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HomeMy WebLinkAboutCONSENT Gibbs Lake Caretaker Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Josh Peters,County Administrator From: Monte Reinders, Public Works Director/County Engineer Agenda Date: September 15, 2025 Subject: Gibbs Lake Park Caretaker Agreement Statement of Issue: The Gibbs Lake Caretakers' area has been converted into a much more useful and flexible space that includes a two acre public beach and picnic area, a maintenance and storage facility, and a caretakers' RV site with full hook ups.A widely advertised open public recruitment process completed over the last 45 days resulted in the successful selection of new caretakers.The caretakers' agreement has been prepared and is ready for approval by the BoCC. Analysis/Strategic Goals/Pro's&Con's: The Gibbs Lake Park caretakers partner with staff and other volunteers to maintain and supervise Gibbs Lake Park. Duties of the caretakers include trash pick-up and hauling, mowing, brushing, parking lot maintenance,trail maintenance,general park supervision, and building maintenance.The caretakers also provide trail information, natural interpretation,and safety guidelines to hikers, horse riders, swimmers, runners, bicyclists, bird watchers, and beach goers. In general the Jefferson County Parks and Recreation caretakers program is a long-running success. Fiscal Impact/Cost Benefit Analysis: The term of this agreement is a 31-week trial period.The caretakers will provide 20 hours per week of service valued at a total of$10,354. In exchange,the county will provide an RV Site with full hook-ups including septic,water, power, internet, and garbage service.The new public park space, RV site,and maintenance &storage facility are a major benefit to the entire community. Recommendation: Approve the agreement and return 3 signed copies to Public Works. Department Contact: Matt Tyler, 385-9129 Reviewed By: Pe5C,64,O /// Jos eters,County Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Aletia Bennett&Jonathan McMullen Contract No: pm)Joatc 07-6 Contract For: Gibbs Lake Park Caretakers Agreement Term: September 22,2025 to April 27,2026 COUNTY DEPARTMENT: Public Works,Parks and Recreation Contact Person: Matthew Tyler Contact Phone: 360-3135-9129 Contact email: mtyler@co.jetterson.wa.us AMOUNT: $10,354 PROCESS: _ Exempt from Bid Process Revenue: n/a _ Cooperative Purchase Expenditure: n/a _ Competitive Sealed Bid Matching Funds Required: n/a Small Works Roster Sources(s) of Matching Funds n/a _ Vendor List Bid Fund# n/a _ RFPorRFQ Munis Org/Obj n/a I Other: Recruitment Process APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: El N/A:a w f 'U"L. G Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. ?A,CERTIFIED: I N/A: a 'L"'ISignatu Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): 'Electronically approved by Risk Management on 9/4/2025. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 9/4/2025. Standard county caretakers agreement. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 JEFFERSON COUNTY CARETAKERS' AGREEMENT THIS CARETAKERS' AGREEMENT (this "Agreement") is made between Aletia Bennett & Jonathan McMullen (the "Caretakers"), and Jefferson County, State of Washington (the "County"). PURPOSE: The purpose of this Agreement is to provide the terms, covenants and conditions under which the Caretakers will provide services to the County at Gibbs Lake County Park, 981 Gibbs Lake Road, Chimacum, Washington(the"Facility"). SECTION ONE—DUTIES OF CARETAKERS. The duties of the Caretakers are listed on Exhibit A. The Caretakers shall perform the duties listed in Exhibit A in a conscientious and skillful manner. SECTION TWO—TERM OF AGREEMENT. The term of this Agreement shall be a period of 31 weeks beginning on the date that this agreement is approved and ending 31 weeks later, subject to earlier termination as provided in this Agreement. This Agreement is renewable by mutual agreement of both parties. Caretakers shall request in writing said renewal not less than sixty (60) days prior to the expiration of this Agreement. SECTION THREE—COMPENSATION TO CARETAKERS. The County shall provide payment for the items listed in Exhibit B, as full payment for Caretakers services. Services performed before the date this Agreement was signed are hereby ratified. SECTION FOUR—CARETAKERS ARE INDEPENDENT CONTRACTORS. The Caretakers is independent contractors with respect to the County and are not employees of the County. The Caretakers shall receive none of the benefits available to other Jefferson County employees, including but not limited to: vacation time, sick leave, personal holiday, medical insurance, dental insurance, vision insurance, etc. SECTION FIVE—INDUSTRIAL INSURANCE PROVIDED TO THE CARETAKERS. The County shall carry industrial insurance coverage on the Caretakers. SECTION SIX—CARETAKER LACK OF AUTHORITY TO ENTER INTO CONTRACTS ON BEHALF OF THE COUNTY. Notwithstanding anything herein contained to the contrary, Caretakers shall not have the right to make any contracts or commitments for or on behalf of the County without first obtaining the written consent of the County. SECTION SEVEN—ENTIRE AGREEMENT. No representation or promise not expressly contained