HomeMy WebLinkAboutAlbright, Cher $18,887 - 020623u ,') -TW - -
JEFFERSON COUNTY
CARETAKER AGREEMENT
THIS CARETAKER AGREEMENT (this "Agreement") is made between Cher Albright ( "the
Caretaker"), and Jefferson County, State of Washington (the "County").
PURPOSE: The purpose of this Agreement is to provide the terms, covenants and conditions
under which Caretaker will provide services to the County at Gibbs Lake County Park, 981
Gibbs Lake Road, Chimacum, Washington (the "Facility").
SECTION ONE —DUTIES OF CARETAKER. The duties of the Caretaker are listed on Exhibit
A. The Caretaker shall perform the duties listed in Exhibit A in a conscientious and skillful
manner.
SECTION TWO —TERM OF AGREEMENT. The term of this Agreement shall be a period of 1
year beginning March 3, 2023 and ending March 2, 2024, subject to earlier termination as
provided in this Agreement. This Agreement is renewable by mutual agreement of both parties.
Caretaker shall request in writing said renewal not less than sixty (60) days prior to the
expiration of this Agreement.
SECTION THREE —COMPENSATION TO CARETAKER. The County shall provide make
payment for the items listed in Exhibit B.
SECTION FOUR —CARETAKER IS INDEPENDENT CONTRACTORS. The Caretaker is
independent contractors with respect to the County and are not employees of the County. The
Caretaker 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 CARETAKER. The
County shall carry industrial insurance coverage on the Caretaker.
SECTION SIX —CARETAKER' LACK OF AUTHORITY TO ENTER INTO CONTRACTS
ON BEHALF OF 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 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 THIS AGREEMENT. This Agreement may be
amended or supplemented only by a writing that is signed by duly authorized representatives of
all the parties.
Caretaker Agreement Page 1 of 11
SECTION FOURTEEN —INDEMNIFICATION AND HOLD HARMLESS. The Caretaker
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 Caretaker 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 Caretaker and the County, its officers, officials, employees, agents
and volunteers (and their marital communities) the Caretaker's liability, including the duty and
cost to defend, hereunder shall be only to the extent of the Caretaker's negligence. 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. The obligations in this paragraph shall survive termination of
this Agreement.
SECTION FIFTEEN —INSURANCE. Caretaker shall carry and shall provide proof of insurance
with the following limits for the duration of this Agreement:
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 Caretaker
for third party liability
3. "Renter's" insurance against loss or liability with respect to the Caretaker' residence.
Said insurance policies will be primary to any insurance or self-insurance held by the
County.
The Caretaker 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.
Said insurance shall be primary to any insurance or self-insurance held by the County.
Caretaker Agreement Page 3 of 11
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 Caretaker 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
Caretaker also agrees that upon receipt of any written public record request, the Caretaker 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).
SECTION TWENTY-FOUR — PETS. The Caretaker may keep one dog, which will be kept on a
leash and prevented from creating a nuisance by barking. The Caretaker will not board any dog
not belonging to the Caretaker for any period.
SECTION TWENTY -FIVE -EQUIPMENT AND VEHICLES. The Caretaker may use the
outside grounds of the Caretaker's area to store one vehicle, one kayak, firewood, one canoe, one
small aluminum boat and two bicycles. The Caretaker may store inside the garage one vehicle,
tools, supplies, and lawn tractor. Firewood must be stored in an organized fashion.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
Caretaker Agreement Page 5 of 11
Jefferson County
Caretaker Agreement for Gibbs Lake Park
EXHIBIT A
Duties of the Caretaker
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; day to day maintenance of the
water system including adding salt to the water softener and changing the water filter.
4. Pick up litter within the park, inspect the kiosks and parking lots on a daily basis. Inspect
the toilet once a day, and clean it two times per week.
5. Using a backpack blower or a rake, clean the park trails and interior access roads of
leaves and small branches as needed and as time allows. Inspect the trails for blockages
by downed trees as needed and report immediately. Noisy equipment such as the string
trimmer and the backpack blower should only be used on weekdays between the hours of
1 Oam and 4pm.
6. 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.
