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HomeMy WebLinkAbout022221_ca05JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Mark McCauley, Central Services Director DATE: February 22, 2021 RE: Request for Board of County Commissioners' approval of a Sole Source Caretaker Agreement with Donald McNees and Abram Dorney for caretaker duties at the County's Shooting Facility at 112 Gun Club Road, Port Townsend, WA 98368 STATEMENT OF ISSUE: Jefferson County owns the property located at 112 Gun Club Road and the shooting facility built on the property and operated by the Jefferson County Sportsmen's Association (JCSA), under a License and Operating Agreement. JCSA has executed caretaker agreements with Don McNees and Abram Dorney whereby they monitor the facility around the clock in return for being able to reside on the property in their recreational vehicles. Because the County has ownership of the shooting facility and a vested interest in the shooting operations and in ensuring that established rules are followed per the license and operating agreement, we believe the caretaker agreements should be between the caretakers and the County. Additionally, we recommend the agreement be approved on a sole source award based on the three-four years each have spent already serving as caretakers for the JCSA under the provisions of RCW 39.04.280(1)(a). The time spent makes them uniquely qualified to serve as Jefferson County caretakers for the shooting facility. ANALYSIS: The attached draft Caretakers Agreement between the county and Don McNees and Abram Dorney will ensure the County's property interests are protected and that the county's shooting facility is operated in a manner that enhances the safety of JCSA members and the general public. FISCAL IMPACT: This request has no fiscal impact. RECOMMENDATION: That the Board of County Commissioners approve the attached draft Caretakers Agreement with Donald McNees and Abram Dorney for caretaker duties at the County's Shooting Facility at 112 Gun Club Road, Port Townsend, WA 98368. 01Al Date JEFFERSON COUNTY CARETAKERS AGREEMENT FOR GUN RANGE THIS CARETAKERS AGREEMENT FOR GUN RANGE (this "Agreement") is made between Donald McNees and Abram Dorney, (collectively "Caretakers") and Jefferson County, State of Washington (the "County"). PURPOSE: The purpose of this Agreement is to provide the terms, covenants and conditions under which Caretakers will provide services to the County at the gun range on the County's property located at112 Gun Club Road, Port Townsend, WA 98368, (the "Facility"). SECTION ONE —OBLIGATIONS OF CARETAKERS. The primary duties of the Caretakers are to monitor the Facility and to coordinate with the Jefferson County Sportsmen's Association to ensure compliance with the License and Operating Agreement with the County. Monitoring includes watching over the Facility and addressing issues as they arise and interacting with and educating Facility patrons, and contacting County staff or law enforcement, as needed. The additional duties of the Caretakers are listed on Exhibit A. The Caretakers shall perform the additional duties listed in Exhibit A in a conscientious and workmanlike manner. The Caretakers are expected to spend the bulk of their time at the Facility. At least one caretaker shall always be present on the Facility. The Caretakers will coordinate their schedules to maximize coverage of the Facility. SECTION TWO —TERM OF AGREEMENT. The term of this agreement shall be a period of one year beginning January 25, 2021, and ending December 31, 2025, subject to earlier termination as provided in this Agreement. This agreement is renewable by mutual agreement of both parties. The total duration of personal services at the Facility by the Caretakers shall not exceed five years. Caretakers shall request in writing said renewal not less than sixty (60) days prior to the expiration of this Agreement. This Agreement is subject a six-month trial period after which either party may terminate this Agreement for any reason. SECTION THREE —COMPENSATION TO CARETAKERS. The County shall allow the Caretakers to reside on the property as compensation for their services. SECTION FOUR —CARETAKERS ARE INDEPENDENT CONTRACTORS. The Caretakers are independent contractors with respect to the County and are not employees of the County. The Caretakers 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. SECTION FIVE —INDUSTRIAL INSURANCE PROVIDED TO THE CARETAKERS. The County shall carry industrial insurance coverage on the Caretakers. SECTION SIX —CARETAKERS' LACK OF AUTHORITY TO ENTER INTO CONTRACTS ON BEHALF OF 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. Caretakers Agreement for Gun Range Page 1 of 6 SECTION SEVEN —ENTIRE AGREEMENT. No representation or promise not expressly contained in this Agreement has been made. The parties to this Agreement further acknowledge that they are not entering into this Agreement based on any promise or representation, expressed or implied, which is not expressly contained in this Agreement. This Agreement supersedes any prior agreement with respect to those subjects embraced within this Agreement. This Agreement memorializes the entire agreement of the parties. SECTION EIGHT —MODIFICATION OF CONTRACT. This Agreement may be amended or supplemented only by a writing that is signed by duly authorized representatives of all the parties. SECTION NINE —TERMINATION. This agreement may be terminated by either party for any reason upon thirty (30) day's written notice to the other. In the event of any violation by the Caretakers of any of the terms of this Agreement, the County thereon may terminate this 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 that 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 anytime deemed necessary by the