HomeMy WebLinkAboutP-21-322 Campground Host_Kearney Park_Kristol Beltran.pdf1
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COUNTY OF FRESNO
Fresno, California 1
AGREEMENT
THIS AGREEMENT made and entered into this 17th day of August 2021
by and between the COUNTY OF FRESNO, a political subdivision of the State of
California, hereinafter “COUNTY”, and Kristol Beltran & Humberto Serna, 1027 N.
Thesta Ave, Fresno, CA, 93701, Telephone (559) 371-0492, hereinafter
“CAMPGROUND HOST”.
WITNESSETH:
WHEREAS, COUNTY has need for persons to act as volunteer campground hosts
in County parks; and
WHEREAS, CAMPGROUND HOST has agreed to serve in that capacity.
NOW, THEREFORE, the parties hereto agree as follows:
1.COUNTY agrees to allow CAMPGROUND HOST to occupy a space at
Kearney Park in one existing campsite for CAMPGROUND HOST motor-
home/RV.
2.Utilities to the CAMPGROUND HOST campsite must be arranged and paid
for by CAMPGROUND HOST after receiving COUNTY’S permission for the utilities to
be provided. CAMPGROUND HOST shall be responsible for paying all monthly utility
charges. The COUNTY shall reimburse CAMPGROUND HOST for monthly electrical
utility charges paid, equal to actual cost or Seventy-Five Dollars ($75.00), whichever is
less. CAMPGROUND HOST shall be responsible for payment of that portion of
monthly CAMPGROUND HOST electric bills that exceed Seventy-Five Dollars
($75.00). The CAMPGROUND HOST shall submit a copy of the CAMPGROUND
HOST monthly electric utility charges within ten (10) days of receipt to the COUNTY
for reimbursement.
3.During the term of this AGREEMENT, CAMPGROUND HOST agrees that
campsite will be occupied at least thirty (30) hours per week.
4.CAMPGROUND HOST shall owe COUNTY no monetary compensation for
the campsite.
P-21-322
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COUNTY OF FRESNO
Fresno, California 2
5.CAMPGROUND HOST shall perform a minimum of twenty (20) hours of
Volunteer work per week in the County’s park, ten (10) of which shall be between
Friday, 12:00 P.M. and Sunday 12:00 P.M. As part of such work CAMPGROUND
HOST shall perform ministerial tasks as requested by the COUNTY’S Parks Services
Supervisor. Tasks may include, but are not limited to fee collection, litter pick-up,
advising visitors of campground rules and restroom stocking.
6.CAMPGROUND HOST will be responsible to immediately report any
conduct which CAMPGROUND HOST deems to be improper in the park to either the
Fresno County Sheriff at (559) 600-3111 or to County Parks and Grounds officials at
(559)600-3004. In no event shall CAMPGROUND HOST confront the individuals who
appear to be conducting themselves improperly. CAMPGROUND HOST’S sole
responsibility is to report such acts to the Sheriff or Parks and Grounds officials. While
on duty performing volunteer work on the County’s behalf, CAMPGROUND HOST
shall wear a COUNTY furnished identification badge.
7.In the performance of the services herein provided for, CAMPGROUND
HOST is not an agent or employee of the COUNTY but a volunteer and is to receive
no monetary consideration under this AGREEMENT, except as provided in paragraph
2, above.
a.This AGREEMENT does not constitute a contract of employment, but
Rather a mutual acceptance of the terms under which CAMPGROUND HOST is
authorized to locate his or her motor home/RV on specified COUNTY premises.
CAMPGROUND HOST is hereby declared to be a volunteer, subject to the same
policy provisions as any volunteer. The COUNTY has not adopted a resolution
declaring volunteers to be employees for Workers’ Compensation purposes pursuant
to Labor Code Section 3363.5.
b.During the term of this AGREEMENT, CAMPGROUND HOST shall
maintain in force a policy of automobile liability insurance with limits of at least Fifteen
Thousand Dollars ($15,000) per person and Thirty Thousand Dollars ($30,000) per
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COUNTY OF FRESNO
Fresno, California 3
accident, and Five Thousand Dollar ($5,000) property damage.
8.CAMPGROUND HOST shall hold harmless the COUNTY, its officers,
agents and Employees from and against the payment of any and all costs and
expenses, claims, suits and liability for bodily and personal injury or injury or loss of
any property resulting from or arising out of conditions on COUNTY park property.
CAMPGROUND HOST agrees to indemnify, save, hold harmless, and at COUNTY’S
request, defend the COUNTY, its officers, agents, and employees from any and all
costs and expenses, damages, liabilities, claims, and losses occurring or resulting to
COUNTY in connection with the performance, or failure to perform, by
CAMPGROUND HOST, his/her officers, agents or employees under this
AGREEMENT, and from any and all costs and expenses, damages, liabilities, claims,
and losses occurring or resulting to any person, firm, corporation, or any personal or
real property who/that may be injured or damaged by the performance, or failure to
perform, of CAMPGROUND HOST, his/her officers, agents or employees under this
AGREEMENT.
