Borough Fire" which is used by both Bayside and Women's Bay volunteer Fire Departments as their primary frequency. The City has a professional services agreement with ProComm Alaska for annual radio maintenance. The City maintains several radio channels including "Borough Fire." The current agreement with ProComm Alaska is $10,386 each quarter or about $41,544 per year. Other examples of regular maintenance include $3,278.00 the City spent in FY2017 to replace a UPS at North Star Elementary for the repeater used by the Borough's radio frequency, and in FY 2020 the City upgraded its conventional VHF radio system at a cost of $721,000. This included all new hardware and software for the Borough's frequency. "Striving for excellence — Serving the community" 2160 Miff (Bay Xoad — Kodiak Alaska 99615 — 907.486.8000 voice — 907.486.892.5 fa. - Dispatch Services / Mutual Aid Page 8 of 22 2022 2023 Calls for Service 10,423 11,227 Regular Phone Calls 15,897 15,445 911 Phone Calls 2,625 2,683 Walk-ins Assisted 3,691 3,438 The City owns and maintains the radio frequency, known as "Borough Fire" which is used by both Bayside and Women's Bay volunteer Fire Departments as their primary frequency. The City has a professional services agreement with ProComm Alaska for annual radio maintenance. The City maintains several radio channels including "Borough Fire." The current agreement with ProComm Alaska is $10,386 each quarter or about $41,544 per year. Other examples of regular maintenance include $3,278.00 the City spent in FY2017 to replace a UPS at North Star Elementary for the repeater used by the Borough's radio frequency, and in FY 2020 the City upgraded its conventional VHF radio system at a cost of $721,000. This included all new hardware and software for the Borough's frequency. "Striving for excellence — Serving the community" 2160 Miff (Bay Xoad — Kodiak Alaska 99615 — 907.486.8000 voice — 907.486.892.5 fa. - Dispatch Services / Mutual Aid Page 8 of 22 AGENDA ITEM #11.b. FIRE A'ND RESCUE r✓IUTUAT AID AGREEMENT This Agreement is made and entered into by and between the City of Kodiak ("the City") and the Kodiak Island Borough, Fire Protection Area No. 1, Bayside Fire Station ("Bayside") RECITALS (a) The City and Bayside acknowledge the possibility that fires or other public emergencies may occur within their respective jurisdictions which could reach such proportions as to be impossible to control with their own local equipment, personnel, and resources and therefore find it appropriate that this Agreement be entered into for the mutual protection of life and property pursuant to AS 18.70.150-160 (relating to the adoption of mutual fire aid agreements), Article X, §13 of the Alaska Constitution (authorizing intergovernmental agreements for cooperative or joint administration of municipal functions or powers). (b) The City and Bayside are desirous of entering into this Fire and Rescue Mutual Aid Agreement in order to memorialize their current understandings and expectations with regard to the furnishing of firefighting and emergency rescue services outside the normal and regular area of service by each party. NOW, THEREFORE, for and in consideration of the mutual promises, covenants, terms and conditions herein contained the parties agree as follows: 1. Furnishing of Emergency Fire Fighting and Rescue Assistance (a) Each party agrees to respond, to the extent it deems reasonably prudent and possible, to requests for assistance from the other and to furnish firefighting and emergency rescue services, utilizing paid and volunteer fire fighters, and firefighting apparatus and equipment owned and operated by each of the parties. The judgment as to whether or not it is reasonably prudent and possible to respond to a given request and, if so, to what extent and with what resources, shall rest exclusively with the party from whom such assistance is sought. Both parties hereby Fire and Rescue Mutual Aid Agreement -City/Bayside Page 1 of4 formally disavow any intention to create, through the execution of this or any other agreement or through any course of past or future conduct, a binding contractual right to require the other to respond, or to respond at a particular level of resources, to requests forassistance. (b) The term "request for assistance" shall mean a request for firefighting or emergency rescue aid made by the fire chief, or other personnel who have been authorized by the chief of the requesting f i r e department to make such a request. Dispatch Services / Mutual Aid Page 9 of 22 2. Determination of Priority It is mutually understood and agreed that the dispatch of any personnel or equipment in response to a request for assistance shall be subordinate to the needs and responsibilities of the responding fire department as determined by its lire chief and that his or her judgment as to the level of resources which should be withheld in order to respond to any actual or potential requests for assistance or public emergencies within the geographical area regularly served by the responding party shall be conclusive. No violation of this Agreement shall be considered to have occurred if, for any reason, in the judgment of the responding fire chief, a response to a request for assistance made by the other party to this Agreement might jeopardize the fire or other protection provided to the geographical area regularly served by the responding party. 