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HomeMy WebLinkAboutItem 06.kDecember 6, 2010 Overview REQUEST APPROVAL OF PERFORMANCE AND INSTRUCTOR AGREEMENTS FOR THE LAKEVILLE AREA ARTS CENTER Proposed Action Staff recommends adoption of the following motion: Move to approve performance and instructor agreements for the Lakeville Area Arts Center. The Lakeville Area Arts Center offers a variety of stage entertainment as advertised in the 2010 -2011 Lakeville Area Arts Center Playbill. Staff has secured agreements and recommends approval of the following contracts for performances: • Schiffelly Puppets performing December 21, 2010 • Nirmala Rajasekar performing May 15, 2011 Item No. The Lakeville Area Arts Center offers classes and activities to the public as advertised in the 2010 /2011 Winte /Spring Lakeville Parks & Recreation and Arts Center brochure. Staff has secured agreements and recommends approval of contracts with the following instructors: • Jim Boles • Rick Brown Primary Issues to Consider • None Supporting Information • Agreements for services performed by independent contractors 0422 44.(Y f Tom Barnard Lakeville Area Arts Center Coordinator Financial Impact: $ Budgeted: Y/N Y Source: Related Documents (CIP, ERP, etc.): Playbill and Parks & Recreation Brochure Notes: Jim Schiffman Entertainment 8680 135th Street West Apple Volley, MN 55124 952/431 -0741 schiffellypuppets@frontiernet .net www.Schiffellypuppets.com Hi! Thank you for choosing Schiffelly Puppets for your special event. Enclosed, please find your performance agreement. Please sign it and return it to the above address. Please have all checks /payments made out to JIM SCHIFFMAN. If you need publicity information or require the use of a logo or photo, please check out our web site at: www.Schiffellypuppets.com If you have any questions or concerns regarding your performance, please contact me by phone or e-mail. I will contact you a week before your performance and reconfirm your performance date and get directions to your location. Thank you again for choosing Schiffelly Puppets! *Please have all checks made out to Jim Schiffman* Jim Schiffman Entertainment 8680 135th Street West Apple Valley, MN 55124 952/431 -0741 schiffellypuppet@frontiernet .net www.schiffellypuppets.com Performance Invoice Organization: Lakeville Area Art Center Address: PO Box 835 City /State /Zip: Lakeville, MN 55044 Telephone: 985 -4600 Contact Person: Tom or Karla The Schiffelly Puppets will perform on December 21, 2010 with a show time of 10:30am. *The cost of the show is $350.00 *Please have all checks made out to Jim Schiffman Visit us on the web at www.schiffellypuppets.com 11/16/2614 ..1:27 75955953 Agreement between the City of Lakeville and Nirmaja Raiasekpr, Nirmala Rajasekar will perform a concert beginning at 2:00 p.m. on Sunday, May 15, 2011, at the Lakeville Area Arts Center, 20965 Holyoke Avenue. Both Nirmala Rajasekar and the Lakeville Area Arts Center staff will work to promote the show. Nirmala Rajasekar will use her data base of contacts and fans to stake the concert known. The Lakeville Area Arts Center will promote the concert in its 2010 -2011 playbill, media releases. marquee, newsletters, and using other available resources. The Lakeville Area Arts Center will print and sell tickets through its box office and ticket outlets. By signing at the bottom of this letter of agreement, Lakeville Area Arts Center agrees to the following conditions: 1) Performance Space Stage will be clear of furniture, props, scenery, etc. There will be general stage lighting, the sound booth and the piano will be available. 2) Liability Insurance The City of Lakeville carries the standard liability insurance for audiences, staff, and the building of the Lakeville Area Arts Center. 3) Payment Nirmala Rajasekar's appearance is sponsored by the McKnight Artist Fellowship administered by the MaePhail Center for Music. There will be no cost to Lakeville for her performance. A percussionist will also perform in the performance and will be paid $250.00. In the event of bad weather making travel to a performance unsafe, the decision to cancel shall be made by the Lakeville Area Arts Center Coordinator and RolfErdahl, Coffee Concert coordinator. Rescheduling of the concert will depend on availability of the performance space and Nirmala Rajasekar. I hereby agree to 411 conditions and terms described above: As an authorized representative of the City of Lakeville, 1 hereby agree to all conditions and terms described above; Lakeville Mayor THE UPS STORE 3300 PAGE 02/02 Date City Clerk Date CAUsers■RaMppaglatocadWicnzoiMinclowskTemporary Internet filest owCCnntant. lE5\ GYPM$KY3Winnata_RsJasedarratiot AGREEMENT FOR SERVICES PERFORMED BY INDEPENDENT CONTRACTOR THIS AGREEMENT is made on the 15' day of November, 2010, between the CITY OF LAKEVILLE ( "City "), whose business address is 20195 Holyoke Avenue, Lakeville, MN 55044, and Jim Boles ( "Contractor "), whose business address is 4640 139' St W, Savage, MN 55378 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. 