FY2024-35 MOA Between The Kodiak Island Borough And Triple P Ranch, LLC Granting Triple P Ranch, LLC The Authority To Remove Culverts In Areas That The Borough Has Management AuthorityCONTRACT TRANSMITTAL FORM
RETENTION SCHEDULE: CL-09 CONTRACTS
Records related to obligations under contracts, leases, and other agreements between the borough and
outside parties, successful bids, and proposals. Each department maintains the file while the contract is active.
once inactive, retain procurements for another 4 years and retain contracts, leases, or agreements involving
real property for another 11 years.
DEPARTMENT: Manager's Office CONTACT PERSON: Aimee Williams
CONTRACT NO.:
CONTRACT TITLE:
Memorandum Of Agreement Between The Kodiak Island Borough And Triple P Ranch, LLC
Granting Triple P Ranch, LLC The Authority To Remove Culverts In Areas That The Borough
Has Management Authority
VENDOR OR SERVICE PROVIDER: Triple P Ranch, LLC
Administrative contracts are contracts approved by the manager within the spending authority allowed by
code. Assembly approved contracts are beyond the manager's spending authority and require approval by
the Assembly during a meeting.
APPROVED BY: MANAGERO ASSEMBLY O
TYPE OF CONTRACT: Select Type
EXTENSION OPTIONS: N/A
EXPIRATION DATE: 6/6/27
DATE OF APPROVAL: 6/6/24
PURGE DATE FOR PROCUREMENT (Exp. + 4 yrs):
OR
PURGE DATE FOR INVOLVING REAL PROPERTY (Exp. +11 yrs): June 6, 2038
If there's no expiration date, give the process on how or when this record should be purged or flagged
for review.
FILL OUT BELOW IF THE RECORD AMENDS, EXTENDS, OR IS A CHANGE ORDER TO A CONTRACT
CATEGORY: Select Category
APPROVED BY: MANAGER O ASSEMBLY O DATE OF APPROVAL:
TYPE OF CONTRACT: Select Type
EXTENSION OPTIONS:
EXPIRATION DATE:
PURGE DATE FOR PROCUREMENT (Exp. + 4 yrs):
OR
PURGE DATE FOR INVOLVING REAL PROPERTY (Exp. +11 yrs):
If there's no expiration date, give the process on how or when this record should be purged or
flagged for review.
\\dove\borough\CL\U - RECORDS\FORMS\contract transmittal form NJ.docx Rev. 12/23
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is by and between the Kodiak Island Borough, a
general law municipality and a Borough of the second class, whose address is: 710 Mill
Bay Road, Kodiak, Alaska 99615 and the Triple P Ranch, LLC, a limited liability
company whose address is: 11855 W Hubbard Road, Kuna, Idaho 83634. In signing this
Memorandum, the parties indicate their mutual understanding regarding stream crossing
restoration activities on land located on Sitkinak Island for which the Kodiak Island
Borough has management authority.
WHEREAS historic land -use activities associated with the U.S. Coast Guard Loran
Station on West Sitkinak Island resulted in establishment and abandonment of significant
amounts of infrastructure including approximately 40 culverts that were installed within a
minimal road system used to support USCG operations on parcels of land with various
current land ownerships; and
WHEREAS the majority of West Sitkinak Island is owned by the State of Alaska and
managed by the Alaska Department of Natural Resources (DNR), and Triple P Ranch, LLC
(Triple P Ranch), DBA Alaska Meat Company, is the current leaseholder for grazing
management on East and West Sitkinak Islands however several parcels near Sitkinak
Lagoon on West Sitkinak Island are not included within the grazing management lease
between Triple P Ranch and the Alaska DNR; and
WHEREAS the Kodiak Island Borough (KIB) selected numerous parcels of land near
Sitkinak Lagoon on Sitkinak Island in partial fulfillment of their municipal entitlement and
the State of Alaska has approved the conveyance of these parcels to KIB. These parcels of
land not yet been surveyed, therefor ownership of the land has not been transferred however
the KIB now has `management authority' over these parcels; and
WHEREAS several culverts originally established in stream crossings associated with the
USCG road are now located on parcels under KIB management authority. These parcels
are identified as culverts number fourteen (14) through twenty-two (22) and twenty-eight
(28) through thirty-one (31) on the attached Sitkinak Island Stream Crossing Sites map;
and
WHEREAS many of the culverts originally established in the road design were under-
sized and are in various stages of disrepair. These stream crossings are now impeding fish
passage, causing significant erosion, and have resulted in the loss of floodplain
connectivity for several streams; and
WHEREAS Triple P Ranch is currently developing a restoration plan with USDA
Natural Resource Conservation Service to remove stream culverts and address these
resource concerns; and
WHEREAS Triple P Ranch has requested the ability to complete culvert removal and
restoration activities on those parcels under KIB management authority. .
