FY2023-01 Animal Control Contract for KIBContract # 255905 :N 207_3-V
ANIMAL CONTROL CONTRACT
Between the
CITY OF KODIAK
and the
KODIAK ISLAND BOROUGH
THIS AGREEMENT is made and entered into by and between the KODIAK ISLAND
BOROUGH, hereinafter "KIB" and the CITY OF KODIAK, hereinafter "CITY." in consideration
of the mutual promises contained herein and shall be effective July 1, 2022, as specified herein.
WHEREAS, the KIB adopted Ordinance No. 86-16-0(A) authorizing the control of animals
outside of cities for the purpose of protecting the public health and safety; and
WHEREAS, the KIB wishes and is authorized to contract for animal control service by
Kodiak Island Borough Subsection 6.04.200(C); and
WHEREAS, the CITY is willing to provide said services to the KIB.
NOW, THEREFORE, the parties hereto covenant and agree as follows:
Section 1. DEFINITIONS.
In this contract:
A. "KIB" means the Kodiak Island Borough.
B. "Animal Code" means Chapter 6.04 of the Kodiak Island Borough Code and any
amendments thereto.
C. "Animal Shelter" means the City of Kodiak Animal Shelter.
D. "Chief Animal Control Officer" means the Kodiak Island Borough Manager or his/her
designee.
E. "Complaint" means a request to the CITY for service or services.
F. "CITY" means City of Kodiak, its agents and employees.
Section 2. SCOPE OF SERVICES.
A. The CITY shall provide non -law enforcement personnel and resources to enforce KIB
animal control related codes and ordinances. and provide a facility to perform those animal
control services set forth in this contract.
Section 3. ENFORCEMENT AND COMPLAINT RESPONSE; ANIMAL CONTROL
OFFICER(S).
A. The CITY shall employ an Animal Control Officer (ACO) who shall respond to complaints
in the Kodiak Island Borough in the following priority: (1) Kodiak Police Department and
Alaska Troopers emergency calls: (2) quarantine violations; (3) dog bites or aggressive
dogs; (4) injured animals; (5) cruelty to animals; (6) trapped animals; (7) loose animals;
(8) animal noise complaints; and (9) patrol of neighborhoods experiencing animal nuisance
problems.
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B. The ACO will patrol and respond to complaints originating within the communities of
Monashka Bay, Spruce Cape, and Woman's Bay. The ACO will respond to complaints
originating within the communities of Anton Larson, Chiniak, and Pasagshak. The ACO
will not patrol or respond to areas off the road system.
C. ACO may issue citations for subject violations of the Animal Code, participate in the
prosecution of such citations, and investigate and prepare reports regarding serious code
violations. The ACO shall impound stray dogs and other domestic animals which are
subject to impoundment; when necessary, bring animals into the Animal Shelter under
protective custody; enforce the quarantine of animals that have bitten persons; inspect, for
sanitary conditions, premises where animals are kept; participate in administrative
hearings; and generally assist, in a professional manner, citizens and other law enforcement
agencies who have requested help with animal problems.
D. The CITY shall provide around -the -clack, seven -days -per -week telephone answering
service to accept and record animal complaints and calls from the public.
E. The CITY shall use its best efforts to respond in a timely manner to all calls of an
emergency nature (e.g., vicious animals, cruelty to animals, trapped animals) received.
P. ACO patrols and non -emergency response services shall be made available to the public
on a regular basis
Section 4. CARE, REDEMPTION, ADOPTION, AND DEPOSITION OF ANIMALS.
Care. redemption, adoption, and deposition of animals and hours of Animal Shelter operation shall
coincide with those established by the CITY, as a municipal government, for Animal Control
operations presently administered within the city limits.
Section 5. INSURANCE.
A. The CITY shall provide insurance coverage in the following amounts:
a. Workers' Compensation insurance as required by AS 23.30.045 or any other applicable
statutes or regulations.
b. General Liability insurance with a minimum of $10,000,000 per occurrence and/or
aggregate combined single limit, personal injury, bodily injury, and property damage.
c. Vehicle Liability insurance including applicable uninsured/underinsured coverage,
with limits of liability of not less than a minimum of $1,000,000 per occurrence
combined single limit bodily injury and property damage.
B. The following shall be Additional Insureds: The KIB, including all elected and appointed
officials, all employees and volunteers, all boards, commissions and/or authorities and their
board members, employees and volunteers. This coverage shall be primarily to the KIB,
and not contributing with any other insurance or similar protection available to the KIB,
whether other available coverage be primary, contributing, or excess.
C. To the extent allowed by law and subject to appropriation, KIB and City each hereby
releases and agrees to defend, indemnify, and hold the other party, elected and appointed
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officials, employees, contractors, and volunteers harmless from and against all claims,
demands, causes of action, suits, damages, liabilities, losses, and expenses including
court costs and reasonable attorney's fees, and all loss, damage, injury. or death resulting
to the indemnifying parry's property, subcontractors, or personnel, arising out of or in
connection with the services, or the performance of this agreement, whether or not such
loss, damage, injury, or death is alleged to be due to the act, omission, negligence
(whether contributory, joint, or sole) fault or strict liability of the indemnified party.
