HomeMy WebLinkAboutItem 06.e
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IC-2005 2
PERFORMED BY INDEPENDENT CONTRACTOR
THIS AGREEMENT is made on the 17th day of April, 2017, between the CITY OF LAKEVILLE ("City"), whose
business address is 20195 Holyoke Avenue, Lakeville, MN 55044, and Josh Kutzler, Lakeville North Youth Football,
("Contractor"), whose business address is 19016 Ireton Way, 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.
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 3
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:
____________________________________ BY: ________________________________
Mayor Lakeville North Youth Football
Josh Kutzler
Attest: _______________________________
City Clerk
IC-2005 4
EXHIBIT A
Contractor: Mia Jewell
P.O. Box 244
Lakeville Mn 55044
mia.jewell@yahoo.com
612-770-9250
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)
612-963-9537