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HomeMy WebLinkAbout2014-084 1 RESOLUTION NO. 2014-84 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A 3 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN 4 BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH TO PARTICIPATE IN THE NEW HOPE SUMMER YOUTH PROGRAM. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The City Manager is authorized to execute a Volunteer Services 8 Agreement between the City of San Bernardino and New Hope Missionary Baptist Church to 9 participate in the New Hope Summer Youth Program, attached hereto as Exhibit "A" and 10 incorporated herein. 11 SECTION 2. This authorization shall expire and be deemed void and of no further 12 effect if the agreement is not executed by both parties and returned to the Office of the City 13 Clerk within sixty (60) days following the effective date of the resolution. 14 /// 15 /// 16 17 /// 18 /// 19 /7/ 20 /// 21 22 /// 23 /// 24 /// 25 //7 2014-84 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A 2 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH TO 3 PARTICIPATE IN THE NEW HOPE SUMMER YOUTH PROGRAM. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino atja int regular thereof, held on the 7th 6 day of April , 2014, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ x 9 BARRIOS x 10 VALDIVIA x 11 SHORETT x 12 NICKEL 13 14 JOHNSON x 15 MULVIHILL x 16 17 Georgeann Hanna, City Clerk 18 7-1 19 The foregoing resolution is hereby approved this day of April , 2014. 20 21 / L f 22 R. CARE DAVIS, Mayor City of San Bernardino 23 Approved as to form: 24 GARY D. SAENZ, City Attorney 25 B 0_A uI 2014-84 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH THIS AGREEMENT is made and entered into this 7th day of April , 2014 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and NEW HOPE MISSIONARY BAPTIST CHURCH, a religious organization("NEW HOPE"). WITNESSETH : A. WHEREAS, NEW HOPE operates a Summer Youth Program designed to assist youth in obtaining valuable work experience; and B. WHEREAS, the CITY requires volunteers to provide critical services to the residents of the City of San Bernardino; and NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES 1.1. Scope of Services. NEW HOPE shall provide the volunteer services described in the Scope of Volunteer Services attached hereto as Exhibit "A" and incorporated herein by this reference. CITY shall provide the services described in the Scope of Volunteer Services attached hereto as Exhibit "A" and incorporated herein by this reference. If a conflict arises between the Scope of Volunteer Services and this Volunteer Services Agreement (hereinafter "Agreement"), the terms of the Agreement shall govern. 1.2. Warranty. NEW HOPE warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to,those laws related to minimum hours and wages;occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. NEW HOPE shall indemnify and hold harmless CITY from and against all claims, demands, payments, suits, actions,proceedings, and judgments of every nature and description including reasonable attorneys' fees and costs, presented, brought, or recovered against CITY for, or on account of any liability under any of the above-mentioned laws, arising from or related to NEW HOPE's performance under this Agreement. 1.3. Non-discrimination. In performing this Agreement,NEW HOPE shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation. Page 1 of 6 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH 2014-84 1.4. Non-Exclusive Agreement. NEW HOPE acknowledges that CITY may enter into agreements with other organizations for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.5. Conflicts of Interest. During the term of this Agreement,NEW HOPE shall at all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the CITY. 2.0. TERM AND NOTIFICATION. 2.1. Term. This Agreement shall commence on the Effective Date and continue for a period of six (6) months, unless the Agreement is previously terminated as provided for herein. 2.2 Termination. CITY or NEW HOPE may terminate the services provided under Section 1.1 of this Agreement effective upon written notice to the other party for any reason. 3.0. GENERAL PROVISIONS 3.1. Entire Agreement: This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing,and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. /// /// /// /// /// /// /// Page 2 of 6 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH 2014-84 3.2. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery,facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO NEW HOPE: IF TO CITY: Marvin Williams Mickey Valdivia, Director 1575 West 17th Street City of San Bernardino San Bernardino, CA 92411 Parks Recreation & Community Services Phone: (909)887-2526 Department 201 North"E" Street, Suite 301 —3r1 Floor San Bernardino, CA 92401 3.3. Attorneys' Fees: In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this Agreement. 3.4. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 3.5. Assignment: NEW HOPE shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of NEW HOPE's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release NEW HOPE of NEW HOPE's obligation to perform all other obligations to be performed by NEW HOPE hereunder for the term of this Agreement. 3.6. Indemnification and Hold Harmless. NEW HOPE shall protect, defend, indemnify and hold harmless CITY and its elected and appointed officials, boards, commissions, officers, attorneys, agents and employees from any and all claims, losses, demands, suits, administrative actions, penalties, liabilities and expenses, including reasonable attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature Page 3 of 6 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH 2014-84 including, but not limited to, all civil claims or workers' compensation claims arising from or in any way related to NEW HOPE's performance under this Agreement, except when caused solely by the CITY's negligence. 