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HomeMy WebLinkAboutCONSENT PW HJ Carroll Caretaker Taylor 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: April 7, 2025 Subject: HJ Carroll Park Caretaker Agreement Statement of Issue: The current HJ Carroll Park caretaker has provided outstanding service to the community but has decided to move on to other pursuits when his agreement ends on April 17, 2025. The current Oak Bay camp-hosts will transition to the HJ Carroll Park caretaker position on April 18, 2025. A caretaker agreement has been prepared and is ready for approval by the BoCC. Analysis/Strategic Goals/Pro's ft Con's: Use of HJ Carroll Park continues to grow. Popular activities include disk golf, the JUMP! playground, events of all kinds, soccer Et softball, basketball, fitness, and enjoying the creek. Local schools regularly use the park for educational activities. The new park caretakers have proven themselves at Oak Bay Campground and will provide excellent services to the park community. The caretaker program provides extensive supervision and maintenance. Fiscal Impact/Cost Benefit Analysis: This 31-week agreement is for park services valued at $10,354. These services are provided in exchange for the use of the caretaker RV site including utilities, of equal value. The caretaker's services are critical to the operation of the park, and include monitoring, supervision, education, maintenance, and event management. Recommendation: Approve three copies of the agreement and return two copies to Public Works. Department Contact: Matt Tyler. 385-9129 Reviewed By: C Z-� Mark McCauley, my Administrator Date CONTRACT REVIEW FORM clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Terry and Susan Taylor Contract No: Contract For: HJ Carroll Park Caretaker Services Term: April 18,2025 to November 18,2025 COUNTY DEPARTMENT: Public Works Contact Person: Matt Tyler Contact Phone: 360-385-9129 Contact email: mtyler&o.jefferson.wa.us AMOUNT: $10,354 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: Recruitment/Selection APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: ❑ N/A:a ✓�` 4 1 1 `� J2 S 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: R 0. 1 2 Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): /Electronically approved by Risk Management on 3/11/2025. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 3/11/2025. Thank you for making the revisions. Value of the contract is now $10,354 rather than the $10,163 listed on the agenda request. 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 CARETAKERS AGREEMENT THIS CARETAKERS AGREEMENT (this "Agreement") is made between Terry and Susan Taylor(the 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 the 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 in 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 seven months beginning April 18, 2025 and ending November 18, 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 three years. The Caretakers shall request in writing said renewal not less than sixty (60) days prior to the expiration of this Agreement. SECTION THREE—COMPENSATION TO CARETAKERS. The County shall provide for 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—CARETAKERS IS INDEPENDENT CONTRACTOR. The Caretakers is an independent contractor with respect to the County and is not an employee of the County. The Caretakers 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. SECTION FIVEINDUSTRIAL INSURANCE PROVIDED TO 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 SEVENENTIRE 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 10 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 NINETERMINATION. 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 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 their 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 10 compliance with the County's safety directives and policies. 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. 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 FIFTEEN—INSURANCE. The 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. 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. Said insurance shall be primary to any insurance or self-insurance held by the County. Caretakers Agreement Page 3 of 10 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 SIXTEENPERSONNEL POLCIES. It shall be a condition of this Agreement that the Caretakers 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 Caretakers shall be removed by the Caretakers by the end of the term of this Agreement. SECTION EIGHTEENBACKGROUND CHECK. Prior to beginning the duties of this Agreement, the Caretakers 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—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—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. SECTION TWENTY-ONE—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 Caretakers Agreement Page 4 of 10 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). (SIGNATURES ARE ON THE FOLLOWING PAGE) Caretakers Agreement Page 5 of 10 JEFFERSON COUNTY WASHINGTON CARETAKERS Board of County Commissioners / 1 Heather Dudley-Nollette, District 1 Date Si a r Date Heidi Eisenhour,District 2 Date Printed ame I� Greg Brotherton, District 3 Date Signature bate SEAL: Printed Name ATTEST: Carolyn Galloway, CMC Date Clerk of the Board Approved as to form only: i for 03/11/2025 Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney Caretakers Agreement Page 6 of 10 EXHIBIT A Jefferson County Duties of the Caretakers See the table below for a the value of each duty. 