HomeMy WebLinkAboutItem 06.lMarch 16, 2015 0 Item No.
APPROVAL OF INSTRUCTOR AGREEMENTS
FOR THE RECREATION DEPARTMENT
Proposed Action
Staff recommends adoption of the following motion: Move to approve instructor
agreements for the Recreation Department.
Overview
The City of Lakeville's Recreation Department offers classes and activities to the public.
Staff has secured agreements and recommends approval of contracts with the following
instructors for recreation programs:
• Mark Reamer, Adult Softball Umpire Scheduling Coordinator
Primary Issues to Consider
• None
Supporting Information
• Agreements for services performed by independent contractors
Brett Altergott
Parks & Recre io Director
Financial Impact: $ Budgeted: Y/N Y Source: Recreation Division Budget
Related Documents (CIP, ERP, etc.):
Community Values: Access to a Multitude of Natural Amenities and Recreational
Opportunities - We value widespread access to nature, the outdoors, and recreational
opportunities of all kinds.
AGREEMENT FOR SERVICES
PERFORMED BY INDEPENDENT CONTRACTOR
THIS AGREEMENT is made on the .day of march, 2015, between the CITY OF LAKEVILLE ("City"),
whose business address is 20195 Holyoke Avenue, Lakeville, MN 55044, and Mark Reamer,
("Contractor"), whose business address is 1125 Pine Street, Farmington, MN 55024.
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. Contractor shall furnish
any and all supplies, equipment, and incidentals necessary for Contractor's performance under
this Agreement. 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.
IC -2005
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 BY:
Mark Reamer
Attest:
City Clerk
IC -2005
EXHIBIT A
Contractor: Mark Reamer
1125 Pine Street
Farmington, MN 55024
Service: Softball Umpire Coordinator Responsibilities:
■ To schedule softball umpires for all city sponsored adult softball leagues for the Lakeville Parks & Recreation
Department.
■ To ensure each umpire is registered through USSSA.
• To ensure umpires/officials are trained and competent in their ability to successfully officiate both mixed, men's
and women's leagues.
■ To enforce the Official's Expectations and Agreement to all umpires/officials.
■ To implement appropriate disciplinary actions for violation of Official's Expectations and/or Agreement.
■ To submit all necessary paperwork to the League Director on a regular basis, including the officiating invoice
and coordinator's invoice, plus ensure all umpires/officials have a W9 form filled out and turned into the league
director. Invoices are approved by City Council twice a month.
Compensation: Softball Umpire Scheduler
■ $3.00 per game, including regular season and playoffs.
Softball Umpire Pay
■ $24.00 per game for 55 minute mixed regular season and playoffs.
• $27.00 per game for 65 minute men's regular season and playoffs.
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)
IC -2005