HomeMy WebLinkAboutSawyer, Greg & Jennifer; 2007-10-23;The City of Carlsbad - Recreation Department
AGREEMENT FOR INDEPENDENT
CONTRACTOR RESIDENT CARETAKER(S)
LEO CARRILLO RANCH HISTORIC PARK
This Agreement for Independent Contractor Resident Caretaker (Agreement) is
entered into on $<i?k4#^&',J^>^ between the City of Carlsbad (City) and
Greg and Jennifer Sawyer_. for the position of Resident Caretaker(s) at the Leo Carrillo
Ranch Historic Park .
WHEREAS, the City owns and operates parks throughout the City of Carlsbad,
including Leo Carrillo Ranch Historic Park; and
WHEREAS, the City has a Resident Caretaker program that is administered by
the Recreation Department (Department) whereby the City contracts for an Independent
Contractor to provide 25 - 30 hours of work service per week at Leo Carrillo Ranch
Historic Park, 6200 Flying LC Lane, Carlsbad, CA, 92009 (Property) in exchange for an
annual stipend and the financial benefit of living in the City owned residence located on
the Property; and
WHEREAS, the City desires to procure an Independent Contractor to be the
Resident Caretaker of the Property and to provide 25-30 hours of work per week at the
Property; and
WHEREAS, the City will compensate the Independent Contractor (Resident
Caretaker) to use and occupy an unfurnished two bedroom/two bathroom manufactured
home, with all utilities paid as sole compensation for the work performed on the
Property; and
WHEREAS, the purpose of this Agreement is to specify the terms by which the
Resident Caretakers) may use and occupied said residence in exchange for work
performed on the Property.
NOW, THEREFORE, the parties agree as follows:
1. The Resident Caretaker(s) is/are not City employee(s) and this Agreement
shall not be construed to create an employer-employee relationship. The
parties acknowledge and agree that the Resident Caretakers) is an
Independent Contractor hired to perform the services at the Property as
described herein. Resident Caretakers) will be under the control of City only
as to the results to be accomplished.
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2. The Resident Caretaker(s) shall provide 25-30 hours of service per week at the
Property. The Resident Caretaker's scope of duties shall include but not be
limited to the following:
Grounds Maintenance: Mowing, Weeding, Raking, Sweeping, Trimming,
Fertilizing, Planting, Irrigation, and Trash Collection
Building Maintenance: Restroom Cleaning, and Semi-Skilled Maintenance
and Repair of Facilities and Equipment; Maintain Residence, and Surrounding
Grounds in Good Condition
Visitor Services: Provide Guided Historic Walking Tours of Carrillo Ranch,
Staff Museum and Visitor Center, Greet Park Visitors, Facility Opening and
Closing
"Eyes and Ears" Security and Patrol: Patrol, Surveillance, and Condition
Report of City Property within Designated Park Boundaries, and Respond to
Building Alarms
The Resident Caretaker(s) shall meet with the Department's Recreation Area
Manager, at least once per week, to discuss any specific issues or tasks that
the Recreation Area Manager needs addressed/completed by the Resident
Caretaker(s).
The City may, in its sole discretion, provide tools and equipment to the
Resident Caretaker(s) to assist the Resident Caretaker(s) in the performance of
his/her duties. The parties agree that should the City provide any tools and
equipment to the Resident Caretaker(s) for use in performing the Resident
Caretaker's services, the City's providing of tools and equipment shall not
create an employee-employer relationship. In the event that the Resident
Caretaker uses any tools or equipment provided by the City, Resident
Caretaker shall be solely responsible for any loss or damage to the tools or
equipment and shall replace or repair the lost or damaged tools or equipment
provided by the City.
3. The City will provide an unfurnished two bedroom/two bathroom (1,752
square foot) manufactured residence on the Property where the Resident
Caretaker(s) may live, and a $5,000 annual stipend payable in equal monthly
installments. Utilities will be provided (water and electricity) at no cost to the
Resident Caretaker(s).
