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2007 Service Agreement DEPARTMENT OF FINANCE AND ADMINISTRATION Rodney Franz, Director 300 West Ash, P.O. Box 736 Salina, Kansas 67402-0736 TELEPHONE (785) 309-5735 FAX (785) 309-5738 TDD (785) 309-5747 E-MAIL rodJranz@salina.org Website: www.salina-ks.gov salina Service Agreement This agreement entered into on the 1st. day of January, 2007 is made by and between the City of Salina, Kansas, whose address is 300 West Ash Street, Salina, Kansas, referred to as "City", AND Bill Fekas dba Fekas Christmas Dinner, whose address is 3469 South Holmes, referred to as "Provider." Section 1. Services. The company hereby employs the provider to perform the following services in accordance with the terms and conditions set forth in this agreement: Provider will organ(ze and provide a community Christmas Dinner on or about December 25. 2007. Section 2. Term of Agreement. This agreement will begin on the 1st day of January, 2007 and will end on the _31st_ day of December, 2007 . Either party may cancel this agreement upon thirty (30) days notice to the other party in writing, by certified mail or personal delivery. Section 3. Amount of Agreement: The amount of the agreement is: $2,500.00 Section 4. Payment to Provider. The provider will be paid pursuant to the following terms and conditions: Payment will be issued upon request of provider. Provider will submit paid invoices for material purchased when they become available. Section 5. Status of provider: The provider is a: An Individual Section 6. Performance Reporting. The provider shall file performance reports as noted: Annual Report within 90 Days By March 31,2008 a description of the previous years program is due to the City Clerk's Office. If renewal funding will be desired, a letter requesting funding for 2009 should also be submitted at that time Section 7. Financial Reporting. The provider shall file financial reports as noted: No Report Required Section 8. Nonperformance. In the event of provider non-performance or non-compliance with any section in this agreement, this agreement may be cancelled with 30 days written notice, or in lieu thereof the City may elect to reduce payments to provider. Section 9. Compliance with applicable law. Provider shall comply with all applicable Federal, State, and Local law and regulation. Section 10. City indemnified. Provider shall indemnify and save harmless the City, its officials, agents, servants, officers, directors and employees from and against all claims, expenses, demands, judgments and causes of action for personal injury, death, and/or damage to property where and to the extent to which such claims, expenses, demands, judgments and causes of action arise from the Provider's negligent acts. Provider shall notify the City upon the receipt of any claim in excess of $1,000 in connection with this contract. Provider shall file with City, prior to any payment being made, proof of insurance as follows: l2J No proof of insurance required o Commercial General Liability o Automobile Liability o Professional Liability-Errors and Omissions o Workers Compensation Insurance (statutory) . o City if Salina required as additional named insured on policy o Other (Please specify): Comments: All insurance is to provide a minimum of $500,000 single limit coverage. City of Salina Standard Contract for Service; Page 1 of 2 Section 11. Equal Opportunity/Affirmative Action. For agreements in which the value exceeds $20,000, provider shall comply with the Equal Opportunity/Affirmative Guidelines attached. Section 12. Independent Contractor. Both the City and the provider agree that the provider will act as an independent contractor in the performance of its duties under this contract. Accordingly, the provider shall be responsible for payment of all taxes including Federal, State and local taxes arising out of the provider's activities in accordance with this contract, including by way of illustration but not limitation, Federal and State income tax, Social Security tax, Unemployment Insurance taxes, and any other taxes or business license fees as required. Section 13. Attachments incorporated. The following attachments and supplemental documents are incorporated herein and made an integral part of this agreement: o Equal Opportunity/Affirmative Action Requirements 0 Other. Please Specify I23J Provider Proposal o Certificates of Insurance I23J W-9 Form o Proof of Non-profit status Section 14. Official contacts for the City and the provider are: City: Name: Title: Address: City, State, Zip Telephone: E-mail Lieu Ann Elsey City Clerk 300 West Ash, P. O. Box 736 Salina, KS 67401 V. 785-309-5735 Fax: 785-309-5738 LieuAnn. Elsey@salina.org Provider: Bill Fekas Name: Title Address: City, State, Zip Telephone: E-mail: 3469 Holmes Salina, KS 67401 785-823-8403 Section 15. Executed on the _ 4th_ day of June, 2007 For the City of Salina: Attest: For the Provider Attest: ""'"....-.~"..,_.'''.. //~ ~.?- ~ h~-'--'" ~4 City of Salina Standard Contract for Service; Page 2 of 2 .,/ .' , , STATE OF KANSAS OFFICE OF SECRETARY OF STATE RON THORNBURGH II II 1/ f II 11 Ii I I II 'I I 'Q]:n all tn fuJrnnt tJr.es.e pr.es.ents sJrall rllltt.e~ tir.e.etings: I, RON THORNBURGH, Secretary of State of the state of Kansas, do hereby certify that I am the custodian of records of the State of Kansas relating to corporations and that I am the proper official to execute this certificate. I FURTHER CERTIFY THAT FEKAS CHRISTMAS DINNER FUND is a regularly and properly organized not for profit corporation under the laws of the state of KANSAS, having been incorporated in Kansas on the 17th day of December, A.D. 1999 and has paid all fees due this office and is in good standing according to records now on file in tha office of Secretary of State. II /I II ! I I II i I II , I II 1.1 ! II ! ' , ! ! I II . ! I' ~ ! ! I ~ In testimony whereof: I hereto set my hand and cause to be affixed my official seal. Done at the City of Topeka, this 3rd day of September, A.D. 2004 = /2 RON THORNBURGH SECRETARY OF STATE ! Ii II . ! II II I I I II II II II II I' " , I I. Ii II If I ! ! ! !I , I 11 , I II II I! II , I ! I I' d '1 ~ /' , . . ' ., . Fekas Christmas Dinner Fund EIN 48-1208062