Utilities Service Contract Air Force 1966OHPARTMHNT. f CONTRACT NUMBER
NEGOTIATED UTILITIES SERVICE -CONTRACT
U: Si lir :orce 1AF 14(612)•1590
THIS CONTRACT, entered into as of 15 April 1966 by and between
the UNITED STATES OF AMERICA, hereinafter called the Government, and the City Of Salina,. K=ao
of Katloas
e corporation organised and existing under the laws of the State
hereinafter called the Contractor, WITNESSETH, that the
tractor agrees to furnish, and the Government agrees to purchase and receive, required watet and sewage
service, beginning on 15 April
a:, saecif od'sad PIL ec dalxse with ibit "Ao it rCX and rrDu
19 and thereafter
attached hereto and made a part
IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year first above written.
UNITED STATES AI\O.,,RICA
\OF
ay, .`-\
�C
`ll NAT H OI OMTRACTING OFFICER DATE
0^aFM D. Mn =, Capt,
USU
TYPED NAME OF CONTRACTING OFFICER
City of Salina, Ktlnsao
XAMH OIC NTR ACT OR
j
HY
oNATVR['
DATE
R. M. Stark, Mayor _
TYPED NAME
Tule M-yor, City of Salina,
Kansas
This contract is segotlated purament to the authority of 10 U.S.C. 2304(a) ( 3 ).
Appropriations chargeable: I1b=
Estimated annual coat: Iwbac
FORMY1e6671 PREVIOUS EDITIONS ARE OBSOLETE.
MA
SPECIAL PROVISIONS
Fa, "A
WITNESSETH
Whereas in connection with the phase -down and closing of Schilling
Air Force_ Base, Salina, Kansas, the General Services Administration
will, subject to approval by the United States Air Force, deed and
turn over to the Salina Air Port Authority certain water production
and water treatment plants and certain sewage treatment facilities
together with their associated distribution systems and appurtenances;
and
Whereas the Salina Air Port Authority will, when authorized and em-
powered to do so, lease or dedicate to the City of Salina, the aforemen-
tioned water and -sewage facilities and associated distribution systems;
and
Whereas the United States Government and the City of Salina, pending
occurrence of the above mentioned events and for some time beyond,
are desirous of entering into certain mutually beneficial arrange-
ments respecting the operation of the water and sewage facilities
and the operation and maintenance of the associated distribution
systems;
Now, therefore, in consideration of the mutual promises to be
hereafter undertaken, it is hereby agreed, by and between parties
as follows:
1. The United States Government, in consideration for certain
benefits to be conferred on it by the City of Salina as set forth
in the paragraph below, will, at its expense, operate and maintain
the water production and treatment plant and the sewage treatment
plant until such time as these facilities together with their associ-
ated distribution systems are deeded to and turned over to the Salina
Air Port Authority.
2. The City of Salina ibill, as consideration to the Government,
for the use of its water and sewage distribution systems, operate
and maintain at its expense, the Government distribution systems in
a manner so as to.render adequate.service-to.all users. The City of
Salina shall have no obligation to make capital additions, betterments,
enlargements -and extensions or retirements to the Government distri-
bution system on behalf of the'Government. The City of Salina will,
however, maintain the distribution•system,and, at its•expense, make,
all necessary replacements and repairs.
Contract AF 14(612)-1590, Page 1 of 3 Pages
41
.
3. The water and sewage distribution systems which the city
has undertaken herein to operate, repair and maintain are as follows:
The water and sewage distribution lines and appurtenances
running from the aforementioned plants and facilities and comprising
that main distribution system as shown on the attached drawings
labelled Exhibits B, C and D; excluding, however, the water and
sewage distribution systems lying within and serving the Capehart
Housing Area.
4. The City of Salina, will, upon undertaking the operation
and maintenance of the distribution systems specified herein, dis-
tribute and serve directly, except as otherwise provided, the various
commercial occupants and tenants presently located or to be located
within the confines of the geographical area currently known as
Schilling Air Force Base at rates to be determined by the City of
Salina.
5. The term of this agreement will commence on the date signed
by the Parties hereto and continue in effect until the General Services
Administration or Air Force Caretaker Package is completely phased out.
a. During the term of this agreement, water and sewage
service shall be furnished to those facilities comprising the Care-
taker Package free of charge and at no cost to the Government.
b. From the commencement of this agreement and until the
time the water and sewage plants and their associated distribution
systems are formally turned over to the Salina Air Port Authority
and by that authority to the City of Salina, all United States
Government agencies shall receive water and sewage service free of
charge and at no cost.
c. On and after the date the City of Salina receives from
the Salina Air Port Authority the water and sewage facilities, all
customers, except those customers comprising the Caretaker Package,
shall take service and pay for such service at rates to be determined
by and between the City of Salina and their various customers.
6. Neither party shall be considered to be in default in respect
of any obligation under this agreement if prevented from fulfilling
such obligation by reason of uncontrollable force. The term "uncon-
trollable force" shall be deemed for the purposes hereof to include,
among others, such causes as failure of equipment, flood, earthquake,
storm, lightning, wind, fire, explosion, epidemic, impact of war or
mobilization, national emergency, riot, civil disturbance, labor
disturbance, strike, sabotage, collision, order by court or public
authority having jurisdiction, or other causes beyond the control of
Contract AF 14(612)-1590, Page 2 of 3 Pages
the party affected, without limit to specification herein, and which
by the exercise of due diligence and foresight could not reasonably
have been avoided. Either party unable to fulfill any obligation by.
reason of uncontrollable force shall remove said inability with reason-
able dispatch, except that any labor disturbance may be settled at the
discretion of the party affected thereby. .
Contract AF 14(612)-1590, Page 3 of 3 Pages