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HomeMy WebLinkAboutResolution No. 2015-059 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2015- 051 A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PARK ATTENDANT AGREEMENT WITH DONALD G. DONOVAN FOR STEWART CREEK PARK ATTENDANT SERVICES WITH TERMS AND CONDITIONS AS STATED THEREIN; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. The City Council of the City of The Colony, Texas hereby approves the Park Attendant Agreement with Donald G. Donovan for Stewart Creek Park Attendant Services under the terms and conditions as stated therein. Section 2. A true and correct copy of the Agreement is attached hereto and incorporated herein as Exhibit "A". Section 3. The city manager is authorized to execute the Agreement on behalf of the city. Section 4. This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 21st day of July, 2015. /At Ad' 4" J e McCou , Mayor ity of The Colony, Texa ATTES ./ AA..‘ 'JUL' A istie Wilson, TRMC, City Secretary _ i SEAL .1"‹ APPROVED AS T I i ' . .. AO- TEXAS eff Moor:, City Attorney STEWART CREEK PARK PARK ATTENDANT AGREEMENT This Park Attendant Agreement("Agreement") is entered into by the City of The Colony,Texas, hereinafter referred to as the "City", and .DON#4L t boro.bR.x1 , (hereinafter referred to as the "Contractor"). WHEREAS,The City desires to engage the services of Contractor for the purposes set forth herein, as independent contractor and not as an employee. NOW,THEREFORE, for and in consideration of the mutual promises and covenants herein made and the benefits flowing to the parties hereto,the City and the Contractor, do hereby contract and agree as follows: A. DUTIES AND OBLIGATIONS OF CONTRACTOR. Contractor shall serve as Park Attendant at Stewart Creek Park (the "Park") located in the City. As Park Attendant, Contractor shall: 1. Provide a self-contained trailer(the type and design of which shall be subject to the approval of the Community Services Director or his/her designee) that shall be parked near the entrance of the park at a location to be designated by the Community Services Director or his/her designee. Contractor will maintain the area around the self-contained trailer in a clean, uncluttered and sanitary condition at all times. A limited number of vehicles will be allowed on the site at the discretion of the Community Services Director or his/her designee. Contractor shall base the performance of this Agreement from that trailer. 2. (a.) Winter Months—(October 15t—March 315t) 1. Be responsible for 24-hour surveillance in the park 7 days a week. 2. Be responsible for operation of gatehouse during hours needed to ensure entry permits are obtained by anyone entering the park.The schedule for gate —house coverage will be submitted to the Community Services Director or his/her designee for approval. 3. Be responsible for opening and closing the gate at the appropriate time 7 days a week, unless notifies the Community Service Director or his/her designee in advance so other arrangements can be made for any absences. 4. Be responsible for conducting at least three (3)tours through the park daily. (b) Summer Months—(April 1st—September 30th) 1. Be responsible for 24-hour surveillance in the park 7 days a week. 2. Be responsible for operation of gatehouse during hours needed to ensure fees are collected and entry permits are obtained by anyone entering the park. The schedule for gate—house coverage will be submitted to the Community Services Director or his/her designee for approval. 3. Be responsible for opening and closing the gate at the appropriate time 7 days a week, unless notification to the Community Service Director or his/her designee is given in advance so other arrangements can be made for one time occurrences. 4. Be responsible for securing the gate at the trail head parking lot from dusk to dawn on an as needed basis. 2. Conduct a minimum of five (5)tours through the park daily. 3. The scheduling of tours and gatehouse hours of operations, shall be determined in conjunction with the Community Service Director or his/her designee during which the Contractor shall, among other things: (a.) Review the condition of the park and facilities,and maintain/repair items that are within Contractor's abilities to handle. (b.) Determine if any Park facilities require maintenance, and notify the Community Services Director or his/her designee of any problems the Contractor is unable to handle. (c.) Collect fees from all vehicles that enter the park at the gate-house or while on patrol. (d.) Determine whether or not any person has failed to comply with rules and regulations relating to the use of the Park, and address those that the Contractor has the authority to handle, otherwise recruit the appropriate authority. (e.) Provide assistance and information to park users as needed. (f.) Ensure restroom facilities are clean and properly stocked on each tour made through the park. Additionally, Contractor shall be responsible for the following: 4. Furnish his/her own transportation for patrolling the park, but must adhere magnetic "Park Attendant" signs supplied by the City to vehicle to be clearly identified while on patrol. 5. Inform guests of Park and the United States Army Corp. of Engineers (USACE) rules and regulations, and distribute literature as needed. Contractor shall exhibit a friendly and welcoming approach to all customer interactions, and exercise tact, diplomacy, and courtesy at all times when dealing with the public. 6. Report all disturbances Contractor is unable to control to The Colony Police Department. Contractor shall not attempt to apprehend violators. 7. Be responsible for clean up functions on an as needed basis, including the following: (a.) Emptying trash containers daily, and/or on an as needed basis, with consideration of the attendance, season, special events and holidays. (b.) Check, stock and clean existing restrooms daily to ensure a pleasant and sanitary experience for park users. (c.) Keep shoreline and swim beach area clean and free of trash and debris. (d.) Keep gatehouse clean and light bulbs replaced on an as needed basis. (e.) Clean ashes and debris from fire-rings and grills as needed. 