Loading...
HomeMy WebLinkAbout031615_ca10Department of Public Works O Consent Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, Public Works Director Agenda Date: March 16th, 2015 Subject: Agreement for New Caretakers at H.J. Carroll Park Statement of Issue: New caretakers for HJ Carroll Park have been recruited. The caretakers serve under an agreement with Jefferson County. The agreement has been prepared and is ready for approval. Analysis /Strategic Goals /Pro's It Con's: H.J. Carroll Park is one of the most heavily used and significant recreational resources in the County. Studies show that parks have economic, health, safety, and environmental benefits. The caretakers program is highly successful at promoting the goals of the park. Fiscal Impact /Cost Benefit Analysis: The caretaker's site has been improved over the last several years. The caretakers pay for their own power, propane and phone, while Jefferson County pays for septic service and water. The caretakers provide an invaluable community service by helping to maintain and monitor the park. The benefits of this small investment far outweigh the costs. Recommendation: Approve the agreement and return three signed copies to Public Works. Department Contact: Matt Tyler. 385 -9129 Reviewed By: (111a4 ��, �< l lzl.� Morley, o ty Administ for Date JEFFERSON COUNTY CARETAKERS AGREEMENT AGREEMENT made between Courtland and Deborah Goetz hereinafter referred to as the "Caretakers" and Jefferson County, State of Washington, hereinafter referred to as the "County" RECITALS: Caretakers are willing to enter into this Agreement with the County, and County is willing to retain the Personal Services of Caretakers, on the terms, covenants, and conditions set forth hereinafter. SECTION ONE — AGREEMENT. The County hereby retains the Personal Services of Courtland and Deborah Goetz to serve as Caretakers of HJ Carroll County Park located at 9884 Rhody Drive, Chimacum, Washington. The duties of Caretakers: see EXHIBIT A. SECTION TWO — TERM OF AGREEMENT. The term of this agreement shall be a period of One year beginning March 26, 2015 and ending March 25, 2016; subject to prior termination as hereinafter provided. This agreement is renewable by mutual agreement of both parties two (2) additional times. The total duration of personal services at HJ Carroll Park by the Caretakers shall not exceed three years. 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. County shall provide for Caretakers, and Caretakers shall accept from the County, in full payment for Caretakers's services the following: see EXHIBIT B. SECTION FOUR — CARETAKERS BENEFITS. It is understood and agreed by both County and Caretakers that the Caretakers is an independent contractor with respect to the County and is not an employee of the County and 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. It is further agreed by the County to carry industrial insurance coverage on the Caretakers. SECTION FIVE — CARETAKERS' INABILITY TO CONTRACT FOR 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 SIX — AGREEMENTS OUTSIDE OF CONTRACT. This contract contains the complete agreement concerning the personal services agreement between the parties and shall, as of the effective date hereof, supersede all other agreements between the parties. SECTION SEVEN — MODIFICATION OF CONTRACT. No waiver or modification of this Agreement or of any covenant condition or limitation herein contained shall be valid unless in writing and duly executed by each party. SECTION EIGHT — 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 Caretakers Agreement Page l of 7 by the Caretakers of any of the terms of this contract, 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 the 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 NINE — PHYSICAL DEMANDS. The physical demands described herein 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 are 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 TEN — SEVERABILITY. All agreements and covenants contained herein are severable, and in the event of any of them with exception of those contained in Sections One and Three hereof, shall be held to be invalid by any competent court, this contract shall be interpreted as if such invalid agreements or covenants were not contained herein. SECTION ELEVEN — CHOICE OF LAW. It is the intention of the parties hereto that this Agreement and the performance hereunder and all suits and special proceedings hereunder be construed in accordance with and under and pursuant to the laws of the State of Washington and that in any action, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of Washington shall be applicable and shall govern to the exclusion of the law of any other forum, without regret to the jurisdiction in which any action of special proceeding may be instituted. Venue for any civil lawsuit arising from this lawsuit shall be the Superior Court of Jefferson County. SECTION TWELVE — DUTIES OF THE CARETAKERS. It is understood by both the County and the Caretakers that the Caretakers agrees to complete the duties listed in Exhibit A in a conscientious and workmanlike manner. SECTION THIRTEEN — SAFETY POLICY. It shall be a condition of this Agreement that the Caretakers shall follow all safety practices set forth in Jefferson County and the State of Washington. The Caretakers shall be provided with not less than two (2) hours of training with respect to the County's Safety Policy. Caretakers shall follow the Intervention Policy in Exhibit C. Caretakers Agreement Page 2 of 7 SECTION FOURTEEN — INDEMNIFICATION AND HOLD HARMLESS. Caretakers agrees and covenants to indemnify, defend, and save harmless the County and those persons who were, now are, or shall be duly elected or appointed officials or members or employees thereof, of the County, against and from any loss, damage, cost, charge, expense, liability claims, demand or judgment of whatsoever kind or nature whether to persons or property, arising wholly or partially out of any acts, action, neglect, omission, or default, on the part of the Caretakers. In case of suit or cause of action shall be brought against the County on the account any act, action, neglect, omission, or default on the part of the Caretakers, the Caretakers hereby agrees and covenants to appear and assume the defense thereof and to pay any and all costs, charges, attorney fees and other expenses, and any and all judgments that may be incurred or obtained against the County. In the event the County is required to institute legal action and or participate in legal action to enforce this indemnification and hold harmless clause, 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. 