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. 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 attomey'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 bsses 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 b 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 Prlvacv. The Contractor shalt 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 pert 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 Attest: City Clerk T0'd OLStTBSES5 HOSaN3c SS:TT 6TOE- 7.0 -73a Exhibit A JIM BOLES 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 $27.50 per student plus a $20.00 materials fee per student at the completion of the program course. 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 registrations. 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) ?O'd 13101 •a 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 artha 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. Thls 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 andiar is falsely reported. Furthermore, if this information is not provided andior 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 I am not required to have workers' compensation liability coverage because: I have no employees covered by the law. Other (specify): PROOF OF WORKERS' COMPENSATION INSURANCE COVERAGE 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. ZO'd OLSPT99ZS6 NOSdH3d 9S:TT OTO3 -?0 -034 Novv.29.2010 02:29 PM Rick Brown 5513 €08779 PAGE. 1/ 4 AGREEMENT FOR SERVICES PERFORMED BY INDEPENDENT CONTRACTOR THIS AGREEMENT is made on the 19 day of November, 2010, between the CITY OF LAKEVILLE ( "City "), whose business address is 20195 Holyoke Avenue, Lakeville, MN 55044, and Art by RivefMan Inc. ("Contractors% whose business address is 1558 Wexford Court. Eanan, MN 55122, THE CITY AND CONTRACTOR AGREE AS FOLLOWS: 1. irat,ndet11_Contraotnr. 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 entitles as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. 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 Servloes. 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, conforrn 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 Exhthlt 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 atter the program starts or completed, compensation to the contractor will be adjusted. 5 Method of Pavement 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 Contractors receipt of notice of termination. 7. gocontrgetor. 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. Asaio meet. Neither party shall assign this Agreement, or any Interest arising herein, without the written consent of the other party. Nov.2.9.2010 02:29 PM Ri2k Brown 6513408779 PACE. 2% 4 0. j demnffication. Contractor agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, ousts, 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 thls Agreement. 10. Workers Gomnenaa tan 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. pate Prlvacv. The Contractor shall comply with Minnesota Statutes Chapter 13, The Minnesota Government Data Practices Act. The Contractor shall not disclose nonpublic information except as authorized by the Act. 13. Ownership 01 Dpcumente 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. CONTRACTOR: Y" N c:CQrw * 1 _ J'y 4 vv 4l, CITY OF LAKEVILLE Mayor Attest: City Clerk Nov..29.2010 02:30 PM Rick Brown PROOF OF WORKERS' COMPENSATION INSURANCE COVERAGE .6513406779 PACE. 4/ 4 4 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 et 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 tor the doing of any public work may not be entered into it it is not provided and/or Is falsely reported. Furthermore, B 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 Corpoensatlon Fund. Provide the information specified above in the spaces provided, or certify the precise mason 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: >14 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. Signature) oo& n e,C Aar Lay g /e/e/', 1'/ Nov.29.2010 02:29 ?M Ric Brown Exhibit A RICK BROWN 6513438779 PAGE. 3/ 4 cpntrtctor'®_Seniics4. 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 $48.00 per student, with a minimum of ten students, at the completion of the program course. in m_}i.,m/Uilaxlntym. The City agrees to honor the minimum /maxlmum enrollment number as requested by contractor. Preef of Prooraln Course Descrintlon. The Contractor agrees to proof and ultimately approve the final program description by city established deadline dates. Regis trellon The city will process all program registrations. Time Frame al Exhibit A. The Exhibit A shall continue in effect until and unless amended or terminated by either party (see #6 of contract)