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HomeMy WebLinkAboutCampground Host Agreement Elizabeth Garcia signed.pdf I AGREEMENT 2 THIS AGREEMENT made and entered into this 3 day of April 3 20 25 by and between the COUNTY OF FRESNO, a political subdivision of the State of 4 California, hereinafter "County," and Elizabeth Garcia 7322 Backer Ave 5 Fresno CA 93720 , telephone 5( 59 930 - 1702 , 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 I 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. 23 24 25 26 27 28 /// I IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of 2 the day and year first hereinabove written. 3 4 CAMPGROUND HOST COUNTY OF FRESNO PURCHASING 5 Elizabeth Garcia Riley Blackburn Date: ned by 6:24-kbum Date:2025.05.16 11:46:24-07'00' 6 (Signat j Purchasing Manager 7 DATE: 8 Print Name 10 (Signature) 11 12 Print Name 13 7322 Backer Ave, Fresno, CA 93720 14 Mailing Address 15 16 17 18 19 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 26 27 28