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Home My WebLink About2017-056h 4 it z OF • . i 1 CITY COUNCIL ♦ B F , Q s r = ax CALIFORNIA,R °i OF A AGREEMENTVOLUNTEER SERVICES BETWEEN THE CITY OF SAN ♦ ' si i AND NEW HOPEifBAPTIST CHURCH BE IT RESOLVED i _i 1 CITY COUNCIL OF THE CITY ii OF SAN BERNARDINO AS FOLLOWS: SECTION x authorized That the City Manager or his/her designee is hereby directed to execute a Volunteer Services Agreement i and New Hope Missionary Baptist Church, attached hereto as Exhibit "A" and incorporated by reference herein as if fully set forth. SECTION 2. This authorizationexpire and 1. deemed void and of i further effect if the Agreement is not executed by both parties and returned to the Office of the City Clerk within sixty (60) days following the effective date of Resolution. 1 6 7 e 19 ro, 12, 13": 14 15 16 17 18 9 20 21 22 23 24 RESOLUTION Fly E �' _ s a � d� �. '�. � - au - MAYOR � '� - COUNCIL �- N - L � F THE OF F P BERNARDIN09 CALIFORNIA9 AUTHORIZING THE EXECUTION OF A VOLUNTEER SERVICES AGREEMENT r t !- _ x NEW O BAPTIST HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor r e . and City Council of the City of San Bernardino at a t_ vt-�e ILe-410 meeting thereof, held on the day of , 201 4V 61 7, by the following vote, CouncilABSTAIN AYES NAYS ABSENT MARQUEZ X BARRIOS X VALDIVIA _X(M� SHORETT _29Sl NICKEL, RICHARD x VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE 14ISSIONARY BAPTIST CHURCH This Volunteer Services Agreement (the "Agreement") is entered into this 3r4day of kv ro 2017("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") 0 0 New Hope Missionary Baptist Church, a religious organization under the laws of the State of California and havin�` g its principal location of 1575 W. 17t' Street, San Bernardino, California 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") UNTIVY, MAW,* --v WHEREAS, the Mayor and City Council of CITY have determined that it is advantageous and in the best interests of CITY to provide volunteer opportunities for youth in the City of San WHEREAS, the CITY benefits I from volunteer services through the additional labor it receiveS. to provide recreational programming for the community. WHEREAS, NEW HOPE operates a Summer Youth Program designed to assist youth with obtaining valuable work experience. NOW, THERFFORE, for and in consideration of the mutual covenants and conditions contained herein,, PARTIES hereby agree as follows® CITY and NEW HOPE agree to perform those acts and provide those services as set forth on E xhibit 1 1. "A 9" attached hereto and incorporated herein. i� 1111 !111 1111i!1�1111 iq�;111�� 1111111111111111111 q�1�11 11111 T T 2.1 Warranty. NEW HOPE warrants that it shall perform the services required by this VOLUNTEER SERVICES AGREMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH 1 2.3 Records and Audits. Records of NEW HOPE's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to CITY upon reasonable notice. The term of this Agreement shall be from the Effective Date to July 30, 2017. This Agreement may be terminated at any time upon written ti A noce by either PRTY for 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 with the written consent of both PARTIES. NEW HOPE agrees to and shall indemnify and hold CITY, its elected officials, employees, agents,, or representative, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or VOLUNTEER SERVICES AGREMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH 2 .2-.sserted upon any actual or alleged act or omission of NEW HOPE, its employees,, agents,, or subcontractors, relating to or in any way connected with the accomplishment of the work or 1�erformance of services under the Agreement, unless the bodily injury or property damage was 5.1 Minimum ScoDe and Limits of Insurance. NEW HOPE shall obtain and maintain I during the life of this Agreement worker's compensation insurance as required bJ1 the State of California. I 5.2 Certificate 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 services under this Agreement. 5.3 Non-LimitiM. Nothing in this Section shall be constructed as limiting in any I way the indemnification provision contained within this Agreement, or thl MIE NEW HOPE shall perform work tasks provided by this Agreement, but for all intents and purposes, NEW HOPE shall be an independent contractor and not an agent or employee of the CITY. NEW HOPE shall secure, at its expense, and be responsible for any and all payment of VOLUNTEER SERVICES AGREMENT' BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH 3 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. 0 NEW HOPE warrants that it possesses, or shall obtain prior to execution of this Agreement,, any licenses, permits, qualifications, hat insurane c, and approvals, of whatever nature, tare legally required of NEW HOPE to practice its business or profession. NEW HOPE also warrants that it shall maintain the aforementioned throughout the duration of this Agreement. NEW HOPE agrees to have each participant sign CIT's Volunteer Release and Waiver of Liability, as attached as Exhibit "B" and attached hereto, prior to beginning any volunteer work for CITY. Jim Tickemyer 201 N. "E" Street, Suite 301 San Bernardino, CA 92401 TO NEW HOPE Marvin Williams 1575 W. 17th Street San Bernardino, CA 92411 Either PARTY may change the address for delivery of notices by sending notice of the change tj* the other PARTY with this Section. In the event that gation 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 VOLUNTEER SERVICES AGREMENT BETWEEN THE CITY OF SAN BERNA AND NEW HOPE MISSIONARY BAPTIST CHURCH 4 rights or remedies hereunder or the enforcement of any of the terms, conditions or provision hereof. Attorneys' fees for the City Attorney and members of his/her office shall be calculated based on the market rate for comparable services. 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. This Agreement shall be binding on and insure to the benefit of PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. The sub ect headings of the sections of this Agreement are included for the purpose of j - convenience only and shall not affect the construction or the interpretation of any of its VOLUNTEER SERVICES AGREMENT BETWEEN THE CITY OF SAN NA IN AND NEW HOPE MISSIONARY BAPTIST CHURCH 5 IVARX-10 If any provision of this Agreement is determined by a court of competent jurisdon to b*i invalid or unenforceable for any reason, such determination shall not affect i- s validity or enforceability of the remaining terms and provisions hereof or of offending provision in any 0 a other circumstances, and the remaining provisions of this Agreement shall remain in full force All remedies available to either PARTY for one or more breaches by the other PARTY are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of M.1,111111id a Kill t� This Agreement constitutes the entire agreement and the understandim4 between PARTIES, and supersedes any prior agreements and understating relating to the sub ect matter of this j VOLUNTEER SERVICES AGREMENT BETWEEN THE CITY OF SANRDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH 6 0-11173010510011 022 MINT411-r-11 ME No amendment to this Agreement w ill be effective unless it is in writing and signed by both PARTIES. 414.I[j cw- #]x, Each person executing this Agreement on behalf of PARTIES hereto warrant that they are duly authorized to execute this Agreement on behalf of said PARTIES and that by doing so, PARTIES hereto are formally bound to the provisions of this Agreement. 23, COMPLIANCE WITH LAW. NEW 3i= agrees to abide by all federal, state, and local laws, ordinances and regulationi 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. In the event of any 'inconsistency or conflict in this AGREEMENT and any of the attachment Exhibits or Attachments, the terms set forth in this AGREEMENT shall prevail. VOLUNTEER SERVICES AGREMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH 7 EW VOLUNTEER nE_ i_!sF-_ AGREEMENT —Y_EBETWEEN #. _ T # CITY SAN _ ! R A - ; OP 4 MISSIONARY APPROVED AS TO FORM: Gary :i{ . Saenz, City Attomey VOLUNTEER SERVICES AGREMENT BETWEENT E CITY OF SAN BERNARDINO AND NEW E MISSIONARY ATIST CHURCH