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HomeMy WebLinkAboutOrdinance No. 02-1368 CITY OF THE COLONY, TEXAS ORDINANCE NO. ~- /~6~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PHYLLIS MCGILL TO SERVE AS THE PARK ATTENDANT AT STEWART CREEK PARK; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized to execute on behalf of the City a contract with Phillis McGill to serve as Park Attendant at Stewart Creek Park. The approved form of contract is attached hereto as Exhibit "A", and made a part hereof for such purposes. SECTION 2. This Ordinance shall take effect immediately from and after its passage bythe City Council of the City of The Colony, Texas. DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 6th day of May 2002. APPROVED: Bernetta Henville-Shannon, Mayor Patti A. Hicks, t~Cit'y Secretary APPROVED AS TO FORM: Go~l/Hikel, ~iiy~r~y 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 Phyllis McGill, hereinafter referred to as the "Contractor". WHEREAS, The City desires to engage the services of Contractor for the purposes set tbrth 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 Asst. Park & Recreation Director or his/her designee) that shall be parked near the entrance of the park at a location to be designated by the Asst. Park & Recreation 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. Contractor shall base the performance of this Agreement from that trailer. 2. (a.) Winter Months - (October 1st- March 31st ) 1. Provide 24-hour surveillance in the park 7 days a week. 2. Be responsible for operation ofgatehouse in accordance with Asst. Park & Recreation Director or his/her designee. 3. Open and close the gate at the appropriate time 7 days a week, unless prearranged with the Asst. Park & Recreation Director or his/her designee. 4. Conduct at least three (3) tours through the park daily. (b.) Summer Months - (April 1~t- September 30th ) 1. Provide 24-hour surveillance in the park 7 days a week. 2. Be responsible for operation of gatehouse in accordance with Asst. Park & Recreation Director or his/her designee. 3. Open and close the gate at the appropriate time 7 days a week, unless prearranged with the Asst. Park & Recreation Director or his/her designee. 4. 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 Asst. Park & Recreation Director or his/her designee during which the Contractor shall, among other things: (a.) Review the condition of the campgrounds, and maintain items that are within Contractor's abilities to handle. (b.) Determine if any Park facilities require maintenance, and notify the Asst. Park & Recreation Director. (c.) Collect tees if needed when on patrol or otherwise. (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 Contractor has authority to handle, otherwise recruit the appropriate authority. (e.) Assist campers with problems. (f.) Ensure restroom facilities are clean and properly stocked, on each tour made through the park, using the time table for tours for the winter and summer months. 4. Contractor shall furnish his/her own transportation for patrolling the park. , 5. Distribute Park and the USACE rules and regulations to guests. Contractor shall / 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. Perform 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 a minimum of one time per patrol. (c.) Keep shoreline and swim beach area clean and free of debris. (d.) Keep gatehouse clean and light bulbs replaced on an as needed basis. 8. Keep a written record of complaints and criticisms, as well as records of campers and park users on required form. 9. Collect all "lost and found" property, and turn all such property over to The Lake Parks Division. 10. Issue daily, yearly, and camping permits in accordance with City Regulations and procedures, and Contractor shall be responsible for such permits and all fees collected, until Contractor has been relieved of permits and monies by an authorized agent of the City. Contractor will be financially responsible for any discrepancies in permits sold and fees collected. B. DUTIES AND OBLIGATIONS OF THE CITY. City shall provide to Contractor; l. A site for the self-contained trailer which will include utilities and a communications system (i.e. radio). Telephone service shall not be provided by the City, but should be available upon request by the Contractor to the appropriate telephone company. All utility costs or expenses incurred by the Contractor in the performance of this agreement shall be the responsibility of the Contractor. 2. A logbook, notebook, pen, paper, and all handout material. 3. Shirt 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 for trash pickup. C. ADDITIONAL TERMS OF AGREEMENT 1. This agreement shall co~m,e/_~ce on the Z ')9 73bay of /Q3 ,- (C-ell ,2002 and Shall expire on the / ~-~ ~ day of ,'~/'~_ ~,~... ,2003~'- 2. This Agreement may be terminated by the Contractor~by giving at least thirty days written notice to the Asst. Park and Recreation Director or his/her designee. This Agreement may be terminated by the City for any reason by giving the Contractor at least 30 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 $650.00, per pay period. During the summer months (April 1st through September 15th) an additional $550.00 per pay period will be funded to the Contractor to subsidize hiring gatehouse staff to assist with coverage of scheduled hours of operation approved by the Asst. Park and Recreation Director or his/her designee. 4. The Contractor shall notify the Asst. Park and Recreation Director or his/her designee of any anticipated absences. If the Contractor is absent, the Contractor is responsible for providing a replacement to perform his/her duties· 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 raising of animals. All pets of the Contractor shall be confined or on a leash of six feet (6') or less in length. Pets will not be allowed in the gatehouse. D. STATUS OF CONTRACTOR 1. 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 task with the Asst. Park and Recreation Director or his/her designee. Contractor has represented to the City that 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 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 Asst. Park and Recreation 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 on this the day of ,2002 THE CITY OF THE COLONY: PARK HOST: