HomeMy WebLinkAboutAmendment No. 2 to Service Agreement_ Clyde Phelps_ Camphost Signed.pdf 1 AMENDMENT NO. 2 TO SERVICE AGREEMENT
2 This Amendment No. 2 to Service Agreement ("D-24-196") is dated
3 March 1 , 2025 and is between Clyde Phelps and Elizabeth Garcia ("Campground
4 Host"), and the County of Fresno, a political subdivision of the State of California ("County").
5 Recitals
6 A. On April 23, 2024, the County and the Campground Host 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. On October 8, 2024, the County and the Campground Host entered into Amendment No.
11 1 to Service Agreement to move the Campground Host from Kearney Park to Lost Lake
12 Recreation Area.
13 C. Due to a new cohabitant with the current Campground Host, it has become necessary to
14 add the new person to the agreement.
15 D. The County and the Campground Host now desire to amend the Agreement to update
16 the parties involved.
17 The parties therefore agree as follows:
18 1. Paragraph 1 of the Agreement as previously amended located at page 1, line 2 through
19 5 is deleted in its entirety and replaced with the following:
20 "THIS AGREEMENT made and entered into this 23rd day of April 2024 by and
21 between the County of Fresno, a political subdivision of the State of California,
22 hereinafter"County", and Clyde Phelps and Elizabeth Garcia, 7322 N Backer
23 Ave. Fresno, CA 93720, Telephone (559) 351-9765, hereinafter"Campground
24 Host"."
25 2. When both parties have signed this Amendment No. [2], the Agreement, Amendment
26 No. 1 and this Amendment No. 2 together constitute the Agreement.
27 3. The Campground Host represents and warrants to the County that:
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1 a. The Campground Host is duly authorized and empowered to sign and perform its
2 obligations under this Amendment.
3 b. The individual signing this Amendment on behalf of the Campground Host is duly
4 authorized to do so and his or her signature on this Amendment legally binds the
5 Campground Host to the terms of this Amendment.
6 4. The parties agree that this Amendment may be executed by electronic signature as
7 provided in this section.
8 a. An "electronic signature" means any symbol or process intended by an individual
9 signing this Amendment to represent their signature, including but not limited to (1) a
10 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
11 electronically scanned and transmitted (for example by PDF document) version of an
12 original handwritten signature.
13 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
14 equivalent to a valid original handwritten signature of the person signing this
15 Amendment for all purposes, including but not limited to evidentiary proof in any
16 administrative or judicial proceeding, and (2) has the same force and effect as the
17 valid original handwritten signature of that person.
18 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
19 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
20 2, Title 2.5, beginning with section 1633.1).
21 d. Each party using a digital signature represents that it has undertaken and satisfied
22 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
23 through (5), and agrees that each other party may rely upon that representation.
24 e. This Amendment is not conditioned upon the parties conducting the transactions
25 under it by electronic means and either party may sign this Amendment with an
26 original handwritten signature.
27 5. This Amendment may be signed in counterparts, each of which is an original, and all of
28 which together constitute this Amendment.
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1 6. The Agreement as previously amended and as amended by this Amendment No. 2 is
2 ratified and continued. All provisions of the Agreement as previously amended and not
3 amended by this Amendment No. 2 remain in full force and effect.
4 [SIGNATURE PAGE FOLLOWS]
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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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Clyde Phelps a d Eli eth Garcia COUNTY OF FRESNO PURCHASING
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I ; Riley Digitally signed by Riley
Blackburn
5 Blackburn Date:2025.04.09
13:56:03-07'00'
6 Clyde llbs, p rou ost Purchasing Manager
8 Eli abeth Garcia, Campground Host
9 7322 N Backer Ave.
Fresno, CA 93720
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11 For accounting use only:
12 Org No.: 7910
Account No.: 7295
13 Fund No.: 0001
Subclass No.: 10000
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