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2008 Skyfire Service Agreement DEPARTMENT OF FINANCE AND ADMINISTRATION Rodney Franz, Director 300 West Ash, po. Box 736 Salina, Kansas 67402-0736 City of ~~ Salina -'I' TELEPHONE (785) 309-5735 FAX (785) 309-5738 TDD (785) 309-5747 E-MAIL rod.franz@salina.org Website: www.salina-ks.gov I This agreement entered into on the 1" day of January, 2008 is made by and between the City of Salina, Kansas, whose address is 300 West Ash Street, Salina, Kansas, referred to as "City", AND fhe Salin~ Ambucs, whose address is 645 Sylvan Place, Salina, Ks 67401, referred to as "Provider." i Service Agreement 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: The Salina Ambucs will provide a public fireworks display in celebration of Independence Day, on or about ~~~~ . I Section 2: Term of Agreement. This agreement will begin on the ~ day of January, 2008 and will end on the 31st day of December, 2008 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 written request of provider Section 5: Status of provider: The provider is a: Not for profit organization Section 6: Performance Reporting. The provider shall file performance reports as noted: Other. Pleas specify By March 31, a request for renewal funding is due to be submitted to the City Clerk's Office 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: o No proof of insurance required I:8J Commercial General Liability o Automobile Liability o Professional Liability-Errors and Omissions o Workers Compensation Insurance (statutory). I:8J 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 I I 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. I . ! Section 12: Independent Contractor. Both the city and the provider agree that the provider "':ill 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 taxeslarising 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. i I Section 13: Attachments incorporated. The foll6wing attachments and supplemental documents are incorporated herein and made an integral part of this agreement: . I ! o Equal Opportunity/Affirmative Action Requirements 0 Other: Please Specify Iz;] Provider Proposal . o Certificates of Insurance o W-9 Form Iz;] Proof of Non-profit status (501c3 letter) Section 14: Official contacts for the City and the provider are: City: E-mail Lieu Ann Elsey City Clerk 300 West Ash, P. O. Box 736 Salina, KS 67401 785-309-5735 Fax: 785-309-5738 LieuAn n. Elsey@salina.org Name: Title Address: City, State, Zip Telephone: E-mail: Provider: John P. Ziegler Skyfire Ambucs 654 Sylvan Place Salina, KS 67401 785-823-2336 Name: Title: Address: City, State, Zip Telephone: Section 15: Executed on the Lday of January, 2008. Attest: Attest: ~,~ Signature -T:; v..l L"" ~'-:> Print Name City of Salina Standard Contract for Service; Page 20f 2 Skyfire is the annual free July 4th public fireworks display for the Salina:and Saline County area. An estimated 25,000 citizens view the fireworks display from the East Crawford Recreation area and the surrounding area. 2007 was the 28th xear that Salina was presented with a fireworks show called Skyfire. The Salina Chapter of the A. M. . Breakfast Bandit Ambucs has been the projects coordinating agency for the last 7 years. John Ziegler has become the perennial chairperson of this project. A majority of the money raised for Skyfire is donated by area businesses and individuals. The City of Salina donates $2,500.00 annually to Skyfire as well as provides a shooting site; fire police and ems protection. The Salina Journal donates $1250 in printed advertising and a thank you ad. KSAL Radio provides radio advertising and airs music that the fireworks are choreographed to the evening of the fireworks show. This year's budget for Skyfire is $11,000 $10,000 fireworks package 500 postage, printing and fundraising 300 T-shirts for volunteers 200 Banners/advertising and miscellaneous expenses Certificate of insurance will not be issued by the fireworks company until approximately 1 week before the event. The Salina Fire Department is provided with a copy that the forward to other city departments when they issue the fireworks permit. Internal Revenue Service I Department of the Treasury MAR i;: ..; Washington, DC 20224 National AMBUCS, Inc. P.O. Box 5127 High Point, NC 27262 Pilfson to Contact: Ward L. Thomas 1( Telephone Number:( 202) 622 - 6142 Refer Reply to: CP:E:EO:T:5 Date: Internal Revenue Code: Employer Identification Number: Key District: Service Center: . Accounting Period Ending: Foundation Status Classification: Form 990 Required: 501 (c) (3) 58-2152221 Southeast (Baltimore, MD) Atlanta, GA May 509 (a) (2) Yes Dear Applicant: We have considered your application for a group exemption letter recognizing your subordinates as exempt from federal income tax under section 501(a) of the Internal Revenue Code as organizations described in section 501 (c) (3) . Our records show that you are recognized as exempt from federal income tax as an organization described in section 501 (c) (3) of the Code. . Based on the information supplied, and assuming the operations of your subordinate organizations will be as stated in your application for recognition of exemption, we have determined that your subordinates are exempt from federal income tax. under the provisions of the Internal Revenue Code indicated above. Exemption is effective as of December 27. 1994, as you have agreed. This determination supersedes a?y prior exemption letters issued to those subordinates which are included in this group exemption; you should notify each such subordinate and the key .district director of each such subordinate that the subordinate's individual exemption letter is superseded. This determination is based in part on your representations that the subordinates will amend. their organizing documents to comply with the organizational test of section 1.501(c) (3)-1(b) of the Income Tax Regulations, and that you will merge with The National Association of American Business Clubs, Inc. and be the surviving entity. I We have further determined that your subordinate organizations are not private foundations within the meaning section 509(a) of the Code, because they are organizations described in the section indicated above. of