2015 Smoky Hill River Festival Juror Services if - nV
3 'ØK ' ILL PdV 3TIvtt, II
June 11.14, 2015 3 Oakdale Park,Salina
AGREEMENT FOR JUROR SERVICES
This Agreement for Juror Services ("Agreement") is entered into October 1, 2014, by and between the City of Salina,
Kansas("City")and Casey Simmons("Juror").
Recitals
A. The City, through its Department of Arts and Humanities, annually presents the Smoky Hill River Festival
("Festival"),an outdoor public arts, music,and cultural festival in Oakdale Park.
B. The City desires to hire Juror for the Four Rivers Craft Show selection processes of the Festival; and Juror 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. Responsibilities of the Parties.The parties agree to perform the following responsibilities:
1.1. Juror shall:
• provide professional services for application selection panel,Friday Feb. 27,2015
• provide professional services for on-site review and awards determination,Friday,June, 12,2015 .
• notify the City by email at least forty eight hours prior to the reservation if Juror opts not to use it. Failure to
comply will result in a reduction of the amount of the honorarium equaling the cost of the unused room.
1.2. The City shall:
• Provide lodging accommodations the night prior to each of the review dates
• Provide round-trip mileage @.56 per mile
• Provide lunch Feb 27
2. Schedule. Juror shall work with the City's Arts and Humanities staff to coordinate and schedule all aspects of
Juror's services under this Agreement.
3. Payment. In consideration for Juror's services, the City shall pay Juror the sum of$500(honorarium), which shall
be paid as follows: $250 honorarium for each review session, plus round-trip mileage for each trip, and lodging
accommodations the night prior to each service. Juror will receive separate payn enrfor each rvice date.
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4. Standard Provisions. Juror acknowledges and agrees to the C. . 's attached and i ienreorated Standard Provisions.
IN WITNESS WHEREOF,the parties have caused this Agrecm'tit to be cxc' ed by ieir authorized representatives.
CITY OF SALINA, KANSAS JUROR .
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By: �\ 111Z71 Li By: ElA,
Brad Anderson,Executive Director C.." .Si tinons
Department of Arts&Humanities ■• ,Lociist Street,Kansas
211 West Iron,P.O. Box 2181 City,MO 64110
Salina,KS 67402-2181
A&H Agreement for Juror Services(2014-01-21)
(4) If Professional is found guilty of a violation of Chapter 17. Authority and Consent to Transaction. Each party
13 of the Salina Code or the Kansas act against represents to the other that the person executing this Agreement
discrimination under a decision or order of the Salina has full and legal authority to bind such party to the terms of this
human relations commission or the Kansas human Agreement, and that the execution and delivery of this
rights commission which has become final, Agreement have been duly and validly authorized by the
Professional shall be deemed to have breached this governing body of each party.
Agreement and it may be canceled, terminated or
suspended,in whole or in part,by the City; 18. Persons Bound. This Agreement shall extend to and
bind the heirs, executors, administrators, trustees, successors and
(5) Professional shall not discriminate against any authorized assigns of the parties hereto.
employee or applicant for employment in the
performance of this Agreement because of race, sex, 19. Counterparts. This Agreement may be executed in any
religion, age, color, national origin, ancestry or number of counterparts,each of which shall be deemed an original,
disability;and or in multiple originals,and all such counterparts or originals shall
for all purposes constitute one agreement.
(6) Professional shall include similar provisions in any
subcontract under this Agreement. 20. Amendments. Neither this Agreement nor any of its
terms niay be changed or modified, waived, or terminated except
(b) The provisions of this section shall not apply to this by an instrument in writing signed by an authorized representative
Agreement if Professional: of the party'against whom the enforcement of the change, waiver,
or termination is sought.
(1) Employs fewer than four employees during the term of
this Agreement;or 21. -Waiver.No failure or delay by a•party hereto to insist on
the strict performance of any term of this Agreement,or to exercise
(2) Contracts with the City for cumulatively$5,000 or less any right or remedy consequent to,a breach thereof,•shall constitute
during the City's calendar fiscal year. a waiver of any breach or any subsequent breach of such term. No
waiver of any breach hereunder shall affect or alter the remaining
10. Administration of Agreement. All references in this terms of this Agreement, but each and every term of this
Agreement requiring the City's participation or approval shall Agreement shall continue in full force and effect with respect to
mean the participation or approval of the City Manager, unless any other then existing or subsequent breach thereof.
otherwise provided herein.
22. Conflict Resolution.No interpretation of this Agreement
11. Attorney Fees.If any suit or action is instituted by either shall be allowed to find the City has agreed to binding arbitration.
party hereunder, including all appeals,the prevailing party in such
suit or action shall be entitled to recover reasonable attorney fees ' 23. No Third Party Beneficiaries. Solely the parties to this
and expenses from the non-prevailing party, in addition to any Agreement shall have rights and may make claims under this
other amounts to which it may be entitled. Agreement. There are no intended third party beneficiaries under
this Agreement, and no third parties shall have any rights or make
12. Right to Independent Legal Advice. Professional any claims hereunder.
understands and acknowledges the right to have this Agreement
reviewed by legal counsel of Professional's choice. 24. Typewritten or Handwritten Provisions.Typewritten
or handwritten provisions inserted or attached shall supersede all
13. Applicable Law; Venue. This Agreement and its conflicting printed provisions.
validity, construction and performance shall be governed by the
laws of Kansas. In the event of any legal action to enforce or 25. Feminine-Masculine;.Singular-Plural.
interpret this Agreement,the sole and exclusive venue shall be in Wherever used,-singular shall include the plural, plural the
the Saline County,Kansas District Court. singular,and use of any gender shall include all genders.