in this Agreement has been made. The parties to this Agreement further acknowledge that they are not entering into this Agreement based on any promise or representation, expressed or implied, which is not expressly contained in this Agreement. This Agreement supersedes any prior agreement with respect to those subjects embraced within this Agreement. This Agreement memorializes the entire agreement of the parties. Caretakers Agreement Page 1 of 12 SECTION EIGHT—MODIFICATION OF THIS AGREEMENT. This Agreement may be amended or supplemented only by a writing that is signed by duly authorized representatives of all the parties. SECTION NINE—TERMINATION. This Agreement may be terminated by either party for any reason upon twenty-eight (28) day's written notice to the other. In the event of any violation by the Caretakers of any of the terms of this Agreement, the County thereon may terminate this Caretakers Agreement with notice and with compensation only to the date of such termination. Upon written notice from the County to the Caretakers that the County intends to terminate this Agreement based upon the Caretakers' breach of this Agreement the Caretakers shall have seven (7) days to cure or remedy the alleged breach to the satisfaction of the County's Public Works Department or that Department's designated representative. In the event of a severe breach of this Agreement as determined by that Department's designated representative, the County may prohibit the Caretakers from carrying out the day to day duties of the Caretakers described in this Agreement at anytime deemed necessary by the County. SECTION TEN—PHYSICAL DEMANDS. The physical demands described in this Agreement are representative of those that must be met by the Caretakers to successfully perform the essential functions of the Caretakers position. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the Caretakers' duties, the Caretakers is exposed to outside weather conditions. The Caretakers' duties require sufficient physical ability and mobility to perform heavy and light labor, occasionally lifting and/or moving objects up to 35 pounds. Tasks regularly include walking, standing, stooping, reaching, lifting, and repetitive motion. A good sense of smell, normal range of vision and hearing are required. Common eye, hand and finger dexterity is required for most essential functions. SECTION ELEVEN—SEVERABILITY. Provided it does not result in a material change in the terms of this Agreement, if any provision of this Agreement or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. SECTION TWELVE—CHOICE OF LAW, VENUE FOR DISPUTES AND LEGAL FEES. It is understood and agreed that this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed in accordance with the laws of the United States, the State of Washington and the County of Jefferson, as if applied to transactions entered into and to be performed wholly within Jefferson County, Washington between Jefferson County residents. No party shall argue or assert than any state law other than Washington law applies to the governance or construction of this Agreement. The venue for any legal action shall be solely in the appropriate state court in Jefferson County, Washington, subject to the venue provisions for actions against counties in RCW 36.01.050. Should either party bring any legal action, each party in such action shall bear the cost of its own attorney's fees and court costs. SECTION THIRTEEN—SAFETY POLICY. It shall be a condition of this Agreement that the Caretakers shall follow all relevant state and federal workplace safety requirements to include Caretakers Agreement Page 2 of 12 • compliance with the County's safety directives and polies. The Caretakers shall be provided with not less than two (2) hours of training with respect to the County's Safety Policy. SECTION FOURTEEN—INDEMNIFICATION AND HOLD HARMLESS. The Caretakers shall defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers (and their marital communities) harmless from any and all claims, injuries, damages, losses or suits including attorney's fees, arising out of or resulting from the acts, errors or omissions of the Caretakers in performance of this Agreement, except for injuries and damages caused by the sole negligence of the County. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Caretakers and the County, its officers, officials, employees, agents and volunteers (and their marital communities) the Caretakers' liability, including the duty and cost to defend, hereunder shall be only to the extent of the Caretakers' negligence. The Caretakers agrees to immediately notify Jefferson County in writing of any claim or suit against the County to which this paragraph applies. The indemnification provisions have been mutually negotiated between the parties. The obligations in this paragraph shall survive termination of this Agreement. SECTION FIFTEEN—INSURANCE. Caretakers shall carry and shall provide proof of insurance with the following limits for the duration of this Agreement: 1. General liability insurance with not less than the following limits of coverage: $500,000 combined single limit occurrence of bodily injury and property damage. This liability insurance policy shall have a forty-five (45) day cancellation notice in the event of termination or material modification of coverage. 