In no event shall either party be liable to the other for indirect, special, incidental or
consequential damages, including, but not limited to, loss of profits, loss of use of assets
or loss of product or facilities downtime.
D. A sixty (60) day Notice of Cancellation or Change, Non -Renewal, Reduction and/or
Materials Change shall be sent to the KIB at the address indicated in Section 11 (Notices)
of this agreement.
E. The CITY shall provide evidence of coverage, with endorsements, to the KIB at the time
that the contract is executed, as listed below:
Certificate of Workers' Compensation Insurance
Certificate of General Liability Insurance
Certificate of Vehicle Liability Insurance
F. If any of the above coverage is amended or expires during the term of the contract, the
CITY shall deliver renewal certificates and/or policies to the KIB at least ten (10) days
prior to the expiration date.
The CITY shall not commence operations under this agreement until it has obtained the
coverage required under the terms of this agreement. All coverage shall be with insurance
carriers licensed and admitted to do business in the State of Alaska. All coverage shall be
with carriers acceptable to the KIB.
If the CITY fails to comply with the insurance requirements of this agreement, the KIB
may terminate the agreement on ten (10) days written notice. The CITY covenants to
maintain all insurance policies required in this agreement for the period of time in which a
person may commence a civil action as prescribed by the applicable statute of limitations.
The coverage required by this agreement shall cover all claims arising in connection with
the CITY activity authorized under this agreement, whether or not asserted during the term
of this agreement and even though judicial proceedings may not be commenced until after
this agreement expires.
Section 6. LICENSING.
A. The CITY shall administer the licensing of individual dogs as stated in the Animal Code
and in the KIB fee schedule.
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B. The CITY shall post a public notice in the Animal Shelter lobby. as well as provide periodic
newspaper and public service announcements, stating that all dogs over three months of
age must be licensed.
C. All tags, certificates, and other supplies necessary for licensing will be provided by the
CITY.
Section 7. CUSTOMER SERVICE.
The CITY will publish hours for public access to recover or adopt animals five days per week, and
have available emergency response capability to access the Animal Shelter on a twenty-four (24)
hour per day basis.
Section 8. FEE COLLECTION.
A. The CITY shall collect any licensing fees authorized by the Animal Code and periodically
transfer the amount collected to the KIB.
B. Kodiak Island Borough may conduct a periodic auditor review of the CITY's fee collection
process.
Section 9. CONTRACT TERM.
This contract is effective from July 1, 2022 through June 30, 2024, and the parties may review
and renegotiate terms and costs annually.
Section 10. CONTRACT ADMINISTRATION AND MANAGEMENT.
A. The KIB Community Development Department shall administer this contract on behalf of
KIB.
B. The Kodiak City Manager shall administer this contract on behalf of theCITY.
Section 11. 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 CITY OF KODIAK
Borough Manager City Manager
710 Mill Bay Road #125 710 Mill Bay Road #220
Kodiak, AK 99615 Kodiak, AK 99615
Section 12. INSPECTION AND RETENTION OF RECORDS.
The CITY shall maintain an accounting and documentation of expenditures and shall allow KIB
to examine such records as well as any of the CITY's records with respect to animal control matters
at all times during normal business hours and as often as KIB may deem necessary, includingthe
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City's approved records retention period after the termination of this contract. The CITY shall
permit KIB to audit, examine, and make copies, and/or excerpts or transcripts from such records
and to audit all invoices, materials, payrolls, records or personnel, and other data relating to any
matter covered by this contract. The CITY shall maintain all of its records pertaining to this
contract for a period of not less than two years after termination of this contract.
Section 13. BUDGET AND REIMBURSEMENT OF EXPENSES.
A. Upon condition of satisfactory performance in all respects by the CITY and subject to the
remainder of this section, KIB shall pay the CITY a sum of $ 150,430 for year one and
$1.52,310 for year two. The compensation shall be paid in advance in semi-annual
installments, July 1 and January 1.
B. The CITY and KIB shall separately assume any legal costs associated with animal control
enforcement within their respective areas of jurisdiction.
C. The KIB shall be responsible for direct costs associated with the transportation, lodging,
feeding, and veterinarian services for animals outside the CITY that cannot be transported
by the Animal Control Officer and or are not able to be lodged at the Kodiak Animal
Shelter, provided prior written approval has been obtained from KIB.
Section 14. AMENDMENT OR TERMINATION.
This Agreement will become effective July 1, 2022, and continue in force until June 30, 2024,
except that, in addition to the termination provisions in Section 6.F. (Insurance), it may be
terminated by either party upon thirty (60) days written notification to the other. The City will
refund any prepaid amount within ten days of termination, on a pro -rata basis. This Agreement
may be amended by written agreement of the parties.
IN WITNESS WHEREOF, the parties have executed this contract on the date and at the
place shown below:
CITY OF KODIAK
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Mike Tvenge, CiO Manager
ATTEST:
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Michelle Shuravloff= lson, City Clerk
KODIAK ISLAND BOROUGH
Dave Conrad, Interim Borou M
ATTEST:
Ar Nava Javier, Borough
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