2008 Solid Waste Venture Grant
SOLID WASTE VENTURE GRANT AGREEMENT
. 1k f-
This Agreement is entered into this L day of&'~008, by and between the CITY
OF SALINA, KANSAS (the "City") and KANSAS WESLEYAN UNIVERSITY (the "Grantee").
Recitals
A. As a part of the adoption of the Saline County Solid Waste Management Plan, waste
reduction and/or diversion were established as goals.
B. In order to fund efforts to meet those goals, in 1996 the City designated a $1.00 per
ton increase in tipping fees at the Salina Landfill.
C. The Saline County Solid Waste Management Plan identified use of the designated
tipping fees for a "Venture Grant" program as a strategy to achieve the plan goals. By Resolution
No. 98-5238, on February 2, 1998, the City Commission established the grant program.
D. Based upon the Grantee's application as submitted (the "Grant Application") and the
recommendation of the Solid Waste Management Committee, the City Commission has awarded to
the Grantee a grant in the arrlount not to exceed $26.233.20, subject to the terms and conditions of
this Agreement.
THE PARTIES therefore covenant and agree:
1. Grant Award. Grantee has qualified for a grant in an amount not to exceed the sum of
$19.309.50 toward the cost ofpurch~ing an electric recycling vehicle, and the sum of $6.923.70
. toward the cost of purchasing solid ",aste related educational materials. The specific program cost
details are outlined within the Grant ;Application (the "Grant").
2. Grant Funds Dispersal. The Grant shall be disbursed by the City upon presentation of
invoices for approved reimbursement of the Grantee. For any invoice presented and approved by the
City, the City shall disburse grant funds in an amount based upon the same percentage of the total
invoice as the percentage ofthe Grant in relation to the Grantee's total project cost as described in
the Grant Application. The City and the Grantee acknowledge that in the case of Grantee's project
the percentage to be paid by the City is 75 percent and the percentage to be paid by the Grantee is 25
percent for the cost of the electric r~cycling vehicle; and for the solid waste related educational
materials the percentage to be paid by the City is 90 percent and the percentage to be paid by the
grantee is 10 percent. [Example: when Grantee submits to the City for reimbursement an invoice
for a program purchase as described i~ the Grant application and approved by the City in the amount
of$I,OOO, the City agrees to pay 75 percent of the total invoice, which equals $750.00, to Grantee
upon proof that Grantee has paid the ,invoice in full.]
3. Disbursement Deadline. The Grant funds must be disbursed as provided in paragraph
2 prior to October 1, 2009. Any grant funds not disbursed by that date shall be subject to forfeiture,
at the discretion of the City.
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4. Use ofEquipment--lnspection. The Grantee covenants that any equipment purchased
in part with grant proceeds shall be placed in service promptly following delivery and shall remain in
service in a manner consistent with program described in the Grant Application. The Grantee agrees
to obtain prior approval from the Gr~tor before any capital equipment purchased with funds from
this grant is sold, transferred or otherwise disposed of by the Grantee. Grantee agrees that any
proceeds from the sale, transfer or other disposal of capital equipment purchased with funds from
this grant will be, at the option of the Grantor, either returned to the Grantor or utilized by Grantee
for other expenses related to solid w:aste management. No approval will be necessary ifthe sale,
transfer or other disposal occurs mote than five years from the date of the purchase of the vehicle.
Failure to fulfill this covenant regarding use of any such equipment item shall obligate the Grantee to
reimburse to the City the grant funds used to purchase the specific equipment item within 30 days
following discontinuation of use of the equipment item. The Grantee hereby authorizes city
representatives to inspect its operations during regular business hours in order to verify ongoing use
of any equipment purchased in part with grant proceeds.
5. Program Reporting. The Grantee agrees that it shall provide the City with at least one
interim and one final report, along with any other interim reports required by the City, describing
program progress consistent with the Grant Application. The City does request that an annual report
be provide to the Public Works Director by the end of May for the next five (5) years, until May
2013. Any specific matters to be addressed in the reports and any applicable reporting deadlines
shall be as directed by the City over the course of implementation of the Grant.
