HomeMy WebLinkAbout130-01 RESOLUTIONRESOLUTION NO. 130-01
A RESOLUTION APPROVING A CONTRACT FOR SERVICES IN
THE AMOUNT OF TWENTY-SEVEN THOUSAND DOLLARS
($27,000.00) BETWEEN THE CITY OF FAYEI1'LVILLE AND FIRST
NIGHT FAYEI I'EVILLE, INC. TO PROMOTE AND MANAGE AN
ALCOHOL FREE, FAMILY FRIENDLY, AND COMMUNITY
ORIENTED CELEBRATION OF NEW YEARS EVE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS•
Section 1. That the City Council hereby approves a contract for services in
the amount of Twenty -Seven Thousand Dollars ($27,000.00) between the City of
Fayetteville and First Night Fayetteville, Inc. to promote and manage an alcohol
free, family friendly, and community oriented celebration of New Years Eve. A
copy of the agreement is attached hereto marked Exhibit "A" and made a part
hereof.
Section 2. That the City Council authorizes the Mayor or his duly
authorized representative to sign said contract for services with First Night
Fayetteville, Inc.
PASSED AND APPROVED this 18th day of September, 2001.
of
°10lf40 y�
��
APPROVED:
OODY, Mayor
By:
EATHER WOODRUFF, C Clerk
NAME OF FILE:
CROSS REFERENCE:
Resolution No. 130-01
•
09/18/01
Resolution No. 130-01
09/18/01
Exhibit "A" (contract for services with First Night Fayetteville, Inc.
(First Night)
02/04/98
Letter from the District Director of Internal Revenue Service in
Cincinnati, OH, to First Night of Fayetteville, Inc.
10/05/01
Insurance Binder with McCartney-Faucette Insurance
09/07/01
Memo to Mayor Coody & City Council thru Hugh Earnest, Urban Dev.
Director, from Connie Edmonston, Parks & Rec. Superintendent
regarding the First Night Contract
09/10/01
Letter to Ms. Tobi Kaufman, Director, First Night Fayetteville, Inc., from
Stephen Davis, Budget & Research
09/18/01
Staff Review Form
10/29/01
Memo to Connie Edmonston, Parks & Recreation, from Heather
Woodruff, City Clerk
09/24/01
Amendment to the Agreement with First Night Fayetteville, Inc.
(Amendment #1)(additional services required due to support First
Night's Teen Party and Starlight procession Rehearsal Party on 12/31/01.
09/19/01
Letter to Stephen Davis, Budget & Research, from Randy Zurcher,
Alderman, Ward 2
09/20/01
Memo to Mayor Coody thru Ted Webber, Admin. Services Director,
from Stephen Davis, Budget & Research, regarding contract amendment
for First Night Fayetteville, Inc.
09/24/01
Staff Review Form
09/25/01
Memo to Connie Edmonston, Parks & Recreation, from Heather
Woodruff, City Clerk
NOTES:
•
•
EXHIBIT A
CITY OF FAYETTEVILLE
CONI RACT FOR SERVICES
This Agreement is entered into on this day of ,'CO/ between the City of
Fayetteville, hereinafter known as the "City" and First Night Fayetteville, Inc., hereinafter known
as "First Night, " an Arkansas not-for-profit corporation.
WIIEREAS the City has determined that a public need exists for an alcohol free, fancily friendly,
and community oriented celebration of New Years Eve to be held within the downtown Fayetteville
and Dickson Street areas hereinafter referred to as the "described arca" of the City.
Exi
• co
Firs
Ras. 130-01
WHEREAS First Night has developed an organization to promote and manage such an alcohol free,
family friendly, and community oriented celebration of New Years Eve.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and
First Night agree as follows:
2_
This Agreement will begin on thc date first written above.
First Night agrees to perform the following services for the City of Fayetteville:
Develop and submit to the Fayetteville City Council for approval, no later than
October 1 of each year, a festival plan and entertainment event for the described area
to be conducted on December 31 of each year of this agreement,
b. Develop youth involvement programs that address group projects, team building, and
public participation,
Develop out of doors venues and/or performances that arc free to thc general public
such as a fireworks display and a parade, and
d. The City and First Night may agree to jointly develop complementary exhibits which
can be stationary or mobile.
3. First Night agrees to provide written quarterly and annual reports to the City that describes
the activities undertaken during the preceding period on services perfomted pursuant to
paragraph 2 and also report on the following performance measures: outreach program for
nonpublic sponsorships and funding and festival participation. The quarterly reports are to
be submitted to the Project Coordinator by April 10, July 10. October 10. and February 10
for the preceding calendar quarter. The data will be reported for the current quarter, current
year-to-date, and prior year-to-date.