3. Non -liability Without limiting the generality of the foregoing it is explicitly agreed that a party to this Agreement shall not be responsible or liable for any loss or claims which may result from a failure to respond to a request for assistance received from the other party, or from an alleged failure to respond in a prompt or timely manner. 4. Operational Control (a) Control of Fire Fighting The fire chief of the party requesting assistance or authorized representative shall have the sole responsibility for conducting all firefighting or emergency rescue operations at the scene; however, such requesting fire chief may delegate management authority over all or any part of such operations to any responding fire chief as provided in (b). Fire and Rescue Mutual Aid Agreement-City/Bayside Page 2 of 4 AGENDA ITEM #ll.b. (b) Emergency Scene Management The requesting fire chief or authorized representative, may request that a - responding fire chief or authorized representative, assume management authority over the control and direction of all or any pari of the �ireiigiiiing operations at the fire or rescue emergency; however, the requesting fire chief shall not, by relinquishing such control, be relieved of his overall control and responsibility for the operation. (c) Control of Personnel Notwithstanding any other prov 1 s 1 on herein, the officers, fire fighters and other personnel of each firefighting organization, both the responding or the requesting units, shall remain under the control and direction of their own fire chief authorized representative and shall not become the agent, employees, or representatives of any otherparty. (d) Right to Protect Personnel and Equipment Each fire chief, both responding and requesting, and their authorized representative, shall have and retain the right to refuse to commit their personnel or equipment to any position which is considered unreasonably dangerous to life of any of their personnel, another person, or to equipment. A fire chief, or his authorized representative, shall have the sole and exclusive right and discretion to determine the extent and imminence of any such danger. 5. Costs and Expense Each party shall be responsible for all of its own costs or expense, incurred in maintaining its equipment, insurance coverage, apparatus, paying salaries, and any and all other items of cost or expense associated with providing services pursuant Dispatch Services / Mutual Aid Page 10 of 22 to this Agreement; provided, however, that expendable fire fighting material used or expended by a responding party in its activities at the scene, such as fire fighting foam, shall be replaced by the party that issued the request for assistance if the responding party expending such materials serves a written claim therefore upon the requesting party not later than sixty (60) days after such materials were used or expended. 6. Damage and Loss With the exception of replacement of expendable fire fighting materials as provided above, any loss or damage to fire apparatus or other equipment of the responding party incurred or arising out of activities in responding to a request for assistance pursuant to this Agreement, including any loss which may occur while the responding party is traveling to the scene, working at the scene, or returning therefrom, shall be the responsibility of, and shall be paid by, such party responding to the request for assistance. 7. Immunities to Continue This Agreement is not intended to, and it shall not be construed to, waive, relinquish, alter, amend or vitiate in any manner whatsoever, the privileges or immunities otherwise provided by law to either of the parties hereto or to any of their officers, employees, volunteers or other agents, whether in the course of responding to a request for assistance under this Agreement or otherwise. Each party and all such individuals shall have and retain all privileges and immunities otherwise applicable to the performance of the same or similar functions within the party's own area. Fire and Rescue Mutual Aid Agreement-City/Bayside Page 3 of 4 AGENDA ITEM #ll.b. 8. Not Employees or Agents Nothing in this Agreement shall be construed to render or establish any officer,. employee or volunteer of any one of the parties the agent, employee, representative or volunteer of any of the other parties and all such personnel shall be and remain, for all purposes and at all times, the personnel ofthe party providing suchpersonnel. 9. No Warranty By entering into this Agreement, or taking any action pursuant to it, neither party is making any representation or warranty, whether express or implied, concerning the training or reliability of its personnel or that of the other party, or with respect to the safety, durability or reliability of its firefighting apparatus or equipment or that of the other party. Each party expressly disclaims any such express or implied approval or warranty. IO.NoDuty to Inhabitants or T h i r d Parties This Agreement shall not be construed as creating or giving rise to any duties on the part of either party toward the inhabitants of the geographical area regularly served by the other or to the owners of property within such area. The parties hereby disclaim any intention of creating third party beneficiaries to this Agreement. 