HomeMy WebLinkAboutAmendment No. 1 Phelps.pdf 1 AMENDMENT NO. 1 TO SERVICE AGREEMENT
2 This Amendment No. 1 to Service Agreement (D-24-200) is dated October 8, 2024
3 and is between Clyde Phelps, (Campground Host), and the County of Fresno, a political
4 subdivision of the State of California ("County").
5 Recitals
6 A. On April 23, 2024, the County and the Contractor entered into Campground Host
7 Agreement, which is County agreement number D-24-196 ("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 the fluctuating demands of Lost Lake Campground and a campground host
11 vacancy at Lost Lake Recreation Area, it has become necessary to move a Camp Host from
12 Kearney Park.
13 C. The County and the Campground Host now desire to amend the Agreement to update
14 the County Park location of Camp Host.
15 The parties therefore agree as follows:
16 1. Section 1 of the Agreement located at page 1, line 11 through 13 is deleted in its entirety
17 and replaced with the following:
18 "COUNTY agrees to allow CAMPGROUND HOST to occupy a space at Lost
19 Lake Recreation Area in one existing campsite for CAMPGROUND HOST motor-
20 home/RV."
21 2. When both parties have signed this Amendment No. 1, the Agreement and this
22 Amendment No. 1 together constitute the Agreement.
23 3. The Campground Host represents and warrants to the County that:
24 a. The Campground Host is duly authorized and empowered to sign and perform its
25 obligations under this Amendment.
26 b. The individual signing this Amendment on behalf of the Campground Host is duly
27 authorized to do so and his or her signature on this Amendment legally binds the
28 Campground Host to the terms of this Amendment.
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1 4. The parties agree that this Amendment may be executed by electronic signature as
2 provided in this section.
3 a. An "electronic signature" means any symbol or process intended by an individual
4 signing this Amendment to represent their signature, including but not limited to (1) a
5 digital signature; (2) a faxed version of an original handwritten signature; or (3)an
6 electronically scanned and transmitted (for example by PDF document) version of an
7 original handwritten signature.
8 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
9 equivalent to a valid original handwritten signature of the person signing this
10 Amendment for all purposes, including but not limited to evidentiary proof in any
11 administrative or judicial proceeding, and (2) has the same force and effect as the
12 valid original handwritten signature of that person.
13 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
14 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
15 2, Title 2.5, beginning with section 1633.1).
16 d. Each party using a digital signature represents that it has undertaken and satisfied
17 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
18 through (5), and agrees that each other party may rely upon that representation.
19 e. This Amendment is not conditioned upon the parties conducting the transactions
20 under it by electronic means and either party may sign this Amendment with an
21 original handwritten signature.
22 5. This Amendment may be signed in counterparts, each of which is an original, and all of
23 which together constitute this Amendment.
24 6. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
25 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
26 effect.
27 [SIGNATURE PAGE FOLLOWS]
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I The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause.
3
Clyde Phelps COUNTY OF FRESNO PURCHASING
�� Digitally signed by Riley
5 v i Riley Blackburn Blackburn
Date:2024.10.1114:33:15-07'00'
6 Clyde Ph'elp ,--C pground Host Purchasing Manager
7 7322 N Backer Ave. Date: 10-11-2024
Fresno, CA 93720
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9 For accounting use only:
10 Org No.:
Account No.:
11 Fund No.:
Subclass No.:
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