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2009 Skyfire Service Agreement .I/); {. DE;~TMENT 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 TOD (785) 309-5747 E-MAIL rodJranz@salina.org Website: www.salina-ks.gov Selllna Service Agreement This agreement entered into on the 1st. day of January, 2009 is made by and between the City of Salina, Kansas, whose address is 300 West Ash Street, Salina, Kansas, referred to as "City", AND the Salina Ambucs, whose address is 645 Sylvan Place, Salina, Ks 67401, 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: The Salina Ambucs will provide a public fireworks display in celebration of Independence Day, on or about July 4, 2009 Section 2: Term of Agreement. This agreement will begin on the ~ day of January, 2009 and will end on the 31.st day of December, 2009. 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 pursuaot 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 fot PXqfit organization , ", '''''v .:.;. .~;, . .;. t ~ 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: Ffnancial 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 indemnifyanctsave 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 exte~t 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 [gI Commercial General Liability o Automobile Liability o Professional Liability-Errors and Omissions o Workers Compensation Insurance (statutory) . [gI City if Salina required as additional named insured on policy. Iu Other (Please specify): Comments: All insurance is to provide a minim urn of $500,000 single limit coverage. City of Salina Standard Contract for Service; Page 10f 2 -, 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. 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 cqntr,act. 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 att~chl1'lents and supplemental documents are incorporated herein and made an integral part of this agreement.: :. D Equal Opportunity/Affirmative Action Requirements' D Other: Please Specify IZI Provider Proposal D Certificates of Insurance D W-9 Form IZI 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 LieuAnn. 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: For the City of Salina: Section 15: Executed on the ~day of January,2,o09;;.'~, Attest: ~tli)lfi~ . ", . ,~i peputy City Clerk ~ndi hhas For the Provider: Signature ~p fA Soh.1\ P. ti-e~ Print Name c....~; r fY'v~tV Title Attest: Signature Print Name \ .l- ,~ City of Salina Standard Contract tor Service; Page 20t 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. 2008 was the 29th year that Salina was presented with a fireworks show called Skyfrre. The Salina Chapter of the A. M. Breakfast Bandit Ambuc~ has been theprojects eoordinating,agency fP'f.theta~t'8years. John Ziegler has become the perennial chairperson of this project. A majority of the money raised for Skyfrre is donated by area businesses and individuals. The City of Salina donates $2,500.00 annually to Skyfrre 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. KSALRadio provides radio' adv.ertising.and.airs music that the fireworks are choreographed to the evening of the fireworks show. This year's budget for Skyfrre is $11,000 $10,000 fireworks package 500 postage, printing and fundraising 300 T-shirts for volunteers 200'Banners/advertising and miscellaneous expenses Internal Revenue Service Department of the Treasury MAli " ...... ~ ~'J Washington, DC 20224 Person to Contact: Ward L. Thomas 1( National AMBUCS, Inc. P.O. Box 5127 High Point, NC 27262 Telephone Number:(202) 622-6142 Refer Reply to: CP:E:EO:T:5 Date: Internal Revenue Code: Employer Identification Number: Key District: Service Center: o 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 any prior exemption letters issued to those subordinates which are included in this group ~xemptioni 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 entit"y. W~ have further determ~ned that your subordinate organi.zations are not private foundations within the meaning sectiOn 509{a) of the Code, because they are organizations described in the section indicated above. of u I