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HomeMy WebLinkAboutContracts & Agreements_11-2019ONSITE Employee Agreement (When Employee is Required by Employer to Live On -Site) This Agreement is entered into between Redlands Conservancy ("Employer") and Kermit Lange ("Employee") for the position of caretaker at the Property commonly known as Redlands Gateway Ranch located at: 31313 Live Oak Canyon Road, Redlands, CA 92373 1 Duties of Employee Employee's duties are those shown on the List of Duties Addendum, which is part of this Agreement and which shall be subject to review within 90 days of signing this Agreement. Employee acknowledges that he has reviewed the duties shown on the List of Duties Addendum and agrees that the duties can be performed within the hours per month indicated in Paragraph 2 below Employee further acknowledges that some of the duties may require use of tools and equipment such as, but not limited to, motorized vehicles, hand or power tools, or ladders, and Employee certifies that he is physically capable and willing to use such tools and equipment. 2. Hours and Days of Work. In performance of the duties described in this Agreement, Employee agrees to work a total for a total of 56 hours per month Employee agrees that if conditions change so that this Agreement no longer accurately reflects a reasonable estimate of the hours that he works, he will immediately provide notice in writing to Employer, so that this Agreement can be revised, if necessary This agreement does not include any provision for health care, retirement, or paid time off benefits Employee will provide one (1) week advance notice any time Employee plans to be absent from the property for longer thar 81 our 3. Overtime/Emergencies Employee agrees not to perform duties under this Agree ent for more than 8 hours on any workday or 40 hours during any workweek without prior Authorization from Employer Employee agrees that if there should be work that cannot be completed in the hours specified in section 2 above, such work will not be done until permission is obtained from Employer, unless said work is necessary due to an emergency In the event of an emergency, Employee shall notify Employer of the number of hours worked in connection with such emergency no later than the next business day "Emergency" means a sudden unexpected occurrence 4 On -Duty Agreement: Because Employee lives on -site, Employee knows and understands that his work is mostly unsupervised Employee acknowledges that he is not working all the time Employee is on the premises and that it is difficult for Employer to determine the exact hours Employee actually works because Employee may engage in normal private pursuits such as eating, sleeping, entertaining, etc., during those periods when Employee is free of duties Accordingly, Employee and Employer agree that fifty six (56) hours per month is a reasonable estimate of the total hours Employee will work each month, taking into consideration normal work weeks, emergency situations, and unusually busy work weeks Employee further acknowledges and agrees that if, during any particular month and after obtaining advance approval from Employer, he works more hours than stated in this Agreement, Employee will record these excess hours on his timesheet. a. Sleep Period Employee also agrees that if the sleeping period is interrupted by a call to duty, the interruption will be counted as hours worked Employee shall arrange his time to carry out assigned duties and to provide the opportunity for not less than six (6) uninterrupted hours of sleep each twenty-four (24) hours, except for emergencies affecting health or safety b Meal and Rest Period For every five (5) hours worked on any day, Employee shall have an unpaid meal period of 30 minutes Employee shall also take a paid rest period of ten minutes for every 3 hours worked on any day During meal and rest period, Employee is completely relieved of work duties. 5. Timesheets Employee shall record all hours worked on a daily basis, on a timesheet as provided by the employee Employee agrees to submit the form to Employer on a monthly basis Failure to comply with this requirement may result in disciplinary action by Employer 6. The Value of the Dwelling Unit The Employee is required to live on site The dwelling unit described in Paragraph 10 is provided by Employer for Employee's use and enjoyment as a condition of employment. Employee's right to occupy the dwelling unit shall not be considered as a tenancy for any period whatsoever and shall terminate upon the termination of Employee's employment in accordance with Paragraphs 9 and 10 Employer and Employee agree that 1) the fair market value of the Dwelling Unit currently is $1,616 per month, and 2) Occupancy of the Dwelling Unit is part of Employee's compensation, and a portion of the Dwelling Unit value is credited toward minimum wage obligation The wages Employee will be paid are described in Section 7 below The rent on the Dwelling Unit shall be payable through a combination of a lodging credit and additional rent. a. As A Credit Against Wages ("Lodging Credit") The monthly credit towards the applicable minimum wage shall be $616 This credit constitutes compensation for 56 regular hours of work at $11/hour Additional hours shall be compensated as described in Paragraph 8(a) below b By Employee The additional rent amount shall be $1,000 per month 7 Compensation Dwelling Unit Is Used As Credit Against Wages If this Agreement requires more than 56 hours of work per month, Employee shall be paid at the rate of $11 per hour, plus overtime as required by law, for time spent carrying out assigned duties. Wages shall be payable on the regular payroll date of Employer Employee acknowledges that this agreement does not include any provision for health care or retirement benefits. 