11. Procedures The fire chiefs of the parties shall establish the manner and method of requesting assistance for fire or other emergency response under this Agreement. Each party shall develop and maintain a communication system, which will facilitate the procedures agreed upon. Dispatch Services / Mutual Aid Page 11 of 22 12. Hazardous Materials Assistance for any emergency involving hazardous materials or hazardous wastes in Fire Protection Area No. 1, or in the City will be in accordance with the Terms of this agreement. 13. Effective Date and Term This term of this agreement shall become effective upon the date specified in Section 2 of C-1—Ly-of Kodiak Ordinance 1NO. 1327 and upon approval by the Kodiak Island Borough. This Agreement may be terminated by either party by providing written notice to the other party not less than thirty (30) days prior to the desired date of termination. CITY OF KODIAK C—�- Jafnes R Mullican Jr Fire Chief l/ Kodiak Fire )Department Dated: Approvveedd:. Wu Mike Tvenge City Manager Dated: 12.13 - 21011 Atte 1' Nova Javier City Clerk Dated: ,25' C1 Fire and Rescue Mutual Aid Agreement-City/Bayside Page 4 of 4 AGENDA ITEM #11.b. KODIAK ISLAND BOROUGH Reco mended for Approval: Howard S Rue III Fire Chief Bayside Fire Department Dated: / _A// 7 Approved: Michael Powers Borough Mana r i Dated: p, Attest: Tara Welinsky Borough Clerk Dated: o, k Dispatch Services / Mutual Aid Page 12 of 22 AGENDA ITEM #ll.b. FIRE AND RESCUE MUTUAL AID AGREEMENT This Agreement is made and entered into by and between the City of Kodiak ("the City") and the Kodiak Island Borough, Fire Protection Area No. 1, Womens Bay Fire Station ("Womens Bay"). RECITALS (a) The City and Womens Bay acknowledge the possibility that fires or other public emergencies may occur within their respective jurisdictions which could reach such proportions as to be impossible to control with their own local equipment, personnel, and resources and therefore find it appropriate that this Agreement be entered into for the mutual protection of life and property pursuant to AS 18.70.150-160 (relating to the adoption of mutual fire aid agreements), Article X, § 13 of the Alaska Constitution (authorizing intergovernmental agreements for cooperative or joint administration of municipal functions or powers). (b) The City and Womens Bay are desirous of entering into this Fire and Rescue Mutual Aid Agreement in order to memorialize their current understandings and expectations with regard to the furnishing of firefighting and emergency rescue services outside the normal and regular area of service by each parry. NOW, THEREFORE, for and in consideration of the mutual promises, covenants, terms and conditions herein contained the parties agree as follows: 1. Furnishing of Emergency Fire Fighting and Rescue Assistance (a) Each parry agrees to respond, to the extent it deems reasonably prudent and possible, to requests for assistance from the other and to furnish firefighting and emergency rescue services, utilizing paid and volunteer fire fighters, and firefighting apparatus and equipment owned and operated by each of the parties. The judgment as to whether or not it is reasonably prudent and possible to respond to a given request and, if so, to what extent and with what resources, shall rest exclusively with the parry from whom such assistance is sought. Both parties hereby Fire and Rescue Mutual Aid Agreement -City/Womens Bay Page 1 of4 formally disavow any intention to create, through the execution of this or any other agreement or through any course of past or future conduct, a binding contractual right to require the other to respond, or to respond at a particular level of resources, to requests forassistance. (b) The term "request for assistance" shall mean a request for firefighting or emergency rescue aid made by the fire chief, or other personnel who have been authorized by the chief of the requesting f i r e department to make such a request. Dispatch Services / Mutual Aid Page 13 of 22 2. Determination of Priority It is mutually understood and agreed that the dispatch of any personnel or equipment in response to a request for assistance shall be subordinate to the needs and responsibilities of the responding fire department as determined by its fire chief and that his or her judgment as to the level of resources which should be withheld in order to respond to any actual or potential requests for assistance or public emergencies within the geographical area regularly served by the responding parry shall be conclusive. No violation of this Agreement shall be considered to have occurred if, for any reason, in the judgment of the responding fire chief, a response to a request for assistance made by the other party to this Agreement might jeopardize the fire or other protection provided to the geographical area regularly served by the responding party. 