Sale & Purchase of Dedication Monument (Karen M. Graves Plaza) AGREEMENT
for
SALE AND PURCHASE OF DEDICATION MONUMENT
This Agreement is entered into August 14. 2017. by and between the City of Salina, Kansas
(the "City"). and Main Brothers, Inc.. a Kansas corporation d/b/a Memorial Art Company (the
-Contractor").
Recitals
A. The City desires to contract for the purchase. delivery, and installation of a dedication
monument to be installed outside of the Tony's Pizza Events Center in an area to be known as the
"Karen M. Graves Plaza," in compliance with federal. state, and local regulations.
B. The Contractor has the requisite qualifications and experience to furnish the goods and
services needed by the City and desires to furnish the goods and 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. Sale of Deliverables. The Contractor agrees to sell, and the City agrees to buy. the
equipment. accessories, and services specified in the attached and incorporated Exhibit A (the
"Deliverables"), all in accordance with the terms of this Agreement.
2. Term; Schedule. The Contractor agrees to deliver and install the Deliverables to
the Tony's Pizza Events Center. 800 The Midway, Salina, Kansas 67401, in the location depicted
on Exhibit A, on or before December 12, 2017.
3. Payment. In consideration for the Contractor's furnishing of the Deliverables, the
City shall pay to the Contractor the sum of$4.995.00.
4. Insurance Requirements.
4.1. Types and Amount of Coverage. The Contractor agrees to obtain insurance
coverage as specified in Exhibit B. 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 B. 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.
4.2. Rating. 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 B.all such policies shall be in such form and contain such
provisions as are generally considered standard for the type of insurance involved.
4.3. Certificate of Insurance. 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. Standard Purchase Terms and Conditions. This Agreement shall be deemed to
include,and shall be subject to,the City's Standard Purchase Terms and Conditions.which are set
forth in the attached and incorporated Exhibit C.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
authorized representatives.
City of Salina, Kansas Main Brothers,Inc., d/b/a/Memorial Art
300 W.Ash St. Company
Salina, KS 67401 1608 S. 9th St.
Salina,KS 67401
4.W11\11 . ! Ilk. A .% __ 0 .1".... N: (.--‘,_
Kaye Cra; o a ayor
An.,1 tyk,.„r1 (name)
Ow + 9 4, (title)
Attest: �l&V)
Shan i Wicks,CMC,City Clerk
Form: .40,, • =__
a..al Co
2
Exhibit A
Description of Deliverables
The Deliverables purchased under this Agreement shall consist of the following items, all of
which shall conform to the design specifications and drawings attached hereto(the"Specifications"):
See attached
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23" TALL
0.75" THICK
BLACK GRAf1ITE
3'4" 3'IO"
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EXHIBIT B
INSURANCE REQUIREMENTS
Pursuant to Section 4 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:
1. General Requirements.
A. Additional Insured. With the exception of any workers' compensation and professional
liability policies to be obtained by the Contractor hereunder, all policies shall name the City of Salina
("City"),its agents,representatives,officers,officials,and employees as additional insured(s). Insurance
for the additional insured shall extend to Products/Completed Operations and be as broad as the
insurance for the named insured, including defense expense coverage, and, with respect to the
commercial general liability policy required hereunder, shall be endorsed to apply as primary and non-
contributory insurance before any other insurance or self-insurance, including any deductible.
maintained by, or provided to,the additional insured(s).
B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver of
subrogation in favor of the City, its agents, representatives,officers,officials, and employees.
C. Claims Made Policies. If coverage is written on a claims-made basis for any of the
policies required by this Agreement, the Contractor must maintain the coverage for a minimum of two
(2) years from the date of final completion of all work under the Agreement.
D. Premium and Deductible Expenses. The Contractor shall be responsible for all premiums
and retention or deductible expense for any and all policies required by this Agreement.
2. Specific Coverage Requirements.
A. Commercial General Liability ("CGL"). The Contractor shall maintain CGL coverage
written on ISO Occurrence form CGOO 01 or an industry equivalent, which shall cover liability arising
from Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Products and
Completed Operations, Contractual Liability, Independent Contractors and Advertising Injury. The
policy limits shall not be less than the following:
• Each occurrence $1,000,000
• General aggregate $2,000,000
• Personal and Advertising Liability $1,000,000
The policy shall contain an endorsement that modifies the general aggregate to apply separately to each
project_ The Contractor shall maintain the Products and Completed Operations liability coverage for a
period of at least two(2)years after completion of all work under the Contract.
