2015 Fire Contract•alml . , ,
This Agreement for Fire Protection Services Outside the City Limits ("Agreement") is made
as of the I" day of January, 2015, by and between the City of Salina, Kansas, (the "City") and
Walker, Michael B. Trust No. 1 (the "Owner").
Recitals
A. The City operates the Salina Fire Department, which provides, among other
things, public fire protection to the citizens of Salina, Kansas.
B. Owner owns certain real and personal property located outside of the city limits,
and has requested to receive certain fire -fighting services from the City, in the same manner and
to the same extent as if the Owner were a member of the general public and the Property were
located within the territorial limits of the city of Salina.
C. Pursuant to K.S.A. 80-1502, the City may enter into a fire protection contract with
any person or entity whose property is situated outside the city limits.
D. The City is willing to provide the requested fire -fighting services upon the terms
and conditions of this Agreement.
The parties, in consideration of the mutual promises set forth in this Agreement, agree
and covenant:
1. Provision of Fire-Fiehtine Services.
1.1. General. Pursuant to K.S.A. 80-1502, and subject to the terms and
conditions of this Agreement, the City agrees to furnish first response fire -fighting services to
protect the Owner's real and personal property located outside of the city limits at 1905 E. Iron
Avenue ("Property"). For purposes of this Agreement, the term "fire -fighting service" includes
only actual fire -fighting (structure, vehicle, and wild -land) services, together with smoke
investigations of potential fires. Incidents involving hazardous materials, carbon monoxide, fire
safety and code compliance inspections, water removal and other incidents not directly related to
actual confinement and extinguishment of fire are not covered by this Agreement.
1.2. Scone of Services. The City's responsibilities under this Agreement are
limited to furnishing first response fire -fighting services to the Property. Upon the arrival and
assumption of command by the rural fire department having jurisdiction over the Property, the
City's incident engagement under this Agreement shall be deemed automatically terminated.
Thereafter, any additional services furnished by the City shall be deemed furnished at the request
of the rural fire department.
1.3. Limitations on Response. The Owner acknowledges that the City's
maximum response to an incident under this Agreement, with all resources available, would
consist of one (1) incident commander, two (2) fire engines, one (1) ambulance, and one (1)
safety officer. Notwithstanding the foregoing, the fire chief or person in charge of the City's fire
department shall have the right in every case to determine whether or not the City can spare all or
any portion of its fire equipment and personnel at any particular time.
1.4. Standard of Service; Limitations of Liability. The parties acknowledge
and agree that the City shall perform all services under this Agreement in the same manner and
to the same extent as if the Owner were a member of the general public and the Property were
located within the city limits of the city of Salina. Accordingly, in the performance of services
hereunder, the City shall not be deemed to owe the Owner any special duties beyond those owed
to the general public in the performance of such services within the city limits, and the City's
performance of services hereunder shall be deemed conclusively to be for a public and
governmental purpose. The parties further acknowledge and agree that all of the immunities
from liability enjoyed by the City and its employees when acting for a public or governmental
purpose within the city limits shall be enjoyed to the same extent when so.acting under this
Agreement, including but not limited to those immunities afforded the City and its employees
under the Kansas Tort Claims Act, K.S.A. 75-6101, et seq.
2. Term. Renewal. The initial term ("Initial Term") of this Agreement shall be for
a period of one (1) year, beginning on January 1, 2015, and ending on December 31, 2015.
Thereafter, this Agreement will automatically renew on a calendar year-to-year basis (each, a
"Renewal Term"), so long as the annual fee prescribed in Section 3 below is paid to and accepted
by the City no later than the December 31st immediately prior to the next Renewal Term. Each
Renewal Term shall be on the same terms and conditions set forth in this Agreement, subject to a
potential change to the annual fee pursuant to Section 3 below. The Initial Term and all Renewal
Terms shall be collectively referred to as the "Term."
3. Compensation.
3.1. Initial Term. As compensation for services during the Initial Term, the
Owner shall pay an annual fee of $1,504.16, which shall be paid, in full, on or before February
28, 2015. Failure by the Owner to pay the annual fee, in full, by February 28, 2015 shall result
in immediate termination of this Agreement, and the Owner shall be responsible to pay the City
an amount equal to 1/6`h (2/12) of the total annual fee. If this Agreement is terminated by the
City pursuant to Section 5 before February 28, 2015, the Owner shall pay the City a prorated
portion of the annual fee based upon the number of days accruing prior to the date of
termination.
3.2. Renewal Terms. As compensation for services during each Renewal
Term, the Owner shall pay an annual fee equal to one hundred twenty-five percent (125%) of the
mill levy required to provide fire protection services within the limits of the city of Salina for the
year in which the Agreement is renewed, multiplied by the most recently available assessed
valuation of the Property (including land, improvements and personal property) for which fire
protection is to be furnished; subject however, to a maximum annual charge for any one tract of
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property in one ownership of twenty-five thousand dollars ($25,000.00). Payments shall be
prepaid, in full, on or before December 31" of the then current Term.
4. Owner's Responsibilities.
4.1. Roadways. The Owner shall maintain all -weather -type roadway(s)
leading to the Property for the City's use. All trees and foliage along and overhanging such
roadways shall be trimmed to provide adequate clearance for, and to prevent damage to, the
City's fire apparatuses (minimum 1 I -foot drive aisle clearance).
4.2. Access Gates. If the Property is protected by access gates, the gates shall
be outfitted with a KNOX entry system to allow for the City's entry.
4.3. Modifications to Property. The Owner shall notify the fire chief, in
writing, prior to making any structural modifications to the Property, or modifications to the
existing Property conditions, including but not limited to conditions related to water supply,
storage of materials on,.the premises, .or conditions creating unusually, dangerous conditions. for
first response fire -fighting forces.
4.4. Bum Permits. The Owner shall obtain a burn permit from the City prior to
any burning of brush, grass or tree piles. Any permitted outdoor burning shall be subject to the
KDHE outdoor burning rules.
4.5. Inspections. The Owner shall allow the City, upon request, to conduct fire
pre -planning inspections with access to all buildings.
5. Termination. This Agreement shall be deemed immediately terminated without
further notice, and the City shall pay to the Owner a prorated refund based upon the number of
months remaining in the then current Term, upon the occurrence of any of the following events:
A. The Owner's failure to cure a breach of any term, condition, or covenant of
this Agreement within ten (10) days after receipt of the City's written notice
to do so;
B. Upon the recommendation of the fire chief, the governing body finds it
contrary to the public interest for the City to continue to provide fire
protection service under this Agreement; or
C. The real estate covered by this Agreement is annexed to the city of Salina. „s
6. Applicable Law; Venue. This Agreement and its validity, construction and
performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or
interpret this Agreement, the sole and exclusive venue shall be in the Saline County, Kansas District
Court.
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7. No Third Party Beneficiaries. Solely the parties to this Agreement shall have
rights and may make claims under this Agreement. There are no intended third party beneficiaries
under this Agreement, and no third parties shall have any rights or make any claims hereunder.
8. Amendments. Neither this Agreement nor any of its terms may be changed or
modified, waived, or terminated except by an instrument in writing signed by an authorized
representative of the party against whom the enforcement of the change, waiver, or termination is
sought.
9. No Exclusivity. This Agreement does not create any exclusive rights in the
Owner regarding the City's provision of the services; and the City may provide such services to
other persons or entities as may be permitted by law.
10. Assienment. Neither the rights nor responsibilities provided for under this
Agreement shall be assignable by the Owner, either in whole or in part, without the prior written
approval of the city manager.
11. Waiver. No failure or delay by a party he to insist on the strict performance of
any term of this Agreement, or to exercise any right or remedy consequent to a breach"thereof, shall _
constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach
hereunder. shall affect or alter the remaining terms of this Agreement, but each and every term of
this Agreement shall continue in full force and effect with respect to any other then existing or
subsequent breach thereof.
12. Notices. All notices required or permitted to be given pursuant to this Agreement
shall be in writing and delivered personally or sent by registered or certified mail, return receipt
requested, or by generally recognized, prepaid, commercial courier or overnight air courier
service. Notice shall be considered given when received on the date appearing on the return receipt,
but if the receipt is not returned within five (5) days, then three (3) days after mailed, if sent by
registered or certified mail or commercial courier service; or the next business day, if sent by
overnight air courier service. Notices shall be addressed as appears below for each party, provided
that if any party gives notice of a change of name or address, notices to the giver of that notice shall
thereafter be given as demanded in that notice.
CITY: City Clerk
Attn: Larry Mullikin, Fire Chief
P.O. Box 736
Salina, KS 67402-0736
OWNER: Michael & PennyWalker
Michael B. Walker Trust No. 1
1905 E. Iron Avenue
Salina KS
13. Severability. The unenforceability, invalidity, or illegality of any provision of this
Agreement shall not render the other provisions unenforceable, invalid, or illegal.
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14. Authority and Consent to Transaction. Each party represents to the other that
the person executing this Agreement has full and legal authority to bind such party to the terms
of this Agreement, and that the execution and delivery of this Agreement have been duly and
validly authorized by each party.
15. Mereer Clause. These terms are intended by the parties as a complete, conclusive
and final expression of all the conditions of their Agreement. No other promises, statements,
warranties, agreements or understandings, oral or written, made before or at the signing thereof,
shall be binding unless in writing and signed by all parties and attached hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their authorized representatives.
CITY OF SALINA, KANSAS
By: ' / `�.
Jai n A. Gage, City NlAnager
Form:
e Co el
Walker, Michael B. Trust No. 1
M i ,cL0.e V, Wa-( k e,/, (name)
/'✓ 5-�2e— (title)
Ckyof City of Salina
12/15/2014 P.O. Box 736
cc Salina, Kansas 67402-0736
sada 1d
liescnotton ** RRPRTNT **
FIRE PROTE FIRE PROTECTION SERVICES 1905 E IRON AVE
100-020 468.000
Received from:
MIKE & PENNY WALKER
CHECK 3402 $1,504.16
Receipt No. 000142348
ORRMUTHM
1,504.16
00
$1,504.16