County. SECTION TEN —PHYSICAL DEMANDS. The physical demands described in this Agreement 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 ELEVEN—SEVERABILITY. Provided it does not result in a material change in the terms of this Agreement, if any provision of this Agreement or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. SECTION TWELVE —CHOICE OF LAW, VENUE FOR DISPUTES AND LEGAL FEES. It is understood and agreed that this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed in accordance with the laws of the United States, the State of Washington and the County of Jefferson, as if applied to transactions entered into and to be performed wholly within Jefferson County, Washington between Jefferson County Caretakers Agreement for Gun Range Page 2 of 6 residents. No party shall argue or assert than any state law other than Washington law applies to the governance or construction of this Agreement. The venue for any legal action shall be solely in the appropriate state court in Jefferson County, Washington, subject to the venue provisions for actions against counties in RCW 36.01.050. Should either party bring any legal action, each party in such action shall bear the cost of its own attorney's fees and court costs. SECTION THIRTEEN —SAFETY POLICY. It shall be a condition of this Agreement that the Caretakers shall follow all relevant state and federal workplace safety requirements to include compliance with the County's safety directives and polies. 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 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 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 Caretakers 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. Caretakers 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 Caretakers for third party liability The Contractor shall maintain all required insurance policies in force from the time services commence until services are completed. Certificates, insurance policies, and endorsements expiring before completion of services shall be promptly replaced. SECTION SIXTEEN —ANTI -HARASSMENT AND DISCRIMINATION. Any form of harassment, discrimination, or improper fraternization with any County employee is strictly prohibited. The Caretakers shall comply with the Jefferson Count Personnel Administration Manual Appendix F Anti -Harassment Policy and Procedures. Caretakers Agreement for Gun Range Page 3 of 6 SECTION SEVENTEEN —DRUG USE POLICY. While performing services under this Agreement, the use of illegal drugs, alcohol, or controlled substances on the County property or premises is strictly prohibited. The Caretakers employees shall not perform services while under the influence of drugs or alcohol, and if discovered, may be reported to the appropriate law enforcement agency. SECTION EIGHTEEN —ETHICS. It shall be a condition of this Agreement that the Caretakers comply with the Jefferson County Personnel Administration Manual, Appendix B Code of Ethics Policies and Procedures. SECTION NINETEEN —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 TWENTY —BACKGROUND CHECK. Prior to beginning the duties of this agreement, the Caretaker shall be required to complete and pass a Washington State Patrol fingerprint identity and criminal history check. The County agrees to bear all reasonable costs incurred in the performance of this fingerprint identity and criminal history, check. SECTION TWENTY -ONE —SIGNATURES. The parties agree that separate copies of this Agreement may be signed by each of the parties and this Agreement will have the same force and effect as if all the parties had signed the original. The parties agree that facsimile and electronic signatures will have the same force and effect as original signatures. SECTION TWENTY -TWO —LIMITS ON WAIVERS OF DEFAULT. No consent by either party to, or waiver of, a breach by either party, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. No term or provision of this Agreement will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. (SIGNATURES ARE ON THE FOLLOWING PAGES) Caretakers Agreement for Gun Range Page 4 of 6 IN WITNESS WHEREOF, the parties have executed this agreement at Port Townsend, Washington on this, the day of , 20_. JEFFERSON COUNTY WASHINGTON Board of County Commissioners Jefferson County, Washington By: Kate Dean, Chair Date By: Greg Brotherton, Commissioner Date By: Heidi Eisenhour, Commissioner Date SEAL: ATTEST: Carolyn Galloway Date Clerk of the Board Approved as to form only: 202 i Philip C. Hunsucker bate Chief Civil Deputy Prosecuting Attorney CARETAKERS By: BY: Abram Dorney Date Donald McNees Date Caretakers Agreement for Gun Range Page 5 of 6 EXHIBIT A Jefferson County Additional Duties of the Caretakers l . Maintain the Facility area in a neat and orderly manner, e.g., mow the grass, weed and edge landscaped areas. 2. Empty garbage cans in the entire Facility 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 County staff to empty certain specific garbage cans during the weekdays as needed. 3. Clean garbage including micro -trash, cigarette butts, and brass from the ground in the entire Facility as needed. 4. Keep designated landscaped berm area free of weeds and debris, assist with weeding other areas in the spring. 5. Call the Jefferson County Sheriff or Jefferson County Central Services Director if anything out of the ordinary is observed. 6. Total weekly work load not including monitoring should be not more than 20- person hours per week. The total weekly work hours shall be reported to the County for Workers Compensation Insurance purposes. Caretakers shall report hours monthly in an emailed report. CARETAKER SIGNATURES Abram Domey Date Mark McCauley, Director Date Jefferson County Central Services Department Donald McNees Date Caretakers Agreement for Gun Range Page 6 of 6