2019 Smoky Hill Miuseum Street Fair - Demonstrator/Activity Services STREET FAIR Atil
Presented by
Smoky Hill Museum
AGREEMENT FOR Demonstrator/Activity Services
This Agreement for Demonstrator/Activity Services("Agreement") is entered into July 30. 2019,by and between the
City of Salina. Kansas("City')and Dean Gipe("Demonstrator").
Recitals
A. The City, through its Department of Arts and Humanities, annually presents the Smoky Hill Museum Street Fair
("Street Fair"),an outdoor public festival in and around the Smoky Hill Museum.
B. The City desires to hire Demonstrator for Demonstrator/Activity Services for the Street Fair, and Demonstrator
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:
I. Responsibilities of the Parties.The parties agree to perform the following responsibilities:
1.1. Demonstrator shall:
• Offer a rope making activity/demonstration throughout the duration of the Street Fair.
12. The City shall:
• Provide a tent for shade.
• Provide hospitality which will include lunch,snacks and water throughout the Street Fair.
2. Schedule. Demonstrator shall work with the City's Arts and Humanities staff to coordinate and schedule all aspects
of Demonstrator's services under this Agreement. Demonstrator will offer the activity from 11:00a-4:00p on September 28,
2019 at the Street Fair.
3. Payment. In consideration for Demonstrator's services, the City shall pay Demonstrator the sum of S250, which
shall be paid as follows: by check on September 28,2019.
4. Standard Provisions. Demonstrator acknowledges and agrees to the City's attached and incorporated Standard
Provisions.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives.
CITY OF(�SAL,I�NA, KANSAS DEMONST1 TOR I, )
By: L�� tJ`��� By: t. 1241.4i
Brad Anderson, Executive Director Name: Dean Gipe
Department of Arts& Humanities Address: 221 E Minneapolis
211 West Iron, P.O. Box 2181 Salina, KS 67401
Salina, KS 67402-2181
A&H Agreement for Services(2014-01-2I)
CITY OF SALINA, KANSAS
. • . _ - - _ •1 exit- _*:: ::' .Standard Provisions,, • ' " '
.1. Release of Liability. In addition to_and without. 1 until alllitigation,claims or audit findings have been completely
limiting the governmental immunity protections afforded the terminated or resolved, without right of further appeal. During
City under the Kansas Tort Claims Act, K.S.A. 75-6101 Jr seq., . the Retention Period,Professional shall allow a representative of
Professional fully releases and discharges the City, its agents, the City during normal business hours to examine,,audit, and
representatives, officers, officials and employees from any and make transcripts or copies of such records and any other
all claims, damages, losses and expenses,(including but not documents created pursuant to,or arising under,this Agreement.
limited to attomey fees and court costs) attributable to bodily The1City agrees to responsibly utilize all information obtained
injury,sickness,disease,death,or damage tooproperty,including pursuant to this paragraph for the, purposes of reviewing,
loss of use resulting therefrom, suffered by Professional, its confirming,and verifying the nature and amount of all costs and
employees,or agents during or arising fromttheir performance of , expenses incurred under this Agreement. The City agrees to take
services pursuant to this-Agreenient, or their presence on,City reasonable precautions not to disclose such information outside
premises in conjunction with the performance of this Agreement, the scope of those stated purposes, subject to the Kansas open
whether caused by the negligence of the City or otherwise. records act or other applicable law. ..
Provided, however,that this release shall not apply to the extent "- •
such claims are caused by the gross negligence or willful or 6. Relationship. It is expressly understood that
wanton misconduct of the City or any of its employees or agents. . Professional,in performing services under this Agreement, does
so as an independent'contractor.'The City shall neither have nor
2. Default; Remedies. If Professional fails to perform, in exercise any control or direction over the methods by which
whole or in part, any promise, covenant, or agreeinent'set forth Professional performs its services hereunder. The.sole interest
herein, or should any representation made by Professional be and responsibility of the City is to see that the services covered
untrue, the City may terminate this Agreement or Professional's by this Agreement are performed and rendered in a competent,
rights under this Agreement. In addition, the City may pursue efficient, and satisfactory manner. Professional shall be
any available remedy at law or in equity.(including specific exclusively responsible for all taxes, withholding.payments,
performance) by suit, action, mandamus or other proceeding to employment-based benefits; deferred compensation plans,
enforce and compel the .performance of the duties and including but not mited to its workers compensation and social
obligations set forthin this Agreement, to enforce or preserve security obligations, and the filing of all necessary'documents,
any other rights or interests'of the City under this Agreement or forms,or retums pertinent to the foregoing. ' , ,
otherwise existing at law or inequity and to recover any
damages incurred by the City resulting•from such event of 7. Subcontracting. Professional shall not subcontract any
default." ' . - �'— -.,.— �- -, , work or services under this Agreement without theCity's prior
written consent.
