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HomeMy WebLinkAboutSeslar, Kevin & Ginger I City of Auburn Caretaker Agreement- Mary Olson Farm This Caretaker Agreement is entered into on the date signed by each party, between the City of Auburn ("City") and ("Caretaker'). GENERAL: A. Caretaker is a volunteer with the City of Auburn. Caretaker expressly agrees that she or he is not an employee of the City or the White Valley River Museum, and is not entitled to a salary, medical benefits, or retirement contributions. B. The parties agree that occupancy of the facilities by Caretaker is specifically conditioned on Caretaker's performance of duties under this contract. As provided for in RCW 59.18.040(8), the j City is not a "landlord" and Caretaker is not a "tenant" under the Residential Landlord-Tenant Act (Chapter 59.18 RCW). TERM: The term of this Agreement shall commence on the date of the last signature below, and shall continue until November 30, 2011. DUTIES: A. The Caretaker shall be responsible to perform tasks for approximately 29 hours a month from October through April and up to a total of 83 hours a month from May through September. Tasks will be performed at the City's Mary Olson Farm park facility located at 28728 Green River Road South Kent, WA 98031. i j B. Caretaker will perform the following tasks: 1. Trim grass around buildings monthly during growing season. 2. Care for chickens and set out water and food for feral cat colony on daily basis. 3. Feed, water and provide general care for two cows or goats and two horses or ponies, move to pasture and to barn as needed, remove manure to compost bins, daily. 1 4. Meet with Museum staff at least monthly. 5. Work some weekends, staff special events, coordinate facility rental (weddings, parties, etc) and other duties as assigned. Summer weekend work anticipated. 6. Weed, water and care for farmhouse gardens. ! 7. Other work-related jobs as requested. 8. Be available when necessary to perform above tasks. 9. Understand and follow directions from supervisor, posted rules and procedures. B. Additionally, Caretaker will be required to perform some or all of the following: speak appropriately to individuals of different ages and backgrounds; physically able to walk or hike on uneven outdoor surfaces on the farm, carry up to 50 pounds for short distances, bend and use hands to perform and complete above tasks in a timely manner; meet commitments of both time Auburn Park Caretaker Agreement - Mary Olson Farm Page 1 of 3 i and effort; and has a devotion to history, historic preservation, farming or the environment, and shows initiative in performing job responsibilities. C. Caretaker will not: 1. Perform vehicle maintenance on the property. 2. Use City equipment for personal benefit. 3. Consume alcohol or use tobacco while performing Caretaker duties, 4. Engage in offensive conduct and the use of offensive language. 5. Display signs, decals, bumper stickers, and posters that express political or religious viewpoints. D. Caretaker will work under the general supervision of the City's Facilities Manager. However, tasks may be assigned by the Director of the White River Valley Museum, acting as the City's agent under an existing lease. E. Caretaker does not have any law enforcement authority. USE OFCITY FACILITIES: The City will provide, for caretaker's use, the following: 1. Mobile home, 12 x 60 feet located at the Mary Olson Farm. 2. Utilities to include electrical, water, septic, and garbage (garbage service is at the nearby golf course). Caretaker is responsible for telephone and television (there is no cable or satellite allowed unless satellite can be sufficiently hidden from public view). INSURANCE COVERAGE: The City is self insured through the Washington Cities Insurance Authority (WCIA) for liability coverage. Volunteers performing within the scope of their assigned duties as authorized by the City are afforded the same coverage as City employees under the City's liability coverage with WCIA. The Caretaker understands that a volunteer's intentional misconduct is not protected or covered by the.City or WCIA. WAIVER & HOLD HARMLESS: The Caretaker is fully aware that the work associated with being a volunteer Caretaker involves certain risks of physical injury or death. Being fully informed as to these risks and in consideration of my being allowed to participate in the City's volunteer Caretaker program, the Caretaker hereby assumes all risk of injury, damage and harm to themselves arising from such activities or use of City facilities. The Caretaker hereby individually and on behalf of their heirs, executors and assignees, release and hold harmless the City, their officials, employees and agents and waive any right of recovery that the Caretaker might have to bring a claim or a lawsuit against the City for any Auburn Park Caretaker Agreement - Mary Olson Farm Page 2 of 3 personal injury, death or other consequences occurring to the Caretaker arising out of my Caretaker activities. TERMINATION: The City reserves the right to terminate this Agreement without cause. The City will give at least 30 days written notice of termination. Upon termination, Caretaker must vacate the property by the termination date provided on the notice. VOLUNTEER RELEASE OF CLAIMS: As a Volunteer, I expressly agree that I will not make claims against and hereby release the City of Auburn, and its officers, agents, employees, successors and assigns from any and all losses or claims for recovery resulting from any theft, vandalism, loss, accidental damages, fire, explosion, water damage or any act of nature to my vehicles or other personal property sustained during my voluntary service for the City under this Agreement. I further expressly agree that I will not make claims against and hereby release the City and its officers, agents, employees, successors and assigns from any and all losses or claims for recovery resulting from injuries or damage to my person to the extent that such injuries are covered by Workers' Compensation Insurance (Title 36 RCW) as described above and waive all claims and release all damages in excess of said coverage. I further expressly agree that I will not make claims against and hereby release the City, and its officers, agents, employees, successors and assigns from any and all losses or claims for recovery resulting from injuries or damage to my person to the extent that such injuries or damage are not caused by the City, or its officers, agents, employees, successors and assigns. 4 AUB CARETAKER NOV ;-7, Z010 o 1,4~~ -I Signature DATE Signa DATE Z~ ~I U e DAIFE I Auburn Park Caretaker Agreement - Mary Olson Farm Page 3 of 3 I .i