6. Termination of Grant. The Grant may be canceled by the City at any time if the City
determines (a) there has been no sU1:>stantial performance of the program described in the Grant
Application, (b) there is evidence of fraud, abuse, or mishandling of grant proceeds, or (c) that any
other basis exists for determining that the public interest is not being served by continuing the Grant.
7. . F eminine- Masculine.' Singular-Plural. Wherever used, singular shall include the
plural, plural the singular, and use of any gender shall include all genders.
8. Kansas Law Applies. IjThis Agreement and its validity, construction and performance
shall be governed by the laws of KanSas. This Agreement shall be interpreted according to its fair
meaning, and not in favor of or against any party.
9. Severability. The unenforceability, invalidity, or illegality of any provision ofthis
Agreement shall not render the other provisions unenforceable, invalid, or illegal.
10. Time. Time is of the essence of this Agreement. No extension will be granted unless
in writing and signed by the parties. Should the end of a time period fall on a legal holiday that
termination time shall extend to 5 :00 p.m. of the next full business day.
11. Persons Bound-Copies. This Agreement shall extend to and bind the heirs, executors,
administrators, trustees, successors and assigns of the parties hereto, and may be executed in any
number of counterparts, each of which shall be deemed an original, or in multiple originals, and all
such counterparts or originals shall for all purposes constitute one agreement.
12. Notices. All notices and demands shall be given in writing either by personal service
or by registered or certified mail, postage prepaid, and return receipt requested. Notice shall be
considered given when received on date appearing on the return receipt, but if the receipt is not
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returned within five (5) days, then forty-eight (48) hours after deposit in the mail. Notices shall15e
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
P.O. Box 736
Salina, KS 67402-0736
GRANTEE: Philip P. Kerstetter, President and CEO
Kansas Wesleyan University
100 East Claflin Avenue
Salina, Kansas 67401
13. Tvpewritten or Handwritten Provisions. Typewritten or handwritten provisions
inserted or attached shall supersede all conflicting printed provisions.
14. Merger Clause. These terms are intended by the parties as a complete, conclusive and
final expression of all the conditions oftheir 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. Any amendment to this Agreement,
including an oral modification supported by new consideration, must be reduced to writing and
signed by both parties before it will be effective.
EXECUTED by the duly authorized officials of the respective parties hereto the day and year
written above.
CITY OF SALINA, KANSAS
ATTEST:
~
Lieu Ann Elsey, ~~
KANSAS WESLEYAN UNNERSITY
~~
Philip P. erstetter, President and CEO
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tI....- ~.- - ,-4
DEPARTMENT OF PUBLIC WORKS
Michael Fraser, Director of Public Works
Daniel stack,P.IE., City Engineer
Jim Teutsch, Operations Manager
Cltyof
!l
SalIna
TELEPHONE . (785) 309-5725
FAX . (785) 309-5713
TOO. (785) 309-5747
E-MAIL: mike.fraser@salina.org ~
dan.stack@salina.org
jim.teutsch@salina.org
WEBSITE . www.sa1ina-ks.gov
300 West Ash, P.O. Box 736
Salina, Kansas 67402-0736
October 17, 2008
Philip Kerstetter
President and CEO
Kansas Wesleyan University,
100 E. Claflin Avenue
Salina, Kansas 67401
Dear Philip:
We have received some verbal and some written communications from Dane Baxa to review and
authorize KWU request to modify the purchase specifications for the electric recycling vehicle awarded to
KWU in a 2008 Solid Waste Venture Grant. He informed us that KWU no longer wants the dumping bed
on the electric truck as originally requested, but now wanted a flatbed for the vehicle. He also said that a
larger engine is desired more than what had been specified in the grant proposal. Dane explained that
these changes would not increase the cost of the vehicle, but would provide a lower purchase price.
These changes in the vehicle, if approved by you, would not change the grant award offered by the City
of Salina. First, these changes are still under the purchase authorization. Second, they do not change
the scope of the work to be accomplished by the vehicle. Therefore we view these as minor changes
and have not problem if you decide to purchase the vehicle with these specification modifications.
The amount that the City Commiss~on has authorized for the purchase of this vehicle is no more that
$19,309.50, based on information in the grant proposal for a total purchase price of $25,746.
