HomeMy WebLinkAboutCamphost_ Agreement_Winton-Signed.pdf 1 AGREEMENT
2 THIS AGREEMENT made and entered into this 1St day of September2023
day month year
3 by and between the COUNTY OF FRESNO, a political subdivision of the State of
4 California, hereinafter "COUNTY", and Russell Noel 12762 Charlton Road
first last name(s) address
5 Madera, CA 93636 Telephone (559) 479-0655 hereinafter "CAMPGROUND HOST".
city,state,zip area
6 WITNESSETH:
7 WHEREAS, COUNTY has need for persons to act as volunteer campground
8 hosts in County parks; and
9 WHEREAS, CAMPGROUND HOST has agreed to serve in that capacity.
10 NOW, THEREFORE, the parties hereto agree as follows:
11 1. COUNTY agrees to allow CAMPGROUND HOST to occupy a space at
12 Winton Park in one existing campsite for CAMPGROUND HOST
13 motor- home/RV.
14 2. Utilities to the CAMPGROUND HOST campsite must be arranged and paid
15 for by CAMPGROUND HOST after receiving COUNTY'S permission for the utilities to
16 be provided. CAMPGROUND HOST shall be responsible for paying all monthly utility
17 charges. The COUNTY shall reimburse CAMPGROUND HOST for monthly electrical
18 utility charges paid, equal to actual cost or Seventy-Five Dollars ($75.00), whichever is
19 less. CAMPGROUND HOST shall be responsible for payment of that portion of
20 monthly CAMPGROUND HOST electric bills that exceed Seventy-Five Dollars
21 ($75.00). The CAMPGROUND HOST shall submit a copy of the CAMPGROUND
22 HOST monthly electric utility charges within ten (10) days of receipt to the COUNTY
23 for reimbursement.
24 3. During the term of this AGREEMENT, CAMPGROUND HOST agrees that
25 campsite will be occupied at least thirty (30) hours per week.
26 4. CAMPGROUND HOST shall owe COUNTY no monetary compensation for
27 the campsite.
28 5. CAMPGROUND HOST shall perform a minimum of twenty (20) hours of
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1 Volunteer work per week in the County's park, ten (10) of which shall be between
2 Friday, 12:00 P.M. and Sunday 12:00 P.M. As part of such work CAMPGROUND
3 HOST shall perform ministerial tasks as requested by the COUNTY'S Parks Services
4 Supervisor. Tasks may include, but are not limited to fee collection, litter pick-up,
5 advising visitors of campground rules and restroom stocking.
6 6. CAMPGROUND HOST will be responsible to immediately report any
7 conduct which CAMPGROUND HOST deems to be improper in the park to either the
8 Fresno County Sheriff at (559) 600-3111 or to County Parks and Grounds officials at
9 (559) 600-3004. In no event shall CAMPGROUND HOST confront the individuals who
10 appear to be conducting themselves improperly. CAMPGROUND HOST'S sole
11 responsibility is to report such acts to the Sheriff or Parks and Grounds officials. While
12 on duty performing volunteer work on the County's behalf, CAMPGROUND HOST
13 shall wear a COUNTY furnished identification badge.
14 7. In the performance of the services herein provided for, CAMPGROUND
15 HOST is not an agent or employee of the COUNTY but a volunteer and is to receive
16 no monetary consideration under this AGREEMENT, except as provided in paragraph
17 2, above.
18 a. This AGREEMENT does not constitute a contract of employment, but
19 Rather a mutual acceptance of the terms under which CAMPGROUND HOST is
20 authorized to locate his or her motor home/RV on specified COUNTY premises.
21 CAMPGROUND HOST is hereby declared to be a volunteer, subject to the same
22 policy provisions as any volunteer. The COUNTY has not adopted a resolution
23 declaring volunteers to be employees for Workers' Compensation purposes pursuant
24 to Labor Code Section 3363.5.
25 b. During the term of this AGREEMENT, CAMPGROUND HOST shall
26 maintain in force a policy of automobile liability insurance with limits of at least Fifteen
27 Thousand Dollars ($15,000) per person and Thirty Thousand Dollars ($30,000) per
28 accident, and Five Thousand Dollar ($5,000) property damage.
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1 8. CAMPGROUND HOST shall hold harmless the COUNTY, its officers,
2 agents and Employees from and against the payment of any and all costs and
3 expenses, claims, suits and liability for bodily and personal injury or injury or loss of
4 any property resulting from or arising out of conditions on COUNTY park property.
5 CAMPGROUND HOST agrees to indemnify, save, hold harmless, and at COUNTY'S
6 request, defend the COUNTY, its officers, agents, and employees from any and all
7 costs and expenses, damages, liabilities, claims, and losses occurring or resulting to
8 COUNTY in connection with the performance, or failure to perform, by
9 CAMPGROUND HOST, his/her officers, agents or employees under this
10 AGREEMENT, and from any and all costs and expenses, damages, liabilities, claims,
11 and losses occurring or resulting to any person, firm, corporation, or any personal or
12 real property who/that may be injured or damaged by the performance, or failure to
13 perform, of CAMPGROUND HOST, his/her officers, agents or employees under this
14 AGREEMENT.
15 9. CAMPGROUND HOST shall be authorized to have no more than two dogs
16 and/or one cat and such animals shall at ail tildes be leashed or kept under the control
17 of CAMPGROUND HOST so as not to constitute a nuisance to the users of the park.