2. Automobile liability insurance in the following amounts for their personal vehicles Third party liability: Not less than $100,000/$300,000 Property damage: Not less than $50,000 Personal injury protection: Not less than the statutory minimum Uninsured/underinsured: Not less than is obtained by the Caretakers for third party liability 3. "Renter's" insurance against loss or liability with respect to the Caretakers' residence. Said insurance policies will be primary to any insurance or self-insurance held by the County. The Caretakers shall maintain all required insurance policies in force from the time services commence until services are completed. Certificates, insurance policies, and endorsements expiring before completion of services shall be promptly replaced. Proof of insurance shall be in the form of a certificate of insurance naming the County as "additional insured." County shall be informed 45 days in advance of any change in insurance, policy limits, or carriers. Caretakers Agreement Page 3 of 12 Said insurance shall be primary to any insurance or self-insurance held by the County. Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any insurance policy the Caretakers shall provide to comply with this Agreement. The Caretakers' insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect all the parties and shall be primary coverage for all losses covered by the above-described insurance. It is further agreed by the parties that insurance companies issuing the Caretakers' insurance policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of insurance policy. SECTION SIXTEEN—PERSONNEL POLCIES. It shall be a condition of this Agreement that the Caretakers comply with the Jefferson County Personnel Administration Manual, including, but not limited to: 1. Appendix B - Code of Ethics Policies and Procedures; 2. Appendix C - Rules of Conduct Policies and Procedures; 3. Appendix E - Alcohol and Drug Free Workplace Policies and Procedures; 4. Appendix F - Anti-Harassment Policy Policies and Procedures; and, 5. Appendix G - Violence in the Workplace Policies and Procedures SECTION SEVENTEEN—PERSONAL PROPERTY. The Caretakers has use of one bay of the garage for personal use. The garage may not be used for any commercial purpose. The garage bay must be kept in a safe an organized fashion that enable access. No food, fuels, solvents, paint, fertilizer, pesticides, or other household hazardous chemicals may be stored in the garage. All items must be kept in neatly stacked bins, or on shelving provided by the Caretakers. The Caretakers my have a total of two passenger vehicles on-site. No boats, trailers (other than RV residence), ATV's, motorcycles or other vehicles may be stored on-site. All Caretakers personal property must be stored either in the Caretakers or RV, or in the Caretakers' garage bay. All property belonging to the Caretakers shall be removed by the Caretakers by the end of the term of this Agreement. SECTION EIGHTEEN—BACKGROUND CHECK. Prior to beginning the duties of this Agreement, the Caretakers shall be required to complete and pass a Washington State Patrol fingerprint identity and criminal history check. The County agrees to bear all reasonable costs incurred in the performance of this fingerprint identity and criminal history check. SECTION NINETEEN—SIGNATURES. The parties agree that separate copies of this Agreement may be signed by each of the parties and this Agreement will have the same force and effect as if all the parties had signed the original. The parties agree that facsimile and electronic signatures will have the same force and effect as original signatures. SECTION TWENTY—LIMITS ON WAIVERS OF DEFAULT. No consent by either party to, or waiver of, a breach by either party, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. No term or Caretakers Agreement Page 4 of 12 provision of this Agreement will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. SECTION TWENTY ONE—PUBLIC RECORDS ACT. Notwithstanding any provisions of this Agreement to the contrary, to the extent any record, including any electronic, audio, paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW (as may be amended), the Caretakers agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. The Caretakers also agrees that upon receipt of any written public record request, the Caretakers shall, within two business days, notify the County by providing a copy of the request per the notice provisions of this Agreement. This Agreement, once executed, will be a "public record" subject to production to a third party if it is requested pursuant to the Washington Public Records Act, Chapter 42.56 RCW (as may be amended). SECTION TWENTY TWO — PETS. The Caretakers may keep one dog which will be kept on a leash and prevented from creating a nuisance by barking. The dog must not interfere with any aspect of the park patrons described in this agreement. The Caretakers will not board any pet not belonging to the Caretakers for any period. The Caretakers may keep one cat which will be kept inside or on a leash at all times. SECTION TWENTY THREE-TRAINING REQUIREMENTS The Caretakers must