Ordinance No. 11,619ORDINANCE NO. 11,619
AN ORDINANCE Ol-* THF' CITY COUNCH, OF THE CITY OF BAYTOWN, TFXAS,
AI. TI IORIZING AND DIRFICTINGTHE CITY MANAGER TO EXECUTE AND TI II": CITY
CLERK TO ATTEST TO A SI IELTER AGRI. EMEN'r wiTi-iTHE AMI,"IRICAN RED CROSS;
AND PROVIDING FOR THE EFFECTIVE DATF'I'l-JEREOR
BE IT ORDAINED BY TI IE CITY COUNCH, OF"I'l 1E CITY OF BAYTOWN, TEXAS:
Section I -. That the City Council of the City offlaytownTexas, hereby authorizes and directs the City
Manager to execute and the City Clerk to attest to a Shelter Agreenient with the American Red Cross. A copy of said
Agreement is attached hereto, marled l-"xhibit "A," and made a part hereof for all intents and purposes.
Section 2: -this ordinance shall talcs effect immediately Fiona and after its passage by the City Council of
the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the it), Council ofthe City of Baytown,
this the 10' day ot'April, 2011. / f
APPROVED AS TO FORM:
JGYWACIO RAMIiRIEZ, SR., it Attorney
R:\kar&kFi1e.s\C'ity 4;omicikOrdinances\201 kApril 1,1�ALItliorizeSlielterA,�),rectiiciii,dcrc
1-1. DONCARLOS, Ma'Yor
Exhibit "A"
American Red Cross
Shelter Agreement
The American National Red Cross ( "Red Cross "), a not - for - profit corporation chartered by the
United States Congress, provides services to individuals, families and communities when disaster
strikes. The disaster relief activities of the Red Cross are made possible by the American public,
as the organization is supported by private donations and facility owners who permit their
buildings to be used as a temporary refuge for disaster victims. This agreement is between the
Red Cross and a facility owner ( "Owner") so the Red Cross can use the facility as an emergency
shelter during a disaster.
DR #:
Owner:
Facility:
Parties and Facility
Legal name:
Chapter: Greater Houston Area
24 -Hour Point of Contact:
Name and title:
Work phone: Cell phone/pager.
Address for Legal Notices:
Red Cross:
Legal name: The American National Red Cross
Chapter: Greater Houston Area
24 -Hour Point of Contact:
Name and title:
Work phone:
Address for Legal Notices:
2700 Southwest Fwy
Bev Lowery Asst. Director Mass Care /alternate Fran Parent
713 - 313 -1688 Cell phone/pager 713- 476 -2468
Copies of legal notices must also be sent to:
The American National Red Cross, Office of the General Counsel,
2025 E Street, NW, Washington DC 20006
and
The American National Red Cross, Disaster Operations,
2025 E Street NW, Washington, DC 20006.
(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
Rev. 12 -07
Terms and Conditions
1. Use of Facility: Upon request and if feasible, the Owner will permit the Red Cross to use the
Facility on a temporary basis as an emergency public shelter.
2. Shelter Management: The Red Cross will have primary responsibility for the operation of the
shelter and will designate a Red Cross official, the Shelter Manager, to manage the sheltering
activities. The Owner will designate a Facility Coordinator to coordinate with the Shelter Manager
regarding the use of the Facility by the Red Cross.
3. Condition of Facility: The Facility Coordinator and Shelter Manager (or designee) will jointly
conduct a pre - occupancy survey of the Facility before it is turned over to the Red Cross. They
will use the first page of the Facility /Shelter Opening/Closing Form, available on CrossNet, to
record any existing damage or conditions. The Facility Coordinator will identify and secure all
equipment that the Red Cross should not use while sheltering in the Facility. The Red Cross will
exercise reasonable care while using the Facility as a shelter and will make no modifications to
the Facility without the express written approval of the Owner.
4. Food Services: Upon request by the Red Cross, and if such resources exist and 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 the provision of meals at the
direction of and in cooperation with the Shelter Manager. The Food Service Manager will
establish a feeding schedule, determine food service inventory and needs, and supervise meal
planning and preparation. The Food Service Manager and Shelter Manager will jointly conduct a
pre - occupancy inventory of the food and food service supplies in the Facility before it is turned
over to the Red Cross.
