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HomeMy WebLinkAbout030220_ca04 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 Directo Agenda Date: March 2, 2020 Subject: Gibbs Lake County Park Caretaker 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 and hauling, mowing, brushing, parking lot maintenance, 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 £t Con's: The caretaker program is a success. The cost to the County for the caretaker services is in alignment with the benefits of the services. Fiscal Impact/Cost Benefit Analysis: The County will provide the caretaker with a residence, 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: Approve the agreement and return three signed copies to Public Works. Reviewed By: /c�. Philip Morley Cqunty dministrator ) Date JEFFERSON COUNTY CARETAKER AGREEMENT 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, 2020 and ending March 2, 2022; 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 10 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. The provision of equipment required for completion of the Caretaker duties is found in Exhibit D. 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. The Caretaker shall follow the Intervention Policy in Exhibit C at all times. 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 Caretaker Agreement Page 2 of 10 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 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. 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 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 Policies and Procedures; and v. Appendix G- Violence in the Workplace Policies and Procedures Caretaker Agreement Page 3 of 10 SECTION SEVENTEEN- MODIFICATIONS TO FACILITY. The Caretaker shall make no modifications of any kind to park property including the residence facility without prior written permission. The County may or may not consult with the caretaker regarding: the demolition or construction of any building or amenities or the design and execution of safety and other improvements to park facilities including the caretaker's residence. The County retains the final decision regarding any and all improvements. The Caretaker shall,upon reasonable notice, allow the County to make safety or other improvements to park property, including the residence facility, with reasonable prior notice. The Caretaker shall not interfere with the work of County contractors, or employees, and shall temporarily vacate the premises if requested, upon reasonable notice, so that maintenance and improvement work may be completed. 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 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-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 10 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. (./h // L Philip C. Hunsucker ate Chief Civil Deputy Prosecuting Attorney 4 coders,P.E. Date e orks Director/County Engineer Caret. ers Signatures 2 d Da e Gibbs Lake County Park Caretaker Caretaker Agreement Page 5 of 10 Jefferson County Caretaker Agreement for Gibbs Lake Park EXHIBIT A Duties of the Caretaker 1. 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 Manager or delegate 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. Monitor the condition of the trails,parking lots, signs, kiosks, challenge course,beaches, and buildings and report any maintenance or repair issues to as soon as possible. 3. Maintain designated Caretaker's area(residence, garage, dock,boathouse, and grounds of these buildings) in a park-like, neat and orderly manner, e.g., mow the grass, weed and edge, and keep free of litter or accumulation of debris. 4. Prevent the accumulation of litter and debris within the park, inspect and clean the restrooms,kiosks and parking lots on a daily basis. 5. Using a backpack blower or a rake, clean the park trails and interior access roads of leaves and small branches on an as needed basis. Inspect the trails for blockages by downed trees as needed and report immediately. 6. Maintain trail and interior access drains by cleaning them with a shovel or other implement on an as needed basis. 7. 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. 8. Support maintenance and operation of the WSU Extension Challenge Course when possible. 9. Monitor and maintain the Beach Area including regular trash pick-up,mowing, and supervision. 10. 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. 11. Caretaker will maintain current certification in CPR/AED, and First Aid. 12. Caretaker shall not make any changes to property or natural habitat including but not limited to: changing landscaping, road construction or maintenance, and cutting of Caretaker Agreement Page 6 of 10 downed or standing wood without written permission from the Parks and Recreation Manager. 13. 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. 14. 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. 15. 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. Caretaker Agreement Page 7 of 10 Jefferson County Caretaker Agreement for Gibbs Lake Park EXHIBIT B Provided to the Caretaker County shall provide for Caretaker, and Caretaker shall accept from the County, in exchange for Caretaker's services the following: 1. Occupancy of caretaker house, garage,boat house, and dock. The Caretaker may use the outside grounds of the Caretaker's area to store two working vehicles, one boat on a trailer, kayaks, canoes, and bicycles. Firewood must be stored in an organized fashion. All other equipment-for example: trailers, lawnmowers, ladders, additional vehicles, non-functioning vehicles, and tires must be stored inside the Caretaker house, garage, or boathouse or disposed of. 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 including electrical and propane service. 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: afr�ol oo/c) Gibbs Lake Park Caret. Caretaker Agreement Page 8 of 10 EXHIBIT C Jefferson County Caretaker Agreement for Gibbs Lake Park Intervention Policy 1. The Caretaker may in a friendly manner: introduce self, greet and assist park visitors, answer questions and explain regulations in an open and friendly manner. The Caretaker 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 Caretaker may assist in park public relations, education activities and special events. The Caretaker will wear their badge and at least one garment or cap with a Parks and Recreation Logo while interacting with the public. 2. The Caretaker will not attempt to discipline or apprehend any park user. The Caretaker 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 Caretaker. 3. The Caretaker is to inform visitors of rules and regulations. If the park users seem cooperative,the Caretaker 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 Caretaker is prohibited from making any further contact with that visitor. The Caretaker 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 Caretaker uncomfortable in any way, or in any unpredictable situation, the Caretaker 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 Caretaker may leave written notice,using the pre-printed notice book. 6. Per the agreement,the Caretaker must follow County personnel policy including: SECTION SIXTEEN,ANTI-HARASSMENT AND DISCRIMINATION -Appendix F Anti-Harassment Policy and Procedures, and SECTION SEVENTEEN,ETHICS - 2,/endixiB Code of Ethics Policies and Procedures. I _ ' ��C/ l// • /rte ,1 /SQ) I" ` G1 ti-) TI-\1"- 1 120Lo V D to Matt Tyler, Maner Date Gibbs Lake Park aretaker Jefferson County Parks and Recreation Caretaker Agreement Page 9 of 10 • EXHIBIT D Jefferson County Caretaker Agreement for Gibbs Lake Park Maintenance Equipment, Supplies, and Expenses Provided by the County 1. A gas powered backpack blower. 2. Supplies required to operate the freshwater supply system including water softener supplies. Maintenance Equipment, Supplies, and Expenses Provided by the Caretaker 1. Fuel, oil and supplies to operate all power equipment including the County owned backpack blower. 2. Routine and major maintenance for all power and hand equipment(with the exception of the backpack blower that is provided by the County). 3. Caretaker will provide the following equipment at their cost: riding mower, string trimmer, chainsaw(for approved use only), shovels,rakes, loppers, shears,pruning saw, digging bar,post hole digger,tarp,wheel barrow, garbage cans and buckets, and other miscellaneous tools. 4. The Caretaker will all personal protective equipment including hearing protection, eye protection, chainsaw chaps, chainsaw helmet and facemask, gloves, footwear,high visibility gear as needed, and all other equipment. Caretaker Agreement Page 10 of 10