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AG 19-039 I RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: r---W C C 2. ORIGINATING STAFF PERSON: EXT: (Ra, 3. DATE REQ.BY: 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ElORDINANCE ❑ RESOLUTION ❑ CONTRACT YPE�NI�MENT(A1G# ❑ INTERLOCAL VL9THER ((NW`�n' �Qii /A fe 5. PROJECT NAME: C QUI et JC D.unna. 6. NAME OF CONTRACTOR: ' ,0*i erECALCPV\ ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: NwiA NActic,ovl TITLE Cs-Wei-altar 7. EXHIBITS AND ATTACHMENTS:SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS //❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: AV' (( c 3 t COMPLETION DATE: U j? 1 3Orik 9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER e C Ngii 3 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW Z Z Ma! 2.01x1 11. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL/DATE SIGNED �❑ LA DEPARTMENT 3 AP 2.q1 LM51GNATORY(MAYOR OR DIRECTOR) / El CITY CLERK 40� ❑ ASSIGNED AG# AG# ❑ SIGNED COPY RETURNED DATE SENT: 4 (,�•ig COMMENTS: 1/201R CITY OF CITY HALL 3332541/4. Federal \NayFeder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 vws�a.cityoffederalway corn CARETAKER AGREEMENT FOR DUMAS BAY CENTRE INTERNSHIP This Caretaker Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Noah Erickson, ("Caretaker"). The City and Caretaker (together"Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: NOAH ERICKSON: CITY OF FEDERAL WAY: Noah Erickson Cody Geddes 11 NE Jolly Rogers LN 33325 8th Ave. S. Belfair, WA 98528 Federal Way, WA 98003-6325 360.621.8133 (telephone) (253 835.6926 (telephone) ) NA (facsimile) (253) Insert Fax Number(facsimile) Noah.erickson@cwu.edu Cody.geddes@cityoffederalway.com The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon April 1, 2019 and shall continue until May 31, 2019 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Caretaker. 2. WORK. 2.1 Work. The Caretaker shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction or hisor her designee. of the Mayor gn 2.2 Warranties. The Caretaker warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Caretaker warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Caretaker warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Caretaker's representations to City. The Caretaker shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Caretaker shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Caretaker does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Caretaker shall pay all costs incurred by the City in order to accomplish the correction. GOODS AND SERVICES AGREEMENT - 1 - 9/2017 ` CITY OF CITY HALL �..,., 33325 8th Avenue South Federal Way Federal Way.WA 98Q03-6325 (253) 835-7000 www cityoffederai way coal 2.3 Time, Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Caretaker of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Caretaker shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Caretaker fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Caretaker to the City and/or the City may deduct its costs from any remaining payments due to the Caretaker. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Caretaker fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall compensate the Caretaker according to a rate or method as provided in Exhibit "B," attached hereto and incorporated by this reference. The Caretaker agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B," the Caretaker shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method. The method shall be as provided in Exhibit"B." 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Caretaker will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Caretaker until the goods, materials, or services are acceptable to the City. If Caretaker is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Caretaker shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Caretaker. 4.4 Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Caretaker's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Caretaker as GOODS AND SERVICES AGREEMENT - 2 - 9/2017 441/4 CITY OF CITY8thL Federal Way 33325 8th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 tvtvw crtyoffederaI way corn unsettled at the time request for final payment is made. 5. INDEMNIFICATION. 5.1 Caretaker Indemnification. The Caretaker agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused byor resultingfrom the concurrent negligence of the Caretaker and the Cit the Caretaker's liabilityhereunder Y� shall be only to the extent of the Caretaker's negligence. Caretaker shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Caretaker pursuant to this paragraph. The City's inspection or acceptance of any of Caretaker's work when completed shall not be grounds to avoid anyof these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Caretaker waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Caretaker's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disabilitybenefit acts or anyother benefits acts or programs. The Parties p p �' further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Caretaker, its officers, directors, shareholders, partners, employees, agents, representatives, and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. CONFIDENTIALITY. All information regarding the City obtained by Caretaker in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Caretaker maybegrounds for immediate termination. All records submitted bythe Cityto the Caretaker will be safeguarded by the Caretaker. The Caretaker will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 7. INDEPENDENT CARETAKER/EMPLOYEE CONDITIONS. 7.1 Independence. The Parties intend that the Caretaker shall be an independent caretaker and that the Caretaker has the ability to control and direct the performance and details of its work, the City being GOODS AND SERVICES AGREEMENT - 3 - 9/2017 CITY OF CITY HALL 33325 Akhi .. Federal Way Feder 8th Avenue South Federal Way.WA 98003-6325 ' .../ (253) 835-7000 wwwcrtyo€federa(way corn interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Caretaker sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Caretaker, shall not be deemed to convert this Agreement to an employment contract. If the Caretaker is a sole proprietorship or if this Agreement is with an individual, the Caretaker agrees to notify the City and complete any required form if the Caretaker retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Caretaker's failure to do so. 7.2 Safety. Caretaker shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and sub-contractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Caretaker shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Caretaker shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Caretaker shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Caretaker shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 7.3 Risk of Work. All work shall be done at Caretaker's own risk, and Caretaker shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Caretaker, shall not be deemed to convert this Agreement to an employment contract. Even though Caretaker is an independent caretaker, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 8. CONFLICT OF INTEREST. It is recognized that Caretaker may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Caretaker's ability to perform the Services. Caretaker agrees to resolve any such conflicts of interest in favor of the City. Caretaker confirms that Caretaker does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Caretaker's selection, negotiation, drafting, signing, administration, or evaluating the Caretaker's performance. 