Museum StoreAGREEMENT
This Agreement is entered into this l'~ day of November, 1995, by and between the
CITY OF SALINA, KANSAS, a Kansas municipal corporation, by and through the Salina Arts
and Humanities Commission, (the "City") and FRIENDS OF THE SMOKY HILL MUSEUM,
INC., a Kansas non-profit corporation (the "Friends").
Recitals
(A). The City owns and operates the Smoky Hill Museum located at 211 West Iron
Avenue (the "Museum").
(B). The Friends play a significant role in supporting the Museum, particularly by
providing volunteer staff assistance and operating the Museum Store.
(C). The City wishes to specifically grant the Friends authority to operate the Museum
Store in a designated location in the Museum.
(D). The City and the Friends also wish to clarify the role and status of compensated
employees of the Friends in the current capacities of "Volunteer Coordinator" and "Museum Store
Manager," as well as any future employees of the Friends who may work at the Museum
(collectively referred to in this Agreement as the "Friends Employees").
THEREFORE, the parties agree as follows:
(1). Museum Store. The City grants the Friends the right to use, free of charge, the
northwest comer of the first floor gallery and storage areas above the first floor restrooms
(totalling 1,315 square feet) for use in the operation of the Museum Store.
(2). Hours of Operation. The Friends agree that access to the Museum Store shall be
only during regular Museum hours, unless prior approval is obtained from the Museum Director.
(3). Services Provided by City.
relation to the Museum Store:
The City shall provide the following services in
(a). All utilities;
(b). Major building repairs, including electrical and plumbing;
(c). Trash pickup;
(d). Building contents (including Museum Store equipment, furniture, fixtures,
and inventory) insurance and liability insurance;
(e). Seasonal custodial cleaning/care.
(4). Responsibilities of the Friends. In relation to the Museum Store, the Friends shall
be responsible for:
(a). Maintenance of a Museum Store inventory which meets the approval of the
City for purposes of the building contents coverage to be provided under paragraph (3)(d)
above; and
(b). The cost of repairs and maintenance of equipment and fixtures, as well as
general functional and aesthetic renovations. Plans for renovations shall be subject to
prior review and approval by the Museum Director.
(5). Friends Employees. The Friends Employees shall be strictly employees of the
Friends and not the City. The Friends Employees shall be selected, compensated, supervised,
evaluated, and subject to termination by the Friends. Consequently, the Friends Employees shall
not:
(a). Be compensated in any form by the City;
(b). Be entitled to participate in the City's group health, life, or disability plans.
(c). Be entitled to participate under the Kansas Public Employees Retirement
System (KPERS);
(d). Have amounts withheld by the City for federal or state income tax purposes;
and
(e). Have any FICA tax paid by the City in relation to their compensation.
(6). Cooperative Planning. The parties intend that the city employees who constitute
the Museum staff and the Friends Employees will cooperate and compliment each others' efforts.
Toward those objectives, the Museum Director will work closely with the Friends and the Friends
Employees in cooperative planning of the volunteer work to be performed for the benefit of the
Museum and its visitors.
(7). Workers' Compensation. The City agrees to provide workers' compensation
coverage for the Friends Employees, subject to the Friends and the Friends Employees
compliance with all applicable policies and regulations under which the City's workers'
compensation insurance program is administered.
(8). Liability Insurance. The Friends agree to maintain in full force and effect for the
duration of this Agreement a general liability policy of insurance with limits of not less than the
maximum liability for claims which could be asserted against the City for any number of claims
arising out of a single occurrence or accident under the Kansas Tort Claims Act, as amended.
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(9). Termination. This Agreement shall remain in effect until one of the following
circumstances occurs:
(a) Either party gives the other 90 days written notice of its wi~sh to terminate
this Agreement;
(b) At the option of the non-defaulting party, if the other party' defaults under
the terms of this Agreement and fails to correct the default after ten days written notice
of the default; or
(c) Upon the mutual agreement of the parties.
IN WITNESS WHEREOF, the respective parties have hereunto caused ~this Agreement
to be executed on its behalf by its duly authorized officers, all on the day and year first above
written.
ATTEST:
CITY OF SALINA, KANSAS
~ 's . 'si~er,~y Manager
J~D. Lc~ng/~i{y Clerk
FRIENDS OF THE SMOKY HILL
MUSEUM, INC.
By
Lanqj W~Stnith, President
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