HomeMy WebLinkAbout27902CONTRACT INFORMATION SHEET
DATE: 5/20/15
Contract No.:
Contract Title:
Contract Period:
Using Agencies:
Terms:
Total Contract
Amt.:
Buyer Name:
P-15-194-L
Campground Host at Lost
Lake Park
5/20/2015 -5/19/2018
PW-Parks
$2700.00
Carolyn Flores
Vendor Number: 0000278289
Name/Address:
Josh Tainter
3125 Clover
Fresno, CA 93725
Representative: Josh Tainter
Phone No.:
Email:
Requisition No: 9101500221 -----------------------Org: ~7_91~0 ______________________________ _
Supersedes:
[!]NEW
[!] TICKDATE
'-----'~ RENEWAL '------'~ ADJUSTMENT
4/1/18
DESCRIPTION: Campground host at Lost Lake Park $75 per month for electrical utilities
SPECIAL INSTRUCTIONS:
DISTRIBUTION: Completed By: Date:
DEPARTMENT: _Pu_b_lic_W_o_rk_s ------X-----
REQUISITIONER: _D_av_id_C_ha_ve_z -------X ___ _
'-----'~ REFERENCE
Completed By: Date
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COUNTY OF FRESNO
Fresno, California
P---\S--l <ic..t-L
AGREEMENT ~
THIS AGREEMENT made and entered into thisJb day of fil&..-0 2015
by and between the COUNTY OF FRESNO, a political subdivision of the State of
California, hereinafter "COUNTY", and Josh Tainter, 3125 Clover, CA 93725,
Telephone (559) 259-1879, hereinafter "HOST".
WITNESSETH:
WHEREAS, COUNTY has need for persons to act as volunteer campground
hosts in County parks; and
WHEREAS, HOST has agreed to serve in that capacity.
NOW, THEREFORE, the parties hereto agree as follows:
1. COUNTY agrees to allow HOST to occupy a space at Lost Lake Park in one
existing campsite for HOST motor-home/RV.
2. Utilities to the HOST campsite must be arranged and paid
for by HOST after receiving COUNTY'S permission for the utilities to be provided.
HOST shall be responsible for paying all monthly utility charges. The COUNTY shall
reimburse HOST for monthly electrical utility charges paid, equal to actual cost or
Seventy-Five Dollars ($75.00), whichever is less. HOST shall be responsible for
payment of that portion of monthly HOST electric bills that exceed Seventy-Five
Dollars ($75.00). The HOST shall submit a copy of the HOST monthly electric utility
charges within ten (1 0) days of receipt to the COUNTY for reimbursement.
3. During the term of this AGREEMENT, HOST agrees that
campsite will be occupied at least thirty (30) hours per week.
4. HOST shall owe COUNTY no monetary compensation for
the campsite.
5. HOST shall perform a minimum of twenty (20) hours of
Volunteer work per week in the County's park, ten ( 1 0) of which shall be between
Friday, 12:00 P.M. and Sunday 12:00 P.M. As part of such work HOST shall perform
ministerial tasks as requested by the COUNTY'S Parks Services Supervisor. Tasks
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COUNTY OF FRESNO
Fresno, California
may include, but are not limited to fee collection, litter pick-up, advising visitors of
campground rules and restroom stocking.
6. HOST will be responsible to immediately report any
conduct which HOST deems to be improper in the park to either the Fresno County
Sheriff at (559) 600-3111 or to County Parks and Grounds officials at (559) 600-3004.
In no event shall HOST confront the individuals who appear to be conducting
themselves improperly. HOST'S sole responsibility is to report such acts to the Sheriff
or Parks and Grounds officials. While on duty performing volunteer work on the
County's behalf, HOST shall wear a COUNTY furnished identification badge.
