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HomeMy WebLinkAboutItem 06.kMarch 7, 2011 Proposed Action Overview Instructors • Shane Anderson • Josh Deyo Primary Issues to Consider • None Supporting Information • The agreements are attached. kAscv &uA/ Tom Barnard Lakeville Area Arts Center Coordinator Item No. APPROVAL OF INSTRUCTOR AGREEMENTS AND PERFORMANCE AGREEMENTS FOR THE LAKEVILLE AREA ARTS CENTER Staff recommends adoption of the following motion: Move to recommend approval of instructor agreements and a performing agreement with the following individuals for the Lakeville Area Arts Center. Performers • Schiffelly Puppets performing at 10:30 a.m. and at 1:30 p.m. during Pan - O-Prog on July 7, 2011 Passage of this motion will result in confirming the staff needed to offer classes and programs advertised in the Park and Recreation brochures. The Lakeville Area Arts Center offers classes and activities to the public as advertised in the Lakeville Park and Recreation brochures. Instructors and performers are contracted to teach the classes and activities as needed. Financial Impact: $ Budgeted: Y/N Y Source: Related Documents (CIP, ERP, etc.): 2010 Parks & Recreation and Arts Center Brochure Notes: Instructor - Performance Agreements March 7- 2011(Anderson,Deyo, Schiffelly Puppets).doc AGREEMENT FOR SERVICES PERFORMED BY INDEPENDENT CONTRACTOR THIS AGREEMENT is made on the 22 day of February, 2011, between the CITY OF LAKEVILLE ( "City "), whose business address is 20195 Holyoke Avenue, Lakeville, MN 55044, and Shane Anderson ( "Contractor "), whose business address is 15966 Firtree Drive, Apple Valley, MN 55124. THE CITY AND CONTRACTOR AGREE AS FOLLOWS: rl. 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 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. CITY OF LAKEVILLE Mayor Attest: City Clerk Executed as of the day and year first written above. CONTRACTOR: BY:. SHANE ANDERSON Exhibit A 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 or the Lakeville Area Arts Center Playbill. Compensation for Services. The City agrees to pay the Contractor at the completion of the program course for the designated job assignment at rates negotiated with the Lakeville Arts Center Staff for each production within the limits of the approved City budget. 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 and ticket sales. 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) 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: I am not required to have workers' compensation liability coverage because: PROOF OF WORKERS' COMPENSATION INSURANCE COVERAGE -OR— 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. AGREEMENT FOR SERVICES PERFORMED BY INDEPENDENT CONTRACTOR THIS AGREEMENT is made on the 22 day of February, 2011, between the CITY OF LAKEVILLE ( "City "), whose business address is 20195 Holyoke Avenue, Lakeville, MN 55044, and Josh Deyo ( "Contractor "), whose business address is 14289 Banyan Lane, 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. 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 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. CITY OF LAKEVILLE CONTRACTOR: Mayor BY: Attest: City Clerk Executed as of the day and year first written above. JOSH DEYO Exhibit A 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 or the Lakeville Area Arts Center Playbill. Compensation for Services. The City agrees to pay the Contractor at the completion of the program course for the designated job assignment at rates negotiated with the Lakeville Arts Center Staff for each production within the limits of the approved City budget. 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 and ticket sales. 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) 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: PROOF OF WORKERS' COMPENSATION INSURANCE COVERAGE -OR — am not required to have workers' compensation liability coverage because: 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. (.$ignature) (~ *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 Agreement 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 July 7, 2011 with show times of 10:30am and 1:30pm. *The cost of the shows is $575.00 *Please have all checks made out to Jim Schiffman *Please have all checks made out to Jim Schiffman *Performance fee is payable upon immediate completion of the show. *Performers will arrive 20 - 30 minutes prior to scheduled show time. *Liability Insurance must be carried by the hosting organization. *Schiffelly Puppets agrees that this contract is non - cancellable with the exception of proven detention due to sickness, accidents, acts of God and other emergencies beyond our control *Please sign and return contract Special Instructions The undersigned parties do hereby agree to enter into a Contract as per terms, dates, place set forth herein. e y Puppets, im Schiffman Organization's Representative Visit us on the web at www.schiffellypuppets.com