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.