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HomeMy WebLinkAboutItem 06.hApril 18, 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: Mark Reamer, Adult Softball Umpire Scheduling Coordinator Stacy Spitzack, Science Explorers Primary Issues to Consider • None Supporting Information • Agreements for services performed by independent contractors Gerald 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: AGREEMENT FOR SERVICES PERFORMED BY INDEPENDENT CONTRACTOR THIS AGREEMENT is made on the 18 day of April, 2011, between the CITY OF LAKEVILLE ( "City "), whose business address is 20195 Holyoke Avenue, Lakeville, MN 55044, and Mark Reamer, ( "Contractor "), whose business address is 1125 Pine Street, Farmington, MN 55024. 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. CITY OF LAKEVILLE CONTRACTOR: Mayor BY: � = ° Attest: City Clerk Executed as of the day and year first written above. IC -2005 2 Mark Reamer INSURANCE COMPANY NAME: (NOT the insurance agent) DATES OF COVERAGE: 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. POLICY NO. OR SELF - INSURANCE PERMIT NO.: 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. -OR— /�' - ignature) 'l Contractor: Mark Reamer 1125 Pine Street Farmington, MN 55024 EXHIBIT A Service: Softball Umpire /Flaq Football Coordinator Responsibilities: • To schedule softball umpires and flag football officials for all city sponsored adult softball and flag football leagues for the Lakeville Parks & Recreation Department. • To ensure each umpire is registered through USSSA. • To ensure umpires /officials are trained and competent in their ability to successfully officiate both co- recreational, men's and women's leagues. • To enforce the Official's Expectations and Agreement to all umpires /officials. • To implement appropriate disciplinary actions for violation of Official's Expectations and /or Agreement. • To submit all necessary paperwork to the League Director on a regular basis, including the officiating invoice and coordinator's invoice, plus ensure all umpires /officials have a W9 form filled out and turned into the league director. Invoices are approved by City Council twice a month. Compensation: Softball Umpire /Flag Football Coordinator /Scheduler • $2.00 per game, including regular season and playoffs. Softball Umpire Pay • $23.00 per game for Monday regular season and playoffs. $24.00 per game for Friday regular season and playoffs. $27.00 per game for Wednesday and Thursday regular season and playoffs. Flaq Football Official Pay • $25.00 per game for regular season and playoffs. 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 AGREEMENT FOR SERVICES PERFORMED BY INDEPENDENT CONTRACTOR THIS AGREEMENT is made on the 18 day of April, 2011, between the CITY OF LAKEVILLE ( "City "), whose business address is 20195 Holyoke Avenue, Lakeville, MN 55044, and Stacy Spitzack, Science Explorers ( "Contractor "), whose business address is 620 Mendelssohn Ave. North Suite #161, Golden Valley, MN 55427. 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. Executed as of the day and year first written above. CITY OF LAKEVILLE CONTRACTOR: Mayor BY: Attest: City Clerk IC -2005 2 Science Eafplor rs Stacy Spitzack Exhibit A Science Explorers Stacy Spitzack 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 75% 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 25% of registration /participation fee for each participant that signs up thru Science Explorers. 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 iC -2005 4 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 m 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: ,......57 no no b"Sar em cc C© Acpalftj (NOT the insurance agent) POLICY NO. OR SELF - INSURANCE PERMIT NO.: D 2.3350. 23 DATES OF COVERAGE: '/7J2a1 - 3l7/Z 11 - 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. 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. PROJECT: 3 CCniC E>04p /OYc✓5 045.504._ CERTIFICATE HOLDER & ADDITIONAL INSURED: ADDRESS: ARCH /ENGR: INSURED: SUcM c E /0 ✓cifj`, ant AGENT: �.J LI' r»in 1 P 9 a, WORKERS' COMPENSATION COVERAGE POLICY# 13 26 3 DATE $' / 7 / Zo t) CC INSURANCE COMPANY: V'F LIMITS: General Aggregate Limit (Other Than Products - Completed Operations) Products- Completed Operations Aggregate Limit Personal & Advertising Injury Limit Each Occurrence IC -2005 5 City of Lakeville 20195 Holyoke Avenue West Lakeville, MN. 55044 ADDRESS: 61 0 Merl cl'e% ,h ✓I . Al -*/6 / 6o Her, 1/ U ()in 59Z 7 ADDRESS: 7555 y iex -'4cf' 49' >; f ic/c/44 aft ..f 0 5 .j 4 "/ EFFECTIVE DATE / 7 /Z OEXPIRATION COVERAGE - Workers' Compensation Statutory. Employers' Liability Limit $ /00 Each Accident $ DO POD Disease Policy Limit $ 1o0, 000 ($500,000 Policy limit applies to both accident and disease) GENERAL LIABILITY POLICY # 4 5 -02 / 613 y 9 EFFECTIVE DATE (Y / 1 / ZO10 EXPIRATION DATE S / 7 / zor / INSURANCE COMPANY: Zu Y r CJ► ( )Claims Made t)Occurrence ( )Owner's & Contractors Protective ( ) Other 2,000, 000 2 oat) 000 1, Don, 000 1,0 Disease Employee Limit COVERAGE PROVIDED Operations of Contractor: Operations of Sub - Contractor (Contingent): Does Personal Injury Include Claims Related to Employment: Completed Operations /Products: Contractual Liability (Broad Form): EXCEPTIONS: /AUTOMOBILE LIABILITY PCN_ ICY# Pt 3q u/Z / INSURANCE COMPANY: /Lk /, ii ( Any Auto ()AII Owned Auto: ( )Scheduled Autos alHirod Autos 4Non -Owned Autos LIMITS: Bodily Injury $ Each Person / $ t Each Occurrence OR Combined Single Limit $ Property Damage $ Each Occurrence UMBRELLA EXCESS LIABILITY POLICY # DATE: / / INSURANCE COMPANY AGENT CARRIES ERRORS AND OMISSIONS INSURANCE: Yes Dated at: MN License # f -{ 0050a Authorized Insurance Representative IC -2005 6 Yes / No Government Immunity is Waived: Yes o/ / No Property Damage Liability Includes Damage Due to Blasting: Yes No20 Damage Due to Collapse: Yes V No Damage to Underground Facilities: Yes / No Broad Form Property Damage: EFFECTIVE DATE: S / 7 / 1/ EXPIRATION DATE: EFFECTIVE DATE: / / EXPIRATION LIMITS: Single Limit Bodily Injury and Property Damage $ Each Occurrence $ Aggregate Are any deductibles applicable to bodily injury or property damage on any of the above coverages? Yes No If So, List Amount $ 11-. 2mr � on: VII II I 1 f No By: COVERAGE PROVIDED: Applies in excess of the coverages listed above for Employers' Liability, General Liability, and Automobile Liability' Yes No Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail days notice to the parties to whom this certificate is issued.