HomeMy WebLinkAbout2011-303
RESOLUTION NO. 2011-303
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH
THE AMERICAN RED CROSS INLAND EMPIRE CHAPTER FOR THE USE OF PARK
BUILDINGS, GROUNDS, AND EQUIPMENT AS MASS CARE SHELTERS IN THE EVENT
OF A DISASTER.
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WHEREAS, the American Red Cross Inland Empire Chapter is a humanitarian organization
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led by volunteers and guided by its Congressional Charter and the Fundamental Principles of the
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International Red Cross Movement, to provide relief to victims of disasters and help people prevent,
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prepare for and respond to emergencies.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
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SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the Director of Parks, Recreation and Community Services is hereby
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authorized to execute on behalf of said City the Memorandum of Understanding with the American Red
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Cross Inland Empire Chapter a copy of which is attached hereto and incorporated herein by reference
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as fully as though set forth at length; as Attachment "I".
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SECTION 2. That the authorization to execute the above referenced Memorandum of
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Understanding is rescinded if the parties to the Memorandum fail to execute it within ninety (90) days
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of the passage of this Resolution.
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SECTION 3. That the term of the Memorandum of Understanding with the American Red
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Cross Inland Empire Chapter shall be from the date of execution by both parties until 30 days after
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written notice of termination by either party.
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2011-303
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH
THE AMERICAN RED CROSS INLAND EMPIRE CHAPTER FOR THE USE OF PARK
BUILDINGS, GROUNDS, AND EQUIPMENT AS MASS CARE SHELTERS IN THE EVENT
OF A DISASTER.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
Common Council of the City of San Bernardino at a regular meeting thereof, held on the ~ day of
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a...~h.~
Rachel Clark, City Clerk
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The foregoing resolution is hereby approved this
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Frederic E. Shorrett, Mayor Pro Tern
City of San Bernardino
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~ "t ~ ~;t- l~ 1t...~~'5"~;," '6,1f.~
James F. Penman, City A orney //
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2011-303
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American
Red Cross
Inland Empire Chapter
Headquarters
202 W. Rialto Ave.
San Bernardino. CA 92408
Tel: (909) 888-1481
Fax: (909) 888-3741
West 1Ia11ey Semce Center
9140 Haven Ave. Ste. 115
Rancho Cucamonga. CA 91730
Tel: (909) 481-2835
Fax: (909) 481-4629
www.ie-r edcr oss.org
Disaster Services
Memorandum of Understanding
This Agreement is made and entered into between the City of San Bernardino ("City"), located in San Bernardino
County, State of California, and the Inland Empire Chapter of the American Red Cross.
RECITALS:
WHEREAS, pursuant to the terms of federal statutes, the Red Cross provides emergency services on behalf of
individuals and families who are victims of disasters; and, .
WHEREAS, The American Red Cross wishes to use, and the City is authorized to permit the Red Cross to use the
buildings, grounds, and equipment at the following locations (the "Premises") for mass care shelters required in the
conduct of Red Cross Disaster Services activities:
Rudy Hernandez Community Center
Delmann Heights Community Center
Ruben Campos Community Center
5th Street Senior Center
Lytle Creek Community Center
Perris Hill Community Center; and,
WHEREAS, the parties hereto mutually desire to reach an understanding that will result in making the aforesaid
facilities of the City available to the Red Cross for the aforesaid use.
NOW, THEREFORE, it is mutually agreed between the parties as follows:
1. The City agrees that, after meeting its responsibilities to its residents, it will permit, to the extent of its ability and
upon request by the Red Cross, the use of its physical facilities at the Premises by the Red Cross without charge for
Mass Care; sheltering, operations center, client service center, and bulk distribution of disaster supplies to victims of
disaster.
2. The American Red Cross agrees that it will exercise reasonable care in the conduct of its activities in such facilities
and further agrees to replace or reimburse the City for any foods or supplies that may be used by the Red Cross in the
conduct of its relief activities in said mass shelters.
3. American Red Cross shall defend, hold harmless, and indemnify the City and its officers, employees, volunteers and
agents against any legal liability, including reasonable attorney fees, for bodily injury, death and property damage
arising from its use of the Premises.
4. In the event of a disaster, a Facilities Use Agreement shall be completed and signed by the City and an American
Red Cross authorized representative to document an agreement with a facility owner regarding the use of the facility
during a disaster, in substantially the form attached hereto as Exhibit "A."
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2011-303
5. The term of this agreement begins on the date of the last signature below and ends 30 days after written notice by
either party.
In witness thereof, the City has caused this agreement to be executed by its City Manager, and the American Red Cross
has caused this agreement to be executed by the Inland Empire Chapter, said agreement to become effective and
operative upon the fixing of the last signature hereto.