3. Non -liability Without limiting the generality of the foregoing it is explicitly agreed that a party to this Agreement shall not be responsible or liable for any loss or claims which may result from a failure to respond to a request for assistance received from the other party, or from an alleged failure to respond in a prompt or timely manner. 4. Operational Control (a) Control of Fire Fighting The fire chief of the party requesting assistance or authorized representative shall have the sole responsibility for conducting all firefighting or emergency rescue operations at the scene; however, such requesting fire chief may delegate management authority over all or any part of such operations to any responding fire chief as provided in (b). Fire and Rescue Mutual Aid Agreement -City/Womens Bay Page 2 of 4 AGENDA ITEM #ll.b. (b) Emergency Scene Management The requesting fire chief or authorized representative, may request that a• responding fire chief or authorized representative, assume management authority over the control and direction of all or any part of the firefighting operations at the fire or rescue emergency; however, the requesting fire chief shall not, by relinquishing such control, be relieved of his overall control and responsibility for the operation. (c) Control of Personnel Notwithstanding any other prov 1 s 1 on herein, the officers, fire fighters and other personnel of each firefighting organization, both the responding or the requesting units, shall remain under the control and direction of their own fire chief authorized representative and shall not become the agent, employees, or representatives of any otherparty. (d) Right to Protect Personnel and Equipment Each fire chief, both responding and requesting, and their authorized representative, shall have and retain the right to refuse - to commit their personnel or equipment to any position which is considered unreasonably dangerous to life of any of their personnel, another person, or to equipment. A fire chief, or his authorized representative, shall have the sole and exclusive right and discretion to determine the extent and imminence of any such danger. 5. Costs and Expense Each party shall be responsible for all of its own costs or expense, incurred in maintaining its equipment, insurance coverage, apparatus, paying salaries, and any and all other items of cost or expense associated with providing services pursuant Dispatch Services / Mutual Aid Page 14 of 22 to this Agreement; provided, however, that expendable fire fighting material- used or expended by a responding party in its activities at the scene, such as fire fighting learn, shall be replaced by the pallythat issued the request for assistance if the responding party expending such materials serves a written claim therefore upon the requesting party not later than sixty (60) days after such materials were used or expended. 6. Damage and Loss With the exception of replacement of expendable fire fighting materials as provided above, any loss or damage to fire apparatus or other equipment of the responding party incurred or arising out of activities in responding to a request for assistance pursuant to this Agreement, including any loss which may occur while the responding party is traveling to the scene, working at the scene, or returning therefrom, shall be the responsibility of, and shall be paid by, such party responding to the request for assistance. 7. Immunities to Continue This Agreement is not intended to, and it shall not be construed to, waive, relinquish, alter, amend or vitiate in any manner whatsoever, the privileges or immunities otherwise provided by law to either of the parties hereto or to any of their officers, employees, volunteers or other agents, whether in the course of responding to a request for assistance under this Agreement or otherwise. Each parry and all such individuals shall have and retain all privileges and immunities otherwise applicable to the performance of the same or similar functions within the party's own area. Fire and Rescue Mutual Aid Agreement -City/Womens Bay Page 3 of 4 AGENDA ITEM #ll.b. 8. Not Employees or Agents Nothing in this Agreement shall be construed to render or establish any officer,. employee or volunteer of any one of the Lhe U11L, enl 1V ee, r e 1 OJ011LaL1 V e p�a1Lles Q. g p y p...._,._ or volunteer of any of the other parties and all such personnel shall be and remain, for all purposes and at all times, the personnel ofthe party providing suchpersonnel. 9. No Warranty By entering into this Agreement, or taking any action pursuant to it, neither party is making any representation or warranty, whether express or implied, concerning the training or reliability of its personnel or that of the other parry, or with respect to the safety, durability or reliability of its firefighting apparatus or equipment or that of the other party. Each party expressly disclaims any such express or implied approval or warranty. 