Reimbursement to KWU will be based on a receipt of purchase for the electric recycling vehicle as
agreed to in the grant with these two listed modifications. Payment to KWU will be based on 75% of the
cost, up to a maximum of $19,309.50 as specified in the contract.
If you have any questions, please let me or Dan Stack City Engineer know. We both can be reached at
the number listed above.
Sincerely,
Xc: RocfFranz, Director of Finance and Administration
Oane Baxa
Engineering + Streets" Traffic Control.. Flood Control. Central Garage t Sanitation.. Landfill
Our Mission is to Build and Maintain a Clean, Safe Community
Page 1 of 1
Fraser, Mike
From: Fraser, Mike
Sent: Friday, October 10,20087:21 PM
To: 'Intern4, Moran'
Subject: RE: Venture Grant Contract
Dane,
I tried to open this document, but was ,-,nable to look at it. If the changes to the truck (revised dumping platform
on the back and the larger engine) are still under the total cost in your proposal, you are fine to proceed with the
purchase. Remember, the grant will pay you back 75 cents on the dollar and you can not get more than what has
been authorized by the City Commission. There is no need for a contract change for this type of revision. I just
need a letter in the file that shows the request and our response. Thanks.
Mike
From: Intern4, Moran [mailto:Moran.Intern4@mail.house.gov]
Sent: Wednesday, October 08,2008 11:54 AM
To: Fraser, Mike
Subject: RE: Venture Grant Contract
Mike,
Attached is a copy of the new quote with the different features for the recycling truck. The total price is about
$1,200 less than the original grant requested for. If you can get something that approves that quote, and then I
can come by and pick that statement and the contract sometime this afternoon or tomorrow. Thanks again for all
the help.
VM\.el'B~
Office Congressman Jerry Moran (KS-O 1)
Salina District Office
119 West Iron, Suite 603
Salina, KS 67402.
P: (785) 309-0572
F: (785) 827-6957
moran.intern4@mail.house.gov
WWVY..J~IU:11J.Qr.w..house.!NY
10/16/2008
IE\ e-ride
~ INDUSTRIES
Sold to: Project HUNT for Green
Address: 100 E. Claflin
Purchase Agreement
Order Date
Sales Representative
Business Phone
Fax Number
10/6/2008
John Herou
(800) 950-4351
(763) 389-2417
City/State/Zip Salina, KS 67401
Shipping Instructions:
Contact Name: Dane Baxa - Ph:785-577-5817
Est. Ship Date:
Part Number Qty Description Unit Price Ext. Price
EXV2 1 2 Pass. AC Motor System flat bed-standard $ 18,985.00 $ 18,985.00
EDOOR 1 Hard doors with roll up windows $ 1,680.00 $ 1,680.00
EHTR 1 DC heater/defroster $ 595.00 $ 595.00
ERE2 1 Rear enclosure $ 620.00 $ 620.00
ECOL 1 Vehicle color: Green $ 420.00 $ 420.00
EBALM 1 Back UP alarm $ 66.00 $ 66.00
ELOC 1 Locking door handles & storage compartment $ 187.00 $ 187.00
EDOME 1 Dome light $ 138.00 $ 138.00
EFAN 1 2 Speed fan $ 277.00 $ 277.00
EREC 1 Receiver 2" opening $ 180.00 $ 180.00
PavrnenUSpeciallnformation Total $ 23,148.00
" Destination Charge $ 1,400.00
Miscellaneous
Large Quantity Discount
Less Deposit
Balance Due at Shipment $ 24,548.00
The Purchaser acknowledges that he/she has read and accepts the provisions and conditions on the second
page of this document as if they were printed on this page. The purchaser agrees that this agreement cannot
be amended by either discussion or verbal agreement with the sales personnel.
Purchaser's Signature
Date
Seller Signature - E-Ride Industries
Date
3171 92nd Avenue - Princeton -Minnesota - 55371
Phone: (800) 950-4351 Fax: (763) 389-2417
.
