The URL can be used to link to this page

Home My WebLink AboutContract No. 2014-2563AGREEMENT FOR SERVICES PERFORMED BY INDEPENDENT CONTRACTOR THIS AGREEMENT is made on the 1st day of MJ ay 2014, between the CITY OF COLUMBIA HEIGHTS ( "City "), whose business address is 825 41" Avenue NE, Columbia Heights, MN 55421, and _Passau, Inc. ( "Contractor "), whose business address is P.O. Box 120910, New Brighton, MN 55112. 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, 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 Pant. 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. Assi nment. 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. 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 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. Attest: City Clerk . W • • • 1 i - 0 0 A 0 . O 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: �4((t� % E �, (�,rj , Ile AQ J ,-a Its (NOT the insurance agent) POLICY NO. OR SELF- INSURANCE PERMIT NO.: 01 4 I44323 -7 be) rjv/`. o i� - 466) , DATES OF COVERAGE: I lIZ, /% / i /� �,% / e� ( � -OR— I am not required to have workers' compensation liability coverage because: ❑ 1 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, AND I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE AND CORRECT. £ / 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 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. (c) Digital photo's shall be taken on every property prior to cutting and after cutting and shall be sent to the fire department upon completion and also retained by contractor. City of Columbia Heights Tall Grass and Weed Removal Program Exhibit B Contractor Information Tony Schmalzbauer Passau, Inc PO Box 120910 New Brighton, MN 55112 (c) 651- 303 -6083 tony@passaulandcare.com Contacts; Tony Schmalzbauer Pricing $55 minimum for first hour. Time over the initial hour will be paid at $13.75 for quarter hour increments. City of Columbia Heights Snow Removal 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 snow removal. (b) Contractor shall, within two business days, to remove snow from requested areas by City staff. (c) Digital photo's shall be taken on every property prior to removal and after removal and shall be sent to the fire department upon completion and also retained by contractor. City of Columbia Heights Snow Removal Program Exhibit B Tony Schmalzbauer Passau, Inc PO Box 120910 New Brighton, MN 55112 (c) 651- 303 -6083 tony@passaulandcare.com Contacts: Tony Schmalzbauer Contractor Information Pricing $65 minimum for first hour for plow truck, $60 per hour for shovelers, $110 per hour for bobcat work. PASSAUI OP ID: AS '4 �_ CERTIFICATE F LIABILITY 1 DATE YY) 06/021201 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 651 -426 -0607 McNamara Company Fax: 651 5790 www.mcnamaracompany.com - 426 - 1330 East Highway 96 St Paul, MN 55110 CON NAME CT PHONE F AX PA 'C No A/C No): E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Patrick K. McNamara INSURER A: Hanover Insurance Companies 11/0112014 EACH OCCURRENCE INSURED Passau Inc 4913th Avenue SW INSURER B: The Hartford Insurance $ 300,00 MED EXP (Any one person) $ 10,00 New Brighton, MN 55112 INSURER C INSURER D: GENERAL AGGREGATE $ 2,000,00 INSURER E: PRODUCTS - COMP /OP AGG $ 2,000,00 INSURER F: $ A COVERAGES CFRTIFICATF NI IMRFR- oe11/1e1nar au raaoco. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL S 8 POLICY NUMBER POLICY EFF MM/DDrYYYY POLICY EXP MM /DD LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ® OCCUR ODXA14323700 11/01/2013 11/0112014 EACH OCCURRENCE $ 1,000,00 PREMISES E' a occurrence $ 300,00 MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC PRODUCTS - COMP /OP AGG $ 2,000,00 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED X SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS X AUTOS AWXA14324800 11/01/2013 11/01/2014 COMBINED SINGLE LIMIT Ea accident 1 000 $ , ,00 BODILY INJURY (Per person) $ X BODILY INJURY (Per ( ) $ PROPERTY DAMAGE Per ac %ant $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 41WECBT3872 11/01/2013 11/0112014 WC STATU- OTH- X TORY LIM ER E.L. EACH ACCIDENT $ 500,00 E.L. DISEASE - EA EMPLOYEE - - - - -- $ 500,00 E.L. DISEASE - POLICY LIMIT $ 500,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) COLUMBI City of Columbia Heights 825 41st Ave NE Columbia Heights, MN 55421 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD