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HomeMy WebLinkAboutAGR-7797 - THE AMERICAN NATIONAL RED CROSS -FACILITY USE AGREEMENTDocusign Envelope ID:9A8A0A62-374A-4CF6-A24A-979704E2CCAD AGR- Jim American Entered on: June 24, 2025 Fr7RedCross Facility Use Agreement The American National Red Cross ("Red Cross"), a non-profit corporation chartered by the United States Congress, provides services to individuals, families, and communities when disasters strike. The disaster relief activities of the Red Cross are made possible by the American public, who support the Red Cross with generous donations. The Red Cross's disaster services are also supported by facility owners who permit the Red Cross to use their buildings as shelters and other service delivery sites for disaster victims. This agreement is between the Red Cross and a facility owner ("Owner") so the Red Cross can use the facility to provide services during a disaster. This agreement only applies when Red Cross requests use of the facility and is managing the activity at the facility. Parties and Facility Owner: Full Name of Owner City of Orange Address 300 E. Chapman Avenue 24-Hour Point of Contact Emily Bustamante Name and Community Services Assistant Director Title Work 562-308-8189 Phone Cell Address for Official Fire Headquarters Notices (only if different 1176 E. Chapman Avenue from above Orange, CA 92866 Red Cross: Chapter Name American Red Cross of Orange County Chapter Address 600 Parkcenter Drive, Santa Ana, CA 92705 24-Hour Point of Contact Monica Ruzich Name and Disaster Program Manager Title Work 714) 673-7423 Phone Cell 714)481-5329 Address for Official American Red Cross, Disaster Cycle Services Logistics, 8550 Arlington Blvd., Notices Fairfax, VA 22031 Facility: Grijalva Park Sports Center: 368 N. Prospect St. Orange, CA 92869 Orange Senior Center: 170 S. Olive St Orange, CA 92866 Shaffer Park: 1930 N. Shaffer St. Orange, CA 92865 LOG Facility Use Agreement Form V.6.0 2025-03-20 1 Docusign Envelope ID:9A8A0A62-374A-4CF6-A24A-979704E2CCAD Terms and Conditions 1. Use of Facility: Upon request and if feasible, Owner will permit the Red Cross to use and occupy the Facility on a temporary basis to conduct emergency, disaster-related activities. The Facility may be used for the following purposes (both parties must initial all that apply): Facility Purpose Owner Initials Red Cross Initials DS Service Center (Operations, Client Services, or Volunteer Intake)L It DS Storage of supplies Ds V/4 Parking of vehicles L11. -DS Disaster Shelter I tr 2. Facility Management: The Red Cross will designate a Red Cross official to manage the activities at the Facility ("Red Cross Manager"). The Owner will designate a Facility Coordinator to coordinate with the Red Cross Manager regarding the use of the Facility by the Red Cross. 3. Condition of Facility: The Facility Coordinator and Red Cross Manager (or designee) will jointly conduct a survey of the Facility before it is turned over to the Red Cross. They will use the first page of the Red Cross's Facility/Shelter Opening/Closing Form to record any existing damage or conditions. The Facility Coordinator will identify and secure all equipment in the Facility that the Red Cross should not use. The Red Cross will exercise reasonable care while using the Facility and will not modify the Facility without the Owner's express written approval. 4. Food Services (This paragraph applies only when the Facility is used as a shelter or service center.): Upon request by the Red Cross, and if such resources are available, the Owner will make the food service resources of the Facility, including food, supplies, equipment and food service workers, available to feed the shelter occupants. The Facility Coordinator will designate a Food Service Manager to coordinate meals at the direction of and in cooperation with the Red Cross Manager. The Food Service Manager will establish a feeding schedule and supervise meal planning and preparation. The Food Service Manager and Red Cross Manager will jointly conduct a pre-occupancy inventory of the food and food service supplies before the Facility is turned over to the Red Cross. When the Red Cross vacates the Facility, the Red Cross Manager and Facility Coordinator or Food Service Manager will conduct a post-occupancy inventory of the food and supplies used during the Red Cross's activities at the Facility. 5. Custodial Services (This paragraph applies only when the Facility is used as a shelter or service center.): Upon request of the Red Cross and if such resources are available, the Owner will make its custodial resources, including supplies and workers, available to provide cleaning and sanitation services at the Facility. The Facility Coordinator will designate a Facility Custodian to coordinate these services at the direction of and in cooperation with the Red Cross Manager. 6. Security/Safety: In coordination with the Facility Coordinator, the Red Cross Manager, as he or she deems necessary and appropriate, will coordinate with law enforcement regarding any security and safety issues at the Facility. 