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2019 Smoky Hill Miuseum Street Fair - 1st Person Historic Portrayal Services At1,4) STREET FAIR Presented by Smoky Hill Museum AGREEMENT FOR I" Person Historic Portrayal Services This Agreement for First Person Historic Portrayal Services ("Agreement") is entered into July 31, 2019, by and between the City of Salina. Kansas("City")and Kirk Shapland("Artist"). 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 Artist for First Person Historic Portrayal Services for the Street Fair, and Artist 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. Artist shall: • Perform a 30 minute public portrayal of Buffalo Bill as scheduled. • Create a campsite and visit with fairgoers throughout the day as Buffalo Bill. • Provide items needed for the campsite and props. 1.2. The City shall: • Provide sound for the Old West performance area. • Provide hospitality which will include lunch, snacks and water throughout the Street Fair. 2. Schedule. Artist shall work with the City's Arts and Humanities staff to coordinate and schedule all aspects of Artist's services under this Agreement. Artist will perform on September 28, 2019 at the Street Fair Old West performance area. 3. Payment. In consideration for Artist's services, the City shall pay Artist the sum of 5300, which shall be paid as follows: by check on September 28,2019. 4. Standard Provisions. Artist 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 SALINA, KANSAS ARTIST B}" z e• itsisA By: Brad Anderson, Executive Director Name: Kirk Sh.'land Department of Arts& Humanities Address: P.O. B'x 184 211 West Iron, P.O. Box 2181 Dighton, KS 67839 Salina. KS 67402-2181 A&H Agreement for Artist Services(2014-01-21) CITY OF SALINA, KANSAS = - - •! " 2' '.Standard Provisions - ,1. Release of Liability. In addition to_and without. r until all.litigation,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 et 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 clauns, damages, losses and expenses,(including but not documents created pursuant to,or arising under,this Agreement limited to attorney fees and court costs) attributable to bodily • The,City agrees to responsibly utilize all information obtained injury,sickness,disease,death,or damage to'property, 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 from performance of , expenses incurred under this Agreement The City agrees to take services pursuant to this-Agreement, 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, thatthis 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 agreement 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 limited to its workers compensation and social obligations set forth:in 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,orretums pertinent to the foregoing. .,' , ' . • otherwise existing at law or in 'equity 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 the City's prior 'V . . . • , r : ,. . I . written conseni. —. 3. Non-Assignable. Due,to theuniquequalifications and . . . ,. capabilities of Professional,neither"the rights nor:tesponsibilities 8. Compliance with Applicable Law. Professional shall provided for under.,this Agreement shall be assignable by either. comply with all applicable federal, state, and local law in the party,either in whole or in part. . . . . . _ performance of this Agreement. 4. Notices. All notices required or permitted to be given - 9. 'Equal Opportunity. pursuant to.this Agreement stiall be 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:`"- ..' courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the rerun (1), Professional shall observe the provisions of the Kansas receipt, but if the receipt is not returned within five(5)days, then act against discrimination and Chapter 13 of the Salina three(3)days aftermailed, 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 in the performance of work under this by'ovemight 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 notice• national 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 S. Retention and Inspection of Record's' ,• '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) .r . commission in' accordance •with the 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; ' A (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 inpart,by the City; '''` ' ' ' 18. Persons Bound. This Agreement shall extend to and' ` ' '•'' bind the heirs, executors; administrators;trustees, successors and " ' (5) 'Professional' shall not--Indiscriminate"against' any I authorized assigns of the parties hereto. " ' employee or 'applicant for ' employment in the " '`' ' . performance 'ofthis Agreement'because of race, sex, ' ' 19. Counterparts. This�Agreement'may be executed in any religion; age, color, 'nation'al origin, ''ancestry' or • number'of counterparts;each of which shall be deemed an original, disability; t or ty;ain multiple originals,and all such counterparts or originals shall " " ' for all purposes constitute one agreement.,' I ' ' (6) Professional shall include similar'ptovisioos 'in any - subcontract under this Agreement. l , 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 r ' 21. Waiver.No failure or delay by a party hereto to insist on y ' ' - ' 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 of 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*A'greement 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'expense's 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. Thereare-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 legalcounsel of Professional's choice. 24..,Typewritten or Handwritten Provisions.Typewritten ' r 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. 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. " 'I , 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. , ,, 2.