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HomeMy WebLinkAbout05.F- Parks, Recreation & Community Services S.F RESOLUTION(ID# 1313) DOC ID: 1313 K CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Kevin L. Hawkins M/CC Meeting Date: 11/21/2011 Prepared by: Robert Lennox, (909) 384-5233 Dept: Parks, Recreation&Community Ward(s): All Services Subject: 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. Financial Impact: None. Motion: Adopt resolution. Synopsis of Previous Council Action: None. ta.. Background: The American Red Cross, a humanitarian organization led by volunteers and guided by its Congressional Charter and the Fundamental Principles of the International Red Cross Movement, provides relief to victims of disasters and helps people prevent, prepare for and respond to emergencies. The American Red Cross operates on its Fundamental Principles: • Humanity. The Red Cross, born of a desire to bring assistance without discrimination to the wounded on the battlefield, endeavors to prevent and alleviate human suffering wherever it may be found. To protect life and health and to ensure respect for the human being. To promote mutual understanding, friendship, cooperation and lasting peace amongst all peoples. • Impartiality. The Red Cross makes no discrimination as to nationality, race, religious beliefs, class or political opinions. To relieve the suffering of individuals, being guided solely by their needs, and to give priority to the most urgent cases of distress. • Neutrality. In order to continue to enjoy the confidence of all,the Red Cross may not take sides in hostilities or engage at any time in controversies of a political,racial,religious or ideological nature. © • Independence. The Red Cross is independent. The national societies, while auxiliaries in Updated: 11/17/2011 by Mayra Ochiqui K Packet Pg. 42 1313 the humanitarian services of their governments and subject to the laws of their respective countries, must always maintain autonomous to be able at all times to act in accordance with Red Cross Principles. • Voluntary Service. The Red Cross is a voluntary relief organization, not prompted in any manner by desire for gain. • Unity. There can be only one Red Cross society in any one country. Red Cross must be open to all. Red Cross must carry on humanitarian work throughout the territory. • Universality. The Red Cross is a worldwide institution in which all societies have equal status and share equal responsibilities and duties in helping each other. Recently, the American Red Cross Inland Empire Chapter visited six San Bernardino Park facilities (Delmann Heights, Hernandez Community Center, 5th Street Senior Center, Perris Hill Senior Center, Ruben Campos Community Center and Lytle Creek Community Center) and conducted a walk through for their Emergency Shelter Site Survey. The intent of this survey was to inventory potential buildings, grounds, and equipment to be used as mass care shelters in the event of a disaster. After discussing this item with the City's Disaster Preparedness Coordinator, staff is recommending the approval of the Memorandum of Understanding with the American Red Cross Inland Empire Chapter for use of Park facilities to provide disaster relief services. City Attorney Review: Supportine Documents: Resolution-Amer Red Cross(DOC) American Red Cross Disaster Services MOU (DOC) American Red Cross Facility Use Agrmt (DOC) Updated: 11/17/2011 by Mayra Ochiqui K 5.F.a 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND 3 COMMUNITY SERVICES TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH 4 THE AMERICAN RED CROSS INLAND EMPIRE CHAPTER FOR THE USE OF PARK BUILDINGS, GROUNDS, AND EQUIPMENT AS MASS CARE SHELTERS IN THE EVENT 5 OF A DISASTER. 6 WHEREAS, the American Red Cross Inland Empire Chapter is a humanitarian organization 7 led by volunteers and guided by its Congressional Charter and the Fundamental Principles of the 02 H International Red Cross Movement, to provide relief to victims of disasters and help people prevent, 2 8 �L d 9 prepare for and respond to emergencies. y d r 10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF R 'c 11 SAN BERNARDINO AS FOLLOWS: w 0 12 SECTION 1. That the Director of Parks, Recreation and Community Services is hereby m a 13 authorized to execute on behalf of said City the Memorandum of Understanding with the American Red v 14 Cross Inland Empire Chapter a copy of which is attached hereto and incorporated herein by reference WE a 15 as fully as though set forth at length; as Attachment"1". M 16 SECTION 2. That the authorization to execute the above referenced Memorandum of W 0 17 Understanding is rescinded if the parties to the Memorandum fail to execute it within ninety (90) days 2 U v 18 of the passage of this Resolution. d 19 SECTION 3. That the term of the Memorandum of Understanding with the American Red a 20 Cross Inland Empire Chapter shall be from the date of execution by both parties until 30 days after o r 3 21 written notice of termination by either party. 0 m z 22 d 23 24 25 26 27 28 i Packet Pg.44 5.F.a 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND 2 COMMUNITY SERVICES TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE AMERICAN RED CROSS INLAND EMPIRE CHAPTER FOR THE USE OF PARK M 3 BUILDINGS, GROUNDS, AND EQUIPMENT AS MASS CARE SHELTERS IN THE EVENT 4 OF A DISASTER. