HomeMy WebLinkAbout05.S- Parks, Recreation & Community Services RESOLUTION (ID #3015) DOC ID: 3015 B
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Mickey Valdivia M/CC Meeting Date: 04/07/2014
Prepared by: Glenda Robinson, (909) 384-
5233
Dept: Parks, Recreation&Community Ward(s): All
Services
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
City Manager to Execute a Volunteer Services Agreement Between the City of San Bernardino
and New Hope Missionary Baptist Church to Participate in the New Hope Summer Youth
Program. (#3015)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: No Financial Impact
Account No. No Financial Impact
Account Description: No Financial Impact
Balance as o£ No Financial Impact
Balance after approval of this item: No Financial Impact
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
6-5-2000 -Mayor and Common Council authorized the City Manager to execute An agreement
with the Management and Training Corporation, Inland Empire Job Corps Center
and its Corps members relating to training internship work experience for students.
Backeround•
Over the past five years, the City of San Bernardino Parks, Recreation and Community Services
Department ("Department") has partnered with New Hope Missionary Baptist Church ("New
Hope") to provide internships for teen participants. The teen participants are assigned to various
senior centers, community centers, and parks throughout the City. Through the internship, teen
participants acquire work readiness skills and work experience in exchange for subsidized labor.
Throughout the years, the Department has benefited greatly from the youth (ages 15 to 18 years
old)placed at our various facilities and parks. In exchange for receiving the additional labor, the
Department agreed to provide supervised, meaningful, adequate work; and tools/equipment to
perform the job. This partnership has been key to ensuring the continuation of summer
programming for our City residents.
Updated: 3/31/2014 by Jolena E.Grider B Packet Pg.253
3015
Due to the Department's many budget cuts, it is essential that the Department identify and secure
outside resources (such as New Hope's Summer Youth Employment Program) to assist with
n providing and continuing essential community services. It is important that the Mayor and
Common Council maximize the Department's resources, by approving these efforts and
authorize the City Manager to execute agreement.
City Attorney Review:
Supporting Documents:
reso 3015 (PDF)
agrmt 3015 (PDF)
j Letter Soliciting Employers 2014 (DOCX)
Dress Code 2014 (DOCX)
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Updated: 3/31/2014 by Jolena E. Grider B
Packet Pg. 254
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Spa ALL.
1 RESOLUTION NO.
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.
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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 20
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8 Agreement between the City of San Bernardino and New Hope Missionary Baptist Church to s
participate in the New Hope Summer Youth Program, attached hereto as Exhibit "A" and >-
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10 incorporated herein. E
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SECTION 2. This authorization shall expire and be deemed void and of no further �
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effect if the agreement is not executed by both parties and returned to the Office of the City N
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Clerk within sixty (60) days following the effective date of the resolution. a
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1
Q I 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 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof, held on the
6 day of , 2014,by the following vote,to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT rn
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8 MARQUEZ s
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BARRIOS
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VALDIVIA E
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Georgeann Hanna, City Clerk M
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19 The foregoing resolution is hereby approved this day of , 2014.
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22 R. CAREY DAVIS, Mayor
City of San Bernardino
23 Approved as to form:
24 GARY D. SAENZ, City Attorney
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VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH
THIS AGREEMENT is made and entered into this day of , 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
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B. WHEREAS, the CITY requires volunteers to provide critical services to the
residents of the City of San Bernardino; and o
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions E
contained herein,the parties hereby agree as follows: E
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1.0. SERVICES
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1.1. Scope of Services. NEW HOPE shall provide the volunteer services described in N
the Scope of Volunteer Services attached hereto as Exhibit "A" and incorporated herein by this d
reference. CITY shall provide the services described in the Scope of Volunteer Services attached o
hereto as Exhibit "A" and incorporated herein by this reference. If a conflict arises between the 3
Scope of Volunteer Services and this Volunteer Services Agreement (hereinafter "Agreement"), Z
the terms of the Agreement shall govern.