The appraised value of lodging ($19,200) and the yearly stipend ($5,000)
provided by the City of Carlsbad will be reported annually to the Internal
Revenue Service (IRS) on form 1099-MISC.
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4. Resident Caretaker(s) shall not make any improvements or other
modifications to the Resident Caretaker's residence or to the Property without
the express written consent of the City. Violation of this section shall be
grounds for immediate termination of this Agreement.
5. Liability Insurance. Resident Caretaker shall have personal liability
insurance to cover the use and occupancy of the residence on the Property, in
an amount of not less than $500,000. The City of Carlsbad shall be added as
Additional Insured by separate endorsement.
All Risk Insurance. A standard fire policy including all risk or special form
perils, providing Replacement Cost Coverage, without deduction for
depreciation for (i) Resident Caretaker's personal property, (ii) fixtures owned
by Resident Caretaker, and (iii) any items identified in this Agreement as
improvements to the Residence constructed and owned by Resident
Caretaker(s). The deductible for the required fire insurance policy shall not
exceed $1,000 per occurrence and shall be borne by the Resident Caretaker(s).
Incidental Worker's Compensation. A policy of California Workers'
Compensation coverage in statutory amount and Employer's Liability
coverage for no less than $500,000 per occurrence for all employees of the
Resident Caretaker(s) engaged in services or operations at the direction of
Resident Caretaker(s) at the residence and/or Property.
Evidence of Insurance. No later than the effective date of the Agreement,
Resident Caretaker(s) shall provide to the City a certificate of insurance and
copy of the General Liability Additional Insured endorsement. Thereafter,
certificates and separate Additional Insured endorsement shall be provided to
the City within 30 days of expiration of the required policy.
Policy Provisions. Resident Caretaker(s) shall provide the City with at least
30 days written notice before any cancellation, lapse, reduction or other
adverse change in the insurance policies specified above is effective. Ten-day
notice of cancellation for non-payment of premium is acceptable.
Right to Review. The City retains the right to review the coverage, form and
amount of insurance required and may require Resident Caretaker(s) to obtain
insurance reasonably sufficient in coverage, form and amount to provide
adequate protection against the kind and extent of risk which exists at the time
a change in insurance is required. City requirements shall be reasonable. City
retains the right to receive a certified copy of any required insurance policy
after 15 days notice to Resident Caretaker(s).
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5. Resident caretaker(s) must be well groomed with a high standard of attire that
is clean, neat and professional in appearance at all times. Resident
Caretaker(s) should wear name tags provided while performing facility or
program supervisory responsibilities.
6. The Resident Caretaker(s) will comply with all city, state and federal laws and
City policies regarding appropriate behavior while under contract. This
includes The City's Respectful Workplace Policy valuing respectfulness at all
City Facilities, and prohibits any form of discrimination and harassment that
would otherwise conflict with these values.
The Resident Caretaker(s) will conduct him/herself with the highest standards
of professional and ethical conduct.
Resident Caretaker(s) shall not, for personal benefit, use the name, emblem,
endorsement, services or property of the City, nor seek any financial
advantage or gain as the result of City affiliation. Resident Caretaker(s) may
not utilize any City affiliation in connection with the promotion of partisan
policies, religious matters or positions on any issue not in conformity with the
position of the City. Disclosure of confidential City information that is
available solely as a result of your Resident Caretaker efforts is prohibited.
8. Resident Caretaker(s) is responsible for monitoring their own work per week
and keeping accurate records. The City reserves the right to audit the Resident
Caretaker(s) hours. Misrepresentation of the hours worked or services
performed shall be grounds for immediate termination of this Agreement.
The Recreation Area Manager is responsible for conducting an evaluation and
review of the Resident Caretaker(s) adherence to the contract scope every
year.
9. It is the policy of the City to promote a safe work environment for all. In
support of this policy, the City takes the position that a threat of violence or
any violent act at Leo Carrillo Ranch Historic Park is in no way permitted.