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held on the_day of S 7 2011,by the following vote, to wit: d 8 2 Council Members: AYES NAYS ABSTAIN ABSENT d 9 d MARQUEZ R 10 w 11 JENKINS ° 0 12 BRINKER m 13 SHORETT m U 14 KELLEY E a © 15 JOHNSON M M r 16 McCAMMACK N N 17 a 18 19 Rachel Clark, City Clerk a 20 The foregoing resolution is hereby approved this day of 2011. o ._ 21 H Ol 22 Patrick J. Morris,Mayor City of San Bernardino E 23 Approved as to Form: v m Y 24 a 25 James F. Penman, City Attorney 26 27 28 z Packet Pg. 45 S.F.b American Headquarters West Vaney Service Center 202 W.Rialto Aw. 9149 Haven Ave.Ste.115 Red Cross San Bernardino.CA 92408 Rancho Cucamonga.CA 91730 Inland Empire Chapter Tel: (909)BBB-1481 Tel: (909)481-2835 Fax:(909)888-3741 Fax:MR)4BI-4629 www.ie-r edcr oss.org Disaster Services Memorandum of Understanding o This Agreement is made and entered into between the City of San Bernardino("City"),located in San Bernardino v County,State of California,and the Inland Empire Chapter of the American Red Cross. n RECITALS: N N WHEREAS,pursuant to the terms of federal statutes,the Red Cross provides emergency services on behalf of p individuals and families who are victims of disasters;and, N 0 L WHEREAS,The American Red Cross wishes to use,and the City is authorized to permit the Red Cross to use the U buildings,grounds,and equipment at the following locations(the"Premises")for mass care shelters required in the d conduct of Red Cross Disaster Services activities: Rudy Hernandez Community Center m Delmar Heights Community Center Ruben Campos Community Center d 51h Street Senior Center Q Lytle Creek Community Center M Penis Hill Community Center;and, WHEREAS,the parties hereto mutually desire to reach an understanding that will result in making the aforesaid D facilities of the City available to the Red Cross for the aforesaid use. 0 Z- N N U NOW,THEREFORE,it is mutually agreed between the parties as follows: m to 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 w Mass Care;sheltering,operations center,client service center,and bulk distribution of disaster supplies to victims of m disaster. o N N 2.The American Red Cross agrees that it will exercise reasonable care in the conduct of its activities in such facilities o and farther agrees to replace or reimburse the City for any foods or supplies that may be used by the Red Cross in the c) conduct of its relief activities in said mass shelters. m 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. E a 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 ex during a disaster,in substantially the form attached hereto as Exhibit"A." s U R Packet Pg. 46 5.F.b 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. _ O Signatures to the Agreement: N Dated: 12011 Dated: 2011 v U Inland Empire Chapter,American Red Cross City of San Bernardino j L v N R N_ Kevin Hawkins,Director Chief Executive Officer Department of Parks,Recreation and o Community Services U m Approved as to Form: James F.Penman, City Attorney L d By: E M � M Y O E N d U N N d N A lJ N N O L U a m c m U d E G U E z U t0 w Partner Today. . . Prepare for Tomorrow ¢ Serving the communities of Big Bear,Bloomington,Chino,C rno H s,Co ton,Crestline,Fontana,Grand Terrace,Highland,Lake Arrowhead, Loma Linda,Menton,Montclair,Ontario,Rancho Cucamonga,Redlands,Rialto,Running Springs,San Bernardino,Upland and Yucaipa. Packet Pg. 47 S.F.c American Red Cross Facility Use Agreement DR#: Facility Name: Parties and Premises Owner: O Legal name: City of San Bernardino("City") 2 24-Hour Point of Contact: m v Name and title: v Work phone: Cell phone/pager: w Address for Legal Notices: N m m 'o N N O U d tr 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: E Work phone: Cell phone/pager: Address for Legal Notices: M v E rn Q m N 7 with copies to: >. The American National Red Cross, Office of the General Counsel, 2025 E Street, NW,Washington DC 20006 ii and H The American National Red Cross, Disaster Operations, c 2025 E Street NW, Washington, DC 20006. tj a Building Address: a C R V d E ¢ w C d Description of Premises: E L U M Q ® EXHIBIT "A" Packet Pg.48 S.F.c 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 0 O Client service center Volunteer intake center v U Storage of supplies Parking of vehicles n `m No sheltering or lodging of clients or disaster victims is permitted, except as the parties may agree in a y separate written agreement. p 2. Term. The term of this agreement begins on the date of the last signature below and ends 30 days o after written notice by either party. 0 3. Fee. City agrees not to charge any fee in recognition of the services provided by the Red Cross to a the community. c 4. Conduct of the Red Cross. Red Cross agrees to keep the Premises in good condition and promptly v repair all damage to the Premises or the Building resulting from the operations of the Red Cross or `m reimburse City for the costs of repairing such damage in accordance with paragraph 6 below. The Red E Cross agrees not to disrupt, adversely affect or interfere with other occupants of the Building. a M 5. Condition of Premises and Building. 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 E the Premises before it is turned over to the Red Cross. They will use the Facilitu/Shelter Opening/Closing E 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 y approval. D T 6. Reimbursement: The Red Cross will reimburse the Owner for the following: U A 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 0 at actual cash value. The Red Cross will select from among bids from at least three reputable j contractors. The Red Cross is not responsible for storm damage or other damage caused by the v disaster. o: c 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 d the Premises(both parties must initial all utilities to be reimbursed by the Red Cross): E a City initials Red Cross initials Water E r 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 2 Rev. 12-07 Packet Pg. 49 F.0 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 Right 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. u 10. Casualty or Condemnation Affecting Premises. Notwithstanding anything in this Agreement to the N contrary, in the event that damage or casualty to all or a part of the Premises,this Agreement shall L terminate and Red Cross shall have no right to restoration of the Premises or to receive any N compensation whatsoever. N 11. Legal 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 o Notice set forth at the beginning of the Agreement, or upon receipt if delivered by hand or recognized 0 overnight delivery service. Either party may change its address for the purpose of Legal Notice 0 hereunder by providing the other party with notice of the new address. 12. Governing Law and Binding 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. E 13. Incorporation. The Facilities Use Agreement shall be interpreted in conjuction with the Disaster a 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. E L ¢ d City of San Bernardino THE AMERICAN NATIONAL RED CROSS (legal name) (legal name) w U R LL By(signature) By(signature) N 0 U Name(printed) Name (printed) c n U Title Title E Date Date c d E z u 0 Q 3 Rev. 12-07 Packet Pg. 50