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HomeMy WebLinkAbout110915_ca06Department 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: November 9, 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 ft 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. Jefferson County pays for utilities in exchange for park supervision and maintenance. 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: p Morle Co ty Administr for Date JEFFERSON COUNTY CARETAKERS AGREEMENT AGREEMENT made between Ronald A. McFeron and Kathleen A. McFeron, hereinafter referred to as the "Caretakers" and Jefferson County, State of Washington, hereinafter referred to as the "County". RECITALS: Caretakers is 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 Ronald A. McFeron and Kathleen A. McFeron 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 November 1, 2015 and ending October 31, 2016; subject to prior termination as hereinafter provided. This agreement is renewable by mutual agreement of both parties. 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. The agreement is subject a six month trial period after which either party may terminate the agreement for any reason. 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'S 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. Caretakers Agreement Page 1 of 8 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 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's 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's duties, the Caretakers is exposed to outside weather conditions. The Caretakers's 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 Agreement Page 2 of 8 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 maybe 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 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 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. Caretakers Agreement Page 3 of 8 IN WITNESS WHEREOF, the parties have executed this agreement at Port Townsend, Washington on this, the day of , 20_ COUNTY OF JEFFERSON BOARD OF COMMISSIONERS David Sullivan, Chair Phil Johnson, Member Kathleen Kler, Member Approved as to form only. David Alvarez &I Date Deputy Prosecuting Attorney Mon R ' ers, P.E. Date Public Works Director/County Engineer Volunteers Signatures Date Date Caretakers Agreement Page 4 of 8 EXHIBIT A Jefferson County Volunteers Agreement for H.J. Carroll Park Duties of the Volunteers Supervise and monitor H.J. Carroll Park. Neither caretaker should hold a full time position outside of the park. Normal coming and going for errands or part time commitments is fine. Day trips, and overnights away from the park are fine with 48 hours notice, but should be limited to one trip per week, on the weekdays, and not on summer holidays. Periodic longer vacations not on summer holidays, of up to 7 days are encouraged with 30 days advance notice. Monitoring includes watching over the park and addressing issues as they arise. Supervision includes interacting with and educating park patrons, and contacting staff or law enforcement as needed. 2. Maintain designated Volunteers' area in a neat and orderly manner, e.g., mow the grass, weed and edge landscaped areas within the Volunteers' area. Empty garbage cans in the entire park on the weekends. Cans must be emptied prior to events, and must be monitored during events. All cans should be empty on Monday morning. Coordinate with staff to empty certain specific garbage cans during the weekdays as needed. 4. Clean restrooms daily on the weekends. Monitor restrooms during events. Restrooms will be cleaned on Sunday night or Monday morning. Coordinate_ with staff to clean the restrooms during the weekdays as needed. 5. Clean garbage including micro -trash and cigarette butts from the ground in the entire park daily. 6. Keep designated landscaped berm area free of weeds and debris, assist with weeding other areas in the spring. 7. Call the Jefferson County Sheriff or Jefferson County Parks and/or Recreation Staff if anything out of the ordinary is observed. 8. Working closely with parks maintenance staff to complete other duties as assigned on an as needed basis. Could include additional maintenance or assistance with projects. 9. Monitor the park reservation calendar. Clean, configure and prepare the facility for events as assigned. Welcome and orient event organizers as assigned. Be present and available to assist during events. Clean up and re -configure after each reservation. 10. 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. Caretakers Agreement Page 5 of 8 I I. Total weekly work load not including monitoring is 20 person hours per week. The total weekly work hours shall be reported to the County for Workers Compensation Insurance purposes. Volunteers shall provide this information once per 12. Report hours monthly in an emailed report. 13.Using the rate of $26.72/hour published by the Corporation for National and Community Service (www.volunteeringinamerica.gov), the value of the duties of the caretakers exceeds the value of the compensation to the caretaker of $8,268. Date H.J. Carroll Park Volunteers kA � �12- Date H.J. Carroll Park Volunteers Caretakers Agreement Page 6 of 8 Matt Tyler, M a er Date Jefferson County Parks and Recreation EXHIBIT B Jefferson County Volunteers Agreement for H.J. Carroll Park Compensation to the Volunteers As part of the agreement as Volunteers of H.J. Carroll Park, County shall provide for the Volunteers, and the Volunteers shall accept from the County, in full payment for Volunteers' services the following: 1. The designated Volunteers area on which to place and reside in his/her recreational vehicle or other portable structure. Volunteers' area is 7,250 square feet. An external storage shed is allowed but is not to exceed 100 square feet. Value: $400/month or $4,800 for the term of the agreement. 2. Volunteers may keep up to two vehicles used for regular transportation at the Volunteers' 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, electricity, water, septic, and garbage service. Value: propane; $75/month; electricity $75/month; water $35/month; septic $45/month; garbage $23/month or $3,036 for the term of the agreement. 4. Volunteers shall be responsible for providing his/her telephone carrier, long distance service, cable service, and Internet services as desired. WAVE cable broadband, high speed Internet and cable TV is installed and available on site. 5. Total value of compensation to Caretaker: $8,268 for the term of the agreement. Matt T ler Manag r Date J 2- — Vj `� I ] Date y H.J. Carroll Park Volunteers Jefferson County Pa s and Recreation Date H.J. Carroll Park Volunteers Caretakers Agreement Page 7 of 8 EXHIBIT C Jefferson County Volunteers Agreement for H.J. Carroll Park Intervention Policy 1. The Volunteers may in a friendly manner: introduce self, greet and assist park visitors, answer questions and explain regulations in an open and friendly manner. The Volunteers 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 Volunteers may assist in park public relations, education activities and special events. The Volunteers will wear their badge and at least one garment or cap with a Parks and Recreation Logo while interacting with the public. 2. The Volunteers will not attempt to discipline or apprehend any park user. Volunteers 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 Volunteers. 3. The Volunteers are to inform visitors of rules and regulations. If the park users seem cooperative, the Volunteers 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 Volunteers are prohibited from making any further contact with that visitor. The Volunteers 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 Volunteers uncomfortable in any way, or in any unpredictable situation, the Volunteers 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 Volunteers may leave written notice, using the pre-printed notice book. 6. Per the agreement, the Volunteers must follow County personnel policy including: SECTION SIXTEEN, ANTI -HARASSMENT AND DISCRIMINATION - Appendix F Anti -Harassment Policy and Procedures, and SECTION SEVENTEEN, ETHICS - Ap�ppeendix B Code of Ethics Policies and Procedures. Date Matt Tyler, Manager U L26te H.J. Carroll Park Volunteers / Jefferson County Parks and Recreation Date H.J. Carroll Park Volunteers Caretakers Agreement Page 8 of 8