Loading...
Cathedral of Faith - 2016 AgreementMEMORANDUM OF UNDERSTANDING A. PURPOSE This Memorandum of Understanding (MOU) is hereby entered into and between the Cathedral of Faith, a faith -based nonprofit 501(c)(3) charities organization who is offering an LHGH Student Recovery Program ( "Program ") whose address is 2315 Canoas Garden Avenue, San Jose, CA 95125 and the City of Gilroy, a California municipal corporation, whose address is 7351 Rosanna Street, Gilroy ( "City"). City and Program shall be collectively referred to as the Parties. The Parties of this MOU is to outline the Scope of Work (Duties, Roles, and Responsibilities) of the Parties. The Parties agree to work together in good faith through monthly meetings to ensure the quality of services delivered. B. STATEMENT OF MUTUAL INTEREST AND BENEFIT Program has been a valuable resource to the San Jose and northern Santa Clara County community over the last few years by partnering with organizations such as San Jose's Mayor's Gang Prevention Task Force, local high school and middle schools, school counselors, Santa Clara County Youth Probation Department, community based agencies and parent groups. Through these collaborations, Program has a proven track record of meeting the needs of students and their families dealing with addictions. Program's services have now expanded to Gilroy. Program is funded through Cathedral of Faith's fundraising outreaching team. Pro- social aspects of the program are supported by the Ca1GRIP South County One Neighborhood Empowered grant, to serve disadvantaged youth within the Gilroy and Morgan Hill communities. The purpose of the Program is to support youth with recovery issues by facilitating an 8-step student program designed specifically for junior high and high school students. Program will provide life skill tools to local youth and their families in need and provide services to help them deal with issues such as unresolved hurt, pain, struggles or addictions. Sessions last 10 weeks and begin in February 2016. In consideration of the above premises, the Parties agree as follows. C. THE CITY SHALL: • Make available, at no cost to Cathedral of Faith, a classroom for recreation programming, a kitchen, limited storage space, and access to restrooms at San Ysidro Community Center, 7700 Murray Avenue, Gilroy, CA 95020. • Provide access to the assigned facility classroom a half hour prior to commencement and a half hour after the conclusion of each session to allow for set -up and tear down of materials, from 6:00 pm — 9:00 pm, including setting up and tear down time. • The City shall not be responsible for setting up or cleaning the facility after each session. • The City will not be responsible for providing any recreation supplies and equipment needed for program purposes. 4819 -0188- 9324v2 NON- BC104706083 D. CATHEDRAL OF FAITH SHALL: • Conduct weekly youth recovery services. • Conduct sessions on each Thursday during the school year (September to December and February to May). Sessions shall begin at 6:30 p.m. and conclude at 8:30p.m. • Be responsible for setting up or cleaning the facilities after each session. Facility will be made available for staff beginning 6:00 pm and ready to close by 9:00 pm. • Be responsible for opening and closing and securing assigned classroom facilities at the conclusion of each session. • Not be responsible for paying to use any space at the San Ysidro Center, including for use of the Multi - Purpose room, the kitchen, minimal storage space, and restrooms. • Not be responsible for paying for any utilities costs (i.e. PG &E, water, custodial) related to the use of the facility. ■ Return the facility to the same condition that it was in prior to starting program sessions. ■ Provide a facility use feedback form for any noted issues to the designated City contact. ■ Provide all supplies and equipment needed for Program purposes. • Reschedule any cancelled sessions and provide timely notification of any schedule changes. • Coordinate the marketing and participant recruitment aspects of the program. • Provide City with contact information of a designee to coordinate facility access issues and any other related issues that may arise during the course of recreation sessions. • Provide administrative support, including but not limited to the recruitment of youth to participate in the program and related documentation as required. • Will assist in any data collection efforts and sharing, and completion of reporting, requirements in order to support the Ca1GRIP and South County Youth Task Force efforts. • Will participate in a third party Ca1GRIP evaluation component and attend their required meetings. • Shall provide services to program youth, regardless of religion or religious belief. • Ensures that federal funds cannot be used to conduct inherently religious activities (such as prayer, religious instruction, or attempt to convert participants to another religion) and that such activities are kept separate in time or place from federally- funded activities, The Program, and from City sponsored programs and City -owned locations. • Ensures that participation in religious activities is voluntary for beneficiaries of federally - funded programs. • Ensures that religion may not be used within City sponsored programs and City -owned location. • Shall ensure that all Cathedral of Faith employees and volunteers who have contact with minors through this Program have undergone the City of Gilroy Department of Justice Livescan criminal record check process. Cathedral of Faith shall provide the city with a list of any and all employees and volunteers that will have contact with minors in advance of them providing any services under this agreement. City authorization and clearance is required before any Cathedral of Faith employee or volunteer can have contact with minors through this program. In the alternative, the Executive Pastor of Cathedral of Faith, can 4819 -0188- 93242 NON- BM04706083 provide written authorization to the City of Gilroy listing the individual names of the Cathedral of Faith employees and volunteers that have undergone a State of California Department of Justice criminal records check for Cathedral of Faith and have been evaluated and cleared for contact with minors. Written authorization shall be provided to the City of Gilroy Recreation Director prior to the delivery of services under this MOU. E. IT IS MUTUALLY AGREED AND UNDERSTOOD THAT: This MOU is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement or contribution of funds between the parties to this MOU will be handled in accordance with applicable laws, regulations, and procedures including those for Government procurement and printing. Such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the parties and shall be independently authorized by appropriate statutory authority. This MOU does not provide such authority. This MOU may be modified or amended, only upon written consent of both parties. The terms and conditions of this MOU shall remain in effect until December 31, 2017, or terminated as mutually agreed, or upon 30 days written notice by either party. F. INDEMNIFICATION To the fullest extent permitted by law, Cathedral of Faith shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of Cathedral of Faith or Cathedral of Faith's assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. G. INSURANCE Cathedral of Faith shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof. As a condition precedent to CITY'S obligations under this Agreement, Cathedral of Faith shall furnish written evidence of such coverage (naming CITY, its. officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. Cathedral of Faith shall provide proof of workers' compensation insurance for Cathedral of Faith employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all 4819 -0188- 93242 NON- BM04706083 claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of Cathedral of Faith employees. This agreement may be modified or amended, only upon written consent of both parties. It shall be effective on the date of execution, and shall continue until terminated as mutually agreed, or upon 30 written notice by either party. JAEd an d Tewes Interim City Administrator City of Gilroy Pa for Mi e Ga Executive Pastor Cathedral of Faith Approved as to form: City Att rney Attest: City Clerk 4819 - 0188- 93242 NON- BM04706083 Date Dat Z —/2 -4 i CATHEORAL OF FAITH WHERE ANYTHING 15 PC551BLE Dec. 15, 2015 Bernice Aguilera City of Gilroy Dear Bernice: Cathedral of Faith is very excited to partner with the City of Gilroy in working with the South County Youth Task Force. I understand that you require written documentation regarding our background check process. For almost 20 years, the church has required criminal background checks on anyone volunteering to work with children. However, about 4 -5 years ago, we decided that all volunteers must undergo this screening. We implemented a new database system one year ago where the applicant must complete an application, the references are checked, and then the criminal background check is run. Clear results are posted as "approved" to the individual's record, whereas results with minor infractions are posted as "conditional," or "denied" should the record be more serious. Should you have any further questions regarding this process, please feel free to call me at 408 - 267 -4691 ext. 3015 or email me at smachadolacathedraloffaith.org. Sincerely yours, Y % ( Susan Machado Controller/Human Resources 23 1 S CANOAS GARCEN AVE., SAN JOSE, CA 951 25 408 267 n 469 1 PHONE 1, 408 » 267 » 9902 FAX I CATHECRALOFFAITH.ORG 1 N.— FRIEN -1 OP ID: CA s44117OR®- CERTIFICATE OF LIABILITY INSURANCE 164.� DATE(MM/DD/YYYY) 1 09/18/2015 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT` If the certificate holder is an ADDITIONAL INSURED, the policy((es) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Der Manouel Ins & Fin Svcs Inc Der Manouel insurance Group P.O. Box 28906 CONTACT NAME: Carol Burns 559 -447 - 4600 ac No: 559 -447 -4586 A MAIL , cburns dmi .com Fresno, CA 93729 -8906 'COMMERCIAL GENERAL LIABILITY Carol Bums INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:Great American Insurance Co. 16691 $ 1,000,00 INSURED Friendly Bible Church INSURER B: Cornerstone Com p, Inc. X dba Cathedral of Faith 2315 Canoas Garden Road INSURER C 09/01/2015 09/01/2016 San Jose, CA 95125 INSURER D: INSURERS $ 10,00 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOF INSURANCE ADDL SUBR POLICYNUMBER POLICY EFF M D NYYY) POLICY EXP JMMIDDIYYrn LIMITS A X 'COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS -MADE X OCCUR X PAC0535515 09/01/2015 09/01/2016 DAMAGE TU Kt:N -15 PREMISES Ea occurrence $ 1,000,00 MED EXP (Any one person) $ 10,00 PERSONAL& ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIM IT APPLIES PER: GENERAL AGGREGATE $ 3,000,00 X POLICY 7 JERCOT- ❑ LOC PRODUCTS - COMP /OPAGG $ 3,000,00 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,00 X BODILY INJURY (Per person) $ A ANY AUTO CAP0535516 0910112015 09101/2016 ALL OW NED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident), $ PROPERTY DAMAGE Per accident $ NON-OWNED HIRED AUTOS AUTOS X UMBRELLA UAS X OCCUR EACH OCCURRENCE $ 15,000,00 AGGREGATE $ 15,000,00 A EXCESS LIAB CLAIMS -MADE UMB0535517 09/01/2015 09/01/2016 DIED I X I RETENTION $ 10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N / A 0140060704 01/01/2015 01/0112016 STATUTE X ER E.L. EACH ACCIDENT $ 2,000,00 E.L. DISEASE - EA EMPLOYE - $ 2,000,00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L- DISEASE - POLICY LIMIT $ 2,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space Is required) City of Gilroy, it's officials, employees and volunteers are included as Additional Insured as respects to General Liability as required by written contracr or agreement Re: Use of San Ysidro Recreation Facility, 7700 Murray Ave, Gilroy, CA Endorsement attached: CG 2011 01 96 G I LRO-4 City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIIVE , ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD +` A INSURED: Friendly Bible Church, dba: Cathedral of Faith POLICY NUMBER: PAC0535515 COMMERCIAL GENERAL LIABILITY CG 20 110196 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1. Designation of Premises (Part Leased to You): San Ysidro Recreation Facility, 7700 Murray Ave, Gilroy, CA 2. Name of Person or Organization (Additional Insured): State or Government Agency or Subdivision or Political Subdivision, City of Gilroy, it's officials, employees and volunteers are included as Additional Insured. 3. Additional Premium: 0 (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of.the person or organization shown in the Schedule. CG 20 1101 96 Copyright, Insurance Services Office, Inc., 4994 Page 1 of 1 ❑