14. Interpretation. This Agreement shall be interpreted 26. Headings. The headings of the sections of this
according to its fair meaning, and not in favor of or against any Agreement are included for the purposes of convenience only
Party. and shall not affect the interpretation of any provision hereof.
15. Time. Time is of the essence of this Agreement. No 27. Merger Clause.'These terms are intended by the parties
extension will be granted unless in writing and signed by the as a complete,conclusive and final expression of all the conditions
parties. Should the end of a time period fall on a legal holiday that of their Agreement. No.other promises, statements, warranties,
termination time shall extend to 5:00 p.m. of the next full business agreements or understandings,oral or written,made before or at the
day. signing thereof,shall be binding unless in writing and signed by all
parties and attached hereto.
16. Severability. The unenforceability, invalidity, or
illegality of any provision of this Agreement shall not render the
other provisions unenforceable,invalid,or illegal. .
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(4) If Professional is found guilty of a violation of Chapter 17. Authority and Consent to Transaction. Each party
13 of the Salina Code or the Kansas act against represents to the other that the person executing this Agreement
discrimination under a decision or order of the Salina has full and legal authority to bind such party to the terms of this
human relations commission or the Kansas human Agreement, and that the execution and delivery of this
rights commission which has become final, Agreement have been duly and validly authorized by the
Professional shall be deemed to have breached this governing body of each party.
Agreement and it may be canceled, terminated or
suspended,in whole or in part,by the City; 18. Persons Bound. This Agreement shall extend to and
bind the heirs, executors, administrators, trustees, successors and
(5) Professional shall not discriminate against any authorized assigns of the parties hereto.
employee or applicant for employment in the
performance of this Agreement because of race, sex, 19. Counterparts. This Agreement may be executed in any
religion, age, color, national origin, ancestry or number of counterparts,each of which shall be deemed an original,
disability;and or in multiple originals,and all such counterparts or originals shall
for all purposes constitute one agreement.
(6) Professional shall include similar provisions in any
subcontract under this Agreement. 20. Amendments. Neither this Agreement nor any of its
terms may be changed or modified, waived, or terminated except
(b) The provisions of this section shall not apply to this by an instrument in writing signed by an authorized representative
Agreement if Professional: of the party against whom the enforcement of the change, waiver,
or termination is sought.
(1) Employs fewer than four employees during the term of
this Agreement;or 21. Waiver.No failure or delay by a party hereto to insist on
the strict performance of any term of this Agreement,or to exercise
(2) Contracts with the City for cumulatively$5,000 or less any right or remedy consequent to a breach thereof,shall constitute
during the City's calendar fiscal year. a waiver of any breach or any subsequent breach of such term. No
waiver of any breach hereunder shall affect or alter the remaining
10. Administration of Agreement. All references in this terms of this Agreement, but each and every term of this
Agreement requiring the City's participation or approval shall Agreement shall continue in full force and effect with respect to
mean the participation or approval of the City Manager, unless any other then existing or subsequent breach thereof.
otherwise provided herein.
22. Conflict Resolution.No interpretation of this Agreement
11. Attorney Fees. If any suit.or action is instituted by either shall be allowed to fmd the City has agreed to binding arbitration.
party hereunder, including all appeals, the prevailing party in such
suit or-action shall be entitled to recover reasonable attorney fees 23. No Third Party Beneficiaries. Solely the parties to this
and expenses from the non-prevailing party, in addition to any Agreement shall have rights and may make claims under this
other amounts to which it may be entitled. Agreement. There are no intended third party beneficiaries under
this Agreement,and no third parties shall have any rights or make
12. Right to Independent Legal Advice. Professional any claims hereunder.
understands and acknowledges the right to have this Agreement
reviewed by legal counsel of Professional's choice. 24. Typewritten or Handwritten Provisions.Typewritten
or handwritten provisions inserted or attached shall supersede all
13. Applicable Law: Venue. This Agreement and its conflicting printed provisions.
validity, construction and perfomiande shall be governed by the
laws of Kansas. In the event of any legal action to enforce or 25. Feminine-Masculine,Singular-Plural.
interpret this Agreement, the sole and exclusive venue shall be in Wherever used, singular shall include the plural, plural the
the Saline County,Kansas District Court. singular,and use of any gender shall include all genders.
14. Interpretation. This Agreement shall be interpreted 26. Headings. The headings of the sections of this
according to its fair meaning, and not in favor of or against any Agreement are included for the purposes of convenience only
part and shall not affect the interpretation of any provision hereof.
15. Time. Time is of the essence of this Agreement. No 27. Merger Clause.These terms are intended by the parties
extension will be granted unless in writing and signed by the as a complete,conclusive and final expression of all the conditions
parties. Should the end of a time period fall on a legal holiday that of their Agreement. No other promises, statements, warranties,
termination time shall extend to 5:00 p.m.of the next full business agreements or understandings,oral or written,made before or at the
day. signing thereof,shall be binding unless in writing and signed by all
parties and attached hereto.
16. Severability. The unenforceability, invalidity, or
illegality of any provision of this Agreement shall not render the
other provisions unenforceable,invalid,or illegal. .
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