HomeMy WebLinkAbout05.I- Parks, Recreation & Community Services 5.1
RESOLUTION (ID # 4464) DOC ID: 4464 D
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement
From: Jim Tickemyer M/CC Meeting Date: 06/20/2016
Prepared by: Cynthia Alvarado, (909)
384-5332
Dept: Parks, Recreation & Community Ward(s): All
Services
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of a Volunteer Services Agreement Between the City of San Bernardino
and New Hope Missionary Baptist Church. (#4464)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: «$0»
Account No. <<NONE.>>
Account Description: <<N/A»
Balance as of: <<N/A»
Balance after approval of this item: <<N/A»
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:
7-6-15 Resolution 2015-141 - Mayor and Common Council authorized the City manager
to execute a Volunteer Agreement Services Agreement between the City of San
Bernardino and New Hope Missionary Baptist Church to participate in the New Hope
Summer Youth Program.
Background:
Over the past several 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 internship for teens. 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 various facilities and parks. In exchange for receiving the
additional labor, the Department agreed to provide supervised, meaningful, adequate
Updated: 6/13/2016 by Jolena E. Grider D I Packet Pg. 302
5.1
4464
work; and tools/equipment to perform the job. This partnership has been key to the
continuation of summer programming for our City residents.
Due to the Departments 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 providing and continuing essential community services. ALL
New Hope "Volunteers" will sign a a release hold harmless waiver prior to the start of
the assignment.
City Attorney Review:
Attachments
Supporting Documents:
New Hope Resolution 2016 (DOC)
agrmt 4464 (PDF)
New Hope Church Agreement Exhibit A (PDF)
NEW HOPE Summer Program Rules (PDF)
Waiver form- Exhibit "B" (DOC)
Updated: 6/13/2016 by Jolena E. Grider D Packet Pg. 303
51a
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VOLUNTEER
SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
4 NEW HOPE MISSIONARY BAPTIST CHURCH a
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE E
6 CITY OF SAN BERNARDINO AS FOLLOWS: N
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7 SECTION 1. That the City Manager of the City of San Bernardino is hereby
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authorized to execute a Volunteer Services Agreement between the City of San Bernardino N
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and New Hope Missionary Baptist Church, attached hereto as Exhibit "A" and incorporated m
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11 by reference herein as if fully set forth. 0
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12 SECTION 2. This authorization shall expire and be deemed void and of no further
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13 effect if the Agreement is not executed by both parties and returned to the Office of the City =
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Clerk within sixty(60) days following the effective date of this resolution.
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51a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VOLUNTEER
2 SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NEW HOPE MISSIONARY BAPTIST CHURCH
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor c
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5 and Common Council of the City of San Bernardino at a E
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6 meeting thereof, held on the day of 2016, by the following vote,
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to wit: s
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9 Council Members: AYES NAYS ABSTAIN ABSENT C
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10 MARQUEZ
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11 BARRIOS N
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14 SHORETT Z
15 NICKEL
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16 RICHARD M
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17 MULVIHILL >
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Georgeann Hanna, CMC, City Clerk o
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21 The foregoing Resolution is hereby approved this day of , 2016. d
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23 R. Carey Davis, Mayor (D
24 City of San Bernardino
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25 Approved as to form: _
26 Gary D. Saenz, City Attorney
27 By:
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Packet Pg. 305
Exhibit A
VOLUNTEER SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
NEW HOPE MISSIONARY BAPTIST CHURCH
This Volunteer Services Agreement (the "Agreement") is entered into this day of
June, 2016 ("Effective Date"), BY AND BETWEEN:
The City of San Bernardino, a Charter City organized under the laws of the State
of California, with an address of 300 N. °D" Street, San Bernardino, California _
(the "CITY")- E
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AND, a
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New Hope Missionary Baptist Church, a religious organization under the laws of E
the State of California and having its principal location of 1575 W. 17" Street, San cn
Bernardino CA 92411 ("NEW HOPE") (individually CITY and NEW HOPE may be
referred to as a "PARTY" and collectively CITY and NEW HOPE may be referred to as
the "PARTIES").