7. Signage and Publicity: The Red Cross may post signs identifying the Facility as a site of Red Cross operations in locations approved by the Facility Coordinator. The Red Cross will remove such signs when the Red Cross concludes its activities at the Facility. The Owner will not issue press releases or other publicity concerning the Red Cross's activities at the Facility without the LOG Facility Use Agreement Form V.6.0 2025-03-20 2 Docusign Envelope ID:9A8A0A62-374A-4CF6-A24A-979704E2CCAD written consent of the Red Cross Manager. The Owner will refer all media questions about the Red Cross activities to the Red Cross Manager. 8. Closing the Facility: The Red Cross will notify the Owner or Facility Coordinator of the date when the Red Cross will vacate the Facility. Before the Red Cross vacates the Facility, the Red Cross Manager and Facility Coordinator will jointly conduct a post-occupancy inspection, using the second page of the Shelter/Facility Opening/Closing Form, to record any damage or conditions. 9. Fee (This paragraph does not apply when the Facility is used as a shelter. The Red Cross does not pay fees to use facilities as shelters.): Both parties must initial one of the two statements below: DS a. Owner will not hargta fee for the use of the Facility. Owner Initials l ll.• Red Cross Initials b. The Red Cross will pay $_ per: _for the right to use and occupy the Facility Owner Initials Red Cross Initials 10. Reimbursement: Subject to the conditions in paragraph 10(e) below, the Red Cross will reimburse the Owner for the following: a. Damage to the Facility or other property of Owner, reasonable wear and tear excepted, resulting from the operations of the Red Cross. Reimbursement for facility damage will be based on replacement at actual cash value. The Red Cross, in consultation with the Owner, will select from 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 costs associated with custodial and food service personnel and supplies which would not have been incurred but for the Red Cross's use of the Facility. The Red Cross will reimburse at per-hour, straight-time rate for wages actually incurred but will not reimburse for(i) overtime or (ii) costs of salaried staff. c.Reasonable, actual, out-of-pocket costs for the utilities indicated below, to the extent that such costs would not have been incurred but for the Red Cross's use of the Facility. Both parties must initial all utilities that may be reimbursed by the Red Cross): D8 Oaer Initials Red Cross Initials Water i os Gas Electricity Ds Waste Disposal L d. The Owner 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. Any request for reimbursement for personnel costs must be accompanied by a list of the personnel with the dates and hours worked. e.If the disaster is a Federally declared disaster and Owner is a municipal, county, parish, or state government entity, then the Owner will work with appropriate emergency management agencies to seek cost reimbursement through the Federal Emergency Management Agency's program for administering Public Assistance Category B under the Robert T. Stafford Act. The Red Cross is not obligated to reimburse the Owner for costs covered by Public Assistance Category B. LOG Facility Use Agreement Form V.6.0 2025-03-20 3 Docusign Envelope ID:9A8A0A62-374A-4CF6-A24A-979704E2CCAD 11. 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 Workers' Compensation coverage with statutory limits for the jurisdiction within which the facility is located and $1,000,000 in Employers' Liability. 12. Indemnification: The Red Cross shall defend, hold harmless, and indemnify Owner against any legal liability, including reasonable attorney fees, in respect to claims for bodily injury, death, and property damage arising from the negligence of the Red Cross during the use of the Facility. 13. 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. Digital Signature: Each party agrees that either party's execution of this agreement by DIGITAL signature whether ELECTRONIC or encrypted) is expressly intended to authenticate this AGREEMENT and to have the same force and effect as manual signatures. The term DIGITAL signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or email electronic signatures. The use of digital signatures is intended to facilitate more efficient execution and delivery of signed documents. City of Orange The American National Red Cross Owner(Legal Name) Legal Name) r—DocuSigned by: n5§gnature) By (Signature) Thomas C. Kisela Name (Printed) Name (Printed) City Manager Title Title 7/7/25 Date Date ATTEST: Signed by: Utl bE (,b bEh4SA.. Pamela Loleman, City Clerk APPROVED AS TO FORM: p—DocuSigned by: l.0 iU/ C. /4t(A... Nathaiie.c`ourian Senior Assistant City Attorney LOG Facility Use Agreement Form V.6.0 2025-03-20 4 Docusign Envelope ID:9A8A0A62-374A-4CF6-A24A-979704E2CCAD written consent of the Red Cross Manager. The Owner will refer all media questions about the Red Cross activities to the Red Cross Manager. 8. Closing the Facility: The Red Cross will notify the Owner or Facility Coordinator of the date when the Red Cross will vacate the Facility. Before the Red Cross vacates the Facility, the Red Cross Manager and Facility Coordinator will jointly conduct a post-occupancy inspection, using the second page of the Shelter/Facility Opening/Closing Form, to record any damage or conditions. 