FY2025-48 E911 Agreement between City of Kodiak and KIBCONTRACTS 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. Active records are kept by the corresponding department.
Apply retention (plus 4 years) once contract or agreement expires, or once product is procured. Apply retention
(plus 25 years) for agreements that involve real property.
DATE: 03/03/2025
DEPARTMENT: Manager
REQUESTED BY: Aimee Williams
CONTRACT NO.: T`I o102-5 - L% g'
VENDOR OR SERVICE PROVIDER: City of Kodiak / KIB
CONTRACT TITLE: e911 Agreement between City of Kodiak and KIB
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: Administrator DATE OF APPROVAL: 3/3/25
_.
TYPE OF CONTRACT:, -•arc
PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW:
none
EXPIRATION DATE: 11/30/2029
PURGE DATE: 11/30/2034
If there is no expiration/purge date, enter 9999 as the year for open-ended contracts AND explain the
process below on how or when it should be flagged for review.
FILL OUT BELOW IF THE RECORD AMENDS, EXTENDS, IS A CHANGE
ORDER TO A CONTRACT, OR IS AN ADDENDUM TO A CONTRACT
DATE:
CONTRACT NO.:
APPROVED BY: Select One
REQUESTED BY:
CATEGORY: Select One
TYPE OF CONTRACT: Select One
PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW:
EXPIRATION DATE:
PURGE DATE:
If there is no expiration/purge date, enter 9999 as the year for open-ended contracts AND explain the
process below on how or when it should be flagged for review.
Y:\U - RECORDS\FORMS\20240802 Contracts Transmittal Form.docx Rev. 08/02/2024
MEMORANDUM OF AGREEMENT
Between
KODIAK ISLAND BOROUGH and CITY OF KODIAK
For
PROVISION OF E-911 OPERATION AND MAINTENANCE SERVICES
THIS AGREEMENT is made and entered into by and between the City of Kodiak, (hereinafter "City"), and
the Kodiak Island Borough, (hereinafter "Borough") and shall be effective December 1, 2024, as specified
herein.
WHEREAS, the Borough is authorized to impose an Enhanced 911 (hereinafter "E-911") surcharge
pursuant to AS 29.35.131 and Kodiak Island Borough Resolution No. 95-45. Since January 1, 1996,
telephone companies providing local service have collected a monthly surcharge per local exchange
access line, and also on wireless telephone accounts with local billing addresses (KIB Resolution No.
FY2018-05) and has remitted the funds so collected to the Borough; and
WHEREAS, 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 (PSAP), which is the City dispatch at the Kodiak
Police Department, to support fire, local emergency medical service and law enforcement agencies;
and
WHEREAS, the City is responsible for the operation and maintenance of the enhanced 911 System
equipment and software used to provide E-911 services to all citizens with local wireless telephones
and local telephone exchanges or any local 911 call. The City is also responsible for the payment of
monthly preventative maintenance charges, monthly equipment maintenance charges, and a
monthly access line charge. Other operational and maintenance expenses include labor,
equipment and software;
NOW THEREFORE, the parties hereto covenant and agree as follows.
ARTICLE I
Section 1. 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 E-911 System.
Section 2. Term of Agreement
The term of this Agreement is for a period of five (S) years and shall become effective on December 1,
2024 through November 30, 2029, unless earlier terminated pursuant to this section. The current
agreement, which is effective on September 21, 2021, is on a month-to-month basis and shall continue
until a new agreement is signed.
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Section 3. Notices
Any notice required by this Agreement is not effective unless in writing to the appropriate party at the
following addresses or to any other address which the parties subsequently designate in writing.
CITY OF KODIAK
City Manager
710 Mill Bay Road #114
Kodiak, AK 99615
Section 4. Insurance
KODIAK ISLAND BOROUGH
Borough Manager
710 Mill Bay Road #125
Kodiak, AK 99615
1. 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 shall request that the insurance coverage maintained by the
City be broadened or increased in certain particulars.
2. Any liability insurance policy obtained by either the City or the Borough shall contain a waiver of
all subrogation claims against the other party.
3. 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 S. Amendment or Termination
Either party may terminate this Agreement upon sixty (60) days' written notice to the other party. This
Agreement may be amended by written agreement of the parties.
Section 6. Hold Harmless and Indemnification
Each party shall defend, indemnify and hold harmless the other from liability or any claim, demand or
suit arising because of said party's negligence. Each party shall promptly notify the other of any such
claim.
Section 7. 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.
Section S. Miscellaneous
1. 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
KIB & COK MOA E-911 System Page 2 of 4
City Record No. 264209 / Borough Record No. ___
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 party to the Borough for the provision of E-911
services.
2. 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.
3. 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.
Section 9. 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
modifications or amendments of this Agreement is effective unless in writing and signed by both parties.
ARTICLE II
In furtherance of this Agreement, the Borough shall reimburse all 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 currently contracts with Alaska Communication Systems (ACS), for E-911
maintenance services; however, the provider for such services is subject to change.
c. The City will review with the Borough all anticipated equipment and software upgrade and
replacement needs for the E-911 System on an annual basis.
Terms of Payment
a. The Borough will collect and account for the monthly E-911 surcharges received from
telephone companies providing local service.
b. The Borough will submit the monthly E-911 surcharge reports collected to the City.
c. The Borough will remit to the City the E-911 surcharges collected, less allowable costs (per
AS 29.35.131.1), on a quarterly basis in January, April, July and October.
d. The Borough will submit an income statement and balance sheet of their E-911 service fund
on a quarterly basis in January, April, July and October.
e. The City shall provide a written report to the Borough detailing the income and expenses of
the fiscal year on a quarterly basis in January, April, July and October.
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City Record No. 264209 / Borough Record No.
f. The Borough and the City shall review the E-911 surcharge and related expenses annually to
determine whether the current level of the surcharge is adequate, excessive, or insufficient
to meet anticipated E-911 system needs (per AS 29.35.131.a.)
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date shown below.
CITY OF KODIAK
Josephin Ie) H. Bahnke, Acting City Manager
Date: s 5
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Michelle Shuravl Ison, MMC, City Clerk
Date: 31325
KIB & COK MOA E-911 System
City Record No. 264209 / Borough Record No.
KODIAK ISLAND BOROUGH
Aimee Williams, Borough Manager
Date: 21 FED 25
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