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8.1 Agr Water Payment Drop Box CITY OF SALINA REQUEST FOR COMMISS ION ACTION DATE TIME q:O0 P.M. 5/19:~_~_ ......... AGENDA SECTION: Administration ORIGI NATI NG DEPARTMENT: APPROVED FOR NO. 8 AGENDA: Water Customer Accounting ITEM NO. 1 ~ BY: Hank Corcoran BY Resolution Number 93-4591, authorizing the Mayor to execute and the City Clerk to attest an Agreement between the City of Salina, Kansas and the Dillon Store Corporations concerning the implementation of a utility company bili payment drop box system at the Dillon stores located in Salina, Kansas. Background: The City has previously entered into contracts with businesses to collect water bills. The most recent was Ashton's Affiliated, Inc. Ashton's recently surrendered it's business assets to Affiliated Food, Inc. When this happened it also closed its collection point for water bills. This has left the citizens of Salina without a satellite location to pay their water bills. Those persons desiring to pay in person must now come through the main office at the City-County Building. Dillon Store Corporations contacted the City and offered to put a collection drop in each of their Salina stores. Dillons will provide the space, signs, locked canisters, and advertising. The City will provide the collection drops with envelopes, identical to those used at our Drive-up window drop, and would pick up the canisters each day Monday thru Friday, excluding holidays. Staff is still searching for an agreeable location in north Salina. When that location is found, a contract will be presented for consideration. Action Requested: Approve Resolution Number 93-4591 authorizing the Mayor to execute and the City Clerk to attest an Agreement between the City of Salina, Kansas and the Dillon Store Corporations concerning the implementation of a utility company bill payment drop box system at the Dillon stores located in Salina, Kansas. COMMISSION ACTION MOTION BY SECOND BY TO: AGREEMENT THIS AGREEMENT entered into this 29 day of April , 1993 by and between the City of Salina , hereinafter referred to as "utility company" and the Dillon Store Corporations, hereinafter referred to as "Dillons", concerning the implemention of a utility company bill payment drop box system at the Dillon store located in Salina, KS NOW THEREFORE, in consideration of the mutual benefits, covenants, and promised hereinafter set forth the parties agree to the following: 1. Dillons will provide and install at Dillons expense a locked drop box facility at each Dillons store located in Salina, KS 2. Dillons will provide, at its expense, a metal drop box for each location and one additional droP box to be kept by the utility company., for the collection of utility company payments which are deposited at the drop box facility. The metal drop boxes will include a lock and key. 3. Dillons will not have access to or maintain a key to the lock on said drop boxes. A key to open the drop boxes will be maintained only by the utility company. 4. The utility will be responsible for picking~up such lock boxes containing the utility company payments from Dillons on a daily (Monday through Friday) basis, excluding holidays. 5. At all times provided herein, such payments shall be and remain the property of the utility company and Dillons shall be the trustee therof. 6. The utility company shall provide and maintain a supply.of envelopes to be made available for customer use at the drop box facility. 7. It is understood and agreed that Dillons is not an employee of the utility company, but shall be deemed an independent contractor for all purposes. 8. The utility company agrees to indemnify and to hold harmless Dillons from any loss as a result of Dillons following any of the above conditions. 9. The utility company agrees that Dillons responsibility to the utility company herein provided shall be limited to the exercise or ordinary care and diligence. Failure to exercise ordinary care and diligence shall not be inferrable by reason of a loss of an item without in addition thereto a showing of negligence on Dillons' part, its agents or employees. 10. In no event shall Dillons be liable to the utility company for failure to follow any of the operating conditions set forth herein, including without limitation failure to perform any services within the time provided herefore, if the failure to perform is due to the occurrence of any of the following events: Any act of failure to act by the utility company, mechanical failures of Dillons' equpiment, fire or other casualty, riot or civil commotion, windstorms, earthquakes, floods, or other acts of God, delay in transportation, government regulations or interferences, or any event beyond Dillons control. In no event shall Dillons be liable to the utility company for special or consequential damages. 11. Any changes which may occur from time to time will be made in writing to become a part of this agreement upon mutual acceptance. 12. This agreement may be terminated by either party by written notice of revocation delivered to the other party at the address shown herein. By ATTEST: Accepted , By Dillon Stores Co., Inc.