B. Business Automobile Liability ("BAL"). The Contractor shall maintain BAL coverage
written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable to all autos and
other vehicles subject to compulsory auto liability laws that are owned, hired, rented or used by the
Contractor and include automobiles not owned by but used on behalf of the Contractor. The BAL policy
limits shall not be less than the following:
Standard Purchase Terms and Conditions(2014-09-21)
• Combined single limit $1,000,000
C. Workers' Compensation/Employer's Liability. The Contractor shall maintain Nvorkers'
compensation and employer's liability coverage with policy limits not less than the following:
• Workers' Compensation (Coverage Part A)
o Statutory
• Employer's Liability (Coverage Part B)
o $100,000 each accident
o $500.000 disease —policy limit
o $100,000 disease —each employee
5
ACO CERTIFICATE OF LIABILITY INSURANCE DA?E;Y4 DC YYYY;
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policyliesi must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Derek Krier
NAME:
Assurance PartnersQ No,
(B00)563-11371 IAImC.Neu 47$S)4125-sera
201 8 Iron Avenue ,ADDRE,IDORIE SS: r�dkrie ouraseuraaca.com
P.O. Box 1213 INsuRENs)AFFORDING COVERAGE RAID/
Salina KS 67402-1213 inseam a:Travelers Property Casualty Co of 25674
INSURED ssuRJ31Ie Accident Fund General 12304
Main Brothers Inc, DBA: Memorial Art Company INSURERC:
1608 S 9th St INSURER D:
INSURER E
Salina KS 67401 INSURER F
COVERAGES CERTIFICATE NUMBER:17.18 All Lines REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUER POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE IVSD WVD POLICY NUMBER (MIf1DDIYYYYI IMMDD.'YYYY) UrT$
X COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE s 1.000,000
OMJATO
A CAIMS-MADE X OCCUR PREEMSES EaE
NTED
Lomirrwga) , 5 300,000
1)---] X Y 6B0-7C667570-17-42 2/15/2017 2/15/201! MED EXP LMyone parson) S 5.000
PERSONALtADNNJURV $ 1,000,000
GEIILAGGREGATE LIMIT APPLIES PER LGENERAL AGGREGATE $ 2,000,000
X POUCY PROT LOC PRODUCTS-COMP $ 2.000,000
JEC
OTHER $
AUTOMOBILE UABIUTY COMBINED SINGLE LASTS 1,000,000
LEa acassr) ,
X ANY AUTO I I BOOBY mum(PIN person) $
A mALLOVJNEO SCHEDULED BA-!C250215-17-SEL 2/15/2017 2/15/201! BODILY INJURY par acridra) $
I AUTOS AuTOS
NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS AUTOS LPa accicl•lt)
$
UMBRELLA UAB OCCUR EACH OCCURRENCE $
EXCESS LUIS CLAIMS-MADE AGGREGATE $
DEO RETENTIONS 1
WORKERS COMPENSATION X OTH
AND EMPLOYERS'UABIILETY PER
ER
ANY PROPRIETOWPARTNEREXECUTIVE Y f N NIA EL EACH ACCCIENT S 1,000,000
13 OFFICERAIEMBER EXCLUDED1
(Mandatory In NH) 91CV613$SS6 1/21/2017 i 1/20/2015 E.L OISEASE-EA EMPLOYEE S 1,000.000
If yea.
DESCRIPTION OF OPERATIONS below E.L.DISEASE•POLICY LIMIT S 1,000,000
DESCRIPTION OF OPERATIONS i LOCATIONS i VEHICLES (ACORD Ill.Additional Remarks Schedule,may be attached it more space is required)
CGD037 CGD186
CERTIFICATE HOLDER CANCELLATION
certofins@salina.org
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Salina THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
300 W. Ash ACCORDANCE WITH THE POLICY PROVISIONS.
P.O. Box 736
Salina, KS 67402 AUTHORIZED REPRESENTATIVE
Derek Krier/DKRIER
k '-'7 ...'.. .•. —
1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
INSO2512014011
EXHIBIT C
CITY OF SALINA, KANSAS
STANDARD PURCHASE TERMS AND CONDITIONS
I. Contractor's Obligations.The Contractor shall non-defective and conform in every respect to the
fully and timely provide all Deliverables described in Agreement.
the Agreement in strict accordance with the terms,
covenants. and conditions of this Agreement, the 6. Invoices. Invoices shall be prepared and
Specifications, and all applicable federal, state, and submitted in duplicate to the "ship-to" address
local laws. specified on the purchase order. Separate invoices are
required for each purchase order. Invoices shall
2. Effective Date;Term.This Agreement shall be contain the following information: purchase order
effective as of the date of the City's purchase order,and number, item number, description of goods or services.
shall continue in effect until all obligations are sizes, units of measure, quantity, unit price, and
performed in accordance with this Agreement. The extended totals.
