FY2026-08 Memorandum of Agreement With Gail Otto To Have A Memorial Bench On KFRC LawnCONTRACTS TRANSMITTAL FORM
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DATE: 07/23/25 TRANSMITTED BY: Meagan Christiansen DEPT: Manager
CONTRACT NO.: FY 2026-08 VENDOR OR CONTRACTOR: Gail Otto
CONTRACT TITLE(Please provide details that are available such as purpose and/or the amount):
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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: 07/22/25
TYPE OF CONTRACT: Memorandum of Agreement
PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW:
MOA for Mrs. Otto to have a memorial bench installed on KFRC lawn
EXPIRATION OR REVIEW DATE: 07/23/2026 PURGE DATE: 07/23/2028
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it should be flagged for review:
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CHANGE ORDER, OR AN ADDENDUM TO AN EXISTING CONTRACT
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Rev. 04/09/2025
Fyd pp - o e
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is by and between the Kodiak Island Borough (KIB),
a general law municipality and a Borough of the second class, whose address is: 710 Mill
Bay Road, Kodiak, Alaska 99615 and Gail Otto, a resident of the Kodiak Island Borough
whose address is 1422 E. Rezanof Drive, Kodiak, Alaska 99615. In signing this
Memorandum, the parties indicate their mutual understanding regarding the installation of
a memorial bench on Kodiak Island Borough owned land.
WHEREAS the National Marine Fisheries service is the primary tenant in the Kodiak
Island Borough owned Kodiak Fisheries Research Center located at 301 Research Court in
Kodiak, Alaska; and
WHEREAS Robert Otto was a dedicated employee of the National Marine Fisheries
Service and maintained an office in the Kodiak Fisheries Research Center for many years;
and
WHEREAS Robert Otto passed away on December 25, 2022, and his wife, Gail Otto,
seeks to install a memorial bench on Borough land adjacent to his former office at the
Kodiak Fisheries Research Center; and
WHEREAS the Kodiak Island Borough currently lacks a memorial bench program; and
WHEREAS Gail Otto is coordinating with the City of Kodiak memorial bench program
to facilitate the purchase and installation of a memorial bench at this site.
NOW THEREFORE,
A. KIB grants Gail Otto the authority to have a memorial bench installed on the lawn
behind the Kodiak Fisheries Research Center, subject to the following ten -ns:
1. Gail Otto will coordinate with the City of Kodiak memorial bench
program for the purchase of program approved materials and installation
at the site.
2. The memorial bench will be placed within the area outlined in Exhibit A
and exact placement will be coordinated with Borough staff.
3. Gail Otto is wholly responsible for all aspects of the project, including
but not limited to administration, management, and costs.
4. The project shall be conducted in accordance with local, state, and
federal regulations.
5. This project is limited to those activities necessary for the installation of
a memorial bench at this designated site.
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6. Gail Otto shall be responsible for proper disposal of any debris resulting
from this work and will ensure that any land disturbed in excess of that
needed for the bench installation will be restored.
7. KIB will not be responsible for maintenance of any improvements
resulting from the above-described activities.
B. The parties agree to the following General Provisions:
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.
Amendments. Either 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. Hold Harmless and Indemnity. Gail Otto 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 her 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.
5. 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.
6. Ex ip ration. Unless sooner terminated as provided for in Section 2, this MOA,
and the Parties obligations under it, other than the indemnification provision
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in section 5, expire one year after the date signed below. The Parties,
however, may extend this MOA by mutual written consent.
By the signature of their duly authorized representatives below, the parties indicate that
they have reviewed this Memorandum of Agreement and acknowledge that it reflects their
mutual understanding of the matters set forth therein.
Kodiak Island Borough
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By: I —U yj
Aimee Williams, Borough Manager
Attest:
M-
Nova 7Yvier, CMC,Borou h Clerk
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Gail Otto
Date: H TLA L. -I 25
p►ND � ` �,
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Date:
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EXHIBIT
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