2013/05/14 City Council Resolution 2013-074RESOLUTION NO. 2013 -074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING A RELEASE, WAIVER & INDEMNITY AGREEMENT WITH SONOMA
COUNTY ADULT AND YOUTH DEVELOPMENT CENTER (SCAYD)
FOR VOLUNTEER SERVICES
WHEREAS, the City has had a long - standing collaborative relationship with SCAYD by
providing ongoing opportunities for at -risk youth through the SCAYD volunteer program; and
WHEREAS, the City wishes to continue supporting the SCAYD volunteer program by
making its facilities available for these purposes; and
WHEREAS, the City wishes to enter into an agreement with SCAYD for purposes of
supporting their volunteer program and providing an opportunity to continue the long- standing
collaborative relationship between the two entities while eliminating all associated risk to the
City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park
that it does hereby authorize and approve a Release, Waiver & Indemnity Agreement with
Sonoma County Adult and Youth Development Center (SCAYD) for Volunteer Services.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute documents pertaining to same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 14"' day of May, 2013.
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CITY OF ROHNERT PARK
Mayo
AHANOTU:AYE BELFORTE: ABSENT MACKENZIE: AYE CALLINAN: ABSENT STAFFORD: AYE
AYES: ( 3 ) NOES: ( 0 ) ABSENT: ( 2 ) ABSTAIN: ( 0 )
CITY OF ROHNERT PARK
RELEASE, WAIVER & INDEMNITY AGREEMENT
SONOMA COUNTY ADULT AND YOUTH DEVELOPMENT CENTER (SCAYD)
The Sonoma County Adult and Youth Development Center, a nonprofit organization, ( "Organization ") intends to
organize and sponsor a work program (Program ") involving manual labor such as, but not limited to, garbage and
trash pickup and debris and vegetation removal at various locations within the City of Rohnert Park ( "City"). The City,
a municipal corporation, is willing to make its facilities available to the Organization for Program purposes, subject to
the following terms and conditions:
1. The Organization, for itself and its officials, officers, employees, agents, volunteers, contractors, invitees and
other participants in the Organization's Program ( "Agents'), hereby promises and agrees to accept and
comply with the terms and conditions of this Agreement. The Organization further certifies that it has
provided a copy of this Agreement to each of its Agents and that they have read and agreed to comply with
the Agreement.
2. In carrying out the Program, the Organization hereby agrees that the Organization and its Agents shall be
donating their time and services without any compensation and will at no time be considered an employee or
independent contractor of the City, and the City will not provide insurance coverage, workers compensation
or any other benefit for the Organization's or the Agent's work at the Property
3. The Organization and Agents assume all risks of participating in the Program and accept full responsibility
for any injury to persons or damage to property that may result from the Organization's and /or Agents'
participation in the Program.
4. Neither the City nor any of its officials, officers, employees, agents, volunteers, contractors or other
representatives ( "City's Agents') shall be held liable for, and the Organization and Agents expressly release
the City and City Agents from, any Claims and /or Liability arising from or in any way related to the Program.
5. The Organization and Agents hereby agrees to indemnify, protect, defend (with legal counsel of City's
choice) and hold harmless City and City's Agents from and against any and all Claims and /or Liability,
except for those caused by the sole negligence or willful misconduct of City or City's Agents, arising from or
in any way related to: (i) the Program; (ii) the acts, or omissions of the Organization and /or Agents; and (iii)
the breach of this Agreement or material failure to perform any of the terms and conditions of this Agreement
by the Organization and /or Agents /.
6. For the purpose of this Agreement, the following terms shall be defined as follows: (1) "Claim" shall mean
any claim, demand, cause of action, motion, suit at law or equity, administrative proceeding, alternative
dispute resolution process (including, without limitation, arbitration and mediation), order, judgment, levy, or
attachment; (2) "Liability" shall mean any liability, damages (including, without limitation, consequential,
indirect, special or punitive damages), injury to person (including, without limitation, death, dismemberment,
physical, psychological or emotional trauma or impairment, emotional distress, disability, loss of earning
capacity, loss of wages, and similar injuries) or to property (whether to personal or real property and
including, without limitation, theft, destruction, loss of use, loss of profit, loss of goodwill, diminution in value,
or similar injury), and costs and /or expenses (including, without limitation, attorneys' fees, expert witness
fee, court costs, and legal defense related costs).
7. The Organization and Agents hereby agree that City is not liable for any Claims pertaining to, or of, the
Organization and /or Agents, and hereby waives their rights under California Civil Code § 1542, which
provides as follows: "A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which if known by him or her
must have materially affected his or her settlement with the debtor."
8. All equipment and materials that are used in the Program that are provided by the Organization and /or
Agents are the sole responsibility of the Organization and /or Agents, shall be provided at no cost to City or
City's Agents, and are used at the sole risk of the Organization and /or Agents. In the event that the City
provides equipment and materials, they should be used in accordance with the directions and guidelines
provided by City.
9. City and City's Agents have made no representation or warranty to the Organization or Agents regarding: (i)
the ability of the Organization or Agents to participate in the Program or (ii) the holding or timing of the
Program or the circumstances under which the Program will take place. The Program may be canceled,
rescheduled or postponed without notice due to any circumstances determined to warrant such action at
City's sole and absolute discretion.
Signature of Organization's Name (printed)
Responsible Person/ Agent
Name of Organization /Name of Agent
1 of 1
Date Signed