FY2024-24 Hold Harmless Agreement between KIB and COKContract No. FY2024-24
HOLD HARMLESS AGREEMENT
This Hold Harmless Agreement (Agreement) is made effective on July 14, 2023, between the
Kodiak Island Borough (KIB) and the City of Kodiak.
WHEREAS, the City of Kodiak desires to use KIB property located at 1915 E. Rezanof Drive, Kodiak, Alaska
99615 (Property) to use a retaining wall for Firefighter training, including repelling training; and,
WHEREAS, in exchange for making the Property available to the City of Kodiak for such purposes, the City
of Kodiak desires to hold harmless KIB from any claims and/or litigation arising out of the City of Kodiak's
use of the Property.
NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, KIB and
City of Kodiak hereby agree as follows:
TERMS
1. The KIB agrees to allow the City of Kodiak to use the retaining wall located on the KIB Property,
for firefighting training, including repelling training. The training shall not include live fire training.
The term of this agreement is beginning July 14, 2023, and ending June 30, 2024, unless sooner
terminated.
2. Either party may terminate this Agreement on 15 days' notice. Provided, however, that the City
of Kodiak obligations for repairing any damage under Section 3 and to hold harmless and
indemnify the KIB as required in section 4 shall survive termination of this Agreement.
3. The City of Kodiak agrees that it will not damage the retaining wall, and if damage occurs will
repair that damage, leaving the retaining wall in as good a condition as before the City of Kodiak
use.
4. Hold Harmless and Indemnification. The City of Kodiak shall fully defend, indemnify, and hold
harmless KIB, its officers, officials, employees, and agents, from any and all claims, lawsuits,
demands, causes of action, liability, loss, damage and/or injury of any kind whatsoever (including
without limitation all claims for monetary loss, property damage, equitable relief, personal injury
and/or wrongful death), whether brought by an individual or other entity, or imposed by a court
of law or by administrative action of any federal, state, or local governmental body or agency,
arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on
the part of the City of Kodiak, its officers, owners, personnel, employees, agents, contractors,
invitees, or volunteers. This indemnification applies to and includes, without limitation, the
payment of all penalties, fines, judgments, awards, decrees, attorney fees, and related costs or
expenses, and any reimbursements to KIB for all legal fees, expenses, and costs incurred by it.
5. The City of Kodiak shall maintain insurance policies covering worker's compensation, property
damage, general liability including personal injury claims in commercially reasonable amounts.
6. Signatures. This Agreement shall be signed on behalf of Kodiak Island Borough by Aimee Williams,
Manager, and on behalf of the City of Kodiak by Frank Domer, Fire Chief, and effective as of the
date first written above.
Kodiak Island Borough
gy; VW' j: AtWr
Aimee Williams, Manager L-1 SLAL-Z'S
TTEST
Nova M. Javier, MC
Borough Clerk
DATE:
City of Kodiak
By:
Frank Dorner, Fire Chief
7 -,IA -23