HomeMy WebLinkAboutResolution 7622RESOLUTION 7622
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AUTHORIZING AN AGREEMENT WITH RICK WRISKEY FOR URBAN FORESTRY
SERVICES
WHEREAS, proper forest management has many positive effects including
increasing property values, aesthetics, reducing energy costs, attracting wildlife,
reducing stormwater runoff, and providing an overall higher quality of life; and
WHEREAS, Mounds View is currently without any means or expertise to provide
the regular maintenance and oversight needed to provide proper forest management
and to diagnose and enforce current ordinances regarding diseased trees; and
WHEREAS, Mr. Rick Wriskey served 28 years as the Mounds View City Forester
until his retirement on September 30, 2010; and
WHEREAS, Mr. Rick Wriskey has the expertise and is willing to assist the City
with urban forestry services as an independent contractor; and
WHEREAS, an agreement between the City and Mr. Rick Wriskey has been
prepared and satisfactory reviewed by the City Attorney to allow Mr. Wriskey to provide
urban forestry services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View, Ramsey County, Minnesota as follows:
The Mayor and City Administrator are hereby authorized and directed for and on
behalf of the City to execute and enter into an independent contractor agreement
dated June 14, 2010 with Mr. Rick Wriskey to provide urban forestry services.
Adopted this 14t" day of June, 2010.
e or
ATTEST:
~ C~JYv~ ~~~1,2C.~1 Z~`'L-J
James Ericson, Clerk-Administrator
(SEAL)
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT is made on the 14th day of June, 2010, between the CITY OF MOIJNDS VIEW
("City"), a Minnesota municipal corporation, whose business address is 2401 Highway 10, Mounds View,
MN 55112, and RICHARD F. WRISKEY ("Contractor") whose address is 6218 Glen Circle, Lino Lakes,
MN 55014.
THE CITY AND CONTRACTOR AGREE AS FOLLOWS:
1. Indeuendent Contractor. The City hereby retains the Contractor as an independent contractor upon the
terms and conditions set forth in this Agreement. The Contractor is an independent contractor and not
an employee of the City. The Contractor is free to contract with other entities as provided herein. The
Contractor shall be responsible for selecting the means and methods of performing the work. The City
and the Contractor agree that the Contractor shall not at any time or in any manner represent that the
Contractor is in any manner an employee of the City. The Contractor shall be exclusively responsible
under this Agreement for the Contractor's own FICA payments, workers' compensation insurance,
unemployment compensation insurance, withholding amounts, or self-employment taxes if any such
payments, amounts, or taxes are required to be paid by law or regulation.
2. Contractor's 5ervices. The Contractor agrees to provide Urban Forestry Services for the City as
described on the attached Exhibit A. The Contractor shall, in the execution of the services, conform to
all applicable federal, state, and local laws, codes, ordinances, and regulations.
3. Comuensation for Services. The City agrees to pay the Contractor for the services at a rate of $50 per
hour plus mileage reimbursement at the current IRS rate. The Contractor shall submit to the City, on a
monthly basis, itemized bills for the services performed under this Agreement. Bills submitted shall be
paid in the same manner as other claims made to the City.
4. Termination. Either pariy, without cause, may terminate this Agreement by seven days' written notice
delivered to the other party at the address written above. After termination, the City shall have no
further obligation to the Contractor except to compensate the Contractor for services performed prior to
the date of the notice of termination.
5. Subcontractors. The Contractor shall not enter into subcontracts for services provided under this
Agreement without the express written consent of the City.
6. Assi~nment. Neither party shall assign this Agreement, or any interest arising herein, without the
written consent of the other party.
7. Indemnification. The Contractor agrees to defend, indemnify and hold the City, its officials,
employees, agents and contractors 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 in the performance of
the services provided by this Agreement and against all losses by reason of the failure of the Contractor
fully to perform, in any respect, all obligations under this Agreement.
8. Workers' Compensation Insurance. The Contractor shall have workers' compensation insurance
coverage that meets the requirements of Minnesota law. The Contractor shall execute the form attached
hereto prior to commencing work under this Agreement.