5. Custodial Services: Upon request by the Red Cross and if such resources exist and are
available, the Owner will make its custodial resources, including supplies and custodial workers,
available to provide cleaning and sanitation services at the shelter. The Facility Coordinator will
designate a Facility Custodian to coordinate the provision of cleaning and sanitation services at
the direction of and in cooperation with the Shelter Manager.
6. Security: In coordination with the Facility Coordinator; the Shelter Manager, as he or she
deems necessary and appropriate, will coordinate with law enforcement regarding any public
safety issues at the Shelter.
7. Signage and Publicity: The Red Cross may post signs identifying the shelter as a Red Cross
shelter in locations approved by the Facility Coordinator and will remove such signs when the
shelter is closed. The Owner will not issue press releases or other publicity concerning the
shelter without the express written consent of the Shelter Manager. The Owner will refer all
media questions about the shelter to the Shelter Manager.
8. Closing the Shelter. The Red Cross will notify the Owner or Facility Coordinator of the closing
date for the shelter. Before the Red Cross vacates the Facility, the Shelter Manager and Facility
Coordinator will jointly conduct a post - occupancy survey, using the second page of the
Shelter /Facility Opening /Closing Form to record any damage or conditions. The Shelter Manager
and Facility Coordinator or Food Service Manager will conduct a post - occupancy inventory of the
food and supplies used during the shelter operation.
9. Reimbursement: 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 will select from among
2 Rev. 12 -07
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 which would not
have been incurred but for the Red Cross's use of the Facility for sheltering. 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 operational costs, including the costs of the utilities
indicated below, to the extent that such costs would not have been incurred but for the
Red Cross's use of the Premises (both parties must initial all utilities to be reimbursed by
the Red Cross):
Owner initials Red Cross initials
Water
Gas
Electricity
Waste Disposal
The Owner will submit any request for reimbursement to the Red Cross within 60 days after the
shelter closes. Any request for reimbursement for food, supplies or operational costs 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 at the shelter.
10. 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.
11. Indemnification: The Red Cross shall defend, hold harmless, and indemnify Owner against
any legal liability, including reasonable attorney fees, in respect to bodily injury, death and
property damage arising from the negligence of the Red Cross during the use of the Premises.
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.
3 Rev. 12 -07
THE AMERICAN NATIONAL RED CROSS
Owner (legal name
(legal name
B (signature)
B (signature)
Name (Printed)
Name (printed)
Title
Title
Date
Date
3 Rev. 12 -07
1
r2ov
• American Red Cross
Shelter Agreement
The American National Red Cross ("Red Cross"), a not-for-profit corporation chartered by the
United States Congress, provides services to individuals, families and communities when disaster
strikes. The disaster relief activities of the Red Cross are made possible by the American public,
as the organization is supported by private donations and facility owners who permit their
buildings to be used as a temporary refuge for disaster victims. This agreement is between the
Red Cross and a facility owner("Owner") so the Red Cross can use the facility as an emergency
shelter during a disaster.
DR#: Facility: Baytown Community Center
Parties and Facility
Owner:
Legal name: City of Baytown
Chapter: Greater Houston Area
24-Hour Point of Contact:
Name and title: William Vola, Emergency Management Coordinator
Work phone: 281-422-1129 Cell phone/pager: 281-450-6600
Address for Legal Notices:
c/o City Manager c/o Emergency Management Coordinator
2401 Market Street AND 205 E. Wye Drive
Baytown, TX 77520 Baytown, TX 77521
Red Cross:
• Legal name: The American National Red Cross
Chapter: Greater Houston Area JT f1` A_ ()
f ei1C!
24-Hour Point of Contact:
Name and title: Bev Lowery Asst. Director Mass Care/alternate fy �1r'."
Work phone: 713-313-1688 Cell phone/pager: "
Address for Legal Notices: 7(3-3 f 3-/60g 7i3_3/3_i6 2 '
2700 Southwest Fwy
Houston, Texas 77098
Copies of legal notices must also be sent to:
The American National Red Cross, Office of the General Counsel,
2025 E Street, NW, Washington DC 20006
and
The American National Red Cross, Disaster Operations,
2025 E Street NW, Washington, DC 20006.
Shelter 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).
