Okaloosa County BOCC — October 21, 2014 — Park Host Volunteer Program — reading text

AGREEMENT FOR PARK HOST VOLUNTEER SERVICES THIS AGREEMENT is hereby entered into this day of > 201_, between OKALOOSA COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as COUNTY, and , individuals, hereinafter referred to as PARK HOST. RECITALS WHEREAS, the County owns and operates a number of public recreational facilities and parks (the “Park”); and WHEREAS, the County has determined that the Park requires the services of a park host volunteer responsible for performing basic maintenance and cleanup services, providing basic park information to Park visitors, and to oversee the general safety and welfare of Park visitors; and WHEREAS, the Park Host is not a County employee and shall not be considered as such for any purpose or reason whatsoever, and shall not be entitled to any form of pay or benefits for the services provided for in this Agreement; and WHEREAS, the County and Park Host desire that Park Host provide the necessary park host volunteer services described herein. NOW THEREFORE, in consideration of the covenants and conditions set forth in this Agreement, the parties agree as follows: Section 1. Findings. The above findings are hereby incorporated herein by reference. Section 2. Premises. The County hereby grants to Park Host and other occupants listed on the Application and approved by the County the right to occupy a recreational vehicle, travel trailer or mobile home provided by Park Host as their residence (the “Premises”). Park Host Page | shall not utilize or occupy any other portion of the park grounds or facilities, except as otherwise provided herein. Section 3. Responsibilities of Park Host. In exchange for the right to occupy the Premises, Park Host shall have the following responsibilities: a. Overseeing the safety and security of all persons who visit the park by immediately reporting any unlawful activity or safety concerns to the appropriate law enforcement agency, the County fire department, or the County emergency medical service provider. In addition, Park Host shall immediately contact the Parks Operations Manager, or designee (“Manager”). Unlawful activity shall include all activities prohibited pursuant to Florida law and/or County ordinance and may include but shall not be limited to destruction or vandalism of park property or facilities, remaining in the park after the park is closed, trespassing, and consumption of alcoholic beverages or controlled substances. b. Performing general maintenance of the Premises and park facilities, including but not limited to, restrooms, parking areas, pavilions, picnic tables, and other related facilities. This maintenance requirement shall extend to any County facilities in, adjacent to, or associated with the Park including, but not limited to, any County boat ramp, pier, or walking trails. In the event the Park requires specialized or professional maintenance services, Park Host shall notify the Manager. c. Cleaning restrooms and other facilities at least twice per day, or as needed. d. Observing and reporting adverse conditions to the Manager and making recommendations of necessary remedial actions. e. Preparing and submitting monthly reports to the County that include monthly activities performed by the Park Host and the number of hours spent on each activity. Page 2 f. The Parties agree that Park Host shall have full responsibility, financial and otherwise, for making any necessary repairs to the Premises, including their residence that may be required by County ordinance or any other provision of law. g. Maintaining park records as required by the Manager. h. Additional duties as determined by the Manager, so long as such duties are consistent with the other duties and responsibilities of the Park Host pursuant to this Agreement. Section 4. Responsibilities of the County. In return, the County shall provide Park Host with the following: a. Water and sewer service to the Premises. b, Electric and/or gas service as necessary to provide power to the Premises. c. Solid waste collection services to the Park and the Premises. d. Supplies or materials necessary in order to perform the required services. Section 5. Insurance. County shall provide for general property and liability insurance to the park grounds and park facilities owned by the County. Pursuant to section 125.9504, F.S., the County will provide Workers Compensation coverage for Park Host. Park Host shall be responsible for providing insurance for any and all personal property owned by Park Host, including but not limited to Park Host’s personal belongings, their residence, and. their vehicles, and County shall have no responsibility to provide insurance for such property owned by Park Host. Section 6. Indemnification. To the fullest extent permitted by law, Park host shall indemnify and hold harmless the County, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused. by the Page 3 negligence, recklessness, or intentional wrongful conduct of the Park Host and/or his or her immediate family members arising from their use of the Premises pursuant to this Agreement. Section 7. Term. The term of this Agreement shall commence upon full execution of this Agreement and end upon termination by either party. This Agreement may be terminated at any time by either party upon written notice to the other. Section 8. Use of Premises. Park Host and other occupants listed on the Application and approved by the County may only use the Premises as follows, unless otherwise authorized in this Agreement: a. The Premises shall only be used as a private, single-family residence. b. The Premises shall not be used to conduct any business or trade. C No person other than persons listed on the Application and approved by the County shall inhabit or reside at the Premises without the express written permission