H \E 3UDGETIssuebud\contract for servicrs fnsi night. WPD Page 1 of 4
•
•
rn
x
I
• •
Rs./3o-or
First Night agrees to make available all records for review by the City and City auditors as
requested and to provide the City with, at minimum, a compilation and review or the Internal
Revenue Service Form 990 prepared by a certified public accountant licensed by the State
of Arkansas. First Night agrees to comply with the Arkansas Freedom of Information Act
as applicable.
For the purpose of this Agreement, the Project Coordinator for the City will be the City Parks
& Recreation Superintendent or his/her designee. The Project Coordinator for First Night
will be First Night Director Tobi Kaufman or her successor or designee. Communications
pertaining to this agreement will be through the respective Project Coordinators for the City
and First Night.
Terms of Performance. The term of performance for this agreement will expire December
31, 2001. The City and First Night agree to begin negotiation of a new contract for festivals
beginning after January 1, 2002 no later than April 15, 2002. Any future contract(s) will be
dependent on City Council approving a budget(s) containing funding for the contract.
First Night will hold harmless, defend, and indemnify the City from any and all claims,
actions, suits, charges and judgements whatsoever that arise out of the performance or
nonperformance of the services or subject matter in this Agreement.
8. Budget. The City agrees to pay and First Night agrees to accept as payment in full for its
services $27,000.00 for 2001. The payments in 2001 arc for the December 31, 2000 event
that was rescheduled for March 31, 2001 and for the December 31, 2001 event. First Night
acknowledges that $15,000.00 has been paid through August 31, 2001 of the total amount
contracted for in 2001. The amounts to be paid for services in future years are dependent on
the amounts appropriated by City Council for that budget year. As additional compensation
to First Night. the City agrees to provide storage for event puppets and other large items. The
square footage and location of storage space provided by the City is at the City's sole
discretion.
First Night must provide and maintain in force at all times during the term of the contract
insurance for worker's compensation as provided by state statute, commercial general
liability, and automobile liability. Such policies shall be issued by companies authorized to
do business in the State of Arkansas. Minimum amounts required for commercial general
liability and automobile liability are $1,000,000.
For any work sublet, First Night shall require the subcontractor similarly to provide worker's
compensation insurance. In case any employee engaged in work on the project under this
contract is not protected under workers' compensation insurance, First Night shall provide
and shall cause each subcontractor to provide adequate employers' liability insurance for the
protection of such of his employees as are not otherwise protected.
El \BUDGEfRsuehudkontract for services first night.WPD Page 2 of 4
•
• Res, l30-0
A certificate of insurance addressed to the City listing the above coverages is to be submitted
with contract approval. The premiums for all insurance required herein shall be paid by First
Night.
10. First Night will render to the City, a Request for Payment at the end of each month and the
City will make every effort to pay the invoice within thirty days of receiving the invoice in
the City's Accounting Division.
11. Notices. All notices required or permitted under this agreement will be submitted in writing
to the other party in this agreement by certified mail, return receipt requested, which notice
will be effective three (3) days after deposit therein addressed to the following:
City of Fayetteville
Dan Coody
Mayor
113 West Mountain St.
Fayetteville, AR 72701
First Night
Tobi Kaufman
Director
570 North Vinson
Fayetteville, AR 72701
12. Neither party may assign any of its rights or obligations under this agreement, without the
express written consent of the other party. Nor shall this agreement be construed to bestow
any rights or benefits upon anyone other than First Night and the City.
13. The parties agree and understand that this Agreement is exclusive of any and all other
agreements, and that it in no way alters, amends or abridges any rights, obligations or duties
of the parties contained in such agreements.
14. A waiver by either party of any terms or conditions herein shall be limited to that particular
instance, and shall not be construed as a general waiver of any other breaches by either party.
15. This agreement constitutes the entire understanding of the parties, and no modification or
variation of the terms of this agreement shall be valid unless made in writing and signed by
the duly authorized agents of the City and First Night.
16. Severability. Each paragraph of this agreement is severable from all other paragraphs. In
the event any court of competent jurisdiction determines that any paragraph or subparagraph
is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs will
remain in full force and effect.
17. Interpretation. This agreement shall be interpreted according to and enforced under the laws
of the State of Arkansas.
