1 TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Lina Hernandez, Senior Management Analyst
MEETING DATE: August 15, 2023
SUBJECT: Facility Use Agreement with American Red Cross for use of the Tom Rico Center as an Emergency Shelter
RECOMMENDATION
Approve the agreement and authorize the City Manager to execute the agreement.
BACKGROUND/ANALYSIS
The City of Lomita has a commitment to the safety and security of its citizens, which is dependent upon the continuation of public services before, during, and after an emergency. As part of our emergency preparedness efforts, and at the request of the City Council, the city is reviewing and updating agreements and collaborations with community organizations to better prepare for emergencies.
The American Red Cross is a non-profit, humanitarian organization led by volunteers chartered by the United States Congress. The Red Cross provides relief to victims of disasters and helps people prevent, prepare for, and respond to emergencies. Their operation of emergency shelters helps communities provide a safe and secure place for individuals and families to stay before, during and/or after a disaster. An emergency shelter also provides a place to sleep or rest and may offer, among other things, food, snacks, beverages, cots, blankets, sanitation facilities, safety, first aid and information on recovery efforts.
The last facility use agreement between the City and Red Cross to use the Lomita Park Tom Rico Center as an emergency shelter was completed in 2009. The proposed agreement updates the contact information for both agencies, increases the insurance coverage amount to $2 million per occurrence, includes a new “Endorsements” section, and elaborates/clarifies the language outlining the process for enabling the Red Cross to request certain use of the Lomita Park Tom Rico Center/gym as temporary emergency shelter in the event members of the community are displaced. Notably, Red Cross officials Item No. 7j
CITY OF LOMITA
CITY COUNCIL REPORT
2 are primarily responsible for managing and operating the emergency shelter. Red Cross will designate a Red Cross Shelter Manager to manage the sheltering activities.
Concurrently, the City Manager as the City’s Director of Emergency Services would designate a Facility Coordinator to coordinate with the Shelter Manager regarding the use of the facility by the Red Cross. This partnership continues through the closing of the shelter and recovery process.
City and Red Cross staff recently conducted a walk-through of the Tom Rico Center and the Stephenson Center. The Stephenson Center did not meet the minimum requirements for a stand-alone shelter site however the first floor on this facility will be included for use as an auxiliary service area for the Tom Rico/Gymnasium shelter site.
Upon request and if feasible, the City could permit the Red Cross to use and occupy the Lomita Park Tom Rico Center on a temporary basis to conduct emergency and disasterrelated activities. The proposed Facility Use Agreement would continue a mutually beneficial partnership to enhance community disaster preparedness and coordinate disaster planning and response for the community. The City also seeks to designate the facility as an emergency shelter to open eligibility for grants to fund facility repairs and upgrades.
OPTIONS
1) Approve and authorize the execution of the agreement, or 2) Provide staff further direction.
FISCAL IMPACT
There is no fiscal impact to approving the agreement. In the event of a disaster and activation of an emergency shelter, the city could incur expenses associated with providing services to the community. Although it is the goal of the Red Cross to provide supplies, services, and disaster volunteer workers to operate the shelter, city staff may be called upon to augment shelter staffing. Under the agreement, Red Cross will reimburse the city for any damage that occurs to the shelter and auxiliary service area resulting from the Red Cross’ use, reasonable costs associated with providing custodial or food service as may be applicable, and reasonable out-of-pocket operational costs, including costs of utilities at these facilities while they are used for shelter purposes. The city could also seek reimbursement for eligible expenses association with its response to the emergency under FEMA.
ATTACHMENT
1) Agreement with the American Red Cross
3 Reviewed by: Approved by:
___________________________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Prepared by:
_______________________
Lina Hernandez
Senior Management Analyst
Facility Use Agreement T - 4
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, the City of Lomita (“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
Red Cross:
Facility:
Owner: RC View NSS Facility Site Identification Number:
Full Name of Owner City of Lomita
Address 24300 Narbonne Ave., Lomita, CA 90717
24-Hour Point of Contact
Name and Title
Work Phone
Cell Phone
Ryan Smoot, City Manager
24-Hr: 562-733-8448
Office: 310-325-7110 x115
[email protected]
Address for Official
Notices (only if different
from above address)
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 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.
Lomita Park - Tim Rico Center, 24428 Eshelman Ave., Lomita, CA 90717. NSS Building ID #74504 City of Lomita FUA Final Draft (8.9.23) Agreement Page 1 Attachment No. 1
Facility Use Agreement T - 4
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):
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 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.
Facility Purpose Owner Initials Red Cross Initials
Service Center (Operations, Client Services, or Volunteer Intake) Storage of supplies
Parking of vehicles
Disaster Shelter
City of Lomita FUA Final Draft (8.9.23) Agreement Page 2 Facility Use Agreement T - 4
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):
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 $2,000,000 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, Utility Owner Initials Red Cross Initials
Water
Gas
Electricity
Waste Disposal
City of Lomita FUA Final Draft (8.9.23) Agreement Page 3 Facility Use Agreement T - 4
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.
14. Endorsements: Each general liability and automobile liability policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by OWNER, and shall be endorsed as follows. RED CROSS also agrees to require all contractors and subcontractors to do likewise.
a.The OWNER, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the RED CROSS, including materials, parts, or equipment furnished in connection with such work or operations. b.This policy shall be considered primary insurance with respect to claims arising from the negligence of the Red Cross during the use of the Facility as to OWNER, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by OWNER, including any self-insured retention, OWNER may have, shall be considered excess insurance only and shall not contribute with this policy. c.Any failure to comply with reporting provisions of the policies shall not affect coverage provided to OWNER, its elected or appointed officers, officials, employees, agents, or volunteers. d.The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days’ written notice has been received by OWNER. e.RED CROSS agrees to provide immediate notice to OWNER of any claim or loss against RED CROSS arising out of the work performed under this agreement. OWNER assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve OWNER.
f.RED CROSS shall provide certificates of insurance with original endorsements to OWNER as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with OWNER on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with OWNER at all times during the term of this Agreement.
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 City of Lomita FUA Final Draft (8.9.23) Agreement Page 4 Facility Use Agreement T - 4
electronic signatures. The use of digital signatures is intended to facilitate more efficient execution and delivery of signed documents.
OWNER RED CROSS
By (Signature) By (Signature)
Date Date
City of Lomita The American National Red Cross
Owner (Legal Name) (Legal Name)
Ryan Smoot Gerald A. Thomas
Name (Printed) Name (Printed)
City Manager Los Angeles Region Chief Operations Officer Title Title
City of Lomita FUA Final Draft (8.9.23) Agreement Page 5