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Home My WebLink AboutNC CH Camp Host Agreement 2022_ Revised with Signatures_ SIGNED.pdf 1 AGREEMENT 2 THIS AGREEMENT made and entered into this 12th day of J U ly 20 22 3 by and between the COUNTY OF FRESNO, a political subdivision of the State of 4 California, hereinafter "COUNTY", and Nancy Chavez & Charlie Hernandez, 3900 Q 5 St., 39A, Bakersfield, CA 93301, Telephone (661) 437-9164, hereinafter 6 "CAMPGROUND HOST". 7 WITNESSETH: 8 WHEREAS, COUNTY has need for persons to act as volunteer campground 9 hosts in County parks; and 10 WHEREAS, CAMPGROUND HOST has agreed to serve in that capacity. 11 NOW, THEREFORE, the parties hereto agree as follows: 12 1. COUNTY agrees to allow CAMPGROUND HOST to occupy a space at 13 Kearney Park in one existing campsite for CAMPGROUND HOST motor- 14 home/RV. 15 2. Utilities to the CAMPGROUND HOST campsite must be arranged and paid 16 for by CAMPGROUND HOST after receiving COUNTY'S permission for the utilities to 17 be provided. CAMPGROUND HOST shall be responsible for paying all monthly utility 18 charges. The COUNTY shall reimburse CAMPGROUND HOST for monthly electrical 19 utility charges paid, equal to actual cost or Seventy-Five Dollars ($75.00), whichever is 20 less. CAMPGROUND HOST shall be responsible for payment of that portion of 21 monthly CAMPGROUND HOST electric bills that exceed Seventy-Five Dollars 22 ($75.00). The CAMPGROUND HOST shall submit a copy of the CAMPGROUND 23 HOST monthly electric utility charges within ten (10) days of receipt to the COUNTY 24 for reimbursement. 25 3. During the term of this AGREEMENT, CAMPGROUND HOST agrees that 26 campsite will be occupied at least thirty (30) hours per week. 27 4. CAMPGROUND HOST shall owe COUNTY no monetary compensation for 28 the campsite. COUNTY OF FRESNO Fresno,California 1 1 5. CAMPGROUND HOST shall perform a minimum of twenty (20) hours of 2 Volunteer work per week in the County's park, ten (10) of which shall be between 3 Friday, 12:00 P.M. and Sunday 12:00 P.M. As part of such work CAMPGROUND 4 HOST shall perform ministerial tasks as requested by the COUNTY'S Parks Services 5 Supervisor. Tasks may include, but are not limited to fee collection, litter pick-up, 6 advising visitors of campground rules and restroom stocking. 7 6. CAMPGROUND HOST will be responsible to immediately report any 8 conduct which CAMPGROUND HOST deems to be improper in the park to either the 9 Fresno County Sheriff at 600-3111 or to County Parks and Grounds officials at 600- 10 3004. In no event shall CAMPGROUND HOST confront the individuals who appear to 11 be conducting themselves improperly. CAMPGROUND HOST'S sole responsibility is 12 to report such acts to the Sheriff or Parks and Grounds officials. While on duty 13 performing volunteer work on the County's behalf, CAMPGROUND HOST shall wear a 14 COUNTY furnished identification badge. 15 7. In the performance of the services herein provided for, CAMPGROUND 16 HOST is not an agent or employee of the COUNTY but a volunteer and is to receive 17 no monetary consideration under this AGREEMENT, except as provided in paragraph 18 2, above. 19 a. This AGREEMENT does not constitute a contract of employment, but 20 Rather a mutual acceptance of the terms under which CAMPGROUND HOST is 21 authorized to locate his or her motor home/RV on specified COUNTY premises. 22 CAMPGROUND HOST is hereby declared to be a volunteer, subject to the same 23 policy provisions as any volunteer. The COUNTY has not adopted a resolution 24 declaring volunteers to be employees for Workers' Compensation purposes pursuant 25 to Labor Code Section 3363.5. 26 b. During the term of this AGREEMENT, CAMPGROUND HOST shall 27 maintain in force a policy of automobile liability insurance with limits of at least Fifteen 28 Thousand Dollars ($15,000) per person and Thirty Thousand Dollars ($30,000) per COUNTY OF FRESNO Fresno,California 2 1 accident, and Five Thousand Dollar ($5,000) property damage. 2 8. CAMPGROUND HOST shall hold harmless the COUNTY, its officers, 3 agents and Employees from and against the payment of any and all costs and 4 expenses, claims, suits and liability for bodily and personal injury or injury or loss of 5 any property resulting from or arising out of conditions on COUNTY park property. 