All threats or acts of violence will be taken seriously and acted upon.
Personal safety is of paramount importance. The City never wants to put a
Resident Caretaker(s) in harms way. If you feel the situation is unsafe in any
way, please remove yourself from the danger. The Recreation Area Manager
is expected to educate and enforce the safety rules for all persons, including
Resident Caretaker(s) at Leo Carrillo Ranch Historic Park. If you are
unfamiliar with any City equipment or observe a safety hazard, please contact
the Recreation Area Manager. Safety is everyone's responsibility.
10. City will evaluate Resident Caretaker's duties pursuant to this Agreement to
determine whether disclosure under the Political Reform Act and City's
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Conflict of Interest Code is required of Resident Caretaker(s). Should it be
determined that disclosure is required, Resident Caretaker(s) will complete
and file with the City Clerk those schedules specified by City and contained in
the Statement of Economic Interests Form 700.
Resident Caretaker(s) warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this
Agreement. Resident Caretaker(s) further warrants that Resident Caretaker(s)
does not have any ancillary real property, business interests or income that
will be affected by this Agreement or, alternatively, that Resident Caretaker(s)
will file with the City an affidavit disclosing this interest.
11. Resident Caretaker(s) warrants that he/she possess sufficient strength and
stamina to lift, carry and manipulate objects weighing up to 25 pounds and to
perform sustained physical labor. Further that he/she is willing to work
outdoors in all weather conditions, and be exposed to potentially hazardous
conditions.
12. If at any time after the effective date of this Agreement, any Resident
Caretaker(s) who develops a condition or circumstance that might adversely
impact the performance of their duties should notify the Recreation Area
Manager immediately.
13. Resident Caretaker(s) is/are responsible for his/her own self employment and
income taxes that may be incurred as a result of this Agreement. For purposes
of federal and state income tax, the City will report to the federal and state
taxing authorities the fair market value of the Resident Caretaker's residence
and annual stipend as the total value of the compensation received by the
Resident Caretaker(s) under this Agreement.
14. Resident Caretaker(s) is/are responsible for his/her own benefits not otherwise
specifically provided for in this Agreement.
15. Termination.
Termination for Cause:
The City may terminate this Agreement for cause without any ability to cure a
breach. These grounds may include, but are not limited to:
• Substance abuse, stealing, physical and verbal abuse, weapons in the park,
or any criminal activity
• Performance, behavior or conduct incompatible with City goals, objectives
or mission.
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Termination for Noncompliance with Agreement:
The City may terminate this Agreement for noncompliance, upon written
notice of termination to the Resident Caretaker(s). Termination for
noncompliance includes without limitation, when the Resident Caretaker(s)
has failed to fulfill his/her obligations under this Agreement. In such an
event, said termination may either be effective immediately or City may, in its
sole discretion allow an opportunity for the Resident Caretaker(s) to cure the
breach within 5 days of the notice of termination. In the event of immediate
termination, Resident Caretaker(s) shall immediately vacate the City owned
residence located at 6200 Flying LC Lane, Carlsbad, CA, 92009. Examples of
noncompliance may include, but are not limited to:
• Ineffective/deficient work performance
• Inability to get along with staffer the public
• Inability to perform job
• Unexcused or extensive absences from the Property
Termination for Convenience:
This Agreement may be terminated for convenience by either party upon
giving the other party sixty (60) days written notice of termination. In such
event, all the rights and obligations of the parties shall terminate on the
termination date. Resident Caretaker(s) shall vacate the City owned residence
located at 6200 Flying LC Lane, Carlsbad, CA, 92009, by the date of
termination.
16. Upon termination of the Resident Caretaker(s)' status by either party, the
Resident Caretaker(s) shall vacate the residence on the Property
IMMEDIATELY WITHOUT FURTHER NOTICE. To vacate the residence,
the Resident Caretaker(s) shall remove all of his/her personal property and
move any personal vehicles out of the park. Any and all personal property not
removed by the Resident Caretaker(s) after termination may be disposed of by
the City pursuant to law.