8. Keep a written record of complaints and incidents, as well as records of campers and park users on required forms. 9. Collect all "lost and found" property, and turn all such property over to the City if unclaimed after 30 days. 10. Issue daily,yearly, and camping permits in accordance with City Regulations and procedures. The Contractor is responsible for such permits and accurate accounting for all fees collected until delivered to the Administrative Assistant of the Parks& Recreation Dept. Contractor will be financially responsible for any discrepancies in permits sold and fees collected by Contractor or Contractor's employees. B. DUTIES AND OBLIGATIONS OF THE CITY. City shall provide to Contractor: 1. A site for the self-contained trailer which will include water, sewer, and electric service. Telephone service shall not be provided by the City, but should be available upon request by the Contractor to the appropriate telephone company. All personal telephone, cable/satellite TV, propane, etc., expenses incurred by the Contractor in the performance of this agreement shall be the responsibility of the Contractor. 2. Basic office supplies and handout materials. 3. Uniform shirts and name tag identification. 4. Magnetic signs for vehicle identification. 5. Supplies such as trash bags, toilet paper, cleaning and office supplies to properly maintain facilities in performance of Contractor's job duties. 6. A utility vehicle that can be used for patrolling and trash collection. C. ADDITIONAL TERMS OF AGREEMENT 1. This agreement shall be for 3 month intervals, commencing on the 1st day of August and 15`day of February, and may include other dates as mutually agreed upon by both parties, and shall automatically renew each year on these dates unless either party provides notification of termination by the following terms: 2. This agreement may be terminated by the Contractor by giving at least thirty days written notice to the Community Service Director or his/her designee. This Agreement may be terminated by the City for any reason by giving the Contractor at least thirty days written notice. Additionally,the City may terminate this Agreement immediately and without notice upon the happening of any of the following: (a.) The conviction of Contractor of any felony, or of any misdemeanor involving moral turpitude; or (b.) The failure of Contractor to diligently or properly perform Contractor's duties under this Agreement. 3. Payment to the Contractor shall be on a bi-weekly basis at a rate of$750.00 per pay period. During the summer months(April 15t through September 15th) an additional $750.00 per pay period will be paid to the Contractor to subsidize hiring supplemental gate staff or other employees to assist with coverage of the Park activities. An invoice with record of hours worked at the gatehouse must be submitted to the Community Services Director or designee on a bi-weekly basis for payment.The contract amount shall be reviewed annually and may be adjusted through the City's budget process as approved by City Council. 4. The Contractor shall notify the Community Service Director or his/her designee of any anticipated absences at least 7 days in advance. If the Contractor is absent, the Contractor is responsible for providing a replacement to perform his/her duties, and must provide contact information for any temporary staff to the City. Failure to provide proper coverage when absent will result in a reduction of Contractor's pay for the period of absence. 5. Contractor shall present a neat and clean appearance while on duty. 6. Contractor shall abstain from the use of alcoholic beverages and or controlled substances while on duty. 7. Contractor shall not construct or place in the Park any dog pens, horse corrals, poultry cages or similar facilities for pets or securing of animals. All pets of the Contractor shall be confined or on a leash of six feet (6') or less in length when outside. Pets will not be allowed in the gatehouse. D. MISCELLANEOUS PROVISIONS 1. Status as Independent Contractor: It is the intention of the parties that Contractor shall be an independent contractor and not an employee of the City for all purposes, including but not limited to the application of the Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Act, provisions of the Internal Revenue Code. City will abstain from payment of Workers Compensation Insurance on Contractor. Contractor shall coordinate scheduled tasks with the Community Service Director or his/her designee. Contractor has represented to the City that the Contractor is an individual,and will be required to pay federal self-employment taxes upon amounts received under this Agreement. 2. Indemnification: Contractor shall indemnify the City, its officers, employees and agents against, and hold the City, its officers,employees and agents harmless from, any and all liability, suits, claims, actions, causes of action costs,expenses or fees (including reasonable attorney's fees)for any injury to or the death of any person, damage to, or destruction of any property resulting from or based upon, in whole or in part, any act or omission of Contractor, his or her agents/employees, under this Agreement. The provision of this paragraph shall survive the termination of this Agreement. 3. Assignment: Contractor shall not assign any of its rights and obligations pursuant to this Agreement, without the express written consent of the Community Service Director or his/her designee. 4. City Ordinances: This Agreement is subject to all City Ordinances presently in force and any Ordinances, which the City Council may pass in the future. AGREED to this the Qi ay of 44y , 2015. THE CITY OF THE COLO Cont c r-P ;,' DANT T, owell, City Manager i:o,ici /cc6/10( II