Signatures to the Agreement:
Dated: J '2... I / I) , 2011
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Inland Empire Chapter, America!!~~d Cross
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Dated:
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Ke in Hawkins, Director
Department of Parks, Recreation and
Community Services
Approved as to Form:
James F. Penman, City Attorney
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2011-303
American Red Cross
Facility Use Agreement
DR#:
Facility Name:
Parties and Premises
Owner:
Legal name: City of San Bernardino ("City")
24-Hour Point of Contact:
Name and title:
Work phone:
Address for Legal Notices:
Cell phone/pager:
Red Cross:
Legal name: The American National Red Cross, a corporation under the laws of the United States
24-Hour Point of Contact:
Name and title:
Work phone:
Address for Legal Notices:
Cell phone/pager:
with copies to:
The American National Red Cross, Office of the General Counsel,
2025 E Street, NW, Washington DC 20006
and
The American National Red Cross, Disaster Operations,
2025 E Street NW, Washington, DC 20006.
Buildina Address:
Descriotion of Premises:
EXHIBIT "A"
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2011-303
Terms and Conditions
1. Use of Premises. City agrees to allow the Red Cross to use and occupy, on a temporary basis, the
Premises described above (the "Premises") in the Building identified above (the "Building") to conduct
emergency, disaster-related activities. The Premises may be used for any of the following purposes (both
parties must initial all that apply):
City initials
Red Cross initials
Operations center
Client service center
Volunteer intake center
Storage of supplies
Parking of vehicles
No sheltering or lodging of clients or disaster victims is permitted, except as the parties may agree in a
separate written agreement.
2. Term. The term of this agreement begins on the date of the last signature below and ends 30 days
after written notice by either party.
3. Fee. City agrees not to charge any fee in recognition of the services provided by the Red Cross to
the community.
4. Conduct of the Red Cross. Red Cross agrees to keep the Premises in good condition and promptly
repair all damage to the Premises or the Building resulting from the operations of the Red Cross or
reimburse City for the costs of repairing such damage in accordance with paragraph 6 below. The Red
Cross agrees not to disrupt, adversely affect or interfere with other occupants of the Building.
5. Condition of Premises and BuildinQ. City makes no warranty or representation about the Premises or
the Building. The Red Cross accepts the same "AS IS." City is under no obligation to prepare or repair
the Premises or the Building for the Red Cross. The parties will jointly conduct a pre-occupancy survey of
the Premises before it is turned over to the Red Cross. They will use the Facilitv/Shelter Openinq/Closinq
Form, to record any existing damage or conditions. The Red Cross will exercise reasonable care while
using the Premises and will make no modifications to the Premises without the Owner's express written
approval.
6. Reimbursement: The Red Cross will reimburse the Owner for the following:
a. Damage to the Premises or other property of City reasonable wear and tear excepted, resulting
from the operations of the Red Cross. Reimbursement for damage will be based on replacement
at actual cash value. The Red Cross will select from among bids from at least three reputable
contractors. The Red Cross is not responsible for storm damage or other damage caused by the
disaster.
b. Reasonable, actual, out-of-pocket operational costs, including the costs of the utilities indicated
below, to the extent that such costs would not have been incurred but for the Red Cross's use of
the Premises (both parties must initial all utilities to be reimbursed by the Red Cross):
City initials
Red Cross initials
Water
Gas
Electricity
Waste Disposal
The City will submit any request for reimbursement to the Red Cross within 60 days after the occupancy
of the Red Cross ends. Any request for reimbursement must be accompanied by supporting invoices.
7. Insurance. The Red Cross shall carry insurance coverage in the amounts of at least $1,000,000 per
occurrence for Commercial General Liability and Automobile Liability. The Red Cross shall also carry
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2011-303
Workers' Compensation coverage with statutory limits for the jurisdiction in which the premises are
located and $1,000,000 in Employers" Liability.
8. Indemnification. Red Cross shall defend, hold harmless, and indemnify City and its employees,
officers and agents against any legal liability, including reasonable attorney fees, in respect to bodily
injury, death and property damage arising from the use of the Premises.
9. City Rioht to Revoke for Cause. Upon reasonable prior written notice to the Red Cross, City may
revoke the permission represented by this Agreement if Red Cross (a) fails to pay any fee or payment
required hereunder or (b) breaches any other obligation hereunder and such breach continues after
written notice from City describing same. If the permission license is so revoked, Red Cross shall vacate
the Premises in a neat and orderly manner. City shall have all rights and remedies available to it under
applicable law.
10. Casualty or Condemnation Affectino Premises. Notwithstanding anything in this Agreement to the
contrary, in the event that damage or casualty to all or a part of the Premises, this Agreement shall
terminate and Red Cross shall have no right to restoration of the Premises or to receive any
compensation whatsoever.
11. Leoal Notice. Notice shall be deemed to have been duly given three (3) business days after having
been mailed by certified or registered mail, return receipt requested, to the party's address for Legal
Notice set forth at the beginning of the Agreement, or upon receipt if delivered by hand or recognized
overnight delivery service. Either party may change its address for the purpose of Legal Notice
hereunder by providing the other party with notice of the new address.
12. GoverninQ Law and Bindino Effect. This Agreement shall be governed by and construed under the
laws of the State of California. This Agreement shall be binding on the parties and their respective,
successors, transferees and assigns.
13. Incorporation. The Facilities Use Agreement shall be interpreted in conjuction with the Disaster
Services Memorandum of Understanding entered into on 20_, between the Red
Cross and the city of San Bernardino. The Disaster Services Memorandum of Understanding shall
prempt any conflicting provisions in this Facilities Use Agreement.
City of San Bernardino
(legal name)
THE AMERICAN NATIONAL RED CROSS
(legal name)
By (signature)
By (signature)
Name (printed)
Name (printed)
Title
Title
Date
Date
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