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HomeMy WebLinkAboutContract 21422142 AGREEMENT FOR SERVICES PERFORMED BY INDEPENDENT CONTRACTOR ~'~- THIS AGREEMENT is made on the lOth_ day of December , 20(~`,~between the CITY OF COLUMBIA HEIGHTS ("City"), whose business address is 590 40t'' Ave. NE, Columbia Heights, MN 55421, and Johnson's Outdoor Services ("Contractor"), whose business address is _5731 170'x' Lane IVW, Ramsey, MN 55303. THE CITY AND CONTRACTOR AGREE AS FOLLOWS: 1. Independent Contractor. The City hereby retains the Contractor as an independent contractor upon the ternzs and conditions set forth. in this Agreement. The Contractor is not an employee of the City and is fi-ee to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Contractor shall furlish airy and all supplies, equipment, and incidentals necessazy for Contractor's performance under this Agreement. City and Contractor al,~ree 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, Luzemployment 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 pal-t of this Agreement The Co~itractor snail, 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 according to Exhibit A. 4. Compensation for Services. The City agrees to pay the Contractor for services as described in Exhibit A. Compensation shall be in accordance with Exhibit B, attached and made a part of this Agreement. 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. 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 agail~st 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 At,~reement, for the purpose of retaking audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this Agreement are closed. 12. General Liability Insurance. The Contractor shall provide the City a Certificate of hnsurance complying with the standard contractor's minimum coverage requirements of $1,000,000. combined single limit naming the City of Columbia Heights as an additional insured. Contractor's liability policy shall be so endorsed with a copy delivered to the City. 13. Data Privacy. The Contractor shall comply with Minnesota Statutes Chapter 13, The Mirulesota Government Data Practices Act. The Contractor shall not disclose non-public information except as authorized by the Act. 1.4. 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. 15. Governing Law. The laws of the State of Minnesota shall control this Agreement. Executed as of the day and year first written above. ~, CITY OF COLUMBIA HEIGHTS CONTRACT R: .__~. _. _.. _ _ 1 .~' ,- ~ ~ ,. Mayon:... '~' ,~ ~ . ,~,~' ~ ~,~,._.~--By: =~ ~ ~ ~ ,~'~f ~, - _~ ~!"` r Citj%Ad,iiiiiisuatvr ' .-. ~_.~ 4 --~-v Attest ~..~.. _ ~` :~~,_ >_ , ~ .1~r- ~Ci lei City of Columbia Heights Snow Removal Program Exhibit A Description of Work Contractor will perform the following: (a) Contractor shall thoroughly familiarize themselves with City ordinances dealing with snow removal. (b) Contractor shall, within two business days, remove all hazardous conditions caused by snow/ice accumulation as instructed by property maintenance inspectors. Removal of snow/ice hazards include the removal of all snow and ice from paths, sidewalks, steps, and driveways as directed subject to weather conditions. ~~ s~~wd #~: ~~Et~n'tblt~ Fieigltfs ~iffe Fr : J~t~ras~mt°s c~e~fd~smr ~rrrfc~s ~ Atfention: Jahn parkin ~ Date: 11-12-08 ~ Fax Evurrzber: 76~-7UG-3651 Phone Number. {7b3) 757-1797 _, ~-~ "F .v.: . .., ....r .~ ,.. r. ..-. ~ 1 Toth! ptac~es, including cover: 1 Cmrvt~erafs- Attu; Jahn E.arkin ur Gary Proposal for snow Removal 2C~8-ZC>C39 Season Manual Lcsbor -Shovel or Snow Pup $45.(~ Per I-lour Truck - W/Plow - $bt?_Clfl Per Nour Skid IQCtder - tN/Snow Bucket $70.OC- Per Haur Services Listed Above Have A Minimum of One hour. Time Over The Initial Haur Will lie Billed At Quarter Hour lncremenfs. Thpnks, Chad Tip ~C1kY.-t ~nnrT 1 r~~~ C hp~tChll-.lrtl' 3CCta,' C! C'Q! 1 C _?'T rti,tta~ J7T !TT 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. f i~ f +7 ~t e INSURANCE COMPANY NAME: (NOT the insurance agent) POLICY NO. ORSELF-INSURANCE PERMIT NO.: ~ '°` }~' °' ~ r ~" res. DATES OF COVERAGE: + ~ ~ ~ "- ( -OR- I am not required to have workers' compensation liability coverage because: o 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, ANA I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE AND CORRECT. ` fr ~` Co ractor (Signa `re) ` ~ v ..y Y f ~ ® II n @ ndard!~ o rr Ce ~pensatsoi and En foyers' Liabil'4 Pe y ~n~rt drrairti~~r~~r: ~° ~€~. ~ ~P Carrier ode: 39579 - t, ,;- 9 ( irtrt~~ 5549®G1 1-r. ~-;~7~®7t~ Ill: .o ° 8[ CIS ert~a~ ~f Pdc~. t~r:~ PoPioy i~f~rrtPaor: ~iP~Ar-0000016914-~ ~es~aatie~r~ E6E~ ~ser~~~r: 3223068 1. - °Th~ ~nsr.~r~d CP~ad Joha~rso~ ~ Tam :~: 412020361 DBA: Johnson's C3utdoor Services ~liC#: Exempt 5011 179th Ln t~Vtt Ca#~ o~ aiPir~g: 03f26i2008 Ramsey, MPS 55303 Seo ohed~cl~ Minimum Preen€um: X503 Agency Game and Address DATE: 312612CDr3H Manual Premium _ Pncreased Employer Liability Limits Standard Premium Minimum Premium ~d}ustment Ad;usted Standard Premium Fareign Terrorism Surcharge Estimated Annual Premium Expense constant Special Compensation Pund Surcha Po4icy Tota! 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