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HomeMy WebLinkAboutCONSENT HJ Carroll Park caretakers Department of Public Works O Consent Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Josh Peters, County Administrator From: Eric Kuzma, Public Works Director Agenda Date: June 22, 2026 Subject: HJ Carroll Park Caretaker Agreement Statement of Issue: The existing HJ Carroll Caretakers are moving on to other pursuits after an excellent tenure in service of HJ Carroll Park. They have done outstanding work and will be missed. New caretakers were recruited through an open public process that included widespread advertising and careful consideration by a staff committee. A caretaker agreement with the successful candidates has been prepared and is ready for approval by the BoCC. Analysis/Strategic Goals/Pro's £t Con's: Use of HJ Carroll Park continues to grow. Popular activities include disk golf, the JUMP! playground, events of all kinds, soccer Et softball, basketball, fitness, and enjoying the creek. Local schools regularly use the park for educational activities. The caretaker program provides extensive supervision and maintenance for HJ Carroll Park including daily restroom check and clean, trash pick-up, and supervision of events and facilities for example. The caretakers also play an important role in the safety and security of the park through monitoring and partnering with law enforcement. Fiscal Impact/Cost Benefit Analysis: This 53-week agreement is for park services valued at $17,702. These services are provided in exchange for the use of the caretaker RV site including utilities, of equal value. The caretaker's services are critical to the operation of the park, and include monitoring, supervision, education, maintenance, and event management. Recommendation: Approve the agreement and return to Public Works. Department Contact: Matt Tyler. 385-9129 Reviewed By: 606) 34 Joss County Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) ��//0� CONTRACT WITH: Melissa and Jeffrey Slone Contract No:F��` k r/ Contract For: HJ Carroll Park Caretaker Services Term: July 1, 2026 to July 7, 2027 COUNTY DEPARTMENT: Public Works Contact Person: Matt Tyler Contact Phone: 360-385-9129 Contact email: mtyler@co.jefferson.wa.us AMOUNT: $17,702 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 _ RFP or RFQ Munis Org/Obj N/A ✓ Other: Recruitment/Selection APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: ® N/A:�■ A \ 1��- G 1 e 1 Z t 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. r IcS IL6 CERTIFIED: FT N/A: VV\ v.1fit �zt3 Signature Date 1STE 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 6/16/2026. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserliche): Electronically approved as to form by PAO on 6/12/2026. PAO revised Contract; DPA Luther approved on 06-12-206. 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 Melissa and Jeffrey Slone(collectively as "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 HJ Carroll Park located at 9884 Rhody Drive, Chimacum, Washington (the "Facility"). SECTION ONE—CARETAKERS AS INDIVIDUALS AND AS COLLECTIVE. Unless otherwise specified herein,whenever this agreement refers to"Caretaker(s)"it shall be understood that the reference is to both Melissa and Jeffrey Slone in their independent and collective capacity(ies) as Caretakers. Any duty, responsibility, or obligation under this Agreement shall be shared jointly and severally by the Caretakers. Any breach by either Caretaker, even if the other is not aware of, did not consent to, and/or did not participate in said breach, shall be considered a breach by the Caretakers as a collective. Wherever this agreement requires the written consent of the Caretakers, such written consent shall require the signatures of both Melissa and Jeffrey Slone. SECTION TWO—DUTIES OF CARETAKERS. The duties of the Caretakers are listed in Exhibit A and restrictions/directives on the Caretaker's interactions with park users and emergency situations are contained in Exhibit C. The Caretakers shall perform the duties listed in Exhibit A in a conscientious and workmanlike manner and shall respect and abide by the directives set forth in Exhibit C. SECTION THREE—TERM OF AGREEMENT. The term of this Agreement shall be a period of fifty-three(53)weeks beginning July 1, 2026 and ending July 7, 2027, subject to early termination as provided in this Agreement. This Agreement is renewable by mutual, written assent of the Caretakers and the County. The total duration of personal services at the Facility by the Caretakers shall not exceed three (3) years. At least 60 days prior to the expiration of this Agreement, the County shall provide to Caretakers with an Amendment to extend this Agreement for one(1)year. In that Amendment, the County may accept the terms of compensation as they are herein memorialized or amend the terms of compensation. Nothing in this Agreement shall be interpreted to prevent the parties from negotiating new terms or Amending this Agreement by mutual consent of the parties. SECTION FOUR—COMPENSATION TO CARETAKERS. The County shall provide for the items listed in Exhibit BS as full payment for Caretakers' services. Services performed before the date this Agreement was signed are hereby ratified. SECTION FIVE—INDEPENDENT CONTRACTORS. Caretakers shall be considered independent contractors with respect to the County and shall not be considered employees of the County.The Caretakers shall receive none of the benefits available to Jefferson County employees, including but not limited to: vacation time, sick leave, personal holiday,medical insurance, dental insurance, vision insurance, etc. Caretakers Agreement Page 1 of 11 SECTION SIX—INDUSTRIAL INSURANCE PROVIDED TO CARETAKERS. The County shall carry industrial insurance coverage