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HomeMy WebLinkAboutCher West-Albright - 020816JEFFERSON COUNTY CARETAKER AGREEMENT --" � . -?o al, AGREEMENT made between CHER WEST-ALBRIGHT, hereinafter referred to as the "Caretaker" and Jefferson County, State of Washington, hereinafter referred to as the "County". RECITALS: Caretaker is willing to enter into this Agreement with the County, and County is willing to retain the Personal Services of Caretaker, on the terms, covenants, and conditions set forth hereinafter. SECTION ONE — AGREEMENT. The County hereby retains the Personal Services of Cher West -Albright to serve as Caretaker of Gibbs Lake County Park located at 981 Gibbs Lake Road, Chimacum, Washington. The duties of Caretaker: see EXHIBIT A. SECTION TWO — TERM OF AGREEMENT. The term of this agreement shall be a period of two years beginning March 3, 2016 and ending March 2, 2018; subject to prior termination as hereinafter provided. SECTION THREE — COMPENSATION TO CARETAKER. County shall provide for Caretaker, and Caretaker shall accept from the County, in full payment for Caretaker's services the following: see EXHIBIT B. SECTION FOUR — CARETAKER BENEFITS. It is understood and agreed by both County and Caretaker that the Caretaker 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 Caretaker. SECTION FIVE — CARETAKER'S INABILITY TO CONTRACT FOR THE COUNTY. Notwithstanding anything herein contained to the contrary, Caretaker 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 by the Caretaker of any of the terms of this contract, County thereon may terminate this Caretaker Agreement with notice and with compensation only to the date of such termination. Upon written notice from the County to the Caretaker that the County intends to terminate this Caretaker Agreement Page 1 of 9 Agreement based upon the Caretaker's breach of this Agreement the Caretaker 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 Caretaker from carrying out the day to day duties of the Caretaker 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 Caretaker to successfully perform the essential functions of the Caretaker position. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the Caretaker's duties, the Caretaker is exposed to outside weather conditions. The Caretaker'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 CARETAKER. It is understood by both the County and the Caretaker that the Caretaker 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 Caretaker shall follow all safety practices set forth in Jefferson County and the State of Washington. The Caretaker 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. Caretaker 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 Caretaker Agreement Page 2 of 9 out of any acts, action, neglect, omission, or default, on the part of the Caretaker. 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 Caretaker, the Caretaker 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 Caretaker 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. Caretaker shall carry and shall provide proof of insurance with the following limits for the duration of this Agreement: 1. General liability insurance 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 Caretaker for third party liability 3. Renter's (or contents) 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 Caretaker 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 Caretaker 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 Caretaker shall be removed by the Caretaker by the end of the term of this agreement. SECTION NINETEEN - NONDISCRIMINATION. The Caretaker will not discriminate against any person in performance of the Caretaker's obligations under this Agreement on the basis of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical Caretaker Agreement Page 3 of 9 disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification. SECTION TWENTY - PERSONNEL POLICY. It shall be a condition of this Agreement that the Caretaker comply with the personnel policies of the Jefferson County Personnel Administration Manual including, but not limited to, the following: i. Appendix B - Code of Ethics Policies and Procedures; ii. Appendix C - Rules of Conduct Policies and Procedures; iii. Appendix E - Alcohol and Drug Free Workplace Policies and Procedures; iv. Appendix F - Anti -Harassment Policy Policies and Procedures; and V. Appendix G - Violence in the Workplace Policies and Procedures SECTION TWENTY ONE - BACKGROUND CHECK. Prior to becoming a designated Caretaker and beginning the duties of this Agreement, the Caretaker shall be required to complete and pass a criminal history background check; and the Caretaker shall also be required to submit and pass review of a current ten-year Department of Licensing Complete Abstract Driving Record obtained and provided by the Caretaker at their own expense. Caretaker Agreement Page 4 of 9 IN WITNESS WHEREOF, the parties have executed this agreement at Port Townsend, Washington on this, the _i !' day of et, a ca w , 20 1 Caretaker (Print) C y Caretaker's Signature i/zV'Aat(, Date Caretaker Agreement Page 5 of 9 COUNTY OF JEFFERSON BOARD OF COMMISSIONERS i Kathleen Kler, Chair 6Xas&14t ey c e Phil Johnse , ember Davi W. Sullivan, Member Ap roved as 04X only. David Alvarez Date Deputy Prosecuting Attorney 2 Mon Binders, P.E. ate Public Works Director/County Engineer Jefferson County Caretaker Agreement for Gibbs Lake Park EXHIBIT A Duties of the Caretaker Be at the Gibbs Lake Park site during hours of darkness and on weekends (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 Caretaker if the Caretaker is planning to be away from the park for more than a forty-eight (48) hour interval. 2. The Caretaker area is the area immediately surrounding the Caretaker house, garage, driveway, and dock. 3. Maintain designated Caretaker area in a neat and orderly manner, e.g., mow the grass, weed and edge, and keep free of litter or accumulation of debris. 