Arts and Humanities Programming
AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS
and
SALINA ARTS AND HuMANITIES FOUNDATION
regarding
RESPONSIBILITIES RELATING TO ARTS AND HUMANITIES
PROGRAMMING
This Agreement is entered into this~day of April, 2009, by and between the City of
Salina, Kansas, a Kansas municipality, ("City") and Salina Arts and Humanities Foundation, a
Kansas not-for-profit corporation, ("SAHF").
Recitals
A. The City, upon the recommendation of the Salina Arts and Humanities
Commission ("SAHC") and under the administration of its Arts and Humanities Department,
annually undertakes a vigorous arts and humanities program for the purpose of identification,
exploration, and development of this area's sense of community, heritage and vision through the
use of artistic and cultural resources, including the annual Smoky HilI River Festival (the "Arts
and Humanities Program").
B. The SAHC was established, organized, and empowered by the City in 1966, as
currently set forth in Article VII, Chapter 2 of the Salina Code.
C. The SAHF, organized in 1989 as a Kansas not-for-profit corporation and operated
solely for charitable and educational purposes within the meaning of Section 501(c)(3) of the
Internal Revenue Code, as amended, serves as a "supporting organization" by promoting the use
of private resources in support of the Arts and Humanities Program.
D. The City's Governing Body, the SAHC, and the SAHF Board of Directors desire
to clarify and define their respective roles in developing, funding, and administering the Arts and
Humanities Program.
The parties therefore agree:
1. Responsibilities of City and SAHC. The City (with the benefit of the work of the
SAHC) shall, in relation to the Arts and Humanities Program, be responsible for developing,
budgeting, determining levels of public funding, administering, and financially accounting for all
program aspects of the Arts and Humanities Program, including"the creation of a special fund
account known as "The Smoky Hill River Festival Account" for purposes of administering and
financially accounting for the City's programming role in conducting the Smoky Hill River
FestivaL
2. Responsibilities of SAHF. SAHF shall, m private support of the Arts and
Humanities Program, be responsible for:
(a). Private fundraising;
(b). Investing SAHF funds held on account;
(c). Entering into private contracts with artists for the Smoky Hill River
Festival, the payment for which shall be made directly by SAHF; and
(d). Allocating and granting private funds to the City.
The City acknowledges that SAHF may utilize the services of the Greater Salina Community
Foundation in fulfilling its responsibilities under this Agreement.
3. Allocation of Assets. The SAHF fiduciary assets shall remain the property of the
SAHF. The current Smoky Hill River Festival art collection shall be the property of the SAHF.
All other tangible personal property utilized in implementing the Arts and Humanities Program
shall be the property of the City.
4. Staff Support. Incidental to their primary staff roles as employees of the City,
Arts and Humanities Department staff shall from time to time be called upon by the City to assist
SAHF directors and other SAHF volunteers in support of the private work of the SAHF;
provided, however, under no circumstances shall any authority of the SAHF or its officers or
directors be delegated to or exercised by a city employee. Any city employee directed to assist
the private work of the SAHF shall at all such times and for all purposes be an employee of the
City and not the SAHF. A city employee shall not serve as a director or officer of the SAHF.
5. Meeting Space. Meeting space and work areas required from time to time for the
private work of the SAHF board of directors and other SAHF volunteers shall be made available
in the offices of the Arts and Humanities Department of the City, currently located at 211 West
Iron Avenue.
6. Insurance. The City and SAHF shall each evaluate its own insurable risks and
determine the insurance coverages it chooses to acquire in its own discretion and at its own
expense.
7. Bookkeeping and Records. The books and records of the SAHF maintained in the
offices of the Department, regardless of format, shall:
(a)
SAHF;
Be owned by SAHF and maintained as the confidential private records of
(b) Relate only to the private activities of SAHF in fulfilling its
responsibilities outlined in Paragraph 2 above in private support of the Arts and
Humanities Program; and
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(c) Be stored separately from the books and records of the City and accessed
by city employees only when authorized and acting in the role of supporting the private
work of the SAHFas described in Paragraph 3 above.
Any books orrecotds relating to SAHF funds after such funds have been allocated, granted, and
transferred by the SAHF to the City for City use in administering the Arts and Humanities
Program shall be a public record.
8. Audit. The City and SAHF shall each be responsible for its separate and
independent annual financial audit.
9. Anniversary Date. The Anniversary Date of this agreement shall be January 1st.
10. Term. The implementation date of this Agreement shall be August 1,2009. This
Agreement shall remain in effect until it is either (a) modified by mutual written agreement of
the parties at any time or (b) terminated by either party effective on any Anniversary Date upon
written notice by the terminating party to the City Clerk (on behalf of the City) or the SAHF
board chair (on behalf of SAHF) on or before the preceding June 1 st.
11. Non-assignable. Binding Effect. Due to the unique qualifications and circumstances
of the parties, neither the rights nor the responsibilities provided for under this Agreement shall be
assignable by either party in whole or in part. This Agreement shall be binding upon any successor
to either party.
Executed by the duly authorized officers of the parties as of the date first above written.
CITY OF SALINA, KANSAS
By:
-.-.J\...
Vanier II, Mayor
:~~
Lieu Ann Elsey, CMC, City rk
SALINA ARTS AND HUMANITIES
COMMISSION
"
By: -fOAO.A^, ~~
Peggy f}e1~e~ Board Chair
ATIEST:p> I tl-~
~: ~J . . '
Rachel Loersch, Board Secretary
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