HomeMy WebLinkAboutContract 22872287
AGREEMENT FOR SERVICES
PERFORMED BY INDEPENDENT CONTRACTOR
THIS AGREEMENT is made on the 29th day of Aril ~, 2010, between the CITY
OF COLITMBIA HEIGHTS ("City"), whose business address is 590 40`'' Ave. NE, Columbia
Heights, MN 55421, and Justin Time Services ("Contractor"), whose business
address is 130 - 62"`~ Wa_y NE, Fridley, MN 55432_.
THE CITY AND CONTRACTOR AGREE AS FOLLOWS:
Independent Contractor. The City her°eby 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 fiunish 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
campensation 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 according to
Exhibit A.
4. Compensation for Services. The City agrees to pay the Contractor for services as
described iii Exhivit A. Compensation shall be in accordance with Exhtb,t 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.
Termination. Either party, without cause, may teammate dais 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.
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 er-ors 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 a~1y
respect, all obligations under this Agreement.
10. Workers Compensation Insurance. Worker's compensation coverage shall be furnished
meeting minimwn 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. General Liability Insurance. The Contractor shall provide the City a Certificate of
Insurance complying with the standai°d contractor's minimum coverage requirements of
$I,OQQ,000. combined single limit naming the City of Columbia I-Ie~ights as a~n additional
insured. Contractor's liability policy shall be so endorsed with a copy delivered to the City.
13. Data Privaey. The Contractor shall comply with Minnesota Statutes Chapter 13, The
Mim~esota 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 eom~ectio€e with performance of the A>greement 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.
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CITY OF COL BIA HE1CG TS ~ CONTRACTOR:
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City Administrator
Attest: _
City Clerk
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-
I am not required to have workers' compensation liability coverage because:
^ I have no employees covered by the law.
Other (s~ecifvl:
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.
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Tractor (Signature) --~~~"
City of Columbia Heights
Tall Grass and ~1Veed 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 Fire Department 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.
City of Columbia ~Ieights
Tall Grass and Need Removal Program
Exhibit B
Contractor Information
Justin Time Services
130 - 62"d Way NE
Fridley, MN 55432
(w) 612-702-8605
justindargis@yahoo.com
Contacts: Justin Dargis
Pricin
$25.50 minimum for first hour. Time over the initial hour will be paid at $17.00 per
>io,~r. Af±er first hour any additional help will be paid at $8.50 per hour in addition to
minimum.
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