H'.\aUDGETUssuebod\contract for services first night.WPD Page 3 of 4
•
• RES.130-01
18. Tax Exempt Status: Attached hereto and made part hereof is a copy of the correspondence
from the Internal Revenue Service dated f.Z/ 4/98 confirming the 50I(c)(3) tax
exempt status of the First Night Fayetteville, Inc.
IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above.
First Night Fayetteville, Inc. City Fayetteville
Tobi Kaufman, director
Attested By:
Dan Coody, Mayor
t ed B are
H.\NIIDGE \Issuebud\contract for services first night 'PD Page 4 of 4
CITY OF FAYETTEVILLE
CONTRACT FOR SERVICES
This Agreement is entered into on this day of , between the City of
Fayetteville, hereinafter known as the "City" and First Night Fayetteville, Inc., hereinafter known
as "First Night, " an Arkansas not-for-profit corporation.
WHEREAS the City has determined that a public need exists for an alcohol free, family friendly,
and community oriented celebration of New Years Eve to be held within the downtown Fayetteville
and Dickson Street areas hereinafter referred to as the "described area" of the City.
WHEREAS First Night has developed an organization to promote and manage such an alcohol free,
family friendly, and community oriented celebration of New Years Eve.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and
First Night agree as follows:
1. This Agreement will begin on the date first written above.
2. First Night agrees to perform the following services for the City of Fayetteville:
e
a. Develop and submit to the Fayetteville ettyaC9ouncil for approval, no later than
October 1 of each year, a festival pla d e 11 ntertainment event for the described area
to be conducted on4Decembera3.1 ofieach-year of.this agreement,
b. Develop youth involvement programs that address group projects, team building, and
public participation,
c. Develop out of doors venues and/or performances that are free to the general public
such as a fireworks display and a parade, and
d. Develop, at the City's request, a free venue to be conducted in the City
Administration Building. The City agrees to pay any cost associated with the free
venue directly to the venue provider, artist(s),or performer(s).
3. First Night agrees to provide written quarterly and annual reports to the City that describes
the activities undertaken during the preceding period on services performed pursuant to
paragraph 2 and also report on the following performance measures: outreach program for
nonpublic sponsorships and funding and festival participation. The quarterly reports are to
be submitted to the Project Coordinator by April 10, July 10, October 10, and January 10 for
the preceding calendar quarter. The data will be reported for the current quarter, current
year-to-date, and prior year-to-date.
Page 1 of 3
• •
5. First Night agrees to make available all records for review by the City and City auditors as
requested and to provide the City with, at minimum, a compilation and review or the Internal
Revenue Service Form 990 prepared by a certified public accountant licensed by the State
of Arkansas. First Night agrees to comply with the Arkansas Freedom of Information Act
as applicable.
6. For the purpose of this Agreement, the Project Coordinator for the City will be the City Parks
& Recreation Superintendent or his/her designee. The Project Coordinator for First Night
will be First Night Director Tobi Kaufman or her successor or designee. Communications
pertaining to this agre ment will be through the respective Project Coordinators for the City
and First Night.
Terms of Performance. The term of performance for this agre ment will expire December
31, 2001 and may be extended for an additional three years subject to approval of a budget
containing funding for the service.
8. First Night will hold harmless, defend, and indemnify the City from any and all claims,
actions, suits, charges and judgements whatsoever that arise out of the performance or
nonperformance of the services or subject matter in this Agreement.
9. Budget. The City agrees to -pay -and First Night age-es/to accept as payment in full for its
services $27,000.00 for 2001! FirstNighracknowledges that $ 15,000.00 having atready been
transferred and leaving a balance%owing of. -$12,000.00. The payments in 2001 are for the
December 31, 2000 event that_was res& eduled.for.Marchi31, 2001 and for the December 31,
2001 event. The amounts to be paid for services in future years are dependent on the
amounts appropriated by City Council for that budget year. As additional compensation to
First Night, the City agrees to provide storage for event puppets and other large items. The
square footage and location of storage space provided by the City is at the City's sole
discretion.
10. The City and First Night agree that use of the City Administration Building for First Night
venues shall be limited to hospitality and break room facilities for the performers and
volunteers assisting in the First Night production except for the space used for the free
venues. The rooms designated for this purpose shall be at the City's sole discretion.
11. First Night must provide and maintain in force at all times during the term of the contract
insurance for worker's compensation as provided by state statute, commercial general
liability, and automobile liability. Such policies shall be issued by companies authorized to
do business in the State of Arkansas. Minimum amounts required for commercial general
liability and automobile liability are $1,000,000.
