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Home My WebLink AboutClayton White - 112315uric : t I��✓ �� JEFFERSON COUNTY CAMP HOST AGREEMENT AGREEMENT made between Clayton White, hereinafter referred to as the "Camp Host" and Jefferson County, State of Washington, hereinafter referred to as the "County". RECITALS: Camp Host is willing to enter into this Agreement with the County, and County is willing to retain the Personal Services of Camp Host, on the terms, covenants, and conditions set forth hereinafter. SECTION ONE — AGREEMENT. The County hereby retains the Personal Services of Clayton White, 293382 Hwy. 101, Quilcene, Washington, to serve as Camp Host of Quilcene County Campground located at 294964 Hwy. 101, Quilcene Washington. SECTION TWO — TERM OF AGREEMENT. The term of this agreement shall be a period of 12 months beginning November 23, 2015 and ending November 22, 2016 subject to prior termination as hereinafter provided. SECTION THREE — CAMP HOST BENEFITS. It is understood and agreed by both County and Camp Host that the Camp Host 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 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 Camp Host. SECTION FOUR — CAMP HOST'S INABILITY TO CONTRACT FOR THE COUNTY. Notwithstanding anything herein contained to the contrary, Camp Host 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 FIVE —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 SIX — 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 SEVEN — 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 Camp Host of any of the terms of this contract, County thereon may terminate this Camp Host Agreement with notice and with compensation only to the date of such termination. Upon written notice from the County to the Camp Host that the County intends to terminate this Agreement based upon the Camp Host's breach of this Agreement the Camp Host 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 Camp Host Agreement Page 1 of 6 County may prohibit the Camp Host from carrying out the day to day duties of the Camp Host described in this Agreement at anytime deemed necessary by the County. SECTION EIGHT — PHYSICAL DEMANDS. The physical demands described herein are representative of those that must be met by the Camp Host to successfully perform the essential functions of the Camp Host position. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the Camp Host's duties, the Camp Host is exposed to outside weather conditions. The Camp Host'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 NINE — 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 TEN — 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 regard 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 ELEVEN — DUTIES OF THE CAMP HOST. It is understood by both the County and the Camp Host that the Camp Host agrees to complete the duties listed in the Operations Plan set forth in Exhibit A in a conscientious and workmanlike manner. SECTION TWELVE — INTERVENTION POLICY. It shall be a condition of this Agreement that the Camp Host shall follow the Intervention Policy set forth in Exhibit B. The Camp Host shall be provided with not less than two (2) hours of training with respect to the County's Safety Policy. SECTION THIRTEEN — INDEMNIFICATION AND HOLD HARMLESS. Camp Host 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 Camp Host. 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 Camp Host, the Camp Host hereby agrees and covenants to appear and assume the defense thereof and to pay any and all costs, charges, attorney fees and Camp Host Agreement Page 2 of 6 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 Camp Host 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 FOURTEEN — ANTI -HARASSMENT AND DISCRIMINATION. It shall be a condition of this Agreement that the Camp Host comply with the Jefferson County Personnel Administration Manual, Appendix F Anti -Harassment Policy and Procedures. SECTION FIFTEEN — ETHICS. It shall be a condition of this Agreement that the Camp Host comply with the Jefferson County Personnel Administration Manual Chapter 11 (General Policies), Appendix B (Code of Ethics Policy and Procedures), Appendix C (Standards of Conduct Policy and Procedures), Appendix E (Alcohol and Drug Free Work Place Policy and Procedure), and Appendix F (Anti -Harassment Policy and Procedure). SECTION SIXTEEN — INSURANCE. Camp Host shall carry and shall provide proof of insurance with the following limits for the duration of this Agreement: 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 Camp Host for third party liability SECTION SEVENTEEN — BACKGROUND CHECK. The Camp Host shall successfully complete a multi -state criminal background check. Camp Host Agreement Page 3 of 6 IN WITNESS WHEREOF, the parties have executed this agreement at Port Townsend, Washington on this, the 2:32I day of /�"V1 .'