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HomeMy WebLinkAboutCamphost Agreement_Tony Mireles_2022 SIGNED.pdf 1 AGREEMENT 2 THIS AGREEMENT made and entered into this 15 day of_JU'Y 2022 3 by and between the COUNTY OF FRESNO, a political subdivision of the State of 4 California, hereinafter "COUNTY", and Tony Mireles & LUIa Mireles 5 1030 Florence Ave. Sanger, CA 93657 Telephone (559) 787-2925 6 hereinafter "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 Choinumni _ Park in one existing campsite for CAMPGROUND 14 HOST motor- 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 (559) 600-3111 or to County Parks and Grounds officials at 10 (559) 600-3004. In no event shall CAMPGROUND HOST confront the individuals who 11 appear to be conducting themselves improperly. CAMPGROUND HOST'S sole 12 responsibility is to report such acts to the Sheriff or Parks and Grounds officials. While 13 on duty performing volunteer work on the County's behalf, CAMPGROUND HOST 14 shall wear a 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,Callfornla 2 1 accident, and Five 3 8" CAMPG T hOusand Dollar agents an R pUND HpS T s ($5,000)Propert 4 dE 5 expenses Clair from and hall hold harr Y damage. 6 any Property rns, suits an against the pay n/ess the COUNTY Y resu/ d liability for meat o f , its officers CAMPGROUND t�n9 from or arising bodily and Personal any and all cost 8 request defend NOST agrees to i 9 out o f condition ona/Injury or in"u sand 9 costs and eVen the COUNTY its o ndemnify, save h son CpUNT Year rY or loss of 10 COUNTY in con ses, damages, liabilities, f cers, agents, an of d harm/ess, and k property 11 CAltPGROUN section with the bihties c/aims an d emploYees fro at CAUNTY S 12 AGREEME;VT D NpsT his/her performance, or fa d losses °ccurrin many and all an ' and fr officers failure to 9 or resulting 13 d losses °m any a ' agents or Perform 9 to � b 14 real propertyoccurring or resu/tin and all costs and ex emP/OYees under Y perform of C �'ho/that maybe ; g to any person, fi penSes, damages this 15 AMP nlure rrn, corporation, liabilities 16 AGREEMENT GROUND HpST d or damaged by t or an es, Clair S his/ he Y pers 17 an 9" CAMPGRp her officers, agents or fa. oral or 18 of and/or one cat ands UND NpsT shall is or emp/OYees u failure to 19 CgMPGR pUND such an, shall be author;2ed to rider this 20 Other kinds of ani HOST so as not at all tunes be le have no more than 21 written consent of orals,nay be not to constitute a nui leashed or kept and two dogs 22 10. The ter the COUNTY Res as pets by CAMPGsance to the users f the control 23 terminate three 3 m of this AGREE Resources Manager o ROUND HOST o of the Park. 24 a ( )Years after exe MENT shall corn r Desiggnee sly with 25 CgMPGR pUND CpUNT Y s�aY ter cu t/On by the CpU mence upon execu 26 Postage prepaid HOST ten (10)d minate this AGR N1'Y ton and Shall 2? CgMPGR pUN , to the address aYs written not;ce EEMENT by giving 28 said notice T D HOST,S proper above CgMPGR t/ Vacate the par he C tY fro F°Srto COFFRESNO AMPGR pUN m the Park OV ND HOST Must k by U g i/ the rate of Thirty @Uf°rn/a D Hp ith�n t st re ($30)Dollars Per ST shall be obli en (10) days of Ve a//of day for each day t gated to pay the C the date of that hrs/her rpotor 3 AUNTY rent at hOs7e/RV 1 2 remains upon the 3 r b C pr°pertY after the d 4 emove the motor AMPGROVND HO ate he/she is required 5 COUNTY written home/RV from the h ST May term�na 9 gyred to vacate the 6 postage prepaid, a otification o f CAMeP County park at any this AGREEMEiv premises. addressed as fol/o GRot)ND HOST Y tune but shall give T and 8 Fresno Count ws. S leaving by U.S the 22 Y Parks S. Mail g 20 Tulare Street th Resources Man ' 10 Shall 11. At all tines Fresno, California 8 6 Floor alter 11 Parks, ab,de by