Provisions and Conditions
I) Purchaser must allow products to be delivered within 30 days of the estimated shipment date. Purchaser may
delay shipment upon written approval of Seller. In the event the purchaser refuses shipment, then the order will
become non-deliverable. Seller then has the right to sell such products in any manner Seller may deem appropriate.
Purchaser will not claim damages of any kind or character whatsoever arising out of such sale. Seller shall not be liable
to the purchaser in any way for failure or delay in making delivery on any intended delivery date specified by Seller,
where such delay arises from failure to secure material, parts, or any essential elements necessary to the completion of
our material package, or for delays caused by strikes, fires, or other causes beyond control of Seller.
2) Batteries and tires are not marmfactured or warranted by e-ride Industries, but are warranted by the respective
II1aI1ll.facturs. It is not the responsibility of e-ride Industries to enforce these warranties. It is the Purchaser's
responsibility to deal directly with the respective manufacturer on claims against these warranties.
3) From time to time, the seller may make specifications and price changes as may deemed necessary. If
purchaser requests delivery more than 90 days from purchase date, and Seller has made changes in specification and/or
price. Purchaser agrees to accept the new specifications and/or prices.
4) Freight is not included. Purchaser understands that the freight charges are to be paid by Purchaser. Purchaser
understands that all items shipped have been inspected prior to shipping. Packaging and/or crating are designed to
assure adequate protection form all nonnal handling and transportation damage. When shipments are made, any claims
for shipping damage must be made to camer making delivery. It is the purchasers responsibility to inspect all
deliveries for damage and note on the bill oflacting of the delivery. At the point Purchaser's product leaves Seller's
premises, Purchaser agrees that he/she has accepted delivery of the product. The responsibility lies with the Purchaser
to adequately protect his interest in his purchase with appropriate insurance.
5) The amount of any sales. revenue, excise, or other taxes or govennnenta1 fees applicable to the goods sold
hereunder shall be added to the purchase price and shall be paid by 1he Purchaser. If not collected by the Seller,
Purchaser shall be solely responsible for payment of such taxes or fees.
6) Title to all products remains in the hands of the Seller until paid in full. All checks will be made payable to:
e-ride Industries at3171 92nd Avenue, Princeton, MN 55371.
7) This purchase agreement, when accepted by the Seller, is the only contract controlling this purchase, and
contains all agreements, expressed or implied. Purchaser acknowledges that Seller will not recognize verbal
agreements and that no part of this agreement can be modified except in writing and agreed to by Seller.
12 Month Limited Warranty
e-ride 1ndust:ries warrants to the original retail purchaser of record that the e-ride vehicle purchased from the
IIIlUII1fi\ctur, distributor or authorized dealer is free from defects in materials and workmanship subject to the terms
and provisions contained herein. This warranty gives you specific legal rights. You may have other rights that vary
state to state. '
e-ride Industries and your distributor/dealerare not responsible for any time that you lose, for any inconvenience you
might be caused, for the loss of transportation, or for any other incidental or consequential damages you may have.
Any implied warranty of merchantability (that the vehicle is reasonably fit for the general purpose for which it was
sold) or fitness for a particular purpose (that the vehicle is suilable for your special purposes) shall be void and
excluded subsequent to one (1) year from the date you take delivery of your new e-ride vehicle or the day it is first put
into service (example: dealer demonstrator), whichever occurs first. The repair or replacement of the e-ride vehicle or
defective component thereofis the exclusive remedy under this written warranty or any implied warranty. E-ride
Indu$tries makes no other representation or warranty of any kind, and no representative, employee, distributor, or
authorized dealer has the ability to make or imply and representation, promise, or agreement which in any way varies
the terms of this limited warranty.
Purchaser acknowledges that any action brought under this warranty must be brought in, and is governed by the laws of
the State of Minnesota. in which all action must be brought within one (1) year from the date on the purchase .
agreement. In no event shall the Purchaser be entitled to damages greater than a refund by the Seller of the purchase
price upon return of goods and dete11Ili.nation that the same are defective. If the Seller is the prevailing party, any legal
fees incurred by Seller become the Purchaser's responsibility.
3171 92nd Avenue - Princeton -Minnesota - 55371
Phone: (800) 950-4351 Fax: (763) 389-2417
_J