Contractor shall furnish the Deliverables, and provide
all related services, on or before the date(s) or within 7. Payment. The City shall pay the Contractor for
the time(s)specified in the Agreement. goods and services rendered, in one lump sum, which
shall be due and payable to Contractor within thirty
3. Title & Risk of Loss. Title to and risk of loss (30) calendar days after the City's receipt of the
of the Deliverables shall pass to the City only when invoice. Provided, however, that no payment shall be
clear and unencumbered title to the Deliverables has due until after:(a)the City has issued a Notification of
been furnished to the City and Notification of Acceptance with respect to all Deliverables covered by
Acceptance has been issued by the City. the invoice; and (b) the Contractor has provided clear
and unencumbered title to the Deliverables. No.
4. Delivery Terms and Transportation Charges. C.O.D.s will be accepted.
All deliveries shall be F.O.B. destination with all
transportation and handling charges paid by the S. Warranties. The Contractor warrants and
Contractor. The place of delivery shall be that location represents that all Deliverables sold to the City under
set forth in the purchase order. this Agreement shall be free from defects in design.
workmanship or manufacture, and further represents
5. Inspections; Rejection; Withholding and warrants that all Deliverables shall conform in all
Acceptance Pending Cure. The City expressly reserves material respects to: (i) the Specifications, drawings,
all rights to inspect the Deliverables within a reasonable and descriptions; (ii) any samples furnished by the
time after delivery, and to reject defective or non- Contractor: (iii)the terms,covenants and conditions of
conforming goods. Notwithstanding anything to the this Agreement; and (iv)all applicable state. federal or
contrary contained in applicable law or in any laws of local laws, rules, and regulations. and industry codes
sales or standards and practices in the industry, any and standards. These warranties shall be in addition to
acknowledgement of receipt or delivery of the any other warranty or guarantee provided by the
Deliverables by the City shall not constitute acceptance Contractor. Unless otherwise stated in the
by the City or waiver of any- defects or Specifications, the Deliverables shall be new
nonconformance. Acceptance of the Deliverables shall merchandise, and not used or reconditioned. The
not be deemed to occur until the City's issuance of the Contractor may not limit, exclude or disclaim the
written Notification of Acceptance to the Contractor. forgoing warranties or any warranty implied by law,
The City reserves the right to reject the Deliverables,in and any attempt to do so shall be without force or effect.
whole or in part, if the Deliverables fail in any respect The warranty period shall be at least one year from the
to conform to the Specifications and requirements date of acceptance of the Deliverables or from the date
contained in or made a part of the Bid; if they are of acceptance of any replacement Deliverables,or such
defective in any respect; or if they have not been longer period as may be required by the Specifications.
properly or satisfactorily installed or equipped. If the If the Contractor is not the manufacturer and the
Deliverables are substantially in compliance with the Deliverables are covered by a separate manufacturer's
Specifications, but are defective or nonconforming to warranty,the Contractor shall transfer and assign such
some degree, the City may, in its sole discretion, manufacturer's warranty to the City. If for any reason
withhold acceptance until the Deliverables are rendered the manufacturer's warranty cannot be fully transferred
to the City, the Contractor shall assist and cooperate
Standard Purchase Terms and Conditions(2014-09-21)
with the City to the fullest extent to enforce such such exceptions. if any, specified in the notice of
manufacturer's warranty for the benefit of the City. termination. The City shall pay the Contractor, to the
extent of funds appropriated or otherwise legally
9. Indemnification. To the fullest extent available for such purposes. for all goods delivered and
permitted by law, the Contractor shall defend, services performed and obligations incurred prior to the
indemnify and hold harmless the City, its agents. date of termination in accordance with the terms hereof.
