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HomeMy WebLinkAboutItem 06.k Date: Item No. AGREEMENT FOR MOWING URBAN RESIDENTIAL PROPERTIES Proposed Action Staff recommends adoption of the following motion: Move to approve an agreement with Jeff Reisinger Lawn Service, Inc. for mowing urban residential properties. Overview Section 4-1-3 of the City Code provides that weeds or grass in excess of eight inches in length that is on, or abuts, a lot that has a building constructed on it is a public nuisance and is prohibited. After giving the owner or occupant seven days advance written notice of the non- compliance, the City may have the grass or weeds cut and assess the cost against the property. Jeff Reisinger Lawn Service, Inc. responded to the Planning Department’s request for performing this service with a quote of $80/hour, per property (with a one hour minimum). This is an increase of $5/hour over last year’s quote. The cost of this service is passed on to the property owner and thus has no impact on the City’s budget. Primary Issues to Consider None Supporting Information • Agreement for Mowing Urban Residential Properties • 2019 Mowing Urban Residential Properties Proposal from Jeff Reisinger Lawn Service, Inc. Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Daryl Morey, Planning Director May 6, 2019 181997v3 1 AGREEMENT FOR MOWING URBAN RESIDENTIAL PROPERTIES THIS AGREEMENT made this 6th day of May, 2019, by and between Jeff Reisinger Lawn Service, Inc., a Minnesota corporation, hereinafter called the "Contractor" and the City of Lakeville, hereinafter called the “City”. Witnessed, that the Contractor and the City for the considerations stated herein mutually agree as follows: ARTICLE I. Statement of Work - The Contractor shall furnish all supervision, labor, materials, machinery, tools, equipment and services, and perform and complete all work required for mowing urban residential properties in an efficient and workmanlike manner all in strict accordance with the contract documents. ARTICLE II. The Contract Price - The City will pay the Contractor for performance of the Contract, in current funds, as provided in the Quote Proposal Form. ARTICLE III. Contract – The following documents shall be referred to as the "Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Request for Proposals. C. Quote. D. Insurance Certificate. In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts, with Contract Document "A” having the first priority and Contract Document "D" having the last priority. ARTICLE IV. Term – The term of this Agreement shall be from the date hereof until December 31, 2019, and shall renew annually, unless first terminated in accordance with this Agreement. ARTICLE V. Insurance - Contractor shall secure and maintain such insurance as will protect Contractor from claims under the Worker's Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $1,000,000 each occurrence/aggregate Automobile Liability $1,000,000 combined single limit The City shall be named as an additional insured on a primary and noncontributory basis on the general liability policy by endorsement. 181997v3 2 Before commencing work the Contractor shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. ARTICLE VI. Compliance with Laws and Regulations – In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. ARTICLE VII. Standard of Care – Contractor shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional contractor under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. ARTICLE VIII. Indemnification – The Contractor shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the work or services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. ARTICLE IX. 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. ARTICLE X. Subcontractors – Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Contractor shall comply with Minnesota Statute § 471.425. Contractor must pay subcontractors for all undisputed services provided by subcontractor within ten days of Contractor’s receipt of payment from City. Contractor must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. ARTICLE XI. Assignment – Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 181997v3 3 ARTICLE XII. Waiver – Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. ARTICLE XIII. Entire Agreement – The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. ARTICLE XIV. Controlling Law – This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. ARTICLE XV. Records – The Contractor shall maintain complete and accurate records of time and expense involved in the performance of services. AR TICLE XVI. Minnesota Government Data Practices Act – Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. ARTICLE XVII. Termination of Agreement – The City may terminate this Agreement (or any part thereof), at any time, upon written notice to the Contractor, effective upon delivery (including delivery by facsimile or electronic mail). In such event, Contractor will be entitled to compensation for work performed up to the date of termination based upon the payment terms of this Agreement. 181997v3 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in original copy on the day and year first above written. CONTRACTOR: JEFF REISINGER LAWN SERVICE, INC. BY: Jeff Reisinger Its: CITY OF LAKEVILLE BY: Douglas P. Anderson, Mayor AND: Charlene Friedges, City Clerk City of Lakeville 20195 Holyoke Ave. Lakeville, MN 55044 Date: April 4, 2019 2019 Mowing Urban Residential Properties Proposal Qty Description Price Mowing Urban Residential Properties which are in violation of the City weeds/grass ordinance $80.00 per hour, per property, 1 hour minimum My signature below indicates my agreement with the methods and costs contained in this proposal and my desire to hire Jeff Reisinger Lawn Service, Inc. to complete the above stated work. Accepted by:_________________________________________ Date:_______________________________ Thank you, Jeff Reisinger