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WITNESSETH: M
WHEREAS, the Mayor and Common Council of CITY have determined that it is 0
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advantageous and in the best interest of the CITY to ensure volunteer opportunities for y
youth in the City of San Bernardino; and, d
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WHEREAS, NEW HOPE operates a Summer Youth Program designed to assist youth =
with obtaining valuable work experience.
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions 'Cr to
contained herein, the PARTIES hereby agree as follows: 7T-
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1, SCOPE OF SERVICES.
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CITY and NEW HOPE agree to perform those acts and provide those services as set
forth on Exhibit 'A" attached hereto and incorporated herein.
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2. WARRANTY AND RECORDS.
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2.1 Warranty. NEW HOPE warrants that it shall perform the services required a
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.
VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NEW HOPE MISSIONARY BAPTIST CHURCH
Page 1 of 8 _
Packet Pg.306
5.I.b
Exhibit A
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.
2.2 Additional Services. NEW HOPE shall not receive compensation for any
services provided outside the scope of services specified in this
Agreement unless the CITY, prior to NEW HOPE performing the additional E
services, approves such additional services in writing. It is superficially o
understood that oral requests and/or approvals of such additional services 0.
or additional compensation shall be barred and are unenforceable.
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2.3 Records and Audits. Records of NEW HOPE's services relating to this 3
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Agreement shall be maintained in accordance with generally recognized
accounting principles and shall be made available to CITY upon ;
reasonable notice. U
3. TERM; TERMINATION. o
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The term of this Agreement shall be from the Effective Date to July 30, 2016.
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This Agreement may be terminated at any time upon written notice by either PARTY for N
any reason, including convenience. The terms of this Agreement shall remain in force
unless mutually amended in writing. The duration of this Agreement may be extended o
with the written consent of both parties. _
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4. INDEMNITY.
NEW HOPE agrees to and shall indemnify and hold the CITY, its elected officials,
employees, agents, or representatives, free and harmless from all claims, actions,
damages and liabilities of any kind and nature arising from bodily injury, including death, 1
or property damage, based or asserted upon any actual or alleged act or omission of E
NEW HOPE, its employees, agents, or subcontractors, relating to or in any way
connected with the accomplishment of the work or performance of services under the
Agreement, unless the bodily injury or property damage was representative's. As part of
the foregoing indemnity, NEW HOPE agrees to protect and defend at its own expense,
including attorney's fees, the CITY, its elected officials, employees, agents or a
representative's from any and all legal actions based upon such actual or alleged acts
or omissions. NEW HOPE hereby waives any and all rights to any types of express or
implied indemnity against the CITY, its elected officials, employees, agents or
representative's, with respect to the third party claims against the NEW HOPE relating
to or in any way connected with the accomplishment of the work or performance of
services under this Agreement.
VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NEW HOPE MISSIONARY BAPTIST CHURCH
Page 2 of 8
Packet Pg. 307
Exhibit A
5. INSURANCE.
5.1 Minimum Scope and Limits of Insurance. NEW HOPE shall obtain and
maintain during the life of this Agreement worker's compensation
insurance as required by the State of California.
51 Certificates of Insurance. New Hope shall provide to CITY certificates of
insurance showing the insurance coverage described above, in a form and
content approved by CITY, prior to performing any service under this
Agreement.
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5.3 Non-Limiting. Nothing in this Section shall be constructed as limiting in any a
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way, the indemnification provision contained within this Agreement, or the
extent to which NEW HOPE may be held responsible for payments of E
damages to person or property.
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6. NON-DISCRIMINATION.
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In the performances of this Agreement and in the hiring and recruitment of employees, N
NEW HOPE shall not engage in, nor permit its officers, employees or agents to engage m
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, or any other status protected by law. s
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7. INDEPENDENT CONTRACTOR.