9. 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,
URBAN FORESTRY SERVICES AGREEMENT 1
CITY OF MOUNDS VIEW
excerpts, and transcriptions, for three years after final payments and all other pending matters related to
this Agreement are closed.
10. General Liabilitv Insurance. The Contractor shall maintain adequate insurance with limits acceptable
to the City to protect himself and the City from claims and liability for injury or damages to persons or
property for all work performed by the Contractor under this Agreement. Prior to performing any
services under this Agreement, the Contractor shall provide evidence to the City that acceptable
insurance coverage is in effect.
11. Data Privacv. 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.
12. Governin~ Law. The laws of the State of Minnesota shall control this Agreement.
13. Entire A~reement; 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.
14. No Waiver bv the Citv. By entering into this Agreement, the City does not waive its entitlement to any
immunities under statute or common law.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above.
CONTRACTOR
By:
Richard F. Wriskey
ATTEST:
(SEAL)
CITY OF MOUNDS VIEW
By: e~
Jo
Its: Mayor
sy: ~G{~U1,~ <~ ~2~
James Ericson
Its: City Administrator
~6azo3~~ s.~s n~u?~o-i i ~
URBAN FORESTRY SERVICES AGREEMENT 2
CTiY OF MOUNDS VIEW
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 Minnesota Statutes Section 176.181, subdivision 2. This information
will be furnished, upon request, to the Department of Labor and Industry to check for compliance with
Minnesota Statutes Section 176.181, subdivision 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 or is falsely reported. Furthermore, if this information is not provided or is falsely
reported, it may result in a penalty assessed against your business by the Commissioner of the Deparirnent of
Labor and Industry.
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:
o I have no employees covered by the law.
^ Other (spec~):
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.
(Signature)
URBAN FORESTRY SERVICES AGREEMENT
CITY OF MOUNDS VIEW
EXHIBIT A
DESCRIPTION OF SERVICES TO BE PERFORMED BY CONTRACTOR
The Contractor will perform the following services, in part or wholly, as assigned by the City on a daily,
weekly, seasonal, project-by-project, or as-needed basis to assist the City in promoting a safe and high
quality urban forest environtnent.
Monitor and inspect trees, shrubs, and landscaping located on City-owned public lands (rights-of-way,
parks, grounds, etc.) for damage, hazards, disease, invasive%xotic plants and species, and other unsafe
or undesirable conditions. Determine and recommend appropriate treatment or remedial activities and
assist with carrying out approved actions.
2. Assist with administering and implementing the Dutch Elm, Oak Wilt, and Emerald Ash Borer
Disease control per City ordinance and policies, including detection, inspection, and diagnosis.
Coordinate and oversee diseased tree removals or treatments on both City-owned public land and
private property.
3. Coordinate closely with City personnel on various tree and landscaping issues for City-owned public
lands and occasionally private praperties.
4. Assist with planning, bidding, and administering contracts between City and other independent
contractors for removing, maintaining, and planting of trees, shrubs, plants, and landscaping on City-
owned public lands.
5. Perform removals, trimming, maintenance, and planting of trees, shrubs, plants, and landscaping on
City-owned public lands alone or with other City personnel.
6. Review construction plans and provide recommendations for tree and landscaping issues associated
with City projects and private development/improvements.
7. Assist with developing, administering, and implementing the City's urban forestry activities and
programs, including Tree City USA, Arbor Day, master plans, tree sales, budgeting, grants,
articles/newsletters, billings, ordinances, procedures and policies, meetings, reports, storm clean up
and recovery, and other urban forestry actions and programming.
8. Performs other urban forestry related duties and assignments as apparent or assigned.
URBAN FORESTRY SERVICES AGREEMENT A-1
C1TY OF MOUNDS VIEW
P01.1C°tf f!4!~l14~~ER: DG--Richard F. t~Tris'ney
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Forester P.O, Box 216Z7
Columbi.a. SC 29221
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L~.nolakes, t~N 55014
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