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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, o
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 E
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 c
against all claims, demands,payments, suits, actions,proceedings, and judgments of every nature E
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 a
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
Packet Pg.257
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.
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2.0. TERM AND NOTIFICATION.
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2.1. Term. This Agreement shall commence on the Effective Date and continue for a Z
period of six (6)months, unless the Agreement is previously terminated as provided for herein. 0
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2.2 Termination. CITY or NEW HOPE may terminate the services provided under E
Section 1.1 of this Agreement effective upon written notice to the other party for any reason. cn
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3.0. GENERAL PROVISIONS g
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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 3
in interest at the time of such modification. The terms of this Agreement shall prevail over any Z
inconsistent provision in any other contract document appurtenant hereto, including exhibits to LO
this Agreement.
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VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NEW HOPE MISSIONARY BAPTIST CHURCH
Packet?g.258
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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 17a' Street City of San Bernardino
San Bernardino, CA 9241 t Parks Recreation & Community Services o
Phone: (909)887-2526 Department a
201 North"E" Street, Suite 301 —3`d Floor
San Bernardino, CA 92401 0
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3.3. Attorneys' Fees: In the event that litigation is brought by any party in connection E
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all E
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the n
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 2
members of his office in enforcing this contract on behalf of the CITY shall be considered as N
"attorneys' fees" for the purposes of this Agreement.
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3.4. Governing Law. This Agreement shall be governed by and construed under the =
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laws of the State of California without giving effect to that body of laws pertaining to conflict of z
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto LO
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San o
Bernardino County, California.
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3.5. Assignment: NEW HOPE shall not voluntarily or by operation of law assign, M
transfer, sublet or encumber all or any part of NEW HOPE's interest in this Agreement without E
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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 E
of NEW HOPE's obligation to perform all other obligations to be performed by NEW HOPE
hereunder for the term of this Agreement. .2
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
Packet Pg.259
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 E
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 a
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', o
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. E
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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 g
this Agreement, and (2) prohibits such persons from making or participating in making decisions N
that will have a foreseeable financial affect on such interest.
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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
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3.9. No Third Party Beneficiga Rights. This Agreement is entered into for the sole o
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 r
Agreement. M
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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 E
this Agreement.
3.11. Amendments. Only writing executed b all of the Q
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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
f VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NEW HOPE MISSIONARY BAPTIST CHURCH
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Packet Pg. 260
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 o
of which shall be deemed an original. All counterparts shall be construed together and shall a`
constitute one agreement. _
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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 E
that by doing so, the parties hereto are formally bound to the provisions of this Agreement.
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3.16 Intellectual Propert y. 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, c
becomes the immediate property of the CITY. n
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VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NEW HOPE MISSIONARY BAPTIST CHURCH
Packet Pg.261
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:
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Allen Parker, Marvin Williams,
City Manager Chairman,Board of Trustees o
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DATE: E
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APPROVED AS TO FORM:
Crystal B. Daniels, g
GARY D. SAENZ, Summer Youth Director y
City Attorney
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VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NEW HOPE MISSIONARY BAPTIST CHURCH
Packet Pg.262
NEW HOPE MISSIONARY BAPTIST CHURCH
1575 WEST 17T"STREET
SAN BERNARDINO,CALIFORNIA 92411
TELEPHONE: (909) 887-2526 • FAX: (909)887-5406
ROBERTL. FAIRLEY, B.A., M.DIV., 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
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EXHIBIT A M,
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SCOPE OF VOLUNTEER WORK 0.
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New Hope Missionary Summer Youth Program
City of San Bernardino Parks, Recreation & Community Services Department
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San Bernardino Parks,Recreation and Community Services Department will provide: in
• 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. g
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• Be responsible for the general daily administrative direction and supervision of the youth
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• Site Supervisor will collect the necessary documentation for progress reports and evaluation.