7. In the performance of the services herein provided for, HOST is not an
agent or employee of the COUNTY, but a volunteer and is to receive
no monetary consideration under this AGREEMENT, except as provided in paragraph
2, above.
a. This AGREEMENT does not constitute a contract of employment, but
Rather a mutual acceptance of the terms under which HOST is authorized to locate
his or her motor home/RV on specified COUNTY premises. HOST is hereby declared
to be a volunteer, subject to the same policy provisions as any volunteer. The
COUNTY has not adopted a resolution declaring volunteers to be employees for
Workers' Compensation purposes pursuant to Labor Code Section 3363.5.
b. During the term of this AGREEMENT, HOST shall
maintain in force a policy of automobile liability insurance with limits of at least Fifteen
Thousand Dollars ($15,000) per person and Thirty Thousand Dollars ($30,000) per
accident, and Five Thousand Dollar ($5,000) property damage.
8. HOST shall hold harmless the COUNTY, its officers,
agents and Employees from and against the payment of any and all costs and
expenses, claims, suits and liability for bodily and personal injury or injury or loss of
any property resulting from or arising out of conditions on COUNTY park property.
HOST agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend
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COUNTY OF FRESNO
Fresno, California
the COUNTY, its officers, agents, and employees from any and all costs and
expenses, damages, liabilities, claims, and losses occurring or resulting to COUNTY in
connection with the performance, or failure to perform, by HOST, his/her officers,
agents or employees under this AGREEMENT, and from any and all costs and
expenses, damages, liabilities, claims, and losses occurring or resulting to any person,
firm, corporation, or any personal or real property who/that may be injured or damaged
by the performance, or failure to perform, of HOST, his/her officers, agents or
employees under this AGREEMENT.
9. HOST shall be authorized to have no more than two dogs
and/or one cat and such animals shall at all times be leashed or kept under the control
of HOST so as not to constitute a nuisance to the users of the park. Other kinds of
animals may be kept as pets by HOST only with written consent of the COUNTY
Resources Manager or Designee.
10. The term of this AGREEMENT shall commence upon execution and shall
terminate three (3) years after execution by the COUNTY.
a. COUNTY may terminate this AGREEMENT by giving
HOST ten (10) days written notice to vacate the park by U.S. Mail, postage prepaid, to
the address above. HOST must remove all of HOST'S property from the park within
ten ( 1 0) days of the date of said notice. The HOST shall be obligated to pay the
COUNTY rent at the rate of Thirty ($30) Dollars per day for each day that his/her
motor home/RV remains upon the property after the date he/she is required to vacate
the premises.
b. HOST may terminate this AGREEMENT and
remove the motor home/RV from the County park at any time but shall give the
COUNTY written notification of HOST'S leaving by U.S. Mail, postage prepaid,
addressed as follows:
Fresno County Parks, Resources Manager
2220 Tulare Street, 6th Floor
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COUNTY OF FRESNO
Fresno, California
Fresno, California 93721
11. At all times during the term of this AGREEMENT, HOST
Shall abide by all laws and ordinances, including those governing conduct in County
parks, and shall not litter or deface any park property in any manner. HOST shall be
responsible for all costs of repairing damage to COUNTY property caused by HOST.
12. Any changes to this AGREEMENT requested either by the COUNTY or
HOST may only be affected if mutually agreed upon in writing by duly
authorized representatives of the parties hereto.
13. Neither the COUNTY nor the HOST may assign, transfer,
or subcontract their obligations under this AGREEMENT or any rights hereunder
without the prior written consent of the other party.
14. GOVERNING LAW: Venue for any action arising out of or related to this
AGREEMENT shall only be in Fresno County, California. The rights and obligations of
the parties and all interpretation and performance of this AGREEMENT shall be
governed in all respects by the laws of the State of California.
15. ENTIRE AGREEMENT: This AGREEMENT constitutes the entire
AGREEMENT between the HOST and COUNTY with respect to the subject matter
hereof and supersedes all previous AGREEMENT negotiations, proposals,
commitments, writings, advertisements, publications, and understanding of any nature
whatsoever unless expressly included in this AGREEMENT.
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1 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT
2 as of the day and year first hereinabove written.
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#i9J18ture)
.:Jzvtc
Print Name
(Signature)
11 Print Name
12 ?(25~ M CLOJf/~
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COUNTY OF FRESNO
Fresno, California
Mailing Address
FOR ACCOUNTING USE ONLY:
FUND NO. 0001
ORG NO. 7910
ACCOUNT NO. 7400
SUBCLASS NO. 10000
PROGRAM NO. 0
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Josh Tainter 4.29.15.doc
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