FY2020-40 Fire and Rescue Mutual Aid Agreement Between The City of Kodiak, KIB, FPA No. 1 Bayside Fire StationRECORDS RETENTION EXTENSION FORM
The Manager and Department Directors can extend the retention period of a record in the records center
and delay the disposal of a record for up to five years if there is a valid administrative purpose.
Aimee Williams
REQUESTED BY: Borough Manager DEPARTMENT: Manager
DATE: Z�OU('Ly LOCATION:
CONTENT SUMMARY: +-m oo# V i
RECORDS SEIES: CL -09
AA� Aq�
YEARS REQUESTED: EXTENSION EXP. DATE: 17-131 Z45
(Not to exceed 5 years)
IDENTIFY THE REQUIRED BOROUGH ADMINISTRATIVE PURPOSE BELOW:
e�tSs15 a cAwf6vl- a jreewx&4s
Nctdec� lar xc- ugd&�S
FILL OUT BELOW FOR ANY SUBSEQUENT REQUESTS
(MUST be approved by the Manager and Clerk)
REQUESTED BY: DEPARTMENT: Select One
DATE:
CONTENT SUMMARY:
YEARS REQUESTED:
(Not to exceed 5 years)
LOCATION:
RECORDS SERIES:
EXTENSION EXP. DATE:
IDENTIFY THE REQUIRED BOROUGH ADMINISTRATIVE PURPOSE BELOW:
APPROVED BY:
MANAGER
The Records Management Code can be found here.
Rev. 07/25/2024
CONTRACT 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
CONTRACT NO.: FY2020-40
CONTRACT TITLE:
CONTACT PERSON: Aimee Williams
Fire and Rescue Mutual Aid Agreement between the City of Kodiak, KIB, FPA #2, and
Women's Bay Volunteer Fire Station
VENDOR OR SERVICE PROVIDER:
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 DATE OF APPROVAL:
TYPE OF CONTRACT: Select Type
EXTENSION OPTIONS: N/A
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.
FILL OUT BELOW IF THE RECORD AMENDS, EXTENDS, OR IS A CHANGE ORDER TO A CONTRACT
CATEGORY: Amendment
APPROVED BY: MANAGER O ASSEMBLY O DATE OF APPROVAL:
TYPE OF CONTRACT: Select Type , A , '_ f AA
EXTENSION OPTIONS:
EXPIRATION DATE:
PURGE DATE FOR PROCUREMENT (Exp. + 4 yrs): 12/31/2029
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.
Please extend for ten years - these templates are still used
\\dove\borough\CL\U - RECORDS\FORMS\contract transmittal form NJ.docx Rev. 12/23
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, 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 Iof4
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 fi r e
department to make such a request.
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 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
(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 provlslon
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
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
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
ofthepartyproviding 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
Third 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.
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 tern 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
Recomt endedfo Approval:
J es R Mullican Jr
Fire Chief
Kodiak Fire Department
Dated:
Approved:
wM-
Mike Tvenge
City Manager
Dated: 12.13. 2011
Atte :
Tyh,' AAA
Nova Javier
City Clerk
Dated: 12 -13" 3 01 �A
Fire and Rescue Mutual Aid Agreement-City/Bayside
Page 4 of 4
KODIAK ISLAND BOROUGH
Reco mended for Approval:
Howard S Rue III
Fire Chief
Bayside Fire Department
Dated: i —/./// 9
Approved:
4,V,1Y&iZ
Michael Powers
Borough Mana r
i
Dated:
Attest:
Tara Welinsky
Borough Clerk
Dated: / �,'
CITY OF KODIAK
ORDINANCE NUMBER 1327
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KODIAK
AUTHORIZING FIRE AND RESCUE MUTUAL AID AGREEMENTS BETWEEN THE
CITY OF KODIAK AND THE KODIAK ISLAND BOROUGH AND THE UNITED
STATES COAST GUARD BASE KODIAK
WHEREAS, Alaska Statutes 18.70.150-160, Article X, §13 of the Alaska Constitution,
and Section XII -1 of the Kodiak City Charter authorize the City to enter into agreements,
including those for cooperative or joint administration of any function or power, with other
governmental units; and
WHEREAS, Fire and Rescue Mutual Aid Agreements between the City and each of the
Kodiak Island Borough Fire Protection Areas, which include Fire Protection Area No. I
(Bayside Fire Station) and Womens Bay Service Area, and the United States Coast Guard Base
Kodiak have been presented to this meeting; and
WHEREAS, it is in the best interest of the City and its residents to enter into agreements
for mutual aid with other firefighting agencies in the vicinity of the City.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kodiak, Alaska,
as follows:
Section 1: The form and content of the Fire and Rescue Mutual Aid Agreements between the
City, the Kodiak Island Borough Fire Protection Area No. 1, (Bayside Fire
Station), Womens Bay Service Area, and the United States Coast Guard Base
Kodiak are hereby in all respects authorized, approved, and confirmed, and the
City Manager hereby is authorized, empowered, and directed to execute and
deliver the Fire and Rescue Mutual Aid Agreements to the respective
counterparties on behalf of the City, in substantially the form and content now
before this meeting but with such changes, modifications, additions and deletions
therein as she shall deem necessary, desirable, or appropriate, the execution
thereof to constitute conclusive evidence of approval of any and all changes,
modifications, additions, or deletions therein from the form and content of said
documents now before this meeting, and from and after the execution and
delivery of said documents, the City Manager hereby is authorized, empowered,
and directed to do all acts and things and to execute all documents as may be
necessary to carry out and comply with the provisions of said documents as
executed.
Section 2: This ordinance shall be effective upon the later to occur of (i) the date that is one
month after its final passage and publication in accordance with the Kodiak
Charter Section 2-13; and (ii) January 1, 2015.
Ordinance No. 1327
Page 1 of 2
ATTEST:
itJSsa—
�� CITY CLERK
First Reading: October 23, 2014
Second Reading: November 13, 2014
Effective Date: December 1A; 2014
)16 bol
Ordinance No. 1327
Page 2 or 2
CITY OF KODIAK
MAYOR