HomeMy WebLinkAboutOak Bay Camp Host Agreement 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: March 13, 2023
Subject: Oak Bay Campground Camp Host Agreement
Statement of Issue:
Jackie Herwaldt provided excellence service to the community as Oak Bay Camp Host
in 2022. Jackie Herwaldt will return for her second season in 2023 to help maintain
and supervise Upper and Lower Oak Bay Campground. Duties of the camp host include
cleaning campsites, landscaping, restroom cleaning, checking and logging campsite
permits, and general supervision and monitoring of the facility. The agreement for
provision of these services is ready for approval.
Analysis/Strategic Goals/Pro's Et Con's:
The camp host program is a success. Supervision and monitoring provided by the live-
on-site camp host helps both maintain a clean, functioning and peaceful park, and
protects the environment. All four Jefferson County campgrounds are partially funded
through lodging tax, and had an estimated economic impact of $379,283 in 2022.
Campground use tripled from 2008 to 2022.
Fiscal Impact/Cost Benefit Analysis:
The County will provide the camp host with campsite with power and water valued at
$6,289. In exchange, the County will receive 15.5 hours per week of work, resulting in
a clean, safe, and well-maintained park.
Recommendation:
Approve the agreement and return three signed copies to Public Works.
Reviewed B
Mark McCauley, t6unty Administrator at
CONTRACT REVIEW FORM clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE) �/f y,
CONTRACT WITH: Jackie Herwaldt Contract No: —eA-
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Contract For: Oak Bay Campground Camp Host Services Term: April 1, 2023 to October 31, 2024
COUNTY DEPARTMENT: Public Works
Contact Person: Matt Tyler
Contact Phone: 360-3e5-9129
Contact email: mtylerc@co.jeffersonma.us
AMOUNT: $6,289 PROCESS: Exempt from Bid Process
Revenue: N/A Cooperative Purchase
Expenditure: N/A Competitive Sealed Bid
Matching Funds Required: N/A Small Works Roster
Sources(s)of Matching Funds N/A Vendor List Bid
Fund # N/A RFP or RFQ
Munis Org/Obj N/A 7 Other: Renewal of Existing
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ❑ N/A:❑■ fy,\a �"1 2 -1- Z
Signature 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:
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 2/28/2023.
Approved subject to the comments by the PAO.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 2/28/2023.
Standard Caretaker's agreement language. However please update the
indemnity section per the email sent by the PAO on 2/28/2023.
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
1
a
JEFFERSON COUNTY
OAK BAY CAMPGROUND HOST AGREEMENT
AGREEMENT made between Jackie Herwaldt hereinafter referred to as the "Camp Host"and
Jefferson County, State of Washington,hereinafter referred to as the"County".
RECITALS: The Camp Host is willing to enter into this Agreement with the County, and the
County is willing to retain the Personal Services of the Camp Host, on the terms, covenants, and
conditions set forth hereinafter.
SECTION ONE-AGREEMENT. The County hereby retains the Personal Services of Jackie
Herwaldt to serve as the Camp Host of both Upper and Lower Oak Bay County Park located at
290 Cleveland St., Port Hadlock, Washington. The duties of the 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, 2023 and ending October 31, 2023, subject to prior termination
as hereinafter provided. This agreement is renewable by mutual agreement of both parties. The
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 the Camp
Host, and the Camp Host shall accept from the County, in full payment for the Camp Host's
services the following: see EXHIBIT B.
SECTION FOUR- CAMP HOST BENEFITS. It is understood and agreed by both County and
the Camp Host that the Camp Host is independent contractors with respect to the County and is
not an employee 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,the 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
the Camp Host of any of the terms of this contract, County thereon may terminate this Camp
Oak Bay Camp Host Agreement Page 1 of 9
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's 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 agrees 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 shall
defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers
(and their marital communities) harmless from any claims, injuries, damages, losses or suits,
Oak Bay Camp Host Agreement Page 2 of 9
including attorney's fees, arising out of or resulting from the acts, errors or omissions 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
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 Camp
Host 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. This section shall survive the expiration or termination of this
Agreement.
SECTION FIFTEEN - INSURANCE. The 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 insurance or self-insurance held by the
County.
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
V. Appendix G- Violence in the Workplace Policies and Procedures
Oak Bay Camp Host Agreement Page 3 of 9
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.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
Oak Bay Camp Host Agreement Page 4 of 9
IN WITNESS WHEREOF,the Caretaker has executed this instrument on the day and year first
below written, and the Board of County Commissioners has caused this instrument to be
executed by and in the name of said County of Jefferson the day and year first above written.