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• Site Supervisor will sign the weekly timesheets to verify all hours worked at site.
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• Department accepts no liability for compensation, insurance or any other employment
issues. LO
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New Hope Summer Youth Program will provide:
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• All compensation, insurance, payroll taxes withholding, worker's compensation coverage f4
and all other benefits required by law.
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• Employee Information Sheet
• Telephone Contact List a
• Employee Time Cards
• Final Employee Evaluation
Packet Pg.263
NEW HOPE MISSIONARY BAPTIST CHURCH
1575 WEST 17TH STREET
SAN BERNARDINO,CALIFORNIA 92411
TELEPHONE: (909) 887-2526 • FAX: (909) 887-5406
RoBERTL. FAIRLEY, B.A., M.DIV., D. MIN, PAsToR
CHAIRMAN OF DEACONS CHURCH CLERK
Deacon Frank Bell Sis.Faye Jackson
CHAIRMAN OF TRUSTEES CHURCH SECRETARY
Sis.Marvin Williams Rev.Arnetta Carpenter
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March 11, 2014 N
Glenda Martin-Robinson c
Parks, Recreation& Community Services Department N
201-A North"E" Street, Suite 301
San Bernardino CA 92401 0
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The New Hope Missionary Baptist Church operates a non-sectarian program for youth between the Z
ages of fifteen (15) and eighteen (18). We are currently looking for employers who are willing to
provide supervision to an employee or employees for a total of twenty (20) hours per week. c
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The youth are hard working, willing to be trained, and go through a screening process. We provide
backup supervision of the employees and the youth will be there for approximately six (6) weeks. N
The salary is provided by New Hope Missionary Baptist Church. The youth are able to do work as
receptionists, clerical assistants, library pages, research assistants, maintenance workers, and many o
other positions. E
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If you would like further information on our program or if you are interested in hiring one or more c
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of our youth,please contact Crystal Daniels at(909) 887-2526.
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Yours in Christ
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Crystal B. Daniels, Coordinator
SUMMER YOUTH WORK PROGRAM Q
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New Hope Missionary Baptist Church
Summer Youth Work Program
Janie 16, 2014
General Policy
1. CELL PHONES ARE NOT ALLO WED
2. "Three instances of tardiness will be counted as one (1) absence.
3. Only three(3) sick days (NOT CONSECUTIVELY)will be allowed for the entire 6-week work
program. Your supervisor is depending on you to be there for the entire 6-weeks. o
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Dress Code a.
4. No gang related clothing or accessories can be worn.
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5. No handkerchiefs or do-rags worn or carried on the job site.
6. All apparel must have appropriate images and language. E
7. CLOTHING MUST COVER THE CHEST, STOMACH AND UNDERGARMENTS. n
8. ALL FACE PIERCINGS MUST BE REMOVED. o
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9. ABSOLUTELY NO SAGGING!!
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10. Shoes must be worn at all times. Footwear must be appropriate for your work site.
11.NO SANDALS, OPEN TOE SHOES, OR FLIP FLOPS are allowed. z
12. ALL VISIBLE TATTOOS MUST BE COVERED.
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Failure to adhere to the General or Dress Policy will result in a 1 day suspension without
pay. Additional or continued infractions will result in termination. N
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Zero-Tolerance Policy (IMMEDIATE TERMINATION FROM THE PROGRAM) 0
1. Possession, distribution,use or under the influence of: L
a. ILLEGAL OR NON-PRESCRIPTION DRUGS, o
b. TOBACCO c
C. ALCOHOL E
d. INSUBORDINATION WILL NOT BE TOLERATED
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2. Violent acts towards others: verbal and/or physical or sexual harassment. a
3. Destruction of Church or Client property.
4. PROFANITY will not be allowed.
I have read and fully understand the policies listed above. I agree to abide by them.
Please print name:
Signature: Date:
Packet Pg.265