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HomeMy WebLinkAboutResolution No. 07-050 CITY OF THE COLONY, TEXAS RESOLUTION NO. 07-f25.0 A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PERSONAL SERVICES AGREEMENT WITH MARILYN MOHR FOR STEWART CREEK PARK A TTENDANT SERVICES; 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: Section 1. That the City Council of the City of The Colony, Texas hereby approves the PERSONAL SERVICES AGREEMENT WITH MARILYN MOHR FOR STEWART CREEK PARK ATTENDANT SERVICES. Section 2. That a true and correct copy of the Agreement is attached hereto and incorporated herein, as exhibit A. Section 3. behalf of the city. That the city manager is authorized to execute the Agreement on Section 4. passage. That this resolution shall take effect immediately from and after its PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 4th day of June. 2007. ~L~ ~~ Christie Wilson, TRMC, City Secretary Dillard, Mayor of The Colony, Texas APPROVED AS TO FORM: -U:1 ~ ~ Robert E. Hager, City ttomey STATE OF TEXAS ~ ~ ~ PERSONAL SERVICES AGREEMENT COUNTY OF DENTON This Agreement ("AGREEMENT"), entered into on this 4th day of June ,2007, is made by and between the City of The Colony, Texas ("CITY") and Marilyn Mohr ("CONTRACTOR"). WITNESSETH: WHEREAS, CITY desires to engage the services of an independent contractor to serve as Park Attendant at Stewart Creek Park (the "Park") to perform the duties described herein; and WHEREAS, CONTRACTOR desires to perform such personal services as an independent contractor; and WHEREAS, the Parties desires to enter into this Personal Services Contract to provide the services referenced herein on a contract basis; For good and valuable consideration, the receipt and sufficiency of which is hereby conclusively acknowledged, this Agreement is made by and between the City of The Colony, Texas, (hereinafter referred to as the "CITY") and Marilyn Mohr ("CONTRACTOR"). 1.00 TERM/TERMINATION. 1.01 This agreement shall commence on the 4th day of June, 2007 and shall automatically renew each year on this date unless either party provides notification of termination by the following terms: (A) This agreement may be terminated by the Contractor by giving at least thirty days written notice to the Community Services Director or hislher designee. (B) This Agreement may be terminated by the City for any reason by giving the Contractor at least thirty (30) days written notice. (C) Additionally, the City may terminate this Agreement immediately and without notice upon the happening of any of the following: 1. The conviction of Contractor of any felony, or of any misdemeanor involving moral turpitude; or 2. The failure of Contractor to diligently or properly perform Contractor's duties under this Agreement. PERSONAL SERVICES AGREEMENT - PAGE 1 TM 17076.76.000 2.00 DUTIES AND OBLIGA TIONS: 2.01 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: (A) 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 hislher 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, boats, trailers, etc. will be allowed by the Community Services Director or his/her designee. Contractor shall base the performance of this Agreement from that trailer. (B) During the Winter Months - (October 1 st - March 31 st) 1. Conduct 24-hour surveillance in the park seven (7) days a week. 2. Operate a gatehouse in accordance with Community Services Director or hislher designee and the adopted rules and guidelines in accordance with applicable State law and local ordinances. 3. Open and close the gate at the appropriate time seven (7) days a week, unless prearranged with the Community Services Director or hislher designee. 4. Conduct at least three (3) tours through the park daily. (C) During the Summer Months - (April 1st - September 30th) 1. Conduct 24-hour surveillance in the park seven (7) days a week. 2. Operate a gatehouse in accordance with Community Services Director or his/her designee and the adopted rules and guidelines in accordance with applicable State law and local ordinances. 3. Open and close the gate at the appropriate time seven (7) days a week, unless prearranged with the Community Services Director or hislher designee. 4. Conduct a minimum of five (5) tours through the park daily. (D) The scheduling of tours and gatehouse hours of operations shall be determined in conjunction with the Community Services Director or hislher designee during which the Contractor shall, among other things: 1. Review the condition of the campgrounds, and maintain items that are within Contractor's abilities to handle. 2. Determine if any Park facilities require maintenance, and notify the Community Services Director or hislher designee. PERSONAL SERVICES AGREEMENT - PAGE 2 TM 17076.76.000 3. Collect fees if needed when on patrol or otherwise. 4. 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. 