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HomeMy WebLinkAboutContract 2196~r9~ AGREEMENT FOR SERVICES PERFORMED BY INDEPENDENT CONTRACTOR THIS AGREEMENT is made on the 27th day of Aril , 2009, between the CITY OF COLIIMBIA HEIGHTS ("City"), whose business address is 590 40"' Ave. NE, Columbia Heights, MN 55421, and Passau Landcare ("Contractor"), whose business address is P.O. Box 120910 New Brighton, MN 55112 THE CITY AND CONTRACTOR AGREE AS FOLLOWS: I. Independent Contractor. The City hereby retains the Contractor as an independent contractor upon. the teens 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 perforn 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 attonley'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, acid 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. General Liability Insurance. The Contractor shall provide the City a Certificate of Insurance 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 Minnesota Government Data Practices Act. The Contractor shall not disclose non-public information. except as authorized by the Act. 14. 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. 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. ri INSURANCE COMPANY NAME: -~~~ ~~'( / ~~~; ~,; ~,~~ / ~'/ F (NOT the insurance agent) r POLICY NO. O - NO.: 4~`~ j `~~'~~~ 11, DATES OF COVERAGE: j 1 f j ,d , ~ f® {~,.~-'` - f ~ /'/ f,r' ~ ~: -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, P~NI~ I CE~TIFY THAT THE INFORMATION PROVIDED IS TRUE AND CORRECT. ,- 1= I~ 0 (Sign City of Columbia Heights Tall Grass and Weed Removal Program Exhibit A Description of Work Contractor will perform the following: (a) Contractor shall thoroughly familiarize themselves with City ordinances and State laws dealing with noxious weeds and long grass. (b) Contractor shall, within two business days, cut or remove weeds and long grass as instructed by the City Weed Inspector or his representative. Removal of weeds and long grass includes trimming along all fences, walls and structures, trimming around all trees and permanent objects, and the mulching or removal of all clippings. EXHIBIT B 1r P.O. Box 120910, New Brighton, Minnesota 55112 Ph: 651-303-6083, E-Mail: tjschmalzCa'aol.com Q . ,~., ,., -, _ v Lawn Maintenance Services $50/hour Prices do not include D4iimesota Sales 'l'ax Passau, Inc. is fully insured by the General (~asualty Insurance Lo. e Passau, Inc. is responsible for anp damage occurred during or because of property maisitcnance, within a 48 hour notification Tl.~a~~kyo~r fog yolrr cotz.ri~lercrtio~~: -Tony Sehmalzbauer Date: 4-15-09 Passau, Inc. 1lpproval.