9. GENERAL PROVISIONS. 9.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way GOODS AND SERVICES AGREEMENT - 4 - 9/2017 `. CITY OF CITY HALL 33325 8th Avenue South Federal Way.WA 98003-6325 Federal Way (253) 835-7000 www cityoffedera(way corn affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 9.2 Assignment and Beneficiaries. Neither the Caretaker nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 9.3 Compliance with Laws. The Caretaker shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 9.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Caretaker's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or maybe deposited in the United States mail, postage prepaid, to the p Y p address set forth above. Anynotice soposted in the United States mail shall be deemed received three (3) days Y after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in r instances shall not be this Agreement, or to exercise anyoption conferred bythis Agreement in one or more �' � p �' construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not Agreement as a waiver of the City's right to declare another breach or default. This gr eement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. GOODS AND SERVICES AGREEMENT - 5 - 9/2017 ` CITY OF CITY 8thL Fe d e ra I Way 33325 8th Avenue South Federal Way. WA 98003-6325 (253)835-7000 www cityoffederahvay corn 9.5 Execution. Each individual executing this Agreement on behalf of the City and Caretaker represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the"date of mutual execution"hereof. [Signature page follows] GOODS AND SERVICES AGREEMENT - 6 - 9/2017 AL CITY OF CITY HALL 33325 ..; . Federal Way Feder 8th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 wwwcityoffederalway corn IN WITNESS,the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: #, Jim Fe ri , T .yor S ph nie Courtney, CMity Clerk DATE: 4/b/9 APPROVED AS TO FORM: Pk-kJ PO(- J. Ryan Call, City Attorney NOAH ERICKSON: By: IfbtA- ` Printed Name: Uva' ` Er -dLsp Title: COYekti,\Lei DATE: 6 4/ d 1 9 STATE OF WASHINGTON ) ss. COUNTY OF s ) On this day personally appeared before me, No 0\V\ COY tcya)n , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this Q I day of , 019. Notary's signature / 1 - 'if/Aim. �g `` PLUC1ra�►'� Notary's printed name ' (lei: •, 0,e , ".+N,111�ti �i� Notary Public in and for the/ tat of Washington. ,SO �4rf r Azsce o 4,p '0, ,"), My commission expires (� a,\ Iii V En.‘ '9,r`/���'�u09 9.� 0A /111�10p WAst.04 11111N\00 GOODS AND SERVICES AGREEMENT - 7 - 9/2017 Ak CITY OF CITY HALL �.... Federal 33325 8th Avenue South Federal Way. WA 98003-6325 �...►°". Way (253) 835-7000 wwwcitvoffederalway corn EXHIBIT "A" SCOPE OF SERVICES The Caretaker shall provide off-hours security, on-call overnight retreat services, opening and closing of Dumas Bay Centre (DBC) or the Dumas Bay Centre Park when requested,building supervisor duties, on-call duties as needed, assistance to the Coordinator with maintenance and custodial activities, and other duties as requested by the Conference Coordinator. The Caretaker will be required to work ten(10)hours per week. These duties will not be included in other paid hours of employment. The Caretaker shall pay a damage deposit of$150.00 upon acceptance of this Agreement. The Caretaker shall perform the following duties as assigned: • Grounds and facility security after business hours and when no activities are onsite. • Litter patrol as needed. • Deadhead flower baskets • Water/fertilize flower baskets • Weed planter beds • Wash windows and clean bird droppings • Facility maintenance as requested • Backup facility supervisors when requested • Banquet room set up and clean up as needed backup janitorial duties as needed • Fire safety—replace all batteries in smoke detectors two times per year as requested • On call 8 hours (11pm—7am)(answer phones, respond to pager) • Storm cleanup of debris and limbs as needed • Immediate reporting to Puget Sound Energy of any power outages • Immediate reporting of systems breakdowns—i.e. —loss of hot water systems, heating systems etc. • Assist with directing guests for parking during large events • Assist with traffic control and parking • Repair minor plumbing problems (toilets, sinks, faucets) • Emergency set up of bed rooms for immediate use CARETAKER AGREEMENT - 8 - 3/2019 ` CITY OF CITY HALE �.. Federal Way Feder 8th Avenue South Federal Way.WA 98003-6325 ../ (253) 835-7000 iwv.rw citvoffederalway corn EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall provide one sleeping room to be determined by the Dumas Bay Centre (DBC) Manager. 2. Method of Compensation: Shower facilities will be on the same floor as the sleeping room. The Caretaker must clean the shower facilities daily to ensure sanitary conditions at all times. The Caretaker may use the kitchen facilities provided. The kitchen shall be left in a clean and orderly condition immediately after each use. A refrigerator will be provided in the kitchen and shared by all Caretakers on the premises. Due to the overnight and day use of the DBC, Caretaker is limited to no more than two guests on the premises at one time without prior approval from the DBC Manager. The Caretaker shall be considerate of the activities on site at all times. The Caretaker shall conform to the requirements of the City personnel policies and guidelines. The City reserves the right to enter the Caretaker's assigned room for inspection purposes with 48 hours' notice. No notice will be required during an emergency. The Caretaker and City agree the DBC is a hotel as defined in RCW 19.48.010 and therefore the Residential Landlord-Tenant Act(Chapter 59.18 RCW) does not apply to Caretaker's Compensation under this Agreement. CARETAKER AGREEMENT - 9 - 3/2019