2019 Smoky Hill Museum Street Fair - Artistic Caricature Services STREET FAIR flr
Rued by
Smoky Hill Museum
AGREEMENT FOR Artistic Caricature Services
This Agreement for Artistic Caricature Services ("Agreement") is entered into August 5. 2019, by and between the
City of Salina, Kansas("City')and Rachel Hermes("Anist").
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 Artistic Caricature 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:
I. Responsibilities of the Parties. The parties agree to perform the following responsibilities:
1.1. Artist shall:
• Create caricatures of fairgoers throughout the day.
• Provide artistic supplies necessary.
1.2. The City shall:
• Provide a tent, table.chairs and other reasonable assistance.
• Stanchions placed to create a working queue.
• 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 provide the caricature services from 1 la until 4p(with time for lunch), on
September 28,2019.
3. Payment. In consideration for Artist's services, the City shall pay Artist the sum of S300. 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
By: YiY16C By: A/
Brad Anderson. Executive Director Name: 'achel Herme
Department of Arts& Humanities Address: 318 S. 5'h St.
211 West Iron. P.O. Box 2181 Manhattan. KS 66502
Salina. KS 67402-2181
A&H Agreement for Artist Services(2014-01-21)
CITY OF SALINA, KANSAS
• - - - •1 . 'ice . ' _'' *Standard Provisions u - • -
.1. Release of Liability. In addition to_and' without i 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 ageits,• the City during normal business hours to examine, audit and
representatives, officers, officials and employees from any and make transcripts pr,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 attorney fees and court costs) attributable to bodily • The,City agrees to responsibly utilize all information obtained
injury,sickness,disease,death,or damage toproperty,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 fromtheir 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 perforni,'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,
right's 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' securityobligations, and thefiling-ofall-necessary documents,
any other rightsor interests of the City under this Agreement or forms,or returns pertinent to.the foregoing ,
otherwise existing at law or in -equity and to recover any :.i
damages incurred by the City resulting from such event of 7. Subcontracting. Professional shall not subcontract any
•default - �'-- - -tt , work or services under this Agreement without the,City's prior
•written consent. - -- - -- -
3., Non-Assignable. Dueto the,unique qualifications and • . . ..
capabilities,of Professional,neither:the rights nor•responsibdities 8. Compliance with Applicable Law. Professional shall
providedfor under.,this Agreement shallbe assignable by,either,- comply with all applicable'federal, state, and local law.in the
t . . - . performance of this Agreement.
party,either in whole or in parc9. ,EqualOPportunitp. .-,�' ---- - --. _.__ . - .
4. Notices. All notices required or permitted to be given - - - . - . • -
pursuant to this Agreementshall fbe in.writing-and delivered (a) In conformity with the Kansas act against discrimination
personally or sent by registered or certified mail, returireceipt 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 pori the date appearing on the return (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 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 in the performance of work under this
•by-overnight air courier service. :Notices.shall be.addressed as • - ••Ageement because of race; sex; religion, age, color,
appears above for each party,-provided that if any party give's 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 far employees, the phrase "equal
• opportunity employer," or a similar phrase to be
5. - Retention and Inspection of Records - 'approved by the City's human relationsdirector, , ,
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 the provisions of-,
years from the date of final payment under this Agreement (the - K.S:A.'44-1031 and amendments thereto, Professional
r.
"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;
1
' ° A
(4) If Professional is found guilty of a violation of Chapter,.. , . ir , )7: 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 ave.been' duly' andc validly authorized by the
' Professional shall be deemed to have'breached this_' ' governing body ofeachpartyi ' .
Agreement and it may be canceled, terminated or , , ' '
' suspended,in whole or inpart,by the City; ' ' ' ' ' 18. Petsons Bound. This Agreement shall extend to and.
_ '- bind the heirs, executors, administrators;[rustees, successors and'
(5) Professional shall not :discriminate' against' any ' authorized assigns of the parties hereto.
employee or 'applicant for ' employment in the - i .
' 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.'
'_1 ' - '- 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 oftthe change, waiver,
. �., .
" or termination is sought. ' •
(1) Employs fewer than four employees during the term of r '
' -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 yeara waiver fiscal . 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, each and every Merin
but 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 iii 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 benéficiiries 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.
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.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...
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 neict 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
t�. - 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. I ,
•2