Loading...
HomeMy WebLinkAboutResolution 6516 . . . RESOLUTION NO. 6516 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ELECTING TO RETAIN THE STATUTORY TORT LIMIT ON LIABILITY FOR THE 2005/2006 INSURANCE POLICIES WHEREAS, the City of Mounds View is currently making application for insurance policies to cover the period of July 1, 2005 through June 30, 2006; and WHEREAS, Minnesota Statutes 466.04 require that the City Council elect to not waive the monetary limits on municipal tort liability prior to the effective date of the coverage; and WHEREAS, Waiving the statutory tort limit on liability claims is not in the best interest of the City of Mounds View. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View that the statutory tort limit on municipal tort liability is not waived. ATTEST: Adopted this 9th day of May 2005. ;,/) " !I:t~A--- ft~ Rob Marty, Mayor' ~ p-' ~, L9 Kurt Ulrich, City Administrator ( seal) . Exhibit A AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made, effective as of this 9nd day of May 2005, by and between the City of Mounds View, located at 2401 Highway 10, Mounds View, Minnesota 55112 (hereinafter "City") and Jim Manthis of the City of Coon Rapids, County of Anoka, Minnesota (hereinafter "Professional"). WITNESSETH: WHEREAS, City desires to engage the services of Professional to administer private, semi-private, and group lessons and lessons for the Junior Golf program as necessary, on an interim basis; and WHEREAS, Professional has expressed his willingness to provide such services; . NOW, THEREFORE, the parties hereto do mutually agree as set forth below: . A. Professional Services. Professional shall perform private, semi-private, and group lessons and lessons for the Junior Golf program as necessary within his expertise. It is understood between the parties that such services specifically may include use of the practice range for private lessons and use of the practice range and greens for the Junior Golf program. The Professional shall report directly to the Clubhouse Manager. B. Compensation. Professional will render services to City on a per lesson basis. The Professional will determine the cost for private, semi-private and group golf lessons. . For Private, Semi-Private and Group Lessons the Professional will pay the City 30% of revenues generated from fees for golf lessons provided by the Professional. Students will pay the City directly for lessons and the Professional will invoice the City for 70% of gross revenues generated from the golf lessons provided by the Professional. . For Junior Golf Lessons the independent contractor will receive $5.00 per student per lesson at the end of the eight-week program. C. Insurance. Professional shall maintain: 1. Workers' compensation insurance in compliance with all applicable statutes; and e . . 2. Professional, automobile, contract, and general liability insurance in amounts and in forms satisfactory to City. D. Independent Contractor Status. All services provided by Professional pursuant to this Agreement shall be provided by Professional as an independent contractor and not as an employee of the City for any purpose, including but not limited to: 1. Income tax withholding; 2. Workers' compensation; 3. Unemployment compensation; 4. FICA taxes; 5. Liability for torts; and 6. Eligibility for employee benefits. E. Hold Harmless; Indemnification. The Vendor shall defend, indemnify and hold harmless the City, its elected officials, officers, employees, agents and representatives, from and against any and all claims, costs, losses, expenses, demands, actions or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may arise out of this Agreement for services provided by the Vendor hereunder. Nothing in this paragraph shall be deemed to be a waiver by the City of any limitations on or immunities from liability set forth in Minnesota Statutes, Chapter 466, or otherwise. F. Termination. This Agreement shall continue in effect until its termination or renegotiation as provided herein. Either party hereto may otherwise terminate this Agreement by providing ten (10) business days written notice of its intent to so terminate to the other party. This Agreement may be renegotiated or otherwise amended at any time by mutual written agreement of the parties. G. Effective Date. This agreement shall be effective May 10, 2005 and shall continue through November 30. 2005. H. Data Practices Act Compliance. Data provided to Professional under this Agreement shall be administered in accordance with Minnesota Statutes, Chapter 13, and all data on individuals shall be maintained in accordance with statutory guidelines. I. Work Products. All records, information, materials and other work products prepared and developed in connection with the provision of services hereunder shall become the exclusive and confidential property of City. No such products shall be made available to any other individual or organization by Professional without prior approval of City.