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HomeMy WebLinkAboutAMERICAN NATIONAL RED CROSS 1NSURANCE ON FILE A-2026-014 PROOEEL) American O.-FDO' Red Cross Facility Use Agreement UMDRµ•Sa,ensok __�' 2��6 (DZ) 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 Santa Ana Address 20 Civic Center Plaza, Santa Ana, CA 92701 24-Hour Point of Contact Steve Rhyner, Emergency Operations Coordinator Name and Work 714-647-5315, Cell 714-418-7449 Title Work srhyner@santa-ana.org Phone Cell Address for Official Same Notices (only if different from above 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 Notices Blvd., Fairfax, 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. See Attachment A LOG Facility Use Agreement Form V.6.0 2025-03-20 1 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 surrey 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 Reef 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. Signa_a 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 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 ShelterfFacility 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 c r a fee for the use of the F ility. Owner Initials Red Cross Initials b. The Red Cross will pay der: for the right to use and occupy the Facility 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 properly 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)- OwperInitialls Red C oss Initials Water Gas Electricity Waste DisposalUL 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 LOG Facility Use Agreement Form V.6.0 2025-03-20 3 reimburse the Owner for costs covered by Public Assistance Category B. 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 December 31, 2035. Digital Signature: Each party agrees that either part'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 Santa Ana The American National Red Cross Owner(Legal Name) (Le al N me) By (Signature) By (Sig ature) See attached signature page Debbie Leahy Name (Printed) Name (Printed) Regional Disaster Officer Title Ti e Date Date LOG Facility Use Agreement Form V.6.0 2025-03-20 4 City of Santa Ana and American Red Cross 2025 Facility Use Agreement Attachment A, List of Santa Ana Facilities Facility Name and Address Santa Ana Senior Center 424 West Third Street 92701 Roosevelt/Walker Community Center 816 E. Chestnut Avenue 92701 Garfield Community Center 501 N. Lacy Street 92701 Salgado Recreation Center 706 North Newhope Street 92703 El Salvador Community Center 1825 W. Civic Center Drive 92703 Jerome Center 726 South Center Street 92704 Southwest Senior Center 2201 West McFadden Avenue 92704 I 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 20,=-_., and entered into between City of Santa Ana ("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 designated on Exhibit A of this Addendum ("Pet Area"), 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. S. 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 3 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 City of Santa Ana RED CROSS Name: See attacW signature page The American National Red Cross By: By: `k - _ r Signature Signature /�/ — Debbie LCaiily Print Name: ' / VA u10t� Print Name: Title: Q N N64 Tide: Regional Disaster Officer Page 2 of 3 Exhibit A Diagram of Pet Area (include location of pet waste disposal bins/areas) As Facility design and layouts may change over time,site diagrams will be determined at the time of use, if needed. Page 3 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF ANTA AN ,.a IFER ALL ALVARO NUKE City Clerk City Manager D AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA R. CARVALHO City Attorney :BY SQL-. . ►w--o r TAMARA BOGOSIAN ROBERT RODRIGUE Senior Assistant City Attorney Chief of Police MEMORANDUM OF INSURANCE DATE 19-Feb-2026 This Memorandum is issued as a matter of information only to authorized viewers for their internal use only and confers no rights upon any viewer of this Memorandum. This Memorandum does not amend, extend or alter the coverage described