6 CAMPGROUND HOST agrees to indemnify, save, hold harmless, and at COUNTY'S 7 request, defend the COUNTY, its officers, agents, and employees from any and all 8 costs and expenses, damages, liabilities, claims, and losses occurring or resulting to 9 COUNTY in connection with the performance, or failure to perform, by 10 CAMPGROUND HOST, his/her officers, agents or employees under this 11 AGREEMENT, and from any and all costs and expenses, damages, liabilities, claims, 12 and losses occurring or resulting to any person, firm, corporation, or any personal or 13 real property who/that may be injured or damaged by the performance, or failure to 14 perform, of CAMPGROUND HOST, his/her officers, agents or employees under this 15 AGREEMENT. 16 9. CAMPGROUND HOST shall be authorized to have no more than two dogs 17 and/or one cat and such animals shall at all times be leashed or kept under the control 18 of CAMPGROUND HOST so as not to constitute a nuisance to the users of the park. 19 Other kinds of animals may be kept as pets by CAMPGROUND HOST only with 20 written consent of the COUNTY Resources Manager or Designee. 21 10. The term of this AGREEMENT shall commence upon execution and shall 22 terminate three (3) years after execution by the COUNTY. 23 a. COUNTY may terminate this AGREEMENT by giving 24 CAMPGROUND HOST ten (10) days written notice to vacate the park by U.S. Mail, 25 postage prepaid, to the address above. CAMPGROUND HOST must remove all of 26 CAMPGROUND HOST'S property from the park within ten (10) days of the date of 27 said notice. The CAMPGROUND HOST shall be obligated to pay the COUNTY rent at 28 the rate of Thirty ($30) Dollars per day for each day that his/her motor home/RV COUNTY OF FRESNO Fresno,California 3 1 remains upon the property after the date he/she is required to vacate the premises. 2 b. CAMPGROUND HOST may terminate this AGREEMENT and 3 remove the motor home/RV from the County park at any time but shall give the 4 COUNTY written notification of CAMPGROUND HOST'S leaving by U.S. Mail, 5 postage prepaid, addressed as follows: 6 Fresno County Parks, Resources Manager 7 2220 Tulare Street, 6t" Floor 8 Fresno, California 93721 9 11. At all times during the term of this AGREEMENT, CAMPGROUND HOST 10 Shall abide by all laws and ordinances, including those governing conduct in County 11 parks, and shall not litter or deface any park property in any manner. CAMPGROUND 12 HOST shall be responsible for all costs of repairing damage to COUNTY property 13 caused by CAMPGROUND HOST. 14 12. Any changes to this AGREEMENT requested either by the COUNTY or 15 CAMPGROUND HOST may only be effected if mutually agreed upon in writing by duly 16 authorized representatives of the parties hereto. 17 13. Neither the COUNTY nor the CAMPGROUND HOST may assign, transfer, 18 or subcontract their obligations under this AGREEMENT or any rights hereunder 19 without the prior written consent of the other party. 20 14. GOVERNING LAW: Venue for any action arising out of or related to this 21 AGREEMENT shall only be in Fresno County, California. The rights and obligations of 22 the parties and all interpretation and performance of this AGREEMENT shall be 23 governed in all respects by the laws of the State of California. 24 15. ENTIRE AGREEMENT: This AGREEMENT constitutes the entire 25 AGREEMENT between the CAMPGROUND HOST and COUNTY with respect to the 26 subject matter hereof and supersedes all previous AGREEMENT negotiations, 27 proposals, commitments, writings, advertisements, publications, and understanding of 28 any nature whatsoever unless expressly included in this AGREEMENT. COUNTY OF FRESNO Fresno,California 4 2 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT 3 as of the day and year first hereinabove written. 4 5 CAMP N COUN�1(aRF FRESWaPURQ ASING Cornuelle Date:2022.07.12 6 Cornuelle 14:37:26-07'00' 7 ( ig ure) Purchasing Manager g N60(:�l N DATE: 7/12/2022 Print Name 9 10 (Signature) 11 12 Print Name 13 sok 14 Mailing Address 15 16 17 18 19 20 21 22 23 FOR ACCOUNTING USE ONLY: 24 FUND NO. 0001 ORG NO. 7910 25 ACCOUNT NO. 7400 26 SUBCLASS NO. 10000 PROGRAM NO. 0 27 G:\7910Parks&Grounds\Pub1ic\Camp Hosts\Camp Host Agree ments\ag Cam phost Template_Nancy Chavez&Charlie 28 Hernandez.doc COUNTY OF FRESNO Fresno,California 5