7. Monitor and maintain the beach area and the parking lots including regular trash pick-up,
mowing, and supervision.
Caretaker Agreement Page 7 of 11
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, boathouse, fenced grounds, and dock. Value:
$17,087/year.
2. County shall provide at no expense to Caretaker: garbage service, water service, and
septic service needed for one family. Value: $1,800/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 not engage in any commercial or for -profit enterprise on the designated
Caretaker area.
6. Total Compensation to the Caretaker: $18,887/year
Caretaker Agreement Page 9 of 11
EXHIBIT D
Jefferson County
Caretaker Agreement for Gibbs Lake Park
Maintenance Equipment, Supplies, and Expenses Provided by the County
1. A backpack blower.
2. Supplies required for the freshwater supply system including water softener supplies and
filters.
3. A riding lawn mower and string trimmer will be provided by the county after the mower
and string trimmer owned by the caretaker is no longer serviceable.
4. Fuel, oil, and supplies to operate all power equipment owned by the County.
5. Maintenance of County owned power equipment.
6. Hand saws and pruning saws.
7. Personal protective equipment required for park maintenance work.
Maintenance Equipment, Supplies, and Expenses Provided by the Caretaker
1. The Caretaker will continue to use the riding mower and string trimmer owned by the
Caretaker until this equipment is not serviceable at which time the County will provide a
riding lawn mower and a string trimmer.
2. Caretaker will provide the following equipment at their cost: chainsaw (for approved use
only), shovels, rakes, loppers, shears, digging bar, post hole digger, tarp, wheel barrow,
garbage cans and buckets, and other miscellaneous hand tools.
3. Caretaker will provide maintenance of caretaker owned equipment.
Caretaker Agreement Page 11 of 11
Department of Public Works
O Consent Agenda
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, County Administrator
From: Monte Reinders, P.E., Public Works Director/County Engineer
Agenda Date: February 6, 2023
Subject: Gibbs Lake County Park Caretakers Agreement
Statement of Issue:
Caretaker Cher Albright helps maintain and supervise Gibbs Lake County Park. Duties
of the caretaker include trash pick-up and hauling, mowing, brushing, parking lot
maintenance, trail maintenance, general park supervision, and building maintenance.
The agreement for provision of these services is ready for renewal.
Analysis/Strategic Goals/Pro's It Con's:
The caretaker program is a success. At approximately twice the size of Fort Worden
State Park, Gibbs Lake Parks is a major recreational and ecological asset. Use of Gibbs
Lake tripled between 2010 and 2020 yet the park is consistently maintained in good
condition at a reasonable cost. The supervision and monitoring provided by the live -
on -site caretaker helps both maintain a peaceful park, and protect the environment.
Fiscal Impact/Cost Benefit Analysis:
The County will provide the caretaker with a residence, garage, septic service, fresh
water, and industrial insurance valued at $18,887/year. In exchange, the County will
receive 25 hours/week of skilled labor resulting in a clean, safe, and well -maintained
park.
Recommendation:
Approve the agreement and return three signed copies to Public Works.
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Cher Albright Contract No: PW-Qd,23-,')01
Contract For: Gibbs Lake Park Caretaker Services Term: March 3, 2023 to March 2, 2024
COUNTY DEPARTMENT: Public works
Contact Person: Matt Tyler
Contact Phone: 360-385-9129
Contact entail: mtyler@co.jefferson.wa.us
AMOUNT: $18,887
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
Fund #
Munis Org/Obj
N/A
N/A
N/A
N/A
N/A
N/A
PROCESS: Exempt from Bid Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
Other: Renewal of Existing
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE] WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: 11 N/A: U -�b� `L. 3 _
Signatur Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: ❑ N/A:
Sig naturV Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 1/10/2023.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Lascrfiche):
VElectronically approved as to form by PAO on 1/19/2023.
Standard Caretaker Agreement language.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL