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Home My WebLink About20132836.tiffDR #: American Red Cross Facility Use Agreement Facility Name Parties and Premises Owner: Legal name: Weld County, Colorado 24 -Hour Point of Contact: Name and title: Roy Rudisill, Office of Emergency Management Director Work phone: 970-381-0417 Cell phone/pager: 970-304-6540 Address for Legal Notices: P.O. Box 758 1150 0 Street Greeley, Colorado 80632 Red Cross: Legal name: The American National Red Cross, a corporation under the laws of the United States 24 -Hour Point of Contact: Name and title: /I r'•- I ( thl Work phone: I Cell phone/pager: Address for Legal Notices: —/ 4 !-ZoS-31Z` with copies to: The American National Red Cross, Office of the General Counsel, 2025 E Street, NW, Washington DC 20006 and 1} The American National Red Cross, Disaster Operations, b L ( , Net 2025 E Street NW, Washington, DC 20006_ Building Address: i! C044/47, � � j t,d^ Il, O?i /wti0 NZ0t 4 / VIM, 7q L1)cYy .o., J U YO s o7t Description of Premises: /o -7a eel feyOn) /p- $- 47O/S 2013-2836 evz/ Terms and Conditions 1. Use of Premises. Owner agrees to allow the Red Cross to use and occupy, on a temporary basis, the Premises described above (the "Premises") in the Building identified above (the "Building") to conduct emergency, disaster -related activities. The Premises may be used for any of the following purposes (both parties must initial all that apply): Operations center Client service center Volunteer intake center Storage of supplies Parking of vehicles Owner initials h/C � n/4 N._ Red Cross initials No sheltering or lodging of clients or disaster victims is permitted, except as the parties may agree in a separate written agreement. 2. 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. Fee. Both parties must initial the applicable statement below: a. Owner agrees not to charge any fee in recognition of the servic srovided by the Red Cross to the community. Owner initials: Red Cross initials: b. Red Cross agrees to pay $Q - - per day/week/month (circle one) occupy the Premises. Owner initials: Red Cross initials: 4. Conduct of the Red Cross. Red Cross agrees to keep the Premises in good condition and promptly repair all damage to the Premises or the Building resulting from the operations of the Red Cross or reimburse Owner for the costs of repairing such damage in accordance with paragraph 6 below. The Red Cross agrees not to disrupt, adversely affect or interfere with other occupants of the Building. 5. Condition of Premises and Building. Owner makes no warranty or representation about the Premises or the Building. The Red Cross accepts the same "AS IS." Owner is under no obligation to prepare or repair the Premises or the Building for the Red Cross. The parties will jointly conduct a pre -occupancy survey of the Premises before it is turned over to the Red Cross. They will use the Facility/Shelter Opening/Closing Form, to record any existing damage or conditions. The Red Cross will exercise reasonable care while using the Premises and will make no modifications to the Premises without the Owner's express written approval. 6. Reimbursement: The Red Cross will reimburse the Owner for the following: a. Damage to the Premises or other property of Owner, reasonable wear and tear excepted, resulting from the operations of the Red Cross. Reimbursement for damage will be based on replacement at actual cash value. The Red Cross will select from among bids from at least three reputable contractors. The Red Cross is not responsible for storm damage or other damage caused by the disaster. right to use and b. 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): Water Gas Electricity Waste Disposal Owner initials h�, Red Cross initials Rev. 12-07 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 ppor in invoices. 7. Insurance. The Red Cross shall carry insurance coverage in the amounts of at least $ ,000,0b0 per occurrence for Commercial General Liability and Automobile Liability. The Red Cross shall also carry Workers' Compensation coverage with statutory limits for the jurisdiction in which the premises are located andj),000,000 in Employers" Liability, 8. Indemnification. 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. 