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HomeMy WebLinkAbout12.A. Parks and Recreation Independent Contractor Agreement /d. It. CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Jamie Polley, Director of Parks, Recreation & Natural Resources i Meeting Date: October 6, 2009 Subject: Parks and Recreation Independent Contractor Agreement INTRODUCTION The City Council is asked to review and approve the proposed Parks and Recreation Independent Contractor Agreement. DISCUSSION The Recreation Supervisors offer a wide variety of programs. Most of the programs are taught by instructors that are employees of the City. However at times there are outside organizations or individuals that specialize in a particular skill or activity. In these cases the instructors have entered into an agreement with the City to teach a class. The classes are offered by the Parks and Recreation Department and the City receives a percentage or a portion of the overall revenue. To date each Recreation Supervisor has worked with their own independent contractors and have set up separate agreements. Staff felt it was necessary to develop uniform guidelines and a general agreement for all independent contractors. On July 27,2009 the PRAB reviewed the proposed independent contractor agreement (Attachment A). The agreement was recommended to the City Council with changes and upon review by the City Attorney. The proposed independent contractor agreement has been reviewed by the City Attorney and contains the necessary information to hire an independent contractor for parks and recreation services. The agreement clearly identifies the contractor as an independent contractor and not an employee of the City. Compensation to the independent contractor will be a percent of the registration fees or a per participant amount. The independent contractor is also required to supply the City with the proper insurance coverage. Staff is encouraged to hire instructors as employees of the City first however a standard Independent Contractor Agreement will allow staff to hire unique individuals or companies to provide fun and beneficial recreational opportunities to the City of Shakopee and surrounding community. CITY VISION B. High Quality of Life ACTION REQUESTED The City Council, if concur, approve the proposed Parks and Recreation Independent Contractor Agreement. Attachment A CITY OF SHAKOPEE PARKS AND RECREATION INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made this _ day of , 20_, by and between (the "Contractor") and the City of Shakopee, a Minnesota municipal corporation (the "City"). RECITALS WHEREAS, the City has been authorized to enter into a contract for services; and WHEREAS, the City has approved the contract for services with the Contractor; and WHEREAS, the parties wish to define the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: TERMS 1. Scope of Services. The Contractor will perform services for the City. The City will make facilities available for the conduct of such services. The Contractor agrees that it will adhere to the City's Independent Contractor Specifications and Requirements as set forth on attached Exhibit A. The City and the Contractor shall agree on an acceptable maximum and minimum number of participants for each program or class. 2. Term of Agreement. The term of this Agreement will be from , 20 to ,20_. 3. Compensation. The City shall be responsible for charging and collecting all registration fees for the program or class. As compensation for providing the services under this Agreement, the City shall pay Contractor percent of the registration fees collected OR the City shall pay Contractor $ per registered participant. No other compensation shall be provided to the Contractor by the City. 4. Independent Contractor. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, workers' compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use his/her/its own equipment, supplies, tools, and materials to complete the services under this Agreement. RHB-246068vl ME230-IA 4.03 The Contractor acknowledges that any general instruction he/she/it receives from the City has no effect on his/her/its status as an independent contractor. 5. Insurance. The Contractor shall maintain adequate insurance to protect himself/herselflitself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under his/her/its general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6. Workers' Compensation. 6.01 The Contractor shall comply with the provisions of the Minnesota workers' compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor shall provide his/her/its own workers' compensation insurance and must provide evidence to the City of such coverage before commencing work under this Agreement. 7. Indemnification. The Contractor shall hold harmless, indemnify and defend the City, its officials, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorneys' fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor's performance under this Agreement. 8. Applicable Law. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 9. Assignment. The Contractor shall not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. The Contractor shall provide the City with copies of all contracts for assigned services. 10. Entire Agreement; Amendments. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 11. No Waiver by City. By entering into this Agreement, the City does not waive its entitlement to any immunities under statute or common law. 12. Termination. Either party may terminate this Agreement at any time, for any reason, upon giving _ days' notice to the other party. I 357661v3 SJS SH155-23 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF SHAKOPEE By: John Schmitt Its: Mayor By Mark McNeill Its: City Administrator By: Judith S. Cox Its: City Clerk CONTRACTOR By: I 357661v3 SJS SH155-23 3 EXHIBIT A City Independent Contractor Specifications and Requirements Specifications The Contractor must: 1. Maintain a separate business and provide his/her/its own equipment, supplies and materials at its/his/her own expense. 2. Hold or have applied for a federal employer identification number or a social security number. 3. Pass a City background check. Requirements The Contractor must: 1. Cooperate with the City's Recreation Supervisor in order to publicize and promote the program or class. The Contractor must take necessary measures in order to ensure that the program or class runs smoothly. The program or class must be conducted in compliance with the policies of the City's Parks, Recreation and Natural Resources Department. 2. Open and close each session or class on time according to the schedule established by the City's Parks, Recreation and Natural Resources Department. 3. Discuss any issues or problems with the City's Recreation Supervisor. 4. Fill out any reports that may be required by the City such as accident or incident reports. 5. Contact the City's Recreation Supervisor immediately in the event that the Contractor is ill or other event that will prevent the Contractor for carrying out his/her/its duties. 6. Secure the area being used after the session or class is completed. The Contractor shall be responsible for any property damage that occurs in the event that he/she/it does not secure the area. 7. Obtain the approval of the Recreation Supervisor before canceling the program for any reason. 8. Submit any paperwork required by the City at the end of each program promptly to the City Recreation Supervisor. 9. Conduct him/her/itself in a courteous and professional manner. There shall be no use of profanity. I 35766lv3 SJS SH155-23 4