HomeMy WebLinkAboutOak Bay Camphost Agrmt Department of Public Works
O Consent
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, County Administrator
From: Monte Reinders, Public Works Director/County Engineer
Agenda Date: March 18, 2024
Subject: Oak Bay Campground Camp Host Agreement
Statement of Issue:
The Oak Bay camp host position became vacant in October of 2023. The position was
widely advertised and a successful recruitment process has been completed. The
camp host agreement is ready for approval by the BoCC.
Analysis/Strategic Goals/Pro's Et Con's:
The Oak Bay camp host program is a long-term success. The camp hosts provide
valuable services such as cleaning restrooms, preparing campsites, greeting campers,
offering local information, checking for payment, and educating campground users
about the rules. Camp hosts are on-duty on weekends, holidays, and in the evenings.
The program is valuable and well established.
Fiscal Impact/Cost Benefit Analysis:
The camp hosts work 16 people hours per week not including passive monitoring and
customer service. This work is valued at $8,075 per year. In exchange, the county
provides equally an equally valued campsite with water, power, garbage service and
black tank pumping not to exceed $200 per month.
Recommendation:
Approve the agreement and return 3 signed copies to Public Works.
Department Contact:
Matt Tyler, 385-9129
Reviewed By•
jG 4 /3 / G
Mark McCauley, ounty Administrator Da
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Terry Taylor and Susan Cartmel Taylor Contract No: -77I / O4 q -61 r
Contract For: Oak Bay Campground Camp Host Services Term: April 1,2024 to October 31, 2024 J 1
COUNTY DEPARTMENT: Public Works
Contact Person: Man Tyler
Contact Phone: 360-385-9129
Contact email: mtyler@co.jefferson.wa.us
AMOUNT: $8,075 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 ✓ Other:Camp Host Recruitment
APPROVAL STEPS:
STEP 1:DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ! 1 N/A:F— �'�'Za 'rQ-u�-,� 316 ..Z LI
Signatu 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: I N/A: l i f��uy.z.., % '';lLivi
Signatur¢�/ Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
lectronically approved by Risk Management on 3/8/2024.
Please edit to remove duplicate language - equally appears twice in the
samesentnece in_bP fiscal l'_pact section.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 3/8/2024.
Standard, pre-approved camp host agreement.
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
JEFFERSON COUNTY
VOLUNTEER CAMP HOSTS AGREEMENT
THIS VOLUNTEER CAMP HOSTS AGREEMENT (this "Agreement") is made between Terry
Taylor and Susan Cartmel Taylor (collectively "Camp Hosts") and Jefferson County, State of
Washington (the "County").
PURPOSE: The purpose of this Agreement is to provide the terms, covenants and conditions
under which Camp Hosts will provide services to the County at Upper and Lower Oak Bay
Campground, 290 Cleveland St & 301 Portage Way, Port Hadlock, Washington (the "Facility").
SECTION ONE —DUTIES OF CAMP HOSTS. The duties of the Camp Hosts are listed on
Exhibit A. The Camp Hosts 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 April 1, 2024 and ending October 31, 2024 subject to earlier termination as
provided in this Agreement. This Agreement is renewable by mutual agreement of both parties.
Camp Hosts shall request in writing said renewal not less than sixty (60) days prior to the
expiration of this Agreement.
SECTION THREE —COMPENSATION TO CAMP HOSTS. The County shall provide the
items listed in.Exhibit B_, as full payment for Caretakers services. Services performed before the
date this Agreement was signed are hereby ratified.
SECTION FOUR —CAMP HOSTS ARE INDEPENDENT CONTRACTORS. The Camp Hosts
are independent contractors with respect to the County and are not employees of the County.
The Camp Hosts 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 CAMP HOSTS. The
County shall carry industrial insurance coverage on the Camp Hosts.
SECTION SIX —CAMP HOSTS' LACK OF AUTHORITY TO ENTER INTO CONTRACTS
ON BEHALF OF THE COUNTY. Notwithstanding anything herein contained to the contrary,
Camp Hosts 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.
Camp -Hosts Agreement Page 1 of 11
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.
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 Camp Hosts of any of the terms of this Agreement, the County thereon may terminate this
Camp Hosts Agreement with notice and with compensation only to the date of such termination.
Upon written notice from the County to the Camp Hosts that the County intends to terminate this
Agreement based upon the Camp Hosts' breach of this Agreement the Camp Hosts 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 Camp Hosts from carrying out the day-to-day duties of the Camp Hosts
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 Camp Hosts to successfully perform the
essential functions of the Camp Hosts position. Reasonable accommodations may be made to
enable individuals with disabilities to perform the essential functions.
While performing the Camp Hosts' duties, the Camp Hosts are exposed to outside weather
conditions. The Camp Hosts' 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
Camp Hosts shall follow all relevant state and federal workplace safety requirements to include
Camp -Hosts Agreement Page 2 of 11
compliance with the County's safety directives and polies. The Camp Hosts 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. The Camp Hosts
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 Camp Hosts 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 Camp Hosts and the County, its officers, officials, employees,
agents and volunteers (and their marital communities) the Camp Hosts' liability, including the
duty and cost to defend, hereunder shall be only to the extent of the Camp Hosts' negligence.
The Camp Hosts 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. Camp Hosts 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 Hosts
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 Camp Hosts' mobile residences. Said
insurance policies will be primary to any insurance or self-insurance held by the County.
The Camp Hosts 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.
Camp -Hosts 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
Camp Hosts shall provide to comply with this Agreement.
The Camp Hosts' 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 Camp Hosts' 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 —PERSONNEL POLICIES. It shall be a condition of this Agreement that
the Camp Hosts comply with the Jefferson County Personnel Administration Manual, including,
but not limited to:
1. Appendix B - Code of Ethics Policies and Procedures;
2. Appendix C - Rules of Conduct Policies and Procedures;
3. Appendix E - Alcohol and Drug Free Workplace Policies and Procedures;
4. Appendix F - Anti -Harassment Policy Policies and Procedures; and,
5. Appendix G - Violence in the Workplace Policies and Procedures
SECTION SEVENTEEN —PERSONAL PROPERTY. All personal property belonging to the
Camp Hosts shall be removed by the Camp Hosts by the end of the term of this Agreement.
SECTION EIGHTEEN —BACKGROUND CHECK. Prior to beginning the duties of this
Agreement, the Camp Hosts 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 NINETEEN — PETS. The Camp Hosts may keep one dog which will be kept on a
leash and prevented from creating a nuisance by barking. The dog must not interfere with any
aspect of the Camp Hosts's duties as described in this agreement. The Camp Hosts will not board
any pet not belonging to the Camp Hosts for any period. The Camp Hosts may keep one cat
which will be kept inside or on a leash at all times.
SECTION TWENTY —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 -ONE —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.
Camp -Hosts Agreement Page 4 of 11
SECTION TWENTY -TWO -TRAINING REQUIREMENTS
The Camp Hosts must participate in the following training programs which will be provided by
the County at the County's expense: First Aid/CPR, and Blood Borne Pathogen Safety.
SECTION TWENTY-THREEPUBLIC 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 Camp Hosts
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 Camp
Hosts also agrees that upon receipt of any written public record request, the Camp Hosts 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- NO PARK MODIFICATIONS. The Camp Hosts will not make
modifications, repairs, improvements, or changes to any trail, building or other facility or
resource in the park without prior written permission.
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)
Camp -Hosts Agreement Page 5 of 11
IN WITNESS WHEREOF, the Camp Hosts 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.
JEFFERSON COUNTY WASHINGTON CAMP HOSTS
Board of County Commissioners
Jefferson County, Washington
L-In
Kate Dean, Commissioner Date
Greg Brotherton, Commissioner Date
Heidi Eisenhour, Commissioner Date
SEAL:
ATTEST:
Carolyn Galloway Date
Clerk of the Board
Approved as to form only:
March 8, 2024
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Camp -Hosts Agreement Page 6 of l 1
1"3�do Signature - .
EXHIBIT A
Jefferson County
Volunteer Camp Hosts Agreement for Upper and Lower Oak Bay Campgrounds
Provided to the Camp Hosts
As part of this Agreement as Camp Hosts of the Park, County shall provide for the Camp Hosts,
and the Camp Hosts shall accept from the County, in full payment for Camp Hosts' services the
following:
1. Upper Oak Bay Campsite 1 is the designated Camp Hosts area on which the
Camp Hosts may reside in his/her pre -approved recreational vehicle or other portable structure,
and store 2 approved vehicles. Campsite includes water, power, and garbage service. Value:
$330 per week or $6,510 for the term of this Agreement.
2. Mobile RV septic pumping service not to exceed $200 per every 4 weeks. Value:
$1550.
3. Total value of compensation to Camp Hosts: $8,060 for the term of this
Agreement.
Camp -Hosts Agreement Page 7 of 11
EXHIBIT B
Jefferson County
Volunteer Camp Hosts Agreement for Upper and Lower Oak Bay Campgrounds
Duties of the Camp Hosts
1. Serve as a vital volunteer team member within Jefferson County. Accept and agree to the
general management of the Parks and Recreation Manager, and the supervision of the
Parks Maintenance III Foreperson, or designated representative of that agency, and
comply with stated duties of this Agreement and additional duties from time to time.
2. Communicate regularly with supervisor: fill out time reporting spreadsheet every
workday; and submit it weekly on Mondays by Sam. Send a short report via email on
Mondays by 8am summarizing how the week went, any issues with events or park -users,
and maintenance concerns or questions.