representatives, officers, officials and employees from
and against all claims. damages, losses and expenses 13. Special Tools and Test Equipment. If the price
(including but not limited to attorney fees and court stated in the Agreement includes the cost of any special
costs) attributable to bodily injury, sickness. disease, tooling or special test equipment fabricated or required
death, or injury to. impairment. or destruction of by the Contractor for the purpose of fulfilling this
property. including loss of use resulting therefrom. to Agreement. such special tooling equipment and any
the extent that such claims. damages, losses, and process sheets related thereto shall become the property
expenses relate to, arise out of. or are alleged to have of the City and shall be identified by the Contractor as
resulted from the wrongful acts, errors, mistakes, such.
omissions. or defective work or services of the
Contractor. its employees, agents, or any tier of 14. Equal Opportunity.
subcontractors in the performance of this Agreement.
(a) In conformity with the Kansas act against
10. Default. The Contractor shall be in default discrimination and Chapter 13 of the Salina
under this Agreement if the Contractor fails to perform Code. the Contractor and its subcontractors, if
any of its obligations under this Agreement within ten any, agree that:
(10) days after written notice to comply has been
mailed by the City to the Contractor ("Event of (1) The Contractor shall observe the provisions
Default"). of the Kansas act against discrimination and
Chapter 13 of the Salina Code and in doing so
11. Remedies. Upon the occurrence of an Event of shall not discriminate against any person in
Default, the City may exercise any or all of the the performance of work under this
following remedies,which are in addition to,and not in Agreement because of race,sex,religion,age.
lieu of, any other remedies available to the City under color.national origin,ancestry or disability:
law or equity: (a) terminate this Agreement and the
Contractor's rights under the Agreement: (b) procure (2) The Contractor shall include in all
the Deliverables from another source, and hold the solicitations, or advertisements for
Contractor liable for the difference in cost together with employees, the phrase "equal opportunity
incidental and consequential damages, including costs employer,"or a similar phrase to be approved
and reasonable attorney fees:or(c)hold the Contractor by the city's human relations director:
liable for the difference between market price of the
Deliverables and the agreed price herein, together with (3) If the Contractor fails to comply with the
incidental and consequential damages, including costs manner in which the Contractor reports to the
and reasonable attorney fees. In addition,the City may Kansas human rights commission in
pursue any available remedy at law or in equity accordance with the provisions of K.S.A. 44-
(including specific performance) by suit, action, 1031 and amendments thereto,the Contractor
mandamus or other proceeding to enforce and compel shall be deemed to have breached this
the performance of the Contractor's duties and Agreement and it may be canceled,
obligations set forth in this Agreement, to enforce or terminated or suspended. in whole or in part,
preserve any other rights or interests of the City under by the City:
this Agreement or otherwise existing at law or in equity
and to recover any damages incurred by the City (4) If the Contractor is found guilty of a violation
resulting from such Event of Default. of Chapter 13 of the Salina Code or the
Kansas act against discrimination under a
12. Termination without Cause. The City shall decision or order of the Salina human
have the right to terminate this Agreement. in whole or relations commission or the Kansas human
in part. without cause, at any time upon thirty (30) rights commission which has become final.
calendar days' prior written notice. Upon receipt of a the Contractor shall be deemed to have
notice of termination, the Contractor shall promptly breached this Agreement and it may be
cease all further work pursuant to the Agreement,with
7
canceled. terminated or suspended, in whole performs its services hereunder. The sole interest and
or in part.by the City: responsibility of the City is to see that the services
covered by this Agreement are performed and rendered
(5) The Contractor shall not discriminate against in a competent.efficient, and satisfactory manner. The
any employee or applicant for employment in Contractor shall be exclusively responsible for all
the performance of this Agreement because of taxes, withholding payments, employment-based
race. sex, religion,age,color, national origin. benefits, deferred compensation plans, including but
ancestry or disability; and not limited to its workers compensation and social
security obligations, and the filing of all necessary
(6) The Contractor shall include similar documents,forms,or returns pertinent to the foregoing.
provisions in any subcontract under this
Agreement. 19. Notices.All notices required or permitted to be
given pursuant to this Agreement shall be in writing
(b) The provisions of this section shall not apply to and delivered personally or sent by registered or
this Agreement if the Contractor: certified mail, return receipt requested.or by generally
recognized. prepaid, commercial courier or overnight
(1) Employs fewer than four employees during air courier service. Notice shall be considered given
the term of this Agreement; or when received on the date appearing on the return receipt.
but if the receipt is not returned within five(5)days,then
(2) Contracts with the City for cumulatively three (3) days after mailed, if sent by registered or
$5,000 or less during the City's calendar certified mail or commercial courier service:or the next
fiscal year. business day. if sent by overnight air courier service.