8. Term and Termination This Agreement shall be effective on the date of signing of the Agreement by both parties, and shall continue in effect until June 30, 2019 Notwithstanding the forgoing, Agreement is to be deemed "at will", and Agreement may be terminated by either the employer or the Employee at any time, with or without cause If employer terminates this Agreement without cause, employer shall give Employee two weeks prior written notice thereof Employee's right to occupy the dwelling unit shall not be considered as a tenancy for any period whatsoever and shall terminate pursuant to Paragraph 9(d) upon termination of Employee's employment, regardless of whether the termination was voluntary or involuntary 9. Occupancy of the Dwelling Unit a. Rental Unit: Subject to the terms and conditions of this Agreement, Employer provides to Employee, as a condition of employment, the premises located at 31313 Live Oak Canyon Road, Redlands CA 92373. b Rent Payments A $616 reduction in rent is credited against minimum wage A reduced rental payment of $1,000 is due in advance on the second day of each and every month, (prorated in the case of partial month's occupancy) beginning on January , 2019 payable to Redlands Conservancy at PO Box 855, Redlands, CA 92373 Payment made in person may be delivered to Sherli Leonard between the hours of 8am and 5pm Acceptable forms of payment include Personal Check, Cashiers Check, or Money Order If rent is paid after the 10th of the month, but before the 20th of the month, there will be a late charge of $50 assessed The parties agree that this late fee is presumed to be the amount of damages sustained by late payment of rent. It would be impracticable or extremely difficult to fix the actual damage This sum represents a reasonable endeavor by the Employer to estimate fair average compensation for any loss that may be sustained as a result of late payment of rent. Pursuant to California law, if Employee passes a check on insufficient funds, Employee will be liable to Employer for the amount of the check and a service charge of $25, not to exceed $25 for the first check passed on insufficient funds, and $35 for each subsequent check passed on insufficient funds The Owner/Agent may refuse a personal check as the form of rent payment to cure a Three -Day Notice to Pay Rent or Quit. Cash Payment: The Employer may demand or require cash as the exclusive form of payment of rent or deposit of security if the Employee has previously attempted to pay the Employer with a check drawn on insufficient funds or the Employee has instructed the drawee to stop payment on a check, draft, or order for the payment of money If the Employer chooses to demand or require cash payment under these circumstances, the Employer shall give the Employee a written notice stating that the payment instrument was dishonored and informing the Employee that the Employee shall pay in cash for a period determined by the Employer, not to exceed three months, and attach a copy of the dishonored instrument to the notice c Occupants Guest(s) staying over 15 days without the written consent of Employer shall be considered a breach of this Agreement. ONLY the following individuals, AND NO OTHERS shall occupy the dwelling for more than 15 days without the expressed written consent of Employer obtained in advance d Termination of Right to Occupancy Within three (3) days after the effective date of termination of Employee's employment, Employee and all other occupants of the dwelling shall vacate the unit and return possession to Employer Failure to comply will result in legal proceedings by Employer to obtain possession. Such proceedings could result in a judgment against Employee, which may include attorneys' fees and court costs as allowed by law and an additional punitive award of six hundred dollars ($600) in accordance with California law e Pets No animal, fowl, fish, reptile, and/or pet of any kind shall be kept on or about the premises, for any amount of time, without obtaining Employer's prior written consent and meeting the requirements of the Employer Such consent, if granted, shall be revocable at Employer's option upon giving a 30 day written notice In the event laws are passed or permission is granted to have a pet and/or animal of any kind, an additional deposit in the amount of $1,500 shall be required, along with additional monthly rent of $500, along with the signing of Employer's Pet Agreement. Employee agrees to confine dog(s) to an agreed -upon fenced area or by leash at all times. Employee also agrees to carry insurance deemed appropriate by Employer to cover possible liability and damages that may be caused by such animals. f Liquid Filled Furnishings No liquid filled furniture, receptacle containing more than ten gallons of liquid is permitted without prior written consent and meeting the requirement of the Employer Employee also agrees to carry insurance deemed appropriate by Employer to cover possible losses that may be caused by such items. g Use of Premises Employee understands that this Agreement entitles Employee to use all of the house for personal residence, and the grounds, whenever the grounds are not already committed for Redlands Conservancy activities Further, Employee agrees that all facilities on the premises, excepting the house and the