For any work sublet, First Night shall require the subcontractor similarly to provide worker's
compensation insurance. In case any employee engaged in work on the project under this
Page 2 of 3
• •
contract is not protected under workers' compensation insurance, First Night shall provide
and shall cause each subcontractor to provide adequate employers' liability insurance for the
protection of such of his employees as are not otherwise protected.
A certificate of insurance addressed to the City listing the above coverages is to be submitted
with contract approval. The premiums for all insurance required herein shall be paid by First
Night.
12. First Night will render to the City, a Request for Payment at the end of each month and the
City will make every effort to pay the invoice within thirty days of receiving the invoice in
the City's Accounting Division.
13. Notices. All notices required or permitted under this agreement will be submitted in writing
to the other party in this agreement by certified mail, return receipt requested, which notice
will be effective three (3) days after deposit therein addressed to the following:
City of Fayetteville First Night
Dan Coody Tobi Kaufman
Mayor Director
113 West Mountain St. 570 North Vinson
Fayetteville, AR 72701 .0 g-^FYayettevil1e, AR 72701
13. Tax Exempt Status: Attached.hereto.and made•part.hereof is a copy of the correspondence
from the Internal Revenue Service dated confirming the 501(c)(3) tax
exempt status of the First Night Fayetteville, Inc.
IN WITNESS WHEREOF we have hereunto set our hands on the date first written above.
First Night Fayetteville, Inc. City of Fayetteville
Tobi Kaufman, Director Dan Coody, Mayor
Attested By: Attested By:
Page 3 of 3
• •
CITY OF FAYETTEVILLE
CONTRACT FOR SERVICES
a
II
This Agreement is entered into on this day of , between the City of
Fayetteville, hereinafter known as the "City" and First Night Fayetteville, Inc., hereinafter known
as "First Night, " an Arkansas not-for-profit corporation.
WHEREAS the City has determined that a public need exists for an alcohol free, family friendly,
and community oriented celebration of New Years Eve to be held within the downtown Fayetteville
and Dickson Street areas hereinafter referred to as the "described area" of the City.
WHEREAS First Night has developed an organization to promote and manage such an alcohol free,
family friendly, and community oriented celebration of New Years Eve.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and
First Night agree as follows:
1. This Agreement will begin on the date first written above.
2. First Night agrees to perform the following services for the City of Fayetteville:
a. Develop and submit to the Fayetteville City Council for approval, no later than
October 1 of each year, a festival plan and entertainment event for the described area
to be conducted on December 31 of each year of this agreement,
Develop youth involvement programs that address group projects, team building, and
public participation,
c. Develop out of doors venues and/or performances that are free to the general public
such as a fireworks display and a parade, and
d. The City and First Night may agree to jointly develop complementary exhibits which
can be stationary or mobile.
3. First Night agrees to provide written quarterly and annual reports to the City that describes
the activities undertaken during the preceding period on services performed pursuant to
paragraph 2 and also report on the following performance measures: outreach program for
nonpublic sponsorships and funding and festival participation. The quarterly reports are to
be submitted to the Project Coordinator by April 10, July 10, October 10, and February 10
for the preceding calendar quarter. The data will be reported for the current quarter, current
year-to-date, and prior year-to-date.
H:\BUDGENssuebud\coniract for services first night.WPD Page 1 of 4
• •
4. First Night agrees to make available all records for review by the City and City auditors as
requested and to provide the City with, at minimum, a compilation and review or the Internal
Revenue Service Form 990 prepared by a certified public accountant licensed by the State
of Arkansas. First Night agrees to comply with the Arkansas Freedom of Information Act
as applicable.
5. For the purpose of this Agreement, the Project Coordinator for the City will be the City Parks
& Recreation Superintendent or his/her designee. The Project Coordinator for First Night
will be First Night Director Tobi Kaufman or her successor or designee. Communications
pertaining to this agreement will be through the respective Project Coordinators for the City
and First Night.
6. Terms of Performance. The term of performance for this agreement will expire December
31, 2001. The City and First Night agree to begin negotiation of a new contract for festivals
beginning after January 1, 2002 no later than April 15, 2002. Any future contract(s) will be
dependent on City Council approving a budget(s) containing funding for the contract.
7. First Night will hold harmless, defend, and indemnify the City from any and all claims,
actions, suits, charges and judgements whatsoever that arise out of the performance or
nonperformance of the services or subject matter in this Agreement.