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NEW HOPE shall perform work tasks provided by this Agreement, but for all intents and 3
purposes NEW HOPE shall be an independent contractor and not an agent or z
employee of the CITY. NEW HOPE shall secure at its expense, and be responsible for
1 any and all payment of Income Tax, Social Security, State Disability Insurance
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{k Compensation, Unemployment Compensation, and other payroll deductions for NEW v
HOPE and its officers, agents, and employees and all business license, if any are
required, in connection with the services to be performed hereunder.
8. LICENSES AND OTHER REQUIREMENTS.
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NEW HOPE warrants that it possesses or shall obtain prior to execution of this E
Agreement, and maintain, any licenses, permits, qualifications, insurance and approval
of whatever nature that are legally required of NEW HOPE to practice its business or a
profession.
9. WAIVER FORMS
NEW HOPE agrees to have each participant sign the CITY's waiver form, as
attached as Exhibit "B" and attached hereto, prior to any volunteer beginning
work for the CITY.
VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NEW HOPE MISSIONARY BAPTIST CHURCH
Page 3 of 8
Packet Pg. 308
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Exhibit A
10. NOTICES.
Any notices, documents, correspondence, or other communication concerning this
Agreement or the services provided hereunder may be provided by personal delivery or
U.S. Mail. If personally delivered the notice shall be deemed delivered at the time of the
personal delivery. If sent by U.S. Mail the notice shall be deemed delivered forty-eight
(48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark.
TO THE CITY: TO THE NEW HOPE:
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Jim Tickemyer Marvin Williams o a`
201 N "E" Street, Suite 301 1575 W. 17th Street
San Bernardino, CA 92401 San Bernardino, CA 92411
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Either PARTY may change the address for delivery of notices by sending notice of the in
change to the other PARTY in conformity with this Section.
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11. ATTORNEYS' FEES. U
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In the event that litigation is brought by any PARTY in connection with this Agreement, m
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 M
exercise of any of its rights or remedies hereunder or the enforcement of any of the 0
terms, conditions or provisions hereof. The costs, salary and expenses of the City N
Attorney and members of his/her office in enforcing this Agreement on behalf of the
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CITY shall be considered as "attorneys' fees" for the purpose of this paragraph.
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12. ASSIGNMENT. z
NEW HOPE shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the NEW HOPE's interest in this Agreement without CITY's
prior written consent. Any attempted assignment, transfer, subletting or encumbrances
s shall be void and shall constitute a breach of this Agreement and cause for the
termination of this Agreement. Regardless of CITY's consent, no subletting or L_
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.
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13. VENUE.
` The parties hereto agree that all actions or proceedings arising in connection with the a
Agreement shall be tried and litigated either in the Superior Court of the State of
California for the County of San Bernardino or the United States District Court for the
Central District of California, Riverside Division, The aforementioned choice of venue is
intended by the parties to be mandatory and not permissive in nature.
10 iVOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NEW HOPE MISSIONARY BAPTIST CHURCH
Page 4 of 8
Packet Pg. 309
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5.I.b
Exhibit A
14. GOVERNING LAW.
This Agreement shall be governed and construed under the laws of the State of
California without giving effect to that body of laws pertaining to conflicting laws.
15. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and insure to the benefit of the PARTIES to this
Agreement and their respective heirs, representatives, successors, and assigns.
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16. HEADINGS. c
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The subject headings of the sections of this Agreement are included for the purpose of a)
convenience only and shall not affect the construction or the interpretation of any of its E
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provisions. Cn
17. SEVERABILITY. s
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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 offending m
provision in any other circumstances, and the remaining provisions of this Agreement
shall remain in full force and effect. g
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18. REMEDIES; WAIVER
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All remedies available to either PARTY for one or more breaches by the other PARTY 3
are and shall be deemed cumulative and may be exercised separately or concurrently z
without waiver of any other remedies.
