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HomeMy WebLinkAboutResolution 6220 . . . RESOLUTION NO. 6220 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Approving Agreement for Professional Services WHEREAS, the City of Mounds View Golf Course has a need to engage the services of a Professional to administer private, semi-private, and group lessons and lessons for the Junior Golf program as necessary, on an interim basis; WHEREAS, There is a need to enhance the golf professional services to meet demand and enhance revenue; and, WHEREAS, Mr. Steve Manthis will provide such service through a well developed lesson program, NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve the attached Agreement for Professional Services as set forth in Exhibit A. Adopted this 12th day of April 2004 . ATTEST: ;:;?~ ~c -C 0) Kurt Ulrich, City Administrator (seal) . . . Exhibit A AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made, effective as of this 12nd day of April 2004, by and between the City of Mounds View, located at 2401 Highway 10, Mounds View, Minnesota 55112 (hereinafter "City") and Steve 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: and 1. Workers' compensation insurance in compliance with all applicable statutes; 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 April 15. 2004 and shall continue through Auqust 30. 2004. 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. J. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire agreement between City and Professional, and supersedes any other written or oral agreements between City and Professional. This Agreement can only be modified in writing signed by City and Professional. K. Execution in Counterparts. This Agreement may be executed in counterparts by the parties hereto. L. No Third Party Rights. Nothing in this Agreement shall be construed to create any right in any person or entity not a party hereto. . . . M. Assignment. The rights and obligations of Professional pursuant to this Agreement are not to be assigned absent the written consent of the City. N. No Joint Venture or Partnership Created. This Agreement shall not be construed to create a joint venture or partnership between the parties hereto. O. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. IN WITNESS WHEREOF, City and Professional have executed this Agreement the day and year first above written. CITY OF MOUNDS VIEW Dated: By: Jerry Linke, Mayor Dated: By: Kurt Ulrich, City Administrator PROFESSIONAL: Steve Manthis Dated: By: