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HomeMy WebLinkAboutItem 06.gApril 18, 2011 Overview APPROVAL OF INSTRUCTOR AGREEMENTS AND PERFORMANCE AGREEMENTS FOR THE LAKEVILLE AREA ARTS CENTER Proposed Action 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. Instructors • Lisa Swelland • Mark Tietz Item No. Performers • Monroe Crossing performing a concert on Saturday, December 3, 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. Primary Issues to Consider • None Supporting Information • The agreements are attached. I Tom Barnard Lakeville Area Arts Center Coordinator Financial Impact: $ Budgeted: Y/N Y Source: Related Documents (CIP, ERP, etc.): 2010 Parks & Recreation and Arts Center Brochure Notes: AGREEMENT FOR SERVICES PERFORMED BY INDEPENDENT CONTRACTOR THIS AGREEMENT is made on the 5 day of January, 2010, between the CITY OF LAKEVILLE ( "City "), whose business address is 20195 Holyoke Avenue, Lakeville, MN 55044, and Lisa Swelland ( "Contractor "), whose business address is 24940 W. Cedar Lake Drive, New Prague, MN 56071. 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 Attest: City Clerk Executed as of the day and year first written above. Compensation for Services. The City agrees to pay the Contractor from the Expressions! staff schedule at the completion of the final production. Contractor's Services. The Contractor agrees to provide services as assigned for Expressions play production on the schedule posted in the Lakeville Area Arts Center Playbill. Director $300.00 Set Designer $150.00 Stage Manager $100.00 Costumer $100.00 Lighting Coordinator $150.00 Exhibit A Lisa Swelland Proof of Program Course Description. The Contractor agrees to proof and ultimately approve the final program description by city established deadline dates. 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.) 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 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— 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. y either party (see #6 of contract) NK (Signature) / AGREEMENT FOR SERVICES PERFORMED BY INDEPENDENT CONTRACTOR THIS AGREEMENT is made on the 5 day of January, 2010, between the CITY OF LAKEVILLE ( "City "), whose business address is 20195 Holyoke Avenue, Lakeville, MN 55044, and Mark Tietz ( "Contractor "), whose business address is 603 Lyndale Ave. N., New Prague, MN 56071. 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 Attest: City Clerk Executed as of the day and year first written above. Director $300.00 Set Designer $150.00 Stage Manager $100.00 Costumer $100.00 Lighting Coordinator $150.00 Exhibit A Mark Tietz Contractor's Services. The Contractor agrees to provide services as assigned for Expressions play production on the schedule posted in the Lakeville Area Arts Center Playbill. Compensation for Services. The City agrees to pay the Contractor from the Expressions! staff schedule at the completion of the final production. Proof of Program Course Description. The Contractor agrees to proof and ultimately approve the final program description by city established deadline dates. 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.) 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 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 — am not required to have workers' compensation liability coverage because: `X; 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. y either party (see #6 of contract) ryr\),1 Si nature � 9 ) It is hereby agreed that: It is further agreed that: Agent(s) for Promoter Lakeville Area Arts Center M ON RO CROSSING Performance Agreement , 2011 Agent for Artist , 2011 Art Blackburn Monroe Crossing ART BLACKBURN 17625 ARGON ST NW RAMSEY MN 55303 763-213-1349 WFO CT MONROECROSSING.COM WWW.MONROECROSSING.COM Monroe Crossing (herein known as "Artist "), will appear in concert at /for the Lakeville Area Arts Center (herein known as "Promoter "), located at 20965 Holyoke Avenue in Lakeville MN, on Saturday, December 3' 2011, for two (2) 45 -50 minutes sets, with intermission, starting at 7:30 p.m. We, the undersigned, as authorized Agents for Promoter and Artist, agree to all o itions and terms of this Performance Agreement. 1) Promoter will pay Artist immediately upon conclusion of performance(s) the Performance Fee of $3000.00, plus SEE BELOW* 2) Artist must receive signed Performance Agreement no later than May 1s`, 2011 to validate Agreement. 3) Promoter X_ Artist will provide sound system and sound tech (see Is w v . monroecrossing .com /techinfo.html). 4) Promoter will provide stage area (12x16 ft minimum) with adequate lighting and power source (see w wwti. monroecrossing .coin /techinfo.html Artist will be permitted to display and sell recordings and related band merchandise. 5) Promoter will will not _X_ provide 4 motel rooms for one (1) _ night(s). (see attached rider, if applicable). 6) Promoter will provide Artist with directions, and on -site parking by stage entrance. 7) Promoter will provide Artist with access to stage a minimum of 120 minutes prior to first performance. 8) Promoter will, at Artist's request, provide up to 10 complimentary event passes. 9) Promoter will provide 10 bottles of water on stage prior to EACH scheduled performance (set). 10) Promoter will provide secure Green Room. 11) Promoter will provide backstage deli tray (assorted veggies, fruits, nuts, meats, cheeses and breads /crackers w /dip, condiments). 12) Promoter will promote and publicize event locally and regionally, to include postering, newspaper ads, press releases & PSAs. 13) Artist will, in a timely manner, provide adequate publicity materials as requested by Promoter. 14) Any and all Audio or Video recording by parties other than the Artist, or representative(s) of Artist, is strictly prohibited without the express written permission of Artist 15) Performance Agreement is binding on all parties, rain or shine. 16) Should Promoter wish to reschedule the performance date(s), Artist will make every effort to accommodate Promoter. 17) Should Promoter, in the absence of a mutually agreed upon rescheduled performance date, cancel this Performance Agreement at any time, Promoter shall immediately pay Artist full amount of Performance Fee as described above, plus 5% interest from date of cancellation, plus reasonable attorney's fees necessary for the enforcement of the contract. 18) Artist will guarantee timely appearance of all band members or suitable replacements as deemed appropriate by Artist. 19) Artist is not liable or responsible for failure to appear due to documented illness or accident, schedule delay of public conveyance, vehicular failure, storms, floods or other acts of man or nature deemed beyond Artist's control. Promoter shall pay to Artist immediately upon conclusion of final set the guarantee of $3000.00. Additionally, check payable to Monroe Crossing for 50% of all GROSS door proceeds (ticket sales) in excess of $3000.00 shall be mailed to Artist within a week of the Performance Date. �.Z�,2011