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HomeMy WebLinkAbout16- Parks, Recreation & Community Services CI Y OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Subject: RESOLUTION OF THE CITY OF SAN From: ANNIE F. RAMOS, DIRECTOR BERNARDINO AUTHORIZING THE Dept: PARKS, RECREATION & COMMUNITY SERVICES DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN Date: SEPTEMBER 11, 1997 , AGREEMENT WITH FLOYD ALLRED RELATING TO THE FURNISHING OF CARETAKER SERVICES. Synopsis of Previous Council Action: None SEP 18 1997 Recommended Motion: Adopt the Resolution. Signature Contact person: John A. Kramer Phone. 384-5031 Supporting data attached: Staff Report, Reso & Agreement Ward: City-Wide FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Res 97- Agenda Item No. / tjg 9/11/97 Allred Agrmnt e a CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION STAFF REPORT RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT WITH FLOYD ALLRED RELATING TO THE FURNISHING OFCARETAKER SERVICES. This department is desirous of establishing a caretaker arrangement at the new Antil Community Gardens on Sixth Street. The individual who would serve as caretaker is Floyd Allred, one of the gardeners. Mr. Allred owns a self-contained, 12 foot camper that would serve as his place of residence. Locating Mr. Allred and his camper at the gardens would serve to help reduce vandalism and theft at the site. There have been frequent incidents of trespassing at the gardens since they opened. Mr. Allred has had similar experience in managing a 12,000 acre ranch. He would not be allowed to keep any weapons. Additionally, Mr. Allred has relatives in the immediate vicinity. The agreement will require from the caretaker a one million dollar general liability policy with the city named as additionally insured. The caretaker arrangement would be consistent with the arrangements this department had at the former garden site. At this site, a caretaker was engaged for approximately 20 years, utilizing a city-owned residency. 9/17/97 tjg Allred/Community Gardens AGREEMENT FOR CARETAKER SERVICES THIS AGREEMENT for Caretaker Services ("Agreement") is made and entered into this day of , 1997, by and between the CITY OF SAN BERNARDINO ("City") and Floyd Allred, a private contractor, hereinafter referred to as "Caretaker." WHEREAS, City desires to retain caretaker for purposes of providing caretaker services for the City of San Bernardino Community Gardens. WHEREAS, Caretaker represented to City that Caretaker has the knowledge, skills, resources and experience qualifying Caretaker to provide services to the City of San Bernardino Community Gardens. WHEREAS, based on the representation of Caretaker, City desires to retain Caretaker's services. NOW THEREFORE, CITY and CARETAKER mutually agree as follows: 1. CARETAKER'S RESPONSIBILITIES City hereby retains Caretaker to provide services which shall include but are not limited to observing and overseeing Community Gardens' premises a and reporting all trespassers and unauthorized personnel, and all property damage or maintenance problems to the proper authorities. Caretaker shall remain on premises and provide said service at his discretion. 2. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT The services rendered herein shall be rendered by the individual Caretaker whose experience, knowledge, capability and reputation were a substantial inducement for City to enter this Agreement. Caretaker shall not contract with any other entity to perform, in whole or in part, the services required hereunder without the prior written approval of City. This Agreement shall not be assigned or transferred by Caretaker without the prior written consent of the Department Director. 3. COMPENSATION Caretaker agrees to provide services for the privilege of residing on the Community Gardens premises and shall receive no other compensation for services. 4. INDEPENDENT CONTRACTOR Caretaker shall perform services as an independent contractor and shall not be considered an employee of City. This Agreement is not intended to create the relationship of agent, servant,employee,partnership,joint venture or association between Caretaker and City. 5. INDEMNIFICATION Caretaker shall indemnify, defend and hold harmless the city from and against any and all liability, claims or costs including attorney fees arising out of or related to the acts omissions of the Caretaker to the extent that it is obligated to indemnify, defend and hold harmless the employees of City. 6. INSURANCE Caretaker shall maintain comprehensive General Liability Insurance as required herein. Insurance shall be provided by an insurer satisfactory to City, proof of which shall be delivered to the Department Director within ten (10) days of the effective date of this Agreement. General Liability Insurance - Comprehensive General Liability Insurance with a combine single limit of not less than one million dollars ($1,000,000) per occurrence. Such insurance shall be primary and shall not be contributing to any insurance maintained by City. Caretaker shall name City as an additional insured and provide-for thirty (30) days notice of cancellation. 7. COMPLIANCE WITH LAW The parties agree to be bound by applicable federal, state and local laws pertaining to performance of this Agreement. 8. NONDISCRIMINATION Caretaker shall not discriminate on the basis of race, color, creed, religion, natural origin,ancestry, sex,marital status or disabilities in the performance of the Agreement. 9. SEVERABILITY In the event that any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or illegal by a court of competent jurisdiction the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any of the remaining phrases, sentences, clauses, paragraphs or sections contained herein. 10. TERMINATION This Agreement may be terminated at any time by either party by giving the other party ten (10) days prior written notice. 11. NOTICE Notices shall be presented in person, by Certified or Registered United States Mail with return receipt or by overnight delivery made by a nationally recognized delivery services. Notice presented by United States Mail shall be deemed effective the second business day after deposit with the United States Postal Service. Nothing in this section shall be construed to prevent giving notice by personal service or by telephonically verified actual fax transmission which shall be deemed effective upon actual receipt of such personal service or telephonic verification. TO CARETAKER: FLOYD ALLRED SAN BERNARDINO, CA 12. ENTIRE AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing between the parties hereto. This Agreement contains the entire understanding and agreement of the parties and cannot be amended without the written consent of both parties hereto. 13. AMENDMENT This Agreement may be amended at any time by a written instrument signed by both parties. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above shown. THE CITY OF SAN BERNARDINO BY ANNIE RAMOS, DIRECTOR PARKS, RECREATION AND COMMUNITY SERVICES BY FLOYD ALLRED, CARETAKER Q 9/16/97 tjg Caretaker Services i r I