3., Non-Assignable. Due,to theuniquequalifications and - .' .. ,.
capabilities.of Professional,neither the rights nor:responsibilities 8. Compliance with Applicable Law. Professional shall
provided.for-under.,this Agreement shallbe assignable by.either. comply with all applicable'federal, state, and local law.in.the
party,either in whole or in part. . • `. performance of this Agteeinent.
9. ,Enna!Opportunity. -"' "
4. Notices. All notices required or permitted to be given . . :-; • • • '
pursuant to'this Agreement.sliallbe in•writing;and delivered (a) In conformity with the Kansas act against discrimination
personally or sent by registered or certified Mail, return receipt and Chapter 13 of the Salina Code, Professional and its
•
requested, or by generally recognized, prepaid, 'commercial' ..subcontractors,if any,agree that:-e .- ` -
courier or overnight air courier service. Notice shall be - .
considered given when received on the date appearing on the return (1) Professional shall observe the provisions of the Kansas
receipt, but if thereceipt is not returned within five(5)days, then act against discrimination and Chapter 13 of the Salina
three(3)days after mailed, if sent by registered or certified mail . Code and in doing so shall not discriminate against any
or commercial courier service; or,the next business day, if sent person m the performance of work under this
by overnight air courier service. Notices.shall be.addressed as Agreement because of race;,sex, religion, age, color,
appears above for each party;provided that if any party gives noticenational origin,ancestry or disability;
•
of a change of name or address,notices to the giver of that notice (2) Professional shall, include in all solicitations, or
shall thereafter be given'as demanded in that notice. '_ '__ advertisements for employees, the phrase "equal
- ' ' ' opportunity employer," or a similar phrase to be
5. Retention and Inspection of Records.' " 'approved by the City's human relations' director, . ,, ,
Professional'shall maintain' complete, accurate, and clearly. '
identifiable records with respect 'to all costs and expenses_ (3) If Professional fails to comply with the manner in
incurred under this Agreement. The records shall be maintained • which Professional reports to the Kansas human rights
during the term of this Agreement, and for a period of three (3) . commission in- accordance 'with rhe provisions of
years from the date of final payment under this Agreement (the K.S.A.'44-1031'and amendments thereto, Professional
"Retention Period"); provided, however, that if any litigation, shall be deemed to have breached this Agreement and it
claim or audit is commenced prior to the expiration of the may be canceled,terminated or suspended, in whole or
Retention Period, then the Retention Period shall be extended in part,by the City;
I:
(4) If Professional is found guilty of a violation of Chapter...., t 4. ., V_. 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 [hiss ' governingbodyofeach-party. . '
Agreement and it may be canceled, terminated'or '
suspended,in whole or in part,by the City; '" ' • I 18. Persons'Bound. This Agreement shall extend to and
bind the heirs, executors, administrators;trustees, successors and
(5) Professionalshall not discriminate•'against' any 1 authorized assigns of the parties hereto. '
employee or 'applicant for employment in the "' ` '
performance of this Agreement'because:of race, sex, ' ' 19. Counterparts. This'Agreementmay be executed in any
religion, age, color, national origin,' 'ancestry' or ' number'of counterparts;each of which shall be deemed an original,
disability;and' " '' ; t 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 '
"-j�' '"
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 Pro .;r
fessional: ' ' " • - of the party against whom-@:e:enforcement of the change, waiver,
or termination is sought.
(1) Employs fewer than four employees during therterm of
this Agreement;or ' - ' 21.' Waiver.No failure or delay by a party hereto to insist ons
' 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 eve"ry-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 iri 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°'m'ay''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 i . , i _ , ,
reviewed by legal counsel of Professional's choice. . 24.E•Typewritten or Handwritten Provisions.Typewritten
or handwritten provisions inserted or attached shall 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 .E 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...
IS.'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 fullbusinessagreements or understandings;oral or written,made before or at the.
day. signingthereof,shall be binding unlessin 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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