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HomeMy WebLinkAbout2012-037 DEAPR - James Moulton Little River Regional Park Caretaker~ Little River ~ Regional Park ~~ 8~. Natural Ar ea A Durham/Orange ~ County Parinership .~ ~~._,,,w,,, ~- -~,~,~,~~~. .ti.~ ~~ -.- ~,~.~.~. ..,~.....:- ~,,~ ~~~. ~~. ~~-. ti_~.~~ Little River Regional Park & Natural Area Resident Caretaker Agreement ~~`~- U~ J ~~~~oe This is an agreement befinreen Orange County (hereafter "County " or "the County") and Mr. James Moulton, (hereafter "Caretaker" or "the Caretaker") regarding the use of County owned property at: 200 Little River Park Way, Rougemont, NC 27572 as a residence. This agreement is effective March 3, 2012 (starting date). This agreement is effective for three years and then may be modified as needed by Orange County. In consideration of the County's allowing the Caretaker to reside as a tenant in the residence located on the Little River Regional Park and Natural Area property (the "Park") and in consideration of mutual promises and conditions stated below, the County and Caretaker agree as follows: 1) Caretaker Appointment The Caretaker is appointed as a temporary County employee. A temporary County employee is an "at will" employee and the County may terminate a temporary employee at anytime, with or without notice. As a condition of employment, the Caretaker is required to live on-site at the Park residence (hereafter "residence") for the duration of this agreement. Caretaker shall be an at-will employee of the County. Upon resignation or termination from County employment, the Caretaker must vacate the residence within 30 days and surrender all keys to Park property and return any Park equipment. Additionally, Caretaker shall comply with any and all County policies relating to employees resigning or being terminated from employment by the County. Notification to Caretaker by County of Caretaker's termination and notification to County by Caretaker of Caretaker's resignation each constitutes notice to Caretaker to vacate the residence as provided in this Section. 2) Duties of the Caretaker Under the supervision of the County Department of Agriculture, Environment, Parks and Recreation (DEAPR) Director or his/her designee, the Caretaker's duties may include, but are not limited to: a) Following the opening and closing procedures as outlined in the Operations Manual located in the Park office, including but not limited to: (1) Opening Park gates in the morning and/or closes Park gates in the 1 evening, as assigned. (2) Checking/unlocking restrooms and other public use facilities within the Park as assigned. (3) Closing the Park gates and inspecting the Park facilities after each day of operation. (4) Observing and enforcing hours of the Park's operation, as assigned. b) Following the facilities security and maintenance checklist included in the Operations Manual located in the Park office. c) Following the search protocol as outlined in the Operations Manual when and if necessary. d) Following the Notification Protocols in the Park Operations Manual, including but not limited to - using discretion in immediately reporting any non-public hour(s) violations of Park use to County Emergency Communications (9-1-1) Center and/or the DEAPR Director or his designee. e) Providing on site evening and night avaifability/visibility in the Park as needed or assigned to help prevent after-hours vandalism, theft, trespassing, night spotting/hunting, illegal camping, or the like. fl Providing emergency repairs and support due to accidents in the Park or equipment failure or damage to Park facilities, when necessary. g) Responding within the limitations of required training to emergency conditions that may arise during evening or night hours while Park staff is not present, and/or as scheduled. h) Assisting with scheduled evening or night Park activity such as camping, special programs and events, as assigned. i) Completing training for certification in CPR and First Aid. Retraining to maintain certification annually or biennially as required. j) Wearing the uniform (staff shirt/ cap, identification badge) assigned/issued by DEAPR when performing opening or closing duties, inspecting facilities or performing other duties in the Park. k) PerForming visitor assistance/information services, including but not limited to: (1) Greeting visitors. (2) Providing accurate information about County parks and County attractions. (3) Informing visitors of park area rules and regulations. I) PerForming other duties as assigned. 