2015 Smoky Hill River Festival Food Concession ServicesE7 166 AU
5MOKY HILL RIVER ri5TivAL
June 11-14, 2015 • Oakdale Park, Salina
EXHIBIT A
RESPONSIBILITIES OF THE PARTIES
It is mutually agreed between these two parties that:
1. Booth location will be designated by the Festival
2. Concessionaire must have signed agreement prior to setting up booth.
3. All booths must meet standards of the Kansas Department of Agriculture
a. Note: Any vendor using a tented facility will be limited by law, to ONE potentially hazardous
food item (any food that requires time and temperature control for safety, such as meat, dairy
products, eggs, poultry, fish, heat treated starches or vegetables, sprouts, cut melons, cut tomatoes,
and cut leafy greens). There is the option of contacting the Kansas Department of Agriculture to
request a variance. If you desire to do so, it is recommended you contact the Department of
Agriculture immediately following notification of inclusion in the Festival.
b. Please note: All meat and poultry products must arrive at the Festival from an approved, inspected
(Federally or State of Kansas) source. Food should not be cooked, repackaged, mixed with seasonings
or in an otherwise ready -to -eat form, prior to the onsite food inspection. Travel across state lines is
especially problematic for meat and poultry products. In this case, the meat or poultry product must be
Federally (USDA FSIS) inspected. It is vitally important the product does not lose its inspection identity,
and the ownership be maintained. Questions or concerns should be directed to Mike Fink, Compliance
Officer, mike.fink@kda.ks.gov or 785-564-6776.
4. Concessionaire is responsible for keeping the Festival grounds clear of litter within a 20 -foot radius of
their booth. All supplies must be contained with fencing or lattice around the back of the booth. Trailer
skirting is strongly suggested. Crowd control ropes/devices are encouraged and are the responsibility of
the concessionaire, but are subject to changes in placement by the Festival Food Committee.
5. Each Concessionaire must have a minimum of two trash receptacles by booth (for public use). Put your
name on them so the trash pick-up crew knows where to return them. Concessionaires are required to
break down all boxes before placing in trash receptacles.
6. Restaurant quality rubber mats (the kind with drainage holes) are to be placed in front of the booth's
serving window.
7. Waste water and grease receptacles are to be used for the express purpose for which they are
designated, and are clearly marked. Mixing grease in the wastewater receptacle causes an environmental
disposal problem for the Festival. Cost of additional wastewater receptacles will be an expense of the
concessionaire.
8. Water hoses should be well-maintained and not leaking. Food grade quality hoses are required. Foods
that are held in ice as a cooling mechanism must be packaged and melting ice must be continually
draining. Foods cannot sit in water. Bins and barrels in which drinks are iced -down must be draining
continually; however excessive run-off in the food area walkways MUST BE PREVENTED. It is
helpful to have your own wet -vacuum. SEE ALSO "FOOD SAFETY ISSUES AND AWARENESS"
(enclosed).
SALINA
ARTS 211 West Iron • PO Box 2181 • Salina, KS • 67402 • Phone: 785-309-5770 • Fax: 785-826-7444
& HUMANITIES A department of the City of Salina • sahc@salina.org • rive rfestival.com
Concessionaire will be issued one vehicle pass. You may only park ONE vehicle in the park. Freezers
or other units requiring electricity must be parked at the Salina Bicentennial Center, adjacent to the
park. Your vehicle pass will allow loading and unloading plus access to a reserved parking space near
the area of your food booth. NOTE: NO traffic will be allowed on food road (through the center of the
park) between 9:00 a.m. and 10:00 p.m. Push carts should be sparingly used to move supplies from
parked vehicle to booth during those hours. NOTE: "Any use of work site utility vehicles (e.g., golf
carts) driven outside the Oakdale Park boundary must meet state statutes for use of such vehicles.
Please note the change in state law effective July 2007, with a companion City of Salina ordinance
adopted in August 2007." To help reserve your parking place, orange plastic cones may be necessary;
or have someone hold your place until you return.
10. The Oakdale entrance is for foot traffic only. This means all official vehicle traffic must enter via the
Mulberry Street gates. Make sure your booth and delivery personnel are aware of this.
11. Concessionaire must sell ONLY the food items that are listed in their Exhibit E: Food Concessionaire
Technical Specification Sheet. Important! Signage must prominently display the contracted food
items ONLY, and reflect correct prices for our event products. Prices may not be raised during the
course of the Festival.