carport, are public facilities and will be used by the public for outdoor education workshops, native plant nursery, native plant demonstration gardens, fund development activities, and other activities related to only the Grant Agreement No WC-1575LY with Wildlife Conservation Board and other Redlands Conservancy or City of Redlands plans, such activities will commence no earlier than 7am and conclude no later than 10pm Employee agrees that he will conduct no business of any kind on, about or from the premises. h Premises Encumbrances Employee understands that the premises are encumbered by a grant award from the Wildlife Conservation Board to the City of Redlands, WC-1575LY for the purposes of the expansion of conserved properties in San Bernardino and Riverside Counties and the protection of wildlife habitat for both sensitive and endangered species Employee agrees that all Employee activities will be constrained by these conditions i Destruction of Premises If the premises become totally or partially destroyed during the term of this Agreement so that Employee's use is seriously impaired, Employer or Employee may terminate this Agreement immediately upon three day written notice to the other Quiet Enjoyment• Employee shall not violate any criminal or civil law, ordinance or statute in the use and occupancy of the premises, commit waste or nuisance, annoy, molest or interfere with any resident or neighbor Any such action may result in the immediate termination of this Agreement as provided herein and by law k. Repairs and Alterations to the Unit Occupied by Employee. Employee shall not paint, wallpaper, alter or redecorate, change or install locks, install antenna or other equipment, screws, fastening devices, large nails, or adhesive materials, place signs, displays, or other exhibits, on or in any portion of the premises without the written consent of Employer except as may be provided by law I Condition of Premises Employee acknowledges that he has examined the premises and that said premises, all furnishings, fixtures, furniture, plumbing, heating, electrical facilities, and/or all other items provided by Employer are all clean, and in good satisfactory condition except as may be indicated elsewhere in this Agreement. Employee agrees to keep the premises and all items in good order and good condition, and to immediately pay for costs to repair and/or replace any portion of the above damaged by Employee, his guests and/or invitees, except as provided by law At the termination of this Agreement, all of the above items in this provision shall be returned to Employer in clean and good condition, except for reasonable wear and tear, and the premises shall be free of all personal property and trash not belonging to Employer It is agreed that all dirt, holes, tears, burns, and stains of any size or amount in the carpets, window coverings, walls, fixtures, and/or any other part of the premises, do not constitute reasonable wear and tear m Insurance Employee acknowledges that Employer's insurance does not cover personal property damage caused by fire, theft, rain, war, acts of God, acts of others, and/or any other causes, nor shall Employer be held liable for such losses Employee is hereby advised to obtain his own insurance policy to cover any personal losses. Employee is not a co-insured and Employee's personal property is expressly excluded from any insurance policy held by Employer that is now in effect or becomes effective during the term of this Agreement. n. Utilities Employer will pay relevant utilities costs including trash pickup Employee will pay any and all costs related to telephone, internet, and cable services. o. Property Maintenance Employee shall deposit all garbage and waste in a clean and sanitary manner into the proper receptacles and shall cooperate in keeping the garbage area neat and clean Employee shall be responsible for disposing of items of such size and nature as are not normally acceptable by the garbage hauler Employee shall be responsible for keeping the kitchen and bathroom drains free of things that may tend to cause clogging of the drains Employee shall pay for the cleaning out of any plumbing fixture that may need to be cleared of stoppage and for the expense or damage caused by stopping of waste pipes or overflow from bathtubs, wash basins, or sinks p Smoke Detection Device The premises are equipped with a functioning smoke detection device(s), and Employee shall be responsible for testing the device weekly and immediately reporting any problems, maintenance or need for repairs to Employer If battery operated, Employee is responsible for changing the detector's battery as necessary Employer shall have a right to enter the premises to check and maintain the smoke detection device as provided by law q House Rules Employee agrees that smoking cigarettes or cigars or e-cigarettes or any other such item is not permitted anywhere on the premises, including but not limited to inside the house or any other place on the entire 12 acres of the property Employee agrees that no guest or invitee shall be permitted to smoke r Liability Employee understands that the premises, including but not limited to the house and carport, are owned by the City of Redlands, and agrees to hold harmless the City of Redlands, their officers, Employees, agents and volunteers, and any of their heirs for any injury, death or damage to or loss of personal property arising out of or in connection with this Agreement from whatever cause, including the active or passive negligence of the Redlands Conservancy, the City of