• Date: City of Columbia Heights OP ID DATE {&RMIDD;YY'fYy - svNBU-~ Q4I27/Qg PRODUCER THIS CERTIFICATE IS ISSUED AS A TTER OF i~IFOR TION P4CNama~'a Compa2ly' ONLY AND CONFERS NO RIGHTS UEsON THE CERTIFICATE www.mC~ racampaay. ~O HOLDER. THIS CERTIFICATE DOES NOT END, EXTEND OR 133Q Last }Iighway ~6 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St Paul 5511Q PY;lotie: 552-426-QSQ7 E'a.x:552-426-579Q Passau Inc. 49 131:Ia Ave~aue SW New B~ightorl 55112 INSURERS AFFORDING COVERAGE ~ NAIC INSUF ER A: General Casual6y Ynsuranca Ca. I INSUFEF 3: INSUFER C I INEUF.EF D' ~ WSLIFER E COVERAGES THE PCLtC IE_ OF Ih;SURAtdCE LISTED BEL JT- H,vVE BEEN= ISSUED TO THE INSUF'EC N;,MED <<BC~VE R_ R THE PCLIC Y F'ERIOC INDICRTEG NCN"fTl;ST~N:gRG ANY REC3L'-IREFAENi TERM OF' CC!NDITI?N ?F AN' COtdTRr,CT OF O-HER C'OCUFr'ENT ~!• ETh RESFECTT? V'!HICH THIS CERTIF.-;P'E'AR BE C_SL'EC OF faA` PERT?JC, THE !NS JR-iNCE-,FF ORDED B C T1E ?O_IC TES DESC RIBEC HERE'N IS SJB IECT TQ ALL THE TERh1S, Ek ?LUST-~JNS. AidD JO'tD17I0'~ JF SL. JH POLICIES AC GFEG~iTE LPdITS £HC~~M~. Mi-'Y HAS E EEE"d F'EC JC=D BY PP'.D CLI-JMS LTR PdSR TYPE OF INSURRNCE POLICY P~IUk16ER DATE (MP:91DDfYYj DATE~(MMdDDII^t) LIRttTS GENERALLIABILB'C`f E,Ck!OCCURFEN,JE $ 1QOQQQQ ~ ~i ~ COtv'MERCAL vE"dEFtAI Ur;B:_IT P INC3 / Q~! Q~.~Q~ ~.1`Q~.~Q~ . PPE&"ISES i~Ea ocrurertcey $ ~.QQQQQ _ CLaIF?S FAAL?E ~ OCC~ 1R MED ,C,G (A7y orrF persu~} $ SQQQ '',. PERS~?N-><L 3FDV~ iN._41F f '', $ 1QQQQQQ GENERA_fi>GRE_=ATE $ ZQQQQQQ E13`LA63REGrTELIh?IT~PLIES~EF. ' PF'OC'ULTS-C?M~ICPi-.GG ' $ ~QQQQQQ P- 0- F JL . Y JECT LGC AUTOMOBILE LIABILITY COMBINED SiP~LEL V+I- $ 2QQQQQQ .Ty, ~P'VYAUTO P ING 04 /Q1/Q9 12/QI/Q9 {Eaa:cident; P._L ?V..NE? P,.JT.?S BODD Y NJJR' ,, X S~HEG~:ILED;-.UT?S _ $ {FarCetYon; ~ h RED,-.UT?S BODf Y NJUR` x i P ON-Oti'm1ED ~O: _ $ (Par ~cc ~erti PBOFEF;Y DA~AA~,E j i (Far _cc.dec!i i $ GARAGE LIABILTTI' A1_rfC OtiLY - EAACC'DENT $ PNY AUTO OTHER'-~-IA°~! EA ACC $ A~ ITC OILY ~;G,? $ EXCESSlUMBRELLALUtBiLITY Er.GhO'_Cl'~RFEN=?E '.. $ C~C~ ~ ~LaIMSYtACE AGGFECKTE I $ C EC'_K'IBLE ''..... $ F'ETENTiOhi $ ', $ WORKERS COMPENSATION AND '', `~+ TOF t L`Mf IS ~ E4~ '. ~ EMPLOYERS'LIABILRY PENDING; Q4/Q1/QJ > 11~Q1/ (.}g ~ E_. EAC4i-.CC.fDENi $ 1QQQQQ aN~ FROF'RfETC~RtPAFTNER+J(ECITI`~:E ?FFICEP;iAE:'ABER EXCU_DE'~~' E.. GfSEAC_E- Ef EF-tFI?YEE $ 2QQQOQ -f yas. 9e nt ~ rnfFr PEG ~tl. ='R VI>RC ~1:> tre:aw E_ DISEASE- PCLlr_~f LIMIT '; $ SQQQQQ OTHER ', DESCRIPTIOFd OF OPERATHONS /LOCATIONS /VEHICLES !EXCLUSIONS ADDED BY ENDORSEMENT !SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION Ca.ty of Co3. za Hea.ghts 59Q 4Q Eg1 A~renue NE COl la Ifeigh'ts MN 5542]. ACORD 25 i7t}01tIF81 ~f~TJ = SHOULD AF4Y OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E%PIRATION DATE THEREOF, THE ISSUk€dG IPdSURER WILL ENDEAVOR TO MAIL ~Q DAYS WRITTEFd NOTICE TG THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IR4POSE NO OBLIGATION OR LIABILITY OF ANY KING UPOFd THE tPJSURER. ITS AGEFdTS OR REPRESEhtTRTtVES. °I°Iloma S O ACORD CORPORATION 1988