2006 Service Agreement
DEPARTMENT OF FINANCE
AND ADMINISTRATION
Rodney Franz, Director
300 West Ash, P.O. Box 736
Salina, Kansas 67402-0736
City of
!:i
Salina
TELEPHONE (785) 309-5735
FAX (785) 309-5738
TDD (785) 309-5747
E-MAIL rod.franz@salina.org
Website: www.salina-ks.gov
Service Agreement
This agreement entered into on the 1st. day of January, 2006 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 Municipal Band,
whose address is P.O. Box 227, 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 Municipal Band will provide a schedule of weekly performances through the summer of 2006,
generally beginning with the River Festival and concluding with the Tri-Rivers fair
Section 2, Term of Agreement. This agreement will begin on the 1st day of January, 2006 and will end on the
_31st- day of December, 2006 . 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:
$18,325.00
Section 4, Payment to Provider. The provider will be paid pursuant to the following terms and conditions:
Payment will be issued prior to February 15th, 2006.
Section 5, Status of provider: The provider is a: Federal, State, or Local Government Agency Agency of the City of
Salina
Section 6, Performance Reporting. The provider shall file performance reports as noted:
Annual Report within 90 Days By March 31, 2007 a report on number of concerts provided
and musicians participating, along with 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
Comments:
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 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, andlor 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:
~ No proof of insurance required
0 Commercial General Liability
0 Automobile Liability
0 Professional Liability-Errors and Omissions
0 Workers Compensation Insurance
(statutory).
0 City if Salina required as additional named
insured on policy
0 Other (Please specify):
Comments:
All insurance is to provide a minimum of $500,000 single
limit coverage.
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
City of Salina Standard Contract for Service; Page 10f 2
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.:
0 Equal Opportunity/Affirmative Action Requirements 0 Other. Please Specify
~ Provider Proposal
0 Certificates of Insurance
0 W-9 Form
0 Proof of Non-profit status (501c3 Letter)
Section 14: Official contacts for the City and the provider are:
City:
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:
James J. Brown
Name:
Title:
Address:
City, State, Zip
Telephone:
E-mail
Name:
Title
Address:
City, State, Zip
Telephone:
E-mail:
P. O. Box 227
Salina, KS 67402-0227
785-823-9036
Section 15. Executed on the ~ day of January,
2006
For the City of Salina:
Attest:
For the Provider
Attest:
r9~-
City of Salina Standard Contract for Service; Page 20f 2
July 20, 2005
S4lirut MuniciplÚ Band
P. O. Box 227
salina KS 87402-0221
Mr. Rod Franz
P. O. Box 736
Salina, KS
67402-0736
Dear Mr. Franz,
Since we spoke the other day, an incident has arisen
and I wish to discuss this further with you or whomever.
As you know, the Salina Municipal Band recently hired a
new conductor - Dr. William McMosley, chairman and head of the
Music Dept. at Kansas Wesleyan University.
After a recent band
concert, Dr. McMosley asked the Board of Directors of the Band
to seek an increase in funding for the Band.
His increase is
to ask for an additional three thousand dollars ($3,000)
This increase would be used to increase the current pay level
of each band member - currently each receives $8 for a two hour
rehearsal, and $6 for an hour concert; in other words a total
of $14 (fourteen) dollars for 3 hours.
It has not been discussed
as to what amount would be paid if an increase were given.
Also, some monies would be used to purchase additional
percussion instruments, as Dr. McMosley feels that we would attract
more percussionists if we had the use of better equipment.
The Salina Municipal Band currently receives funding from the
city of Salina in the amount of $15,325; an increase of $3,000
would make it $18,325.
Thank you for this consideration and hoping to hear from you.
u~