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HomeMy WebLinkAbout092021ca03 Department of Public Works 0 Consent Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, Interim County Administrator From: Monte Reinders, Public Works Director/County Engineer t� Agenda Date: September 20, 2021 Subject: HJ Carroll Park Caretakers Agreement Statement of Issue: The HJ Carroll Park caretakers serve through an agreement with Jefferson County. The current caretakers have provided outstanding service since October of 2020, and both parties seek to renew the contract through June 18, 2022. Analysis/Strategic Goals/Pro's & Con's: HJ Carroll Park is one of the best-used and significant recreational resources in Jefferson County. Studies show that parks have economic, health, safety, and community resiliency benefits. The caretakers program has been successful at promoting the goals of the park since it opened. Fiscal Impact/Cost Benefit Analysis: The agreement is services in exchange for the use of the caretakers site including utilities. The services are important to the operation of the park, and include monitoring, maintenance, and event management. Recommendation: Approve the agreement and return two copies to Public Works. Department Contact: Matt Tyler. 385-9129 Reviewed By: S441" Administrator Date , fie VARA { JEFFERSON COUNTY CARETAKERS AGREEMENT THIS CARETAKERS AGREEMENT (this "Agreement") is made between Jean and Vernon Jameson (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 HJ Carroll Park located at 9884 Rhody Drive, Chimacum, Washington (the "Facility"). SECTION ONEDUTIES OF CARETAKERS. The duties of the Caretakers are listed on Exhibit A. The Caretakers shall perform the duties listed in Exhibit A in a conscientious and workmanlike manner. SECTION TWO —TERM OF AGREEMENT. The term of this Agreement shall be a period of one year beginning October 11, 2021 and ending June 19, 2022, 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 three 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 provide make payment for the items listed in Exhibit B. SECTION FOUR —CARETAKERS ARE INDEPENTENT 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. 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. Caretakers Agreement Page 1 of 11 SECTION EIGHTMODIFICATION OF THIS AGREEMENT. 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 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 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 TENPHYSICAL 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 ELEVENSEVERABILITY. 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 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 THIRTEENSAFETY POLICY. It shall be a condition of this Agreement that the Caretakers shall follow all relevant state and federal workplace safety requirements to include Caretakers Agreement Page 2 of 11 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 FOURTEENINDEMNIFICATION AND HOLD HARMLESS. The Caretakers shall defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers (and their marital communities) harmless from any and all claims, injuries, damages, losses or suits including attorney's fees, arising out of or resulting from the acts, errors or omissions of the Caretakers in performance of this Agreement, except for injuries and damages caused by the sole negligence of the County. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Caretakers and the County, its officers, officials, employees, agents and volunteers (and their marital communities) the Caretakers' liability, including the duty and cost to defend, hereunder shall be only to the extent of the Caretakers' negligence. 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. The obligations in this paragraph shall survive termination of this Agreement. SECTION FIFTEENINSURANCE. 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 3. Motor home insurance (actual cash value) and "Homeowner's" or "Renter's" insurance against loss or liability with respect to the Caretakers' mobile residences. Said insurance policies will be primary to any insurance or self-insurance held by the County. The Caretakers 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. 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. Caretakers Agreement Page 3 of 11 Said insurance shall be primary to any insurance or self-insurance held by the County. Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any insurance policy the Caretakers shall provide to comply with this Agreement. The Caretakers' insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect all the parties and shall be primary coverage for all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the Caretakers' insurance policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of insurance policy. 