on the Caretakers. SECTION SEVEN—CARETAKERS' LACK OF AUTHORITY TO ENTER INTO CONTRACTS ON BEHALF OF THE COUNTY.Neither in their individual or collective capacity shall the Caretakers enter into any contract or agreement, written or oral, for or on behalf of the County without first obtaining the written consent of the County. SECTION EIGHT—ENTIRE AGREEMENT. The parties to this Agreement acknowledge that they are not entering into this Agreement based on any express or implied promise or representation,by any person,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. If any term or provision of this Agreement is determined to be ambiguous, such term or provision shall be interpreted in a manner that seeks to execute the overall intent of this Agreement. SECTION NINE—MODIFICATION OF THIS AGREEMENT. This Agreement, including any extension of the operative dates of the Agreement, may be amended or supplemented only by a writing that is signed by the Board of County Commissioners and by the Caretakers. Nothing in this section shall be interpreted to limit or modify the requirements for modification, where such terms are explicitly set forth in other Sections of this Agreement. SECTION TEN—TERMINATION. This Agreement may be terminated by the County or the Caretakers for any reason upon sixty (60) day's written notice to the other. Nothing in this section shall limit the County's ability to terminate for other reasons and under a shortened timeline,where such reasons are explicitly set forth in other Sections. SECTION ELEVEN—BREACH. Any breach of this Agreement by the Caretakers shall be resolved via the procedures set forth in this Section Eleven. In the event that the Caretakers are in breach, the County shall, as soon as reasonably possible after it becomes aware of the breach, provide Caretakers with written notice of the breach and a demand that the Caretakers take action to cure the breach or mitigate the harm caused by the breach within a reasonable, defined period of time. If Caretakers fail to follow County's written directive to cure or mitigate the breach within the defined period of time, County shall have the option of immediately terminating this Agreement and demanding that Caretakers immediately remove their possessions from the premises after receiving a written Notice of Termination and Order to Vacate. In the event that the head of the Public Work's Department determines that any breach by the Caretakers is of such a nature and severity that maintaining the Caretaker's authority or right of access to the subject property under this Agreement is likely to create a risk to public safety,expose the County to legal liability, and/or cause the County to come into disrepute with the public, the County may prohibit the Caretakers from carrying out their day-to-day duties under this Agreement. Where such a severe breach occurs, the head of Public Works may require the Caretakers to vacate the subject property (if after hours) and may immediately suspend this Agreement for a period of time sufficient to investigate the veracity of any claim made against the Caretakers by any party. Written notice of the nature of the claim and the breach shall be provided Caretakers Agreement Page 2 of 11 to the Caretakers along with any instruction to vacate the property or suspend their activities under this Agreement. Termination of this Agreement for breach shall not prevent or limit the Caretakers from accessing the subject property or any other government service or facility which is their right to access as citizens of the United States and the state of Washington. SECTION TWELVE—PHYSICAL DEMANDS. This Agreement complies with the Americans with Disabilities Act of 1990 ("ADA"), as Amended. Caretakers acknowledge that the nature of the work which they agree to perform under this Agreement contains a substantial physical component. A description of such physical work is contained in Exhibit A, Exhibit C, and elsewhere in this Agreement. Caretakers acknowledge and agree that while performing their duties they will: be exposed to outside weather conditions, engage in heavy & light labor tasks, be required to lift and move objects up to fifty (50) pounds, frequently be required to walk, stand, stoop,reach for&lift heavy items, and engage in activities requiring repetitive motion. Caretakers represent that they possess a good sense of smell, a normal range of vision, no significant hearing problems, and normal eye, hand, and finger dexterity. Caretakers have not requested any reasonable accommodations based upon an existing disability at the execution of this Agreement. Caretakers agree that should they be diagnosed with a physical, mental, or behavioral condition that meets the ADA's description of disability,that they shall, as soon as reasonably possible, alert the County to such disability, provide the County with a letter or note from a licensed physician or nurse practitioner describing the disability and the limitations on the Caretaker's physical or mental capabilities. Upon receipt of the disability letter, the County shall attempt to make all reasonable accommodations to the nature and scope of work described herein to accommodate the Caretaker's disability, however if the County is unable to make reasonable accommodations, the County shall have the right to terminate or propose modifications to this Agreement upon thirty (30) days written notice. SECTION THIRTEEN—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 FOURTEEN—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. Caretakers Agreement Page 3 of 11 SECTION FIFTEEN—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 compliance with the County's safety directives and policies. The Caretakers shall be provided with not less than two (2)hours of training with respect to the County's Safety Policy. SECTION SIXTEEN—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 agree 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 SEVENTEEN—INSURANCE. The 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. Motor home insurance (actual cash value) and "Homeowner's" or "Renter's" insurance against loss or liability with respect to the Caretakers' mobile residences. 