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HomeMy WebLinkAbout2018-2091 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-209 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH FOR THE NEW HOPE SUMMER YOUTH WORK PROGRAM FROM JUNE 2018 THROUGH JULY 2021, TO COMMENCE FOR ONE (1) YEAR WITH TWO (2) ONE-YEAR OPTIONS BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager is hereby authorized and directed to execute a Volunteer Services Agreement between the City of San Bernardino and New Hope Missionary Baptist Church for the New Hope Summer Youth Work Program from June 2018 through June 2021 for One (1) Year with Two (2) One-year Options, attached hereto as Exhibit "A" and incorporated by reference herein as if fully set forth. SECTION 2. This authorization shall expire and be deemed void and of no 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 this Resolution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A VOLUNTEER SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH FOR THE NEW HOPE SUMMER YOUTH WORK PROGRAM FROM JUNE 2018 THROUGH JULY 2021, TO COMMENCE FOR ONE (1) YEAR WITH TWO (2) ONE-YEAR OPTIONS I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the .1 8h day of July 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD X MULVIHILL Georgeann anna, CM ,-City Clerk The foregoing Resolution is hereby approved this 18'b day of July 2018. (_c �, G R. Carey Davis, ayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney mm I (Attachment A) VOLUNTEER SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH FOR THE NEW HOPE SUMMER YOUTH WORK PROGRAM This Volunteer Service Agreement (the "Agreement") is entered into this 18th day of July 2018 ("Effective Date"), by and between New Hope Missionary Baptist Church, a religious organization under the laws of the State of California and having its principal location of 1575 W. 17th Street, San Bernardino, California 92411 ("NEW HOPE") and the City of San Bernardino, California, a charter city and municipal corporation (the "CITY"). (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") WITNESSETH: 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 Bernardino; and, WHEREAS, the CITY benefits from volunteer services through the additional labor it receives to provide recreational programming for the community. WHEREAS, NEW HOPE operates a Summer Youth Work Program designed to assist youth with obtaining valuable work experience. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. CITY and NEW HOPE agree to perform those acts and provide those services as set forth on Exhibit "A," attached hereto and incorporated herein. 2. WARRANTY AND RECORDS. 2.1 Warran . 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 in 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 judgement 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 mentions 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 CITY, prior to NEW HOPE performing the additional services, approved such additional services in writing. It is superficially understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 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. VOLUNTEER SERVICES AGREMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH 1 (Attachment A) 3. TERM; TERMINATION. The term of this Agreement shall commence in June 2018 and end August 2018 for One (1) year with two (2) One-year options. This Agreement may be terminated at any time upon written notice by either PARTY 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. 1011 a 101 Y 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 asserted 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 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, CITY its elected officials, employees, agents or representatives 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 CITY, its elected officials, employees, agents or representatives, with respect to the third party claims against NEW HOPE relating to or in any way connected with the accomplishment of work or performance of services under this Agreement. 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. 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 -Limiting. Nothing in this Section shall be constructed as limiting in any way the indemnification provision contained within this Agreement, or the damages to person or property. 6. NON-DISCREVIINATION. In the performance of this Agreement and in the hiring and recruitment of employees, 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, sex, gender, or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. 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 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other VOLUNTEER SERVICES AGREMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH 2 (Attachment A) 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. 8. LICENSES AND OTHER REQUIREMENTS. NEW HOPE warrants that it possesses, or shall obtain prior to execution of this Agreement, any licenses, permits, qualifications, insurance, and approvals, of whatever nature, that are 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. 9. WAIVER FORMS. NEW HOPE agrees to have each participant sign CITY's Volunteer Release and Waiver of Liability, as attached as Exhibit `B" and attached hereto, prior to beginning any volunteer work for CITY. 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: Jim Tickemyer City of San Bernardino Parks, Recreation and Community Services 290 N. D Street San Bernardino, CA 92401 TO NEW HOPE: Marvin Williams Summer Youth Work Program/ New Hope Missionary Baptist Church 1575 W. 17'h Street San Bernardino, CA 92411 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY with this Section. 11. 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 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. 12. ASSIGNMENT. NEW HOPE shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or part of NEW HOPE's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrances 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 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. VOLUNTEER SERVICES AGREMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH 3 (Attachment A) 13. VENUE. The parties hereto agree that all actions or proceedings arising in connection with the 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. 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 PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 16. HEADINGS. The subject headings of the sections of this Agreement are included for the purpose of convenience only and shall not affect the construction or the interpretation of any of its provisions. 17. 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 offending provision in any other circumstances, and the remaining provisions of this Agreement shall remain in full force and effect. 18. REMEDIES; WAIVER. 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 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 those 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 authorized representative of 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. This Agreement constitutes the entire agreement and the understanding between PARTIES, and supersedes any prior agreements and understating relating to the subject matter of this Agreement. KIM61110 a 1117711:.4 KA 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 VOLUNTEER SERVICES AGREMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH 4 (Attachment A) any signature is delivered by facsimile transmission or by e-mail deliver of a ".pdf' format data file, such signature shall create a valid and binding obligation of PARTY executing (or whose behalf such signature is execute) with the same force and effect as if such facsimile or ".pdf' signature page were an original thereof. 21. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 22. CORPORATE AUTHORITY. 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 HOPE agrees to abide by all federal, state, and local laws, ordinances and regulations. 24. FORCE MAJEURE. 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. 25. ORDER OF PRECEDENCE. 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. 26. CONSTRUCTION. 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 PARTIES and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any PARTY by virtue of authorship of any of the provision of the AGREEMENT. [Signature Page Follows] VOLUNTEER SERVICES AGREMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH 5 (Attachment A) IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,S u �� , 2018 NEW HOPE MISSIONARY BAPTIST CHURCH Its: Dated:, 2018 CITY OF N BERNARDINO By. Andrea M. Miller, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: ATTEST: r�J Georgeann Ifanna., C , City Clerk VOLUNTEER SERVICES AGREMENT BETWEEN THE CITY OF SAN BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH 6