9. Owner's Right to Revoke for Cause. Upon reasonable prior written notice to the Red Cross, Owner may revoke the permission represented by this Agreement if Red Cross (a) fails to pay any fee or payment required hereunder or (b) breaches any other obligation hereunder and such breach continues after written notice from Owner describing same. If the permission license is so revoked, Red Cross shall vacate the Premises in a neat and orderly manner. Owner shall have all rights and remedies available to it under applicable law. 10. Casualty or Condemnation Affecting Premises. Notwithstanding anything in this Agreement to the contrary, in the event that damage or casualty to all or a part of the Premises, this Agreement shall terminate and Red Cross shall have no right to restoration of the Premises or to receive any compensation whatsoever. II. Legal Notice. Notice shall be deemed to have been duly given three (3) business days after having been mailed by certified or registered mail, return receipt requested, to the party's address for Legal Notice set forth at the beginning of the Agreement, or upon receipt if delivered by hand or recognized overnight delivery service. Either party may change its address for the purpose of Legal Notice hereunder by providing the other party with notice of the new address. 12. Governing Law and Binding Effect. This Agreement shall be governed by and construed under the laws of the state in which the Building is located. This Agreement shall be binding on the parties and their respective, successors, transferees and assigns. Weld County, Colorado THE AMERICAN NATIONAL RED C' +SS Owner (I al name) t(11 By (signature) William F. Garcia Name (printed) Chair, Board of Weld County Commissioner (lege ame) ign.ture) 1 Title OCT C7?C13 Name (printed) Title Date D to v) se -14 pie i---/ Rev. 12-07 American Red Goss Facility/Shelter Opening & Closing Inspection �� Name of Facility is lL C.43 1ht Name of Facility Rep & Operatod Address Lt2Jo (o 4r1 1144, 2i 7_I L.4 Phone # Opening Inspection Areas to Inspect When Opening the Facility/Shelter (Check yes, no, not applicable (NA) or unknown (U). Specific areas needing correction and those responsible for making them should be noted under "Comments". Take pictures of pre-existing damages) Yes No NA U Comments Areas to Inspect ❑ Are indoor and outdoor walking surfaces free of trip and fall hazards (e.g. uneven sidewalks, unprotected walkways, loose/missing tiles, wires, etc...)? EKIII Are the routes to exits relatively straight and clear of obstructions (e.g. blocked, chained, obstructed)? • • Ern Are all emergency exits properly identified and secured, and there are at least two exits per floor? j'"❑ Are illuminated exit and exit directional signs visible from all aisles? • • ❑ ❑ i "1 Are ail kitchen equipment and bathroom fixtures in working order? ❑ ❑ Ern Is there an emergency evacuation plan posted and an identified meeting place? ❑ El --El Are there guidelines for directing occupants to an identified assembly area away from the building once they reach the ground floor? • t ❑ ❑ 5i f, t,,' Are there any site specific hazards (e.g. hazardous chemicals and machinery)? If so, describe them. ❑• E-1❑ 1 Is the facility neat, clean and orderly? ❑ • [l-"❑ Are the following utility systems in good working order: electricity, water, sewage system, HVAC? fJ- ❑ Cam"❑ Are fire extinguishers and smoke detectors present, inspected and properly serviced with current inspection tags? O O [►'❑ If power fails, is automatic emergency lighting available for exit routes, stairs and restrooms? • Q"❑ • Is there a back-up power source? ❑ • [-E] Are first aid kits readily available and fully stocked? Where? O ❑ CiA---E Will occupants of the building be notified that an emergency evacuation is necessary by a public address system or alarm? O M--O❑ ❑ Are floors and walls free of damage? 2/• • • Is the parking area free of damage? ❑ ❑ [t]- - O SHELTER ONLY: Are there accessible parking spaces available? ❑ ❑ SHELTER ONLY: Is there at least one entrance to the building accessible for people with mobility issues with signage identifying the location of the accessible entrance? O O ErO SHELTER ONLY: Is there at least one accessible restroom? n_ U SHELTER ONLY: Are there routes without steps available to access service delivery areas, restrooms and showers? Can service be provided in an area that can be accessed by routes without steps? • • Any Damage or Additional Comments Name of person addressing issues Print Red Cross Name & Title Print Facility Owner/ Rep Name & Title William F. Garcia, Chair Facility/Shelter Opening & Closing Inspection Phone # Signature Date Cy Rev. 03-2012 drAmerican Facility/Shelter Opening & Closing Inspection Name of Facility Name of Facility Rep & Operator 4u51 Cot niry Phone C Ii,� 2±L 1pC.0 Sgosai-- / Closing Inspection DR# /7 / Name CoJorewto ft,t) Detail any damage and additional comments S Red Cross Used Facility From G /0 )3 To if Print Red Cross Name & Title