below. This Memorandum may only be copied, printed and distributed within an authorized viewer and may only be used and viewed by an authorized viewer for its internal use. Any other use, duplication or distribution of this Memorandum without the consent of Marsh is prohibited. "Authorized viewer" shall mean an entity or person which is authorized by the insured named herein to access this Memorandum via https://marshdigital.marsh.com/marshconnect/viewMOI.action?ctientId=168915280. The information contained herein is as of the date referred to above. Marsh shall be under no obligation to update such information. PRODUCER COMPANIES AFFORDING COVERAGE Marsh USA LLC ("Marsh") Co.AOld Republic Insurance Company INSURED Co. B Factory Mutual Insurance Company American National Red Cross Co.C 431 18th Street N.W. Washington Co.D District of Columbia 20006 Co.E APPROVED United States Co F By Tu Tran Nguyen at 11:48 am,Feb 19,2026 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MEMORANDUM MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF POLICY POLICY LQ4IITS LTR INSIIRANCE POLICYNUTMRER EFFECTIVE EXPIRATION LIMITS IN USD UNLESS OTHERWISE INDICATED DATE DATE A GENERAL MWZZ313806- 01-Jul-2025 01-Jul-2026 GENERAL USD 5,000,000 LIABILITY AGGREGATE Commercial 25 PPR,ODUCTS-CONIP/OP Included General PERSONALANDADV USD 5,000,000 Liability INJURY Claims made EACH OCCURRENCE USD 5,000,000 FIRE DAMAGE(ANY See Additional ONF FIRE) Information. MED ExP(ANY ONE USD 10,000 PERSON) A AUTOMOBILE MWTB313807- 01-Jul-2025 01-Jul-2026 COMBINED SINGLE USD 5,000,000 LIABILITY LIMIT A Any Auto 25 01-Jul-2025 01-Jul-2026 BODILY INJURY(PER MWZX313810- PERSON) BODILY INJURY(PER. 25 ACCIDENT) PROPERTY DAMAGE EXCESS EACH OCCURENCE LIABILITY ..,.,. AGGREGATE A WORKERS MWC313809-25 01-Jul-2025 01-Jul-2026 COMPENSATION A EMPLOYERS MWXS313805- 01-Jul-2025 01-Jul-2026 LIABILITY WORKERS COMP Statutory A LIMITS THE 25 01-Jul-2025 01-Ju]-2026 EL EACH ACCIDENT USD 1,000,000 A PROPRIETOR MWFEX313804- 01-Jul-2025 01-Jul-2026 /PARTNERS/ 25 LLDIISEASE-POLICY USD 1,000,000 EXECUTIVE MWXS316279- EL DISEASE-EACH USD 1,000,000 OFFICERS 25 EMPLOYEE ARE Included A Auto Physical MWTB3I3807- 01-Jul-2025 01-Jul-2026 Actual Cash Value Comp.Ded.USD Damage 25 Basis 1,000 Coll.Ded. USD 1,000 coverage and/or limits of the policy.Notwithstanding the foregoing sentence,in no event shall the insurance provided exceed the scope of coverage and/or limits required by said contract or agreement. Lessor-Additional Insured and Loss Payee(CA 2001 10/01)- A.Coverage 1.Any"leased auto'on file with the carrier will be considered a covered"auto"you own and not a"covered"auto you hire or borrow.For a covered"auto"that is a"leased auto",Who Is An Insured is changed to include as an "insured"the lessor as per on file with the carrier. 2.The coverages provided under this endorsement apply to any"leased auto'on file with the carrier until the expiration date,or when the lessor or his or her agent takes possession of the"leased auto',whichever occurs first. B.Loss Payable Clause 1.We will pay,as interest may appear,you and the lessor on file with the carrier for"loss"to a"leased auto'. 2.The insurance covers the interest of the lessor unless the"loss"results from fraudulent acts or omissions on your part. 3.If we make any payment to the lessor,we will obtain his or her rights against any other party. C.Cancellation Should any of the above described policies be cancelled before the expiration date thereof,notice will be delivered in accordance with the policy provisions. D.The lessor is not liable for payment of your premiums. E.Additional Definition As used in this endorsement: "Leased auto"means an"auto"leased or rented to you,including any substitute,replacement or extra"auto'needed to meet seasonal or other needs,under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. The Memorandum of Insurance serves solely to list insurance policies,limits and dates of coverage.Any modifications hereto are not authorized.