of County. d. Park Host shall obey, and require anyone on the Premises to obey, all laws and restrictions that apply to the Premises. County shall notify Park Host of any restrictions imposed by the County. e. Park Host shall not keep or allow pets or animals on the Premises without the Manager’s written approval of the pet or animal. f. Park Host shall not keep any dangerous or flammable materials or items at the Premises that might increase the danger of fire or damage on the Premises without the Manager’s written approval. g. Park Host shall not create any environmental or health hazard on or about the Premises. Page 4 h. Park Host shall not destroy, deface, damage, impair, or remove any part of the Premises belonging to the County, nor permit any person to do so. i. Park Host shall not make alterations or improvements to the Premises without first obtaining the County’s written consent to the alteration or improvement. j. Park Host must act, and require all other persons on the Premises to act, in a manner that does not unreasonably disturb any neighbors or constitute a breach of the peace. Section 9. Prohibited Acts by County. a. County shall not cause directly or indirectly, the termination or unreasonable interruption of any utility service furnished to Park Host, including, but not limited to, water, heat, light, electricity, gas, garbage collection, or refrigeration, unless required to perform necessary maintenance or repairs to any part of the Premises or the park. b. County shall not prevent Park Host’s access to the Premises by any means, except as otherwise provided herein. c. County shall not remove Park Host’s personal property from the Premises unless such action is taken after surrender, abandonment, or a lawful eviction. Upon surrender or abandonment by Park Host, the County shall not be responsible for storage or disposition of Park Host’s personal property. For the purposes of this section, abandonment means Park Host is absent from the Premises for at least one month without giving County reasonable notice of such absence. Section 10. Remedies and Defenses. Upon two weeks after expiration or termination of this Agreement, if Park Host fails to vacate the Premises upon the demand of County, County may take all action authorized by Jaw and necessary to remove Park Host and his or her personal property and recover possession of the Premises. County also may recover a reasonable fee for Page 5 the period during which Park Host refuses to vacate the Premises. If Park Host defaults under this Agreement by failing to perform any of the obligations stipulated hereto, the County may immediately terminate Park Host’s rights under this Agreement upon provision of written notice and Park Host shall vacate the Premises immediately. Section 11. Miscellaneous. a. Park Host shall notify the Manager of any instance during which he or she will be away from the park for more than twenty-four (24) consecutive hours, in advance of such absence so as to enable the County to provide for an alternative means of oversight and supervision during Park Host’s absence, if necessary. b. Park Host may contract for additional utility service such as cable or satellite television and high-speed internet services, In the event such services will require installation of equipment on the Premises or other park grounds, Park Host must first obtain written permission from the Manager. c. County may enter the Premises at any time under the following circumstances: i, At any time for the protection or preservation of the Premises. ii. To inspect the Premises, make necessary or agreed upon repaits, alterations, or improvements, or to supply agreed upon services in the event of an emergency, with the Park Host’s consent, without the Park Host’s consent if such consent is unreasonably withheld, or if Park Host is absent from the Premises for a period of at least one month. d. Park Host may not assign this Agreement or allow another party to use or occupy any part of the Premises without first obtaining County’s written approval and consent to the assignment or use. Page 6 e. County shall not be liable for any loss by reason of damage, theft, or otherwise to the contents, belongings and personal effects of Park Host or his or her family, agents, employees, guests, or visitors located in or about the Premises, or for damage or injury to Park Host or his or her family, agents, employees, guests or visitors. f. Park Host shall not have the right or authority to encumber the Premises or to permit any person to claim or assert any lien for the improvement or repair of the Premises made by Park Host. Park Host shall notify all parties performing work on the Premises at Park Host’s request that this Agreement does not allow any liens to attach to the Premises or any interest of the County therein. g. This Agreement shall constitute the entire agreement of the parties concerning the matters included in this Agreement. This Agreement may not be amended, modified, altered or changed in any respect except by further agreement in writing duly executed by County and Park Host. h. All questions concerning the meaning, execution, construction, effect, validity, and enforcement of this Agreement shall be determined pursuant to the laws of the State of Florida. i. The place for filing any suits or other proceedings with respect to this Agreement shali be in Okaloosa County, Florida. Section 12. Notices. All notices required under this Agreement shall be in writing and shall be provided by certified mail including, but not limited to, notice of any violation of this Agreement, to the address provided below: Page 7 County: [insert name of Parks Operations Manager] Okaloosa County Public Works Department, Parks Division [insert address and phone number] b. Park Host: [insert name, address and phone number] The parties have caused this Agreement to be