payless cashway util dropFJ
A G R E E M E N T
THIS AGREEMENT entered into this 121*K day of LL',. ,
1A93 by and between the City of Salina , hereinafter
referred to as "utility company" and the Payless Cashways Building
Materials, hereinafter referred to as "Payless Cashways",
concerning the implementation of a utility company bill payment drop
box system at the Payless Cashways store located in
Salina, Ks.
NOW THEREFORE, in consideration of the mutual benefits,
covenants, and promised hereinafter set forth the parties agree to
the following:
1. Payless Cashways will provide and install at Payless's
expense a locked drop box facility located in Salina, Ks
2. Payless Cashways will provide, at its expense, a metal
drop box for its location and on additional drop box to be kept by
the utility company, for the collection of utility company payments
which are deposited at the drop box facility. The metal drop boxes
will include a lock and key.
3. Payless Cashways will not have access to or maintain a key
to the lock on said drop boxes. A key to open the drop boxes will be
maintained only by the utility company.
4. The utility company will be responsible for picking up such
lock boxes containing the utility company payments from Payless
Cashways on a daily (Monday through Friday) basis, excluding holidays.
5. At all times provided herein, such payments shall be and
remain the property of the utility company and Payless Cashways shall
I
be the trustee thereof.
6. The utility company shall provide and maintain a supply of
envelopes to be made available for customer use at the drop box
facility.
7. It is understood and agreed that Payless Cashways is not an
employee of the utility company, but shall be deemed an independent
contractor for all purposes.
8. The utility company agrees to indemnify and to hold harmless
Payless Cashways from any loss as a result of Payless Cashways
following any of the above conditions.
9. The utility company agrees that Payless Cashways
responsibility to the utility company herein provided shall be
limited to the exercise or ordinary care and diligence. Failure to
exercise ordinary care and diligence shall not be inferable by reason
of a loss of an item without in addition thereto a showing of
negligence on Payless Cashways' part, its agents or employees.
10. In no event shall Payless Cashways be liable to the utility
company for failure to follow any of the operating conditions set
forth herein, including without limitation failure to perform any
services within the time provided herefore, if the failure to
perform is due to the occurrence of any of the following events: Any
act of failure to act by the utility company, mechanical failures of
Payless Cashways' equipment, fire or other casualty, riot or civil
commotion, windstorms, earthquakes, floods, or other acts of God,
delay in transportation, government regulations or interference, or
any event beyond Payless Cashways control. In no event shall Payless
Cashways be liable to the utility company for special or
r.
consequential damages.
11. Any changes which may occur from time to time will be made
in writing to become a part of this agreement upon mutual acceptance.
12. This agreement may be terminated by either party by written
notice of revocation delivered to the other party at the address
shown herein.
ATTEST:
[SE Fit-]
ATTE%Tt
Accepted i 2. 19v
By
City of Salina Kansa
Peter F. Brungardt, Mayor