HomeMy WebLinkAboutItem 06.cJune 20, 2016 Item No.
APPROVAL OF INSTRUCTOR AGREEMENT
FOR THE RECREATION DEPARTMENT
Proposed Action
Staff recommends adoption of the following motion: Move to approve instructor agreement with
Kevin Raberge- ATA Leadership Martial Arts for the Recreation Department
Overview
The City of Lakeville's Recreation Department offers classes and activities to the public. Staff has
secured an agreement and recommends approval of the following for recreation programs:
• Karate
Primary Issues to Consider
• None
Supporting Information
• Agreement for services performed by independent contractor
Financial Impact: $ Budgeted: Y® N❑ Source: Recreation Division Budget
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and
Recreational Opportunities
Report Completed by: Kacie Robinson, Recreation Program Coordinator
PERFORMED BY INDEPENDENT CONTRACTOR
THIS AGREEMENT is made on the 13th day of June, 2016, between the CITY OF LAKEVILLE ("City"),
whose business address is 20195 Holyoke Avenue, Lakeville, MN 55044, and Kevin Raberae's ATA
Leadership Martial Arts, ("Contractor"), whose business address is 20818 Holyoke Ave Lakeville, MN
55044
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 Rrivacv. 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 gvin R'�6erge - ATA Leadership Martial Arts
Attest
City Clerk
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Exhibit _A
Karate
Raberge's ATA Leadership Martial Arts
20818 Holyoke Ave
Lakeville MN 55044
kraberee5 gmiiil.corn
952-469-2522
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 for services at 70%
of published program fee.
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 registration and or receive 30% of
registration/participation fee for each participant that signs up thru Lakeville
Parks and Recreation -Karate
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 3
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.: w C - Z2'OY- Z3 Z-;(_ j I - o
DATES OF COVERAGE:
-OR—
I am not required to have workers' compensation liability coverage because:
❑ 1 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.
IC -2005
CERTIFICATE OF INSURANCE
LIABILITY & WORKERS' COMPENSATION
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate
does not amend, extend or alter the coverage afforded by the policies listed below.
PROJECT:
CERTIFICATE HOLDER & ADDITIONAL INSURED: City of Lakeville
ADDRESS: 20195 Holyoke Avenue West
Lakeville, MN. 55044
ARCH/ENGR:
INSURED: bADDRESS: ZD �' /�A4G. 64'r--@ Ate. .A S)
Z- C,4 -e C"'It c i A-) n-0 'y
AGENT:a4�Z kv-e! -�— �'LC� ADDRESS: e a
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WORKERS' COMPENSATION COVERAGE
POLICY# WG'22EFFECTIVE DATE 116 EXPIRATION
DATE_/t - /_
INSURANCE COMPANY:
COVERAGE -Workers' Compensation, Statutory. Employers' Liability Limit
$ IOU Each Accident $ y. a: Disease Policy Limit $ f �`�' vac "� Disease Employee Limit
($500,000 Policy limit applies to both accident and disease)
GENERAL LIABILITY
& g thiFS®aoc1eaS�°��`'�
POLICY # EFFECTIVE DATE f I_LJ�, l__LCEXPIRATION
DATE I D
INSURANCE COMPANY: � �,/I � � /^6� z �.
( )Claims Made (�r�Occurrence ()Owner's Contractors Protective ()Other
LIMITS:
General Aggregate Limit (Other Than Products -Completed Operations) $ �, �a . �.z'J,`'�
Products -Completed Operations Aggregate Limit
Personal & Advertising Injury Limit
Each Occurrence
IC -2005