AGREEMENT BETWEEN THE CITY OF OVERLAND PARK, KANSAS AND JOHNSON COUNTY FIRE DISTRICT NO. 2 (RURAL), FOR THE RECIPROCAL PROVISION OF FIRE PROTECTION AND RELATED EMERGENCY FIRST RESPONSE AND RESCUE SERVICES, TO CERTAIN AREAS WITHIN THE CITY OF OVERLAND PARK AND TO CERTAIN AREAS OF UNINCORPORATED JOHNSON COUNTY. THIS AGREEMENT, made and entered into this day of, 20, by and between the CITY OF OVERLAND PARK, KANSAS, a municipal corporation created and existing under the laws of the State of Kansas (hereinafter, the City ) and JOHNSON COUNTY FIRE DISTRICT NO. 2 (RURAL), a public entity to wit: a fire district organized and existing under the provision of K.S.A. 19-3613, et seq., (hereinafter, the Fire District ). WITNESSETH: WHEREAS, Fire District is engaged in providing fire protection and related emergency first response and rescue services (hereinafter, Fire Protection Services ) within the territory of the Fire District, and other outlying areas; and WHEREAS, City wishes the Fire District to provide Fire Protection Services within a certain area of the corporate limits of City commonly referred to as the Arboretum and Kemper Farm, as set forth in Exhibit A attached hereto and incorporated by reference herein; and WHEREAS, City is engaged in providing Fire Protection Services within the corporate limits of City and other outlying areas; and WHEREAS, Fire District wishes the City to provide Fire Protection Services within certain areas of unincorporated Johnson County, these areas being within the territory of the Fire District; as set forth in Exhibit A; and WHEREAS, the parties are authorized by K.S.A. 19-3617 and 19-3621 to contract for these reciprocal services; NOW, THEREFORE, in consideration of the above recitals, the mutual covenants and agreements herein contained, and for other good and valuable considerations, the parties hereto agree as follows: -1-
1. Purpose Of Agreement. The City and Fire District have determined to enter into this Agreement for the express purpose of memorializing their mutual understandings and respective obligations and responsibilities in the provision of reciprocal Fire Protection Services to the citizens of the City and citizens in the referenced areas of unincorporated Johnson County. 2. Responsibilities Of The Parties CITY will: A. Provide Fire Protection Services to the inhabitants and property located within that portion of Fire District as shown on the map marked Exhibit A. B. Respond one pumper, one aerial and one chief officer on all reported structure fires within the area designated in paragraph (A) above and shall respond one ALS ambulance or one pumper on all medical calls within the designated area. For all fires, other than structure fires as provided for above, the City will respond with equipment appropriate for the call. C. Maintain a reasonably sufficient staff to provide the agreed upon services. D. Have exclusive control and decision-making authority for the tactical implementation of the Fire Protection Services to be provided herein. FIRE DISTRICT will: A. Immediately notify the City of the reduction or removal of any of the geographic territory of Fire District that the City has agreed to cover in paragraph (A), above. If any or all of the portion of the area the City has agreed to provide fire and ambulance services to is no longer within the geographic boundaries of Fire District, the City shall immediately cease providing fire services in those areas. B. Provide primary Fire Protection Services to the area within the City as shown on the map marked Exhibit A. C. Respond two pumpers and one tanker on all reported structure fires -2-
within the area designated in paragraph (B) above and shall respond one BLS ambulance or one pumper on all medical calls within the designated area. For all fires, other than structure fires as provided for above, the Fire District will respond with equipment appropriate for the call. D. Maintain a reasonably sufficient staff to provide the agreed upon services. E. Have exclusive control and decision-making authority for the tactical implementation of the Fire Protection Services to be provided herein. 3. Insurance It is understood and agreed by the parties hereto that the City s contract Fire Service provider and the Fire District shall secure and maintain, throughout the duration of this Agreement, insurance of such types and in at least such amounts as required herein. Each party (hereinafter the "insured") shall provide to the other certificates of insurance and renewals thereof evidencing such coverages, and shall be notified by receipt of written notice from the other party's applicable insurer at least thirty (30) days prior to material modifications or cancellation of any policy listed on their respective certificates. General Liability: Type of Coverage: Commercial General Form: Occurrence Limits of Protection: $500,000 Bodily Injury/Property Damage $1,000,000 General Aggregate Conditions Included: Personal Injury Products/Completed Operations E.M.T. Medical Malpractice Automobile: Form: Business Auto Automobiles Covered: Any Auto Limits of Protection: $500,000 Combined Single Limits Conditions Included: Hired and Non-owned Liability -3-
Workers' Compensation: Coverage: Statutory Employers Liability: Bodily Injury by Accident $100,000 each accident Bodily Injury by Disease $500,000 policy limit Bodily Injury by Disease $100,000 each employee Conditions: Voluntary Compensation The insured shall carry errors and omissions insurance for limits of $1,000,000.00 each claim and $1,000,000.00 aggregate. Each insured shall provide the other insured with evidence of such insurance coverage, and any and all renewals thereof, in the form of a certificate of insurance. Insurance coverage will only be accepted from an insurance carrier who offers proof that it: a. Is licensed to do business in the State of Kansas; b. Carries a Best's policyholder rating of A or better; and c. Carries at least a Class X financial rating, or is a company mutually agreed upon by the City and Fire District. At such time as a merger should occur between the City and the City s contract fire service provider, this paragraph numbered 3 shall be re-negotiated with respect to the City s obligations. 4. Duration and Term of Agreement. This Agreement shall commence on day of, 2002 and shall continue through the 31 st day of December, 2006. 5. Placing Agreement In Force. The attorney for the City shall cause this Agreement to be executed in quadruplicate. Each party hereto shall receive a duly executed copy of this Agreement for their official records. IN WITNESS WHEREOF, the above and foregoing Agreement has been -4-
executed in quadruplicate by each of the parties hereto on the day and year first above written. FIRE DISTRICT NO. 2 ATTEST: By Chairman APPROVED AS TO FORM: CITY OF OVERLAND PARK, KANSAS By Ed Eilert, Mayor ATTEST: Marion Cook City Clerk APPROVED AS TO FORM: Tammy M. Williams Assistant City Attorney -5-