4. Caretaker has use of the Caretaker house, garage, Caretaker dock, and boathouse. 5. Outside, Caretaker may store two working vehicles, one boat on a trailer, kayaks, canoes, and bicycles. Firewood must be stored in and organized fashion. All other equipment - for example lawnmowers, ladders, non-functioning vehicles, and tires must be stored inside the Caretaker house, garage, or boathouse or disposed of. 6. Prevent the accumulation of litter and debris within the park, inspect and clean the restrooms, kiosks and parking lots on a daily basis and report vandalism, hazardous, or unsafe conditions to the Parks and Recreation Division. 7. Using a backpack blower or a rake, clean the park trails of leaves and small branches on an as needed basis. Inspect the trails for blockages by downed trees as needed and report immediately. 8. 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 Caretaker attempt to personally apprehend the person(s) so acting. 9. Working with WSU Extension, monitor and maintain the Challenge Course and assist staff in preparing the Challenge Course for usage by reservation and clean up after each reservation. Mow the challenge course areas. 10. Monitor and maintain the Beach Area including regular trash pick-up, mowing, and supervision. Caretaker Agreement Page 6 of 9 11. Accepts and agrees 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. 12. Caretaker will submit a statement of experience and will become certified in First Aid and C.P.R. 13. Caretaker shall not make any changes to property or natural habitat including but not limited to road construction or maintenance, and cutting of downed or standing wood without written permission from the Parks and Recreation Manager. 14. 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. 15. 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 report hours monthly in an email or handwritten report. 16. 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 $12,000. Date: I b- bo 1(r, Gibbs Lake Park Caretak Caretaker Agreement Page 7 of 9 Jefferson County Caretaker Agreement for Gibbs Lake Park EXHIBIT B Provided to the Caretaker As part of your agreement as Caretaker of Gibbs Lake Park, County shall provide for Caretaker, and Caretaker shall accept from the County, in exhange for Caretaker's services the following: 1. Occupancy of caretaker house, garage, boat house, and dock. Value: $10,800/year. 2. County shall provide at no expense to Caretaker: water and septic service needed for one family. Value: $1,200/year. 3. Caretaker shall be responsible for energy costs. 4. Caretaker shall be responsible for providing Caretaker's telephone carrier and long distance service. 5. Caretaker shall provide Caretaker's garbage service. 6. Caretaker shall not engage in any commercial or for-profit enterprise on the designated Caretaker area. 7. Total Compensation to the Caretaker: $12,000/year Date: 5r G I (o Gibbs Lake Park Caret Caretaker Agreement Page 8 of 9 Ei EXHIBIT C Jefferson County Caretaker Agreement for Gibbs Lake Park Intervention Policy I . 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 - Appendix B Code of Ethics Policies and Procedures. &�&L,Jzkj� i,, 112b j i6 at Matt Tyler, Manager ate Gibbs Lake Park Caretaker Jefferson County ParkI Recreation Caretaker Agreement Page 9 of 9 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 Agenda Date: February 8, 2016 Subject: Gibbs Lake County Park Caretakers Agreement Statement of Issue: Caretaker Cher West - Albright helps to maintain and supervise Gibbs Lake County Park. Duties of the caretaker include trash pick-up, trail maintenance challenge course maintenance, general park supervision, and building maintenance. The agreement for provision of these services is ready for renewal. Analysis/Strategic Goals/Pro's Et Con's: The caretaker program is a success. Park safety, quality, and usage have increased. The caretaker also helps with various light maintenance, landscaping and custodial tasks. The cost to the County for these services is small. Fiscal Impact/Cost Benefit Analysis: The County will provide the caretaker with septic service, fresh water, and industrial insurance. In exchange the County will receive the benefits of park maintenance, better park safety, and a higher level of customer service. Recommendation: Public Works recommends three copies of the caretaker agreement be signed by the Board of County Commissioners and returned to the Public Works office. RevieWR Phi Morle my Adminis for Date CONTRACT REVIEW kbRM l(V CONTRACT WITH: Cher West — Albright (Contractor/Consultant) CONTRACT FOR: Gibbs Lake Caretaker Services TERM: 3/3/2016 to 3/2/2018 COUNTY DEPARTMENT. ` Public Warks For More Information Contact: Matt Tyler JAN Q Contact Phone ,v Y-; RETURN TO: Tina RETS BY: , f (Person in Department) (E>tie) AMOUNT: $12,000 PROCESS: Revenue: 174.000010.39700.0010 Expenditure: 17400057610.47.000 & 174000010.5761049 Matching Funds Required: Sources(s) of Matching Funds Step 1: REVIEW BY Review by: Date Reviewed: PROVED FORM Co en s Exempt from Bid Process Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ X I Other "lE Returned for revision (See Comments) Step 2: REVIEW BY PVECU IN TO] Review by: 4 ,A Date Reviewed: 1 APPROVED AS TO FORM F-1 Returned for revision (See 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 uMID u[EQE�W[Eo Submit originals and 7 copies of Contract, Review Form, and Agenda Bill to BOCC Office. till Ih� V� v 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. (A 20 6 (This form is to stay with the contract throughout the contract review process.) JA Alvarez JEFFERSON COUNTY PROSECUTING ATTORNEY \\CASTLEHILL\Group\Publicworks\SUPPORT\I Staff Folders\Matt\Parks\Caretakers and Hosts\2016 Gibbs Lake Agreement\Contract Review Form Albright, 2016.docx rev. 5/20/2013