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Home My WebLink About25855COUNTY OF FRESNO PURCHASING DATE: 8/6/2009 THIS EXTRACT IS FOR REFERENCE AND INFORMATIONAL PURPOSES ONLY. ALL BUSINESS AND MANAGEMENT DECISIONS MUST BE GOVERNED BY THE UNDERLYING CONTRACT. ANY QUESTIONS MUST INCLUDE THE CONTRACT NUMBER AND BE ADDRESSED NUICF r TO THE COUNTY'S PURCHASING OFFICE AT 456-71 10. CONTRACT NUMBER: P-09-383-K VENDOR NUMBER: 0000268407 CONTRACT TITLE: Campground Host-Pine Flat NAME I ADDRESS: Monica DePriest CONTRACT PERIOD: 81412009 thru 8131201 2 ' MAY INCLUDE MULnPLE YEARS USING AGENCIES: TERMS: DELIVERY TERMS: DELIVERY TIME: BUYER: K - Jeannine L. Geare CONTRACT VALUE: LOCATION: Pine Flat 791 S. Carolyn Ln. #A Reedley, CA 93654 REPRESENTATIVE: Monica DePriest TELEPHONE: (559) 960-3754 FAX: E-MAIL: ' BOARWOROUPMATE CONTRACT NO: REQUISITION NO'S: 91 01 000005 ~ew q Cancellation Reference: n~enewal Short Term Tlc Date: O~djuslment q Evergreen Code. 444 O~dd0n q Klll REPORTS: None Org: 7910 Supersedes COMMODITIES, SERVICES OR MAINTENANCE COVERED UNDER THlS ACTION: SPECIAL CONDITIONS FOR USE: *Short-Term Contract - No Renewal Clause in Agreement. MSfRlBUTlON REQUESTEDIBYiDATE ADDITIONAL WSTRlBUTlON CONTRACT FILE: Id BUYER: Ed VENDOR: AUDTTOR: DEPARTMENT: Public Works Ed REQUIS~ONER: .kii~n ~hwnpson &1 Extract Page 1 of 1 Agreement No. P-og-383-K AGREEMENT 2 3 4 THIS AGREEMENT made and entered into this ,/Aday 0f/~&!20~ by and between the COUNTY OF FRESNO, a political subdivision of the State of California, hereinafter "COUNTYn, and Monica Depriest, 791 S. Carolyn Lane, Apt. #A, 5 6 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 Reedley, CA 93654, Telephone (559) 960-3754, hereinafter "CAMPGROUND HOST. WITNESSETH: 7 8 9 10 11 12 13 be provided. CAMPGROUND HOST shall be responsible for paying all monthly utility charges. The COUNTY shall reimburse CAMPGROUND HOST for monthly electrical 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 Pine Flat Campground in one existing campsite for CAMPGROUND HOST motor- home1RV. 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. 24 I1 3. During the term of this AGREEMENT, CAMPGROUND HOST agrees that COUNTY OF FRESNO Fresno, CaIHornla campsite will be occupied at least thirty (30) hours per week. 4. CAMPGROUND HOST shall owe COUNTY no monetary compensation for the campsite. 5. CAMPGROUND HOST shall perform a minimum of twenty (20) hours of Agreement No. P-og-383-K Volunteer work per week in the County's park, ten (10) of which shall be between Friday, 12:OO P.M. and Sunday 12:OO 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 488-31 11 or to County Parks and Grounds officials at 488- 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 accident, and Five Thousand Dollar ($5,000) property damage. COUNTY OF FRESNO Fnsm, Callfornla 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, hislher 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 wholthat may be injured or damaged by the performance, or failure to perform, of CAMPGROUND HOST, hislher 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 I 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 histher motor homeIRV remains upon the property after the date he/she is required to vacate the premises. COUNTY OF FRESNO Fnsm, Callfomla Agreement No. P-og-383-K b. CAMPGROUND HOST may terminate this AGREEMENT and remove the motor homelRV 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, 6' 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. 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. // COUNTY OF FRESNO Fnsno, Callfornh Agreement No. P-og-383-K 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 26 27 28 COUNTY OF FRESNO Fnmo, Callfomla IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first hereinabove written. CAMPGROUND HOST it'n (Signature) L(nhj, Mw,c -b Print Name Z*m+ COUNTY OF FRESNO PURCHASING DATE: (Signature) Print Name Ti\ s Ccw~ll, Mailing Address ai. ,cP 43~9 FOR ACCOUNTING USE ONLY: FUND NO. 0001 ORG NO. 7910 ACCOUNT NO. 7400 SUBCLASS NO. 10000 PROGRAM NO. 0 G:\7910Parks&Grounds\Public\AGREEMENTSbgt 07-16-09 Pine Flat.doc