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HomeMy WebLinkAboutGary Moberly City of Auburn Volunteer Agreement—Mary Olson Farm This Agreement is made, by and between the City of Auburn, a political subdivision of the State of Washington hereinafter referred to as the "City" and Gary Moberly hereinafter referred to as the "Volunteer." PURPOSE. The purpose of this Agreement is to outline the responsibilities of the City in providing volunteer opportunities, and to create an understanding between the City and the Volunteer. I. GENERAL. A. Volunteer is a volunteer with the City of Auburn. Volunteer expressly agrees that 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 and voluntarily will perform non-compensated services for the City as outlined in this Agreement. B. The Volunteer agrees to abide by all relevant City policies and procedures and to perform the volunteer services in a safe,responsible manner in accordance with the descriptions of service as outlined in this Agreement. C. It is further understood that this Agreement shall not in any way constitute nor create an employer/employee relationship between the City and the Volunteer. The City shall not be responsible for,nor liable for,nor shall the applicant be eligible to receive,any compensation or benefits as a result of this Agreement EXCEPT for State Labor and Industries Industrial Insurance medical aid coverage while volunteering labor. In consideration of the City giving me permission to perform these volunteer services,I understand that: o I am not to appear for volunteer service under the influence of any illegal drugs or alcohol. The Volunteer agrees to inform the supervisor at the beginning of the shift if taking any over-the-counter or prescription medications which may impair the ability to perform volunteer duties. o I am not to have child(ren)with me,during my volunteer activities,that are under 16 years of age(excluding child participation in the program). if I do bring with me any child(ren) under 16 years of age(which is a violation of this agreement unless they are participating in the program), I understand I will be held solely liable,and assume all risk of liability, for my child(ren)'s actions and agree to hold the City harmless from any and all such related claims against the City;except for injuries and damages caused by the sole negligence of the City o I will abide by all City policies regarding personal conduct while performing volunteer services. Auburn Park Volunteer Agreement—Mary Olson Farm Page I of 4 • I agree not to go beyond the scope of volunteer work agreed to without authorization. • I am to be trained on any activity that I am unfamiliar with,learn the corresponding policies, and it is my responsibility to understand them completely or ask questions until I feel confident to perform them. • Depending on the scope of volunteer work,the following policies may apply Driving, Safety Procedures, Computer Operation,Dress Code,Anti Harassment, Confidentiality, and copies of these policies will be provided to the volunteer along with the signed copy of this agreement. • Should an injury occur during the scope of my service the City has included my hours of volunteer service in the State Labor and Industries coverage for volunteer workers. • I understand that I am to report any on-the-job injury or illness, no matter how minor,to my supervisor D. The parties agree that occupancy of the facilities by Volunteer is specifically conditioned on Volunteer's performance of duties under this Agreement.As provided for in RCW 59.18.040(8), the City is not a`landlord"and Volunteer is not a"tenant"under the Residential Landlord-Tenant Act(Chapter 59.18 RCW). H. TERM:The term of this Agreement shall come mnce on the date of the last signature below,and shall continue until September 30,2013 unless cancelled earlier by either party M. DUTIES: A. The Volunteer shall be responsible to perform tasks for approximately 35 hours a month from October through April and up to a total of 85 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 B. Volunteer 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 4. Meet with Museum staff at least monthly 5. Work most summer weekends, staff special events,coordinate facility rental(weddings, parties,etc)and other duties as assigned. 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. Auburn Park Volunteer Agreement—Mary Olson Farm Page 2 of 4 C.Additionally, Volunteer 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 and effort;and has a devotion to history, historic preservation, fanning or the environment, and shows initiative in performing job responsibilities. D Volunteer will not: 1. Perform vehicle maintenance on the property. 2. Use City equipment for personal benefit. 3. Consume alcohol or use tobacco while performing Volunteer 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. 6. Store personal property(tricycles,motorcycles,toys,etc)within view of the public. E.Volunteer 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. F Volunteer does not have any law enforcement authority and is advised to call 911 to report any suspected or actual criminal situations or emergencies IV USE OF CITY FACILITIES: The City will provide, for Volunteer'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). 