12. Food items displayed outside your booth must be covered, and not available to the public as a sample
that can be eaten. If you wish to give out samples, an employee may dispense food items individually to
the public, with tongs, or properly gloved.
13. No tip jars are allowed at the Festival. In the committee's review of this subject, it was agreed that tips
are for full-service restaurants, and the price structure at the Festival precludes additional compensation
for goods/services rendered.
14. The following are safety requirements that come from the City of Salina Fire Department:
The following are BASIC RULES. This brief outline does not by any means cover all the codes
contained in the Kansas Fire Prevention Code or the 2006 International Fire Code, the currently adopted
fire code for the City of Salina. It does, however, provide the Food Concessionaire some basic fire and
life safety rules.
Canopies, Tents or Membrane Structures
a. Canopies or membrane structures shall have at least one exit. If the occupant load exceeds ten or
more people then the structure shall require 2 exits. Exits shall be maintained unobstructed. If doors
are installed, doors shall swing in the direction of exit travel. If exit is covered by a curtain; curtains
shall be of a color or colors that contrasts the color of the tent and be constructed of flame -resistant
material.
b. Membrane structures, tents or canopies shall have a permanently affixed label showing that the
material is fire resistant. Material may also be sprayed with a fire retardant and the vendor will need
to provide certification that the material has been treated with a flame retardant in an approved
manner and meets the requirements of NFPA 701.
c. Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids,
gas, charcoal or other cooking device or any other unapproved devices shall not be permitted inside
the tent, canopy or membrane structures unless approved by the fire code official. The fire code
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official has the authority to approve an open flame or exposed flame appliance considered to be a
minimal fire hazard.
d. Portable open flame devices fueled by flammable or combustible gases or liquids shall be enclosed
or installed in such a manner as to prevent the flame from contacting combustible material.
e. Smoking shall not be permitted in tents, canopies or membrane structures. (Smoking over food
preparation or cooking areas is also not permitted.)
Electrical
f. Use safe work practices every time electrical equipment is used.
g. Electrical equipment must be installed, operated, and maintained in a manner which does not create a
hazard to life or property.
h. Inspect wiring of equipment before each use. Extension cords should be visually inspected for
damage to outer jacket or insulation and for evidence or possible internal damage (such as pinched or
crushed outer jacket.)
i. Replace damaged or frayed electrical cords IMMEDIATELY.
j. Extension cords crossing sidewalks must be covered by a rubber mat and taped.
k. Extension cords shall be plugged directly into an approved receptacle.
1. The ampacity of the extension cords shall not be less than the rated capacity of the portable appliance
supplied by the cord.
in. Extension cords shall be grounded.
n. Extension cords can't be used in a series. Please be sure extension cords are of sufficient length.
Commercial Cooking Equipment
o. Portable fire extinguishers shall be provided. At a minimum, a UL rated 2A-I013C fire extinguisher
is required to be installed in all contracted food and beverage concession stands. Fire extinguishers
shall be located in conspicuous locations that are easily accessible and are not obstructed or obscured
from view. Cooking equipment involving vegetable or animal oils and fats shall be further protected
by a Class K rated portable extinguisher.
p. Three or less grease producing appliances, the concessionaire will provide an easily recognizable and
accessible fuel shut off, i.e. hand -turn valve or electrical breaker.
q. Four or more grease producing appliances, the concessionaire will provide an easily recognizable
and accessible fuel shut off, i.e. hand -turn valve or electrical breaker and a hood system with
compliant fixed suppression system with fuel shut off.
Compressed Gas Cylinders
r. All compressed gas cylinders, including but not limited to propane, Co2, helium, etc., shall be
properly secured to prevent falling caused by contact, vibration, or seismic activity.
EXHIBIT B
SCHEDULE OF SERVICES
1. Concessionaire will be in operation during Festival hours:
■ Thursday, June 11, 2015 — 6:00 p.m. to 9:55 p.m.*
■ Friday, June 12,2015— 10:00 a.m. to 9:55 p.m.*
■ Saturday, June 13, 2015 —10:00 a.m. to 9:55 p.m.*
■ Sunday, June 14, 2015 —10:00 a.m. to 5:00 p.m.
*NOTE: Booths close 5 minutes prior to park closing time, which is 10:00 p.m. by City curfew.
2. CONCESSIONAIRE MAY NOT BEGIN SETTING UP BOOTH BEFORE 12:00 NOON,
WEDNESDAY, JUNE 10! The assignment of this set-up time for concessionaire allows the Festival crew
to complete its own set-up preparations. Please do not challenge this time by arriving early in the park.
You will not be allowed to enter earlier than noon. This is a first-come, first served situation. We
appreciate your patience with others in their process to get situated.
Booth set-up must be completed by 10:00 a.m., Thursday, June 11, 2015.
4. Pre -Event Inspection: Thursday, June 11, 10:00 a.m. to 3:00 p.m.
5. Important! A brief food handler's course will be conducted on Festival Grounds on Thursday, June 11`" at
9:00 a.m. in the Food Tent. Attendance is especially important for workers hired on a temporary basis,
solely for the Festival.
6. The Festival is an outdoor event, and the Food Concessions will remain in Oakdale Park for the duration of
the event, rain or shine.
EXHIBIT C
BASIS OF PAYMENT
1. Compensation
For the 2015 Smoky Hill River Festival, fees will be the same for all food concessionaires: $300 deposit
deducted from 18% of gross sales (after sales tax). The $300.00 Concession deposit is non-refundable.
2. Invoices
a. Concessionaires must report to the Food Committee the total gross receipts of the prior day's sales before
opening for the current day's business. Total receipts must be reported to the Committee prior to leaving
the Festival grounds on Sunday, June 14, 2015; or, at the latest, by phone (785.309.5770) at NOON,
Monday, June 15, 2015.
b. Concessionaires will be charged for electrical wiring requirements. The park is equipped with electricity
as follows: 110V available in 20 amp outlets and 120-240V available in 20, 30, 50 and 100 amp outlets.
Very few direct wiring connections are available. All unusual connections on site must be made by the
Festival Electrician. The cost of the work ($105 for direct wiring) will be an expense of the
Concessionaire. SEE ALSO "ELECTRICAL ISSUES" and "FOOD CONCESSIONAIRE
TECHNICAL SPECIFICATION SHEET" (enclosed).
c. All persons working in concession booths or makine deliveries to booths must have a Festival
Admission Button. Use the enclosed form to order buttons in advance, if you wish.
3. Payment
Final settlement, based on the agreed 18% of gross receipts (after sales tax), must be received at the
Festival Office no later than Monday, Jul 6 2015. (NOTE: Immediately following the Festival, you will
be mailed an invoice for the amount owed.)
EXHIBIT D
INSURANCE REQUIREMENTS
Pursuant to Section 6 of the Agreement, the Contractor shall obtain, pay for, and maintain — and shall require
each of its authorized subcontractors to obtain and maintain — for the duration of the Agreement, policies of
insurance meeting the following requirements:
Concessionaire must provide the Smoky Hill River Festival with a Certificate of Insurance from your insurance
carrier, listing the Smoky Hill River Festival as an additional insured, and indicating general liability coverage of
10
at least $1,000,000 for your premises and operations, as well as product liability. If applicable, also furnish a
certificate of workman's compensation policy and employer's liability insurance.
Security will be provided in the park, but you, as a Concessionaire shall assume all risk as outlined in items #7
and #S on page 3 in the AGREEMENT FOR SERVICES.
AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS
and
University United Methodist Church
for
2015 Smoky Hill River Festival Food Concession Services
This Agreement is entered into on the latest date of execution shown on the signature page by and between the
City of Salina, Kansas, (the "City") and University United Methodist Church (the "Contractor/Concessionaire").
Recitals
A. The City owns and operates the Smoky Hill River Festival
B. The City desires to contract for Food Concession services for the purpose of serving food at the Smoky Hill
River Festival, in Oakdale Park, in compliance with federal, state, and local regulations.
C. The Concessionaire has the requisite qualifications and experience to perform the services needed by the City
and desires to perform those services pursuant to the terms of this Agreement.
The parties, in consideration of the mutual promises set forth in this Agreement, agree and covenant:
1. Definitions. Capitalized words used in this Agreement shall have the following meanings:
"Agreement" means this Agreement for Festival Food Concession Services, as amended and supplemented
from time to time.
