Use of Municipal Court Diversion Fees AGREEMENT
between
THE CITY OF SALINA, KANSAS
and
SALINA/SALINE CO:CRIMESTOPPERS,INC.
for
Use of a Portion of Municipal Court Diversion Fees for Rewards
THIS AGREEMENT, is made this 25 Iday of August, 2011, by and between the CITY OF
SALINA, KANSAS (the "City") and SALINA/SALINE CO. CRIMESTOPPERS, INC., a Kansas
not-for-profit corporation("Crimestoppers").
Recitals
A. Crimestoppers is a not-for-profit Kansas corporation that promotes public safety by
assisting the Salina Police Department in the apprehension and conviction of criminals by
offering anonymous rewards to those persons who provide information to assist the
investigation and prosecution of those responsible for committing crimes in the community.
B. Crimestoppers currently relies entirely on donations as its sole source of funding for the
rewards and financial support is needed to enable Crimestoppers to continue performing its
important public service.
C. In recognition of the important public purpose served by Crimestoppers, the Governing
Body of the City, subject to modification by the governing body from time to time, has
allocated a certain portion of municipal court diversion fees paid to the Salina Municipal
Court to be paid to Crimestoppers for use as rewards (the"Reward Funding").
THE PARTIES therefore agree:
.1. Reward Funding. The City agrees that commencing October 1, 2011, that a portion of the
municipal court diversion fees as shall be determined by the governing body from time to
time (the "Reward Funding") shall be paid to Crimestoppers in quarterly installments for its
use in paying rewards.
2. Reporting. Crimestoppers shall no later than March 1 provide the City with an annual
written accounting of the aggregate number of rewards paid, the aggregate amount of
Reward-Funding used in the payment of reward, and its remaining Balance of Reward
Funding for the previous calendar year.
3. Term. This agreement shall remain in effect until terminated:
a. By mutual agreement of the parties;
b. By Crimestoppers upon written notice to the City;
C. By the City upon 90 days written notice to Crimestoppers; or
d. Upon dissolution of Crimestoppers.
4. Reward Funding Upon Termination. Within 90 days following termination of this
Agreement, Crimestoppers shall provide the City with a report providing the information
outlined in paragraph 2 above through the date of termination and shall remit to the City any
remaining Balance of Reward Funding.
5. Kansas Law Applies. This 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.
6. Severability. The unenforceability, invalidity, or illegality of any provision of this.Contract
shall not render the other provisions unenforceable, invalid, or illegal.
7. 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.
8. Assignment-Persons Bound. This Agreement shall not be assigned by either party and shall
extend to and bind the successors of the parties hereto.
9. Notices. All notices 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
returned within five (5) days, then forty-eight (48) hours after deposit in the mail. Notices
shall be 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
CRIMESTOPPERS: Salina/Saline Co. Crimestoppers, Inc.
P.O. Box 2044
Salina, KS 67402-2044
10. Typewritten or Handwritten Provisions. Typewritten or handwritten provisions inserted or
attached shall supersede all conflicting printed provisions.
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11. Merger Clause. These terms are intended by the parties as a complete, conclusive and final'
expression of all the conditions of their 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 the day and year first written above by the duly authorized officers of the
parties.
CITY OF SALINA; KANSAS
By:
Samantha P. An 11, Mayor
ATTEST:
Cr'��fNv
By:
Lieu Ann Elsey, CMC, Cio Clerk
SALINA/SALINE CO.
CRIMESTOPPERS, INC.
By: T —
J mes E. VanEmburgh, Chairman
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