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 County Personnel Administration Manual, Appendix F Anti -Harassment Policy and Procedures. 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. Caretakers Agreement Page 4 of I I SECTION TWENTY -THREE —PUBLIC RECORDS ACT. Notwithstanding any provisions of this Agreement to the contrary, to the extent any record, including any electronic, audio, paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW (as may be amended), the Caretakers agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. The Caretakers also agrees that upon receipt of any written public record request, the Caretakers shall, within two business days, notify the County by providing a copy of the request per the notice provisions of this Agreement. This Agreement, once executed, will be a "public record" subject to production to a third party if it is requested pursuant to the Washington Public Records Act, Chapter 42.56 RCW (as may be amended). IN WITNESS WHEREOF, the parties have executed this Agreement at Port Townsend, Washington on this, the day of , 20_. (SIGNATURES ARE ON THE FOLLOWING PAGE) Caretakers Agreement Page 5 of 11 JEFFERSON COUNTY WASHINGTON CARETAKERS Board of County Commissioners Jefferson County, Washington By: By: o� Kate Dean, Chair Date ignature By: Name: Teo,,,,, jpi e- 5'0— Greg Brotherton, Commissioner Date Date: I 9 By: Heidi Eisenhour, Commissioner Date By: Signature SEAL: Name: K.--f-KL6— ,Janame se Date: ATTEST: Carolyn Galloway Date Clerk of the Board Approved as to form only: September 1, 2021 Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney Approve a form only: Date r Public Works Director/County Engineer 111 Carroll Caretakers Agreement Page 6 of 11 EXHIBIT A Jefferson County Duties of the Caretakers 1. Serve as a vital team member 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 him/her from time to time. Communicate regularly with supervisor: provide Monday morning update, and send weekly work and hours report. The designated caretaker supervisor referred to in this agreement is the Parks Maintenance III Lead staff member. 2. Both caretakers should be on -duty, and available to work at the park periodically throughout the day, five days per week. Both caretakers are expected to be off -duty two weekdays (consecutive or intermittent), during which they will not complete any caretaker 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 caretaker may propose an annual schedule of off -duty time each year within 30 days of the initiation of the agreement, and then in January each year thereafter. 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 two weeks in any given calendar month. The total amount off duty time is 20 service days per year (prorated to 1.66 days per month). 4. Supervise, provide customer service, and monitor H.J. Carroll Park 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, and contacting staff or law enforcement as needed. Value: $1,073 5. Maintain designated Caretakers' area in a neat and orderly manner, e.g., mow the grass, weed and edge landscaped areas within the Caretakers' area in coordination with supervisor, on a self -directed basis. Value: $537 6. Conduct "Park Patrol" Empty garbage cans in the entire park on the weekends, and certain specific cans throughout the week, in coordination with supervisor, on a self -directed basis. Cans must be emptied prior to events, and must be monitored during events. All cans should be empty on Monday morning for the start of the week. Clean garbage from the ground every day when on duty. Check restrooms and do minor clean/re-stock as needed. Value $1,610 Caretakers Agreement Page 7 of I I 7. Clean restrooms on Saturday and Sunday evenings, in coordination with supervisor, on a self -directed basis. Monitor restrooms during events. Coordinate with supervisor to clean the restrooms during the weekdays as needed. Value $1,610 8. Provide various maintenance services for 4 hours per week on a scheduled and supervised basis. A monthly schedule will be set in advance in coordination with supervisor. 