"City" means the City of Salina, Kansas (Arts & Humanities Department).
"Concessionaire" means University United Methodist Church and its successors or assigns approved pursuant
to this Agreement.
2. Exhibits. The following Exhibits are attached to and made a part of this Agreement (Mark with "X" if
applicable)"
Exhibit A: Responsibilities of the Parties
Exhibit B: Term; Schedule
Exhibit C: Basis for Payment M
Exhibit D: Insurance Requirements M
Exhibit E: Food Concessionaire Special Exhibit; M
Technical Specification Sheet
5
1. Responsibilities of the Parties. The parties agree to
perform the responsibilities outlined in the attached and incorporated
Exhibit A.
2. Term, Schedule. The Contractor agrees to perform its
responsibilities during the term and according to the timeframe and
schedule described in Exhibit B, subject to the potential for prior
termination pursuant to the terms of this Agreement.
3. Payment. The City shall pay the Contractor for the
performance of its responsibilities pursuant to this Agreement as set
forth in Exhibit C.
4. Insurance Requirements.
6.1. Types and Amount of Coverage. The Contractor
agrees to obtain insurance coverage as specified in Exhibit D,
attached hereto, and shall not make any material modification or
change from these specifications without the prior approval of the
City. If the Contractor subcontracts any of its obligations under this
Agreement, the Contractor shall require each such subcontractor to
obtain insurance coverage as specified in Exhibit D. Failure of the
Contractor or its subcontractors to comply with these requirements
shall not be construed as a waiver of these requirements or provisions
and shall not relieve the Contractor of liability.
6.2. Ratin . All insurance policies shall be issued by
insurance companies rated no less than A- VII in the most recent
"Bests" insurance guide, and admitted in the State of Kansas. Except
as otherwise specified in Exhibit D, all such policies shall be in such
form and contain such provisions as are generally considered
standard for the type of insurance involved.
6.3. The parties acknowledge that the Contractor has
provided the City with a certificate of insurance listing the City as the
Certificate Holder and evidencing compliance with the insurance
requirements in this Agreement. The City reserves the right to
require complete certified copies of all insurance policies procured by
the Contractor pursuant to this Agreement, including any and all
endorsements affecting the coverage required hereunder.
5. Iniury to Persons or Damage to Property. The
Contractor acknowledges responsibility for any injury to person(s) or
damage to property caused by its employees or agents in the
performance of its duties under this Agreement and shall immediately
notify the City's Risk Management Department at (785) 309-5705 in
the event of such injury to person(s) or damage to property.
6. Indemnification. To the fullest extent permitted by law,
the Contractor shall defend, indemnify and hold harmless the City, its
agents, representatives, officers, officials and employees from and
against all claims, damages, losses and expenses (including but not
limited to attorney fees and court costs) attributable to bodily injury,
sickness, disease, death, or injury to, impairment, or destruction of
property, including loss of use resulting therefrom, to the extent that
such claims, damages, losses, and expenses relate to, arise out of, or
are alleged to have resulted from the wrongful acts, negligent acts,
errors, omissions, or defective work or services of the Contractor, its
employees, agents, or any tier of subcontractors in the performance of
this Agreement.
on
7. Voluntary Termination. Either party may terminate
this Agreement, with or without cause, upon thirty (30) days
advance written notice to the other party. In the event of such
termination, the Contractor shall be compensated for such
services as have been satisfactorily performed through the date
of termination, but no compensation shall be earned after the
effective date of the termination. Within five (5) days of any
such termination, all finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs, reports
or other material prepared by the Contractor pursuant to this
Agreement shall be delivered to the City. Notwithstanding the
above, the Contractor shall not be relieved of any liability to the
City for damages sustained by the City by virtue of any breach of
this Agreement by the Contractor, and the City may withhold
any payments to the Contractor for the purposes of set-off until
such time as the exact amount of damages due the City from the
Contractor may be determined.
8. Default. If either party fails to comply with any term of
this Agreement within ten (10) days after written notice to comply
has been mailed by the non -defaulting party to the defaulting party,
such failure shall be deemed an immediate breach of this Agreement
("Event of Default").
9. Remedies. Upon the occurrence of an Event of Default,
the non -defaulting party shall have the following rights and remedies,
in addition to any other rights and remedies provided under this
Agreement or by law:
11.1 Termination. The non -defaulting party shall have
the right to terminate this Agreement or terminate the defaulting
party's rights under this Agreement.