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 4 of 11 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 EIGHTEEN—PERSONNEL POLICIES. 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 NINETEEN—PERSONAL PROPERTY. All personal property belonging to the Caretakers shall be removed by the Caretakers by the end of the term of this Agreement. SECTION TWENTY—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 TWENTY-ONE—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-TWO—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 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-THREE—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 Caretakers Agreement Page 5 of 11 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). IN WITNESS WHEREOF, the Caretakers and the Board of County Commissioners, by and in the name of Jefferson County, have caused this instrument to be executed on the date set forth below and by their signatures do register eir intent to be bound by this Agreement. DATE OF EXECUTION on this the day of JUNE, 2026 JEFFERSON COUNTY CARETAKERS: BOARD OF COMMISSIONERS: 24 VMelissa Slone Da•• Heather Dudley-Nolette, Commissioner AO - V ". e . ►ate Heidi Eisenhour, Commissioner ajo Greg :rot'-rton, Commissioner 14 6K Eric z uzma Date Public Works Director rm. App • o only: 0411f It�� 06-12-2026 Jeremi.1 B. uther Date Deputy Prosecuting Attorney Caretakers Agreement Page 6 of 11 EXHIBIT A Jefferson County Duties of the Caretakers See the table below for the value of each duty. 1. 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 with events or park-users, and maintenance concerns or questions. 2. 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, this generally includes official Holidays unless prior arrangements are made. 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. 3. Within 30 days of the initiation of this agreement, the Caretakers may propose a vacation schedule of no more than 12 vacation days. 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 must be proposed no less than thirty (30) days in advance and are also subject to the approval of the Parks and Recreation Manager. 4. Supervise, provide customer service, and monitor all areas of H.J. Carroll 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. 5. Maintain designated Caretakers' area in a neat and orderly manner, e.g., mow the grass,weed and edge landscaped areas within the Caretakers' area in coordination with supervisor, on a self-directed basis. Modifications to the Caretakers area such as placing decorations on the fence, changing the landscaping, or altering utility hook-ups are not allowed. 6. Clean all garbage off the ground on a daily basis. Empty garbage cans in the entire park as needed. Garbage cans should be emptied the day before the dumpster is emptied (Thursdays), and on Monday for the start of the week. Cans must be emptied prior to events and between events. Garbage cans must be monitored during events and emptied as needed. Caretakers Agreement Page 7 of 11 7. Clean garbage from Chimacum Park once/week, and from both sides of the highway between Chimacum Park and HJ Carroll Park once/month. 8. Complete a thorough restroom cleaning on Monday mornings. Additional thorough restroom cleaning may be required either occasionally or on a regular basis due to staffing issues, events, or seasonal increases in park use. Monitor restrooms every working day based on park use levels, and do cursory cleaning including sweeping, stocking and wiping of surfaces, as needed, and every work-day evening just before the restrooms are locked. 9. Provide four hours of varied maintenance work per week based on direction by staff. Maintenance work may include, but is not limited to: weeding, mulching, pruning, pressure washing, string trimming, surfacing, hedge trimming, mowing, repairing fencing, cleaning, painting; and minor building maintenance and repair. 10. Check the park reservation calendar every evening. Based on the park reservation calendar, post on the reservation sandwich board, configure and prepare the facility for events, welcome and orient event organizers as needed,and be available to assist before and during events. Passively supervise events for rule compliance and provide education and guidance as needed. Clean up and re-configure after each event. 11. The total value of the Caretakers' duties is $17,702 for the term of this Agreement. Hi Carroll Work Analysis Based on 53 Weeks Task Hours/Week Weeks Total Hours Value Park Monitor General customer service 3 53 159 $ 2,655 Park patron relationships and education Clean Garbage and Empty Cans 4 53 212 $ 3,540 Empty garbage cans Clean garbage from ground daily Monitor garbage during events Restroom Cleaning 3 53 159 $ 2,655 1/day,usually on weekends Maintain Caretakers Area 1 53 53 $ 885 Mow seasonally Maintain landscaping Scheduled Maintenance Work 5 53 265 $ 4,426 Landscaping Painting and improvements Repairs&miscellaneous Reservations and Events 4 53 212 $ 3,540 Monitor park calendar Set up for events Support during events Clean up after events Total 20 1060 $ 17,702 Hourly Rate Equivalent $ 16.70 (Average,seasonal variations occur) $17,702.00 Caretakers Agreement Page 8 of 11 EXHIBIT B Jefferson County Compensation to the Caretakers As part of this Agreement as the Caretakers of the Park, County shall provide for the Caretakers, and the Caretakers shall accept from the County, in full payment for Caretakers' services the following(refer to tables below for values): 1. Fenced Caretakers' area with yard, gated access drive, and shed, on which to place and reside in their recreational vehicle, tiny home, or other portable structure. Caretakers' area is 7,250 square feet. An external storage shed is allowed, but is not to exceed 100 square feet. 2. Caretakers may keep up to two (2) vehicles used for regular transportation at the Caretakers' site. Additional vehicles such as boats, utility trailers, or other recreational vehicles may not be stored at the site. 3. County shall provide at no expense: broadband wi-fi internet access, propane, electricity, water, septic, and trash service. 