HomeMy WebLinkAboutRES 07-362 RESOLUTION NO. 07-362
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute an agreement with the Beaumont
Chapter of the American Red Cross for their use of the Sterling Pruitt Activity Center as a
temporary shelter for evacuees during an emergency or disaster. The agreement is
substantially in the form attached hereto as Exhibit "A" and made a part hereof for all
purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
November, 2007.
kumo
�j Mayor Becky Ames -
W � i
FACILITY AGREEMENT BETWEEN AMERICAN RED CROSS
AND THE CITY OF BEAUMONT
Facility: Sterling PnAlt Activity Center
2930 Gulf
Beaumont,Texas 77703
This agreement is made and entered imm between the City of Beamont on behalf of the
Sterling Pruitt Center and the Beaturiont Chapter of the Ametivan Red Cross(collectively
"the Parties") in order to provide physical facilities to support the American Red Cross in
the event of an emergency or disaster upon request of the Beaumont Office of Emergency
Management.
A, As such,the City of Beaumont(hereafter referred to as"Owner/Operator")agrees to:
1. Provide facilities,approxiniately 15,000 square feet, known as Sterling Pruitt
Center located at 2930 Gulf,Boaamotit Texas 77703 for the sum of$0.00,
beginning immediately won signawes by all parties.Thirty days prior written
notice is required should Owner/OperAtor need to Vermiftte this Agreement for
any reason.
2. Provide support to access appropriate.WecornrnanieaWns rewuTces. The
installation,maintenance and removal costs of radio&telephones,and related
automation equipment will be borne by the American Red Cross.
3. Provide support to access utilities and other resources. Indicate which party
will be responsible for the cost of the following utilities, on a prorated basis, for
utilities actually used during the time of Red Cross' facility use:
Water: American Red Cross Electricity: American Red Cross Gas:
American Red Cross Furnishings: American Red Cross
4. A separate agreement must be executed between the Parties for use and or
reimbursement for any other Ovmer/Operator services,, includin-&,but not limited
to,personnel.
B. Red Cross agrees that-,
1. The facility/property will be returned to the Owner Operator in the same
I
condition as it was when occupied/acquired. Normal -"near and tear is considered
to be the responsibility of the Ourner/Operator,
2. The Beaumont Chapter of the American National Red Cross agrees to defend,
hold harmless and indemnify° the Owner/Operator against any legal liability in
respect to b(Aily injury, death wW property damage to the exient arising from the
1
EXHIBIT "A"
sole negligence ofd said Unlit,or Comet , ' its we unda Ws Agremea'of
the property belonging to the O r/Op rater.
3. Reimbursement: The finial obligation to the Red Cross„undertaken in this
Agreement, for reimbursement of the Owner shall include reasonable
reimbursement incurred for direct operational exposes, including the
replacement of focal, supplies,equipment and/or property consumed,damaged or
stop,and for repairs for damages wed by,or incidentw to,the use of the
facilities by Red Cass. Storm damage or other damage caused by the do lax d or
undeclared event is specifically exclude!,
C. Both of the above named Parties awe to the following:
I, No modifications or changes will be made to thae Facility/Proper by the Red
Cross without the express r%Tittcn approval of the Ownerf0perator,
2. Prior to occupancy, representatives of both Parties will inspect the
Facility Property and will tote any discrepancies and/or concerns can the
inspection fornm that-Mll be provided by the Red Cross.
3. Prior to vacating time Facility/Property,representati-ves of boffi Parties will
again inspect the Facility/Property to note any discrepancies and/or concerns on
the release form that will be provided by the Red Cry. Nomad wen and tea is
considered to be the msponsibility of the ovnerlOpemor.
4. Prior to occupancy, xprrsentatives of both Peres will doctanentthe food and
supplies inventory.
3. Prior to vacating the facility,representative s of b"Parties will document the
food and supplies used by the Red Cross. ate Red Cross des to replace or
reimburse Sterling Pruitt tenter for any foods or supplies that may be used by the
Red Cross in the conduct of its relief activities in said Facility4"roperty.
6. Other provisions as follows: Not Applicable
D, Contact persons agents for troth Parties will be provided. Additional contact
information tmtay= be included on a.separate page and attached to this agreement:
F. The Arricricari National Red Cross is a tw: -e\ernpt organization and generally is not
subject to federal, state or local toes.
F. The Facility Agreement will be reviewed every three years from the effec-tive date..
I N WITNESS WHEREOF,the parties bra have executed this agreement on the dates
shown below. Said agreement shall be effective and operative can the dam the last
signature is affixed hereto.
Signatures to the Agreement:
Signature Owner/Operator or Agent Signature of Red Cross Representative
Kyle Hayes,City Manager Donna L.Ferchak
City of Beaumont Director of PWams and Services
Dumont Chapter
Contacts taets Addend u m
3