10.NoDuty to Inhabitants or Third Parties This Agreement shall not be construed as creating or giving rise to any duties on the part of either parry toward the inhabitants of the geographical area regularly served by the other or to the owners of property within such area. The parties hereby disclaim any intention of creating third party beneficiaries to this Agreement. 11. Procedures The fire chiefs of the parties shall establish the manner and method of requesting assistance for fire or other emergency response under this Agreement. Each party shall develop and maintain a communication system, which will facilitate the procedures agreed upon. Dispatch Services / Mutual Aid Page 15 of 22 12. Hazardous Materials Assistance for any emergency involving hazardous materials or hazardous wastes in Womens Bay Service Area, or in the City will be in accordance with the Terms of this agreement. 13. Effective Date and Term This term of this agreement shall become effective upon the date specified in Section 2 of City of Kodiak Ordinance No. 1327 and upon approval by the Kodiak Island Borough. This Agreement may be terminated by either party by providing written notice to the other party not less than thirty (30) days prior to the desired date oftermination. CITY OF KODIAK 7om ended f oval: James R Mullican Jr Fire Chief Kodiak Fire Department Dated:/,) - 5—^ .2ol Approved: I Vkk�nt Mike Tvenge City Manager Dated: 12' i3'Lol9 Attest: Nova Javier City Clerk Dated: (2 -1,3 ` Z� Fire and Rescue Mutual Aid Agreement -City/Womens Bay Page 4 of 4 AGENDA ITEM #ll.b. ecomme ed f r Approval: Dave Conrad Fire Chief Womens Bay Fire Department Dated: 2�;1 Appro ed: Michael Powers Borough Manager Dated: / / /te% l ANpB Attest: Tara Welinsky Borough Clerk Dated: Dispatch Services / Mutual Aid Page 16 of 22 E-911 Surcharge AGENDA ITEM #/I. c. Office of the City Manager 710 Mill Bay Road, Room 114, Kodiak, Alaska 99615 Alaska Statute (AS) 29.35.210 states a second-class borough can establish an emergency services communication center under AS 29.35.130. AS 29.35.130 states a municipality may establish an emergency services communication center with one or more other municipalities and one or more state, federal, or private agencies that provide emergency services in the same geographic area. AS 29.35.131 authorizes a municipality to collect a 911 surcharge through resolution or ordinance. Section (i) of this statute also identifies the allowable costs the surcharge revenue can be applied to, such as: • The acquisition, implementation, and maintenance of public safety answering point and 911 service features; • The acquisition, installation, and maintenance of other equipment, including call answering equipment, call transfer equipment, automatic number identification controllers and displays, automatic location identification controllers and displays, station instruments, 911 telecommunication systems, logging records, instant playback., telephone devices for the deaf, back up power systems, consoles, and hardware or software for computer aided dispatch systems; - The salaries and associated expenses for 911 call takers for that portion of time spent taking and transferring 911 calls; • Training costs for public safety answering point call takers; • Expenses required to develop and maintain all information necessary to properly inform call takers as to location address, type of emergency, and the information relevant to 911 call -taking and transferring; AS 29.35.131(k) states that if a city in an enhanced 911 service area established by borough incurs costs described under (i), the borough and city must execute an agreement addressing duties and responsibilities of each before the borough can use the revenue. As a Second Class Borough, AS 29.35.210 grants the Kodiak Island Borough the power to establish an emergency services communications center described under AS 29.35.130. Alaska Statute 29.35.250 states the Borough may either choose to adopt an ordinance to exercise their power area wide, or adopt an ordinance to essentially pass their authority to the City. Alaska Statute 29.35.131 pertains to the 911 surcharge and the allowable expenses for any money collected through the surcharge. Under the law, a 911 surcharge may not exceed $2 per line each month unless the public votes to approve an increase. The surcharge is collected by communication companies and remitted to the Borough. The Borough currently takes an administrative processing fee and passes the remaining monies to the City. The surcharge has only offset costs associated with operating and maintaining a 911 system: it has never funded the service. Telephone (907) 486-86401 Fax (907) 486-6600 mtven9e@city.kodiak-ak.us Memorandum of Agreement for E911 Page 17 of 22 AGENDA ITEM #ll.c. MEMORANDUM OF AGREEMENT Between KODIAK ISLAND BOROUGH and CITY OF KODIAK for PROVISON OF E-911 OPERATION AND MAINTENANCE SERVICES THIS AGREEMENT is made and executed on the date and year hereinafter last specified by and between the parties: the City of Kodiak, 710 Mill Bay Road, Kodiak, Alaska (the City) and the Kodiak Island Borough, 710 Mill Bay Road, Kodiak, Alaska (the Borough). PURPOSE: This agreement is to set forth the terms and conditions under which the City will be