4. Total value of compensation to Caretakers: $17,702 for the term of this Agreement. See table for details. HJ Carroll Caretakers Compensation Table Week 53 Week Term Caretakers area with fence,gated private entrance, small storage shed,yard, power,propane,water, private broadband internet,garbage service and storage for 2 vehicles 334 $ 17,702 Total 334 $ 17,702 Caretakers Agreement Page 9 of 11 EXHIBIT C Jefferson County Intervention & Prohibition on Firearms Policy LAW ENFORCEMENT WILL BE DONE BY THE JEFFERSON COUNTY SHERIFF, NOT THE CARETAKERS 1. The Caretakers may in a friendly manner: introduce themselves, greet and assist park visitors, answer questions, and explain regulations in an open manner. The Caretakers may distribute copies of maps, rules and brochures, may assist in locating a part of the park, and 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 badges and at least one garment or cap with a Parks and Recreation Logo while interacting with the public. 2. While on duty, the Caretaker shall not have upon his/her person a firearm or other deadly weapon. Non-firearm items necessary for carrying out work related obligations under this contract,though they may have the capacity to cause serious injury, shall not be considered deadly weapons so long as the Contractor possesses or displays them while in the regular course of carrying out Contractor's work related obligations. 3. The Caretakers shall not attempt to physically restrain, immobilize, or restrict the movements of any park user and/or their vehicle. The Caretakers shall not use profane, vulgar, racial or mysogynistic language when interacting with park users. The Caretakers shall not use language inviting or promoting a physical confrontation between Caretakers and any other person while on duty or while on the subject property. 4. In the event that a Caretaker witnesses a person a violating park rule, and if such violation does not: a) place the safety of another person at risk or b) involve the defacing or desruction of park property, then the Caretaker may verbally intervene by way of reminding the park user of the rule and requesting that the park user comply with the rule. If,after being reminded of the rule, the park user refuses to comply, the Caretaker shall not attempt to confront the park user a subsequent time. Rather,the Caretaker shall document the interaction,noting the time, date, and place of the events, describe what the Caretaker observed,describe the Caretaker's interaction with the park user,and provide a physical description of the individual or individuals the Caretaker interacted with. This report shall be provided to the Parks and Recreation Manager as soon as reasonably possible. 5. In the event that a Caretaker witnesses,or is made aware of, a potential criminal act (including the defacing or desctruction of park property) the Caretaker shall quickly alert law enforcement. If the Caretaker is aware that the physical health and/or safety of any person is at risk for any reason, the Caretaker shall immediately call Emergency 9-1-1 and alert law enforcement to the situation. 6. If the Caretaker is aware that a park user may be ingesting alcohol (in violation of park policy requiring a permit) and/or using illegal drugs or that a park user appears to be under the influence of alcohol and/or any drug to the extent that the safety of any person (including the person under the influence)is at risk,the Caretaker shall immediately alert law enforcement to the Caretakers Agreement Page 10 of 11 situation. The Caretaker shall not approach or confront the intoxicated park user. If necessary for the safety of others, the Caretaker shall alert other park users to the situation and ask that they not approach the individual. 7. The Caretakers shall never approach a vehicle after dark. A light may be shone on the vehicle from a significant distance. 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. If the Caretaker observes any person occupying a vehicle inside park grounds after the park is closed to the public, the Caretaker shall immediately alert law enforcement. 8. Nothing in this Agreement or this Exhibit C shall be interpreted to limit or impede a Caretaker's right, under the law, to engage in reasonable belief self-defense and/or reasonable belief defense of others. Likewise,nothing in this Agreement or this Exhibit C shall be interpreted to create a higher or greater duty in a Caretaker to physically intervene or place the Caretaker's personal safety at greater risk in an emergency situation than that duty imposed by statute or the common law on a reasonable person acting in the Caretaker's position. 9. In addition to any reporting duty required under the previous sections,the Caretaker shall document and create an incident report for any interaction the Caretaker has with any person under Sections 3, 4, 5, 6, and 7. 10. Per this 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. A copy of the personnell policy shall be provided to Caretakers upon execution of this Agreement. Caretakers Agreement Page 11 of 11