8. Budget. The City agrees to pay and First Night agrees to accept as payment in full for its
services $27,000.00 for 2001. The payments in 2001 are for the December 31, 2000 event
that was rescheduled for March 31, 2001 and for the December 31, 2001 event. First Night
acknowledges that $15,000.00 has been paid through August 31, 2001 of the total amount
contracted for in 2001. The amounts to be paid for services in future years are dependent on
the amounts appropriated by City Council for that budget year. As additional compensation
to First Night, the City agrees to provide storage for event puppets and other large items. The
square footage and location of storage space provided by the City is at the City's sole
discretion.
9. First Night must provide and maintain in force at all times during the term of the contract
insurance for worker's compensation as provided by state statute, commercial general
liability, and automobile liability. Such policies shall be issued by companies authorized to
do business in the State of Arkansas. Minimum amounts required for commercial general
liability and automobile liability are $1,000,000.
For any work sublet, First Night shall require the subcontractor similarly to provide worker's
compensation insurance. In case any employee engaged in work on the project under this
contract is not protected under workers' compensation insurance, First Night shall provide
and shall cause each subcontractor to provide adequate employers' liability insurance for the
protection of such of his employees as are not otherwise protected.
H:\BUDGE DIssuebud\contract for services first night.WPD Page 2 of 4
• •
A certificate of insurance addressed to the City listing the above coverages is to be submitted
with contract approval. The premiums for all insurance required herein shall be paid by First
Night.
10. First Night will render to the City, a Request for Payment at the end of each month and the
City will make every effort to pay the invoice within thirty days of receiving the invoice in
the City's Accounting Division.
11. Notices. All notices required or permitted under this agreement will be submitted in writing
to the other party in this agreement by certified mail, return receipt requested, which notice
will be effective three (3) days after deposit therein addressed to the following:
City of Fayetteville First Night
Dan Coody Tobi Kaufman
Mayor Director
113 West Mountain St. 570 North Vinson
Fayetteville, AR 72701 Fayetteville, AR 72701
12. Neither party may assign any of its rights or obligations under this agreement, without the
express written consent of the other party. Nor shall this agreement be construed to bestow
any rights or benefits upon anyone other than First Night and the City.
13. The parties agree and understand that this Agreement is exclusive of any and all other
agreements, and that it in no way alters, amends or abridges any rights, obligations or duties
of the parties contained in such agreements.
14. A waiver by either party of any terms or conditions herein shall be limited to that particular
instance, and shall not be construed as a general waiver of any other breaches by either party.
15. This agreement constitutes the entire understanding of the parties, and no modification or
variation of the terms of this agreement shall be valid unless made in writing and signed by
the duly authorized agents of the City and First Night.
16. Severability. Each paragraph of this agreement is severable from all other paragraphs. In
the event any court of competennurisdiction determines that any paragraph or subparagraph
is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs will
remain in full force and effect.
17. Interpretation. This agreement shall be interpreted according to and enforced under the laws
of the State of Arkansas.
H:\BUDGE7Ussuebud\contract for services first night.WPD Page 3 of 4
• •
18. Tax Exempt Status: Attached hereto and made part hereof is a copy of the correspondence
from the Internal Revenue Service dated confirming the 501(c)(3) tax
exempt status of the First Night Fayetteville, Inc.
IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above.
First Night Fayetteville, Inc. City of Fayetteville
Tobi Kaufman, Director Dan Coody, Mayor
Attested By: Attested By:
H:\BUDGEnssuebud\contract for services first night.WPD Page 4 of 4
To: Connie Edmonston, Parks & Recreation
From: Heather Woodruff, City Clerk
Date: September 25, 2001
Attached is a copy of Resolution No. 130-01 approving a contract for services with First Night
Fayetteville, Inc. to promote and manage an alcohol free, family friendly and community oriented
celebration of New Year's Eve. I am returning contract to you. The original will be
microfilmed and filed with the City Clerk.
cc: Nancy Smith, Internal Audit
V
0
0 -
FOS
-rnbl
•
DATE
7 a TIME2 .. .