3. Use of up to .5 acres of land to farm for the Volunteer's own benefit; land located north of the parking in the north meadow,to be cultivated and cared for at the volunteer's expense. Volunteer is responsible for any and all other utilities and services not specifically provided for by the City such as,but not limited to internet,telephone and television(there is no cable or satellite allowed unless satellite can be sufficiently hidden from public view). INSURANCE COVERAGE: LIABILITY COVERAGE. I understand that 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. I am fully aware that a volunteer's intentional misconduct is not protected or covered by the City or WCIA. Volunteer agrees to obtain and maintain,while using the City's facilities,homeowner's or renter's insurance(HO-4 and/or a liability umbrella policy)with liability coverage in the minimum amount Auburn Park Volunteer Agreement—Mary Olson Farm Page 3 of 4 of$500,000,which shall include coverage for injury to any person or property arising from Volunteer's occupancy of the premises and the CITY shall be named as additionally insured on this policy The Volunteer agrees to famish a Certificate of Insurance to the CITY and the CITY shall be notified a minimum of twenty(20)days prior to any cancellation or modification of the policy IV WAIVER& HOLD HARMLESS: Volunteer is fully aware that the work associated with being a City Volunteer involves certain risks of physical injury or death. Being fully informed as to these risks and in consideration of the Volunteer being allowed to participate in the City's Volunteer Program,the Volunteer hereby assumes all risk of injury,damage and harm to the Volunteer arising from such activities or use of City Facilities. The Volunteer also hereby individually and on behalf of his heirs,executors and assignees,release and hold harmless the City, its officials,employees and agents and waive any right of recovery that the Volunteer might have to bring a claim or a lawsuit against them for any personal injury,death or other consequences occurring to me arising out of my volunteer activities. V TERMINATION-The City and the Volunteer reserves the right to terminate this Agreement without cause for any reason whatsoever. The City will give written notice of termination. Upon termination, Volunteer must vacate the property within 30 days of receiving the written notice by the City Volunteer agrees that he is providing volunteer services at will and may be asked to discontinue such without prior notice or reason. ITY OF VOLUNTEER SEP 13 2012 Z �� Signature DATE Signature A Signature DATE Auburn Park Volunteer Agreement—Mary Olson Faris Page 4 of 4 of$500,000,which shall include coverage for injury to any person or property arising from Volunteer's occupancy of the premises and the CITY shall be named as additionally insured on this policy The Volunteer agrees to famish a Certificate of Insurance to the CITY and the CITY shall be notified a minimum of twenty(20)days prior to any cancellation or modification of the policy IV. WAIVER& HOLD HARMLESS: Volunteer is fully aware that the work associated with being a City Volunteer involves certain risks of physical injury or death. Being fully informed as to these risks and in consideration of the Volunteer being allowed to participate in the City's Volunteer Program,the Volunteer hereby assumes all risk of injury, damage and hum to the Volunteer arising from such activities or use of City Facilities.The Volunteer also hereby individually and on behalf of his heirs, executors and assignees,release and hold harmless the City, its officials, employees and agents and waive any right of recovery that the Volunteer might have to bring a claim or a lawsuit against them for any personal injury,death or other consequences occurring to me arising out of my volunteer activities. V. TERMINATION: The City and the Volunteer reserves the right to terminate this Agreement without cause for any reason whatsoever.The City will give written notice of termination. Upon termination, Volunteer must vacate the property within 30 days of receiving the written notice by the City Volunteer agrees that he is providing volunteer services at will and may be asked to discontinue such without prior notice or reason. ITY OF VOLUNTEER sEP 13 202 Slo,z Signature DATE Signature DATE Signature DATE Auburn Park Volunteer Agreement—Mary Olson Farm Page 4 of 4 C.Additionally,Volunteer 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 mann&,meet commitments of both time and effort; and has a devotion to history, historic preservation, farming or the environment,and shows initiative in performing job responsibilities. D. Volunteer will not: 1. Perform vehicle maintenance on the property. 2 Use City equipment for personal benefit. 3. Consume alcohol or use tobacco while performing Volunteer 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. 6. Store personal property(tricycles,motorcycles,toys,etc)within view of the public. E.Volunteer 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. F Volunteer does not have any law enforcement authority and is advised to call 911 to report any suspected or actual criminal situations or emergencies IV USE OF CITY FACILITIES: The City will provide,for Volunteer'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). 