9.CAMPGROUND HOST shall be authorized to have no more than two dogs
and/or one cat and such animals shall at all times be leashed or kept under the control
of CAMPGROUND HOST so as not to constitute a nuisance to the users of the park.
Other kinds of animals may be kept as pets by CAMPGROUND HOST only with
written consent of the COUNTY Resources Manager or Designee.
10.The term of this AGREEMENT shall commence upon execution and shall
terminate three (3) years after execution by the COUNTY.
a.COUNTY may terminate this AGREEMENT by giving
CAMPGROUND HOST ten (10) days written notice to vacate the park by U.S. Mail,
postage prepaid, to the address above. CAMPGROUND HOST must remove all of
CAMPGROUND HOST’S property from the park within ten (10) days of the date of
said notice. The CAMPGROUND HOST shall be obligated to pay the COUNTY rent at
the rate of Thirty ($30) Dollars per day for each day that his/her motor home/RV
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COUNTY OF FRESNO
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remains upon the property after the date he/she is required to vacate the premises.
b.CAMPGROUND HOST may terminate this AGREEMENT and
remove the motor home/RV from the County park at any time but shall give the
COUNTY written notification of CAMPGROUND HOST’S leaving by U.S. Mail,
postage prepaid, addressed as follows:
Fresno County Parks, Resources Manager
2220 Tulare Street, 6th Floor
Fresno, California 93721
11.At all times during the term of this AGREEMENT, CAMPGROUND HOST
Shall abide by all laws and ordinances, including those governing conduct in County
parks, and shall not litter or deface any park property in any manner. CAMPGROUND
HOST shall be responsible for all costs of repairing damage to COUNTY property
caused by CAMPGROUND HOST.
12.Any changes to this AGREEMENT requested either by the COUNTY or
CAMPGROUND HOST may only be effected if mutually agreed upon in writing by duly
authorized representatives of the parties hereto.
13.Neither the COUNTY nor the CAMPGROUND HOST may assign, transfer,
or subcontract their obligations under this AGREEMENT or any rights hereunder
without the prior written consent of the other party.
14.GOVERNING LAW: Venue for any action arising out of or related to this
AGREEMENT shall only be in Fresno County, California. The rights and obligations of
the parties and all interpretation and performance of this AGREEMENT shall be
governed in all respects by the laws of the State of California.
15.ELECTRONIC SIGNATURE: The parties agree that this Agreement may
be executed by electronic signature as provided in this section. An “electronic
signature” means any symbol or process intended by an individual signing this
Agreement to represent their signature, including but not limited to (1) a digital
signature; (2) a faxed version of an original handwritten signature; or (3) an
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COUNTY OF FRESNO
Fresno, California 5
electronically scanned and transmitted (for example by PDF document) of a
handwritten signature. Each electronic signature affixed or attached to this Agreement
(1) is deemed equivalent to a valid original handwritten signature of the person signing
this Agreement for all purposes, including but not limited to evidentiary proof in any
administrative or judicial proceeding, and (2) has the same force and effect as the
valid original handwritten signature of that person. The provisions of this section satisfy
the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform
Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with
section 1633.1). Each party using a digital signature represents that it has undertaken
and satisfied the requirements of Government Code section 16.5, subdivision (a),
paragraphs (1) through (5), and agrees that each other party may rely upon that
representation. This Agreement is not conditioned upon the parties conducting the
transactions under it by electronic means and either party may sign this Agreement
with an original handwritten signature.
16.ENTIRE AGREEMENT: This AGREEMENT constitutes the entire
AGREEMENT between the CAMPGROUND HOST and COUNTY with respect to the
subject matter hereof and supersedes all previous AGREEMENT negotiations,
proposals, commitments, writings, advertisements, publications, and understanding of
any nature whatsoever unless expressly included in this AGREEMENT.
//
P-21-322
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COUNTY OF FRESNO
Fresno, California 6
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of
the day and year first hereinabove written.
CAMPGROUND HOST COUNTY OF FRESNO PURCHASING
________________________________ _______________________________
(Signature) Purchasing Manager
________________________________ DATE:_________________________
Print Name
_______________________________
(Signature)
_______________________________
Print Name
_______________________________
Mailing Address
FOR ACCOUNTING USE ONLY:
FUND NO. 0001
ORG NO. 7910
ACCOUNT NO. 7400
SUBCLASS NO. 10000
PROGRAM NO. 0
Kristol Beltran
Humberto Serna
1027 N. Thesta Ave, Fresno, CA 93701
P-21-322