OF
PHONE 1- FAX
MESSAGE L� 1 \, CJQ 1
-t-o t C \ C_OINkrGth
SIGNED
x.1154
1154
jilCPHONED
RETURNED YOUR CALL
PLEASE CALL
WILL CALL AGAIN
CAME TO SEE YOU
WANTS TO SEE YOU
O/ li I ceZ
Z c� ' ,,�re A
sA s�
•
•
•
INTERNAL REVENUE SERVICE
DISTRICT DIRECTOR
P. 0. BOX 2508
CINCINNATI, OH 45201
Date: FEB 0 4 1998
FIRST NIGHT FAYETTEVILLE INC
C/O TOBI KAUPMAN
570 VINSON
FAYETTEVILLE, AR 72701
•
•
DEPARTMENT OF THE TREASURY
Employer Identification Number:
71-0801074
DLN:
17053363186007
Contact Person:
D. A. DOWNING
Contact Telephone Number:
(513) 241-5199
Accounting Period Ending:
December 31
Foundation Status Classification:
509(a)(2)
Advance Ruling Period Begins:
November 10, 1997
Advance Ruling Period Ends:
December 31, 2001
Addendum Applies:
No
Dear Applicant:
Based on information you supplied, and assuming your operations will be as
stated in your application for recognition of exemption, we have determined you
are exempt from federal income tax under section 501(a) of the Internal Revenue
Code as an organization described in section 501(c)(3).
Because you are a newly created organization, we are not now making a
final determination of your foundation status under section 509(a) of the Code.
However, we have determined that you can reasonably expect to be a publicly
supported organization described in section 509(a)(2).
Accordingly, during an advance ruling period you will be treated as a
publicly supported organization, and not as a private foundation. This advance
ruling period begins and ends on the dates shown above.
Within 90 days after the end of your advance ruling period, you must
send us the information needed to determine whether you have met the require-
ments of the applicable support test during the advance ruling period. If you
establish that you have been a publicly supported organization, we will classi-
fy you as a section 509(a)(1) or 509(a) (2) organization as long as you continue
to meet the requirements of the applicable support test. if you do not meet
the public support requirements during the advance ruling period, we will
classify you as a private foundation for future periods. Also, if we classify
you as a private foundation, we will treat you as a private foundation from
your beginning date for purposes of section 507(d) and 4940.
Grantors and contributors may rely on our determination that you are not a
private foundation until 90 days after the end of your advance ruling period.
If you send us the required information within the 90 days, grantors and
contributors may continue to rely on the advance determination until we make
a final determination of your foundation status.
If we publish a notice in the Internal Revenue Bulletin stating that we
Letter 1045 (DO/CG)
Lt
09
• •
FIRST NIGHT PAYETTEVILLE INC
will no longer treat you as a publicly supported organization, grantors and
contributors may not rely on this determination after the date we publish the
notice. In addition, if you lose your status as a publicly supported organi-
zation, and a grantor or contributor was responsible for, or was aware of, the
act or failure to act, that resulted in your loss of such status, that person
may not rely on this determination from the date of the act or failure to act.
Also, if a grantor or contributor learned that we had given notice that you
would be removed from classification as a publicly supported organization, then
that person may not rely on this determination as of the date he or she
acquired such knowledge.
If you change your sources of support, your purposes, character, or method
of operation, please let us know so we can consider the effect of the change on
your exempt status and foundation status. If you amend your organizational
document or bylaws, please send us a copy of the amended document or bylaws.
Also, let us know all changes in your name or address.
As of January 1, 1984, you are liable for social security taxes under
the Federal Insurance Contributions Act on amounts of $100 or more you pay to
each of your employees during a calendar year. You are not liable for the tax
imposed under the Federal Unemployment Tax Act (FUTA).
Organizations that are not private foundations are not subject to the pri-
vate foundation excise taxes under Chapter 42 of the Internal Revenue Code.
However, you are not automatically exempt from other federal excise taxes. If
you have any questions about excise, employment, or other federal taxes, please
let us know.
Donors may deduct contributions to you as provided in section 170 of the
Internal Revenue Code. Bequests, legacies, devises, transfers, or gifts to you
or for your use are deductible for Federal estate and gift tax purposes if they
meet the applicable provisions of sections 2055, 2106, and 2522 of the Code.
Donors may deduct contributions to you only to the extent that their
contributions are gifts, with no consideration received. Ticket purchases and
similar payments in conjunction with fundraising events may not necessarily
qualify as deductible contributions, depending on the circumstances. Revenue
Ruling 67-246, published in Cumulative Bulletin 1967-2, on page 104, gives
guidelines regarding when taxpayers may deduct payments for admission to, or
other participation in, fundraising activities for charity.
You are not required to file Form 990, Return of Organization Exempt From
Income Tax, if your gross receipts each year are normally $25,000 or less. If
you receive a Form 990 package in the mail, simply attach the label provided,
check the box in the heading to indicate that your annual gross receipts are
normally $25,000 or less, and sign the return.
