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HomeMy WebLinkAboutE-10 Staff Report - RED CROSS finalCONSENT ITEM E-10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MIKI CARPENTER, DIRECTOR OF COMMUNITY RESOURCES DATE: JULY 17, 2023 SUBJECT: APPROVE FACILITY USE AGREEMENT WITH AMERICAN RED CROSS, LOS ANGELES REGION FOR DISASTER RELIEF ACTIVITIES BACKGROUND: In the event of a disaster, all City employees become disaster service workers. The Community Resources Department, in partnership with local and regional resources will utilize the North Recreation Center (NRC) and Memorial Park Recreation Center at Memorial Park in Azusa for disaster services. Other City facilities may also be considered if the need arises. The American Red Cross, Los Angeles Region a non-profit corporation, provides services to individuals, families and communities when disasters strike. Red Cross can operate public facilities to provide services during a disaster when requested. Recommendations: Staff recommends that the City Council take the following actions: 1) Approve Facility Use Agreement with American Red Cross, Los Angeles Region, to permit shelters and other service delivery sites for disaster victims to be set up, at City of Azusa Facilities; and 2)Authorize the City Manager to execute the Facility Use Agreement, in a form acceptable to the City Attorney, on behalf of the City, subject to non-substantive changes made by the City Manager and City Attorney. Approved City Council July 17, 2023 Facility Use Agreement RED CROSS July 1 7, 2023 Page 2 ANALYSIS The American Red Cross disaster relief activities are made possible through grants and donations. Additionally, the disaster services of the American Red Cross are also supported by facility owners who permit them to use their buildings as shelters and other service delivery sites for disaster victims. The aim of this agreement is to provide disaster services for Azusa residents and the surrounding community should the need arise. Fiscal Impact: There is no fiscal impact associated with the recommended actions. If the disaster is a Federally- declared disaster and Owner is a municipal or state government entity, then the City will work with appropriate emergency management agencies to seek cost reimbursement for time and supplies for these activities through the Federal Emergency Management Agency’s program for administering Public Assistance Category B under the Robert T. Stafford Act. There is no fee charged for these disaster services. Prepared by: Reviewed and Approved by: RJ Saldaña Miki Carpenter Recreation Manager Director, Community Resources Fiscal Review by: Reviewed and Approved by: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager Attachments: 1) Facility Use Agreement for American Red Cross, Los Angeles Region Facility Use Agreement T - 2 City of Azusa Draft FUA (7.10.23) Agreement Page 1 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: RC View NSS Facility Site Identification Number: Full Name of Owner City of Azusa Address 213 East Foothill Blvd, Azusa, CA 91702 24-Hour Point of Contact Name and Title Work Phone Cell Phone Miki Carpenter, Director of Community Resources Office: 626-812-5220 24-Hour Phone: 626-633-2709 E-mail: mcarpenter@azusaca.gov Address for Official Notices (only if different from above address) Red Cross: Chapter Name American Red Cross, Los Angeles Region Chapter Address 1450 S Central Ave, Los Angeles CA 90021 24-Hour Point of Contact Name and Title Work Phone Cell Phone Disaster Duty Officer (800) 675-5799 Address for Official Notices 1450 S Central Ave, Los Angeles CA 90021 Facility: Memorial Park North Recreation Center 340 N. Orange Place, Azusa, CA 91702 Memorial Park Gym 320 N. Orange Place, Azusa, CA 91702 Other Facilities may include: Azusa Senior Center, Azusa Woman’s Club, or other City facilities deemed appropriate. Facility Use Agreement T - 2 City of Azusa Draft FUA (7.10.23) Agreement Page 2 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 Service Center (Operations, Client Services, or Volunteer Intake) Storage of supplies Parking of vehicles Disaster Shelter 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. a. Owner at its sole discretion, may require a certain number of security officers for the event. The Red Cross shall be responsible for procuring and paying for security officers through the City of Azusa or a private security agency. b. The Red Cross is solely responsible for supervising all individuals at the FACILITY and adjoining property during the event. The OWNER is not responsible for providing this supervision. However, the OWNER may evict individuals from the FACILITY during the event if their conduct is not in the best interest of the public or is deemed to be detrimental in any way. Facility Use Agreement T - 2 City of Azusa Draft FUA (7.10.23) Agreement Page 3 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 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. Equipment and Accessories: a. The Red Cross shall not remove, relocate, or take OWNER property outside of the FACILITY for any reason without the prior written approval of the OWNER’s Manager or his/her designee. b. The Red Cross shall not use OWNER equipment, tools, or furnishings located in or about the FACILITY without the prior written approval of the OWNER’S Manager or his/her designee. c. The Red Cross shall not drive motorized vehicles on field or green space. 9. 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. 10. 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 charge a fee for the use of the Facility. Owner initials: Red Cross initials: b. The Red Cross will pay $ per day / week / month (circle one) for the right to use and occupy the Facility. Owner initials: Red Cross initials: Facility Use Agreement T - 2 City of Azusa Draft FUA (7.10.23) Agreement Page 4 11. Reimbursement: Subject to the conditions in paragraph 11(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): Utility Owner Initials Red Cross Initials Water 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 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. Facility Use Agreement T - 2 City of Azusa Draft FUA (7.10.23) Agreement Page 5 12. 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. a. The Red Cross shall file certificates of such insurance with the City of Azusa, which shall be endorsed to provide thirty (30) days’ notice to the City of Azusa of cancellation or any change of coverage or limits. If a copy of the insurance certificate is not on file prior to the event, the OWNER may deny access to the FACILITY. 13. 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. The Red Cross shall indemnify, defend, and hold harmless the City of Azusa, its officers, employees, and agents from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with Red Cross use or occupancy of the FACILITY and adjoining property, unless solely caused by the gross negligence or willful misconduct of the City of Azusa its officers, employees, or agents. 14. Miscellaneous: a. The Red Cross shall comply with all local, state, and federal laws and regulations related to the use of the FACILITY. The Red Cross agrees to abide by all applicable federal and state accessibility standards and regulations. b. The Red Cross shall not admit a larger number of individuals than can lawfully, safely, and freely move about the FACILITY. c. Gambling of any kind is not permitted at the FACILITY. d. Smoking is not permitted at the FACILITY. e. No animals are permitted at the FACILITY, with the exception of service animals. Under the Americans with Disabilities Act, service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. f. If The Red Cross violates any part of this AGREEMENT or reports false information to the Owner the Owner may refuse The Red Cross further use of the FACILITY. g. The Owner may impose additional requirements as deemed necessary to protect the health, safety, and/or welfare of the community. h. Any person aggrieved by the OWNER’s decision with respect to this AGREEMENT may appeal to the OWNER’s Manager or his/her designee in writing no later than five (5) days after the OWNER’s decision has been communicated to the aggrieved party. i. If any provision of this AGREEMENT is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. 15. 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. Facility Use Agreement T - 2 City of Azusa Draft FUA (7.10.23) Agreement Page 6 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. OWNER RED CROSS City of Azusa The American National Red Cross Owner (Legal Name) (Legal Name) By (Signature) By (Signature) Sergio Gonzalez Gerald A. Thomas Name (Printed) Name (Printed) City Manager Los Angeles Region Chief Operations Officer Title Title Date Date