The delay or failure of either PARTY to require performance or compliance of the other
of any of its obligations under this Agreement shall in no way be deemed a waiver of to
tthose rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless made in writing and signed by a duly E
authorized representative of the PARTY against whom it is sought. The waiver of any
right or remedy with respect to any occurrence or event shall not be deemed a waiver of
such right or remedy with respect to any future occurrences or events and shall not be
deemed a continuing waiver.
19. ENTIRE AGREEMENT. a
This Agreement constitutes the entire agreement and the understanding between the
PARTIES, and supersedes any prior agreements and understating relating to the
subject matter of this Agreement.
VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NEW HOPE MISSIONARY BAPTIST CHURCH
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Page 5 of 8
Packet Pg. 310
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Exhibit A
20. COUNTERPARTS.
This Agreement may be executed in counterparts, each of which shall be deemed to be
an original, but all of which, taken together, shall constitute one and the same
agreement. In the event that any signature is delivered by facsimile transmission. or by
e-mail delivery of a ".pdf" format data file, such signature shall create a valid and biding
obligation of the PARTY executing (or on whose behalf such signature is executed) with
the same force and effect as if such facsimile or ".pdf" signature page were an original
thereof.
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21. AMENDMENT. o
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No amendment to this Agreement will be effective unless it is in writing and signed by
both PARTIES. E
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22. CORPORATE AUTHORITY.
Each person executing this Agreement on behalf of the PARTIES hereto warrant that L)
they are duly authorized to execute this Agreement on behalf of said PARTIES and that A
by doing so, the PARTIES hereto are formally bound to the provisions of this m
Agreement.
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23. COMPLIANCE WITH LAW °-
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NEW HOPE agrees to abide by all federal, state, and local laws, ordinances and
regulations.
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24. FORCE MAJEURE. Z
A PARTY shall not be liable for any failure or delay in the performance of this
AGREEMENT for the period that such failure or delay is due to cause beyond its �-
reasonable control, including but not limited to acts of God, war, strikes, or labor
disputes, embargoes, governmental orders or any other force majeure event.
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25. ORDER OF PRECEDENCE.
In the event of any inconsistency or conflict in this AGREEMENT and any of the E
attachment Exhibits or Attachments, the terms set forth in this Agreement shall prevail.
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26. CONSTRUCTION.
The PARTIES have participated jointly in the negotiation and drafting of this
AGREEMENT. In the event of ambiguity or question of intent or interpretation arises
with respect to this AGREEMENT, this Agreement shall be constructed as if drafted
jointly by the PARTIES and in accordance with its fair meaning. There shall be no
VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NEW HOPE MISSIONARY BAPTIST CHURCH
Page 6 of 8
Packet Pg. 311
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5.I.b
Exhibit A
presumption or burden of proof favoring or disfavoring any Party by virtue of authorship
of any of the provisions of the Agreement.
[Signature Page Follows]
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1 VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NEW HOPE MISSIONARY BAPTIST CHURCH
Page 7 of 8
Packet Pg. 312
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Exhibit A
VOLUNTEER SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
NEW HOPE MISSIONARY BAPTIST CHURCH
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day E
and date set forth below. c
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Dated: , 2016 NEW HOPE MISSIONARY BAPTIST CHURCH E
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By:
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Dated: 2016 CITY OF SAN BERNARDINO
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By:
Mark Scott, City Manager c
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a APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
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VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NEW HOPE MISSIONARY BAPTIST CHURCH
Page 8 of 8
Packet Pg. 313
Exhibit
NEW HOPE MISSIONARY BAffIST CHURCH
1575 WEST 17 T11 STREET
SANBERNARDINO,CALIFORNIA 92411
TELEPHONE: (909)887-2526 FAX: (909)887-5406
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ROBERT L. F,4ipLEY, B.A., M.DIV, D. WN, PAsToR
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CHAIRMAN OF DEACONS CHURCH CLERK
Deacon Frank Bell Sis.Faye Jackson (D
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CHAIRNLAN OF TRUSTEES CHURCH SECRETARY n
Bro.Marvin Williams Rev. Arnetta Carpenter U)
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Volunteer Work Agreement between
New Hope Missionary Summer Youth Program
City of San Bernardino Parks,Recreation & Community Services Department
San Bernardino Parks-,Recreation and Community Services Department agrees to:
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• Provide a learning work experience for students participating in the New Hope Summer
Youth Program for a six(6)week period beginning June 16, 2016 through July 30,2016.