If a return is required, it must be filed by the 15th day of the fifth
month after the end of your annual accounting period. A penalty of $20 a day
is charged when a return is filed late, unless there is reasonable cause for
Letter 1045 (DO/CG)
•
• •
-3-
FIRST NIGHT FAYETTEVILLE INC
the delay. However, the maximum penalty charged cannot exceed $10,000 or
5 percent of your gross receipts for the year, whichever is less. Por
organizations with gross receipts exceeding $1,000,000 in any year, the penalty
is $100 per day per return, unless there is reasonable cause for the delay.
The maximum penalty for an organization with gross receipts exceeding
$1,000,000 shall not exceed $50,000. This penalty may also 5e charged if a
return is not complete. So, please be sure your return is complete before you
file it.
You are not required to file federal income tax returns unless you are
subject to the tax on unrelated business income under section 511 of the Code.
If you are subject to this tax, you must file an income tax return on Form
990-T, Exempt Organization Business Income Tax Return. In this letter we are
not determining whether any of your present or proposed activities are unre-
lated trade or business as defined in section 513 of the Code.
You are required to make your annual return available for public
inspection for three years after the return is due. You are also required to
make available a copy of your exemption application, any supporting documents,
and this exemption letter. Failure to make thesets saavailablehfor
ory
public inspection may subject you to a penalty of d20 per
there is a failure to comply (up to a maximum of $10,000 in the case of an
annual return) .
You need an employer identification number even if you have no employees.
If an employer identification number was not entered on your application, we
will assign a number to you and advise you of it. Please use that number on
all returns you file and in all correspondence with the Internal Revenue
Service.
If we said in the heading of this letter that an addendum applies, the
addendum enclosed is an integral part of this letter.
Because this letter could help us resolve any questions about your exempt
status and foundation status, you should keep it in your permanent records.
If you have any questions, please contact the person whose name and
telephone number are shown in the heading of this letter.
Sincerely yo s
ifAI 'IIyy �•.a,6
•r�+ District Director
Enclosure(s):
Form 872-C
Letter 1045 (DO/CG)
Occ 05 01 04:i0o
ITHIS BiNOER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO
PRCGLCSR
ACOA INSURANCE BINDER
GP ID 5:£
p.2
GATE
_ 10/05/Ci
THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
H T
TINE
DA 1` ?IE ` _._��.----_" _-1
AI,
i X i I: U1 AN
PN 1 09/25/02 1-121
1 NDO'•
09125/71. ;___-__-
mi
1 Th15 CINCER'I.S:e&'JEDTOEA'IEND v9rERAGE IN THE ASO Va NAMED COWAN`:
-•{f Pv. EAPNUN3POLICY.: wC4-0715877_
1 DESCRIPTIOM 0I GPERAT'.ONSNEHICLEA?ROPERTY
N0.Na,Eri): 442-2335
IHoCARTNEY-FAUCETTE no
1 4280 GABEL
£AYETTEVII.LS AR 72703
Stews Rsiley
CODE: 31lGCOGE
'3uo oER.TH FIRST -1
1kSURED
First Night Fayotteville, Inc.
Tobi Eauf3Ran
570 Vinson
Sayetteville AR 72701
BINDER BSS
CCNIAMV `Lq9 a,. ,yvBnAJC4=-.
i BCLL,,AS'7EOU° CCM.'AN_8s -•— --.E�cru�sa
J
COVERAGES
TYPEOPINSURANCE -1-
PROPEATY CAJBES OP LOSS
BASIC I GR.0 L SPEC
GENERAL LIAEILTY
! i GDMMCA:NLL GENEAKL LIAR!: T•
_ —1 CLAMS WA3i 1 OCCL14
I
AUTOMOBlue LumIon
�i ANY PUT'D
f ALL 7A. ,ED ALTOS
j SChE::.EO AUTOS
HIRED AUYS
NON•CANH)AUT05
-_ i
—JIN:WSBW LociDmd
Non -Profit corporation located at
570 Vinson, Fayetteville, AR 72701
covERAGEPters
RETF& DATE FOR CLAIMS F,ADE
1 AUTO PHYSICAL GAMAOE ;: ;;reLE I--' V-'-VEtiC:ES
I COLLISION.