l lid .9_ -4 Print Facility Owner/ Rep Name & Title William Garcia, Chair Facility/Shelter Opening & Closing Inspection Signature Signature Date Date 10/07/2013 Rev. 03-2012 American Red Cross RELEASE OF FACILITY I' This is to certify that the `ter. -.1/'t . L}a_�� 1 i- : lJ)yci;t. / G (Name) R 4 21 Cc'vfry V:/Vi. 9 Li- X _ Lci fho; CO 711,1i51- (Address) J J 1 1 1.o ' 5 I —L1 t1 .7-- ��,, (Telephone) , controlled, owned or operated by LI. (OttVltt and used temporarily by the American Red Cross, DR # � f I 4/4 #) (Name) to /3, Is hereby returned by the American Red Cross to in a satisfactory condition, less the following deficiencies: Signature of Owner/Operator William F. Garcia, Chair Printed Name & Tale 10/07/2013 as an emergency disaster facility from Ft7 ignature of A ican Red .a ,Representative eig.t, .„,.., ,,,, Printed Na ;, & Title 34 /3 Date / Date American Red Cross Form 6555 (March 20O6) Esther Gesick From: Bruce Barker Sent: Thursday, October 03, 2013 2:29 PM To: Esther Gesick Cc: Roy Rudisill Subject: FW: American Red Cross - facility agreement - Weld Cty Substation Attachments: Facility Agreement - Weld Cty.PDF; ATT00001.htm; Opening Inspection - Weld Cty.PDF; ATT00002.htm Esther: Let's put this onto Monday's Consent Agenda for approval. This is just a follow-up on paperwork for something that has already happened. Please add to the agreement under "Owner" that it is "Weld County, Colorado," have Roy Rudisill as the "Point of Contact," and then give the address for notice of "P.O. Box 758, 1150 O Street, Greeley, CO 80632." Thanks! Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Roy Rudisill Sent: Sunday, September 29, 2013 5:31 PM To: Bruce Barker; Toby Taylor; Monica Mika Cc: Commissioners Subject: Fwd: American Red Cross - facility agreement - Weld Cty Substation Here is the request from Red Cross Director Roy Rudisill Weld County Office of Emergency Management 1150 O Street Greeley Co. 80632 970-304-6540 W 970-381-0417 C t Begin forwarded message: From: "Peng, Belinda" <Belinda.Peng(&,,redcross.org> To: "Roy Rudisill" <rrudisill(a,co.weld.co.us> Subject: American Red Cross - facility agreement - Weld Cty Substation To Roy Rudisill: Thank you for allowing us the opportunity to borrow your facility, the Weld County Substation at 4209 Country Road 24 1/2 in Longmont, to support our current Disaster Operations. As we discussed, attached please find a copy of the standard Facility Agreement that the American Red Cross uses when our organization borrows facilities and physical space. It takes the form of a standard facility agreement between two parties that are named, Weld County and the American Red Cross. It also describes the terms and conditions of use, including what activities will be conducted on the premise, what fees may be exchanged or donated, the length of time, and insurance coverage. Please complete section #1, #2, and #7, and sign at the bottom. In detail, they are: 1. Legal name of owner (ie Weld County, etc), legal address, and a 24 -hour contact and/or authorized signer's contact. 2. Initialize in the following places to show that you agree with the changes: a. Terms and Conditions: #1 - we will be using the site for bulk distribution and possible basic social services. Please initial acknowledgement where indicated. b. Fees: #2a and #2b - please initial to show that no fee will be exchanged, and that the use of this space has been donated. 3. Insurance: #7 - insurance has increased to $5,000,000 coverage for physical damages and worker's compensation. Please initial to acknowledge this change in the contract. 4. Please sign at the bottom. In addition, there is a second document, the Facility/ Shelter Opening & Closing Inspection, which indicates the state we received the facility when we first open for operations. It can be signed by a custodian or other designated representative (such as yourself) who is familiar with the pre-existing conditions of the site. This is to protect you as well as ourselves so that we may agree on whether the facility has been returned to you at the end of the operations in satisfactory condition. If you would like, I can meet you or the commissioners in person to explain the document and to do a physical inspection of the substation, if necessary. At the end of the operation, there will be a closing walk-through physical inspection, and a 2 Facility Release, which returns the facility to you. Thank you for your attention. Let me know if you have any questions. Thank you. Sincerely, - Belinda Belinda F. Peng American Red Cross DR #897-14, Colorado Floods Facilities Supervisor Contact: 571-205-3124 Hello