Loading...
2014 Smoky Hill River Festival Agreement it4/2=-7-.);: t omen a � r ' k V t �ft 1 . •t_ p •`r # 1 1 SMOKY HILL RIVER FESTIVAL June 12-15, 2014 • Oakdale Park, Salina EXHIBIT A RESPONSIBILITIES OF THE PARTIES it is mutually agreed between these two parties that: 1. Booth location will be designated by the Festival 2. Concessionaire must have signed agreement prior to setting up booth. 3. All booths must meet standards of the Kansas Department of Agriculture a.Note: Any vendor using a tented facility will be limited by law, to ONE potentially hazardous food item (any food that requires time and temperature control for safety,such as meat, dairy products,eggs,poultry, fish,heat treated starches or vegetables,sprouts,cut melons, cut tomatoes, and cut leafy greens). There is the option of contacting the Kansas Department of Agriculture to request a variance. If you desire to do so, it is recommended you contact the Department of Agriculture immediately following notification of inclusion in the Festival. b. Please note:All meat and poultry products must arrive at the Festival from an approved,inspected (Federally or State of Kansas) source.Food should not be cooked,repackaged,mixed with seasonings or in an otherwise ready-to-eat form,prior to the onsite food inspection.Travel across state lines is especially problematic for meat and poultry products. In this case, the meat or poultry product must be Federally(USDA FSIS)inspected. It is vitally important the product does not lose its inspection identity, and the ownership be maintained. Questions or concerns should be directed to Mike Fink, Compliance Officer, mike.fink@kda.ks.gov or 785.296.3511. 4. Concessionaire is responsible for keeping the Festival grounds clear of litter within a 20-foot radius of their booth. All supplies must be contained with fencing or lattice around the back of the booth. Trailer skirting is strongly suggested. Crowd control ropes devices are encouraged and are the responsibility of the concessionaire, but are subject to changes in placement by the Festival Food Committee. 5. Each Concessionaire must have a minimum of two trash receptacles by booth (for public use). Put your name on them so the trash pick-up crew knows where to return them. Concessionaires are required to break down all boxes before placing in trash receptacles. 6. Restaurant quality rubber mats (the kind with drainage holes) are to be placed in front of the booth's serving window. 7. Waste water and grease receptacles are to be used for the express purpose for which they are designated, and are clearly marked. Mixing grease in the wastewater receptacle causes an environmental disposal problem for the Festival. Cost of additional wastewater receptacles will be an expense of the concessionaire. 8. Water hoses should be well-maintained and not leaking. Food grade quality hoses are required. Foods that are held in ice as a cooling mechanism must be packaged and melting ice must be continually draining. Foods cannot sit in water. Bins and barrels in which drinks arc iced-down must be draining continually; however excessive run-off in the food area walkways MUST BE PREVENTED. It is helpful to have your own wet-vacuum. SEE ALSO "FOOD SAFETY ISSUES AND AWARENESS" (enclosed). SALINA ARTS 211 West Iron•PO Box 2181 •Salina, KS•67402• Phone: 785.309-5770•Fax: 785.826.7444 a HUMA61fES A department of the City of Salina•sahc @salina.org• riverfestival.com 9. Concessionaire will be issued one vehicle pass. You may only park ONE vehicle in the park. Freezers or other units requiring electricity must be parked at the Salina Bicentennial Center,adjacent to the park Your vehicle pass will allow loading and unloading plus access to a reserved parking space near the area of your food booth. NOTE: NO traffic will be allowed on food road (through the center of the park)between 9:00 a.m. and 10:00 p.m. Push carts should be sparingly used to move supplies from parked vehicle to booth during those hours. NOTE: "Any use of work site utility vehicles (e.g., golf carts) driven outside the Oakdale Park boundary must meet state statutes for use of such vehicles. Please note the change in state law effective July 2007, with a companion City of Salina ordinance adopted in August 2007." To help reserve your parking place, orange plastic cones may be necessary; or have someone hold your place until you return. 10. The Oakdale entrance is for foot traffic only. This means all official vehicle traffic must enter via the Mulberry Street gates. Make sure your booth and delivery personnel are aware of this. 11. Concessionaire must sell ONLY the food items that are listed in their Exhibit E: Food Concessionaire Technical Specification Sheet. Important! Signage must prominently display the contracted food items ONLY,and reflect correct prices for our event products. Prices may not be raised during the course of the Festival. 