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: $2,146 9. In coordination with supervisor, working on a self -direct basis: monitor the park reservation calendar, configure and prepare the facility for events, welcome and orient event organizers, be present and available to assist during events, clean up and re -configure after each event. Value: $1,073 10. The total value of the Caretakers' duties is $8,050 for the term of this Agreement. See table for details. Caretakers Agreement Page 8 of 11 HJ Carroll Work Analysis Task Hours Week Weeks Total Hours Value Park Monitor General customer service 2 37 74 $ 1,073 Park patron relationships and education Park Patrol 3 37 111 $ 1,610 Empty all garbage on weekends Empty specific containers during week Clean garbage from ground daily Check restroom, minor clean/stock Restroom Cleaning 3 37 111 $ 1,610 1/day on weekends Maintain Caretakers Area 1 37 37 $ 537 Mow seasonally Maintain landscaping Scheduled Maintenance Work 4 37 148 $ 2,146 Landscaping Painting Repairs Miscellaneous Reservations and Events 2 37 74 $ 1,073 Monitor park calendar Set up for events Support during events Clean up after events Total 15.00 $ 8,050 Hourly Rate Equivalent $14.50 Averaged annually, seasonal variations occur CARETAKERS SIGNATURES Al� Name: Date Matt Tyler, Manager Date Jefferson County Parks and Recreation Name Date Caretakers Agreement Page 9 of 11 EXHIBIT B Jefferson County Compensation to the Caretakers As part of this Agreement as Caretakers of the Park, County shall provide for the Caretakers, and the Caretakers shall accept from the County, in full payment for Caretakers' services the following: 1. Fenced Caretakers' area with yard, gated access drive, and shed, on which to place and reside in their recreational vehicle, tiny home, or other portable structure. Caretakers' area is 7,250 square feet. An external storage shed is allowed, but is not to exceed 100 square feet. Value: $615/month or $5,535 for the term of this Agreement. 2. Caretakers may keep up to two (2) vehicles used for regular transportation at the Caretakers' site. Additional vehicles such as boats, utility trailers, or other recreational vehicles may not be stored at the site. Value: $36/month or $324 for the term of this Agreement. 3. County shall provide at no expense: propane, electricity, water, septic, and garbage service. Value: propane $75/month; electricity $65/month; water $35/month; septic $45/month; garbage $23/month or $2,191 for the term of this Agreement. 4. Caretakers shall be responsible for providing their telephone carrier, long distance service, cable service, and Internet services as desired. WAVE cable broadband, high speed Internet and cable TV access is available on site but must be activated and paid for by the Caretakers under the Caretakers' personal account with WAVE cable. 5. Total value of compensation to Caretaker: $8,050 for the term of this Agreement. See table for details. HJ Carroll Caretakers Compensation Table Month 9 Months Caretakers Area $ 615 $ 5,535 Utilities $ 243 $ 2,191 Vehicle Parking $ 36 $ 324 Tota 1 $ 894 $ 8,050 CARETAKERS SIGNATURES lj-lle-�,�� 9-a ac Name: Date /�,� 9 -,2 N me: Date 1� `C, Z� Matt Tyler, Manager Date Jefferson County Parks and Recreation Caretakers Agreement Page 10 of 11 EXHIBIT C Jefferson County Intervention Policy LAW ENFORCEMENT WILL BE DONE BY THE JEFFERSON COUNTY SHERIFF, NOT THE CARETAKERS 1. The Caretakers may in a friendly manner: introduce themselves, greet and assist park visitors, answer questions, and explain regulations in an open manner. The Caretakers may distribute copies of maps, rules and brochures, may assist in locating a part of the park, and will be familiar with points of interest and location of services that might be of interest to the visitor. The Caretakers may assist in park public relations, education activities, and special events. The Caretakers will wear their badges and at least one garment or cap with a Parks and Recreation Logo while interacting with the public. 2. The Caretakers will not attempt to discipline or apprehend any park user. Caretakers 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. 3. The Caretakers are to inform visitors of rules and regulations. If the park users seem cooperative, the Caretakers can ask them to correct the situation in a non -confrontational way. If the park users do not comply after one reminder or intervention, the Caretakers are prohibited from making any further contact with that visitor. The intervention and issue should be documented in the weekly report for follow up by staff or the Jefferon County Sheriff. 4. In the event of an uncooperative visitor, a visitor that makes the Caretakers uncomfortable in any way, or any unpredictable situation, the Caretakers will leave the situation immediately and contact the appropriate party. 5. The Caretakers will never approach a vehicle after dark. A light may be shone on the vehicle from a significant distance. If the visitor's vehicle is vacant and a rule is being violated, the Caretakers may leave written notice using the pre-printed notice book. 6. Per this Agreement, the Caretakers 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. CARETAKERS SIGNATURES f VL G., ��A—,c Name: Date Matt Tyler, Manager Date Jefferson County Parks and Recreation N e: Date Caretakers Agreement Page 11 of 11