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Item 06.e
February 7, 2011 Proposed Action Staff recommends adoption of the following motion: Move to approve instructor agreements for the Recreation Department. Overview The City of Lakeville's Recreation Department offers classes and activities to the public. Staff has secured agreements and recommends approval of contracts with the following instructors for recreation programs: Jeff Wood, Cheer America Rhea Kontos, Nordic Walk This Way Primary Issues to Consider • None Supporting Information • Agreements for services performed by independent contractors Ge ald S. Michaud Parks & Recreation Director APPROVAL OF INSTRUCTOR AGREEMENTS FOR THE RECREATION DEPARTMENT Item No. Financial Impact: Budgeted: Y Source: Recreation division budget Related Documents (CIP, ERP, etc.): Notes: Q: Jell vvacc rage J Q7 C AGREEMENT FOR SERVICES PERFORMED BY INDEPENDENT CONTRACTOR THIS AGREEMENT is made on the 7 day of February, 2011, between the CITY OF LAKEVILLE ('City "), whose business address is 20195 Holyoke Avenue, Lakeville, MN 55044, and Jeff Wood. Cheer America ( "Contractor "), whose business address is 161 68 Hudson Avenue. 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 fumish 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 Contractors 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. Assignment. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. IC -2005 GUI I ^V I' I I 103. ; 1.: (UNI I) IQ IL4C" -'U1./O rrQm' JU11C 'vrlr,SCen$en Jeff Vru Page 4 of 3 2011 -01 -11 16:07:12 ( fv1T) 15122841005 Fiv n: Julie Christensen 9. Indemnification. Contractor agrees to defend, indemnify and hold the City, its officer's, 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 ornissions) of the Contractor, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against ail Tosses by reason of the failure of said Contractor fully to perform, in any respect, all obligations under this Agreement. 10. Workers Com pensatio n 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, tor 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. Ovitner_,,,rsliip of Documents. Ali 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. Gomning Law. This Agreement shall be oontrolled by the lav'rs of the State of Minnesota. CITY OF LAKEVILLE Mayor BY: Attest: City Clerk Executed as of the day and year first written above, CONTRACTOR: Cheer America Jeff Wood Exhibit A Cheer America Jeff Wood 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 Cheer America. 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 I V. vcI, rvx+u I CAW.; v w v LV 11'1/ I - t IVA. \VIVl 1) IV I LiI/t 1 VVJ I IVI II. JVIIG ..1(IIIJI.Gi MCI 1 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 , f it is not provided andior 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 `hc insurance coverage requirement for workers' compensation. INSURANCE COMPANY NAME: r ( W c 0 vi4 (NOT the insurance agent) (` CHI s C c f e 14, }s's,, e. +2 s i Poo POLICY NO. OR SELF - INSURANCE PERMIT Na: �^� 4v. — G (9 0 0 0 3 C 9 -- DATES OF COVERAGE: C I (0 0:1 ' 4 -OR— I am not required to have workers' compensation liabi'ity coverage because: I have no employees covered by the yaw. 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. 1C_2O) 4 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR SUER POLICY NUMBER (MM /DD //YYYY) (MM DD /YYYY) INSR WVD LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR INSURER(S) AFFORDING COVERAGE NAIC # WRD180035/AP13219900 12/03/11 12/03/11 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 CLAIMS -MADE X MED EXP (Any one person) $ 5,000 X Inc/ Ath Participants PERSONAL &ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY PRO- JECT LOC $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS WRD180035 12/03/11 12/03/11 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ X X $ $ A UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE XSD0100066 12/03/11 12/03/11 EACH OCCURRENCE $ 1,000,000 X AGGREGATE $ 1,000,000 DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Y / N N / A WC STATU OTH- TORY LIMITS FR E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ below E.L. DISEASE - POLICY LIMIT $ B Accident PAIV00255331001 12/03/11 12/03/11 Max Med. per Claim 10,000 Deductible 1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Proof of insurance. r 1 ® A� n► CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 12/03/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1- 800- 955-8700 Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. 