12. Food items displayed outside your booth must be covered, and not available to the public as a sample that can be eaten. If you wish to give out samples, an employee may dispense food items individually to the public, with tongs, or properly gloved. 13. No tip jars are allowed at the Festival. In the committee's review of this subject, it was agreed that tips are for full-service restaurants, and the price structure at the Festival precludes additional compensation for goods/services rendered. 14. The following are safety requirements that come from the City of Salina Fire Department: The following arc BASIC RULES. This bricf outline does not by any means cover all the codes contained in the Kansas Fire Prevention Code or the 2006 International Fire Code, the currently adopted fire code for the City of Salina. It does, however, provide the Food Concessionaire some basic fire and life safety rules. Canopies, Tents or Membrane Structures a. Canopies or membrane structures shall have at least one exit. If the occupant load exceeds ten or more people then the structure shall require 2 exits. Exits shall be maintained unobstructed. If doors are installed, doors shall swing in the direction of exit travel. If exit is covered by a curtain; curtains shall be of a color or colors that contrasts the color of the tent and be constructed of flame-resistant material. b. Membrane structures, tents or canopies shall have a permanently affixed label showing that the material is fire resistant. Material may also be sprayed with a fire retardant and the vendor will need to provide certification that the material has been treated with a flame retardant in an approved manner and meets the requirements of NFPA 701. c. Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any other unapproved devices shall not be permitted inside the tent, canopy or membrane structures unless approved by the fire code official. The fire code 2 official has the authority to approve an open flame or exposed flame appliance considered to be a minimal fire hazard. d. Portable open flame devices fueled by flammable or combustible gases or liquids shall be enclosed or installed in such a manner as to prevent the flame from contacting combustible material. e. Smoking shall not be permitted in tents, canopies or membrane structures. (Smoking over food preparation or cooking areas is also not permitted.) Electrical f. Use safe work practices every time electrical equipment is used. g. Electrical equipment must be installed,operated, and maintained in a manner which does not create a hazard to life or property. h. Inspect wiring of equipment before each use. Extension cords should be visually inspected for damage to outer jacket or insulation and for evidence or possible internal damage (such as pinched or crushed outer jacket.) i. Replace damaged or frayed electrical cords IMMEDIATELY. j. Extension cords crossing sidewalks must be covered by a rubber mat and taped. k. Extension cords shall be plugged directly into an approved receptacle. 1. The ampacity of the extension cords shall not be less than the rated capacity of the portable appliance supplied by the cord. m. Extension cords shall be grounded. n. Extension cords can't be used in a series. Please be sure extension cords are of sufficient length. Commercial Cooking Equipment o. Portable fire extinguishers shall be provided. At a minimum, a UL rated 2A-10BC fire extinguisher is required to be installed in all contracted food and beverage concession stands. Fire extinguishers shall be located in conspicuous locations that are easily accessible and are not obstructed or obscured from view. Cooking equipment involving vegetable or animal oils and fats shall be further protected by a Class K rated portable extinguisher. p. three or less grease producing appliances, the concessionaire will provide an easily recognizable and accessible fuel shut offf, i.e. hand-turn valve or electrical breaker. q. Four or more grease producing appliances, the concessionaire will provide an easily recognizable and accessible fuel shut off, i.e. hand-turn valve or electrical breaker and a hood system with compliant fixed suppression system with fuel shut off. Compressed Gas Cylinders r. All compressed gas cylinders, including but not limited to propane, Cot, helium, etc., shall be properly secured to prevent falling caused by contact, vibration, or seismic activity. EXHIBIT B SCHEDULE OF SERVICES 1. Concessionaire will be in operation during Festival hours: • Thursday,June 12, 2014—6:00 p.m. to 9:55 p.m.* • Friday,June 13, 2014— 10:00 a.m. to 9:55 p.m.* • Saturday,June 14,2014— 10:00 a.m. to 9:55 p.m.* • Sunday,June 15, 2014— 10:00 a.m.to 5:00 p.m. *NOTE: Booths close 5 minutes prior to park closing time, which is 10:00 p.m. by City curfew. 