CM-2015-779 - 11/14/2014City of Round Rock
ao qso accx Agenda Item Summary
Agenda Number:
Title: Consider executing a Recreation Service Agreement with EI Rancho Pony
Riding and Traveling Petting Zoo for the Rockin' Lights Christmas Towne.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/14/2014
Dept Director: Rick Atkins, Parks and Recreation Director
Cost: $3,000.00
Indexes:
Attachments:
Department: Parks and Recreation Department
Text of Legislative File CM -2015.779
Ciyvf RounJRock Page 1 P/In IBC on V1112015
RECREATION SERVICE AGREEMENT
NAME OF CONTRACTOR: E I V 12 A 1-1 P A LA C t`04
BUSINESS NAME: EI Rancho Pony Ridina and Travelina Petdna Zoo
ADDRESS: 1 'I 15 Re N D A ", t
CITY: Round Rock STATE: M( Z1P:79/.1,5 EMAIL: EPAL946440W.com
DAY PHONE: 15121422-0581 NIGHT PHONE: CELL PHONE:
SOCIAL SECURITY NUMBER: r-{ SO - 'ay _ 01 q S'T
OR EMPLOYER IDENTIFICATION NUMBER: USDA License 74-C-0851
a�
CONTRACTOR AGREES TO PROVIDE: Petting Zoo and Pony Rides•�GIo�G
DURING THE FOLLOWING TIME FRAME: December 6.7.12.13.18,1920.21 22 3.24.252014 Y r� ' 'o g
from 6:00 U.M. —10 D.M.
PAYMENT FOR THESE SERVICES WILL BE The vendor will be paid $3.000 to provide a petting zoo
free of charee for the community durina Christmas Towne on the nights listed above. Thev will
offer pony rides and charge $2.00 per person. 100% of the funds collected will be retained by the
vendor. An Itemized report of all of the funds collected on each night will be provided to the City
of Round Rock Parks and Recreation Department at the conclusion of the event.
THIS SERVICE WILL BE HELD AT THIS LOCATION: Dell Diamond — Old Settlers Park
1. It is understood and agreed that the above-named CONTRACTOR is not an employee of the
City, but rather is an independent Contractor and is retained to provide recreation services as
described above.
2. It is understood and agreed that the CONTRACTOR'S services are provided on a non-exclusive
basis and contractor is free to provide similar services to others outside of this agreement and
off the premises of the City of Round Rock to the extent such other work does not interfere with
the CONTRACTOR'S obligations to the City of Round Rock under this Agreement.
3. In the performance of this Agreement, CONTRACTOR will at all times act in CONTRACTOR'S
own capacity and right as an independent contractor, using CONTRACTOR'S own appropriate
independent skill and judgment. CONTRACTOR shall control the details, manner, means and
methods of its services.
4. Nothing herein shall be construed to make CONTRACTOR an agent, partner, employee, or joint
venturer of the City of Round Rock or to make the City of Round Rock an employer or co -
employer of CONTRACTOR or, if applicable, any of CONTRACTOR'S employees assigned to
work at any facility of the City of Round Rock.
5. It is understood and agreed that the City of Round Rock will not be responsible for reporting,
paying or withholding employment taxes, including FICA, FUTA, income tax, or other similar
levies which may be required by the United States Internal Revenue Service or other State or
Federal agencies. Contractor will be paid pursuant to a ctment Form W-9 on file and an invoice.
6. CONTRACTOR understands and agrees that CONTRACTOR shall not be entitled to (and also
hereby waives) participation in any of the City of Round Rock's employee benefit plans,
including but not limited to Section 401(k) profit sharing, retirement, deferred compensation,
pension, health and welfare plans, group insurance, disability insurance, bonus, vacation pay,
sick pay, any other type of paid leave, Paid Time 00 (PTO), severance pay, workers
compensation, unemployment compensation coverage, liability insurance, and other similar
plans, programs, and agreements, whether reduced to writing or not CONTRACTOR shall not
be entitled to wages, overtime, or any other form of pay or benefits from the City of Round
0 M- a66 -'i,9
Rock.
7. CONTRACTOR is responsible for providing all special equipment needed for the program,
including toys, balls and/or art supplies, etc. unless approved by City of Round Rods in
advance.
B. CONTRACTOR is responsible for paying all of CONTRACTOR'S own business and travel
expenses without reimbursement.
9. This Agreement may not he assigned by CONTRACTOR in whole or in part without prior written
consent of the City of Round Rock.
10. This Agreement is of limited duration and CONTRACTOR understands and agrees that helshe
has no expectation of continuing work.
11. The City of Round Rock may terminate this agreement at any time for any reason, without
advance notice, and the City of Round Rock shall be liable to pay only for those services
actually performed by the CONTRACTOR prior to the notice of termination. The City of Round
Rock reserves the right to cancel or discontinue services at any time.
12. 1 further understand, acknowledge and agree that the City of Round Rock has the right to have
a background check performed on him/her, and that the City of Round Rock intends to perform
or have performed such background check on him/her in relation to this service.
13. Contractor is required to provide the City with a current certificate of general liability insurance
as instructed by City staff and the City of Round Rock General Liability Coverage Program —
PARD Independent Contractors.
Have you or any of your employees providing recreation services pursuant to this Agreement ever been
convicted of, or have you pleaded guilty or nolo contendre (no contest) to, or been on deferred
adjudication for, a felony or a misdemeanor?
yes No _Y if yes, explain:
[Nob: A conviction will nor necessarily lair you hon "anaphor. Farb mrrvinlion was he judged on its own merits with respect to
drasnsbnass, seriousness, whether it was reason or not, as well as Me reladonshlp to the contractor position. ]
Comments:
CONTRACTOR has read the terms of this agreement and agrees to the conditions contained as
outlined above.
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Date
Director Date