15 Enterprise, Ste 200 Aliso Viejo, CA 92656 Steve Surber CONTACT Arthur J. Gallagher & Co. NAME: PHO N E .Ext): ( 349 - 9800 INC,No): 349 -9967 E - MAIL ADDRESS: PRODUCER CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Cheer America; Young Americans Schools of Self- Defense 16168 Hudson Avenue Lakeville, MN 55044 INSURERA: RIVERPORT INS CO 36684 INSURERB: STARNET INS CO 40045 INSURERC: INSURER D : INSURER E : INSURER F : CERTIFICATE HOLDER thanguy ACORD 25 (2009/09) 18576428 NUMBER: 18576428 CANCELLATION REVISION NUMBER: Dan Brettschreider City of Lakeville 20195 Holyoke Ave. Lakeville, MN 55044 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD , 11911 V v.MJ4! r4,b,c • PROJECT: -e_ u4.4.—e 0 r\-tv c‘A/ cc) 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, CERTIFICATE HOLDER & ADDITIONAL INSURED: ADDRESS: ARCH/ENGR;_____ INSURED: ADDRESS: City of Lakeville 20195 Holyoke Avenue West Lakeville, MN. 55044 AGENT: ADDRESS: CELEFtAL LI ABILI TY (c. .� LIMITS: General Aggregate Limit (Other Than Products - Completed Operations) Products- Completed Operations Aggregate Limit Personal & Advertising Injury Limit Each Occurrence 1s - 2oJ5 5 WORKE CO MPENSATION COVIER POLICY # f Lif -/2 C O 0 0 0 t-3 FECAIVE DATE( / ! ( k' EXPIRATION DATE CL, ; _ INSURANCE COMPANY: ...."-ii`'t�Sc-\ " (e '` N'44 Al ("S. - COVERAGE - Worker Compensation. Statutory, Employers' Liability Limit $_ Each Accident $ Disease Policy Limit $ Disease Employee Limit ($500,0000 Policy limit applies to both accident and disease) POLICY # EFFECTIVE DATE EXPIRATION DATE i INSURANCE COMPANY: ( )Claims Made ( )Occurrence ( )Owner's & Contractors Protective ( ) Other To: Jett vA:xoa rage n o* 0 COVERAGE PROVIDED Operations of Contractor: Operations of Sub- Contractor (Contingent): Does Personal lnJury Include Claims Related to Employment: Completed Operations /Products: Contractual Liability (Bread Form): EXCEPTIONS: POLICY # INSURANCE COMPANY: ( )Any Auto ( )API Owned Autos ()Soheduled Autos ( ;Hired Autos ( )Non -Owned Autos LIMITS: Bodily Injury $ Each Person / $ $! Property Damage $_ Each Occurrence UMBRELLA EXCES LIABILITY POLICY # DATE: / INSURANCE COMPANY LIMITS: Single Limit Bodily Injury and Property Damage Each Occurrence $ Lu l - I 7 b:ul'IC (L Vi 1 i AGENT CARRIES ERRORS AND OMISSIONS INSURANCE: Yes 1C' -2:)) 5 1.riz.co'+ iuuo rrom: June vrtnstenser ( Q Yes _, No Government immunty is Waved. Yes Yes __ No Property Damage Liability Includes Yes No Damage Due to Blasting: Yes No Damage Due to Collapse: Yes No Yes No Damage to Underground Facilities: Yes ___ No___ Yes No___ Broad Form Property Damage: Yes -- No_ _ AUTOMOBILE LIABILITY S -P A 4-cLe c EFFECTIVE DATE: / / EXPIRATION DATE: EFFECTIVE DATE: Each Occurrence OR Combined Single Limit A-9 cy( v-t )117(1 L. Aggregate EXPIRATION COVERAGE PROVIDED: Applies in excess of the coverages listed above for Employers' Liability, General Liability, and Automobile Liability: Yes_ Are any deductibles applicable to bodily injury or property damage on any of the above coverages? Yes No If So, List Amount S No Should any of the above described policies be cancelled before Vie expration date thereof, the issuing company will mail days notice to the parties to whom this certificate is issued. Dated at: _ On: _ By: MN License # '?•�:'_.ilv_;.zed In°urance Repreueritative AGREEMENT FOR SERVICES PERFORMED BY INDEPENDENT CONTRACTOR THIS AGREEMENT is made on the 7 day of February, 2011, between the CITY OF LAKEVILLE ( "City "), whose business address is 20195 Holyoke Avenue, Lakeville, MN 55044, and Rhea Kontos, Nordic Walk This Way ( "Contractor "), whose business address is 5875 Meadowlark Lane, Prior Lake, MN 55372. 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 1 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. Attest: City Clerk Executed as of the day and year first written above. CITY OF LAKEVILLE CONTRACTOR: Mayor BY: Nordic Walk This Way Rhea Kontos Exhibit A Nordic Walk This Way Rhea Kontos 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 an agreed upon dollar amount per registered participant for each program the contractor instructs. 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 an agreed upon percentage of registration /participation fee for each participant that signs up thru Nordic Walk This Way. 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 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. PROOF OF WORKERS' COMPENSATION INSURANCE COVERAGE 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) rTh