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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. __.-~. ~~ ~`~ CITY OF COL BIA HE1CG TS ~ CONTRACTOR: ~.: ~..M~_ __ _ . _. ~ _. - ~. `~, . ~ ~. _~. .. ' J '" e t it :~_:„<_ .. „ . - - .. .. _... a .~ a/ 61. ~"' d ~ :0 :~ 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. w,__. ., ,.. ,,- _- ~-~ 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. t3~i,`E14?~'E~1Et 1': [t'~ E~5142E~E6~E( ~ttV1EFiICr~t'd F~Yt'~~IL'~ It'~IS F'~tC-aE E1~,~4~12 t"i€:rt=ri,^~,:t c~,;;it)< En~urat.e~ ~iii~~iig ~ American Farni(y tvtutuai trtsurance Gr3mt3arty if rPl~rrrt+R hDx t~ nny ~~ha ,k~~a 60017 t'~rrrtarican Plot nAatlisvn, Wisconsin ~$7~3-£lGfly tnsttr~?_ 2me and A¢-fdre~ ~~~riiii t+ieftTits, ;,~drr~s ziiiie FhuhB tvUidrf:tr3r (r`-~c~#,iGii~t.j C1Pd !nr ~~tq .It_9~Tin Ti,rtr{F .~~ra~,rtt~~~ viii i~#PUmanr~ (Faai j 42a-6~a~3 13d E32f2Ct itVay ~t2v end Str~C@ Frir~l~,y, MD,1 55432 iNktite Rear i_~kei [E/!!~ ~`~1?CI-32.G7 (r?t~71!?~°~) i rii~ carEificat~ t~ is~u~q ~$ a msti$r at 6rs€prra~afiorr ¢snly end ~4rif~~'~ n+3 riryfits up#n the ~,; rfEt's~afa Hcstdar_ :rt::: ; e^t:ft: ~@® ;.~ @~iVt ~~.t~~r~, e~crrd or ai@ar ih~ cx}vera~e afiert~ec3 tsy @he ~+oii~tes its@~e E~Iatsr_ 1 ~~ _ ~"" _ ,~..-~. d ,' _ ~-^~ --'~'f"` ._ Ana 'rhl51R b i.Efr~ify thHt (FdiC185 Qf ihaur~r~ca IigtFtl b916W h&V9 tWCn i.sUgc} U .ti6ltn5utar! hHttY~Hd above for the Krlkjr ~itiOCi ahdtc~(q~i, ti4lWlthS'aHnWh~ Hny tE(,p,rirr,.mCM, t84*h nt ConrAtlOn bP Hhj! trxrtrack or other c~i:~ri ~ciii wlii7 rur~Pgr; h3 which Lhfc uartitlrfll5 1`5£ay tie ieeuch of m~Y PSrt+.tilt, the itceturanGe affc riled qy 4h9 P41C;B8 rtl6HCribetl hengln Ig gubi9~'0 HI) Ih8 tZYrn.4, ttdUSU~ryd, Hntl CGI1tlir'lCriB [k HUGh (iUli+~e_+.. 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