ITEM 4.3 Painting of Prairie Park Centerot
NNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Parks and Recreation
Ross Demant, Parks and
May 11th, 2015
No
Recreation Director
The surfacing of the skate park ramps and painting of the interior of the Prairie Park shelter were
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent Agenda
Lori Johnson, City Administrator
4.3
AGENDA ITEM DETAILS
RECOMMENDATION:
Staff recommends the approval of the quote from K&C Painting of Minnesota LLC in the amount of
$2,300 for painting the interior of the Prairie Park Shelter and the surfaces of the skate park.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
No
BACKGROUND/JUSTIFICATION:
The surfacing of the skate park ramps and painting of the interior of the Prairie Park shelter were
included in the 2015 Parks and Recreation budget. The reason for the maintenance of the skate park is
that the "skating" surface on the ramps is worn down to metal which makes the maintenance of the
ramps more difficult and it is also more difficult to skate on. The reason for the maintenance of the
interior of the Prairie Park shelter is that the paint is peeling and there are areas of exposed metal.
SUPPORTING DOCUMENTS: X ATTACHED ❑ NONE
A. Quote from K&C Painting of Minnesota LLC
B. Service Contract for K&C Painting of Minnesota LLC
MOTION: (Please word motion as you would like it to appear in the minutes.)
Motion to approve the quote from K&C Painting of Minnesota LLC in the amount of $2,300 for the
painting of the interior of the Prairie Park shelter and Prairie Park skate ramp surfaces.
BUDGET INFORMATION
FUNDING:
101-45200-210
ACTION TAKEN
BUDGETED: X YES
aus
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
23182 Lipan St. NW
St. Francis, MN 55070
ENERGY ENTERTAINMENT
SERVICE CONTRACT
(763)291-5661
Instructions for reserving Energy Entertainment:
1. Sign this Service Contract and keep one copy for your files. Return the original, signed copy to Energy Entertainment.
Please reply within two weeks to ensure your booking. Energy Entertainment is not bound by the terms of this contract until the signed service
contract and accompanying deposit have been received by Energy Entertainment.
2. The Event Planner does not need to be returned at this time. Finalize your plans and return the Planner at least 2 weeks prior to your event. We
pride ourselves on our service. Should you wish to meet with your DJ to complete the Event Planner, please let us know!
3. If you are unsure of the location and times, just leave them blank and call us when you decide.
Contract Terms:
The Purchaser of the service, hereinafter referred to as "Client", desires to employ Energy Entertainment to provide entertainment and coordinate sound
activities for one engagement.
To accomplish the aforesaid purposes and in mutual consideration of the obligations entered into under this contract, it is hereby agreed by and between
the said Client and Energy Entertainment as follows:
1. Energy Entertainment agrees to provide to the Client for compensation certain entertainment service which may include sound and light shows,
karaoke and a master of ceremonies to coordinate these entertainment and social activities.
2. Energy Entertainment will provide dinner and social hour music at no additional cost.
3. Energy Entertainment agrees to provide an available DJ for these services. The Client may request a particular DJ; however, Energy
Entertainment reserves the right to provide an alternate DJ under extenuating circumstances.
4. The Client, in consideration for these services, agrees to pay to Energy Entertainment the deposit with the return of this agreement and the balance
on the date of the event. Fees for extended services outside the hours heretofore agreed upon in this contract, requested by the Client, shall be
due on the date of the event.
5. Energy Entertainment agrees that either its owners or representatives are authorized by the terms of this agreement to collect the remaining
balance owed to Energy Entertainment to execute the terms of this agreement.
6. The Client agrees that as a condition precedent to the performance of the terms of this agreement with Energy Entertainment, the Client will have
secured the facilities for the engagement as well as any and all stamps, licenses, authorizations and permits that are necessary and proper to allow
Energy Entertainment to execute the terms of the agreement, prior to the event.
7. Liability of Energy Entertainment shall not exceed total cost of DJ services.
8. Shall the Client breach the terms of this agreement in any way, the Client agrees that Energy Entertainment shall retain the total amount of this
deposit as liquidated damages and is not a penalty.
9. The Client agrees to pay to Energy Entertainment the balance due on the date said services are provided to Client by Energy Entertainment.
Should the Client fail to do so, the Client agrees to pay reasonable attorney fee, a $15.00 late fee plus 18% per year interest on the final balance
due and all other costs and expenses necessarily incurred for the recovery of that amount.
10. Client shall provide all necessary power supplies, accessible by extension cord and standard wall plug, 2 or 3 prongs.
11. Client shall provide a safe location for sound and light system operation. Employer shall be held liable if the environment, party guests, or any
element beyond the negligence of Energy Entertainment, damages, destroys or steals any of Energy Entertainment's equipment.
Dance Start time: 7:00 pm Dance End time:
Event date: 5/1/2015
Requested DJ (if any):
PACKAGE # 1 =
ADD'L TIME: $150.00 X HOURS =
TRAVEL FEE: $75.00 (IFAPPLICABLE)
MILEAGE: MILES X $0.50 =
SUB TOTAL:
DISCOUNT:
DEPOSIT: (NON-REFUNDABLE)
TIP: (industry standard 15-20%)
Event location:
$ 500.00
$
$ 500.00
$ 300.00
TOTAL: $ 200.00
CLIENT WILL PROVIDE MEAL(S) FOR DJ(S): ❑
NO. OF MEALS:
Make checks payable to: Nathan Koering
9:00 pm
Prairie Center, Otsego
Client Name (printed)
Client Signature/Date
Client Email Address
Client Phone
Nathan A. Koering
Energy Entertainment Representative
3�/ /A-
Signature/Date
- . Revised: 5/1/2015
CITY OF OTSEGO SERVICES CONTRACT
AGREEMENT, made this 11th day of May, 2015, between the CITY OF OTSEGO, a
political subdivision ("CITY") and K&C PAINTING OF MINNESOTA LLC
("CONTRACTOR");
RECITALS
CITY has awarded to CONTRACTOR the job described below,
Description of Project:
Painting of the interior of the Prairie Park shelter and the service areas of the Prairie Park
skate park for $2,300.