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 supervision of the Parks Maintenance III Foreperson, 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 by Sam. Send timecard at the end of each week along with a short report via email on Mondays by Sam summarizing how the weekend went, any issues with events or park-users, and maintenance concerns or questions. 2. One or both Caretakers should be on-duty, and available to monitor, supervise and or work at the park throughout the entire day, five days per week. Short-term coming and going throughout on-duty days is expected and beneficial. The Caretakers are 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 Caretakers service, including monitoring or supervision except in case of emergency. 3. Within 30 days of the initiation of this agreement, the Caretakers may propose a vacation schedule of no more than 12 vacation days. 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. 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. 4. Supervise, provide customer service, and monitor all areas of 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. 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. Modifications to the Caretakers area such as placing decorations on the fence, changing the landscaping, or altering utility hook-ups are not allowed. 6. Clean all garbage off the ground on a daily basis. Empty garbage cans in the entire park as needed. Garbage cans should be emptied the day before the dumpster is emptied (Thursdays), and on Monday for the start of the week. Cans must be emptied prior to events and between events. Garbage cans must be monitored during events and emptied as needed. Caretakers Agreement Page 7 of 10 7. Clean garbage from Chimacum Park once/week, and from both sides of the highway between Chimacum Park and HJ Carroll Park once/month. 8. Complete a thorough restroom cleaning on Monday mornings. Additional thorough restroom cleaning may be required either occasionally or on a regular basis due to staffing issues, events, or seasonal increases in park use. Monitor restrooms every working day based on park use levels, and do cursory cleaning including sweeping, stocking and wiping of surfaces, as needed, and every work-day evening just before the restrooms are locked. 9. Provide four hours of varied maintenance work per week based on direction by staff. Maintenance work 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. 10. Check the park reservation calendar every evening. Based on the park reservation calendar, post the reservation sandwich board, configure and prepare the facility for events, welcome and orient event organizers as needed, and be available to assist before and during events. Passively supervise events for rule compliance and provide education and guidance as needed. Clean up and re-configure after each event. 11. The total value of the Caretakers' duties is $10,354 for the term of this Agreement. HJ Carroll Work Analysis Based on 31 Weeks Task Hours/Week Weeks Total Hours Value Park Monitor General customer service 3 31 93 $ 1,553 Park patron relationships and education Clean Garbage and Empty Cans 4 31 124 $ 2,071 Empty garbage cans Clean garbage from ground daily Monitor garbage during events Restroom Cleaning 3 31 93 $ 1,553 1/day,usually on weekends Maintain Caretakers Area 1 31 31 $ 518 Mow seasonally Maintain landscaping Scheduled Maintenance Work 5 31 155 $ 2,589 Landscaping Painting and improvements Repairs&miscellaneous Reservations and Events 4 31 124 $ 2,071 Monitor park calendar Set up for events Support during events Clean up after events Total 20 620 $ 10,354 Hourly Rate Equivalent $ 16.70 (Average,seasonal variations occur) Caretakers Agreement Page 8 of 10 EXHIBIT B Jefferson County Compensation to the Caretakers As part of this Agreement as the 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 (refer to tables below for values): 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. 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. 3. County shall provide at no expense: broadband wi-fi internet access, propane, electricity, water, septic, and trash service. 4. Total value of compensation to Caretakers: $10,354 for the term of this Agreement. See table for details. HJ Carroll Caretakers Compensation Table Week 31 Week Term Caretakers' area with fence,gated private entrance,small storage shed, yard, power, propane,water, private broadband internet, garbage service and storage for 2 vehicles 334 $ 10,354 Total 334 $ 10,354 Caretakers Agreement Page 9 of 10 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 is 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 is 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 Agreement Page 10 of 10