2. CONCESSIONAIRE MAY NOT BEGIN SETTING UP BOOTH BEFORE 12:00 NOON, WEDNESDAY,JUNE 11! The assignment of this set-up time for concessionaire allows the Festival crew to complete its own set-up preparations. Please do not challenge this time by arriving early in the park. 3 • You will not be allowed to enter earlier than noon. This is a first-come, first served situation. We appreciate your patience with others in their process to get situated. 3. Booth set-up must be completed by 10:00 a.m., Thursday,June 12,2014. 4. Pre-Event Inspection: Thursday,June 12, 10:00 a.m. to 3:00 p.m. 5. Important! A brief food handlers course will be conducted on Festival Grounds on Thursday, June 1211 at 9:00 a.m. in the Food Tent. Attendance is especially important for workers hired on a temporary basis, solely for the Festival. 6. The Festival is an outdoor event,and the Food Concessions will remain in Oakdale Park for the duration of the event, rain or shine. EXHIBIT C BASIS OF PAYMENT 1. Compensation For the 2014 Smoky Hill River Festival, fees will be the same for all food concessionaires: $300 deposit deducted from 18%of gross sales(after sales tax). The$300.00 Concession deposit is non-refundable. 2. Invoices a.Concessionaires must report to the Food Committee the total gross receipts of the prior day's sales before opening for the current day's business. Total receipts must be reported to the Committee prior to leaving the Festival grounds on Sunday, June 15, 2014; or, at the latest, by phone (785.309.5770) at NOON, Monday,June 16, 2014. h.Concessionaires will be charged for electrical wiring requirements. The park is equipped with electricity as follows: 110V available in 20 amp outlets and 120-240V available in 20, 30, 50 and 100 amp outlets. Very few direct wiring connections are available. All unusual connections on site must be made by the Festival Electrician. 'fhe cost of the work ($105 for direct wiring) will be an expense of the Concessionaire. SEE ALSO "ELECTRICAL • ISSUES" and "FOOD CONCESSIONAIRE TECHNICAL SPECIFICATION SHEET"(enclosed). c.All persons working in concession booths or making deliveries-to booths must have a Festival Admission Button. Use the enclosed form to order buttons in advance, if you wish. 3. Payment Final settlement, based on the agreed 18% of gross receipts (after sales tax), must be received at the Festival Office no later than Monday,July 7, 2014. (NOTE: Immediately following the Festival,you will he mailed an invoice for the amount owed.) EXHIBIT D INSURANCE REQUIREMENTS Pursuant to Section 6 of the Agreement, the Contractor shall obtain, pay for,and maintain—and shall require each of its authorized subcontractors to obtain and maintain—for the duration of the Agreement,policies of insurance meeting the following requirements: Concessionaire must provide the Smoky Hill River Festival with a Certificate of Insurance from your insurance carrier, listing the Smoky Hill River Festival as an additional insured,and indicating general liability coverage of 4 at least$1,000,000 for your premises and operations, as well as product liability. If applicable,also furnish a certificate of workman's compensation policy and employer's liability insurance. Security will be provided in the park, but you,as a Concessionaire shall assume all risk as outlined in items#7 and#8 on page 3 in the AGREEMENT FOR SERVICES. AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS and Pop's Kettle Corn for 2014 Smoky Hill River Festival Food Concession Services This Agreement is entered into on the latest date of execution shown on the signature page by and between the City of Salina, Kansas,(the"City")and Pop's Kettle Corn(the"Contractor/Concessionaire"). Recitals A. The City owns and operates the Smoky Hill River Festival B. The City desires to contract for Food Concession services for the purpose of serving food at the Smoky Hill River Festival, in Oakdale Park,in compliance with federal,state,and local regulations. C. The Concessionaire has the requisite qualifications and experience to perform the services needed by the City and desires to perform those services pursuant to the terms of this Agreement. The parties,in consideration of the mutual promises set forth in this Agreement,agree and covenant: 1. Definitions. Capitalized words used in this Agreement shall have the following meanings: "Agreement" means this Agreement for Festival Food Concession Services, as amended and supplemented from time to time. "City" means the City of Salina,Kansas(Arts&Humanities Department). "Concessionaire" means Pop's Kettle Corn and its successors or assigns approved pursuant to this Agreement. 