nn Month 20nn CARETAKER SERVICES AGREEMENT This document embodies the agreements between Canby Rod & Gun Club ( CRGC ) and FirstName LastName ( Caretaker ) regarding CRGC contracting with Caretaker to provide security, safety, maintenance, and operational services, subject to the terms and conditions set forth below. CRGC and Caretaker agree as follows: 1. RELATIONSHIP (a) Caretaker is an independent contractor providing services to CRGC. Nothing in this agreement shall be construed to establish an employer employee relationship between Caretaker and CRGC. 2. DIRECTION AND REPORTING. (a) Caretaker s activities are to be directed by this Agreement and by the President of CRGC, who will also receive reports from Caretaker. In the absence of the President, or if the President is not available, the Vice- President will perform that function. If the Vice-President is absent or not available, CRGC s Treasurer will perform that function. (b) Each month prior to the meeting of the Board of Directors, Caretaker will report on the previous month s activities and planned activities for the next month to the President. (c) Caretaker will interact with the Treasurer regarding any questions concerning finances, taxes, insurance, payments, invoices, purchase authorizations, ordering, vendor relations, rentals, or similar areas of CRGC operations. (d) Caretaker will coordinate activities as necessary with CRGC committee chairpersons, including those of the building, range, trap, and environmental stewardship committees. 3. SERVICES. (a) Security. Caretaker is to monitor CRGC s buildings, traps, ranges, and grounds to detect intrusions by unauthorized people, and prevent or forestall vandalism or other criminal activity. Caretaker is not to put himself in harm s way, but is, rather, by making his presence known, to discourage Canby Rod & Gun Club P.O. Box 311 503-266-2453 Canby, Oregon 97013 crgc@canby.com http://www.canbyrodandgun.com/
potentially illegal acts, and to accurately collect information to report to the appropriate authorities. Upon observing such activities, Caretaker may call a CRGC officer, as in paragraph 2(a) above, or police, or both for further assistance. (b) Safety. Caretaker is to periodically observe activities on the various ranges and intervene in the event of a violation of CRGC range rules or if a potentially unsafe situation arises. Caretaker is to bring the violation of range rules to the attention of the persons involved and request that they act in compliance with those rules, or that they correct the unsafe action. If the violation continues, Caretaker is to obtain information to identify the offenders, and to report the circumstances and actions to a CRGC officer, as in paragraph 2(a) above, and CRGC s Board of Directors. Caretaker is to keep current certifications for CPR or other medical competencies, and as an NRA range officer. (c) Maintenance. Caretaker is responsible for performing minor maintenance work, either personally or by scheduling and directing the efforts of others, on CRGC s buildings and grounds, to include mowing lawns and fields; trimming around trees, fences, and structures; keeping clean the porches and paved areas; removing fallen leaves from the lawns and paved areas; putting trash from ranges and the grounds in the appropriate receptacles for burning or disposal; and preventative and minor maintenance of CRGC s groundskeeping equipment. (d) Cleaning. Caretaker is responsible for cleaning, either personally or by scheduling and directing the efforts of others, the clubhouse and pavilion as needed prior to rentals or other scheduled events, and at least once each week if no events are scheduled. (e) Operations. Caretaker is to schedule rentals of CRGC s building, grounds, and facilities, and to provide that information to CRGC s treasurer. Caretaker is to insure renters fill out applications, provide certificates of insurance, have paid the appropriate sums prior to the rental period, and clean the clubhouse, pavilion, or grounds after the rental. Caretaker is to ensure that the building is heated prior to a rental or CRGC event (fireplace or furnace or both), and that coffee is prepared prior to CRGC events, including scheduled trap shooting. Caretaker is to purchase, at CRGC s expense, necessary supplies in support of CRGC maintenance and operations, and to replace those supplies consumed during CRGC operations. Caretaker is to receive shipments on behalf of CRGC, and place the received goods in secure storage within the clubhouse. 4. RESIDENCE. In order to more effectively provide continual security for CRGC s buildings and grounds, manage the safety of the shooting ranges, and perform the maintenance and operations tasks associated with activities at CRGC, Caretaker is required to live on the CRGC grounds. CRGC, for its convenience, will provide housing for the Caretaker, including water, garbage, electricity, and an extension for the CRGC telephone. Canby Rod & Gun Club, Inc. Page 2 of 6 mm/dd/ccyy
(a) Caretaker is responsible for paying for Caretaker s personal telephone service, and any other conveniences desired by Caretaker, including but not limited to cable television. (b) Caretaker may keep up to two well-behaved pets, except that Caretaker may keep puppies or kittens for up to eight weeks after birth. (c) Caretaker may have a garden, and may plant ornamental flowers and shrubs in the area of the residence with the consent of the President or Vice President of CRGC. (d) Caretaker may not alter the residence or grounds around the residence in any way without the permission of CRGC s board of directors, except as provided in subparagraph (c) above. (e) Caretaker will inform CRGC of problems which may arise with the residence structure, appliances, or services within 48 hours after a problem is discovered so that CRGC may perform maintenance in a timely manner. (f) CRGC may perform monthly inspections of the residence provided to Caretaker to insure that it is clean, neat, and all services and appliances are properly maintained. (g) CRGC will provide a small storage shed near the residence for the use of the Caretaker. Caretaker may not store tools, equipment, or materials for personal use outside the shed or residence. (h) Caretaker may not keep more than three vehicles of any type, including watercraft, at CRGC. (i) Caretaker may not have non-functioning vehicles at CRGC for a period longer than four days. 5. COMPENSATION, TAXES AND INSURANCE (a) If Caretaker cleans the pavilion, clubhouse, and kitchen after rentals, CRGC will pay Caretaker $50.00 for each cleaning. CRGC will also pay Caretaker for such tasks that may be required from time to time by CRGC and that Caretaker may perform. The authorization and definition for such additional tasks, and the compensation for them, will be providing in a writing to Caretaker from CRGC s Board of Directors. (b) Caretaker shall be responsible for any personal taxes due on any income resulting from this agreement with CRGC. (c) Caretaker shall be responsible, at Caretaker s own expense, for providing medical insurance for Caretaker and any dependents residing with Caretaker. (d) Caretaker shall be responsible for the cost of any insurance to cover the loss or damage of Caretaker s personal property kept in the buildings or on the grounds of CRGC. (e) CRGC shall pay property tax on the residence. 