paid by the Borough for the operation and maintenance of the Kodiak Enhanced 911 System (E-911) including any necessary equipment upgrades. WHEREAS: The Borough is authorized to impose an E-911 surcharge pursuant to AS 29.35.131 and Kodiak Island Borough Resolution 95-45. Since January 1, 1996, telephone companies providing local service have collected a monthly surcharge per local exchange access line, and more recently also on wireless telephone accounts with local billing addresses (Resolution No. FY2018-05) and has remitted the funds so collected to the Borough. The City has provided E-911 services for Kodiak Island, since the inception of the system, as part of the City's public safety answering point (City dispatch). WHEREAS: Enhanced 911 System equipment and software is used to provide E-911 services to all citizens with local telephone exchanges or any local 911 call. The City is responsible for the operation and maintenance of the system. The City is also responsible for payment of monthly preventative maintenance charges and a monthly equipment maintenance charges, in addition to a monthly access line charge. Other operation and maintenance expenses include labor, equipment and software. ARTICLE I 1. Term of Agreement. This Agreement shall become effective upon execution and shall, except as otherwise provided herein, continue in force for a period of three years. 2. Governing Law. The laws of the State of Alaska shall govern this Agreement and any suit or legal action hereon shall be brought only in the courts of said State, in the Third Judicial District at Kodiak Alaska. 3. Miscellaneous. a. Relationship of Parties. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto. It being understood and agreed that neither the method of computing payment nor any other provision contained herein, nor any act of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of the City as a City and Borough MOA E911 City Record No. 238610 Page 1 of 3 Memorandum of Agreement for E911 Page 18 of 22 AGENDA ITEM #ll.c. party to the Borough for the provision of E-911 services. b. Non -waiver. The failure of either party to insist in any one or more instances upon the strict performance of any provision or covenant in this Agreement may not be considered as a waiver or relinquishment for the future, but the provision or covenant will continue in full force. The waiver by the parties of any provision or covenant in this Agreement cannot be enforced or relied upon unless the waiver is in writing and signed by both parties. c. Severability. If any provision or covenant of this agreement is declared to be invalid by a court of competent jurisdiction, the remaining covenants and provisions will continue in full force. d. Entire Agreement. This Agreement sets forth all the terms, conditions, and agreements of the parties and supersedes any previous understandings or agreements regarding the E-911 System whether oral or written. No modification or amendment of this Agreement is effective unless in writing and signed by both the parties. e. The City of Kodiak is liable for all claims resulting from lawsuits alleging any misuse or lack of support of the E911 system. f. Notice. Any notice required by this Agreement is not effective unless in writing to the appropriate party at the address set forth in this Agreement or to any other address which the parties subsequently designate in writing. g. Notice of Cancellation Required. Sixty (60) days Notice of Cancellation or Change, Non - Renewal, Reduction and/or Material Change shall be sent to: Borough Manager, 710 Mill Bay Road, Kodiak, AK 99615 and or City Manager, 710 Mill Bay Road, Room 115, Kodiak, Alaska 99615. ARTICLE 11 In furtherance of this Agreement, the Borough shall reimburse all the amounts required under this agreement and the City shall operate and maintain the E-911 System. 1. Management and Operation of E-911 System. a. The City will furnish, operate and maintain the Kodiak E-911 System twenty-four hours a day, seven days a week. b. The City will contract with Alaska Communication Systems (ACS), for E-911 maintenance services, however provider is subject to change. c. The City will review with the Borough all anticipated equipment and software upgrade and replacement needs for the E911 system on an annual basis. d. The Borough will collect and account for the monthly surcharge received from phone companies providing local service. e. The Borough will submit an income statement and balance sheet of the fund to the City to be included with payments. 