all laws during the term o 3�21 12 HO ks and shall not litter ordinances f this AGREEME 13 ST shall be res tter or deface an , including those ven CAMPGROU 14 Caused by CAMPGponslb/e for all cos y park property in governing conduct ND HOST 15 12. qnY changes ROUND I/o' is o frepairing da any manner C,q in County 16 CAMPGROUND angel to this qG mage to COUNTY MPGROVND 1� authorised representatives may on/y b REEMENT requested property senOS e effected steel 18 13• Neither the ected if mutually agreed by the COIJ or subc COes of the parties her gree NTY 19 without °ntract their obliga •V NTY nor the Gq eto d upon in writing b or 20 the Prior bons y du/y written con under this qG PGROVND 11OS 21 be exe 14 EC ECT RCN/C sent of the othe REEMENT°r a T may assign 22 sign cuted by electronic S/GNATURE3 rparty nY rights hereunder ature" si he der 23 means nic 9nature T parties 24 ggre rent to any symbol or as pro �ded in agree at this e v• that 25 signature; (2 represent their signature process intended this section. qn ,Is Agreement may 26 electronicall ,a f axed versiOn gnature, lncludin by an individual electronic y scanned °f an On g but not 11 signing this handwritten sign and Ong mited to (1 ha 2� (1�is dee tore Eac transmitted(for ex ndwritten signatur a digital Oni ' F�snry�FFRESN 8 this ggre med equivalent to electronic %ctr c signature e by PDF do e or(3)an a�lrornia o ement for all purpo a valid ore a ffixe current) of a original ha d or attached ses, including butndwritten signatur to this Agree mit he nt me not li eel to evide of person sign 4 ntiary proof in any Ong I administrative or judicial proceeding, and (2) has the same force and effect as the 2 valid original handwritten signature of that person. The provisions of this section satisfy 3 the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform 4 Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with 5 section 1633.1). Each party using a digital signature represents that it has undertaken 6 and satisfied the requirements of Government Code section 16.5, subdivision (a), 7 paragraphs (1) through (5), and agrees that each other party may rely upon that 8 representation. This Agreement is not conditioned upon the parties conducting the 9 transactions under it by electronic means and either party may sign this Agreement 10 with an original handwritten signature. 11 15. GOVERNING LAW: Venue for any action arising out of or related to this 12 AGREEMENT shall only be in Fresno County, California. The rights and obligations of 13 the parties and all interpretation and performance of this AGREEMENT shall be 14 governed in all respects by the laws of the State of California. 15 16. ENTIRE AGREEMENT: This AGREEMENT constitutes the entire 16 AGREEMENT between the CAMPGROUND HOST and COUNTY with respect to the 17 subject matter hereof and supersedes all previous AGREEMENT negotiations, 18 proposals, commitments, writings, advertisements, publications, and understanding of 19 any nature whatsoever unless expressly included in this AGREEMENT. 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,Callfornla 5 2 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT 3 as of the day and year first hereinabove written. 4 5 CAMPGROUND HOST COUNTY OF FRESNO PURCHASING 001 Digitally signed by Gary Cornuelle 6 Vary C O rn u e I I e Date:2022.07.27 17:04:32-07'00' 7 (Signatu Purchasing Manager 8 ovL V r pf DATE:_ Print Name 9 —f j // � _�_�y�� I _ 10 Gs ignature) 11 L04 12 r t Name 13 14 Mailing Address 9-C,15 16 17 18 19 20 21 22 23 FOR ACCOUNTING USE ONLY: 24 FUND NO. 0001 ORG NO. 7910 25 ACCOUNT NO. 7295 26 SUBCLASS NO. 10000 PROGRAM NO. 0 27 G17910Parks&Grounds\Public\Camp Hosts\Camp Host Agreements\agCamphost Template.doc 28 COUNTY OF FRESNO Fresno,California 6