Baytown Community Center, 2407 Market St., Baytown, Texas 77520
•
1 Rev. 12-07
•
Terms and Conditions
1. Use of Facility: Upon request and if feasible, the Owner will permit the Red Cross to use the
Facility on a temporary basis as an emergency public shelter.
2. Shelter Management: The Red Cross will have primary responsibility for the operation of the
shelter and will designate a Red Cross official, the Shelter Manager, to manage the sheltering
activities. The Owner will designate a Facility Coordinator to coordinate with the Shelter Manager
regarding the use of the Facility by the Red Cross.
3. Condition of Facility: The Facility Coordinator and Shelter Manager(or designee)will jointly
conduct a pre-occupancy survey of the Facility before it is turned over to the Red Cross. They
will use the first page of the Facility/Shelter Opening/Closing Form, available on CrossNet, to
record any existing damage or conditions. The Facility Coordinator will identify and secure all
equipment that the Red Cross should not use while sheltering in the Facility. The Red Cross will
exercise reasonable care while using the Facility as a shelter and will make no modifications to
the Facility without the express written approval of the Owner.
4. Food Services: Upon request by the Red Cross, and if such resources exist and 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 the provision of meals at the
direction of and in cooperation with the Shelter Manager. The Food Service Manager will
establish a feeding schedule, determine food service inventory and needs, and supervise meal
planning and preparation. The Food Service Manager and Shelter Manager will jointly conduct a
pre-occupancy inventory of the food and food service supplies in the Facility before it is turned
over to the Red Cross.
5. Custodial Services: Upon request by the Red Cross and if such resources exist and are
available, the Owner will make its custodial resources, including supplies and custodial workers,
available to provide cleaning and sanitation services at the shelter. The Facility Coordinator will
designate a Facility Custodian to coordinate the provision of cleaning and sanitation services at
the direction of and in cooperation with the Shelter Manager.
6. Security: In coordination with the Facility Coordinator; the Shelter Manager, as he or she
deems necessary and appropriate, will coordinate with law enforcement regarding any public
safety issues at the Shelter.
7. Signage and Publicity: The Red Cross may post signs identifying the shelter as a Red Cross
shelter in locations approved by the Facility Coordinator and will remove such signs when the
shelter is closed. The Owner will not issue press releases or other publicity concerning the
shelter without the express written consent of the Shelter Manager. The Owner will refer all
media questions about the shelter to the Shelter Manager.
8. Closing the Shelter: The Red Cross will notify the Owner or Facility Coordinator of the closing
date for the shelter. Before the Red Cross vacates the Facility, the Shelter Manager and Facility
Coordinator will jointly conduct a post-occupancy survey, using the second page of the
Shelter/Facility Opening/Closing Form to record any damage or conditions. The Shelter Manager
and Facility Coordinator or Food Service Manager will conduct a post-occupancy inventory of the
food and supplies used during the shelter operation.
9. Reimbursement: 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 will select from among
2 Rev. 12-07
• 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 which would not
have been incurred but for the Red Cross's use of the Facility for sheltering. 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 operational costs, including the costs of the utilities
indicated below, to the extent that such costs would not have been incurred but for the
Red Cross's use of the Premises (both parties must initial all utilities to be reimbursed by
the Red Cross):
Owner initials Red Cross initials
Water
Gas
Electricity
Waste Disposal
The Owner will submit any request for reimbursement to the Red Cross within 60 days after the
shelter closes. Any request for reimbursement for food, supplies or operational costs 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 at the shelter.
10. 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.
11. Indemnification: The Red Cross shall defend, hold harmless, and indemnify Owner against
any legal liability, including reasonable attorney fees, in respect to bodily injury, death and
property damage arising from the negligence of the Red Cross during the use of the Premises.
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 BAYTOWN THE AMERICA NAT L RED CROSS
O -r(leo.l name) _ I al nam
By (signature) y (signatur
ROBERT D. LEIPER 1J 14fW
Name (printed) Name ( tinted)
ILCity Manager 2‘1, 1 2(k
Title Ti le
• Date Date
3 Rev. 12-07