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Locking Downtown Restrooms <. AGRBEHBNT WITH INDBPENDENT CONTRACTOR 1"L. This Agreement is entered into this I~ day of March, 1992 by the city of Salina, a Kansas municipal corporation (the "city") and Paul J. Gestl, Sr. d/b/a Merchants special Police service (the "contractor"). Recitals A. The City has a number of public restrooms in the downtown area that need to be locked after 6:00 p.m. each evening. B. The restrooms are currently locked by patrol officers of the Salina Police Department. C. The locking of the restrooms after 6:00 p.m. can be more economically accomplished by contracting with a private independent contractor experienced in security. THB PARTIBS therefore agree: 1. Services. The Contractor agrees to lock the restroom doors to the five sets of restrooms located in the downtown area, as follows: a. east side of North Fifth Street, just north of old Days Inn Motel. b. west side of the 100 block of North Santa Fe in the old arcade across from Bank IV. c. west side of the 100 block of South Fifth Street in parking lot B. d. east side of the 100 block of South Seventh Street in the parking lot. e. east side of the 200 block of South Seventh Street in the parking lot. Each restroom is to be locked between 6:00 p.m. and 7:00 p.m., seven days per week, 365 days per year. When locking the restrooms, the Contractor agrees to make a visual inspection of each restroom and to report any damage or vandalism to designated Park Department personnel. 2. Compensation. The Contractor shall be compensated at the rate of fifty cents ($.50) per set of restrooms per day, or two dollars and fifty cents ($2.50) per day for all five sets of restrooms. The Contractor shall submit a statement to the City for payment once per month which shall specify the days to which the charges relate. . 3. IndeDendent Contractor. The relationship between the city and the Contractor is strictly that of an independent contractor. The Contractor is solely responsible for any matters pertaining to persons in Contractor's employment. ~ 4. Term. The term of this agreement shall be from March /3, 1992 through December 31, 1992 and shall self-renew thereafter for addi tional terms of one year, unless otherwise terminated by either party. Either party may terminate this Agreement at any time and for any reason by giving the other party no less than 30 days written notice of such termination. 5. Indemnification. The Contractor agrees to indemnify and hold the city harmless from any expense (including legal fees), costs, losses, claims, or judgments incurred by the city arising out of any intentional or negligent act or omission of the Contractor or his agents or employees in performing this contract. 6. Bindina effect. This Agreement shall be binding upon the parties and the Contractor's heirs, beneficiaries, and personal representatives. EXECUTED the day and year written above. anager Merchants