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HomeMy WebLinkAboutItem 06.eOctober 22, 2012 / I I Item No. PERFORMANCE AGREEMENT AND INDEPENDENT CONTRATOR AGREEMENTS FOR THE LAKEVILLE AREA ARTS CENTER Proposed Action Staff recommends adoption of the following motion: Move to approve performance agreements and independent contractor agreements with the following individuals for the Lakeville Area Arts Center. Performer Prairie Fire Theatre performing June 17 -22, 2013 Prairie Fire Theatre performing July 15 -20, 2013 Prairie Fire Theatre performing August 23 -24, 2013 Independent Contractor • Deb Feuring providing painting workshops as scheduled • Ann Poulson providing wool felting workshops as scheduled Passage of this motion will result in confirming the staff needed to offer programs advertised in the Parks and Recreation brochures and the LAAC playbill. Overview The Lakeville Area Arts Center offers activities to the public as advertised in the Lakeville Parks and Recreation brochures and the LAAC Playbill. Performers are contracted for concerts in independent contractors are hired for art workshops and classes. Primary Issues to Consider • None Supporting Information • Performer agreements • Independent contracts Tom Barnard Lakeville Area Arts Center Manager Financial Impact: Budgeted Y/N Y Source: Related Documents (CIP, ERP, etc.): Parks & Recreation and Arts Center Brochure and LAAC Playbill Notes: ( oS hAA4 Prairie Fire Theatre Box 82 Barrett, MN 56311 -0082 320 - 528 -2596 I �Um , IN "Alladin" Touring Contract /JO Residency Week June 16 -22, 2013 Community Lakeville, MN Q00 ;1 Contact Tom Barnard Phone 952- 985 -4641 Sponsor Lakeville Art Center Address PO Box 835 tlkEIZ Lakeville, MN 55044 ��� Audition Date *J wr-4- t`1 Z� +� Time/Location G ln0 p, �k LA A - c , 'tatf Performance Date(s) 2.1 Z'- 3 Time(s) i0t or, 4 , �h WIN Fee: The total fee for the residency is $2300. The fee is due on or before the day of the first performance. Deposit: A deposit of $400 per residency week must accompany a signed contract to secure a booking. The signed contract and deposit are due on 12/15/2012. {. The deposit goes toward the fee and is no longer refundable after receipt. Performances: Two (2) performances are included with the standard residency fee. Please note an in- school show constitutes a performance. THE WIZARD Extra performances are available at a cost of $200 each. OF 0% Lodging: The sponsor must furnish individual motel accommodations; Sunday through Saturday (7 nights), for two (2) tour directors, within ten (10) miles of the residency venue. When the motel is more than ten (10) miles from the • residency venue, the sponsor will be charged the federal mileage rate for travel between the motel and the venue past the allotted 10 miles. Prairie Fire also reserves the right to add a fuel surcharge. Publicity: Costs for local publicity, promoting auditions and performances are paid by the sponsor. A sponsor kit that contains sample press releases for auditions M � performances, a sample ad, a logo sheet, a sample program and show poster is available on the Prairie Fire website. Box Office: The pricing and sale of tickets is the sponsor's responsibility, as is running the box office at the door. Income from the ticket sales goes to the sponsor. OF DARK MIST Indemnification: The sponsor shall indemnify and hold Prairie Fire or its directors harmless against liabilities, expenses and losses incurred by Prairie Fire or its directors as a result of any person in or about the premises or appurtenances provided by the sponsor and used by Prairie Fire in performing this contract. eAlke Copyright: The unauthorized use of Prairie Fire scripts, music, or logos is strictly In prohibited. Video taping of Prairie Fire Productions is allowed only if Prairie Fire Wonderland is properly credited, tapes are not sold for profit, and Prairie receives one (1) copy. U SjLWT ; Signed Date Community Sponsor Signed Date 0. z Prairie Fire Theater A&trmnter Jack q CurnC anb trye 3nau�y �ean�ta[k p �nowZllhiAc A AW KAM tiREl 'I�dEf NOBiN NO�p ,, fr,FIAN THE WIZARD or 4Z Of DARK MIST Alke In Wonde.Hand O 3ra�,iy Prairie Fire Theatre Box 82 Barrett, MN 56311 -0082 320 - 528 -2596 "A Midsummer Night's Dream" Touring Contract Residency Week July 14-20,2013 Community Lakeville, MN Contact Tom Barnard Phone 952- 985 -4641 Sponsor Lakeville Art Center Address PO Box 835 Lakeville, MN 55044 Audition Date J w-t t 5 20 i 3 Time/Location L A . 1, o e ,K� Performance Date(s) F -J I `+- Z`' Z`' f 3 Time(s) -r) Fee: The total fee for the residency is $2300. The fee is due on or before the day of the first performance. Deposit: Performances: Two (2) performances are included with the standard residency fee. Please note an in- school show constitutes a performance. Extra performances are available at a cost of $200 each. Lodging: The sponsor must furnish individual motel accommodations; Sunday through Saturday (7 nights), for two (2) tour directors, within ten (10) miles of the residency venue. When the motel is more than ten (10) miles from the residency venue, the sponsor will be charged the federal mileage rate for travel between the motel and the venue past the allotted 10 miles. Prairie Fire also reserves the right to add a fuel surcharge. Publicity Costs for local publicity, promoting auditions and performances are paid by the sponsor. A sponsor kit that contains