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02-05-2009 HUCMSpecial Meeting February 5, 2009 Members present: President Dwight Bordson; Vice President Robert Hantge; Secretary David Wetterling; Commissioner Donald H. Walser; Attorney Marc Sebora; General Manager Michael Kumm Member absent: Commissioner Craig Lenz President Bordson called the meeting to order at 4:00 p.m. GM Kumm asked for approval to terminate the Independent Contractor Agreement with Annemarie Dammann, by advice of Counsel, without cause, due to problems in accordance with the meter reading schedule. Issues have arisen in preparing for billing in that the meter readings were not being turned in according to schedule. Our cycle 3 billing is now seven to ten days longer than the schedule allows for. GM Kumm explained that if complaints come in because of high electric and gas bills, it's a result of cold weather and the longer reading dates. GM Kumm has talked with City and arrangements have been made to ensure the water meters are read. HUC personnel will read the electric and gas meters in order for cycles 4 and 5 to be billed according to schedule. Letters have been drafted, reviewed by Attorney Sebora, terminating the contract with payment according to the terms of the contract. After further discussion, a motion was made by Commissioner Walser, seconded by Secretary Wetterling to terminate the Independent Contractor Agreement with Annemarie Dammann on the basis of the letter that has been drafted. Motion was unanimously carried. GM Kumm discussed the need to hire a meter technician. This position would help read meters as well as being involved with the automated meter reading software that will be implemented in the future. GM Kumm presented a temporary restructured organizational chart. HUC has an employee out on a family medical leave and the burden of that absence has prevented GM Kumm from performing his own work. With this temporary restructured organizational chart, the business manager would be in charge of the account supervisor and the meter reading responsibilities as well as the computer systems analyst and the energy conservation administrator. The accountant position would be in charge of the inventory agent and the purchasing agent. There being no further business, a motion was made by Vice President Hantge, seconded by Secretary Wetterling to adjourn the meeting at 4:25 p.m. Motion was unanimously carried. ATTEST: Dwight Bordson, President David Wetterling, Secretary Special Meeting February 5, 2009 Members present: President Dwight Bordson; Vice President Robert Hantge; Secretary David Wetterling; Commissioner Donald H. Walser; Attorney Marc Sebora; General Manager Michael Kumm Member absent: Commissioner Craig Lenz President Bordson called the meeting to order at 4:00 p.m. GM Kumm asked for approval to terminate the Independent Contractor Agreement with Annemarie Dammann, by advice of Counsel, without cause, due to problems in accordance with the meter reading schedule. Issues have arisen in preparing for billing in that the meter readings were not being turned in according to schedule. Our cycle 3 billing is now seven to ten days longer than the schedule allows for. GM Kumm explained that if complaints come in because of high electric and gas bills, it's a result of cold weather and the longer reading dates. GM Kumm has talked with City and arrangements have been made to ensure the water meters are read. HUC personnel will read the electric and gas meters in order for cycles 4 and 5 to be billed according to schedule. Letters have been drafted, reviewed by Attorney Sebora, terminating the contract with payment according to the terms of the contract. After further discussion, a motion was made by Commissioner Walser, seconded by Secretary Wetterling to terminate the Independent Contractor Agreement with Annemarie Dammann on the basis of the letter that has been drafted. Motion was unanimously carried. GM Kumm discussed the need to hire a meter technician. This position would help read meters as well as being involved with the automated meter reading software that will be implemented in the future. GM Kumm presented a temporary restructured organizational chart. HUC has an employee out on a family medical leave and the burden of that absence has prevented GM Kumm from performing his own work. With this temporary restructured organizational chart, the business manager would be in charge of the account supervisor and the meter reading responsibilities as well as the computer systems analyst and the energy conservation administrator. The accountant position would be in charge of the inventory agent and the purchasing agent. There being no further business, a motion was made by Vice President Hantge, seconded by Secretary Wetterling to adjourn the meeting at 4:25 p.m. Motion was unanimously carried. David Woerling, Secretary ATTEST: D t Bordson, President INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made by and between Hutchinson Utilities Commission 225 Michigan St SE Hutchinson MN 55350 (hereinafter "HUC ") and Annemarie Dammann 12374 Swan Lake Rd, Silver Lake, MN 55381 (hereinafter "Contractor ") on the following terms and conditions. 1. INDEPENDENT CONTRACTOR STATUS: The undersigned recognizes that he /she has been retained as an independent Contractor by HUC for the purpose of reading meters. The Contractor recognizes and acknowledges that he /she is not an employee of HUC. 2. TASK: The Contractor acknowledges that he /she has been retained to perform the task of reading electric and natural gas meters. This agreement shall not cover any other or further tasks undertaken by Contractor except as provided in writing and executed by both parties. 3. FEE: The Contractor shall be paid a fee of $0.35 per meter read each month. 