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FY2019-06 Service Agreement with the City of Kodiak to provide for animal control servicesTHIS 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, 2018, 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: C=159TiiA�7�yl� IY �GPF� 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. The CITY shall provide non -law enforcement personnel and resources to enforce KIB animal control and related codes and ordinances, supplies, equipment, and a facility to perform those animal control services set forth in this contract. Animal Control Services City Record No. 237761 Pagel of 6 MEMORANDUM OF AGREMENT Between::ry KODIAK ISLAND BOROUGH and CITY OF KODIAK for ANIMAL CONTROL SERVICES 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, 2018, 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: C=159TiiA�7�yl� IY �GPF� 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. The CITY shall provide non -law enforcement personnel and resources to enforce KIB animal control and related codes and ordinances, supplies, equipment, and a facility to perform those animal control services set forth in this contract. Animal Control Services City Record No. 237761 Pagel of 6 Section 3. ENFORCEMENT AND COMPLAINT RESPONSE; ANIMAL CONTROL OFFICER(S). A. The CITY shall employ Community Service Officer(s) (CSO)/Animal Control Officer(s) (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 vicious 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. B. The CSO/ACO will patrol and respond to complaints originating within the communities of Monashka Bay, Spruce Cape, Anton Larsen, Womans Bay, Chiniak, and Pasagshak. The CSO/ACO will not patrol or respond to areas off the road system. C. CSO/ACO(s) shall 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. CSO/ACO(s) shall impound stray dogs and other 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, while responding to a complaint; administer first aid to animals; participate in administrative hearings at the request of the Chief Animal Control Officer; 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-clock, seven -days -per -week telephone answering service to accept and record animal complaint and information calls from the public. E. The CITY shall use its best efforts to respond in a timely manner to all complaint calls of an emergency nature (e.g., vicious animals, cruelty to animals, trapped animals) received. F. Patrol and non -emergency CSO/ACO response service 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. The CITY will provide the facility and furnishings, patrol vehicles, operating supplies, and insurance. 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. Animal Control Services City Record No. 237761 Page 2 of 6 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 release and agree to defend, indemnify, and hold the other party, elected and appointed 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 party'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. Animal Control Services City Record No. 237761 Page 3 of 6 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. 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 Kodiak Island Borough licensing fees authorized by the Animal Code and periodically transfer the amount collected to the KIB. B. Kodiak Island Borough may conduct a periodic audit or review of the CITY's fee collection process. Section 9. CONTRACT TERM. This contract is effective from the date of execution through June 30, 2020 and the parties may review and renegotiate terms and costs annually. Section 10. CONTRACT ADMINISTRATION AND MANAGEMENT. Animal Control Services City Record No. 237761 Page 4 of 6 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 the CITY. 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 #114 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, including the 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 $115,800.00 for year one and $118,700 for year two. The compensation shall be paid in advance in semi-annual installments, July 1 and January 1, and be prorated in the first year to reflect the late start of the contract. 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. Animal Control Services City Record No. 237761 Page 5 of 6 This Agreement will become effective July 1, 2018, and continue in force until June 30, 2020, except that, in addition to the termination provisions in Section 6.F. (Insurance), it may be terminated by either party upon thirty (30) 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 Mike Tvenge, City M Hager ATTEST: Marlar, MMC, City ClerkAND Animal Control Services City Record No. 237761 Page 6 of 6 KODIAK ISLAND BOROUGH Michael Powers, Borough Manager ATTEST: Clerk