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Agreement - American National Red Cross - DMWT Facility Use Agreement - Signed 2023-08-16Facility Use Agreement DMWT Facility Use Agreement JT V.2.0 2017.06.29 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: Full Name of Owner City of Gilroy Address 7351 Rosanna Street, Gilroy, CA 95020 24-Hour Point of Contact Name and Title Work Phone Cell Phone Address for Official Notices (only if different from above address) Red Cross: Chapter Name American Red Cross Silicon Valley Chapter Chapter Address 2731 N. 1st Street, San Jose, CA 95134 24-Hour Point of Contact Name and Title Work Phone Cell Phone Disaster Program Manager 408-577-1000 Address for Official Notices American Red Cross, Disaster Cycle Services Logistics, 8550 Arlington 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. Wheeler Auditorium: 250 West Sixth Street, Gilory, CA 95020 Gilroy Senior Center: 7371 Hanna St, Gilroy, CA 95020 Primary: Adam Henig, Recreation Manager, Office (408) 846-0577 / Mobile (510) 415-1820Alternate: Andrew Young, Emergency Services & Volunteer Coordinator, Office (408)846-0211 / Mobile (669) 600-1195 DocuSign Envelope ID: 90388E3A-2450-42A6-8164-A5AD07166E8B Facility Use Agreement DMWT Facility Use Agreement JT V.2.0 2017.06.29 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 Co-located pet shelter (floors tarped, pets in kennels) 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 the 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 written consent of the Red Cross Manager. The Owner will refer all media questions about the Red Cross activities to the Red Cross Manager. DocuSign Envelope ID: 90388E3A-2450-42A6-8164-A5AD07166E8B Facility Use Agreement DMWT Facility Use Agreement JT V.2.0 2017.06.29 3 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 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: _____ 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. 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. DocuSign Envelope ID: 90388E3A-2450-42A6-8164-A5AD07166E8B Facility Use Agreement DMWT Facility Use Agreement JT V.2.0 2017.06.29 4 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 Gilroy The American National Red Cross Owner (Legal Name) (Legal Name) ____________________________________ __________________________________ By (Signature) By (Signature) Jimmy Forbis Ginny Ortiz Name (Printed) Name (Printed) City Administrator Disaster Program Manager Title Title ____________________________________ __________________________________ Date Date August 7, 2023 DocuSign Envelope ID: 90388E3A-2450-42A6-8164-A5AD07166E8B 8/16/2023