participate in the following training programs which will be provided by the County at the County's expense: First Aid/CPR/AED, and Blood Borne Pathogen Safety. SECTION TWENTY FOUR-NO MODIFICATIONS. The Caretakers will not make modifications, repairs, improvements, or changes to any trail, building or other facility or resource in the park without prior written permission. (SIGNATURES ARE ON THE FOLLOWING PAGE) Caretakers Agreement Page 5 of 12 IN WITNESS WHEREOF,the Caretakers has executed this instrument on the day and year first below written, and the Board of County Commissioners has caused this instrument to be executed by and in the name of said County of Jefferson the day and year first above written. JEFFERSON COUNTY WASHINGTON CARETAKERS Board of County Commissioners Jefferson County, Washington By: By. , q "1 1c Heather Dudley Nolette, District 1 Date Signature Date Printed Name By: By: Heidi Eisenhour,District 2 Date igna e Date °" N(C 111u 1IC'i Printed Name By: Greg Brotherton, District 3 Date SEAL: ATTEST: Carolyn Galloway,CMC Date Clerk of the Board Approved as to form only: for 09/04/2025 hilip C. unsucker Date Chief Civil Deputy Prosecuting Attorney Caretakers Agreement Page 6 of 12 Jefferson County CARETAKERS' Agreement for Gibbs Lake Park EXHIBIT A Duties of the Caretakers 1. Gibbs Lake County Park includes the areas accessible by Gibbs Lake Road, as well as the "Silent Alder" area which is accessible by Beausite Lake Road as well as by the Silent Alder Trail. 2. Serve as vital team members within Jefferson County Parks and Recreation. Accept and agree to the general management of the Parks and Recreation Manager, and the supervision of the Parks Maintenance III Foreperson, or designated representative of that agency, and comply with stated duties of this Agreement, and other duties as assigned from time to time. Communicate regularly with supervisor: fill out timecard every workday; and submit it weekly on Mondays by 8am. Send timecard at the end of each week along with a short report via email on Mondays by 8am summarizing how the weekend went, any issues, and maintenance concerns or questions. 3. One or both Caretakers should be on-duty, and available to monitor, supervise and or work at the park throughout the entire day, five days per week. Short-term coming and going throughout on-duty days is expected and beneficial. The Caretakers are expected to be off-duty(either at the park or away from the park) on Tuesday and Wednesday of each week, during which time they will not complete any Caretakers service, including monitoring or supervision except in case of emergency. 4. Supervise, provide customer service, and monitor Gibbs Lake County Park in coordination with supervisor, on a self-directed basis. Monitoring includes watching over the park and addressing maintenance issues as they arise. Customer service includes establishing positive relationships with park users, providing information, assisting with issues as they arise, and making park users feel welcome, respected, and appreciated. Supervision includes interacting with and educating park patrons, and contacting staff or law enforcement as needed. Send Park Information Program (PIP) email and photo as needed according to the program description. 5. Within 30 days of the initiation of this agreement, the Caretakers may propose a vacation schedule of no more than 12 vacation days per year. The Parks and Recreation Manager has the authority to approve, deny, or modify the proposal based on the needs of the park, and the availability of staff. Modifications to the approved vacation schedule can be proposed no less than 30 days in advance and are also subject to the approval of the Parks and Recreation Manager. 6. Monitor the condition of the trails,parking lots, signs, kiosks, beaches, and buildings and report any maintenance or repair issues to park staff as soon as possible. Caretakers Agreement Page 7 of 12 7. Maintain designated Caretakers' area in a park-like, neat and orderly manner, e.g., mow the grass, weed and edge, and keep free of litter or accumulation of debris or excess belongings. 8. Conduct day to day maintenance of the well water system including adding salt to the water softener and changing the water filter. Record salt addition and water filter change. 9. Pick up litter within the park, inspect the kiosks and parking lots on a daily basis. Inspect the toilet once a day, and clean it two times per week. 10. Join a team of volunteers and staff to maintain the trails throughout the entire park. Maintenance activities may include: blowing or raking, string trimming the sides, cutting back brush, cleaning drains, or other maintenance. Caretakers may not use a chain saw but may use a hand saw to remove small downed trees or branches. 11. Maintain the both lake access areas, fisherman's area, water line road, sewer line road, parking lots, and well-house access road. This includes: remove branches, use blower or rake to clean, mowing, string trim, cutting back brush, removing garbage, repairing delineator logs, repairing fences or sign posts, maintaining the kiosk, stocking maps in kiosk, light landscaping, and other needed tasks. 