5. Assist campers with problems. 6. Ensure restroom facilities are clean and properly stocked, on each tour made through the park, using the time table for tours for the summer months. (E) Contractor may furnish his/her own transportation for patrolling the park. (F) Distribute Park and the United States Army Corp. of Engineers (USACE) rules and regulations to guests. Contractor shall exercise tact, diplomacy, and courtesy at all times when dealing with the public. (G) Report all disturbances Contractor is unable to control to The Colony Police Department. Contractor shall not attempt to apprehend violators. (H) Be responsible for clean up functions on an as needed basis, including the following: 1. Emptying trash containers daily, and/or on an as needed basis, with consideration of the attendance, season, special events and holidays. 2. Check, stock and clean existing restrooms daily a minimum of one time per patrol. 3. Keep shoreline, swim beach area, pavilion, picnic tables, firerings, grills, etc., clean and free of debris. 4. Keep gatehouse clean and light bulbs replaced on an as needed basis. (1) Keep a written record of complaints and criticisms, as well as records of campers and park users on required forms. (1) Collect all "lost and found" property, and turn all such property over to The Parks & Recreation Department. (K) Issue daily, yearly, and camping permits in accordance with City regulations and procedures. The Contractor is responsible for such permits and all fees collected until delivered to the Administrative Assistant of the Parks & Recreation Dept. Contractor will be financially responsible for any discrepancies in permits distributed and fees collected by Contractor or Contractor's employees. PERSONAL SERVICES AGREEMENT - PAGE 3 TM 17076.76.000 2.02 DUTIES AND OBLIGATIONS OF THE CITY. City shall provide to the Contractor the following: (A) 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. (B) Office supplies as needed, and all handout material. (C) Shirt and name tag identification. (D) Magnetic signs for vehicle identification. (E) Supplies such as trash bags, toilet paper, cleaning and maintenance supplies to properly maintain facilities in performance of Contractor's job duties. (F) A utility vehicle for trash pickup. 3.00 ADDITIONAL TERMS OF AGREEMENT. 3.01 The Contractor shall notify the Community Services 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. 3.02 Contractor shall present a neat and clean appearance while on duty and shall provide the highest level of customer service at all times. 3.03 Contractor shall abstain from the use of alcoholic beverages and or controlled substances while on duty. 3.04 Contractor shall not construct or place in the Park any dog pens, horse corrals, poultry cages or similar facilities for pets or the raising of animals. All pets of the Contractor shall be confined or on a leash of six feet (6') or less in length and are limited to 2 total. Pets will not be allowed in the gatehouse. 4.00 COMPENSA TION. Payment to the Contractor shall be on a bi-weekly basis at a rate of $700.00 per pay period. During the summer months (April 1st through September 15th) an additional $750.00 PERSONAL SERVICES AGREEMENT - PAGE 4 TM 17076.76.000 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 Community Services Director or his/her designee. Payments shall be reviewed annually and may be adjusted through the City's budget as approved by City Council. 5.00 STATUS OF 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 task with the Community Services Director or hislher 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. 6.00 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. 7.00 ASSIGNMENT. Contractor shall not assign any of its rights and obligations pursuant to this Agreement, without the express written consent of the Community Services Director or his/her designee. 8.00 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. 9.00 ENTIRE AGREEMENT: This Agreement constitutes the full and complete agreement of the parties, and all either prior and/or contemporaneous agreements between the parties have been merged herein. Any future amendment of this Agreement shall be in writing and shall require the written consent of both parties. 10.00 VENUE: This Agreement will be governed and construed according to the laws of the State of Texas. This Agreement is performable in Denton County, Texas. 11.00 SEVERABILITY: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but PERSONAL SERVICES AGREEMENT - PAGE 5 TM 17076.76.000 that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. EXECUTED in duplicate originals to be effective on the 4th day of June ,2007. CITY: CONTRACTOR: D~h~~ger wJ'rn ~ ~n Moh~ ~JJpw~ Christie Wilson, City Secretary PERSONAL SERVICES AGREEMENT - PAGE 6 TM 17076.76.000