Firefighting Service Contract



THIS CONTRACT made and entered into this _____ day of __________, 1996, by and between the City of Paola, hereinafter referred to as “City”, and Miami County Rural Fire District No. 1, a fire district organized and existing under the provisions of K.S.A. 19-3601, et seq., hereinafter referred to as “District”.


WHEREAS, the City is engaged in providing first response fire protection and related services of emergency first response and rescue services, hereinafter referred to collectively as “Fire Protection Services”, within the city limits of Paola, Kansas, and for those purposes has acquired fire station buildings, fire trucks, including pumpers and tankers, together with the necessary equipment therefore, and the City has available the services of a number of trained firefighters, which Fire Protection Services are provided from the City’s fir station located at _____East Peoria, Paola, Kansas; and


WHEREAS, the District is authorized by K.S.A.  19-3601(a) and K.S.A. 19-3612(a) to enter into contracts to effectuate the purposes for which it was organized and is desirous of obtaining by contract the Fire Protection Services form the City for the area contained in the District, the boundaries of which are indicated on the map of the District marked Exhibit “A”, attached hereto and by this reference thereto make a part hereof the same as if fully set forth herein, and the City is agreeable to providing such Fire Protection Services upon the terms, conditions, provisions and for the consideration set forth herein below.


NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises hereinafter set forth, the parties hereto have agreed and do hereby agree as follows:


  1. AREA TO BE SERVED. The city hereby agrees to provide Fire Protection Services to the inhabitants and property located within the geographic territory of the District as described in Exhibit “A”, attached hereto.
  3. Equipment: The City shall furnish the following vehicles and equipment and the City shall maintain said equipment and pay for the repairs thereof:
  4. Facilities: The City shall furnish the following facilities to house the aforesaid firefighting trucks, equipment and necessary appurtenances thereto:

City Hall, ____________________ Paola, Kansas

                                                ____________________________ Paola, Kansas

  1. Personnel: The City shall furnish the personnel necessary to operate the fire trucks, firefighting equipment and appurtenances thereto needed to provide the Fire Protection Services to the District.
  2. Records and Reports: The City shall maintain such records and reports in respect the subject matter hereof as are customarily kept by the City Fire Department and similar fire protection providers within the State of Kansas. The City shall report bi-annually the types of fires and other incidents responded to by number, estimated losses, suspected fire causes, estimated value property involved, and number of personnel responding to emergencies and such other reasonable data as the District may request.
  3. Responsibility for Safety of Equipment: The City shall maintain its equipment and operation thereof in a safe manner at all times.
  4. Alarm Response: The City shall dispatch at least one (1) piece of fire equipment upon any alarm regardless of its nature, where there is a fire or imminent danger of fire, unless the City has actual knowledge that the alarm is false, and shall provide such further equipment and personnel as is deemed necessary and appropriate to the situation. The City shall take such other steps as may be responsible and prudent to fight said fire, including, but not limited to, requesting aid from other fire departments and firefighting facilities, including, but not limited to, other fire departments with which it may presently contract for Fire Protection Services. The City shall be permitted to aid other fire departments with reasonable manpower, equipment and apparatus at times such other fire departments may request assistance upon a recognized and established mutual aid basis.
  5. Emergency First Response and Rescue Services: The City shall provide emergency first response and rescue services to the area to be served. It is understood by the parties hereto that emergency medical assistance per se is not included among these services: however, certain of the personnel responding to a given emergency call my posses EMT or CPR training, which they may utilize as appropriate to the particular situation.
  6. Training: The City agrees to see that all firefighting personnel performing Fire Protection Services pursuant to this Contract are trained in an appropriate manner consistent with the structure of such fire department in which they may serve. Provides accept complete responsibility for said training.


  1. DISTRICT’S EQUIPMENT.  The District agrees to furnish the following firefighting equipment, and the District shall maintain said equipment and pay for the repairs thereof:
  2. SEPARATE EQUIPMENT. It is specifically understood and agreed by the parties hereto that the City’s firefighting trucks, equipment and all appurtenances thereto are the separate and distinct property of the City and that the District’s firefighting trucks, equipment and appurtenances thereto are the separate and distinct property shall be maintained for the owner’s use by (only) the owner thereof.
  3. TERM.  The initial term of the Contract shall be for a period of twelve (12) months commencing on the 1st day of _________ , 1996 and ending on the 31st day of ____________ , 1997, unless said term shall be sooner terminated for default as hereinafter provided. This Contract shall be automatically renewed from year to year hereafter unless and until either party gives notice in writing to the party at least sixty (60) days prior to the 31st day of __________ of its intention to terminate this Contract for the next contract year.
  4. CONSIDERATION.  The District agrees to pay the City compensation for providing the equipment, facilities and services set forth herein based upon the use of the City’s equipment, the cost of material used and firemen’s pay incurred when providing Fire Protection Services to the District as follows:
  5. USUAL AND CUSTOMARY SERVICES. It is understood and agreed by the parties hereto that the City shall provide only such Fire Protection Services as are deemed usual and customary in view of the Contract herein and the consideration to be paid the City pursuant hereto.
  6. NODISCRIMINATION. The City shall comply with all applicable state and federal laws, regulations and executive orders relating to employment discrimination on the basis of race, religion, color, sex, national origin, physical handicap, alienage and age.
  7. BREACH OR DEFAULT. In the event any party hereto shall commence any legal arbitration or other proceeding against the other for breach of this Contract, all expenses, including attorney fees, court or arbitration costs, shall be borne by the party which does not prevail. The City shall have the right on thirty (30) days written notice to cease the Fire Protection Services provided for by this Contract in the event the District fails to pay the consideration provided for in Paragraph _____ within fifteen (15) days of the date due.
  8. SUPERVISION AND CONTROL. Pursuant to K.S.A. 19-3608, the supervision and control of the City’s Fire Department furnishing Fire Protection Services to the District pursuant to this Contract shall be with the Governing Body of the City.  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 firefighters at any particular time to provide its Fire Protection Services to the District.
  9. LIABILITY. The City shall not be liable in any manner for any acts or failure to act by City employees while furnishing Fire Protection Services outside the City limits of the City to the District, and the District shall hold the City harmless in connection with the City, its employees and agents providing Fire Protection Services to the District, and the District shall indemnify the City for any loss or expenses incurred, including attorney fees, as a result of the City’s employees or agents providing Fire Protection Services outside the city limits of Paola, Kansas to the District,
  10. INSURANCE. The District shall maintain liability insurance with at least the limits of protection and conditions as follows:

General Liability:

Form:               General Liability

            Limits of Protection:                  $500,000.00 Combined Single Limits

            Conditions Included:                 Premises and Operations

                                                            Board Form Contractual

                                                            Independent Contractors

                                                            Broad Form Property Damage

                                                            Personal Injury

                                                            Products/Completed Operations




Form:               Comprehensive

            Automobile Covered:                Any Auto

            Limits of Protection:                  $500,000.00 Combined Single Limits


Workers Compensation:


Coverage:         Statutory


Employers Liability:

Bodily Injury by Accident:                                 $100,000.00 each accident

Bodily Injury by Disease:                                  $500,000.00 policy limit

Bodily Injury by Disease:                                  $100,000.00 each employee


Conditions:                                                       All States Coverage

                                                                        Voluntary Compensation


The District shall provide the City evidence of such insurance coverage annually or whenever requested to do so by the City as well as any and all renewals thereof.


The insurance carrier providing the above coverage must show that it:


  1. Is licensed to do business in the State of Kansas;
  2. Carries a Best’s policyholder rating of A or better; and
  3. Carries at least a Class X financial rating, or is a company or companies mutually agreed upon by the parties.




  1. Waiver. It is agreed and understood that any failure to strictly enforce any provision hereof shall not constitute a waiver of right to demand strict performance of that or any other provisions hereof at any time hereafter.
  2. Severable Terms. The terms and conditions of this Contract are separate and severable, and if for any reason any court of law or administrative agency should deem any provisions hereof invalid or inoperative, the remaining provisions of this Contract shall remain valid and in full force and effect.
  3. Modification. It is understood that the terms of this Contract may be changed from time to time by mutual agreement of the parties expressed in the form of a Letter of Agreement signed by the authorized officials of the respective parties hereto.
  4. Notices. Any notices required to be given pursuant to the provisions of this Contract shall be given in writing by registered or certified mail, enclosing such notice in a postage prepared enveloped addressed as follows:


City of Paola

City Hall

Paola KS 66071


Miami County Rural Fire District No. 1


Paola KS 66071


Or to such other address as either party hereto shall designate by such notice. Any such notice shall be effective as of the date it is deposited in the United States mail.


  1. Previous Agreements. This Contract embodies the entire agreement between the parties hereto with relation to the subject matter hereof and supersedes any previous agreement or understanding, whether verbal or otherwise, with relation hereto.
  2. Legal Construction. Time is of the essence of this Contract, and this Contract is deemed personal to the parties herein and shall not be transferable or assignable without the mutual consent of all parties and shall be interpreted pursuant to the laws of the State of Kansas.


IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first above written.


SEAL                                                                                       CITY OF PAOLA


City Clerk                                                                                Mayor



Secretary ___________                                                           Chairman ____________