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HomeMy WebLinkAbout020320_ca04 Department of Public Works 0 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 Directo Agenda Date: February 3, 2020 Subject: 2020 Oak Bay Camp Host Agreement Statement of Issue: The Oak Bay camp host served successfully during the 2019 season. The 2020 agreement has been prepared and is ready for approval. Analysis/Strategic Goals/Pro's a Con's: Oak Bay Campground is an important recreational resource in Jefferson County. Studies show that campgrounds have economic, health, safety, and environmental benefits. The camp host program is highly successful at promoting the goals of the park. Fiscal Impact/Cost Benefit Analysis: Jefferson County pays for limited utilities in exchange for park supervision and maintenance. The camp host provide a valuable community service by helping to maintain and monitor the park. Recommendation: Approve the agreement and return three signed copies to Public Works. Department Contact: Matt Tyler. 385-9129 Reviewed By: ///// MoL, Philip rey ' aunty.Administrator Date JEFFERSON COUNTY CAMP HOST AGREEMENT AGREEMENT made between Tom Wilson and Jefferson County, 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 Tom Wilson to serve as Camp Host of Oak Bay County Park located at 290 Cleveland St., Port Hadlock, Washington. The duties of Camp Host: see EXHIBIT A. SECTION TWO - TERM OF AGREEMENT. The term of this agreement shall be a period of seven months beginning April 1, 2020 and ending October 31, 2020, subject to prior termination as hereinafter provided. This agreement is renewable by mutual agreement of both parties. Camp Host shall request in writing said renewal not less than sixty(60) days prior to the expiration of this Agreement. SECTION THREE - COMPENSATION TO CAMP HOST. County shall provide for Camp Host, and Camp Host shall accept from the County, in full payment for Camp Host' services the following: see EXHIBIT B. SECTION FOUR- CAMP HOST BENEFITS. It is understood and agreed by both County and Camp Host that the Camp Host is independent contractors with respect to the County and are not employees 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 FIVE - CAMP HOST' 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 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) days' written notice to the other. In the event of any violation by Oak Bay Camp Host Agreement Page 1 of 8 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' 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 County may prohibit the Camp Host from carrying out the day to day duties of the Camp Host 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 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' duties,the Camp Host is exposed to outside weather conditions. The Camp Host' 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 CAMP HOST. It is understood by both the County and the Camp Host that the Camp Host 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 Camp Host shall follow applicable safety practices and use appropriate personal protective equipment as set forth in the Jefferson County Safety Policy. The Camp Host 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. Camp Host agree and covenant to indemnify, defend, and save harmless the County and those persons who were, Oak Bay Camp Host Agreement Page 2 of 8 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 agree and covenant 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 Camp Host agree 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. Camp Host 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 Camp Host for third party liability 3. The Camp Host will obtain and maintain A)motor home insurance (actual cash value) and B) "Homeowner's" or"Renter's" insurance against loss or liability with respect to their mobile residences. 4. Said insurance policies will be primary to any coverage for third party liability claims or self coverage the County has. 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 -PERSONNEL POLICY. It shall be a condition of this Agreement that the Camp Host 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 Oak Bay Camp Host Agreement Page 3 of 8 v. Appendix G-Violence in the Workplace Policies and Procedures SECTION SEVENTEEN- PERSONAL PROPERTY. All personal property belonging to the Camp Host shall be removed by the Camp Host by the end of the term of this agreement. SECTION EIGHTEEN -NONDISCRIMINATION. The Camp Host will not discriminate against any person in performance of the Camp Host' 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. SECTION NINETEEN- BACKGROUND CHECK. Prior to beginning the duties of this agreement, the Camp Host shall be required to complete and pass a Washington State Patrol criminal background check. 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 Kate Dean, Chair Greg Brotherton, Member David Sullivan, Member Approved as to form only. o 1112.— fe/09 Philip Hunsucker Dat Camp Host Signature Deputy Prosecuting Attorney Name Date . t�ers, P.E. ate Public Works Director/County Engineer Oak Bay Camp Host Agreement Page 4 of 8 EXHIBIT A Jefferson County Camp Host Agreement for Oak Bay County Park Duties of the Camp Host(occupying one camper) The Camp Host shall: 1. Serve as vital team members within Jefferson County Parks and Recreation. Accept and agree to the general management of the Parks and Recreation Manager, and the direct supervision of the Parks Maintenance III Lead, or designated representative of that agency, and comply with stated duties of this Agreement, and other duties as assigned to them from time to time. Communicate regularly with both the Camp Host supervisor and the Parks and Recreation Manager: provide Monday morning update, and send weekly work and hours report. The designated Camp Host supervisor referred to in this agreement is the Parks Maintenance III Lead staff member. 