18 Other kinds of animals may be kept as pets by CAMPGROUND HOST only with
19 written consent of the COUNTY Resources Manager or Designee.
20 10. The term of this AGREEMENT shall commence upon execution and shall
21 terminate three (3) years after execution by the COUNTY.
22 a. COUNTY may terminate this AGREEMENT by giving
23 CAMPGROUND HOST ten (10) days written notice to vacate the park by U.S. Mail,
24 postage prepaid, to the address above. CAMPGROUND HOST must remove all of
25 CAMPGROUND HOST'S property from the park within ten (10) days of the date of
26 said notice. The CAMPGROUND HOST shall be obligated to pay the COUNTY rent at
27 the rate of Thirty ($30) Dollars per day for each day that his/her motor home/RV
28 remains upon the property after the date he/she is required to vacate the premises.
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1 b. CAMPGROUND HOST may terminate this AGREEMENT and
2 remove the motor home/RV from the County park at any time but shall give the
3 COUNTY written notification of CAMPGROUND HOST'S leaving by U.S. Mail,
4 postage prepaid, addressed as follows-
5 Fresno County Parks, Resources Manager
6 2220 Tulare Street, 6th Floor
7 Fresno, California 93721
8 11. At all times during the term of this AGREEMENT, CAMPGROUND HOST
9 Shall abide by all laws and ordinances, including those governing conduct in County
10 parks, and shall not litter or deface any park property in any manner. CAMPGROUND
11 HOST shall be responsible for all costs of repairing damage to COUNTY property
12 caused by CAMPGROUND HOST.
13 12. Any changes to this AGREEMENT requested either by the COUNTY or
14 CAMPGROUND HOST may only be effected if mutually agreed upon in writing by duly
15 authorized representatives of the parties hereto.
16 13. Neither the COUNTY nor the CAMPGROUND HOST may assign, transfer,
17 or subcontract their obligations under this AGREEMENT or any rights hereunder
18 without the prior written consent of the other party.
19 14. ELECTRONIC SIGNATURES. The parties agree that this Agreement may
20 be executed by electronic signature as provided in this section. An "electronic
21 signature" means any symbol or process intended by an individual signing this
22 Agreement to represent their signature, including but not limited to (1) a digital
23 signature; (2) a faxed version of an original handwritten signature; or (3) an
24 electronically scanned and transmitted (for example by PDF document) of a
25 handwritten signature. Each electronic signature affixed or attached to this Agreement
26 (1) is deemed equivalent to a valid original handwritten signature of the person signing
27 this Agreement for all purposes, including but not limited to evidentiary proof in any
28 administrative or judicial proceeding, and (2) has the same force and effect as the
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Fresno,California 4
1 valid original handwritten signature of that person. The provisions of this section satisfy
2 the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform
3 Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with
4 section 1633.1). Each party using a digital signature represents that it has undertaken
5 and satisfied the requirements of Government Code section 16.5, subdivision (a),
6 paragraphs (1) through (5), and agrees that each other party may rely upon that
7 representation. This Agreement is not conditioned upon the parties conducting the
8 transactions under it by electronic means and either party may sign this Agreement
9 with an original handwritten signature.
10 15. GOVERNING LAW: Venue for any action arising out of or related to this
11 AGREEMENT shall only be in Fresno County, California. The rights and obligations of
12 the parties and all interpretation and performance of this AGREEMENT shall be
13 governed in all respects by the laws of the State of California.
14 16. ENTIRE AGREEMENT: This AGREEMENT constitutes the entire
15 AGREEMENT between the CAMPGROUND HOST and COUNTY with respect to the
16 subject matter hereof and supersedes all previous AGREEMENT negotiations,
17 proposals, commitments, writings, advertisements, publications, and understanding of
18 any nature whatsoever unless expressly included in this AGREEMENT.
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1 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT
2 as of the day and year first hereinabove written.
CAMPGROUND HOST COUNTY OF FRESNO PURCHASING
i, Gar CO rn u e I I e Digitally signed by Gary Cornuelle
5 Y Date:2023.08.31 11:12:08-07'00'
6 ( gnature) O Purchasing Manager
7 J t a- �` ..� �,_? DATE:
Print Name
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9 (Signature)
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11 Print Name
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Mailing Address y11
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24 FOR ACCOUNTING USE ONLY:
FUND NO. 0001
25 ORG NO. 7910
26 ACCOUNT NO. 7295
SUBCLASS NO. 10000
27 PROGRAM NO. 0
28 G:\7910Parks&Grounds\Pub1ic\Camp Hosts\agCamphostTemplate_Agreement Sample.doc
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