Smoky Hill River Festival Temp Sculpture
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Tnt 2003
mokY Hill
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AGREElVIENT REGARDING
, "REINVENTING THE WHEEL"
This Agreement is entered into this _ day of2003, among Exline Design Services and Exline,
Inc. (collectively "Design Team"), the Salina Arts and Humanities Commission ("Agency") and the City
of Salina, Kansas ("City").
1., Design Team Responsibilities and Compensation. As an artist team in the Agency's
Smpky Hill River Festival, Design Team agrees to:
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(e)
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(a)
Facilitate construction, fabrication, communication, and details ofthe installation
process.
Install "Reinventing the Wheel," a temporary sculptural installation, on the Kenwood
pedestrian bridge in Oakdale Park (the "Bridge") for the Festival weekend, June 10 - 15, .
.2003.
Remove the artwQrk promptly from the park upon the closing of the Festival to Monday,
June 16,2003.
Store the artwork for the Festival and reserve the rights to the Festival to commission
reinstallation of the artwork for a minilllum of five_years.
Maintain communication with Smoky Hill River Festival Coordinator.
(b)
(c)
(d)
For services described the Design Team shall receive a fe,e of$5QOO for the construction,
installation, and display of artwork. An advance payment of $3000 toward materials will be paid to the
. Design Team. The balance ofthe commission will be paid at the conclusion of the Festival.
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(a)
(b)
(c)
2. OWnership and Future Display. Design Team retains ownership~ofthe artwork, reserving
the right for Agency to commissionthe artwork at subsequent Smoky Hill River Festivals
for a period of up to five years. For this service, Design Team will receive $1,500 each
time the sculpture is installed at the Festival. If the Design team displays the
commissioned work in any other yenue, credit must be given to the Smoky Hill River-
Festival as commissioner of the work.
3. Agencv Responsibilities. The Agency agrees to:
Provide staff to help in facilitating communication and other details of the installation
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process.
Notify the press of artists' information and location ofth,e installation.
Relinquish sole'ownership of the artwork to the Design Team at which time the Festival
ceases to re-commission the installation.
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4. Bridge Installation and Release by City. The parties agree that
the artwork will be installed by clamping it to the south pier of the
Bridge. The City, in reliance upon the opinion of Dale L. Martinitz, P.E.
and principal of Mid-Continent Engineers, releases the Design Team and
its officers, directors, agents, employees, contractors and volunteers from
any claims of damage to the Bridge arising from the installation of the
artwork Qn the Bridge for purposes of the Smoky Hill ~ver Festival.
A feJtivdL Of t~t ArtS JUNt 12, 13' 14, 15' 2003
A project of the Salina Arts and Humanities Commission, a department of the City of Salina
211 West Iron, P.O. Box 2181. Salina, Kansas 67402-2181 · phone 785-309-5770' fax 785-826-7444
email sahc@salina.org . www.riverfestival.com2004Festivaldates:June10.11 , 12, 13
5.. Li'ability of Design Team - Design or Workmanship. The Design Team shall hold
harmless and indemnify th~ Agency, the City, and their elected or appointedofficials, agents, employees,
and volunteers against all liability, loss, damage, expense, and judgment, including attorneys' fees so
i~curred relating to any ahd all claims of personal injury or property damage:
(a) by the Design Team or its officers, directors, agents, employees, contractors and
volunteers arising from fulfillment of the Design Team responsibilities under this
j\greement. )
(b) by any person arising from the design or workmanship in constructing or installing the
artwork for purposes of the Smoky Hill River Festival.
-/ 6. Liability of City - All Other Claims bv the Public. The City shall hold harmless and
indemnify the Design Team and its officers, directors, agents, and employees against all liability, loss,.
damage, expense, and judgment, including attorneys' fees so incurred relating to any and all claims of
personal injury or property damage arising from the display of the artwork for purposes of the Smoky Hill
River Festival other than those claims addressed in paragraph 5 above.
, 7. Contractual Relationship. This agreement shall be of the nature of a contract for services
and not an employment agreement.
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9. Non-assignable. Considerin.g the unique qualifications ofthe Design Team, none of the
rights or responsibilities of the parties under this Agreement shall be assigned.
8. Binding Effect. This Agreement shall be binding upon the parties and their successors.
EXECUTED by the authorized representatives of the respective parties the day and year first
above written. '
By:
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EXLINE~ INC.
By:
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SALINA ARTS AND HUMANITIES COMMISSON
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By~1
a Prickitt
F; stival Visual Arts Coordinator
CITY OF SALINA, KANS~S
By, ~ """
Dennis M. Ki 1