{+ 20/S. COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Camp Host Signature AClay,tonPite Y-David§y'l� IivajqChair Member 1 1/ Kathleen Kler, Member Approved as to f only. David Alvarez Date De�ut� Prosecuting Attomey (fI �� (Z l .rs, P.E. Date Director/County Engineer Camp Host Agreement Page 4 of 6 EXHIBIT A Campground Operations Plan Quilcene Campground - Operations Plan Responsible Party Schedule Equipment Materials Comments Campground Operation Dates Open all Year County can substitute Campground Host Clayton White Daily See below See below when Camp Host is away Regular Weed eater, PPE required: Boots, Mowing/Weedeating/Volunteer Before opening and Mower and long pants, eye Landscaping on-going as needed Blower are protection, hearing stored on-site protection. Do not use around campers. Vault Toilet Cleaning 3 x per week (or Mop, Sponge. Broom. Dust Supplies pp Bloodborne pathogen & StockingVolunteer more often as pan.Rubber Provided by training required. needed gloves. County. Vault Toilet Pumping County (via Before opening and Volunteers to check contract) as needed Contractor Contractor and call County. Runs about $350/trip. Trash pick up and Volunteer Every other day or as Gloves, bags, Bags management needed. rake, "grabber" County (via County pays 50% of DumpsterService contract) 1xper week Contractor Contractor community center dumpster. Campfire Ring shovel, rake, Maintenance and Volunteer After weekend use grabber stored Check fire restrictions Cleaning typically on site in shed and post notices Signage County On-going Fee Collection County Ix per week Policy about camper Communicate rules Volunteer Fri/Sat. then every contact, and use of and camper questions other day appropriate attire and badge Intervention with Volunteers to follow uncooperative County Sheriff On call intervention policy. campers Review campground ordinance and policy. Miscellaneous Volunteer and Estimate $300/season. supplies and Count y As needed Paid from campground hardware fees. Camp Host Signature iclaytomite Date Camp Host Agreement Page 5 of 6 EXHIBIT B Jefferson County Parks and Recreation Caretaker and Camp Host Intervention Summary 1. The Caretaker and Camp — Host (the Host) may in a friendly manner: introduce self, greet and assist park visitors, answer questions and explain regulations in an open and friendly manner. The Host may distribute copies of maps, rules, and brochures, may assist in locating a campsite, will be familiar with points of interest, and location of services that might be of interest to the visitor. The Host may assist in park public relations, education activities and special events. The Host will wear their badge and at least one garment or cap with a Parks and Recreation Logo. 2. The Host will not attempt to discipline or apprehend any park user. Host 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. 3. The Host is to inform visitors of rules and regulations. If the campers seem cooperative, the Host can ask them to correct the situation in a friendly manner. If the campers do not comply after one friendly reminder or intervention, then the Host is prohibited from making any further contact with that visitor. The Host must keep in mind that they may not receive immediate response from law enforcement. 4. In the event of a hostile visitor, a visitor that makes the Host uncomfortable, or in an unpredictable situation, the Host will leave the situation immediately and contact the appropriate party. 5. If the visitor's vehicle or campsite is vacant and a rule is being violated, the Host may leave written notice, using the pre-printed notice book. Camp Host Signature �at�UClayto hite Camp Host Agreement Page 6 of 6 Department of Public Works O Consent Agenda 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/County Engineer/�_ Agenda Date: Monday, November 23, 2015 Subject: Camp Host Agreement for Quilcene County Campground Statement of Issue: Quilcene County Campground has been operated and maintained wholly by volunteers since 2011. The agreement with the previous camp host has expired. Clayton White has volunteered to serve as camp host for one year. A camp host agreement has been prepared and is ready for approval. The campground is open yearround. Analysis/Strategic Goals/Pro's It Con's: Quilcene County Campground and Day Use Park has a regional draw due to its accessible location on Hwy 101, close to the Hood Canal and services in the town of Quilcene. Park patrons enjoy the wooded campground, park shelter, playground, tennis and basketball courts, toilets, and camping facilities. Local businesses benefit from increased tourism. Fiscal Impact/Cost Benefit Analysis: Operation of the campground by volunteers is approximately cost neutral. Direct expenditures are roughly equal to campground revenue. Overhead costs are increased. An large added benefit is maintenance of the day use park which is regularly used. Recommendation: Review and approve the agreement and return two copies to Public Works. Department Contact: Matt Tyler, 385-9129 :Reieed By: ip MM orLeyTCounty Administrate Date CONTRACT REVIEW FORM CONTRACT WITH: Clayton White (Contractor/Consultant) CONTRACT FOR: Camp Host Services at Lake Leland TERM: Campground Nov 23, 2015 Nov 22, 2016 COUNTY DEPARTMENT: Public Works For More Information Contact: Matt Tyler OCT 3 0 2015 Contact Phone #: 360 385-9129 RETURN TO: Tina RETURN BY: Nov 16 2015 (Person in Denaltment) (Datel AMOUNT: Not Applicable PROCESS: Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds N/A N/A N/A N/A Exempt from Bid Proce Consultant Selection Pr Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ X Other Step 1: REVIEW BY T Review b Y r lPhilip M �,( Date Reviewed: -m" IYI APPROVED FORM Returned for revision ( ee omments) Comments rley Step 2: REVIEW BY P!=NCIORNEY Review by: David Al Date Reviewed: 1 1.0 ' APPROVED AS TO FORM Returned for revision (See Comme ts) Co ents tarez Step 3: (If required) DEPARTMENT MAKES REVISIONS AND RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 6 copies of Contract and Review Form with Agenda Bill to BOCC Office. Place "Sign Here' markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda. (This form is to stay with the contract throughout the contract review process and accompany the NOV 10 2015 JEF7-g80N COUNTY Bill.) - A I OHNE \\CASTLEHILL\Group\Publicworks\SUPPORIV Staff Folders\Matt ParksAakc Leland 2015\Contract Review Form Camp Host Agreement.docx rev. 12/10/2014