9. Fee (This paragraph does not apply when the Facility is used as a shelter. The Red Cross does not pay fees to use facilities as shelters.): Both parties must initial one of the two statements below: a. Owner will not a ga fee for the use of the F/acility. Owner Initials II ll Red Cross Initials ( Jj b. The Red Cross will pay $_ per: for the right to d o upy the Facility Owner Initials Red Cross Initials 10. Reimbursement: Subject to the conditions in paragraph 10(e) below, the Red Cross will reimburse the Owner for the following: a. Damage to the Facility or other property of Owner, reasonable wear and tear excepted, resulting from the operations of the Red Cross. Reimbursement for facility damage will be based on replacement at actual cash value. The Red Cross, in consultation with the Owner, will select from 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 costs associated with custodial and food service personnel and supplies which would not have been incurred but for the Red Cross's use of the Facility.The Red Cross will reimburse at per-hour, straight-time rate for wages actually incurred but will not reimburse for (i) overtime or(ii) costs of salaried staff. c. Reasonable, actual, out-of-pocket costs for the utilities indicated below, to the extent that such costs would not have been incurred but for the Red Cross's use of the Facility. Both parties must initial all utilities that may be reimbursed by the Red Cross): os OrFr InitialsCr.Red C s InitialsOr Water i sir Gas Electricity Waste Disposal d. The Owner 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. Any request for reimbursement for personnel costs must be accompanied by a list of the personnel with the dates and hours worked. e. If the disaster is a Federally declared disaster and Owner is a municipal, county, parish, or state government entity, then the Owner will work with appropriate emergency management agencies to seek cost reimbursement through the Federal Emergency Management Agency's program for administering Public Assistance Category B under the Robert T. Stafford Act. The Red Cross is not obligated to reimburse the Owner for costs covered by Public Assistance Category B. LOG Facility Use Agreement Form V.6.0 2025-03-20 3 Docusign Envelope ID:9A8A0A62-374A-4CF6-A24A-979704E2CCAD 11. 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 Workers' Compensation coverage with statutory limits for the jurisdiction within which the facility is located and $1,000,000 in Employers' Liability. 12. Indemnification: The Red Cross shall defend, hold harmless, and indemnify Owner against any legal liability, including reasonable attorney fees, in respect to claims for bodily injury, death, and property damage arising from the negligence of the Red Cross during the use of the Facility. 13. 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. Digital Signature: Each party agrees that either parry's execution of this agreement by DIGITAL signature whether ELECTRONIC or encrypted)is expressly intended to authenticate this AGREEMENT and to have the same force and effect as manual signatures.The term DIGITAL signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or email electronic signatures. The use of digital signatures is intended to facilitate more efficient execution and delivery of signed documents. City of Orange The American National Red Cross Owner(Legal Name)Legal Name) EttoKDocuSlgned by: iOtS C. iSal• F 30A74 @8°y( ignaure)By(S•/ture) Thomas C. Kisela Name(Printed) Name(Printed) City Manager I&1cA.C) liS'4424/ICLt Title Title 7/7/25 61r-f/20 Date Date ATTEST: Signed by: tro t etr sa... Pamela d"o"Ieman, City Clerk APPROVED AS TO FORM: DocuSigned by: N ha`(le H-Oourlan Senior Assistant City Attorney J LOG Facility Use Agreement Form V.6.0 2025-03-20 4 Docusign Envelope ID:9A8A0A62-374A-4CF6-A24A-979704E2GGAD PET ADDENDUM TO FACILITY USE AGREEMENT This Pet Addendum to Facility Use Agreement("Addendum") is hereby annexed to and made a part of the Facility Use Agreement("Agreement") having an effective date of June 24 2025,and entered into between City of Orange ("Owner") and The American National Red Cross, a nonprofit corporation, a Federally chartered instrumentality of the United States, and a body corporate under the laws of the United State(36 U.S.C.§§300101-300111(2007) ("Red Cross"). Owner and Red Cross are each sometimes referred to herein as a "Party" and collectively, as "Parties", as the context requires. Capitalized terms used, but not defined herein have the meanings set forth in the "Agreement". Owner hereby grants permission to the Red Cross to permit its clients while occupying a portion of the Premises ("Client") to keep only those pet(s) described below upon the terms and conditions in this Addendum. All pets are subject to the following general policies: 1.Clients' household pets, including assistance/therapy animals (each as defined by applicable law) are permitted to be kept on and in the area of the Facility or other areas (designated by Owner) in the building. 2.Clients' service and/or guide animals (as defined by applicable law) are permitted to be kept in the same area of the Facility as the Client. 