3.7. Independent Contractor. NEW HOPE, at all times while performing under this Agreement, is and shall be acting at all times as an independent contractor and not as an agent or employee of CITY. NEW HOPE shall secure, at its expense, and be responsible for any and all payment of wages, benefits and taxes including, but not limited to, Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for NEW HOPE and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Neither NEW HOPE nor its officers, agents and employees shall be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be entitled to workers' compensation insurance, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing or social security on account of NEW HOPE and its officers', agents' and employees' work for the CITY. This Agreement does not create the relationship of agent, servant, employee partnership or joint venture between the CITY and NEW HOPE. 3.8 Conflict of Interest Disclosure:NEW HOPE or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interests that may be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will have a foreseeable financial affect on such interest. NEW HOPE shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by CITY. 3.9. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of CITY and NEW HOPE and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 3.10. Headings Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 3.11. Amendments. Only a writing executed by all of the parties hereto or their respective successors and assigns may amend this Agreement. 3.12. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Page 4 of 6 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH 2014-84 Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 3.13. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 3.14. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 3.15. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. 3.16 Intellectual Property. The parties agree that all plans, designs, models, manuals, methods and other materials developed on behalf of the CITY, during the term of this agreement, becomes the immediate property of the CITY. /// /// /// /// /// /// /// /// HI Page 5 of 6 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH 2014-84 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, NEW HOPE A Municipal Corporation DATE: DATE: Allen Parker, Marvin Williams, City Manager Chairman, Board of Trustees DATE: APPROVED AS TO FORM: Crystal B. Daniels, GARY D. SAENZ, Summer Youth Director City Attorney By: 1u1 ( _1L-t-C Cfb--T Page 6 of 6 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH 2014-84 NEW HOPE MISSIONARY BAPTIST CHURCH 1575 WEST 17TH STREET SAN BERNARDINO,CALIFORNIA 92411 TELEPHONE: (909)887-2526 • FAX: (909)887-5406 ROBERT L. FAIRLEY, B.A., MDIV., D. MIN, PASTOR CHAIRMAN OF DEACONS CHURCH CLERK Deacon Frank Bell Sis.Faye Jackson CHAIRMAN OF TRUSTEES CHURCH SECRETARY Bro.Marvin Williams Rev. Arnetta Carpenter EXHIBIT A SCOPE OF VOLUNTEER WORK New Hope Missionary Summer Youth Program City of San Bernardino Parks, Recreation & Community Services Department San Bernardino Parks, Recreation and Community Services Department will provide: • Provide a learning work experience for students participating in the New Hope Summer Youth Program for a six (6) week period beginning June 16, 2014 through July 25, 2014. • Be responsible for the general daily administrative direction and supervision of the youth participants. • Site Supervisor will collect the necessary documentation for progress reports and evaluation. • Site Supervisor will sign the weekly timesheets to verify all hours worked at site. • Department accepts no liability for compensation, insurance or any other employment issues. New Hope Summer Youth Program will provide: • All compensation, insurance, payroll taxes withholding, worker's compensation coverage and all other benefits required by law. • Employee Information Sheet • Telephone Contact List • Employee Time Cards • Final Employee Evaluation 2014-84 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH THIS AGREEMENT is made and entered into this 7th day of April , 2014 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and NEW HOPE MISSIONARY BAPTIST CHURCH, a religious organization("NEW HOPE"). WITNESSETH : A. WHEREAS, NEW HOPE operates a Summer Youth Program designed to assist youth in obtaining valuable work experience; and B. WHEREAS, the CITY requires volunteers to provide critical services to the residents of the City of San Bernardino; and NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES 1.1. Scope of Services. NEW HOPE shall provide the volunteer services described in the Scope of Volunteer Services attached hereto as Exhibit "A" and incorporated herein by this reference. CITY shall provide the services described in the Scope of Volunteer Services attached hereto as Exhibit "A" and incorporated herein by this reference. If a conflict arises between the Scope of Volunteer Services and this Volunteer Services Agreement (hereinafter "Agreement"), the terms of the Agreement shall govern. 1.2. Warranty. NEW HOPE warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to,those laws related to minimum hours and wages;occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. NEW HOPE shall indemnify and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including reasonable attorneys' fees and costs, presented, brought, or recovered against CITY for, or on account of any liability under any of the above-mentioned laws, arising from or related to NEW HOPE's performance under this Agreement. 1.3. Non-discrimination. In performing this Agreement,NEW HOPE shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation. Page 1 of 6 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH 1.4. Non-Exclusive Agreement. NEW HOPE acknowledges that CITY may enter into agreements with other organizations for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.5. Conflicts of Interest. During the term of this Agreement, NEW HOPE shall at all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the CITY. 2.0. TERM AND NOTIFICATION. 