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HomeMy WebLinkAbout2023, Volunteer Agreement - Mary Olson Farm, Stuart Sean MatthisAuburn Park Volunteer Agreement – Mary Olson Farm Page 1 of 5 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 (City), and Stuart Sean Matthis (Volunteer). I. CITY-VOLUNTEER RELATIONSHIP Volunteer has applied for volunteer work with the City. The City has accepted Volunteer’s application and agrees to retain Volunteer’s services for the City under this Agreement. Volunteer expressly agrees that by virtue of the City’s acceptance and this Agreement, he is a City volunteer as defined in RCW 51.12.035(2), and not a City employee. As such, Volunteer acknowledges no entitlement to a salary, employment benefits, or retirement contributions from the City, other than medical aid benefits pursuant to RCW 51.12.035(2). Volunteer agrees to perform the non-compensated services for the City as outlined in this Agreement. II. COMPLIANCE WITH POLICIES AND RULES APPLICABLE TO VOLUNTEER SERVICE In performing the volunteer services under this Agreement, Volunteer understands and agrees to the following: A. Compliance with City policies and procedures. Volunteer agrees that they have received and reviewed City policies and procedures applicable to the services outlined in this Agreement. Depending on the scope of volunteer work, some or all of the following policies may apply: Driving, Safety Procedures, Computer Operation, Dress Code, AntiHarassment, and Confidentiality. Volunteer agrees to comply with these City policies and procedures in the performance of this Agreement, and to perform the volunteer services outlined in this Agreement safely and responsibly. B. No alcohol or drugs. Volunteer agrees not to appear for volunteer service under the influence of any illegal drugs or alcohol, to include any over-the-counter or prescription medications which may impair the ability to perform volunteer duties. If taking any such prescribed medication, Volunteer agrees to inform their supervisor at the beginning of a volunteer work shift. C. No children under 16. Volunteer shall have no children under age 16 with them during volunteer activities. Volunteer agrees that violation of this paragraph subjects Volunteer to sole responsibility and risk assumption for any actions of the child(ren), and Volunteer Auburn Park Volunteer Agreement – Mary Olson Farm Page 2 of 5 agrees to hold the City harmless from any and all related claims against the City, except for injuries and damages caused by the sole negligence of the City. D. Scope of volunteer work. Volunteer will not perform any acts on behalf of the City that are beyond the scope of volunteer work in this Agreement without advance written City authorization. Volunteer must be appropriately trained to perform any unfamiliar activity, and to learn any corresponding policies and practices applicable to such activity before undertaking it. E. Injuries. The City has included my hours of volunteer service in the State Labor and Industries coverage for volunteer workers. Regardless of severity, volunteer agrees to promptly report any volunteer work related injury or illness to a City supervisor. II. TERM OF AGREEMENT The term of this Agreement shall commence on the date of the last signature below, and shall continue unless either party terminates it in accordance with Section V of this Agreement. III. DUTIES: A. General nature of Agreement duties, residence at worksite. 1. Under this Agreement, Volunteer agrees to act as a caretaker for the City’s Mary Olson Farm located at 28728 Green River Road SE in Kent. The work under this Agreement requires Volunteer to provide routine and ongoing care for the Farm’s gardens, landscaping, animals, and facilities. 2. The Farm’s facilities include a City owned residence. Given the scope and continual nature of Volunteer’s work under this Agreement, the Parties find it mutually advantageous for Volunteer to reside at the Farm, as Volunteer’s residing at the work location would best facilitate Volunteer’s performance of this Agreement. 3. Accordingly, the City has separately leased the Farm residence to Volunteer. The lease charges Volunteer no rent. The parties agree that this forbearance of rent by the City is an allowance to Volunteer of costs necessary and incidental to the performance of this Agreement, and shall not be considered a wage or to otherwise make Volunteer a City employee. B. Volunteer will perform the following tasks: 1. Trim grass around buildings twice monthly during growing season; 2. Care for chickens and set out water and food for feral cat colony on daily basis; Auburn Park Volunteer Agreement – Mary Olson Farm Page 3 of 5 3. Following a prescribed routine, feed, water and provide general care (including grooming) for resident livestock, including but not limited to 2 cows and 2 donkeys; 4. Move Farm animals to pasture and to barn as needed, and remove manure to compost bins daily prior to 9:30 am.; 5. Set out tables, chairs and canopies upon request by City Museum staff; 6. Meet with City Museum staff for monthly staff meetings, and with the Museum Director as required; 7. Staff special events, coordinate facility uses and other duties as assigned; 8. Weed, water and care for farmhouse gardens and gravel walkways; 9. Mow pastures, spread compost and other duties involving use of the on-site tractor; 10. Pick up feed orders using Volunteer’s own vehicle, with mileage to be reimbursed at standard city rate; 11. Perform other work-related jobs as requested; 12. Be available when necessary to perform above tasks; 13. Understand and follow directions from supervisor, posted rules and procedures; 14. 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 • have a devotion to history, historic preservation, farming or the environment, and show initiative in performing job responsibilities. C. Work performance schedule, absences from performance. Volunteer may complete the above tasks on a schedule that best facilitates the performance of this Agreement. The parties anticipate that work on the above tasks will comprise approximately 15 hours per week. Volunteer may be absent from volunteer work for up to 10 days in a calendar year with supervisor approval provided at least 5 weeks prior to the absence. D. Prohibited acts. Volunteer will not: 1. Perform vehicle maintenance on the property. 2. Use City equipment for any purposes unrelated to the performance of this Agreement. 3. Consume alcohol or use tobacco while performing Volunteer duties. 4. Engage in offensive conduct or use offensive language while performing this Agreement. 5. Publicly display signs, decals, bumper stickers, and posters that express political or religious viewpoints. E. Supervision of Volunteer. Volunteer will work under the general supervision of the City’s Facilities Manager. However, daily tasks will be assigned by the Director of the Auburn Park Volunteer Agreement – Mary Olson Farm Page 4 of 5 White River Valley Museum, who serves as the Volunteer’s direct supervisor, acting as the City’s agent under an existing lease. F. Volunteer shall perform no RCW 38.52 emergency services work or law enforcement or firefighting activities under this Agreement. Volunteer shall perform no activities under this Agreement that require licensure or certification unless expressly authorized by the City under this Agreement or by writing in advance. G. Volunteer use of City facilities. The City permits Volunteer to use the following City facilities during the term of this Agreement: 1. Residential premises, (14 x 60 foot mobile home) located at the Mary Olson Farm (provided to Volunteer under separate lease). 2. Use of up to .5 acres of land located in the farm’s north meadow (north of farm parking) to farm for the Volunteer’s own benefit. 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 reserve the right to terminate this Agreement without cause for any reason whatsoever. Either party may terminate this Agreement by giving the other at least 30 days’ advance written notice of termination. Volunteer agrees that he is providing volunteer services at will and may be asked to discontinue such without prior notice or reason. Auburn Park Volunteer Agreement – Mary Olson Farm Page 5 of 5 CITY OF AUBURN By: ______________ Name: _________________________ Title: __________________________ Date: __________________________ VOLUNTEER _______________________________ Stuart Sean Matthis Date: __________________________