Volunteer Cleaning River Channel
AGREEMENT
This Agreement is entered into this 3rd day of July. 1989. between the City
of Salina. Kansas (the "City"). and General Service Construction Company (the
"Contractor").
WHEREAS. the City desires to continue \\lith efforts 1::0 clean and clear out
the Old Smoky Hill River channel \;,ithin the corporate limits of the City of
Salina; and
I~EREAS. The Contractor desires to assist the City in its efforts by
donating time. materials. labor and the use of equipment for the purposes of
cleaning and clearing out said river channel.
NOW. THEREFORE. the two parties hereby agree as follows:
1. Relationship of parties.
The parties acknowledge 1::hat the Contractor's relationship to the City is
that of a volunteer contractor. No agent. employee. or servant of the Contractor
shall be or shall be deemed to be the employee. agent or servant of the City.
The Contractor will be solely and entirely responsible for its acts and for the
acts of its agents. employees. servants and subcontractors during the performance
of work under this Agreement.
2. Compensation.
In consideration for Contractor's performance of work under this Agreement.
no money will be paid by the City since it is the desire of the Contractor to
donate all his services.
3. Term.
The term of this Agreement shall commence on July 3. 1989. and shall
terminate no later than August 31. 1989.
4. Access to property.
As a volunteer contractor. the Contractor shall be responsible for obtaining
permission from the owners of any property not owned by the City before going
upon such property for the purpose of cleaning and clearing said river under this
agreement. Access to property owned by the City is hereby granted.
S. Insurance.
The Contractor agrees to carry public liability insurance in an amount equal
to the maximum exposure of the City under the Kansas Tort Claims Act (currently
$500.000). The Contractor also agrees to carry workers' compensation insurance
in the amount currently required by Kansas Statute. The Contractor agrees to
continue both policies over the term of this Agreement and to give at least ten
(10) days written notice before either policy is substantially changed. not
renewed or cancelled. In addition. the Contractor agrees to provide a
certificate of insurance to the City for each policy herein required.
Page 2
6. Indemnification.
The Contractor agrees to indemnify and hold the City harmless from any loss
resulting from any claim made against the City for damages arising out of or
related to the work to be performed by the Contractor under this Agreement.
including reasonable attorney's fees and any other costs of defense against such
('laim.
~\NDY N. STERRETT d/b/a
GENERAL SERVICE CONSTRUCTION COMPANY
~ a~-?( $#A--AdH-:
"Contl'acto ."
Date: ZJt..tLY 7:S-/7'~?