3. Use of up to .5 acres of land to farm for the Volunteer's own benefit; land located north of the parking in the north meadow,to be cultivated and cared for at the volunteer's expense. Volunteer is responsible for any and all other utilities and services not specifically provided for by the City such as,but not limited to internet,telephone and television(there is no cable or satellite allowed unless satellite can be sufficiently hidden from public view). INSURANCE COVERAGE: LIABILITY COVERAGE. I understand that 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. I am fully aware that a volunteer's intentional misconduct is not protected or covered by the City or WCIA. Volunteer agrees to obtain and maintain, while using the City's facilities,homeowner's or renter's insurance(HO-4 and/or a liability umbrella policy)with liability coverage in the minimum amount Auburn Park Volunteer Agreement—Mary Olson Farm Page 3 of 4 • I agree not to go beyond the scope of volunteer work agreed to without authorization. • 1 am to be trained on any activity that I am unfamiliar with, learn the corresponding policies,and it is my responsibility to understand them completely or ask questions until I feel confident to perform them. • Depending on the scope of volunteer work, the following policies may apply Driving, Safety Procedures,Computer Operation,Dress Code,Anti Harassment, Confidentiality,and copies of these policies will be provided to the volunteer along with the signed copy of this agreement. o Should an injury occur during the scope of my service the City has included my hours of volunteer service in the State Labor and Industries coverage for volunteer workers.. • I understand that I stir to report any on-the-job injury or illness,no matter how minor,to my supervisor. D. The parties agree that occupancy of the facilities by Volunteer is specifically conditioned on Volunteer's performance of duties under this Agreement. As provided for in RCW 59.18.040(8), the City is not a"landlord"and Volunteer is not a"tenant"under the Residential Landlord-Tenant Act(Chapter 59 18 RCW). IL TERM: The term of this Agreement shall commence on the date of the last signature below,and shall continue until September 30,2013 unless cancelled earlier by either party III. DUTIES: A. The Volunteer shall be responsible to perform tasks for approximately 35 hour;a month from October through April and up to a total of 85 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 B. Volunteer 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 4. Meet with Museum staff at least monthly 5. Work most summer weekends, staff special events,coordinate facility rental (weddings, parties,etc)and other duties as assigned. 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. Auburn Park Volunteer Agreement—Mary Olson Farm Page 2 of 4 City of Auburn Volunteer Agreement—Mary Olson Farm This Agreement is made, by and between the City of Auburn, a political subdivision of the State of Washington hereinafter referred to as the "City" and Gary Moberly hereinafter referred to as the "Volunteer." PURPOSE: The purpose of this Agreement is to outline the responsibilities of the City in providing volunteer opportunities, and to create an understanding between the City and the Volunteer. I. GENERAL. A. Volunteer is a volunteer with the City of Auburn. Volunteer expressly agrees that 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 and voluntarily will perform non-compensated services for the City as outlined in this Agreement. B. The Volunteer agrees to abide by all relevant City policies and procedures and to perform the volunteer services in a safe,responsible manner in accordance with the descriptions of service as outlined in this Agreement. C. It is further understood that this Agreement shall not in any way constitute nor create an employer/eniployee relationship between the City and the Volunteer. The City shall not be responsible for,nor liable for,nor shall the applicant be eligible to receive,any compensation or benefits as a result of this Agreement EXCEPT for State Labor and Industries Industrial Insurance medical aid coverage while volunteering labor. In consideration of the City giving me permission to perform these volunteer services,I understand that: • I am not to appear for volunteer service under the influence of any illegal drugs or alcohol. The Volunteer agrees to inform the supervisor at the beginning of the shift if taking any over-tlie-counter or prescription medications which may impair the ability to perform volunteer duties. • I am not to have child(ren)with me, during my volunteer activities,that are under 16 years of age(excluding child participation in the program). If I do bring with me any child(ren) under 16 years of age(which is a violation of this agreement unless they are participating in the program),I understand I will be held solely liable,and assume all risk of liability,for my child(ren)'s actions,and agree to hold the City harmless from any and all such related claims against the City; except for injuries and damages caused by the sole negligence of the City • 1 will abide by all City policies regarding personal conduct while performing volunteer services. Auburn Park Volunteer Agreement—Mary Olson Farm Page 1 of 4