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HomeMy WebLinkAbout081516_ca08Department 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: August 15, 2016 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: Ofti,ffip Morl� , rator Date JEFFERSON COUNTY CARETAKERS AGREEMENT AGREEMENT made between Elizabeth and Sean Taggart, 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 Elizabeth and Sean Taggart to serve as Caretakers of HJ Carroll County Park located at 9884 SR 19, Rhody Drive, Port Hadlock, Washington. The duties of Caretakers: see EXHIBIT A. SECTION TWO - TERM OF AGREEMENT. The term of this agreement shall be a period of twelve months beginning August 15th, 2016 and ending August 14th, 2017; subject to prior termination as hereinafter provided. This agreement is renewable by mutual agreement of both parties. 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 services the following: see EXHIBIT B. SECTION FOUR — CARETAKERS' BENEFITS. It is understood and agreed by both County and Caretakers that the Caretakers are an independent contractor with respect to the County and are 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 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 by the Caretakers of any of the terms of this contract, County thereon may terminate this Caretakers Agreement Page 1 of 9 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 any time 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 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 TWELVE - DUTIES OF THE CARETAKERS. It is understood by both the County and the Caretakers that the Caretakers agree 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 applicable safety practices and use appropriate personal protective equipment as set forth in the Jefferson County Safety Policy. The Caretakers 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. Caretakers agree and covenant 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 Caretakers Agreement Page 2 of 9 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 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 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. All policies of insurance the Caretakers must obtain and retain during the term of this Agreement shall be primary to any third party liability coverage provided to the County by the Washington Counties Risk Pool ("WCRP") and any third party liability coverage provided to the County by the WCRP shall be non-contributory with respect to any insurance the Caretakers are required to obtain and maintain during the term of this Agreement. Caretakers are encouraged to obtain a policy of insurance that would provide Caretakers with reimbursement equal to the replacement cost (not actual cash value) of the item of personal property being used as their residence while serving as Caretakers. If that personal property item suffers or incurs a diminution of value, loss, destruction or damage during the term of this Agreement and while located at the County -owned park, then the Caretakers shall bear full financial responsibility for that diminution of value, loss, destruction or damage unless that diminution of value, loss, destruction or damage arises from the sole negligence of the County. Caretakers Agreement Page 3 of 9 SECTION SIXTEEN - 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 SEVENTEEN - 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 EIGHTEEN - NONDISCRIMINATION. The Caretakers will not discriminate against any person in performance of the Caretakers 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 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. Caretakers Agreement Page 4 of 9 IN WITNESS WHEREOF, the parties have executed this agreement at Port Townsend, Washington on this, the Caretakers Signatures Date litr / � to day of Caretakers Agreement Page 5 of 9 20_ COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Kathleen Kler, Chair Phil Johnson, Member David Sullivan, Member Approved as to rm only. Prosecuting Attorney 4Pubic nders, P.E. Date rks Director/County Engineer EXHIBIT A Jefferson County Caretakers Agreement for HJ Carroll County Park Duties of the Caretakers (occupying one recreational vehicle) The Caretakers shall: Supervise and monitor H.J. Carroll Park. Overnights away from the park are acceptable 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 the designated caretakers' area in a neat and orderly manner including but not limited to: mow the grass, weed and edge landscaped areas, keep gravel pads free of weeds, string trim fences and grass, prune shrubs and hedges, and water plants as needed. 3. 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 areas 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. Caretakers Agreement Page 6 of 9 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. 11. Total weekly work load, not including monitoring, is 20 person hours per week. The total weekly work hours shall be reported monthly to the County for Workers Compensation Insurance purposes. Volunteers shall provide this information once per month. 12. Not engage in, conduct or condone any criminal activities at the County Park. 13. Maintain at all times applicable to this agreement a valid Washington State Driver's License and provide the County's Parks & Recreation Manager with a copy of same. 14. Maintain at all times applicable to this agreement a valid registration for any personal vehicles and the recreational vehicle or fifth wheel being used as the Caretakers' residence and provide a copy of same to the County's Park & Recreation Manager. 15. Inform the Parks & Recreation Manager immediately if while performing assigned duties (s)he is involved in any incident or accident that may give rise to legal liability. 16. Inform the Parks & Recreation Manager upon signing this agreement of any health condition the County staff should be aware of in an emergency, for example, medications, allergies or pre-existing medical conditions. 17. Perform only those tasks that are within his or her knowledge, ability and physical capability. Caretakers Signatures Date j,", 9Y-6 - l - Date Parks and Recreation Manager Signature k � � tv---6 1 q Matt Tyler, Manager ate 1 � � Jefferson County Parks and Recreation Caretakers Agreement Page 7 of 9