HomeMy WebLinkAboutItem 06.k
August 1, 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
Lifetime Fitness and Amy Presler 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:
• Outdoor Fitness – Amy Presler
• Indoor Fitness/Programs – Lifetime Fitness
Primary Issues to Consider
• None
Supporting Information
• Agreement for services performed by independent contractor
Financial Impact: $ Budgeted: Y☒ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and
Recreational Opportunities
Report Completed by: Patty Dexter, Recreation Supervisor
Recreation Division Budget
IC-2005 2
PERFORMED BY INDEPENDENT CONTRACTOR
THIS AGREEMENT is made on the 1st day of August, 2016, between the CITY OF LAKEVILLE ("City"), whose
business address is 20195 Holyoke Avenue, Lakeville, MN 55044, and Lifetime Fitness, ("Contractor"), whose
business address is 18425 Dodd Blvd, 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, upon completion of event, 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.
IC-2005 3
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 BY: ________________________________
Lifetime Fitness
Attest: _______________________________
City Clerk
IC-2005 4
Exhibit A
Lifetime Fitness
Diana Smigielski
Sports Department Head
Life Time — The Healthy Way of Life CompanySM
Life Time Fitness Lakeville
18425 Dodd Blvd.
Lakeville, MN 55044
Main 952 985.8800
Direct 952 232.1347
dsmigielski@lifetimefitness.com
www.facebook.com/lifetimelakeville
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.
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 5
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:
□ 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)
IC-2005 2
PERFORMED BY INDEPENDENT CONTRACTOR
THIS AGREEMENT is made on the 1st day of August, 2016, between the CITY OF LAKEVILLE ("City"), whose
business address is 20195 Holyoke Avenue, Lakeville, MN 55044, and Amy R. Presler, ("Contractor"), whose
business address is 16530 Fernando Way W., Rosemount MN 55068.
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, upon completion of event, 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.
IC-2005 3
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 BY: ________________________________
Amy R. Presler
Attest: _______________________________
City Clerk
IC-2005 4
Exhibit A
Lifetime Fitness
Amy R. Presler
16530 Fernando Way W.
Rosemount MN 55068.
651.336.2332
amyhen@ymail.com
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 Amy Presler.
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 5
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:
□ 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)