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HomeMy WebLinkAboutResolution No. 08-039 CITY OF THE COLONY, TEXAS RESOLUTION NO. 08.0.?fi A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PARK ATTENDANT AGREEMENT WITH JANET AKINS FOR STEWART CREEK PARK ATTENDANT 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, THAT: Section 1. The City Council of the City of The Colony, Texas hereby approves the Park Attendant Agreement with Janet Akins for Stewart Creek Park Attendant Services. Section 2. A true and correct copy of the Agreement is attached hereto and incorporated herein, as Exhibit "A". Section 3. of the city. The city manager is authorized to execute the Agreement on behalf Section 4. passage. 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 17th day of March. 2008. Jo n Dillard, Mayor C y of The Colony, Texas C (-- I" 0L"L .;; \.1' -'~ "iV" - ('-'c',j1' C . pil' ;,U!i})') STEWART CREEK PARK PARK ATTENDANT AGREEMENT This Park Attendant Agreement (tiAgreementti) is entered into by the City of The Colony, Texas, hereinafter referred to as the tiCity", and Janet Akins, hereinafter referred to as the tiContractor". 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 tipark") 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, 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. 2. (a.) Winter Months - (October 1st - March 31st) 1. Responsible for 24-hour surveillance in the park 7 days a week. 2. Be responsible for operation of gatehouse in accordance with Community Service Director or his/her designee. 3. Responsible for opening and closing the gate at the appropriate time 7 days a week, unless prearranged with the Community Service Director or his/her designee. 4. Responsible for conducting at least three (3) tours through the park daily. (b) Summer Months - (April 1st - September 30th) 1. Responsible for 24-hour surveillance in the park 7 days a week. 2. Be responsible for operation of gatehouse in accordance with Community Service Director or his/her designee. 3. Be responsible for opening and closing the gate at the appropriate time 7 days a week, unless prearranged with the Community Service Director or his/her designee. 4. Conduct a minimum of five (5) tours through the park daily. 3. The scheduling of tours and gate house 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 campgrounds, and maintain 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. (c.) Collect fees 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 the Contractor has the 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 summer months. 4. Contractor may furnish his/her own transportation for patrolling the park. 5. 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. 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 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 tilost 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. 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 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 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 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 commence on the 18th day of March, 2008 and shall automatically renew each year on this date unless either party provides notification of termination by the following terms: 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. 2. 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 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 Service Director or his/her designee. Payments shall be reviewed annually and may be adjusted through the City's budget as approved by City Council. 3. The Contractor shall notify the Community Service 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. 4. Contractor shall present a neat and clean appearance while on duty. S. Contractor shall abstain from the use of alcoholic beverages and or controlled substances while on duty. 6. 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 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 17th THE CITY OF THE COLONY: '8~('1~~ Dale Cheatham, City Manager day of March ,20~. PARK ATTENDANT -1 ,. --rVYVlf CRJt~