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HomeMy WebLinkAbout27904Contract No.: Contract Title: Contract Period: Using Agencies: Terms: Total Contract Amt.: Buyer Name: CONTRACT INFORMATION SHEET DATE: 5/21/2015 P-15-199-1 Vendor Number: #0000278298 Campground Host Name/Address: Denice Bowman 4508 E. Nevada Fresno, CA 93702 5/21/2015 -5/21/2018 Representative: David Chavez Parks & Grounds Phone No.: (559) 600-4308 Email: dchavez@co. fresno.ca. us $2,700 Nick Chin Requisition No: 9101500209 Org: _7_91_0 ______________________________ ___ Supersedes: 0NEW L~ RENEWAL ~----'~ ADJUSTMENT I :!-] TICK DATE ~---'~ REFERENCE (RFQ# I RFP#) DESCRIPTION: Campground Host for Winton Park-3 years@ $75 per month = $2,700. SPECIAL INSTRUCTIONS: DISTRIBUTION: Completed By: Date: Completed By: Date DEPARTMENT: REQUISITIONER: Rev 1/21!5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno, California AGREEMENT THIS AGREEMENT made and entered into this 2!.{-day of t~Jt~ 2015 ' by and between the COUNTY OF FRESNO, a political subdivision of the State of California, hereinafter "COUNTY", and Denice Chavez Bowman, 4508 E. Nevada, Fresno, CA 93702, 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 Winton 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 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 (1 0) 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, 61h Floor 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. Ill Ill Ill Ill Ill Ill Ill Ill 4 Filename: Camp Host Ageement Denice Chavez Bowman 4.24.15.doc Directory: C:\Users\dchavez\Documents Template: C:\Users\dchavez\AppData\Roaming\Microsoft\Te mplates\Normal.dotm Title: CARETAKER LEASE Subject: Author: wla8747 Keywords: Comments: Creation Date: 4/24/2015 11:32:00 AM Change Number: 3 Last Saved On: 4/24/2015 11:49:00 AM Last Saved By: Chavez, David J. Total Editing Time: 18 Minutes Last Printed On: 5/4/2015 8:33:00 AM As of Last Complete Printing Number of Pages: 5 Number of Words: 1,182 (approx.) Number of Characters: 6,743 (approx.) 1 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT 2 as of the day and year first hereinabove written. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (Signature) Print Name i--f'S o <:s [: /'v~ u £.tel t\./ . rRf··s 17 c J Mailing Address cl~)?O:~ FOR ACCOUNTING USE ONLY: FUND NO. 0001 ORG NO. 7910 ACCOUNT NO. 7400 SUBCLASS NO. 10000 PROGRAM NO. 0 Purchasifhg Manager ~ , DATE: 5/;A. l / i ~~~ G:\791 OParks&Grounds\Public\AGREEMENTS\Camp Host Agreements\Denice Chavez Bowman and Ron Cerda\Host Ageement 27 Denice Chavez Bowman 4.24.15.doc 28 COUNTY OF FRESNO Fresno, California 5