Page 1 of 4
�U�
NOW THEREFORE,
A. KIB grants Triple P Ranch the authority to conduct stream culvert removal and
restoration activities (the project) for the purpose of fish passage improvement
within the parcels of land for which the KIB has management authority, subject to
the following terms:
1. Triple P Ranch is wholly responsible for all aspects of the project,
including but not limited to administration, management, and costs.
2. Triple P Ranch will conduct all aspects of the project in accordance with
local, state, and federal regulations.
3. Triple P Ranch will conduct all restoration activities in accordance with
a restoration plan approved by the USDA Natural Resource
Conservation Service.
4. Triple P Ranch will secure Alaska Department of Fish & Game permits
for instream work, any required Army Corps of Engineer permits, and
any other required permits prior to commencement of work.
5. Triple P Ranch will assume responsibility for fines or penalties imposed
by a governmental entity for violation of permits conditions or work
without appropriate permits.
6. Triple P Ranch is limited to those activities necessary for fish passage
improvements within the parcels of land for which KIB has management
authority.
7. Triple P Ranch shall be responsible for proper disposal of debris
resulting from culvert removal.
8. Triple P Ranch shall complete restoration activities related to any culvert
removed.
9. KIB will not be responsible for maintenance of any improvements
resulting from the above -described activities.
10. All work called for in this MOA will be completed within 36 months of
signing this MOA.
B. The parties agree to the following General Provisions:
Page 2 of 4
1. Assignment. No Party may assign its rights or delegate its duties under this
MOA to any other person or entity without the prior written consent of the
other parties to the assignment or delegation.
2. Termination. The MOA may be terminated:
a. By mutual consent of the Parties; or
b. For convenience of one Party, provided that the terminating Party
notifies the other Party of its intent to terminate at least thirty (30) days
prior to the effective date of the termination; or
c. For cause, by either Party where the other Party fails in any material way
to perform its obligations under the MOA. Termination for cause
requires the terminating Party to notify the other Party of the intent to
terminate, stating with reasonable specificity the grounds therefore, and
the termination for cause shall be effective only if the other Party fails to
cure the failure to perform within (30) days after receiving the notice.
3. Amendments. Any Party may request changes to this MOA. Any changes,
modifications, revisions, or amendments to this MOA must be in a written
instrument, which shall be effective when executed and signed by both
Parties.
4. Insurance. Triple P Ranch shall maintain and provide evidence of insurance
policies covering worker's compensation and general liability including
personal injury claims in commercially reasonable amounts.
5. Hold Harmless and Indemnity. Tripe P Ranch shall indemnify, defend, save
and hold KIB, and their officers, employees and agents harmless from any and
all claims, lawsuits, liabilities, penalties, or fines, including attorney's fees and
costs, allegedly arising out of, in connection with, or incident to any loss,
damage or injury to persons or property occurring as a result of Triple P Ranch's
or any subcontractor's intentional misconduct or negligent acts, errors or
omissions in its performance pursuant to this agreement. The indemnity
obligation in this section shall survive termination or expiration of this
agreement.
6. Governing Law. This MOA and the rights of the parties under it are governed
by the law of the State of Alaska. Any dispute shall be brought in the courts of
the State of Alaska sitting in Kodiak.
7. Expiration. Unless sooner terminated as provided for in Section 2, this MOA,
and the Parties obligations under it, other than the indemnification provision
in section 5, expire three years after the date signed below. The Parties,
however, may extend this MOA by mutual written consent.
Page 3 of 4 l/ `�
By the signature of their duly authorized representatives below, the parties indicate that
they have reviewed this Memorandum of Understanding and acknowledge that it reflects
their mutual understanding of the matters set forth therein.
Kodiak Island Borough
By I MA4, `mot,A�yy��
Aimee Williams, Borough Manager
Attest: ��y
By:I " V , q�� I
Nova Javier, IQMC, Boroug Clerk
Triple P Ranch, LLC
Date: e 7 -TWV 2,L f
AND�0
O
p G
2
By:kz--
Date:
�
Name and Title�
Page 4 of 4