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FY2025-46 City of Kodiak and Kodiak Island Borough Agreement for Emergency Management ServicesAGREEMENT FOR EMERGENCY MANAGEMENT SERVICES Between KODIAK ISLAND BOROUGH and CITY OF KODIAK THIS AGREEMENT is made and entered into by and between the Kodiak Island Borough, ("Borough") and the City of Kodiak, ("City,") in consideration of the mutual promises contained herein and shall be effective January 17, 2025. WHEREAS, the City exercises emergency management responsibilities pursuant to Kodiak Island Borough Code Chapter 2.110 and Kodiak City Code Chapter 2.32; and WHEREAS, the Borough and the City have established Community Emergency Preparedness Plans; and WHEREAS, the Borough and the City have one coordinated Emergency Management Plan; and WHEREAS, the Borough believes the City is better equipped to coordinate and implement an areawide Emergency Management Program, and the Borough and the City believe it to be in the best interest of their citizens that the Borough contract with the City to provide emergency management services; NOW, THEREFORE, the parties hereto covenant and agree as follows: Section I. PURPOSE. It is the purpose of this Agreement to provide an economical mechanism to provide for the organization of a coordinated effort to the common defense and protect the public peace, health, and safety of the people of the signatory jurisdictions against the existing and increasing possibility of the occurrence of major emergencies or disasters, either man-made or from natural causes. Section 2. DEFINITIONS In this contract: A. "Emergency Management" means preparation for emergencies and disasters and the organization and coordination of emergency functions to mitigate, respond to, and recover from emergencies and disasters and aid community members suffering from injury, damage or displacement resulting from emergencies or disasters caused by all hazards, whether natural or man-made. B. "Emergency or Disaster" shall mean an event or set of circumstances which: KIB and COK MOA Emergency Management Services CityContract No. 2 G 40 4 Page 1 of 8 i. Immediate action will likely preserve public health, and protect life and property by providing relief to any stricken community overtaken by such occurrences that prove to be outside the normal operational capabilities of local emergency responders or; ii. Reaches such a dimension or degree of destructiveness as to warrant the Emergency Services Council to declare a state of emergency pursuant to the Kodiak EOP. C. "EOP" means the Kodiak Emergency Operations Plan which is a regional emergency preparedness and response plan adopted by the Emergency Services Council to guide emergency preparedness, mitigation, response, and recovery efforts, dated March 2018, or its successor document. Section 3. SCOPE OF AGREEMENT. The Emergency Management Work Plan, Attachment A to this Agreement, and as additionally stated herein, sets forth the parties' understanding of what each may do under this Agreement. This Agreement does not create, nor shall it be interpreted to result in, any duty owed to any person not a party to this Agreement and the Borough and City shall fully retain their respective authority and immunities and duties imposed by law without delegation or modification. Section 4. LIMITED COMPENSATION A. This Agreement does not provide for any compensation to the City for any municipal service, including any Emergency Management or emergency response, exercised or performed by the City, its officers, employees, or agents, outside the incorporated territory of the City of Kodiak. B. Solely as compensation for the City performing the services described in Attachment A, I.A. 1-8, the Borough shall pay the City fifty (5010) percent of the annual payroll costs for an Emergency Manager. All payments are subject to legislative appropriation. No additional compensation in excess of this amount may be claimed unless previously provided for by written amendment. Section 5. TERM OF AGREEMENT. The term of this Agreement is for a period of five (5) years and shall become effective on January 17, 2025 through January 16, Wunless earlier terminated pursuant to Section 8, Termination. The parties may review aad re e otiate terms and costs annually. Section 6. DUTIES & IMMUNITIES. Nothing in this Agreement shall affect any power, right, privilege or immunity afforded to the City or the Borough by A.S. Title 26, Chapter 09.65 or other applicable statute or municipal code or ordinance. Whenever an emergency responder from the Borough renders services under this KIB and COK MOA Emergency Management Services City Contract No. 1(o'tbt}f Page 2 of 8 Agreement within the City of Kodiak, it shall be deemed in response to a request from the City of Kodiak. Whenever an emergency responder from the City renders services under this Agreement within the Kodiak Island Borough but outside of the City of Kodiak, it shall be deemed in response to a request from the Kodiak Island Borough and the Kodiak Island Borough shall at all times retain operational control of its employees, notwithstanding that the Borough may allow the City to exercise such control on behalf of the Borough. Section 7. INSURANCE. A. The City shall provide liability insurance. Upon request, the City shall provide the Borough with evidence of the insurance coverage in force. If the Borough should conclude that the insurance coverage obtained by the City is inadequate to protect its interest, the Borough shall give the City written notice of its concerns and may request that the insurance coverage maintained by the City be broadened or increased in certain particulars. B. Any liability insurance policy obtained by either the City or the Borough shall contain a waiver of all subrogation claims against the other party. Section 8. AMENDMENT OR TERMINATION. Either party may terminate this Agreement with or without cause upon ninety (90) days' written notice to the other party. This Agreement may be amended by written agreement of the parties. Section 9. HOLD HARMLESS AND INDEMNIFICATION The Borough agrees to defend, indemnify and hold harmless the City against any and all liabilities, claims, demands, lawsuits, or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with this Agreement. Section 10. 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 Borough Manager 710 Mill Bay Road #125 Kodiak, AK 99615 Section 11. GENERAL CITY OF KODIAK City Manager 710 Mill Bay Road #114 Kodiak, AK 99615 Neither party may assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of the other party. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous KIB and COK MOA Emergency Management Services City Contract No. -'� b � b 4 Page 3 of 8 negotiations, proposals, commitments, writings, and understandings of any nature whatsoever. Any changes to this Agreement requested by either party may only be effected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. IN WITNESS WHEREOF, the parties have executed this contract on the date shown below: CITY OF KODIAK Josephine H. Oe Date Acting City Manager ATTEST: KODIAK ISLAND BOROUGH v��Q�2r t-1 1;WZ5 Aimee Williams Date Borough Manager ATTEST: Michelle Shuravloff-Nelso , MMC Q.ova Javier Date City Clerk t 1 A NNq h Clerk o c T KIB and COK MOA Emergency Management Services CityContract No. Page 4 of 8 Attachment A Emergency Management Work Plan During the term of the Agreement for Emergency Management Services, the City: A. Shall perform the following administrative and organizational services: I . Assign a single point of contact as the authorized representative for administration of this Agreement. The City's authorized representative for this Agreement is the City Manager or their designee. At this time, the City Manager's designee for this Agreement is the City Fire Chief. 2. Represent the Borough and the City with local state and federal partners on issues pertaining to Emergency Management. 3. In addition to public education presentations for City residents, provide public education presentations on emergency preparedness issues as requested by the Borough and as resources are available. 4. Coordinate emergency management training for City and Borough staff and/or officials as reasonably requested by the appropriate authorities and as resources are available. 5. Manage and coordinate the Local Emergency Planning Committee and from time to time update the Kodiak Emergency Operational Plan consistent with AS 26.23.073 and the Kodiak Hazard Mitigation Plan. 6. Meet with Borough staff on a quarterly basis to discuss Emergency Management issues, including but not limited to training, communication, past performance in emergencies or drills, etc. 7. Assist the Borough with applying for federal funds reimbursing costs expended responding to emergencies. The Borough shall hold the City harmless in the event that a grant application does not secure federal funding. Each entity will be responsible for compliance with the terms of grants it receives, and will hold the other entity harmless in the event that the grantee agency fails to comply with all grant terms. 8. Upon request from the Borough Manager, provide the Borough with copies of progress reports submitted for emergency management grants, including, but not limited to, the Emergency Management Performance Grant (EMPG), Homeland Security Grant Programs (HSGP), etc. B. Is authorized to: KIB and COK MOA Emergency Management Services CityContract No. 61t Page 5 of 8 1. Provide Emergency Management for Borough residents, twenty-four (24) hours per day, three hundred and sixty-five (365) days per year. 2. In accordance with the EOP, coordinate activities in the Emergency Operations Center (EOC) for any declaration of a disaster or emergency in the Borough or the City; or in support of any emergency incident that the Borough or the City requests such support; or that requires multi -agency response coordination. 3. In accordance with the EOP and the Emergency Services Director, provide warning and emergency public information during disasters or emergencies using available and appropriate City and Borough resources. The City cannot guarantee the availability of resources from other agencies or municipalities. 4. In accordance with the EOP, provide communication and general administrative assistance in the event of a declared disaster or emergency to the extent of the City's knowledge. II. During the term of the Agreement for Emergency Management Services, the Borough shall: Assign a single point of contact as the authorized representative for administration of this Agreement. The Borough's authorized representative for this Agreement is the Borough Manager or their designee. The Borough Manager's designee for this Agreement is the currently assigned Administrative Official. 2. The Borough shall support all City efforts to secure grant funds to compensate for the cost of providing emergency management services. Notwithstanding the above, the City shall have no obligation to provide to the Borough any funds it receives from federal agencies reimbursing costs expended by the City in responding to disasters or other emergencies as described in this Agreement; nor shall the Borough have any obligation to provide to the City any funds it receives from federal agencies reimbursing costs expended by the Borough in responding to disasters or other emergencies as described in this Agreement. 3. In accordance with the EOP, and in cooperation with the school district, provide facility managers for and access to Borough owned or operated buildings, including but not limited to the schools and recreation center for the purposes of sheltering and alternate care facilities during an emergency or for the purposes of exercise. 4. Coordinate and provide access to Borough owned or operated mass transit capabilities during an emergency or for the purposes of exercise. 5. Communicate with the City's Emergency Services Manager as appropriate in an emergency or for the purposes of an exercise. 6. Allow the City to coordinate and apply for State Homeland Security Program (SHSP), KIB and COK MCA Emergency Management Services City Contract No. �,&4(014 Page 6 of 8 Emergency Management Program Grant (EMPG) and Local Emergency Planning Committee (LEPC) grant monies on behalf of the Borough, the City, and the LEPC. 7. Upon request of the City, the Borough shall identify staff that may perform emergency management related activities as part of their duties and provide the City with information on salaries, benefits, and percentage of time that Borough staff performs these duties. These may or may not be the same Borough staff assigned to assist the City during activations of the Emergency Operations Center (EOC). Information provided will be incorporated into the City's Emergency Management Performance Grant (EMPG) applications and the funds received from the Department of Homeland Security/FEMA will be utilized to support the emergency management program. S. Assist the City with applying for federal funds reimbursing costs expended responding to emergencies. The City shall hold the Borough harmless in the event that a grant application does not secure federal funding. Each entity will be responsible for compliance with the terms of grants it receives, and will hold the other entity harmless in the event that the grantee agency fails to comply with all grant terms. KIB and COK MOA Emergency Management Services City Contract No. Z) ( " 6 1 L+ Page 7 of 8 Attachment B Map of the Kodiak Island Borough CQ t t Z'Ouzink' _I ons Kodiak7, 'n Gf Chiniak Akhiok� a e n - w TMp V ffiaadt 0 Ld=d' 4 �M KODIAK ISLAND BOROUGH upaaoea , 1 162c l s KIB and COK MOA Emergency Management Services City Contract No. lL 6it b 14 Page 8 of 8