3) Caretaker Work Hours The Caretaker shall be assigned a specific weekly work schedule and shall be expected 2 to work at least fifteen (15) hours per week. During all other times, the Caretaker is free from duty. As a temporary employee the Caretaker receives pay for hours worked as provided in this agreement at the designated hourly rate. In the event Caretaker is required to work more than 15 hours per week, the additional hours shall be compensated at the same hourly rate as the scheduled fifteen (15) hours. In the event Caretaker works over 40 hours in a workweek he/she shall be eligible for overtime compensation at a time and a half the hourly rate Should the Caretaker wish to consider a change in employment or schedule, outside of Park responsibilities, which will substantially impact availability to perForm assigned duties as Caretaker, this new job or schedule must be approved by the DEAPR Director or his designee in advance. The DEAPR Director or his designee and the County Parks Conservation Technician II shall determine the Caretaker's weekly work schedule, including any time off during the normal weekly work schedule. If work will require additional time beyond the approved work schedule, the Caretaker is responsible for securing advance supervisory approval for the additional work time. Except to address an emergency in the Park, the Caretaker shall not work additional time without this necessary advance approval. The Caretaker is required to work a minimum of 50% of holidays observed by Orange County in which the Park is open to the Public. Some of the holidays will be the major holidays. The holiday schedule will be drafted a year in advance per the results of an annual meeting with all Park staff. The Caretaker shall report work time accurately as to date and amount on the County Employee Time Record provided by the County Human Resources Department. It is expected that the Caretaker will request supervisory approval for any absence during normally scheduled duty hours and, during the period between April 1 and October 31 of each year, the Caretaker will not be off duty for any time in excess of a seven consecutive day period. 4) Rent The Caretaker shall live in the residence and pay a monthly rental rate to be determined each fiscal year. The rental rate is subject to review on an annual basis and may be amended prior to the beginning of a new fiscal year. Caretaker shall be provided with 60 days prior written notice in the event of changes to the rental rate. The rental rate for the Fiscal Year 2011-12 shall be $400 per month. Rent shall be due and payable on or before the fifth (5th) day of each calendar month. Upon execution of this Agreement, Caretaker shall pay the prorated rent for the previous month on or before the fifth day of the next month. If the County fails to receive any rent payment within 10 days after it becomes due the County may at its option terminate this Agreement or charge a late fee equal to 5% of the 3 monthly rental rate in effect. 5) Caretaker Residence Maintenance Responsibility As the occupant of the residence, the Caretaker shall during the term of his or her residence keep the residence and grounds immediately adjacent to the residence (known as the "curtilage"; See attachment A) clean and shall maintain the residence and curtilage in a manner satisfactory to the County. Maintenance shall include, but not be limited to, mowing grass, maintaining the edging and landscaping and removing leaves/debris. Time required to perForm this maintenance is not considered work time. Upon written notice from Park staff, Caretaker must perForm specified grounds maintenance within 48 hours. Failure to do so will result in Park staff completing maintenance and Caretaker will be assessed a fee of $50 per incidence due with the next rental payment. Caretaker must provide his or her own maintenance equipment, Park equipment is not to be used for the maintenance of the Caretaker curtilage. The County will supply a freestanding storage structure behind the residence for storage of equipment and maintenance supplies. The Caretaker, without the written consent of the County, shall make no alteration, addition or improvement to the residence or the Park. Any proposed alteration, addition or improvement to the residence must be approved in advance in writing specifying the nature of the work. If approved, the County may, at its discretion, furnish the materials, equipment and/or personnel to carry out any approved alteration, addition or improvement, other than routine, day-to-day maintenance. Such alteration, addition or improvements, if funded by the County, will only be rendered through the proper County budgetary process. The Caretaker shall be responsible for routine and preventative maintenance within the residence as well as simple repairs. Caretaker shall replace HVAC air filters per recommended guidelines and pertorm simple repairs (e.g. clearing clogged drains or commodes, changing of indoor and outdoor light bulbs, etc.) The Caretaker shall be responsible for repair and/or replacement of items damaged through misuse or neglect, which are determined by the County not to be "normal wear- and-tear." This includes damage to the interior and exterior of the residence as well as to the grounds. No smoking is permitted within the residence or on the Park premised. Smoke detectors provided by Orange County and located throughout the residence must be maintained in working order. Any outside structure, equipment, ornament or appurtenance must be located within the area directly behind the residence so as not to be visible from the Park drive. Exceptions to this policy may or may not be approved by the DEAPR Director or his designee. Any structure, permanent or otherwise must receive advance approval no matter what location is proposed. Proposed changes or additions to the landscaping provided require the approval of the 4 County Superintendent of Parks. The location of any vegetable garden will also require the approval of the DEAPR Director or his designee and shall be located in an area behind the residence. The residence will be identified to Park visitors as the Caretaker Residence for the Park and notification of its location and the business telephone number of the Caretaker may be published in the Park and in Park brochures and flyers. 