2. The Camp Host should be on-duty, and available to work at the park periodically throughout the day, five days per week. The Camp Host is expected to be off-duty two weekdays, either Tuesday, Wednesday, or Thursday, (consecutive or intermittent), during which they will not complete any Camp Host service, including monitoring or supervision. The schedule of five days on,two days off will be determined in coordination with supervisor a minimum of 45 days in advance. Short term coming and going throughout on-duty days is expected and beneficial. 3. The Camp Host may propose an annual schedule of up to 10 off-duty days each year within 30 days of the initiation of the agreement. The Parks and Recreation Manager has the authority to approve, deny, or modify the proposal based on the needs of the park, and the availability of staff. Off-duty time will occur in blocks of a maximum of one week in any given calendar month, not in July or August, or holidays. 4. Supervise,provide customer service, and monitor Oak Bay Campground in coordination with supervisor, on a self-directed basis. Monitoring includes watching over the park and addressing maintenance issues as they arise. Customer service includes establishing positive relationships with park users, providing information, assisting with issues as they arise, and making park users feel welcome, respected, and appreciated. Supervision includes interacting with and educating park patrons, accessing the payment drop box, logging payments, checking for payment, and providing one reminder for payment. Value: $2408 5. Conduct"Park Patrol"after each camper leaves and before the next camper arrives: clean fire-rings, clean and rake campsite, and clean picnic table. In addition: stock toilet, check toilet(sweep,pick up garbage and wipe surfaces if necessary), check campground for trash or branches, stock payment envelopes, and other minor maintenance. Park Patrol occurs on a self-directed basis in coordination with supervisor. Value $2,030 6. Provide various maintenance services for 2 hours per week on a scheduled and supervised basis. A monthly schedule will be set in advance in coordination with supervisor. Oak Bay Camp Host Agreement Page 5 of 8 Maintenance services could include, but are not limited to: weeding, mulching, pruning, pressure washing, string trimming, surfacing, hedge trimming, mowing, repairing fencing, cleaning, painting; and minor building maintenance and repair. Value: $812 7. The total value of the Camp Host' duties is $5,250 for the term of this Agreement. See table for details. Oak Bay Camp Host Work Analysis Table (based on 28 weeks of service) Task Hours Week Hours Total Value* Park Monitor 6 166 $ 2,408 Greet,customer service for campers as they arrive Check payment envelopes, monitor payment, record Park Patrol 5 140 $ 2,030 Clean fire rings and table after each camper leaves Clean trash and rake campsite after each camper leaves Clean campground of trash, branches Check restroom, minor clean/stock Scheduled Maintenance Work 2 56 $ 812 Landscaping Painting Repairs Miscellaneous Total 13 362 $ 5,250 Hourly Rate Equivalent* $14.50 Averaged over Length of Agreement. Seasonal variations occur. Hours are rounded to nearest whole hour CAMP HOST SIGNATURES / `27O7d 1129 )2_0 2 to Name: Date Matt Tyler, Manager ate Jefferson County Parks and Recreation Oak Bay Camp Host Agreement Page 6 of 8 EXHIBIT B Jefferson County Camp Host Agreement for Oak Bay County Park Compensation to the Camp Host As part of the agreement as Camp Host of Oak Bay County Park, County shall provide for the Camp Host, and the Camp Host shall accept from the County, in full payment for Camp Host' services the following: 1. The designated Camp Host' campsite on which to place and reside in their recreational vehicle,tiny home, or other shelter. Includes electric, water, and garbage service.No other individual is allowed to live with the Camp Host at the campsite. See table for details. Value: $5,250 Oak Bay Camp Hosts Compensation Table Month Year Campsite ($25/Day) $ 750 $ 5,250 Camp Host Signature 6-2#1,1,6',.///1k4 Name Date Parks and Recreation Manager Signature jANG, Al ) 7� / I / 24) 2o2a Y Matt T ler, Manage "—Date Jefferson County Parks and Recreation Oak Bay Camp Host Agreement Page 7 of 8 EXHIBIT C Jefferson County Parks and Recreation Camp Host Intervention Summary 1. The Camp Host may in a friendly manner: introduce selves, greet and assist park visitors, answer questions and explain regulations in an open and friendly manner. The Camp 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 Camp Host may assist in park public relations, education activities and special events. The Host will wear their badges and at least one garment or cap with a Parks and Recreation Logo. 2. The Camp 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 Camp 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 Camp 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 Camp Host may leave written notice, using the pre-printed notice book. Camp Host Signature 1 /(e < /—ayS� Name Date Parks and Recreation Manager Signature til—Ltd ;4- 12yza � Matt Tyler, Manag� Date Jefferson County Parks and Recreation Oak Bay Camp Host Agreement Page 8 of 8