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 t Third party liability: Property damage: Personal injury protection: Uninsured/underinsured: he following amounts for their personal vehicles Not less than $100,0005300,000 Not less than $50,000 Not less than the statutory minimum Not less than is obtained by the Caretakers for third party liability 3. Renter's insurance in the amount of not less than $25,000. 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. SECTION SIXTEEN — ANTI - HARASSMENT AND DISCRIMINATION. It shall be a condition of this Agreement that the Caretakers comply with the Jefferson County Personnel Administration Manual, Appendix F Anti- Harassment Policy and Procedures. SECTION SEVENTEEN — ETHICS. It shall be a condition of this Agreement that the Caretakers comply with the Jefferson County Personnel Administration Manual, Appendix B Code of Ethics Policies and Procedures. SECTION EIGHTEEN- PERSONAL PROPERTY. All personal property belonging to the Caretakers shall be removed by the Caretakers by the end of the term of this agreement. Caretaker Agreement Page 3 of 7 IN WITNESS WHEREOF, the parties have executed this agreement at Port Townsend, Washington on this, the Caretakers Signatures � f ate Courtland Goetz 3 S Date Debbie Goetz day of Caretakers Agreement Page 4 of 7 an COUNTY OF JEFFERSON BOARD OF COMMISSIONERS David Sullivan, Chair Phil Johnson, Member Kathleen Kier, Member A roved as to rrn only. 3 VIE David Alvarez U Date Deputy Prosecuting Attorney • 'S Monte R ' , D a te Public Works Director /County Engineer EXHIBIT A Jefferson County Caretakers Agreement for H.J. Carroll Park Duties of the Caretakers 1. Supervise and monitor H.J. Carroll Park (normal coming and going at different hours is allowable, as long as no definite pattern is established). The Parks and Recreation Division must be notified by the Caretakers if the Caretakers are planning to be away from the park for more than a forty-eight (48) hour interval. Value: $1,450. 2. Maintain designated Caretakers' area in a neat and orderly manner, e.g., mow the grass, weed and edge landscaped areas within the Caretakers' area. Value: $360. 3. Assist staff in preventing the accumulation of litter and debris within the park, inspect restrooms, picnic shelter, kiosk and general park areas on a daily basis and report hazardous, vandalism or unsafe conditions to the Park and Recreation Division. Value: $950. 4. Keep designated landscaped berm area free of weeds and debris, assist with weeding other areas in the spring. Value $780. 5. Call the Jefferson County Sheriff or Jefferson County Parks and/or Recreation Staff if anything out of the ordinary is observed. Value $400. 6. Monitor the park reservation calendar and assist staff in preparing the park facilities for events. Clean up after each reservation. Value $1,104. 7. Accept and agree to the general supervision of the County Department of Public Works or designated representative of that agency and complies with stated duties of the Agreement and other duties as assigned to him/her from time to time. 8. Working closely with parks maintenance staff, complete other duties as assigned on an as needed basis. Value $884. 9. Total weekly work load will vary between 10 and 20 person hours per week according to the season and the usage of the park. The total weekly work hours shall be reported to the County for Workers Compensation Insurance purposes. Caretakers shall provide this information once per Month in an emailed report. 10. The total value o the caretakers' duties is $5,928 for th length of the agreement. d:-15 1/1S ate Matt Tyler, g Date H.J. C47011 Park Caretakers Jefferson County Pa s and Recreation 310 Date H.J. Carroll Park Caretakers Caretakers Agreement Page 5 of 7 EXHIBIT B Jefferson County Caretakers Agreement for H.J. Carroll Park Compensation to the Caretakers As part of the agreement as Caretakers of H.J. Carroll Park, County shall provide for the Caretakers, and the Caretakers shall accept from the County, in full payment for Caretakers' services the following: The designated Caretakers area on which to place and reside in his/her recreational vehicle. Caretakers' area is 7,250 square feet. Caretakers' recreational vehicle will be set up on a 24' X 24' concrete slab. Recreational vehicle shall be no bigger than 900 square feet; an exterior covered patio or porch shall not exceed 100 square feet and shall be physically attached to the recreational vehicle. An external storage shed is allowed but is not to exceed 100 square feet. Value: $350 /month or $4,200 for the term of the agreement. 2. Caretakers may keep up to two vehicles used for regular transportation at the Caretakers' site. Additional vehicles such as boats, motorcycles or other recreational vehicles may not be stored at the site. Value: $36 /month or $432 for the term of the agreement. 3. County shall provide at no expense: propane tank lease, water, septic and garbage service needed for one recreational vehicle. Value: tank lease $5 /month; water $35 /month; septic $45 /month; garbage $23 /month or $1,296 for the term of the agreement. 4. Caretakers shall contact the PUD to establish their own account as renters, and shall be responsible for their electrical utility bill. 5. Caretakers shall contact Sunshine Propane to establish their own account as renters, and shall be responsible for their propane bill. County is responsible for leasing the tank. Caretakers are charged the same commercial rate as all county propane purchases (lowest possible rate). 6. Caretakers shall be responsible for providing his/her telephone carrier, long distance service, cable service, and Internet services as desired. 7. Total value of compensation to Caretaker: $5,928 for the term of the agreement. 3A mate Mait Tyler, ManagW Date H.J. Carroll Park Caretakers Jefferson County Parks an Recreation Date H.J. Carroll Park Caretakers Caretakers Agreement Page 6 of 7 EXHIBIT C Jefferson County Caretakers Agreement for H.J. Carroll Park Intervention Policv 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 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. 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 are 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 are 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. /la t w 7 Vk/K ate Matt Tyler, Manager ate H.J. Carroll Park Caretakers Jefferson County Parks and Recreation I/ LLIET Date H.J. Carroll Park Caretakers Caretakers Agreement Page 7 of 7