4. HOURS: The Contractor shall set his/her own hours, reading only during daylight hours, and determine the number of meters read. Contractor shall perform his/her work during the date(s) set forth in Schedule "A ", which will be completed per designated route listing. Said schedule may, from time to time, be altered, amended or modified by HUC. 5. CONDITIONS: All readings will be completed as set forth in Schedule "A ". Downtown business district meters will not be read on Sundays or Holidays, and not before normal business hours. Contractor will be given a report of misreads and no reads on a daily basis. Contractor will be responsible to go back and recheck these readings at the contractors own expense and return the report to the office daily. Only one (1) meter reading hand held device will be taken from the office at a time and all meter reading equipment will be returned to the office at the end of the Contractor's working day. The hand held will be placed on the charging rack. Contractor will wear clothing provided that identifies them as being with HUC, and will use vehicle identification as provided. Contractor will notify HUC if contractor is for some reason going to be late or not reading during dates set forth in Schedule "A ". 6. TERM: The Contractor or HUC may terminate, without cause, this Independent Contractor Agreement upon ninety (90) days written notice to the other party. 7. MISCELLANEOUS: Contractor shall provide his/her own transportation and gas. Contractor shall be entitled to utilize HUC meter reading equipment. Proper care must be used to avoid damage to the equipment. HUC shall provide Contractor with a sweatshirt, jacket etc. HUC shall also provide contractor with identification labels for their vehicles. This contract will be reviewed and approved by HUC on an annual basis. Contractor acknowledges that he /she is not an employee of HUC, and therefore, is not entitled to benefits, including but not limited to, vacation pay, sick leave, health insurance, retirement benefits, worker's compensation or unemployment benefits. Contractor also acknowledges that he /she is responsible to make sure all meters are read in the time allotted. if contractor cannot complete the task in the time allotted it is the contractors responsibility to have resources available to complete this task. 8. INDEMNIFICATION CLAUSE: Contractor hereby agrees to indemnify, defend and hold harmless the HUC, and the City of Hutchinson, from any and all claims of action or damages which arise out of the acts of the Contractor. Dated: Z Dated: HUTCHINSON UTILITIES COMMISSION am Its: INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made by and between Hutchinson Utilities Commission 225 Michigan St SE Hutchinson MN 55350 (hereinafter "HUC ") and Annemarie Dammann 12374 Swan Lake Rd, Silver Lake, MN 55381 (hereinafter "Contractor ") on the following terms and conditions. 1. INDEPENDENT CONTRACTOR STATUS: The undersigned recognizes that he /she has been retained as an independent Contractor by HUC for the purpose of reading meters. The Contractor recognizes and acknowledges that he /she is not an employee of HUC. 2. TASK: The Contractor acknowledges that he /she has been retained to perform the task of reading water meters. This agreement shall not cover any other or further tasks undertaken by Contractor except as provided in writing and executed by both parties. 3. FEE: The Contractor shall be paid a fee of $0.35 per meter read each month. 4. HOURS: The Contractor shall set his/her own hours, reading only during daylight hours, and determine the number of meters read. Contractor shall perform his/her work during the date(s) set forth in Schedule "A ", which will be completed per designated route listing. Said schedule may, from time to time, be altered, amended or modified by HUC. 5. CONDITIONS: All readings will be completed as set forth in Schedule "A ". Downtown business district meters will not be read on Sundays or Holidays, and not before normal business hours. Contractor will be given a report of misreads and no reads on a daily basis. Contractor will be responsible to go back and recheck these readings at the contractors own expense and return the report to the office daily. Only one (1) meter reading hand held device will be taken from the office at a time and all meter reading equipment will be returned to the office at the end of the Contractor's working day. The hand held will be placed on the charging rack. Contractor will wear clothing provided that identifies them as being with HUC, and will use vehicle identification as provided. Contractor will notify HUC if contractor is for some reason going to be late or not reading during dates set forth in Schedule "A ". 6. TERM: The Contractor or HUC may terminate, without cause, this Independent Contractor Agreement upon ninety (90) days written notice to the other party. 7. MISCELLANEOUS: Contractor shall provide his/her own transportation and gas. Contractor shall be entitled to utilize HUC meter reading equipment. Proper care must be used to avoid damage to the equipment. HUC shall provide Contractor with a sweatshirt, jacket etc. HUC shall also provide contractor with identification labels for their vehicles. This contract will be reviewed and approved by HUC on an annual basis. Contractor acknowledges that he /she is not an employee of HUC, and therefore, is not entitled to benefits, including but not limited to, vacation pay, sick leave, health insurance, retirement benefits, worker's compensation or unemployment benefits. Contractor also acknowledges that he /she is responsible to make sure all meters are read in the time allotted. If contractor cannot complete the task in the time allotted it is the contractors responsibility to have resources available to complete this task. 8. INDEMNIFICATION CLAUSE: Contractor hereby agrees to indemnify, defend and hold harmless the HUC, and the City of Hutchinson, from any and all claims of action or damages which arise out of the acts of the Contractor. Dated: A, 2 Dated: � —2L' -f% HUTCHINSON UTILITIES COMMISSION