HomeMy WebLinkAboutAmerican Red Cross - Facility Use Agreement disaster relief Mosqueda Center 4670 E Butler Ave �+ American
Red Cross 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,
This agreement shall be subject to that certain Agreement Concerning the Use of City of Fresno Community Center
Facilities as Mass Shelters by the Fresno-Madera Chapter, American National Red Cross by and between Red Cross
and Owner dated effective December 14, 1988 (the "Existing Agreement"). The Existing Agreement shall govern
matters(including but not limited to indemnity) that are not covered in this agreement, and shall control in the event of
a conflict between the terms of this Agreement and the Existing Agreement.
Parties and Facility
Owner:
Full Name of Owner City of Fresno- Mosqueda Center
Address 4670 E Butler Ave, Fresno, CA 93702
24-Hour Point of Contact PeryIF P;f_.4ele� TJ M i I l e r-
Name and Title PARCS Director
Work Phone (&5&)24&9Q&& (55c) 0 .0-702
Cell Phone Kristina Chamberlin
PARCS Assistant Director
559 903-9020
Address for Official Pel-V Jelema, T J M I I I-elr
Notices (only if different PARCS Director
from above address) 1515 E Divisadero St, Fresno, CA 93721
Red Cross:
Chapter Name Central Valley Chapter
Chapter Address 1300 West Shaw, Suite 48
24-Hour Point of Contact National Dispatch: 1-855-891-7325
Name and Title Local ARC: Kate Henry, Sr. DPM Cell: (559)317 7022
Work Phone
Cell Phone
Address for Official American Red Cross, Disaster Cycle Services Logistics, 8550 Arlington Blvd., Fairfax,
Notices VA 22031
Facility:
Insert name and complete street address of building or, if multiple buildings,write"See attached facility list,"and attach
facility list, including complete street address of each building that is part of this agreement. If the Red Cross will use
only a portion of a building, then describe the portion of the building that the Red Cross will use.
City of Fresno-Mosqueda Center
4670 E Butler Avenue,
Fresno, CA 93702
To be used: Gym and Kitchen and Cafeteria,outdoor area for pets if needed.
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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 44L
Parking of vehicles be 1'.
Disaster Shelter PIC I
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_Fa�: 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. SecuritvlSafety: 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 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 Crass 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.
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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 charge fee for the use of the
Owner initials: Red Cross initials:
o e,
b. The Red Cross will j6r da eeklmonth circle one)for the right to use and occupy the Facility.
Owner initials: -?ILL 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):
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.
11. Insurances
a. Throughout the life of this Agreement, Red Cross shall pay for and maintain in full force and effect all
insurance as required in Exhibit A, which is incorporated into and part of this Agreement, with an
insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in
the State of California and rated no less than "A-Vll" in the Best's Insurance Rating Guide, or(ii) as may
be authorized in writing by City's Risk Manager or designee at any time and in his/her sole discretion.
The required policies of insurance as stated in Exhibit A shall maintain limits of liability of not less than
those amounts stated therein. However, the insurance limits available to Owner, its officers, officials,
employees, agents and volunteers as additional insureds, shall be the greater of the rrtinimum limits
specified therein or the full limit of any insurance proceeds to`the named insured.
b. If at any time during the life of the Agreement or any, e,iN, nslon, Red Cross ar•any 'of its
subcontractorslsub-consultants fail to maintain any required insurance in full force and effect, all
services and work under this Agreement shall be discontinued immediately until notice is received by
Owner that the required insurance has been restored to full force and effect and that the premiums
therefore have been paid for a period satisfactory to Owner. Any failure to maintain the required
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6. Red Cross Facility Use Agreement
insurance shall be sufficient cause for Owner to terminate this Agreement. No action taken
by Owner pursuant to this section shall in any way relieve Red Cross of its responsibilities under this
Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation,
notification received by Owner that an insurer has commenced proceedings, or has had proceedings
commenced against it, indicating that the insurer is insolvent.
c. The fact that insurance is obtained by Red Cross shall not be deemed to release or diminish the liability
of Red Cross, including, without limitation, liability under the indemnity provisions of this Agreement.
The duty to indemnify Owner shall apply to all claims and liability regardless of whether any insurance
policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to
be provided by Red Cross. Approval or purchase of any insurance contracts or policies shall in no way
relieve from liability nor limit the liability of Red Cross, its principals, officers, agents, employees,
persons under the supervision of Red Cross, vendors, suppliers, invitees, consultants, sub-consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
d. If Red Cross should subcontract all or any portion of the services to be performed under this
Agreement, Red Cross shall require each subcontractor/sub-consultant to provide insurance protection,
as an additional insured, to the Owner and each of its officers, officials, employees, agents and
volunteers in accordance with the terms of this section, except that any required certificates and
applicable endorsements shall be on file with Red Cross and Owner prior to the commencement of any
services by the subcontractor. Red Cross and any subcontractor/sub-consultant shall establish
additional insured status for Owner, its officers, officials, employees, agents and volunteers by using
Insurance Service Office (ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or
by an executed manuscript company endorsement providing additional insured status as broad as that
contained in ISO Form CG 20 10 11 85.
12. 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.
City of Fresno The American National Red Cross
k h 1 ter- f r N
Owner(Legal Na Le l Name)
By(Sig ature) 46-
PeMny (Signature)
. A 4,:Tom] V,l I-e-( Kathleen Henry,
Parks, After School, Recreation and Community Senior Disaster Program Manager
Services(PARCS)Director
Date Date
APPROVED AS TO FORM:
DOUGLAS T.SLOAN,
City Attor y
By:
Deput ity Attorney
ATTEST:
YVONNE SPENCE, CRM MMC
City Cle
By:
Deputy
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Red Cross Facility Use Agreement
EXHIBIT A
INSURANCE REQUIREMENTS
Facility Use Agreement between City of Fresno(City)
and Red Cross (User)
Emergency Use of Mos ueda Center
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage
Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial
General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily
injury," "property damage" and "personal and advertising injury" with coverage for premises and
operations (including the use of owned and non-owned equipment), products and completed operations,
and contractual liability (including, without limitation, indemnity obligations under the Agrepment) with
limits of liability not less than those set forth under"Minimum Limits of insurance."
2. The most current version of ISO "Commercial Auto Coverage Form CA 00 01, providing liability
coverage arising out of the ownership, maintenance or use of automobiles in the course of your
business operations. The Automobile Policy shall be written on an occurrence form and shall provide
coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any
Auto). If personal automobile coverage is used, the City, its officers, officials, employees, agents, and
volunteers are to be listed as additional insureds.
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Professional Liability including both (Abuse & Molestation) & (Medical Malpractice) Insurances that
insures against liability arising out of the bodily injury, personal injury, including mental anguish, and
third-party property damage occurring because of the wrongful or negligent acts attributable to the
institution. The Abuse & Molestation coverage should protect against a wide range of potential claims,
including but not limited to athletics, alcohol, assault, verbal and/or physical abuse, campus crime,
sexual molestation, and other sexual misconducts. The Medical Malpractice coverage should protect
against any claims of medical negligence.
MINIMUM LIMITS OF INSURANCE
User, or any party the User subcontracts with, shall maintain limits of liability of not less than those set forth below.
However, insurance limits available to City, its officers, officials, employees, agents and volunteers as additional
insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available
to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily iniury and property damage•
(ii) 1 -000 000 per occurrence for personal and advertising iniur
(iii) $2,000,000 aggregate for products and completed operations: and,,
(iv) $2,000,000 general aggregate applyin-g-separately to the work Performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of California with statutory limits.
4. EMPLOYER'S LIABILITY:
0) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. Professional Liability (Abuse & Molestation and Medical Malpractice):
0) $2,000,000 per claim/occurrence; and,
(ii) $4,000,000 policy aggregate.
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UMBRELLA OR EXCESS INSURANCE
In the event User purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance,"
this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In
addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the
benefit of the City, its officers, officials, employees, agents, and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
User shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and
User shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions
must be declared to on the Certificate of Insurance, and approved by, the City's Risk Manager or designee. At the
option of the City's Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
City, its officers,officials,employees,agents and volunteers
(ii) User shall provide a financial guarantee, satisfactory to City's Risk Manacier or design
guaranteeing payment of losses and related investiciations, claim administration and defense
expenses. At no time shall City be responsible for the payment of any deductibles or self-
insured retentions.
OTHER INSURANCE PROVISIONSIENDORSEIIAENTS
The General Liabilit and Automobiie Liability insurance olicies are to contain, or be endorsed to contain, the following
provisions:
1. City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds.
User shall establish additional insured status for the City and for all ongoing and completed operations
by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed
manuscript insurance company endorsement providing additional insured status as broad as that
contained in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers,
officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the
specified minimum limits and coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, User's insurance coverage shall be primary insurance with
respect to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees, agents, and volunteers shall be
excess of User's insurance and shall not contribute with it. User shall establish primary and non-
contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance
company endorsement that provides primary and non-contributory status as broad as that contained in
ISO Form CG 20 01 04 13.
4. Should any of these policies provide that the defense costs are paid within the Limits of Liability, thereby
reducing the available limits by defense costs, then the requirement for the Limits of Liability of these
polices will be twice the above stated limits.
The Workers'Corn ensation insurance Polic is to contain, or be endorsed to contain, the following provision: User and
its insurer shall waive any right of subrogation against City, its officers, officials, employees, agents, and volunteers.
If the Professional Liability Abuse & Molestation Medical Mal ractice insurance volicy is written on a claims-made
form:
1. The retroactive date must be shown, and must be before the effective date of the Agreement or the
commencement of work by User.
2. Insurance must be maintained and evidence of insurance must be provided for at least five years after
completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the
alternative, the policy shall be endorsed to provide not less than a five year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a
retroactive date prior to the effective date of the Agreement or the commencement of work by User,
User must purchase "extended reporting" coverage for a minimum of five years completion of the
Agreement work or termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to City for review.
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Agreement. 5. These requirements shall survive expiration or termination of the
All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled,
non-renewed, reduced in coverage or in limits except after 30 calendar days' written notice by certified mail,
return receipt requested, has been given to City. User is also responsible for providing written notice to the City
under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of
cancellation, non-renewal, or reduction in coverage or in limits, User shall furnish City with a new certificate and
applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be
performed for City, User shall provide a new certificate, and applicable endorsements, evidencing renewal of
such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing
the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the
above stated limits.
The fact that insurance is obtained by User shall not be deemed to release or diminish the liability of User, including,
without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation
upon the amount of indemnification to he provided by User. Approval or purchase of any insurance contracts or policies
shall in no way relieve from Ilability nor limit the liability of User, its principals, officers, agents, employees, persons
under the supervision of User, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone
employed directly or indirectly by any of them.
SUBCONTRACTORS --If CONSULTANT subcontracts any or all of the services to be performed under this Agreement,
CONSULTANT shall require, at the discretion of the City Risk Manager or designee, subcontractor(s) to eater into a
separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side
Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by City
Risk Manager or designee. If no Side Agreement is required, CONSULTANT will be solely responsible for ensuring that
its subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary
in the relevant industry.
VERIFICATION OF COVERAGE
User shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder.
All certificates and applicable endorsements are to be received and approved by the City's Risk Manager or
designee prior to City's execution of the Agreement and before work commences. All non-ISO endorsements
amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of City,
User shall immediately furnish City with a complete copy of any insurance policy required under this Agreement,
including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original
policy. This requirement shall survive expiration or termination of this Agreement.
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