HomeMy WebLinkAboutContract 22532253
AGREEMENT FOR SERVICES
PERFORMED BY INDEPENDENT CONTRACTOR
THIS AGREEMENT is made on the _12th_ day of December , 2009, between the
CITY OF COLUMBIA HEIGHTS ("City"), whose business address is S90 40`l' Ave. NE,
Columbia Heights, MN SS421, and Johnson's Outdoor Services ("Contractor"), whose
business address is PO Box~9S, St Francis, MN SS070.
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, conforn 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. Terminafion. 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. 'T11e 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, anal 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
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 properly 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.
Attes • ~~~~~~,~ .
City Clerk
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Starsdard'1Vorkers' Gotrtpensatiort and Employers` Liability Policy
1. -- The In~arer3
Chad Johr;son
~A_ Jcshnsnn`s C3satdcscsr Services
siv~i i r~1.7`aas Laise N114rr
1~a:l~sey; l~~I ~~303
Tax I
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~t~ ~f _ ailing:
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Other warkptaces net shown above: SEE t3~1 ~ csr~ratian ~..i C)thr
2. -The poiicy ~aeri~?d is frorst 12:0'i a.rr~_ ir;~;13i2Gu0 to 12~v i a.rr ~33r't3i2Ci^u csi t:~13 ro~Sasrcd's iilai!®. ,y address.
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Exempt
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3. A. ~~ar~e° es:~mtae~satcsr~ In~urars~~: l='art one of the palicy apalies tc~'vVarkers' Compensation Law of the statea;sl listed here:
ivit~l
Esnioyer' Liab4lity tn~urance: Part Twa of the p€~licy a~rplies to work in each state listed ire iTE .A..
The I'srrtits of cur liability under Part T~rro era. Codily lnjr~ry by Accident ~~t3t3,uisG Earn ~ccdcnt
~t~dily Injury by i~isease ~Gv,Cl00 Each Employee
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City of Columbia Heights
Snovv Removal Program
Exhibit A
Description of Work
Contractor will perform the following:
(a) Contractor shall thoroughly far-niliarize themselves with City ordinances pertaining to
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.
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Lawn -Landscape -Snow
Busi~te-ss (7d3:] 757-1797
Fc~x (763) 75?-QsS~
5731 170tfi Lane. NW
E2csmsey, tvtlV_ SS3fl3
Send #a. Cr~tumbia Heigtt#s" t+ara t=rocn:.tot~nsan's Qvfd~or Services
Atfention; John Larkin Da#e: 11-12-08
{~ffioe Locafion; Office Location: Ramse
Fax dumber: 7d~3-7(}6-3651 Phone Number. {T63~ 757-1797
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To#at pages, including cover: t
Comrrt~r~ts:
Attn; Jeshn Lt~rkin or Gary
Proposal for snow Removal ~2t'~48-20019 SeaSOn
Manual LaMar - 5hovei or Snow Pup $45.[10 Per Hour
Truck- NijE'iow- $60:00 Per Hour
Skid loader - W/ Snow Bucke# $7Q.00 Per Hour
services Lis#ed Above Have A tvtinimum of Qne hour. Time Over The Initial Haur Will Be
Bided Af Quarfer Hour incremenfs.
Thanks,
Chad
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