• Be responsible for the general daily administrative direction and supervision of the youth 0
participants.
• Site Supervisor will collect the necessary documentation for progress reports and evaluation. z
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• 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.
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New Hope Summer Youth Program agrees to provide: w
• All compensation, insurance, payroll taxes withholding, worker's compensation coverage E
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and all other benefits required by law.
• Employee Information Sheet
• Telephone Contact List L)
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• Employee Time Cards 0 0.
• Final Employee Evaluation ai
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Marvin Williams Crystal B.Daniels San Bernardino Parks and
Chairman, Board of Summer Youth Director Recreation Community Dept.
Trustees
Packet Pg.314
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Exhibit C
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I\Te-iv Hope Missionary Baptist st Chureli
JuneI6, 2016
Geiieral Policy 0
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2 =instances of tardiness will be counted as one i 1 absence. E
I Only three(3)sick days(NOT will be allowed for the entire 6-week work �
program. Your supervisor is depending on you to be there for the entire 6-weeks. L
Dress Code
4. No gang related clothing or accessories can be worn.
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5. o handkerchiefs or do-rags worn,or carried on the job site.
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6. l apparel must have appropriate images and language. C
7. CLOTH G MUST COVER THE CHEST STOMACH AND I1NDElE GARi ''i o
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8. ALL FACE PIERCINGS MUST BE REMOVED. �
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10. Shoes must be worn at all times. Footwear must be appropriate for your work site. z
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12. ALL VISIBLE TATTOOS MUST BE COVERED,
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Failure to adhere to the General or Dress Palley will result in a 1. day suspension without
pay. Additional or continued infractions will result in termination. E
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a°Tolees_ I o__ n.
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1. Possession, distribution,use or ender the influence of: 0
b. TOBACCO
c. ALCOHOL W
d. INSUBORDINATION ILL N Q'I BE TOL ATE p
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2. Violent acts towards others:verbal and/or physical or sexual harassment.
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3. Destruction of Church or Client property. Z
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4. PROFANITY will not be allowed.
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l have read and fully understand the policies listed above. I agree to abide by them. a
Please print name:
Signature: Date:
Now
Packet Pg. 315
Attac 5.Le
CITY OF SAN BERNARDINO
RELEASE HOLD HARMLESS
WAIVER
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First Name (participant) Initial Last Name
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Address L
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City State Zip
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Phone (Day) Phone (Evening) Phone (Emergency) s
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Date of Birth Age a
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(Print Name), wish to participate as a volunteer with the Cit,
of San Bernardino. I realize reasonable precautions are taken to reduce the risk of injures, including death, an( c
property damage as a result of my participation, but there is still some risk which can result from my participation u
I hereby agree to waive, release and hold harmless and defend the City of San Bernardino, its Successor Agency 2
the elected and appointed officials,agents,employees and,volunteers from any liability for damages for persona o
injury, including death,as well as property damage,which may arise in connection with my volunteer participation x
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1 HAVE CAREFULLY READ THIS RELEASE, HOLD HARMLESS AND AGREE NOT TO FILE A CLAIM OF z
TAKE OTHER LEGAL ACTION AGAINST THE CITY OF SAN BERNARDINO, OR ITS EMPLOYEES, ANC
FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY,ANC v
SIGN IT OF MY OWN FREE WILL.
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Name of Participant (Print)
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Signature Date w
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If the Participant is a minor (less than 18 years old) this waiver must also be signed by a parent of
guardian.
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Name of Parent or Guardian (Print)
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Signature Date a
Packet Pg. 316