Supervise, provide customer service, and monitor Upper and Lower Oak Bay
Campgrounds on a self -directed basis. 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. Walk or bicycle both
campgrounds at least 3 x day to (1) check permits, (2) meet and greet park patrons, (3)
check for issues, (4) complete campground log, and (5) carry bucket and picker and pick
up trash. When rules are not being followed, or other issues occur, and it is safe, attempt
to solve the problem by educating the camper in a friendly manner. If the camper is not
present, then the park rule reminder notice should be used. If compliance is not achieved
then document and report the issue to the appropriate party. In case of emergency, contact
911 directly. Communicate with staff as needed. Value: $163 per week, $5,047 for the
term of the agreement.
4. Check and clean fire -rings and rake campsites after use. Check restrooms and do a `touch
up' clean including sweeping, quickly wiping surfaces, and stocking toilet paper. Staff
are responsible for deep cleaning the restroom on a regular basis. Value: $98 per week,
$3,028 for the term of the agreement.
5. The Camp Hosts shall be passively on -duty, and generally available to assist campers or
coordinate with staff 5 days/week on Thursday through Monday, from approximately
11:OOam to 8:OOpm. Short-term coming and going throughout on -duty days is expected
and is beneficial. The Camp Hosts is expected to be off -duty (either at the park or away
from the park) on Tuesday and Wednesday of each week, during which time they will not
complete any Camp Hosts service, including monitoring or supervision. The Camp Hosts
shall post the on-duty/off duty sign at appropriate times.
6. Within 30 days of the initiation of this agreement, the Camp Hosts may propose a
vacation schedule that does not include holiday weekends, of no more than 15 vacation
days for the duration of this agreement. The Parks and Recreation Manager has the
Camp -Hosts Agreement Page 8 of 11
authority to approve, deny, or modify the proposal based on the needs of the park, and the
availability of staff. Modifications to the approved vacation schedule can be proposed no
less than 30 days in advance and are also subject to the approval of the Parks and
Recreation Manager.
7. Monitor the condition of the campsite posts, campfire rings, picnic tables, water spigots,
kiosks, restrooms, trails, vegetation, and other park resources and report any maintenance
or repair issues to as soon as possible.
8. Maintain designated Camp Hosts's area in a park -like manner. No extra equipment or
belonging may be stored on -site. The Camp Hosts area shall be kept clean and
presentable at all times.
9. 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 Camp Hosts attempt to personally apprehend the person(s) so acting.
10. 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.
11. Other duties as assigned.
12. Total weekly workload not including passive monitoring is 16 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.
13. Using the rate of $16.25/hour, the value of the duties of the Camp Hosts is $8,060
Camp -Hosts Agreement Page 9 of 11
EXHIBIT C
Jefferson County
Camp Hosts Agreement for Upper and Lower Oak Bay Campgrounds
Guidelines for Enforcement of Rules and Laws
■ If the Camp Hosts ever feel unsafe then the Camp Hosts should immediately contact law
enforcement directly. This can be done by dialing 911 in an emergency (threat to life,
threat to property). In an emergency, call 911 first, then contact parks and recreation staff.
■ Assistance that is not an emergency can be obtained calling the `back -number' of the Jeff
Com 911 dispatcher at 360-344-9779. If staff are available then usually the Camp Host
will contact parks and recreation staff first and staff will seek assistance. If parks and
recreation staff are not available because it is a weekend, holiday, or after hours, the
Camp Host should call for assistance directly.
■ The basic philosophy of enforcement is that the rules are clear and available, and
everyone must follow the same rules. People not following the rules will be asked to
comply. If they do not comply promptly to the best of their ability then law enforcement
will be contacted. Law enforcement has an number of options they can pursue including
issuing a no -trespass order.
■ More information will be provided about this topic but the guidelines below are of utmost
importance.
LAW ENFORCEMENT WILL BE DONE BY THE JEFFERSON COUNTY SHERIFF,
NOT THE CAMP HOSTS
1. The Camp Hosts may in a friendly manner: introduce self, greet and assist park
visitors, answer questions and explain regulations in an open and friendly manner. The Camp
Hosts 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 Camp Hosts may assist in park public relations, education activities and special
events. The Camp Hosts will wear their badge and at least one garment or cap with a Parks and
Recreation Logo while interacting with the public.
2. The Camp Hosts will not attempt to discipline or apprehend any park user. Camp
Hosts 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 Camp Hosts are to inform visitors of rules and regulations. If the park users
seem cooperative, the Camp Hosts 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 Camp Hosts
are prohibited from making any further contact with that visitor. The Camp Hosts must keep in
mind that they may not receive immediate response from law enforcement.
Camp -Hosts Agreement Page 10 of 11
4. In the event of an uncooperative visitor, a visitor that makes the Camp Hosts
uncomfortable in any way, or in any unpredictable situation, the Camp Hosts 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 Camp Hosts may
leave written notice, using the pre-printed notice book.
6. Per this Agreement, the Camp Hosts 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.
Camp -Hosts Agreement Page 11 of 11