2. Amount of Agreement, Method and Computation of Payment a. Upon receipt of an invoice detailing the eligible costs the Borough will remit to the City the surcharges collected, less allowable costs. Payment will be made quarterly City and Borough MOA E911 City Record No. 238610 Page 2 of 3 Memorandum of Agreement for E911 Page 19 of 22 AGENDA ITEM #ll.c. in January, April, July, and October for eligible expenses. b. The City will provide a written report by July 31st of each year detailing the income and expenses of the fiscal year and anticipated future needs for the Borough's review. c. The Borough and the City will annually review the E911 surcharge and the related expenses to determine whether the current level of the surcharge is adequate, excessive, or insufficient to meet anticipated enhanced 911 system needs (per AS 29.35.131). d. Any remaining surcharge collected by the Borough will remain in a Borough fund to be used for future upgrades and replacement of the system and for Borough expenses directly related to the establishment, maintenance and operation of an E- 911 system4per AS 29.35.131.i). IN,WIT ESS WHEREOF, the parties hereto have hereunder set their hands this day of 2018. City of Kodiak 710 Mill Bay Road Kodiak, AK 99615 Mike Tvenge, City Manager Attest: Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Michael Powers, Borough Manager Attest: Debra L. Marlar, MMC, City Clerk `��,pND � N 71 City and Borough MOA E911 City Record No. 238610 Page 3 of 3 M. Javier, MMC, Borough Clerk Memorandum of Agreement for E911 Page 20 of 22 AGENDA ITEM #11.d. KODIAK CITY CODE Title 2 Administration and Personnel Chapter 2.32 Emergency Services 2.32.030 Emergency services council (a) Membership. The emergency services council is created and shall consist of the city of Kodiak mayor and manager, the Kodiak Island Borough mayor and manager, the commanding officer of the United States Coast Guard Integrated Support Command Kodiak, the commanding officer of the United States Coast Guard Air Station Kodiak, and the post supervisor of the Alaska State Troopers "C" detachment post in Kodiak, or their designees. (b) Officers. The emergency services director shall serve as chair of the emergency services council. The council shall select a vice -chair from its membership. (c) Powers. The emergency services council shall have the following powers: (1) To proclaim the existence of a local disaster upon the recommendation of the emergency services director; (2) To adopt mutual aid plans and agreements necessary for the provision of coordinated disaster emergency services; (3) To approve emergency service response plans including the Kodiak emergency operations plan, plan annexes, and any significant revisions thereto; (4) To issue policy guidance to the incident commander and/or unified command during an emergency response incident where the Kodiak incident management team is activated. (d) Duties. It shall be the duty of the emergency services council to review and recommend for the adoption by the city council and the borough assembly, ordinances and resolutions necessary for the implementation of disaster emergency services plans and agreements. (e) Meetings. The emergency services council shall meet upon call of the chairman or, in the absence of the chairman, upon the call of the vice-chairman. (f) Bylaws. The emergency services council shall adopt bylaws for the conduct of its meetings. [Ord. 1121 §2, 2000; Ord. 872 §2, 1989; Ord. 752 §4, 1985; Ord. 702, 1983] The Kodiak City Code is current through Ordinance 1442, passed December 14, 2023. Emergency Services Council Page 21 of 22 AGENDA ITEM #ll.d. KODIAK ISLAND BOROUGH CODE Title 2 Administration and Personnel Chapter 2.110 Emergency Services 2.110.030 Emergency services council. A. Membership. The emergency services council is created and shall consist of the city mayor and manager, the borough mayor and manager, the commanding officer of the United States Coast Guard Integrated Support Command Kodiak, the commanding officer of the United States Coast Guard Air Station Kodiak, and the post supervisor of the Alaska State Troopers "C" detachment post in Kodiak, or their designees. B. Officers. The emergency services director shall serve as chairperson of the emergency services council and the council shall select a vice -chair from its membership. C. Powers. The emergency services council shall have the following powers: 1. To proclaim the existence of a local disaster upon the recommendation of the emergency services director; 2. To adopt mutual aid plans and agreements necessary for the provision of coordinated disaster emergency services; 3. To approve emergency service response plans including the Kodiak Emergency Operations Plan and annexes, and any significant revisions thereto; and 4. To issue policy guidance to the incident commander and/or unified command during an emergency response incident where the Kodiak incident management team is activated. D. Duties. It shall be the duty of the council to review and recommend, for adoption by the city council and the assembly, ordinances and resolutions necessary for the implementation of disaster emergency services plans and agreements. E. Meetings. The council shall meet upon call of the chair or, in his absence, upon the call of the vice -chair. F. Bylaws. The council shall adopt bylaws for the conduct of its meetings. [Ord. 00-13 §2; Ord. 98-02 §8, 1998; Ord. 89-25-0 §3, 1989; Ord. 85-26-0 §1, 1985; Ord. 84-61-0 §9, 1984; Ord. 83-68-0 §2, 1983. Formerly §2.41.030]. The Kodiak Island Borough Code is current through Ordinance FY2024-11, passed January 4, 2024. Emergency Services Council Page 22 of 22 KODIAK ISLAND BOROUGH flsk,vwbl. and G� Cc�w�n�i� Meeting Type: Date: Please PRINT your name legibly Phone number