HomeMy WebLinkAboutAmendment No. 1 to Agreement_ D-23-072.pdf 1 AMENDMENT NO. 1 TO SERVICE AGREEMENT
2 This Amendment No. 1 to Service Agreement (D-23-072) is dated Sept. 1, 2023
3 and is between Bernice Lira ("Campground Host"), and the County of Fresno, a political
4 subdivision of the State of California ("County").
5 Recitals
6 A. On March 1, 2023, the County and the Campground Host entered into Camp Host
7 Agreement, which is County agreement number D-23-072 ("Agreement"), for a volunteer
8 campground host in County Parks performing ministerial tasks as requested by the County's
9 Parks Services Supervisor.
10 B. Due to a Camp Host vacancy at Lost Lake Park, it has become necessary to move a
11 Camp Host from Avocado Lake Park.
12 C. The County and the Campground Host now desire to amend the Agreement to update
13 the County Park location of Camp Host.
14 The parties therefore agree as follows:
15 1. Section 1 of the Agreement located at page 1 line 11 through 13 is deleted in its entirety
16 and replaced with the following:
17 "COUNTY agrees to allow CAMPGROUND HOST to occupy a space at Lost
18 Lake Park in one existing campsite for CAMPGROUND HOST motor- home/RV."
19 2. When both parties have signed this Amendment No. 1, the Agreement and this
20 Amendment No. 1 together constitute the Agreement.
21 3. The Campground Host represents and warrants to the County that:
22 a. The Campground Host is duly authorized and empowered to sign and perform its
23 obligations under this Amendment.
24 b. The individual signing this Amendment on behalf of the Campground Host is duly
25 authorized to do so and his or her signature on this Amendment legally binds the
26 Campground Host to the terms of this Amendment.
27 4. The parties agree that this Amendment may be executed by electronic signature as
28 provided in this section.
1
1 a. An "electronic signature" means any symbol or process intended by an individual
2 signing this Amendment to represent their signature, including but not limited to (1) a
3 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
4 electronically scanned and transmitted (for example by PDF document) version of an
5 original handwritten signature.
6 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
7 equivalent to a valid original handwritten signature of the person signing this
8 Amendment for all purposes, including but not limited to evidentiary proof in any
9 administrative or judicial proceeding, and (2) has the same force and effect as the
10 valid original handwritten signature of that person.
11 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
12 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
13 2, Title 2.5, beginning with section 1633.1).
14 d. Each party using a digital signature represents that it has undertaken and satisfied
15 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
16 through (5), and agrees that each other party may rely upon that representation.
17 e. This Amendment is not conditioned upon the parties conducting the transactions
18 under it by electronic means and either party may sign this Amendment with an
19 original handwritten signature.
20 5. This Amendment may be signed in counterparts, each of which is an original, and all of
21 which together constitute this Amendment.
22 6. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
23 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
24 effect.
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause.
3
Bernice Lira COUNTY OF FRESNO PURCHASING
4
i r n LA
6 Bernice Lira, :ampground Host Purchasing Manager
1175 Shaw Ave#104 PMB Date: 1/12/24
7 Clovis, CA 93612
8 For accounting use only:
9 Org No.: 7910
Account No.:7295
10 Fund No.:0001
Subclass No.:10000
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