6) Utilities The Caretaker shall pay utility services (electricity, propane gas, personal telephone, cablevision) related to the residence. Installation of non-essential utilities such as cable or service will be the responsibility of the Caretaker. The Caretaker is responsible for conversion of applicable utility accounts into the Caretaker's name as of the effective date of this agreement. 7) Park Regulations The Caretaker's private use of the residence is limited to the residence itself and the premises immediately adjacent to the residence or curtilage. The County will not infringe upon the Caretaker's quiet enjoyment of the residence and curtilage provide the activities therein or thereon do not violate any law and do not negatively affect the Park or Park activities. While in the Park itself, (outside of the defined Caretaker Residence/curtilage boundaries) the Caretaker is responsible for abiding by all regulations and ordinances covering County parks, except as required during the perFormance of duties. 8) Non-Disturbance Caretaker is responsible for controlling the noise level emanating from the residence and curtilage in such a way that neighbors and users of the Park are not disturbed. 9) Pets Caretaker will be permitted to keep house pet(s) with prior written approval of the County Superintendent of Parks. The Caretaker is required to provide a non-refundable Pet Fee of $200. The DEAPR Director or his designee has the authority to approve both the type/species and number of pets. Any addition to the number and species will also require prior written approval. If pet(s) are in the residence, the Caretaker will be responsible for professionally cleaning the carpeted areas of the house annually. The Caretaker will provide a receipt to the Superintendent of Parks annually showing that this work was done. Any areas damaged by pets will be the Caretaker's responsibility to repair, clean, paint or replace at his/her own expense. When outside the residence, pet(s) must be penned, or on a leash. Caretaker shall repair, replace and remediate any 5 damage to the grounds of the residence or Park caused by the Caretaker's pet(s). at his/her own expense. Any fencing or pen to be erected must have prior written approval of the DEAPR Director or his designee, and must not be visible from the roadway in front of the residence. Any approved Pets must be under the control of the Caretaker or other approved occupants of the residence at all times both inside the residence and its curtilage and in the Park. Pets must not disturb the peace, tranquility and quiet environment of the Park, the Park visitors and Park neighbors by uncontrolled barking and/or other disturbances. The Caretaker shall remove any pet previously permitted within 48 hours of written notification from the County that the pet, in the County's sole judgment, creates a nuisance or disturbance or is, in the County's opinion, undesirable. If the pet is caused to be removed pursuant to this paragraph, the County shall not be required to refund the Pet Fee; however, the Caretaker shall be entitled to acquire and keep another pet of the type previously authorized. In the event the Caretaker is away from the residence and requires someone to enter the house to care for the pets after Park operating hours, no keys to Park facilities rnay be loaned to non-County employees for access to the Park. Persons entering the residence to care for animals after Park operating hours must park outside of the locked gate to access the residence. 10) Vehicles Only one vehicte or trailer may be parked at the residence off the paved carport or driveway. The Caretaker may not park vehicles along the Park roadway during Park operating hours. Unlicensed vehicles will not be allowed within the Park or Caretaker residence and its curtilage. 11) Business Telephone The Caretaker agrees to permit the County to install in the residence an additional telephone for local County business purposes only and an alarm system on the telephone for the residence if desired. The Caretaker further agrees he/she will carry and use a cell phone provided by the County for park duties, should the County require it. Cell phone usage will be limited to County business and shall be used in accordance with policies established by the County. 