2.1. Term. This Agreement shall commence on the Effective Date and continue for a period of six (6)weeks,unless the Agreement is previously terminated as provided for herein. 2.2 Termination. CITY or NEW HOPE may terminate the services provided under Section 1.1 of this Agreement effective upon written notice to the other party for any reason. 3.0. GENERAL PROVISIONS 3.1. Entire Agreement: This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing,and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. //I Page 2 of 6 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH • 2014-84 3.2. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery,facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO NEW HOPE: IF TO CITY: Marvin Williams Mickey Valdivia, Director 1575 West 17th Street City of San Bernardino San Bernardino, CA 92411 Parks Recreation & Community Services Phone: (909)887-2526 Department 201 North"E" Street, Suite 301 —3rd Floor San Bernardino, CA 92401 3.3. Attorneys' Fees: In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this Agreement. 3.4. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 3.5. Assignment: NEW HOPE shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of NEW HOPE's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release NEW HOPE of NEW HOPE's obligation to perform all other obligations to be performed by NEW HOPE hereunder for the term of this Agreement. 3.6. Indemnification and Hold Harmless. NEW HOPE shall protect, defend, indemnify and hold harmless CITY and its elected and appointed officials, boards, commissions, officers, attorneys, agents and employees from any and all claims, losses, demands, suits, administrative actions, penalties, liabilities and expenses, including reasonable attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature Page 3 of 6 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH 2014-84 including, but not limited to, all civil claims or workers' compensation claims arising from or in any way related to NEW HOPE's performance under this Agreement, except when caused solely by the CITY's negligence. 3.7. Independent Contractor. NEW HOPE, at all times while performing under this Agreement, is and shall be acting at all times as an independent contractor and not as an agent or employee of CITY. NEW HOPE shall secure, at its expense, and be responsible for any and all payment of wages, benefits and taxes including, but not limited to, Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for NEW HOPE and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Neither NEW HOPE nor its officers, agents and employees shall be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be entitled to workers' compensation insurance, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing or social security on account of NEW HOPE and its officers', agents' and employees' work for the CITY. This Agreement does not create the relationship of agent, servant, employee partnership or joint venture between the CITY and NEW HOPE. 3.8 Conflict of Interest Disclosure:NEW HOPE or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interests that may be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will have a foreseeable financial affect on such interest. NEW HOPE shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by CITY. 3.9. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of CITY and NEW HOPE and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 3.10. Headings Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 3.11. Amendments. Only a writing executed by all of the parties hereto or their respective successors and assigns may amend this Agreement. 3.12. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Page 4 of 6 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH ' 2014-84 Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 3.13. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 3.14. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 3.15. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. 3.16 Intellectual Property. The parties agree that all plans, designs, models, manuals, methods and other materials developed on behalf of the CITY, during the term of this agreement, becomes the immediate property of the CITY. /// /// /// /// /// /// /// /// /// /// Page 5 of 6 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH 2014-84 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, NEW HOPE A Municipal Corporation DATE: 100/57 D• TE: "' 0// ' / di6ed-- --,)1-2-----7 Allen P., er, Marvin Williams, City Manager Chairman, Board of Trustees DATE: 4//24//20!S/ APPROVED AS TO FORM: ..ii=.. _i ' iys B. Daniels, GARY D. SAENZ, Summer Youth Director City Attorney By: CA---t-Cdb—r- Page 6 of 6 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH ` r 2014-84 NEW HOPE MISSIONARY BAPTIST CHURCH 1575 WEST 17TH STREET SAN BERNARDINO,CALIFORNIA 92411 TELEPHONE: (909) 887-2526 • FAX: (909)887-5406 ROBERT L. FAIRLEY, B.A., MDIV., D. MIN, PASTOR CHAIRMAN OF DEACONS CHURCH CLERK Deacon Frank Bell Sis.Faye Jackson CHAIRMAN OF TRUSTEES CHURCH SECRETARY Bro.Marvin Williams Rev.Arnetta Carpenter EXHIBIT A SCOPE OF VOLUNTEER WORK New Hope Missionary Summer Youth Program City of San Bernardino Parks, Recreation & Community Services Department San Bernardino Parks,Recreation and Community Services Department will provide: • Provide a learning work experience for students participating in the New Hope Summer Youth Program for a six (6) week period beginning June 16, 2014 through July 25, 2014. • Be responsible for the general daily administrative direction and supervision of the youth participants. • Site Supervisor will collect the necessary documentation for progress reports and evaluation. • Site Supervisor will sign the weekly timesheets to verify all hours worked at site. • Department accepts no liability for compensation, insurance or any other employment issues. New Hope Summer Youth Program will provide: • All compensation, insurance, payroll taxes withholding, worker's compensation coverage and all other benefits required by law. • Employee Information Sheet • Telephone Contact List • Employee Time Cards • Final Employee Evaluation