HomeMy WebLinkAboutCampground Host Agreement_ Morales.pdf I AGREEMENT 1 St March
2 THIS AGREEMENT made and entered into this day of
3 20 25 by and between the COUNTY OF FRESNO, a political subdivision of the State of
4 California, hereinafter"County," and Chon Morales and Kimberly Morales P.O. Box 4071
5 Clovis CA 93613 , telephone (559 ) 691 - 8516 , hereinafter
6 "Campground Host."
7 WITNESSETH:
8 WHEREAS, County has need for persons to act as volunteer campground hosts
9 in County parks, and
10 WHEREAS, Campground Host has agreed to serve in that capacity.
11 NOW, THEREFORE, the parties hereto agree as follows:
12 1. County agrees to allow Campground Host to occupy a space at
13 Lost Lake Park in one existing campsite for Campground Host motorhome/RV.
14 2. Utilities to the Campground Host campsite must be arranged and paid for
15 by Campground Host after receiving County's permission for the utilities to be provided.
16 Campground Host shall be responsible for paying all monthly utility charges. The County shall
17 reimburse Campground Host for monthly electrical utility charges paid, equal to actual cost or
18 Seventy-Five Dollars ($75.00), whichever is less. Campground Host shall be responsible for
19 payment of that portion of monthly Campground Host electric bills that exceed Seventy-Five
20 Dollars ($75.00). The Campground Host shall submit a copy of the Campground Host monthly
21 electric utility charges within ten (10) days of receipt to the County for reimbursement.
22 3. During the term of this Agreement, Campground Host agrees that
23 campsite will be occupied at least thirty (30) hours per week.
24 4. Campground Host shall owe County no monetary compensation for the
25 campsite.
26 5. Campground Host shall perform a minimum of twenty (20) hours of
27 volunteer work per week in the County's park, ten (10) of which shall be between Friday 12:00
28 P.M. and Sunday 12:00 P.M. As part of such work Campground Host shall perform ministerial
1 tasks as requested by the County's Parks Services Supervisor. Tasks may include, but are not
2 limited to fee collection, litter pick-up, advising visitors of campground rules, and restroom
3 stocking.
4 6. Campground Host will be responsible to immediately report any conduct
5 which Campground Host deems to be improper in the park to either the Fresno County Sheriff
6 at (559) 600-3111 or to County Parks and Grounds officials at (559) 600-3004. In no event
7 shall Campground Host confront the individuals who appear to be conducting themselves
8 improperly. Campground Host's sole responsibility is to report such acts to the Sheriff or Parks
9 and Grounds officials. While on duty performing volunteer work on the County's behalf,
10 Campground Host shall wear a County furnished identification badge.
11 7. In the performance of the services herein provided for, Campground Host
12 is not an agent or employee of the County but a volunteer and is to receive no monetary
13 consideration under this Agreement, except as provided in paragraph 2, above.
14 a. This Agreement does not constitute a contract of employment, but
15 rather a mutual acceptance of the terms under which Campground Host is authorized to locate
16 his or her motorhome/RV on specified County premises. Campground Host is hereby declared
17 to be a volunteer, subject to the same policy provisions as any volunteer. Campground Host
18 shall be covered under County's Workers' Compensation Policy.
19 b. During the term of the Agreement, Campground Host shall maintain
20 in force a policy of automobile liability insurance with limits of at least One Hundred Thousand
21 Dollars ($100,000) per person and Three Hundred Thousand Dollars ($300,000) per accident,
22 and Fifty Thousand Dollar ($50,000) property damage.
23 c. Notice of Cancellation or Change. For each insurance policy
24 required under this Agreement, Campground Host shall provide to the County, or ensure that
25 the policy requires the insurer to provide to the County, written notice of any cancellation or
26 change in the policy as required in this paragraph. For cancellation of the policy for
27 nonpayment of premium, Campground Host shall, or shall cause the insurer to, provide written
28 notice to the County not less than ten (10) days in advance of cancellation. For cancellation of
1 the policy for any other reason, and for any other change to the policy, Campground Host
2 shall, or shall cause the insurer to, provide written notice to the County not less than thirty (30)
3 days in advance of cancellation or change. The County in its sole discretion may determine
4 that the failure of Campground Host or its insurer to timely provide a written notice required by
5 this paragraph is a breach of this Agreement.
6 d. Verification of Coverage. Prior to the Commencement of Services,
7 and at any time during the term of this Agreement as requested by County, Campground Host
8 shall deliver, or cause its broker or producer to deliver, to the County Resources Manager or
9 Designee, at 2220 Tulare Street, 6th Floor, Fresno, California 93721, or
10 parks@fresnocountyca.gov, and by mail or email to the person identified to receive notices
11 under this Agreement, certificates of insurance and endorsements for the insurance required
12 under this Agreement.
13 8. Indemnity. The Campground Host shall indemnify and hold harmless and
14 defend the County (including its officers, agents, employees, and volunteers) against all
15 claims, demands, injuries, damages, costs, expenses (including attorney fees and costs),
16 fines, penalties, and liabilities of any kind to the County, the Campground Host, or any third
17 party that arise from or relate to the performance of failure to perform by the Campground Host
18 (or any of its officers, agents, subcontractors, or employees) under this Agreement. The
19 County may conduct or participate in its own defense without affecting the Contractor's
20 obligation to indemnify and hold harmless or defend the County. This Article 8 survives the
21 termination of this Agreement.
22 9. Campground Host shall be authorized to have no more than two (2) dogs
23 and/or one cat and such animals shall at all times be leashed or kept under the control of
24 Campground Host so as not to constitute a nuisance to the users of the park. Other kinds of
25 animals may be kept as pets by Campground Host only with written consent of the County
26 Resources Manager or Designee.
27 10. The term of this Agreement shall commence upon execution and shall
28 terminate one (1) year after execution by the County.
1 a. Renewal. This agreement may be renewed for up to two (2) one (1)
2 year periods, based on the mutual written consent of all parties.
3 b. County may terminate this Agreement by giving Campground Host
4 ten (10) days written notice to vacate the park by U.S. Mail, postage prepaid, to the address
5 above. Campground Host must remove all of Campground Host's property from the park within
6 ten (10) days of the date of said notice. The Campground Host shall be obligated to pay the
7 County rent at the rate of Thirty Dollars ($30) per day for each day that his/her motorhome/RV
8 remains upon the property after the date he/she is required to vacate the premises.
9 c. Campground Host may terminate this Agreement and remove the
10 motorhome/RV from the County park at any time but shall give the County written notification
11 of Campground Host's leaving by U.S. Mail, postage prepaid, addressed as follows:
12 Fresno County parks, Resources Manager
13 2220 Tulare Street, 6th Floor
14 Fresno, CA 93721
15 11. At all times during the term of this Agreement, Campground Host shall
16 abide by all laws and ordinances, including those governing conduct in County parks, and shall
17 not litter or deface any park property in any manner. Campground Host shall be responsible for
18 all costs of repairing damage to County property caused by Campground Host.
19 12. Any changes to this Agreement requested either by the County or
20 Campground Host may only be effected if mutually agreed upon in writing by duly authorized
21 representatives of the parties hereto.
22 13. Neither the County nor the Campground Host may assign, transfer, or
23 subcontract their obligations under this Agreement or any rights hereunder without the prior
24 written consent of the other party.
25 14. Electronic Signatures. The parties agree that this Agreement may be
26 executed by electronic signature as provided in this section. An "electronic signature" means
27 any symbol or process intended by an individual signing this Agreement to represent their
28 signature, including but not limited to (1) a digital signature; (2) a faxed version of an original
1 handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF
2 document) of a handwritten signature. Each electronic signature affixed or attached to this
3 Agreement (1) is deemed equivalent to a valid original handwritten signature of the person
4 signing this Agreement for all purposes, including but not limited to evidentiary proof in any
5 administrative or judicial proceeding, and (2) has the same force and effect as the valid original
6 handwritten signature of that person. The provisions of this section satisfy the requirements of
7 Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil
8 Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital
9 signature represents that is has undertaken and satisfied the requirements of Government
10 Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other
11 party may rely upon that representation. This Agreement is not conditioned upon the parties
12 conducting the transactions under it by electronic means and either party may sign this
13 Agreement with an original handwritten signature.
14 15. Governing Law: Venue for any action arising out of or related to his
15 Agreement shall only be in Fresno County, California. The rights and obligations of the parties
16 and all interpretation and performance of this Agreement shall be governed in all respects by
17 the laws of the State of California.
18 16. Entire Agreement: This Agreement constitutes the entire Agreement
19 between the Campground Host and County with respect to the subject matter hereof and
20 supersedes all previous Agreement negotiations, proposals, commitments, writings,
21 advertisements, publications, and understanding of any nature whatsoever unless expressly
22 included in this Agreement.
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
2 the day and year first hereinabove written.
3
4 CAMPGR D HOST COUNTY OF FRESNO PURCHASING
5 �' Riley Blackburn Digitally signed by Riley Blackburn
Date:2025.04.08 14:42:14-07'00'
6 (Signature) Purchasing Manager
7 L 1nl'� DATE: 4/8/25
8 Print Name
9
10 (Signature)
11 12
12 Print Name
13 P.D, UI5 CA �r3�13-�ro71
14 Mailing Address
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20 FOR ACCOUNTING USE ONLY:
21 FUND NO. 0001
22 ORG NO. 7910
23 ACCOUNT NO. 7295
24 SUBCLASS NO. 10000
25 PROGRAM NO. 0
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