12. Call the Jefferson County Sheriff or Jefferson County Parks and Recreation Staff as needed if anything out of the ordinary is observed or heard, but under no condition or situation will the Caretakers attempt to personally apprehend the person(s) so acting. 13. Caretakers shall not make any changes to the Caretakers' residence, garage, or other buildings, property or natural habitat including but not limited to: utility work, modification of walls or fixtures, changing landscaping, road construction or maintenance, and cutting of downed or standing wood without written permission from the Parks and Recreation Manager. 14. Other duties as assigned. 15. Total weekly workload not including passive monitoring is 20 person hours per week. The total weekly work hours shall be reported to the County for Workers Compensation Insurance purposes. Volunteers report hours monthly in an email or handwritten report. 16. Using the rate of$16.70/hour, the value of the duties of the Caretakers for 31 weeks is $10,354. See table below for detailed information. Caretakers Agreement Page 8 of 12 Gibbs Lake Caretakers Work Analysis Based on 31 Weeks Example Schedule- Duties Vary Seasonally Task Hours/Week Weeks Total Hours Value Park Monitor 2 31 62 $ 1,035 Clean Park and Vault Toilet 2 31 62 $ 1,035 Trash pick up Toilet cleaning Trail Maintenance Team 3 31 93 $ 1,553 General Park Maintenance 4 31 124 $ 2,071 Assigned areas Other Parks as Part of Team 8 31 248 $ 4,142 One 8 hour day per week Once/Month Project with Maint Team 1 31 31 $ 518 Special project at Gibbs Lake Park Total 20 620 $ 10,354 Hourly Rate Equivalent $ 16.70 (Average,seasonal variations occur) Caretakers Agreement Page 9 of 12 Jefferson County CARETAKERS Agreement for Gibbs Lake Park EXHIBIT B Provided to the Caretakers County shall provide for Caretakers, and Caretakers shall accept from the County, in exchange for Caretakers' services the following: 1. RV Site with garbage service, water, septic hook up, high speed internet service (scheduled for installation in October of 2025), and electrical hook up: $334/week for 31 weeks. 2. Total Compensation to the Caretakers: $10,354. See table below for more information. Gibbs Lake Caretakers Compensation Table Week 31 Week Term Caretakers area with one garage bay, power,water, septic hook-up,high speed internet services (scheduled for installation in October of 2025), garbage service and storage for 2 vehicles 334 $ 10,354 Total 334 $ 10,354 Caretakers Agreement Page 10 of 12 Jefferson County CARETAKERS Agreement for Gibbs Lake Park EXHIBIT C Intervention Policy 1. The Caretakers may in a friendly manner: introduce self, greet and assist park visitors, answer questions and explain regulations in an open and friendly manner. The Caretakers may distribute copies of maps, rules and brochures, may assist in locating a part of the park, will be familiar with points of interest and location of services that might be of interest to the visitor. The Caretakers may assist in park public relations, education activities and special events. The Caretakers will wear their county badge and at least one garment or cap with a Parks and Recreation Logo while interacting with the public. 2. The Caretakers will not attempt to discipline or apprehend any park user. The Caretakers will report any minor disturbance or breaking of rules to the Parks and Recreation Manager. Major issues, crime, or serious emergencies will be reported to the Jefferson County Sheriff directly. LAW ENFORCEMENT WILL BE DONE BY THE JEFFERSON COUNTY SHERIFF, not the Caretakers. 3. The Caretakers is to inform visitors of rules and regulations. If the park users seem cooperative, the Caretakers can ask them to correct the situation in a friendly manner. If the park users do not comply after one friendly reminder or intervention, then the Caretakers is prohibited from making any further contact with that visitor. The Caretakers must keep in mind that they may not receive immediate response from law enforcement. 4. In the event of an uncooperative visitor, a visitor that makes the Caretakers uncomfortable in any way, or in any unpredictable situation, the Caretakers will leave the situation immediately and contact the appropriate party. 5. If the visitor's vehicle is vacant and a rule is being violated, the Caretakers may leave written notice, using the pre-printed notice book. 6. Per the agreement, the Caretakers must follow County personnel policy including: SECTION SIXTEEN, ANTI-HARASSMENT AND DISCRIMINATION - Appendix F Anti-Harassment Policy and Procedures, and SECTION SEVENTEEN, ETHICS - Appendix B Code of Ethics Policies and Procedures. 7. A class 2 high visibility vest will be worn whenever Caretakers is on a road or in a parking lot. Caretakers Agreement Page 11 of 12 EXHIBIT D Jefferson County CARETAKERS Agreement for Gibbs Lake Park Maintenance Equipment, Supplies, and Expenses Provided by the County 1. Blower, string trimmer, mower. 2. Fuel, oil, and supplies to operate all power equipment owned by the County. 3. Maintenance of County owned power and manual equipment. 4. Personal protective equipment required for park maintenance work. 5. Hand tools. 6. Supplies required for the freshwater supply system including water softener supplies and filters. Caretakers Agreement Page 12 of 12