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HomeMy WebLinkAboutClayton Casto n COnWaCA -M W-12\ Park Host Contract Page 1 of 3 MASON COUNTY PARKS AND TRAILS On-site Park Host CONTRACTUAL AGREEMENT AGREEMENT made between Clayton Casto , of Mason County, hereinafter referred to as On-site Park Host and MASON COUNTY PARKS AND TRAILS DEPARTMENT, State of Washington, County of Mason, State of Washington, hereinafter referred to as Contractor. RECITALS: Park Host is willing to be contracted by Contractor, and Contractor is willing to contract the Park Host, on the terms, covenants, and conditions set forth hereinafter including such terms, covenants and conditions as may be set forth hereinafter. SECTION ONE—DUTIES. Contractor hereby engages Park Host as the Park Host of MASON COUNTY PARKS AND TRAILS DEPARTMENT, Sandhill Park, Belfair, Washington. The duties of MASON COUNTY PARKS AND TRAILS Park Host specifically require: ♦ Being at the Mason County Park site during the hours of darkness and during the day on Friday, Saturday, Sunday and Holidays. Time off during the week is allowable, please notify the contractor. ♦ Park Host will open and close the park daily in accordance with park hours as deemed so by Contractor. The evening security round shall consist of ensuring the doors of all buildings or restrooms are locked, gates are shut and locked, and all guests are off the grounds. ♦ Conduct a daily park inspection, advising Mason County Parks and Trails Department of any hazardous or unsafe condition that may exist; any broken fixtures, lighting or plumbing and any vandalism to the park facilities. ♦ Perform light maintenance of park grounds as directed, i.e. stock and clean restrooms, litter pick-up, and other duties as assigned. ♦ Park Host agrees to call the Mason County Sheriff if anything out of the ordinary is observed or heard; but under no condition or situation will attempt to apprehend the person(s) so acting. ♦ Requests for off duty time shall be negotiated with the Contractor. ♦ Park Host is required to make the appropriate contacts if any situation should require intervention by parks staff or law enforcement. Contact persons are: 1. Ross McDowell 360-427-9670, extension 806 Cell: 360-490-7646 Home: 360-751-2961 2. Carl Olson 360-427-9670, extension 535 Cell: 360-490-0539 Home: 360-432-0465 OR Emergency: 911 Park Host hereby accepts and agrees to such engagement, subject to the general supervision and pursuant to the orders, advice and direction of related services and duties as may be assigned to him/her from time to time by Contractor, subject to mutual consideration of Section Three. SECTION TWO -TERMS. The term of this agreement shall be from January 1, 2021 to December 31, 2021. Park Host Contract Page 2 of 3 SECTION THREE - COMPENSATION TO PARK HOST/RESIDENT. Contractor shall provide for Park Host, and Park Host shall accept from Contractor, in full payment for Park Host services the following: A designated park host site located at the park. Be it understood that the Park Host shall be responsible for providing his/her telephone carrier and long distance service. Contractor shall provide electrical utilities, water, septic and garbage service. SECTION FOUR—PARK HOST/RESIDENT BENEFITS. It is understood and agreed by both Contractor and Park Host that Park Host is not an employee of Contractor and shall not receive the benefits available to Mason 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 Contractor to carry Industrial Insurance coverage on the Park Host. SECTION FIVE—CONDITIONS OF SERVICE. Park Host shall maintain designated residential area in a neat, orderly manner, and shall prevent the accumulation of debris, or any other material or objects which are not compatible to the environment of the park area such as metal, lumber or wood products, abandoned vehicles or appliances, tires or any other like materials. No services or activities shall be undertaken on Mason County Parks Property which result in compensation or benefit to the Park Host. There shall be no unauthorized or private use of park. All residents at the County-owned premises shall undergo a Washington State Patrol Background Check that indicates they are acceptable for involvement with youth activities. No illegal activities involving the Park Host shall be undertaken or allowed to take place on or about the park properties or Park Host residence. Only the Park Host shall be allowed to operate County-owned equipment, and then, only in