2. Exhibits. The following Exhibits are attached to and made a part of this Agreement (Mark with "X" if applicable)" Exhibit A: Responsibilities of the Parties Exhibit B: Term: Schedule Exhibit C: Basis for Payment Exhibit D: Insurance Requirements Exhibit E: Food Concessionaire Special Exhibit; Technical Specification Sheet 5 1. Responsibilities of the Parties. The parties agree to 7. Voluntary Termination. Either party may terminate this perform the responsibilities outlined in the attached and incorporated Agreement, with or without cause, upon 10 days advance written Exhibit A. notice to the other party. In the event of such termination, the Contractor shall be compensated for such services as have been 2. Term; Schedule. The Contractor agrees to perform its satisfactorily performed through the date of termination, but no responsibilities during the term and according to the timeframe and compensation shall be earned after the effective date of the termination. schedule described in Exhibit B. subject to the potential for prior Within five(5)days of any such termination,all finished or unfinished termination pursuant to the terms of this Agreement. documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Contractor 3. Payment. The City shall pay the Contractor for the pursuant to this Agreement shall be delivered to the City. Notwith- performance of its responsibilities pursuant to this Agreement as set standing the above,the Contractor shall not he relieved of any liability to forth in Exhibit C. the City for damages sustained by the City by virtue of any breach of this Agreement by the Contractor, and the City may withhold any 4. Insurance Requirements. payments to the Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor may be 6.1. Types and Amount of Coverape. The Contractor determined. agrees to obtain insurance coverage as specified in Exhibit D, attached hereto, and shall not make any material modification or 8. Default. If either party fails to comply with any term of change from these specifications without the prior approval of the this Agreement within 10 days after written notice to comply has City. If the Contractor subcontracts any of its obligations under this been mailed by the non-defaulting party to the defaulting patty, such Agreement, the Contractor shall require each such subcontractor to failure shall be deemed an immediate breach of this Agreement obtain insurance coverage as specified in Exhibit D. Failure of the ("Event of Default"). Contractor or its subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions 9. Remedies. Upon the occurrence of an Event of Default, and shall not relieve the Contractor of liability. the non-defaulting party shall have the following rights and remedies, in addition to any other rights and remedies provided under this 6.2. Rating. All insurance policies shall be issued by Agreement or by law: insurance companies rated no less than A- VII in the most recent "Bests" insurance guide,and licensed in the State of Kansas. Except 11.1 Termination. The non-defaulting party shall have as otherwise specified in Exhibit U, all such policies shall be in such the right to terminate this Agreement or terminate the defaulting form and contain such provisions as arc generally considered party's rights under this Agreement. standard for the type of insurance involved. 11.2 Other Remedies. The non-defaulting party may 6.3. Certificate of Insurance. Following the execution pursue any available remedy at law or in equity (including specific of this Agreement and prior to the commencement of any work performance) by suit, action, mandamus or other proceeding to hereunder, the Contractor shall provide the City with a certificate of enforce and compel the performance of the duties and obligations set insurance listing the City as the Certificate Holder and evidencing forth in this Agreement, to enforce or preserve any other rights or compliance with the insurance requirements in this Agreement. The interests of the non-defaulting party under this Agreement or City reserves the right to require complete certified copies of all otherwise existing at law or in equity and to recover any damages insurance policies procured by the Contractor pursuant to this incurred by the non-defaulting party resulting from such Event of Agreement, including any and all endorsements affecting the Default. coverage required hereunder. 10. Non-Assignable. Due to the unique qualifications and 5. Iniury to Persons or Damage to Property. The capabilities of the Contractor, neither the rights nor responsibilities Contractor acknowledges responsibility for any injury to person(s)or provided for under this Agreement shall be assignable by either patty, damage to property caused by its employees or agents in the performance of its duties under this Agreement and shall immediately either in whole or in part. notify the City's Risk Management Department at(785)309-5705 in the event of such injury to person(s)or damage to property. 11. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered 6. Indemnification. To the fullest extent permitted by law, personally or sent by registered or certified mail, return receipt the Contractor shall defend,indemnify and hold harmless the City,its requested,or by generally recognized,prepaid,commercial courier or agents, representatives, officers, officials and employees from and overnight air courier service. Notice shall be considered given when against all claims, damages, losses and expenses (including but not limited to attorney fees and court costs)attributable to bodily injury, received on the date appearing on the return receipt,but if the receipt is sickness, disease, death, or injury to, impairment, or destruction of not returned within five (5)days, then three (3) days after mailed, if . property, including loss of use resulting therefrom, to the extent that sent by registered or certified mail or commercial courier service; or such claims,damages, losses. and expenses relate to, arise out of. or the next business day,if sent by overnight air courier service. Notices are alleged to have resulted from the negligent acts,errors,mistakes, shall be addressed as appears below for each party,provided that if any omissions, or defective work or services of the Contractor, its party gives notice of a change of name or address,notices to the giver of employees,agents,or any tier of subcontractors in the performance of this Agreement. that notice shall thereafter be given as demanded in that notice. 6 CITY: City Clerk 6. Enual Opportunity. P.O. Box 736 Salina,KS 67402-0736 (a) In conformity with the Kansas act against discrimination and ,I/n Chapter 13 of the Salina Code, the Contractor and its PO i s K t- i Co( h subcontractors,if any,agree that: 'T—rt., (I) The Contractor shall observe the provisions of the nc_f 2 moo) Kansas act against discrimination and Chapter 13 of the Salina Code and in doing so shall not discriminate I. Retention and Inspection of Records. The Contractor against any person in the performance of work under this shall maintain complete and accurate records with respect to all costs Contract because of race, sex, religion, age, color, and expenses incurred under this Agreement. All such records shall national origin,ancestry or disability; be clearly identifiable.The Contractor shall allow a representative of the City during normal business hours to examine, audit, and make (2) The Contractor shall include in all solicitations, or transcripts or copies of such records and any other documents created advertisements for employees, the phrase "equal pursuant to, or arising under, this Agreement. The Contractor shall opportunity employer,' or a similar phrase to be allow inspection of all work, data, documents, proceedings, and approved by the city's human relations director; activities related to the Agreement for a period of three(3)years from the date of final payment under this Agreement. (3) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human rights 2. Non-appropriation. The City is subject to Kansas budget commission in accordance with the provisions of K.S.A. and cash basis laws, and operates on a calendar fiscal year. In the 44-1031 and amendments thereto,the Contactor shall be event that this Agreement involves financial obligations spanning deemed to have breached this Contract and it may be canceled,fiscal years for the City,it is subject to annual appropriation , terminated or suspended, in whole or in part, by the City's governing body for future fiscal years. If the City's by the City; governing body does not appropriate the funds necessary to fulfill the (4) If the Contractor is found guilty of a violation of Chapter City's financial obligations pursuant to this Agreement,the City shall 13 of the Salina Code or the Kansas act against so notify the other parties to this Agreement and this Agreement shall discrimination under a decision or order of the Salina be null and void for purposes of the fiscal year(s) affected by the human relations commission or the Kansas human rights decision of the governing body not to appropriate. commission which has become final,the Contactor shall be deemed to have breached this Contract and it may be 3. Relationship. It is expressly understood that Contractor in canceled, terminated or suspended, in whole or in part, performing services under this Agreement,does so as an independent contractor. The City shall neither have nor exercise any control or by the City; direction over the methods by which Contractor performs its services (5) The Contractor shall not discriminate against any hereunder. The sole interest and responsibility of the City is to see employee or applicant for employment in the that the services covered by this Agreement are performed and performance of this Contract because of race,sex,sexual rendered in a competent, efficient, and satisfactory manner. gender ender identity, religion,age, color,national Contractor shall be exclusively responsible for all taxes,withholding origin,orientation, en or disability;and payments, employment-based benefits, deferred compensation plans, including but not limited to its workers compensation and social (6) The Contractor shall include similar provisions in any security obligations,and the filing of all necessary documents, forms, subcontract Contractor under this Contract. or returns pertinent to the foregoing. 