11.2 The non -defaulting party may pursue any
available remedy at law or in equity (including specific performance)
by suit, action, mandamus or other proceeding to enforce and compel
the performance of the duties and obligations set forth in this
Agreement, to enforce or preserve any other rights or interests of the
non -defaulting party under this Agreement or otherwise existing at
law or in equity and to recover any damages incurred by the non -
defaulting party resulting from such Event of Default..
10. Non -Assignable. Due to the unique qualifications and
capabilities of the Contractor, neither the rights nor responsibilities
provided for under this Agreement shall be assignable by either party,
either in whole or in part.
11. Notices. All notices required or permitted to be given
pursuant to this Agreement shall be in writing and delivered
personally or sent by registered or certified mail, return receipt
requested, or by generally recognized, prepaid, commercial courier or
overnight air courier service. Notice shall be considered given when
received on the date appearing on the return receipt, but if the receipt is
not returned within five (5) days, then three (3) days after mailed, if
sent by registered or certified mail or commercial courier service; or
the next business day, if sent by overnight air courier service. 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
CONTRACTOR: �., ', uk rs ; 0 'Jx d
So c S. S n6,k 1'
12. Retention and Inspection of Records. The Contractor
shall maintain complete, accurate, and clearly identifiable records
with respect to all costs and expenses incurred under this Agreement.
The records shall be maintained during the term of this Agreement,
and for a period of three (3) years from the date of final payment
under this Agreement (the "Retention Period"); provided, however,
that if any litigation, claim or audit is commenced prior to the
expiration of the Retention Period, then the Retention Period shall be
extended until all litigation, claims or audit findings have been
completely terminated or resolved, without right of further appeal.
During the Retention Period, the Contractor shall allow a
representative of the City during normal business hours to examine,
audit, and make transcripts or copies of such records and any other
documents created pursuant to, or arising under, this Agreement. The
City agrees to responsibly utilize all information obtained pursuant to
this paragraph for the purposes of reviewing, confirming, and
verifying the nature and amount of all costs and expenses incurred
under this Agreement. The City agrees to take reasonable
precautions not to disclose such information outside the scope of
those stated purposes, subject to the Kansas open records act or other
applicable law.
13. Non -appropriation. The City is subject to Kansas budget
and cash basis laws, and operates on a calendar fiscal year. In the
event that this Agreement involves financial obligations spanning
multiple fiscal years for the City, it is subject to annual appropriation
by the City's governing body for future fiscal years. If the City's
governing body does not appropriate the funds necessary to fulfill the
City's financial obligations pursuant to this Agreement, the City shall
so notify the other parties to this Agreement and this Agreement shall
be null and void for purposes of the fiscal year(s) affected by the
decision of the governing body not to appropriate.
14. Relationship. It is expressly understood that Contractor in
performing services under this Agreement, does so as an independent
contractor. The City shall neither have nor exercise any control or
direction over the methods by which Contractor performs its
responsibilities as outlined in Exhibit A. The sole interest and
responsibility of the City is to see that the services covered by this
Agreement are performed and rendered in a competent, efficient, and
satisfactory manner. Contractor shall be exclusively responsible for
all taxes, withholding payments, employment -based benefits,
deferred compensation plans, including but not limited to its workers
compensation and social security obligations, and the filing of all
necessary documents, forms, or returns pertinent to the foregoing.
15. Subcontractine. Contractor shall not subcontract any
work or services under this Agreement without the City's prior
written consent.
16. Compliance with Applicable Law.
Contractor shall comply with all applicable federal, state, and
local law in the performance of this Agreement.
17. Equal Opportunity.
(a) In conformity with the Kansas act against discrimination and
Chapter 13 of the Salina Code, the Contractor and its
subcontractors, if any, agree that:
(1) The Contractor shall observe the provisions of the
Kansas act against discrimination and Chapter 13
of the Salina Code and in doing so shall not
discriminate against any person in the performance
of work under this Agreement because of race, sex,
religion, age, color, national origin, ancestry or
disability;
(2) The Contractor shall include in all solicitations, or
advertisements for employees, the phrase "equal
opportunity employer," or a similar phrase to be
approved by the City's human relations director;
(3) If the Contractor fails to comply with the manner in
which the Contractor reports to the Kansas human rights
commission in accordance with the provisions of K.S.A.
44-1031 and amendments thereto, the Contractor shall be
deemed to have breached this Agreement and it may be
canceled, terminated or suspended, in whole or in part,
by the City;
(4) If the Contractor is found guilty of a violation of Chapter
13 of the Salina Code or the Kansas act against
discrimination under a decision or order of the Salina
human relations commission or the Kansas human rights
commission which has become final, the Contractor shall
be deemed to have breached this Agreement and it may
be canceled, terminated or suspended, in whole or in
part, by the City;
(5) The Contractor shall not discriminate against any
employee or applicant for employment in the
performance of this Agreement because of race, sex,
religion, age, color, national origin, ancestry or
disability; and
(6) The Contractor shall include similar provisions in any
subcontract under this Agreement.
(b) The provisions of this section shall not apply to this Contract
if the Contractor:
(1) Employs fewer than four employees during the
term of this Agreement; or
(2) Contracts with the City for cumulatively $5,000 or less
during the City's calendar fiscal year.
18. Administration of Agreement. All references in this
Agreement requiring the City's participation or approval shall mean the
participation or approval of the City Manager or his designee, unless
otherwise provided herein.
19. Attorney Fees. If any suit or action is instituted by either
party hereunder, including all appeals, the prevailing party in such suit
or action shall be entitled to recover reasonable attorney fees and
expenses from the non -prevailing party, in addition to any other amounts
to which it may be entitled.
20. Rieht to Independent Leeal Advice. The Contractor
understands and acknowledges the right to have this Agreement
reviewed by legal counsel of the Contractor's choice.
21. Applicable Law, Venue. This Agreement and its validity,
construction and performance shall be governed by the laws of Kansas.
In the event of any legal action to enforce or interpret this Agreement,
the sole and exclusive venue shall be in the Saline County, Kansas
District Court.
22. Interpretation. This Agreement shall be interpreted
according to its fair meaning, and not in favor of or against any party.
23. 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.
24. Severability. The unenforceability, invalidity, or illegality of
any provision of this Agreement shall not render the other provisions
unenforceable, invalid, or illegal.
25. Authority and Consent to Transaction. Each party
represents to the other that the person executing this Agreement has
full and legal authority to bind such party to the terms of this
Agreement, and that the execution and delivery of this Agreement
have been duly and validly authorized by the governing body of each
party.
26. Persons Bound. This Agreement shall extend to and bind
the heirs, executors, administrators, trustees, successors and authorized
assigns of the parties hereto.
27. Counterparts. This Agreement 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.
28. Amendments. Neither this Agreement nor any of its terms
may be changed or modified, waived, or terminated except by an
instrument in writing signed by an authorized representative of the party
against whom the enforcement of the change, waiver, or termination is
sought.
29. Waiver. No failure or delay by a party hereto to insist on the
strict performance of any term of this Agreement, or to exercise any
right or remedy consequent to a breach thereof, shall constitute a waiver
of any breach or any subsequent breach of such tern. No waiver of any
breach hereunder shall affect or alter the remaining terms of this
Agreement, but each and every tern of this Agreement shall continue in
full force and effect with respect to any other then existing or subsequent
breach thereof.
30. Conflict Resolution. No interpretation of this Agreement
shall be allowed to find the City has agreed to binding arbitration.
31. No Third Party Beneficiaries. Solely the parties to this
Agreement shall have rights and may make claims under this
Agreement. There are no intended third party beneficiaries under this
Agreement, and no third parties shall have any rights or make any
claims hereunder.
32. Tvvewritten or Handwritten Provisions. Typewritten or
handwritten provisions inserted or attached, and initialed by all parties,
shall supersede all conflicting printed provisions.
33. Feminine -Masculine, Singular -Plural. Wherever used,
singular shall include the plural, plural the singular, and use of any
gender shall include all genders.
34. Headings. The headings of the sections of this Agreement
are included for the purposes of convenience only and shall not affect
the interpretation of any provision hereof.
35. 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.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their authorized representatives.
CITY OF SAALINA, KANSAS (ks�
By: N
Brad Anderson, Executive Director
Date: �) —1 �s i S
By: ��-cA (.1 I."L
i„tti n. C_ (contractor/concessionaire name)
(contractor/concessionaire title)