Redlands, or the actions of any volunteers connected with Redlands Conservancy and/or City of Redlands. Employee further agrees to hold harmless the Redlands Conservancy, their officers, Employees, agents and volunteers, and any of their heirs for any injury, death or damage to or loss of personal property arising out of or in connection with this Agreement from whatever cause, including the active or passive negligence of the Redlands Conservancy, or the actions of any volunteers connected with Redlands Conservancy This does not waive the Employer's duty of care to prevent personal injury or property damage where that duty is imposed by law s Entry Employer may enter, inspect, and/or repair the premises at any time in case of emergency or suspected abandonment. Employer shall give 24 hours' advance notice and may enter for the purpose of showing the premises during normal business hours to prospective renters, lenders, for smoke alarm inspections, and/or for normal inspections and repairs Employer is permitted to make all alterations, repairs and maintenance that in Employer's judgement is necessary to perform Employee's non-compliance with Employer's lawful request for entry is a material breach of this Agreement that may be cause for immediate termination as provided herein and by law t. Assignment Employee agrees not to transfer, assign, or sublet the premises or any part thereof 10. Report to Credit Agencies Employee understands that he is hereby notified that a nonpayment, late payment or breach of any of the terms of this Agreement may be submitted/ reported to a credit agency, and may create a negative credit record on Employee's credit report. 11 No Waiver Employer's acceptance of rent with knowledge of any default by Employee or waiver by Employer of any breach of any term of this Agreement shall not constitute a waiver of subsequent breaches. Failure to require compliance or to exercise any right shall not be constituted as a waiver by Employer of said term, condition, and/or right, and shall not affect the validity or enforceability of any provision of this Agreement. 12. Attorneys' Fees If any legal action or proceeding be brought by either party of this Agreement, the prevailing party be reimbursed for all reasonable attorney's fees and costs in addition to other damages awarded. 13. Notices All notices to Employee shall be served at Employee's premises and all notices to Employer shall be served at PO Box 855, Redlands, CA 92373 14. Entire Agreement This Agreement constitutes the entire Agreement between Employer and Employee No oral agreements have been entered into, and all modifications or notices shall be in writing to be valid RECEIPT OF Agreement The undersigned Employee has read and understands this Agreement, and hereby acknowledges receipt of a copy of this Agreement. �I aciet Date //_.b jtl63 Date EmpJdee 2 Employer List of Duties — Addendum Redlands Conservancy's Gateway Ranch Caretaker will have the general tasks of maintaining the safe and welcoming environment for public users of Redlands Gateway Ranch and the volunteers. He/she will take direction from and will report to the Executive Director, as needed, and no other person unless agreed upon by the Executive Director and the Board of Directors President. Caretaker duties will include, but are not limited to, the following 1 Monitor activity on premises and adjoining trails to discourage misuse by unauthorized individuals, assist trail users for greater enjoyment, and identify maintenance needs - estimated at up to 4 hours per week. 2 Water propagated vegetation - estimated at up to 4 hours/week 3 Maintain landscape and perform weed abatement around the house - estimated at up to 3 hours per week 4 Open and close cable gates to parking area (once installed) and main gates to Ranch headquarters Ensure gates are closed whenever no one is on the premises - estimated at up to1 hour per week 5 Maintain and clean public spaces, including but not limited to public restroom once built - estimated at up to 1 hour per week 6 Assist with space setup and take -down (tables and chairs, materials, etc) for meetings and activities - estimated at up to 1 hour per week 7 Perform other maintenance or improvement tasks for the site as required by Employer within total hours allotted THE Voice for Redlands' Heritage since 1994 Save — Teach Thrive REDLANDS CONSERVANCY 2019. VeE, Voice for Ve lnds'Heritage since 1994 P© Box 855, Redlands, CA 92373, (909) 782.6208 www.redlandsconservancv.org, www.facebook.comlredlands.conservancy AMENDMENT TO ONSITE EMPLOYEE AGREEMENT OF FEBRUARY 1, 2019 This Amendment is entered into on the day of , 2019, between Redlands Conservancy ("Employer") and Kermit Lange ("Employee") regarding Section 8. Section 8 With this Amendm t, Employer and Employee agree that the original Agreement shall be effective and continue until 044, frtcvv 1 ?... with the understanding that the Agreement may be terminated by either mployer or/Employee at any time, with or without cause. If Employer terminates this Agreement without cause, Employer shall give Employee two weeks' prior written notice thereof. Employee's right to occupy the dwelling unit shall not be considered as a tenancy for any period whatsoever and shall terminate pursuant to Paragraph 9(d) upon termination of Employee's employment, regardless of whether the termination was voluntary or involuntary Further, unless written notice of termination is given by either Employer or Employee, the Agreement shall remain effective beyond the above stated date. Date Da Emp19Y mployer 7e,"/Ax_spZ