17. The Resident Caretaker(s) acknowledges that:
(i) he/she is not a tenant of the City;
(ii) this Agreement does not convey an estate in real property;
(iii) his/her occupancy of the City owned residence in the park is
incidental to his/her status as a Resident Caretaker(s);
(iv) upon termination, the Resident Caretaker(s)' right to occupy the
residence on the Property is automatically terminated and
simultaneously surrendered without further notice or grounds; and.
(v) he/she is not entitled to any relocation benefits upon the
termination of Agreement.
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18. The Resident Caretaker(s) shall keep the residence and the surrounding
grounds adjacent to the residence clean and orderly at all times. This shall
include, but not be limited to the following:
• A neat, clutter-free interior and exterior, with Fire Code approved
accessibility and storage of household hazardous materials;
• Sanitary conditions within the interior and exterior, compliant with all
applicable Health Code provisions;
• Interior window coverings that do not permanently block natural light
or ventilation to the residence;
• A litter-free and debris-free exterior porch/patio, with proper
maintenance of all wood surfacing;
• A dirt and dust rinsed exterior, which will include all siding, doors,
and windows;
• A healthy, adequately watered, fertilized, and maintained exterior
landscape, and;
• The lack of storage of abandoned/inoperable vehicles, trailers,
equipment, or large tools on site.
19. The Resident Caretaker shall not keep any pets or other animals at the
residence or on the Property without first obtaining the written permission of
the Recreation Area Manager. Dogs are prohibited on park property (CMC §
11.32.030(23)).
20. The Resident Caretaker(s) shall not park or store a non-operable vehicle of
any kind at the residence or on the Property.
21. The Resident Caretaker(s) shall not have anyone living with him/her unless
the Resident Caretaker(s) first: (i) obtains the written permission of the
Recreation Area Manager for every person who will be living with the
Resident Caretaker(s); and (ii) every person who will be living with the
Resident Caretaker(s) signs an Acceptance of Non-Tenant Status.
22. All overnight guests visiting the site must be registered in advance with the
Recreation Area Manager. Overnight guests are limited to a maximum of 14
days each, per calendar year.
23. The Park's Conditional Use Permit (CUP) requires that designated quiet hours
must be observed. Quiet hours are 8:00 p.m. to 7:30 a.m. Sunday through
Thursday, and 10:00 p.m. to 7:30 a.m. on Friday and Saturday.
24. Resident Caretaker(s) shall be required to remain on the property 50 weeks
per year. Resident Caretaker(s) will provide a minimum of two weeks written
notice to the Recreation Area Manager as to the dates that the Resident
Caretaker will be off the Property.
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25. The Recreation Area Manager is responsible for conducting an evaluation and
review of the Resident Caretaker(s) adherence to the Agreement and scope of
work. This evaluation will be used, in part, to determine whether the
Agreement should be extended for an additional term.
26. The term of this Agreement shall be one year, from JO (01 ("2oo~l, through
^ (3o( Zoo0 This Agreement may be extended for two additional one
year terms so long as the parties execute a written amendment amending the
term of this Agreement.
/Resident Caretaker
esident Caretaker
reation Director
Manager for the City of Carlsbad
BALL, City Attorney
Deputy City Attorney
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State of
County of
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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WITNESS my hand and official seal.
Signature of Notary Public
D. EVANS
Comm. 11510280NOTARY PUBLIC-CALIFORNIACounty of SanDiMo
My Comm. Expires Sept. 1J,20M
(Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
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Number of Pages _J_ Document Date
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INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
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sufficient area permits, otherwise complete a different acknowledgment form.
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* Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
* Indicate title or type of attached document, number of pages and dale.
<• Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
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State of
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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personally appeared
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personally -known to me (or proved to me on the basis of satisfactory evidence) to be the person^ whose
name^mftwe- subscribed to the within instrument and acknowledged to me that(E^ke/thry executed the
same m^hp/h-er/theg authorized capacity(jss^ and that by/HpJ/kefl^tksir signature^ on the instrument the
personf^, or the entity upon behalf of- which the person^, acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
D. EVANS
Comm. 11510280
NOTARY PUBLIC-CA1IFORNIACounty of San DitgoMy Comm. Expires Sept. 18,2008
(Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
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(Title or description of,altached document)
(Title or description of attached document continued)
Number of Pages __[ _ Document Date[0
(Addiiional information)
CAPACITY CLAIMED BY THE SIGNER
-•J^ Individual (s)
D Corporate Officer
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(Title)
Partner(s)
Attorney-in-Fact
Trustee(s)
Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside oj California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something thai is illegal far a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signcr(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date (he acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the namc(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
WsheM»eyr is /«°e) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
•:- Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
*> Indicate tide or type of attached document, number of pages and date.
*> Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
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CITY OF CARLSBAD
RECREATION DEPARTMENT
LEO CARRILLO RANCH HISTORIC PARK
6200 Flying LC Lane
Carlsbad, CA 92009
ACKNOWLEDGEMENT OF INDEPENDENT CONTRACTOR
STATUS AGREEMENT
I, the undersignedagree and understand that any work I perform at Leo Carrillo
Ranch Historic Park ("Property") on behalf of the City of Carlsbad will be provided by
me as an independent contractor. I agree that I will not expect or receive any
compensation other than what is provided for in the License Agreement for Resident
Caretakers) Agreement that is concurrently signed herewith for performing such work. I
further understand and agree that my position as an independent contractor does not
constitute an employee-employer relationship with the City of Carlsbad and that I serve
at the discretion of the Director. I understand that I am not entitled to any relocation
benefits upon the termination of my independent contractor status and to the extent that
any relocations benefits are required under any applicable law, I hereby waive any and all
relocation benefits. I understand that as an independent contractor, I am responsible for
providing for all of my own needs, including without limitation, paying for my own
health and insurance benefits and all federal and state income taxes. In the event that my
spouse or significant other reside with me on the Property and is not designated as a joint
caretaker of the Property, I acknowledge that I am responsible as the sole caretaker of the
Property.
Printed Name of Independent Contractor
Sigpattiire ofjemt Independent Contractor
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qviuy
int IndPrinted Name of Joint Independent Contractor
Recreation Area Manager Date
CERTIFICATE OF EXEMPTION
FROM WORKERS COMPENSATION/ EMPLOYERS' LIABILITY INSURANCE
I, [insert name here], am the [title] of [name of company or corporation]. I hereby certify
that [name of company or corporation] has no employees and is not required by law to
maintain workers compensation or employers' liability insurance. Should [name of
company or corporation] employ any person during the term of the Agreement with the
City of Carlsbad for [description of project or work that is being contracted], then
workers compensation and employers' liability insurance will be obtained.
Executed on this 01 day of October . 20 07 . at Carlsbad . California.
Resident Caretaker/Independent Contractor
CITY ATTORNEY APPROVED VERSION 09.05.01
CERTIFICATE OF EXEMPTION
FROM WORKERS COMPENSATION/ EMPLOYERS' LIABILITY INSURANCE
I, [insert name here], am the [title] of [name of company or corporation]. I hereby certify
that [name of company or corporation] has no employees and is not required by law to
maintain workers compensation or employers' liability insurance. Should [name of
company or corporation] employ any person during the term of the Agreement with the
City of Carlsbad for [description of project or work that is being contracted], then
workers compensation and employers' liability insurance will be obtained.
Executed on this 01 day of October . 20 07 . at Carlsbad . California.
Jennifer Sawyer £/
resident Caretaker/Independent Contractor
CITY ATTORNEY APPROVED VERSION 09.05.01