the performance of work approved by the County. Residence in County-owned facilities is restricted to the Contractor and their immediate family. Residence shall be defined as any extended stay of more than one week in a calendar month. Immediate family shall mean the spouse and or legal dependents of the Contractor. SECTION SIX- CONFLICTING OBLIGATION. In cases of emergency or conflicting obligation, the Park Host is responsible for the continued completion of the duties specified in this contract. If the Park Host is unable to resolve the conflict, Mason County Parks and Trails Director must be notified. SECTION SEVEN - CONTRACT AUTHORITY RESERVED BY COUNTY. Notwithstanding anything contained herein to the contrary, Contractor shall not have the right to make any contracts or commitments for, or on behalf of the County without the written consent of the County SECTION EIGHT- ENTIRE AGREEMENT. This Agreement, together with any Attachments, represents the obligations of both the County and the Contractor in their entirety. No other representations, whether verbal or in writing, that are not contained herein, shall be binding upon the parties. SECTION NINE - AMENDMENT OF AGREEMENT. This Agreement may be changed or modified only with the mutual agreement of both the Contractor and the Park Host, and only then upon approval through the appropriate processes then in effect for the County for the obligations contained in any modification or change. SECTION TEN -TERMINATION. This agreement may be terminated by either party, without cause, upon six weeks written notice to the other. In case of any violation of the terms of this Agreement by Contractor, or the physical inability of the Contractor to perform the required duties, the County may terminate employment immediately, with compensation only to the date of such termination. SECTION ELEVEN - SEVERABILITY. In the event that any competent court finds any specific term or provision of this Agreement invalid, the remaining terms and provisions shall be in full force and effect as if such provisions were not contained herein. SECTION TWELVE - CHOICE OF VENUE. It is the intention of the parties that all suits and special Park Host Contract Page 3 of 3 proceedings pertaining to the enforcement of this Agreement shall be in accordance with and pursuant to the laws of the State of Washington. Any actions or matters shall come before the courts of Mason County, Washington for actions and/or decisions. SECTION THIRTEEN -TERMINATION FOR DISABILITY. Notwithstanding anything in this agreement to the contrary, Contractor is hereby given the.option to terminate this agreement in the event that Park Host shall, during the term hereof, become permanently disabled, as the term permanently disabled is hereinafter fixed and defined. Such option shall be exercised by Contractor giving notice to Park Host by registered mail, addressed to him/her at (PO Box 1611 Belfair, WA 98528) or at such other address as Contractor shall designate in writing. On the giving of such notice, this Agreement shall cease on the last day of the month in which the notice is mailed, with the same force and effect as if such last day of the month were the date originally herein set forth as the termination date thereof. For the purpose of this agreement, Park Host shall be deemed to have become permanently disabled if, during any year of the term hereof, because of ill health, physical or mental disability or for other cause beyond his/her control he/she shall have been continuously unable or unwilling or shall have failed to perform his/her duties for a total period of thirty (30) days, irrespective of whether or not such days are consecutive. For the purpose hereof, the term any year of the term hereof, is defined to mean any 12-month calendar year period during the Park Host's affiliation with the Contractor in the capacity of Mason County Parks and Trails Park Host. SECTION FOURTEEN - SAFETY POLICY. It shall be a condition of employment to follow all safety practices set forth in Mason County Accident Prevention Policy and the State of Washington. IN WITNESS WHEREOF, the parties have executed this agreement at Shelton, Washington on this, the _day of ItLuj 20 20 . ON-SITE PARK HOST Kevin Shutty, Commissioner 4 Sharon Trask, Commissioner Date: ATTEST: C'(1C�QJM�cI.P. �p�g McKenzie SiWth, Clerk of the Board APPROVED AS TO FORM: Tim Whi ehead C f-Deputy Prosecutor BOARD OF MASON COUNTY COMMISSIONERS 4 I Randy Neatherl'n, Commissioner