Notices to the Contractor shall be to the address specified
15. Taxes. The equipment purchased hereunder is in the Agreement, or at such other address as the
purchased by the City. a tax exempt entity. for public Contractor may designate via a written notice to the City.
and municipal purposes and the parties understand that Notices to the City shall be addressed to the City of
this sale shall be exempt from taxation. Salina. Attn: City Clerk, P.O. Box 736, Salina. Kansas
67402-0736.
16. Patent and Copyright Infringement. The
Contractor shall be required to pay all royalties and 20. Compliance with Applicable Law. The
license fees and shall defend. indemnify, and hold Contractor shall comply with all applicable federal,
harmless the City, its agents. representatives, officers. state. and local law in the performance of this
officials and employees from liability of any nature or Agreement.
kind,including costs and expenses. for or on account of
any patented or unpatented invention, process, article, 21. Administration of Agreement.All references in
or appliance manufactured or used in the performance this Agreement to City's participation or approval shall
of this Agreement. including its use by the City. mean the participation or approval of the City Manager.
or his or her designee,unless otherwise provided herein.
17. Non-appropriation. The City is subject to
Kansas budget and cash basis laws, and operates on a 22. Attorney Fees. If any suit or action is instituted
calendar fiscal year. In the event that this Agreement by either party hereunder, including all appeals. the
involves financial obligations spanning multiple fiscal prevailing party in such suit or action shall be entitled to
years for the City. it is subject to annual appropriation recover reasonable attorney fees and expenses from the
by the City's governing body for future fiscal years. If non-prevailing party, in addition to any other amounts to
the City's governing body does not appropriate the which it may be entitled.
funds necessary to fulfill the City's financial
obligations pursuant to this Agreement, the City shall 23. Right to Independent Legal Advice. The
so notify the other parties to this Agreement and this Contractor understands and acknowledges the right to
Agreement shall be null and void for purposes of the have this Agreement reviewed by legal counsel of the
fiscal year(s)affected by the decision of the governing Contractor's choice.
body not to appropriate.
18. Relationship. It is expressly understood that 24. Applicable Law; Venue. This Agreement and
the Contractor. in performing services under this its validity, construction and performance shall be
Agreement.does so as an independent contractor. The governed by the laws of Kansas. In the event of any legal
City shall neither have nor exercise any control or action to enforce or interpret this Agreement,the sole and
direction over the methods by which Contractor
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exclusive venue shall be in the Saline County. Kansas convenience only and shall not affect the interpretation
District Court. of any provision hereof.
25. Interpretation. This Agreement shall be 34. Binding Effect. This Agreement shall extend to
interpreted according to its fair meaning,and not in favor and bind the heirs. executors, administrators, trustees.
of or against any party. successors and authorized assigns of the parties hereto.
26. Time.Time is of the essence of this Agreement. 35. Non-Assixnable. Due to the unique
No extension will be granted unless in writing and signed qualifications and capabilities of the Contractor, neither
by the parties. Should the end of a time period fall on a the rights nor responsibilities provided for under this
legal holiday that termination time shall extend to 5:00 Agreement shall be assignable by either party. either in
p.m.of the next full business day. whole or in part.
27. Severability. The unenforceability, invalidity. 36. Entire Agreement. This Agreement constitutes
or illegality of any provision of this Agreement shall not the entire agreement between parties and supersedes all
render the other provisions unenforceable, invalid, or prior oral written understandings. This Agreement
illegal. shall not be altered. modified. amended or changed
except by written amendment signed by the parties.
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.Without limiting the foregoing.no pre-printed or
similar terms on any invoice.order.or other document
shall have any force or effect to change the terms,
covenants.and conditions of this Agreement.
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 term. No
waiver of any breach hereunder shall affect or alter the
remaining terms of this Agreement, but each and every
term 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. Feminine-Masculine,Singular-Plural.
Wherever used, singular shall include the plural, plural
the singular. and use of any gender shall include all
genders.
33. Headings. The headings of the sections of this
Agreement are included for the purposes of
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