Executed by the Caretaker ��,p 1 , 20 L"j
Q
Car t ker
Print Name
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
Kate Dean,District I
Heidi Eisenhour,District 2
Greg Brotherton,District 3
Approved qs to form only:
C February 28, 2023
Phi ip Hunsucker, Date
Ch' f ivil Deputy Prosecuting Attorney
of
F60-:Mon einders,P.E. Date
Public Works Director/County Engineer
Oak Bay Camp Host Agreement Page 5 of 9
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
occasional 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 from time
to time. Communicate regularly with supervisor: fill out timecard every workday; and submit it
weekly on Mondays before 8am. Send a short report via email on Mondays by Sam summarizing
how the weekend went, any issues with campers, which sites are occupied, and maintenance
concerns or questions.
2. The Camp Host should be generally on-duty, and available to answer questions
from campers or staff each Thursday,Friday, Saturday, Sunday, and Monday between the hours
of 11 am and 7pm. This general on-duty time does not count against work hours except when the
camp-host is actually answering questions or otherwise helping campers. Random short(less
than one hour) absences during on-duty days is allowed. The Camp Host will post their return
time during short absences from the park during on-duty hours.
3. The Camp Host is expected to take Tuesday and Wednesday off,during which
time they will not complete any Camp Host service, including being on-duty, monitoring or
supervision and may or may not stay on site at their discretion.
4. The Camp Host must propose by May 1, 2023,to the Parks and Recreation
Manager, a schedule of 20 vacation days. Of those 20 vacation days,no more than 10 days will
be between May 23, 2023, and September 9, 2023. Vacation days may be spent on or off site.
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. Vacation time will occur in blocks of
a maximum of two weeks in any given calendar month, not from June 27, 2023 to July 11, 2023.
5. The Camp Host will monitor site occupancy and posted camping permits; and
maintain a daily occupancy/camping permit log of both Upper and Lower Oak Bay
Campgrounds, and review the log with the Parks and Recreation Manager. The Camp Host does
not have access to the fee payment box but fee payment information can be gained from the
finance department via the Parks and Recreation Manager.
6. The Camp Host will supervise compliance with basic rules and provide verbal and
written reminders and notices when rules are not being followed. The Camp Host will keep a
daily log of verbal and written rule reminders. The Camp Host will never provide enforcement or
enter into a conflicted situation. Enforcement is provided by the Jefferson County Sheriff per
Exhibit C of this agreement.
Oak Bay Camp Host Agreement Page 6 of 9
7. The Camp Host will provide general customer service including establishing
positive relationships with park users, providing information, assisting with issues as they arise,
and making park users feel welcome, respected, and appreciated.
8. The Camp Host will do basic campsite maintenance after each camper leaves and
before the next camper arrives including: clean fire-rings, clean and rake campsite, and clean
picnic table. Campsites can be closed with a barricade for time needed to clean it by the Camp-
Host.
9. The Camp Host will stock toilet, check toilet (sweep, pick up garbage and wipe
surfaces if necessary) 3 times/day at approximately lam, noon, and sunset.
10. The Camp Host will use litter bucket and litter picker most of the time, and will
check the campground for trash or branches, stock payment envelopes, and other minor
maintenance as needed. The camp host will check and fill the dog waste bag dispenser.
11. If the campsite is beyond the capability of the Camp Host to clean it, the Camp
Host should contact staff right away.
12. A breakdown of the hours estimated in each work category is provided below.
Hours can vary between categories. The total weekly work hours are 15.50. The total value of
the Camp Host' duties is $6,275 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*
Occupancy/Permit Monitoring and Rule Compliance
Supervision 8.00 224 $ 3,246
Check occupancy and permit posting,complete log
Monitor rule compliance and provide verbal and written
rule reminders.
Campsite, Grounds, and Restroom Maintenance 7.50 210 $ 3,043
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
Total 15.50 434 $ 6,289
Hourly Rate Equivalent* 14.49
Averaged over Length of Agreement. Seasonal variations occur.
Oak Bay Camp Host Agreement Page 7 of 9
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 the Camp
Host's services the following:
I. The designated Camp Host's 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: $5,275
2. The county will provide mobile, monthly RV tank pumping service for black and grey
water tanks once/month. For this service, a pump-out truck will come to the camp-Host
RV and pump waste directly from the RV tanks. Value: $1,000
"51Wble
28 Week Term
Campsite ($25/Day) 211 Days $ 5,275
Mobile RV Septic Tank Pumping Service 1x per Month ($125/Month) 8 Months $ 1,000
Total $ 6,275
Oak Bay Camp Host Agreement Page 8 of 9
J
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.
6. The Camp Host will not respond to complaints after dark, but will remain in RV and call
911 if necessary.
Oak Bay Camp Host Agreement Page 9 of 9