sample press releases for auditions and performances, a sample ad, a logo sheet, a sample program and show poster is available on the Prairie Fire website. Box Office: The pricing and sale of tickets is the sponsor's responsibility, as is running the box office at the door. Income from the ticket sales goes to the sponsor. Indemnification: The sponsor shall indemnify and hold Prairie Fire or its directors harmless against liabilities, expenses and losses incurred by Prairie Fire or its directors as a result of any person in or about the premises or appurtenances provided by the sponsor and used by Prairie Fire in performing this contract. Copyright: The unauthorized use of Prairie Fire scripts, music, or logos is strictly prohibited. Video taping of Prairie Fire Productions is allowed only if Prairie Fire is properly credited, tapes are not sold for profit, and Prairie receives one (1) copy. Signed Date Signed Community Sponsor Prairie Fire Theater ' � • /7® Jack 066tmag anD t�j¢ �eangtal& Carol Date Ilk t`` iZ MirG�irnnier a^�, Dr�arn esnow"iA Prairie Fire Theatre Box 82 Barrett, MN 56311 -0082 320 - 528 -2596 "Sleeping Beauty" Touring Contract Residency Week August 18 -24, 2013 Community Lakeville, MN Contact Tom Barnard Phone 952- 985 -4641 Sponsor Lakeville Art Center Address PO Box 835 E1 Lakeville, MN 55044 4�Bc`�t Audition Date A u 4 14 t 2e ! 3 Time/Location Lo 2,ww L A r� c-, .71 o o NAA, Performance Date(s) ; °' 3 3 Time(s) !'31 WIN Fee: The total fee for the residency is $2300. The fee is due on or before the N day of the first performance. Deposit: A deposit of $400 per residency week must accompany a signed contract to secure a booking. The signed contract and deposit are due on 12/15/2012. The deposit goes toward the fee and is no longer refundable after receipt. Performances: Two (2) performances are included with the standard residency fee. Please note an in- school show constitutes a performance. THE WI%ARD Extra performances are available at a cost of $200 each. aF� Lodging: The sponsor must furnish individual motel accommodations; Sunday through Saturday (7 nights), for two (2) tour directors, within ten (10) miles of the • residency venue. When the motel is more than ten (10) miles from the residency venue, the sponsor will be charged the federal mileage rate for travel between the motel and the venue past the allotted 10 miles. Prairie Fire also reserves the right to add a fuel surcharge. Publicity: Costs for local publicity, promoting auditions and performances are paid by the sponsor. A sponsor kit that contains sample press releases for auditions o to, a ftP9 and performances, a sample ad, a logo sheet, a sample program and show poster is available on the Prairie Fire website. 1 i�% Box Office: The pricing and sale of tickets is the sponsor's responsibility, as is running the box office at the door. Income from the ticket sales goes to the sponsor. Of DARK MIST Indemnification: The sponsor shall indemnify and hold Prairie Fire or its directors harmless against liabilities, expenses and losses incurred by Prairie Fire or its directors as a result of any person in or about the premises or appurtenances ♦ provided by the sponsor and used by Prairie Fire in performing this contract. Alice Copyright: The unauthorized use of Prairie Fire scripts, music, or logos is strictly In prohibited. Video taping of Prairie Fire Productions is allowed only if Prairie Fire Wonderland is properly credited, tapes are not sold for profit, and Prairie receives one (1) copy. O OAT= Signed Date Community Sponsor Signed Date `k tv tL Prairie Fire Theater Chrt5tttta$ , Ja � /l!l�altfpter py� Caro \ > an the Night! IN 3eaw )Btanvatk ;a, b ream. AGREEMENT FOR SERVICES PERFORMED BY INDEPENDENT CONTRACTOR THIS AGREEMENT is made on the 1S day of October, 2012, between the CITY OF LAKEVILLE ( "City "), whose business address is 20195 Holyoke Avenue, Lakeville, MN 55044, and Deb Feuring ( "Contractor "), whose business address is 1595 Cornerstone Lane, Owatonna, MN 55060. THE CITY AND CONTRACTOR AGREE AS FOLLOWS: 1. Independent Contractor The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees are in any manner agents or employees of the City. Contractor shall be exclusively responsible under this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and /or self - employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 2. Contractor's Services The Contractor agrees to provide services as described in Exhibit A, attached and made a part of this Agreement. The Contractor shall, in the execution of services, conform to all applicable federal, state, and local laws, codes, ordinances, and regulations. 3. Time for Performance of Services The Contractor shall perform the services outlined in Exhibit A, attached and made a part of this Agreement. 4. Compensation for Services The City agrees to pay the Contractor for services as described in Exhibit A, attached and made a part of this Agreement. Customer refunds will be made at the discretion of the City. If a full or partial refund is given after the program starts or completed, compensation to the contractor will be adjusted. 5. Method of Payment The Contractor shall submit to the City, on a monthly basis, itemized bills for professional services performed under this Agreement. Bills submitted shall be paid in the same manner as other claims made to the City. 6. Termination This Agreement shall continue in effect until and unless amended or terminated by either party. Either party, without cause, may terminate this Agreement by seven (7) days' written notice delivered to the other party at the address written above. After termination, the City shall have no further obligation to Contractor except to compensate Contractor for services performed before Contractor's receipt of notice of termination. 7. Subcontractor. The Contractor shall not enter into subcontracts for services provided under this Agreement, except as noted in Exhibit A, without the express written consent of the City. 8. Assignment. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 9. Indemnification. Contractor agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Contractor, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Contractor fully to perform, in any respect, all obligations under this Agreement. 10. Workers Compensation Insurance Worker's compensation coverage shall be furnished meeting minimum requirements of Minnesota law. The Contractor shall provide proof of workers' compensation coverage and shall execute the form attached hereto. 11. Record Acces The Contractor shall provide the City access to any books, documents, papers, and records which are directly pertinent to the Agreement, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this Agreement are closed. 12. Data Privacy The Contractor shall comply with Minnesota Statutes Chapter 13, The Minnesota Government Data Practices Act. The Contractor shall not disclose non - public information except as authorized by the Act. 13. Ownership of Documents. All plans, diagrams, analyses, reports, and information generated in connection with performance of the Agreement shall become the property of the City. The City may use the information as it sees fit. Such use by the City shall not relieve any liability on the part of the Contractor. 14. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. Executed as of the day and year first written above. CITY OF LAKEVILLE CONTRACTOR: Mayor BY: �J Attest: City Clerk Exhibit A DEB FEURING Contractor's Services The Contractor agrees to provide services as described in the program course description as it appears in the Parks and Recreation Seasonal Brochure. Compensation for Services The City agrees to pay the Contractor $45.00 per student at the completion of the program course. Minimum /Maximum The City agrees to honor the minimum /maximum enrollment number as requested by contractor. Proof of Program Course Description The Contractor agrees to proof and ultimately approve the final program description by city established deadline dates. Registration The city will process all program registrations. Time Frame of Exhibit A . The Exhibit A shall continue in effect until and unless amended or terminated by either party (see #6 of contract) PROOF OF WORKERS' COMPENSATION INSURANCE COVERAGE Minnesota Statutes Section 176.182 requires every governmental subdivision entering into a contract for doing any public work to obtain acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Section 176.181, subd. 2. The information required is: the name of the insurance company, the policy number, and dates of coverage or the permit to self- insure. This information will be collected by the licensing agency and put in their company file. It will be furnished, upon request, to the Department of Labor and Industry to check for compliance with Minnesota Statutes Section 176.181, subd. 2. This information is required by law, and a contract for the doing of any public work may not be entered into if it is not provided and /or is falsely reported. Furthermore, if this information is not provided and /or is falsely reported, it may result in a penalty assessed against the applicant by the Commissioner of the Department of Labor and Industry payable to the Special Compensation Fund. Provide the information specified above in the spaces provided, or certify the precise reason your business is excluded from compliance with the insurance coverage requirement for workers' compensation. INSURANCE COMPANY NAME: (NOT the insurance agent) POLICY NO. OR SELF - INSURANCE PERMIT NO.: DATES OF COVERAGE: -OR— I am not required to have workers' compensation liability coverage because: X I have no employees covered by the law. ❑ Other (specify): I HAVE READ AND UNDERSTAND MY RIGHTS AND OBLIGATIONS WITH REGARD TO PUBLIC CONTRACTS AND WORKERS' COMPENSATION COVERAGE, AND I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE AND CORRECT. L,,� , � L (Signature) AGREEMENT FOR SERVICES PERFORMED BY INDEPENDENT CONTRACTOR THIS AGREEMENT is made on the 18 day of October, 2012, between the CITY OF LAKEVILLE ( "City "), whose business address is 20195 Holyoke Avenue, Lakeville, MN 55044, and Ann Poulson ( "Contractor "), whose business address is 10283 Upper 178 St. W, Lakeville, MN 55044. THE CITY AND CONTRACTOR AGREE AS FOLLOWS: Independent Contractor The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees are in any manner agents or employees of the City. Contractor shall be exclusively responsible under this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and /or self - employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 2. Contractor's Services The Contractor agrees to provide services as described in Exhibit A, attached and made a part of this Agreement. The Contractor shall, in the execution of services, conform to all applicable federal, state, and local laws, codes, ordinances, and regulations. 3. Time for Performance of Services The Contractor shall perform the services outlined in Exhibit A, attached and made a part of this Agreement. 4. Compensation for Services The City agrees to pay the Contractor for services as described in Exhibit A, attached and made a part of this Agreement. Customer refunds will be made at the discretion of the City. If a full or partial refund is given after the program starts or completed, compensation to the contractor will be adjusted. 5. Method of Payment The Contractor shall submit to the City, on a monthly basis, itemized bills for professional services performed under this Agreement. Bills submitted shall be paid in the same manner as other claims made to the City. 6. Termination This Agreement shall continue in effect until and unless amended or terminated by either party. Either party, without cause, may terminate this Agreement by seven (7) days' written notice delivered to the other party at the address written above. After termination, the City shall have no further obligation to Contractor except to compensate Contractor for services performed before Contractor's receipt of notice of termination. 7. Subcontractor. The Contractor shall not enter into subcontracts for services provided under this Agreement, except as noted in Exhibit A, without the express written consent of the City. 8. Assignment. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 9. Indemnification. Contractor agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Contractor, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Contractor fully to perform, in any respect, all obligations under this Agreement. 10. Workers Compensation Insurance Worker's compensation coverage shall be furnished meeting minimum requirements of Minnesota law. The Contractor shall provide proof of workers' compensation coverage and shall execute the form attached hereto. 11. Records Access. The Contractor shall provide the City access to any books, documents, papers, and records which are directly pertinent to the Agreement, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this Agreement are closed. 12. Data Privacy The Contractor shall comply with Minnesota Statutes Chapter 13, The Minnesota Government Data Practices Act. The Contractor shall not disclose non - public information except as authorized by the Act. 13. Ownership of Documents. All plans, diagrams, analyses, reports, and information generated in connection with performance of the Agreement shall become the property of the City. The City may use the information as it sees fit. Such use by the City shall not relieve any liability on the part of the Contractor. 14. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. Executed as of the day and year first written above. CITY OF LAKEVILLE CONTRACTOR: Mayor Attest: City Clerk Exhibit A ANN POULSON Contractor's Services The Contractor agrees to provide services as described in the program course description as it appears in the Parks and Recreation Seasonal Brochure. Compensation for Services The City agrees to pay the Contractor $30.00 per student at the completion of the program course. Minimum /Maximum The City agrees to honor the minimum /maximum enrollment number as requested by contractor. Proof of Program Course Description The Contractor agrees to proof and ultimately approve the final program description by city established deadline dates. Registration The city will process all program registrations. Time Frame of Exhibit A . The Exhibit A shall continue in effect until and unless amended or terminated by either party (see #6 of contract) PROOF OF WORKERS' COMPENSATION INSURANCE COVERAGE Minnesota Statutes Section 176.182 requires every governmental subdivision entering into a contract for doing any public work to obtain acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Section 176.181, subd. 2. The information required is: the name of the insurance company, the policy number, and dates of coverage or the permit to self- insure. This information will be collected by the licensing agency and put in their company file. It will be furnished, upon request, to the Department of Labor and Industry to check for compliance with Minnesota Statutes Section 176.181, subd. 2. This information is required by law, and a contract for the doing of any public work may not be entered into if it is not provided and /or is falsely reported. Furthermore, if this information is not provided and /or is falsely reported, it may result in a penalty assessed against the applicant by the Commissioner of the Department of Labor and Industry payable to the Special Compensation Fund. Provide the information specified above in the spaces provided, or certify the precise reason your business is excluded from compliance with the insurance coverage requirement for workers' compensation. INSURANCE COMPANY NAME: (NOT the insurance agent) POLICY NO. OR SELF - INSURANCE PERMIT NO.: DATES OF COVERAGE: -OR— I am not required to have workers' compensation liability coverage because: K I have no employees covered by the law. ❑ Other (specify): I HAVE READ AND UNDERSTAND MY RIGHTS AND OBLIGATIONS WITH REGARD TO PUBLIC CONTRACTS AND WORKERS' COMPENSATION COVERAGE, AND I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE AND CORRECT. (Signature)