6. TERM AND TERMINATION. (a) The term of this Agreement shall commence as of the date hereof and shall remain in full force and effect for a period of one year, subject to the probationary period in subparagraph (b), below. (b) The first ninety (90) days of the term of this Agreement shall be considered Canby Rod & Gun Club, Inc. Page 3 of 6 mm/dd/ccyy
a probationary period wherein CRGC and Caretaker shall evaluate the implementation and suitability of this Agreement, and determine whether or not to continue the Agreement until its termination in subparagraph (a), above. Should either CRGC or Caretaker wish to terminate this Agreement at the end of the probationary period, either may do so with or without a stated reason, and without fault, penalty, or further obligation to the other party, by providing written notice postmarked on or before the last day of the probationary period to the other party as provided in paragraph 8, below. This Agreement will be considered terminated upon receipt of the notice. (c) CRGC and Caretaker may terminate this Agreement at any time by mutual written consent. (d) Either CRGC or Caretaker may terminate this Agreement at any time upon breach of this Agreement by the other party. 7. MEMBERSHIP, AND CONFLICT OF INTEREST (a) Caretaker shall be offered an honorary membership in CRGC. If Caretaker is already a CRGC member, the honorary membership shall be offered to Caretaker s spouse. (b) Caretaker may be a member in good standing of CRGC, and as such may be elected to a CRGC office or the board of directors. In that capacity Caretaker may be involved in discussions or decisions which are related to the caretaker position or agreement. In such an event, Caretaker will be expected to declare a conflict of interest and recuse himself from voting upon such an issue. 5. COMPLIANCE WITH LAWS AND REGULATIONS, PERMITS AND LICENSES Caretaker shall comply with all applicable laws, codes, ordinances, rules, and regulations of the federal, state, and local governments, and of any and all political subdivisions and regulatory authorities thereof in which these Services are provided. All necessary permits, certificates, and licenses required in connection with the Services shall be obtained by Caretaker at Caretaker s expense unless otherwise provided in this Agreement. 6. NO GRATUITIES. Caretaker represents, warrants and covenants that he has not provided or otherwise made available, and will not provide or otherwise make available, either directly or indirectly, to any officer, director, or employee of CRGC, its divisions and subsidiaries, any monies, gifts, or other benefits of any kind or nature. 7. LIMITATION OF LIABILITY. IN NO EVENT WILL CRGC BE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH CARETAKER MAY INCUR OR EXPERIENCE ON ACCOUNT OF ENTERING INTO OR RELYING ON THIS AGREEMENT, EVEN IF CRGC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Canby Rod & Gun Club, Inc. Page 4 of 6 mm/dd/ccyy
8. NOTICES. All notices, requests, consents, demands, and other communications provided for by this Agreement shall be in writing and shall (unless otherwise specifically provided herein) be deemed given when mailed at any general branch United States Post Office enclosed in a registered or certified postpaid envelope, addressed to the parties at the addresses set forth below or to such changed address as each party may designate by notice to the other: If to CRGC: If to Caretaker: Canby Rod & Gun Club, Inc. FirstName LastName PO Box 311 25025 S Molalla Forest Rd Canby, Oregon 97013 Canby, Oregon 97013 Attention: President provided, however, that any notice of change of address shall be effective only upon receipt. 9. MISCELLANEOUS. (a) This Agreement and the Supplements hereto set forth the entire agreement and understanding between CRGC and Caretaker as to the subject matter hereof, and merge with and supersede all prior discussions, agreements, and understandings of any kind and every nature between them. (b) This Agreement shall be binding upon and shall inure to the benefit of the parties hereto. (c) This Agreement shall not be changed, modified or amended except by a writing signed by both parties. (d) If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon CRGC and Caretaker and shall be enforceable as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement. (e) The failure by either CRGC or Caretaker to insist upon strict performance of any of the provisions contained in this Agreement shall in no way constitute a waiver of its rights as set forth in this Agreement, at law or in equity, or a waiver of any other provisions or subsequent default by the other party in the performance of or compliance with any of the terms and conditions set forth in this Agreement. (f) This Agreement shall be governed in all respects by the State of Oregon, without giving effect to principles of conflicts of law. (g) The headings of the Agreement are intended solely for convenience of reference and shall be given no effect in the interpretation or construction of this Agreement. If the foregoing correctly sets forth our understanding, please sign the enclosed copy of this Agreement and return it to CRGC, whereupon (after CRGC has signed this Agreement) it will become a binding agreement between us enforceable in accordance with its terms. Canby Rod & Gun Club, Inc. Page 5 of 6 mm/dd/ccyy
Canby Rod & Gun Club, Inc. By: Date: (Signature Authorized Officer) Name: Title: (type or print) AGREED TO AND ACCEPTED: By: Date: (Signature FirstName LastName) Canby Rod & Gun Club, Inc. Page 6 of 6 mm/dd/ccyy