12) Residence Occupancy The Caretaker agrees that no one is to occupy the residence except himself/herself and members of his/her immediate family. Permission for guest(s) to stay beyond finro weeks must be requested in writing in advance and authorized in writing by the DEAI?R Director or his desginee. 6 13) Appliances The County will provide at its expense the following appliances: refrigerator, stove, oven, dishwasher and water heater. The Caretaker and DEAPR Director or his designee will inventory, inspect and note the condition of all appliances during the semi-annual inspections. The Caretaker is required to pertorm routine maintenance on the appliances such as cleaning under the hood of the stovetop, defrosting the freezer, and cleaning the interior and exterior of appliances on a regular basis. The Caretaker must provide any desired home appliances beyond those provided by the County. Appliances purchased by the Caretaker are the property of the Caretaker and must be removed from the residence upon ending of this agreement. 14) Security Deposit The Caretaker is required to provide a$500 security deposit prior to moving into the residence. 15) Inspections and Security Deposit Refund The Caretaker agrees to a semi-annual inspection of the residence by the County Superintendent of Parks. Prior to vacating the residence, the DEAPR Director or his designee will make a final inspection of the residence. When this agreement ends, the Caretaker shal~ ensure that the residence and its curtilage are in good order and condition and shall remove his or her property within the time provided herein. Any such property not removed within the time provided herein shall become the property of the County. County shall refund the full amount of the security deposit provided the residence ad curtilage are in good order except for normal wear and tear. Otherwise, the cost of repairs or extra cleaning required, wilf be charged against the security deposit, and the difference between the deposit and the repair and cleaning cost, if any, shall be refunded within thirty (30) of termination of the agreement. 16) Insurance The County will keep in force insurance to provide for property damage to the residence at its replacement value. The Caretaker is responsible for insurance to cover any personal property of the Caretaker located in or on the residence and its curtilage. 17) Indemnity Caretaker agrees to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, inctuding attorney's fees, arising out of or related to the occupancy of the residence and arising from bodily injury including death or property damage to any person or persons caused in whole or in part by the negligence or misconduct of the Caretaker except to the extent same are caused by the negligence or willful misconduct of the County. It is 7 the intent of this provision to require the Caretaker to indemnify the County to the fuilest extent permitted under North Carolina law. 18) County Responsibilities The County will: a) Assign Caretaker duties. b) Schedule Caretaker duties not to exceed the 15 hours per week regular work schedule. c) Review the Caretaker's work perFormance, including an annual perFormance review. Annually assess the effectiveness of the Caretaker arrangement. d) Provide required uniform apparel. e) Provide required training in any additional certifications and ficenses required for the performance of Caretaker duties. fl Provide the major capital improvement work required for the residence, including plumbing repair, paint in accordance with an established paint schedule, roof work, electrical work, heating and air conditioning repair and the like. g) Coordinate the times and nature of County maintenance or repair work with the Caretaker. h) Conduct a pre-move-in inspection/inventory and a semi-annual inspection/inventory of the residence, noting the condition of the interior/exterior and all County-owned appliances and equipment, which is documented and signed by both the Caretaker and the Superintendent of Parks. 19) General Provisions a) Waiver - Failure of the County to require compliance by the Caretaker with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. b) Governing Law - This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. c) Dispute Resolution - Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the perFormance or non-perFormance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. d) Entire Agreement - This Agreement represents the entire and integrated agreement between the County and the Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. e) Severability - If any provision of this Agreement is held as a matter of taw to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: CARETAKER: By: By. - ~w , ','"'~~~,fdul ~~ Frank W. Cli n ,. County Man ger '' _~Gw~Q~ v~10~.. ~4a~ L~ ~{{'1~ t2~ver CavP-f-wk~ v Printed Name and Title Attest: Donna a er, C erk to the Board This instrumen as een approved as to techn ~~.-~ David Stancil, Department Director i^~~ :nt. This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ~~.u' ,~ J.L~-- Office of the Finance Director This in rument has been approved as to form and legal sufficiency. Office of the unty Attorney ~ • ~:~,~„ 9