3.At all times when a client's pet is outside the Pet Area,the pet must be secured by either a leash, or in a carrier or other container and restrained in such a way so as not to cause any damage to people or the Facility. Except for service and/or guide animals, no pet is permitted in any part of the Facility, other than the Pet Area, or other areas designated and approved by Owner. 4.Owner's personnel shall avoid physical contact with any pet and shall enter the Pet Area only accompanied by the Red Cross Representative (identified in the Agreement) or Animal Welfare Organization (AWO) providing care and/or support of the pet. 5.Red Cross agrees that it, acting through the AWO, shall be responsible for sheltering, feeding, maintaining, and overseeing the welfare of the pets in compliance with all applicable laws and regulations, including but not limited to all state law and local ordinances regarding pet ownership and liability. 6.The Parties may execute and deliver this Addendum in counterparts. 7.Except as otherwise set forth in this Addendum, the terms of the Agreement remain in effect. 8.The term of this Addendum shall be coterminous with the term of the Agreement. The Parties have executed and delivered this Addendum as of the Effective Date. Signatures follow on next page] Page 1of2 Docusign Envelope ID:9A8A0A62-374A-4CF6-A24A-979704E2CCAD IN WITNESS WHEREOF, the Parties, acting through their duly authorized officers, have executed this Contract,which shall come into force as of the latest date of the signatures below. OWNER RED CROSS City of Orange, a municipal corporation The American National Red Cross By: EDocuSigned by: rtaKULS C. 6Sdht By: BFAAF5B: 83fho 685 Print Name 4mas C. Kisela Signature Title: City Manager Print Name: ATTEST: CSigned by:Title: DB2 F63A Pamela Coleman, City Clerk APPROVED AS TO FORM: r—DocuSIgned by: rit i gPin'cl"au r i a n Senior Assistant City Attorney d Page 2 of 2 Docusign Envelope ID:9A8A0A62-374A-4CF6-A24A-979704E2CCAD PET ADDENDUM TO FACILITY USE AGREEMENT This Pet Addendum to Facility Use Agreement ("Addendum") is hereby annexed to and made a part of the Facility Use Agreement("Agreement") having an effective date of June 24 2025,and entered into between City of Orange ("Owner") and The American National Red Cross, a nonprofit corporation, a Federally chartered instrumentality of the United States, and a body corporate under the laws of the United State(36 U.S.C.§§300101-300111(2007)("Red Cross"). Owner and Red Cross are each sometimes referred to herein as a "Party" and collectively, as "Parties", as the context requires. Capitalized terms used, but not defined herein have the meanings set forth in the"Agreement". Owner hereby grants permission to the Red Cross to permit its clients while occupying a portion of the Premises ("Client") to keep only those pet(s) described below upon the terms and conditions in this Addendum. All pets are subject to the following general policies: 1. Clients' household pets, including assistance/therapy animals (each as defined by applicable law) are permitted to be kept on and in the area of the Facility or other areas (designated by Owner) in the building. 2. Clients' service and/or guide animals (as defined by applicable law) are permitted to be kept in the same area of the Facility as the Client. 3. At all times when a client's pet is outside the Pet Area,the pet must be secured by either a leash, or in a carrier or other container and restrained in such a way so as not to cause any damage to people or the Facility. Except for service and/or guide animals, no pet is permitted in any part of the Facility, other than the Pet Area, or other areas designated and approved by Owner. 4. Owner's personnel shall avoid physical contact with any pet and shall enter the Pet Area only accompanied by the Red Cross Representative (identified in the Agreement) or Animal Welfare Organization (AWO) providing care and/or support of the pet. 5. Red Cross agrees that it, acting through the AWO, shall be responsible for sheltering, feeding, maintaining, and overseeing the welfare of the pets in compliance with all applicable laws and regulations, including but not limited to all state law and local ordinances regarding pet ownership and liability. 6. The Parties may execute and deliver this Addendum in counterparts. 7. Except as otherwise set forth in this Addendum, the terms of the Agreement remain in effect. 8. The term of this Addendum shall be coterminous with the term of the Agreement. The Parties have executed and delivered this Addendum as of the Effective Date. Signatures follow on next page] Page 1 of 2 Docusign Envelope ID:9A8A0A62-374A-4CF6-A24A-979704E2CCAD IN WITNESS WHEREOF, the Parties, acting through their duly authorized officers, have executed this Contract,which shall come into force as of the latest date of the signatures below. OWNER RED CROSS City of Orange,a municipal corporation The American National Red Cross By: [ DowSigned by. flLIa. By: 1 Print Nameromas C. Kisela Signatur LJ Title: City Manager Print Name: 6/‘ k )/ ATTEST: pp Est. dby: Title: T)L / 1C2,4... PameVeman,City Clerk APPROVED AS TO FORM: 104 "i Irian Senior Assistant City Attorney V Page 2 of 2