1. Contract Performance. CONTRACTOR shall complete performance of the
PROJECT in accordance with the K&C PAINTING OF MINNESOTA LLC estimate dated
March 29th, 2015.
2. Compliance with Applicable Regulations. CONTRACTOR shall, pursuant to
performance, comply with all applicable rules, regulations, statutes or ordinances of any
other unit or agency of government, including but not limited to those relating to non-
discrimination in hiring or labor practices, payment of all required withholding taxes,
workers' compensation and unemployment compensation insurance, liability insurance,
OSHA or other safety rules and regulations, construction practices, environmental practices,
wetland protection measures, vehicular safety and/or weight restrictions, refuse disposal
practices, and notices to employees, whether or not such rules, regulations, statutes or
ordinances are set forth or adopted by reference in the Submission Requirements herein.
Pursuant to Laws of Minnesota 1995, Chapter 31, if CONTRACTOR shall fail to pay any
subcontractor hired by CONTRACTOR under this project within 10 days after
CONTRACTOR receives payment from CITY for work for which CONTRACTOR is
liable to any subcontractor, CONTRACTOR shall be liable to the subcontractor for interest
on the unpaid balance, at the rate of 1.5 per cent per month. Any subcontractor aggrieved by
CONTRACTOR'S failure to remit payment to the subcontractor shall, for the purpose of
enforcement, be considered a third -party beneficiary of this contract. However, nothing in
this contract shall be deemed to impose upon CITY any duty to monitor, enforce or
otherwise become involved in payments from CONTRACTOR to any subcontractor.
3. Indemnification. CONTRACTOR shall indemnify and save harmless CITY from
any liability arising out of CONTRACTOR's failure to observe compliance with Paragraph
2 above, specifically including, without limitation, liability arising out of the improper
disposal or storage of any hazardous waste by CONTRACTOR or any entity hired or used
by CONTRACTOR for such disposal.
4. "Warranty of Workmanship, Products and Timely Completion. In addition to any
warranty which might be part of the Plans and Specifications/Proposal, CONTRACTOR
warrants that all work completed in connection with the PROJECT shall be done in a
workmanlike and timely manner and in accord with applicable industry standards and
that all chemicals and other products utilized by CONTRACTOR will be chosen for their
effectiveness for the purpose used. CONTRACTOR specifically warrants that all
chemical applications it makes will be effective in controlling weeds and unwanted
growth and promoting healthy lawn growth. Where materials are being furnished by
CONTRACTOR, CONTRACTOR warrants that all materials will be of good quality and
suited for the purpose for which they are intended."
5. Compliance with Statutory Requirements
A. Data Practices Compliance:
Contractor may have access to data collected or maintained by the City to the extent
necessary to perform Contractor's obligations under this contract. Contractor agrees
to maintain all data obtained from the City in the same manner as the City is
required under the Minnesota Government Data Practices Act, Minnesota Statutes
Chapter 13. Contractor will not release or disclose the contents of data classified as
not public to any person except at the written direction of the City. Contractor
agrees to defend and indemnify the City from any claim, liability, damage or loss
asserted against the City as a result of Contractor's failure to comply with the
requirement of the Act or this contract. Upon termination of this contract,
Contractor agrees to return data to the City, as requested by the City.
B. Worker's Compensation
Contractor shall, at the time of execution of this contract, furnish evidence
satisfactory to the City that Contractor maintains or is exempt from maintaining
Worker's Compensation coverage, pursuant to Minnesota Statutes Chapter 176.182.
C. Income Tax Withholdin
Prior to the time of final payment of any amounts owing to Contractor under this
agreement, Contractor shall furnish a copy of Form IC -134, certified by the
Minnesota Department of Revenue, documenting that all withholding tax
requirements have been observed by Contractor.
D. Audit
Pursuant to Minnesota Statutes Chapter 16C.05 (subd. 5), the books and records of
Contractor which are relevant to the services being performed under this Contract
shall be subject to inspection in accord with said statute, for a period of six years
from the date of final payment hereunder.
4. Performance and Payment Security (Check One)
X Contractor is not required to post any performance and payment security as a
condition of this Contract by reason of the fact that the contract amount is for less than
$75,000.00, and City is not requiring performance security.
Contractor is required to post performance and payment security acceptable to the
City, even though the contract price is less than $75,000.00.
Contractor is required to post performance and payment security because the
contract price is more than $75,000.00.
Note: Regardless of which option above is checked, if performance and payment security is
required, the security shall meet that standards outlined in Minnesota Statutes Chapter
574.26.
5. Notices
Any notice which is or should be required to be given to CONTRACTOR shall be
sufficient if addressed as follows, and deposited, postage prepaid, in the regular
United States Mail. Notice shall be deemed to have been received on the third
business day following the postmark:
K&C Painting of Minnesota LLC
517 Proctor Ave. NW
Elk River, MN 55330
6. Termination
Either party may terminate this agreement on 30 days written notice to the other.
7. Pa•
City shall remit to Contractor the amounts billed for services assuming that
Contractor has fully complied with all of the terms of this agreement, completing
the project in a timely and compliant manner.
IN WITNESS WHEREOF, the parties have executed this Agreement the date above written.
CITY OF OTSEGO
DIM
Mayor
City Clerk
CONTRACTOR
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