4. Subcontracting. Contractor shall not subcontract any (b) The provisions of this section shall not apply to this Contract work or services under this Agreement without the City's prior if the Contractor: written consent. (1) Employs fewer than four employees during the term of 5. Compliance with Applicable Law. this Contract;or Contractor shall comply with all applicable federal, state, and (2) Contracts with the City for cumulatively 55,000 or less local law in the performance of this Agreement. during the City's calendar fiscal year. 7 7. Administration of Agreement. All references in this 18. Waiver. No failure or delay by a party hereto to insist on the Agreement requiring the City's participation or approval shall mean the strict performance of any term of this Agreement. or to exercise any participation or approval of the City Manager,unless otherwise provided right or remedy consequent to a breach thereof,shall constitute a waiver herein. of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this 8. Attorney Fees. If any suit or action is instituted by either Agreement,but each and every term of this Agreement shall continue in party hereunder, including all appeals,the prevailing party in such suit full force and effect with respect to any other then existing or subsequent or action shall be entitled to recover reasonable attorney fees and breach thereof expenses from the non-prevailing party,in addition to any other amounts to which it may be entitled. 19. Conflict Resolution. No interpretation of this Agreement shall be allowed to find the City has agreed to binding arbitration. 9. Right to Independent Legal Advice. The Contractor understands and acknowledges the right to have this Agreement 20. No Third Party Beneficiaries. Solely the parties to this reviewed by legal counsel of the Contractor's choice. Agreement shall have rights and may make claims under this Agreement There are no intended third party beneficiaries under this 10. Applicable Law; Venue. This Agreement and its validity, Agreement, and no third parties shall have any rights or make any construction and performance shall he governed by the laws of Kansas. claims hereunder. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be in the Saline County, Kansas 21. Typewritten or Handwritten Provisions.Typewritten or District Court. handwritten provisions inserted or attached shall supersede all conflicting printed provisions. II. Interpretation. This Agreement shall be interpreted according to its fair meaning,and not in favor of or against any party. 22. Feminine-Masculine,Singular-Plural. Wherever used,singular shall include the plural,plural the singular, 12. Time. Time is of the essence of this Agreement. No and use of any gender shall include all genders. extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday that termination 23. Headings. The headings of the sections of this.agreement time shall extend to 5:00 p.m.of the next full business day. are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof. 13. Severability. The unenforceability,invalidity,or illegality of any provision of this Agreement shall not render the other provisions 24. Merger Clause. These terms are intended by the parties as a unenforceable,invalid,or illegal. complete, conclusive and final expression of all the conditions of their Agreement. No other promises, statements, warranties, agreements or 14. Authority and Consent to Transaction. Each party understandings, oral or written, made before or at the signing thereof, represents to the other that the person executing this Agreement has shall be binding unless in writing and signed by all parties and attached full and legal authority to bind such party to the terms of this hereto. Agreement, and that the execution and delivery of this Agreement have been duly and validly authorized by the governing body of each IN WITNESS WHEREOF, the parties hereto have caused this party. Agreement to be executed by their authorized representatives. 15. Persons Round. This Agreement shall extend to and bind CITY OF SALINA,KANSAS the heirs, executors, administrators, trustees, successors and authorized assigns(if assignment is allowed tinder paragraph 12 of the Agreement) By: of the parties hereto. Brad Anderson,Executive Director 16. Counterparts. This Agreement may be executed in any By: Cr number of counterparts,each of which shall be deemed an original,or in flops 4'1;7Y—C,. {contractor/concessionaire name) multiple originals, and all such counterparts or originals shall for all OL)n-crt (contractor/concessionaire title) purposes constitute one agreement. 17. Amendments. Neither this Agreement nor any of its terms may be changed or modified, waived, or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change, waiver,or termination is sought.