GTneA FHA!, EDL:
1 GARAGE LIABILITY
ANY AUTO
ERODE. LIAs1UT
UNISRE.V FORST
1 OTnEN TAAN LNERE'. V FORM
WORKER'S CO\PLNSAT10M
AND
EMPLOYER'S'LIABIL'TY
—I
Cll-SD v3NCLES
I
RETRO DATE TOR C.A;US
PEi
�oo1hE lOVE,
Mau
NAME & ADDRESS
ACORD 754 (7:88)
CE'
m3RIGAGEE
I-
{ LC3aP AYES
r :3
LIMITS
;; DED:E Cp113% AMOUNT
-- - f{
I 11
-..1
I EACH OCCURPENCE 5
FIRE:ANAGE Anr one WI) B
AF (Al ore PennIS --
NE E
1
?ERWMAL+PD:U1XRY
16d,ERA.ASOREGATE
PROMOTa • CON'n9! AGA
----1
---1
' COMBINED SAGIE LIMB SCUIL'e NJURY (PW Belson) 3
. EO �ILv mAert (Fre aeoMen_ I
_RDPEPt.uANPGE
MEDICA'.PAY?J2NTS 1 E
1 PERSONAL INJURY PROT 1S —
VNNSU'RED NOTOPISTA
ACTUAL CASK VALUE
STATED AMOUNT 1 1
i OT'naR
A.;rQ_ALY.E4 ACCIOE r I E
I OTNCATHAN AUTD ONLY. _I_
i.. - AaGREISATE {^
'
EACH OOCURR:NCE ^,� 5
AGGREGATE 1 3 --
SEI.:•I95UPED RETE!'to 15 _ —J
X I W3 STATUTORY LI MITE 1
C-IDENT 13100 060
EACH ACCIDENT ;B
_FICH A�__ —
E.:.DISEASE•MFNPLCYEE 5-1.0-0,OOD
S. D'SeASE • POLICY 500 , 000
. IMES -J S _-_..-_._-_-{
ESTIMATED TO°AL PRENI'JM 3248
ADC^IONAL INSURED
-1
A'UTHORI
RTANI 5I ATE INPORMATON ON REVERSE SIDE
CACORD CORPORATION 1903
Ir
a
.1B' 0039%39003900390039 9 9 9 9 9 9 9 9
10/05/01 12:31
•
18ie4r01 Tat' 15:41 FAX 41r 666 4206 ern JA11F9. INC.
P01
QUOTATION
This Is 6 Premium QuOtatten Only
Not Binder of Insurence
MOD JAMES, INC.
P.O. Box 2802.105' Springfield, MO 8$801 • Telephone 417488-3535Fex 417.888.2295'
1-800.771.8779
AGENT YOUNG INS SERVICES
FAX 501 876 2728 _.
sUBJECT _ FIRST NIGHT FAYETTEVILLE�__�
XX QUOTATION INDICATION ONLY
DATE _10/04101
ATTN: NEIL
FROM: ROBIN KELLYIek _.
POLICY NO,:
EXPIRES:
X001
TERM: 12131101 -111/02
we ere pleased to provide you with the following:
PREMIUM 51500 MVD 100% INSPECTION POLICY FEE $100 TM 4% ADM
MINIMUM EARNED PREMIUM —Or COMMISSION 10%
INSURANCE COMPANY�,,�NERFULCRUM
Q ak 94 jel"G AL u4dlLrrY
Rating Bess:
General Aggregate
preducts/Compiated Operations Aggregate
Personal Injury/Advertising Injury
Each Occurrence
$1,0001000
SI 0000,000
000000
$1,000.000
SEXCLUDED
SEXCLUDED
40sv D
Fire Damage
Medical Payments
son mom
�. Q•
Other (2,)A DQ 1 - rM C C �'•c y o✓ '�•i
Occurrence °r"!
lalmt Made Pr u
5500 Deductible per occurrence Including LAE and applies to
OTHER
LIMITS
COVERAGE
FLAT
BASIS
PREMIUM
COMMENTS/SPEdI CONDITIONS/EXCLUSIONS: Pun Dart Asbestos, Y2K, EPLI, NB, LEAD
SUBSIDENCE , and per the attached forms/conditions listed. We need an original, signed dated completed app.
prior osrrler Info, loss history, company supplements (If eppttssble) and PRIOR notification to bind this risk.
❑ If chocked, premium payment must accompany your order to bind coverage of $
This quotation le valid for thirty days. Coverage bears minimum earned premium Indicated above. Subject to the
terms and conditions of contract agent entered Into with MED JAMES, INC. NO FLAT CANCELLATIONS. No
blyding authority 1 conveyed to any agent. Please review me quotation es It may not Iia ail coverages raeuested.
As Fees ere fully earned.
/7S1 540,66
-ssys,,shat • rya G r as
651 (00