HomeMy WebLinkAboutAmendment No. 2 to Agreement D-23-072.pdf 1 AMENDMENT NO. 2 TO SERVICE AGREEMENT
2 This Amendment No. 2 to Service Agreement ("Amendment No. 1") is dated
3 February 1 , 2024 and is between Bernice Lira ("Campground Host"), and the County of
4 Fresno, a political 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. On September 1, 2023, the County and the Campground Host entered into "Amendment
11 No. 1 to Service Agreement" to move Camp Host from Avocado Lake Park to Lost Lake
12 Recreation Area.
13 C. For the purpose of efficient correspondence and at the request of the Campground Host,
14 it has become necessary to update the physical and mailing address of the Camp Host on the
15 Service Agreement.
16 D. The County and the Campground Host now desire to further amend the Agreement to
17 update the physical and mailing address of the Camp Host.
18 The parties therefore agree as follows:
19 1. Paragraph 1 of the Agreement located at line 1 through 4 is deleted in its entirety and
20 replaced with the following:
21 "THIS AGREEMENT made and entered into this 1st day of March 2023 by and
22 between the COUNTY OF FRENO, a political subdivision of the State of
23 California, hereinafter"COUNTY", and Bernice Lira, 15901 N Friant Rd #B,
24 Friant, CA 93626, Telephone (559) 538-4340, hereinafter"CAMPGROUND
25 HOST"."
26 2. Signature section of the Agreement located at page 6, line 12 is amended to add the
27 following to the mailing address field:
28 "15901 N Friant RD#B, Friant, CA 93626"
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1 3. When both parties have signed this Amendment No. 2, the Agreement, Amendment No.
2 1, and this Amendment No. 2 together constitute the Agreement.
3 4. The Campground Host represents and warrants to the County that:
4 a. The Campground Host is duly authorized and empowered to sign and perform its
5 obligations under this Amendment.
6 b. The individual signing this Amendment on behalf of the Campground Host is duly
7 authorized to do so and his or her signature on this Amendment legally binds the
8 Campground Host to the terms of this Amendment.
9 5. The parties agree that this Amendment may be executed by electronic signature as
10 provided in this section.
11 a. An "electronic signature" means any symbol or process intended by an individual
12 signing this Amendment to represent their signature, including but not limited to (1) a
13 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
14 electronically scanned and transmitted (for example by PDF document) version of an
15 original handwritten signature.
16 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
17 equivalent to a valid original handwritten signature of the person signing this
18 Amendment for all purposes, including but not limited to evidentiary proof in any
19 administrative or judicial proceeding, and (2) has the same force and effect as the
20 valid original handwritten signature of that person.
21 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
22 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
23 2, Title 2.5, beginning with section 1633.1).
24 d. Each party using a digital signature represents that it has undertaken and satisfied
25 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
26 through (5), and agrees that each other party may rely upon that representation.
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I e. This Amendment is not conditioned upon the parties conducting the transactions
2 under it by electronic means and either party may sign this Amendment with an
3 original handwritten signature.
4 6. This Amendment may be signed in counterparts, each of which is an original, and all of
5 which together constitute this Amendment.
6 7. The Agreement as previously amended and as amended by this Amendment No. 2 is
7 ratified and continued. All provisions of the Agreement as previously amended and not
8 amended by this Amendment No. 2 remain in full force and effect.
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1 The parties are signing this Amendment No. 2 on the date stated in the introductory
2 clause.
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Bernice Lira COUNTY OF FRESNO PURCHASING
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6 Bernice Lira, Campground Host Purchasing Manager
7 15901 N Friant RD #B, Date: 2/8/23
Friant, CA 93626
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For accounting use only:
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Org No.: 7910
10 Account No.: 7295
Fund No.: 0001
11 Subclass No.: 10000
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