HomeMy WebLinkAboutResolution - 2006-R0552 - Agreement - American Red Cross - Shelter Hub - 11/21/2006Resolution No. 2006-80552
November 21, 2006
Item 5.5
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute an Agreement by and between the City of
Lubbock and the American Red Cross for sheltering of persons affected by disasters as a
Shelter Hub, which Agreement and any associated documents, are attached hereto and
made a part of this Resolution for all intents and purposes.
Passed by the City Council this 21st day of
ATTEST:
Re cca Garza, City Secretary
APPRO)ED AS TO CONTENT:
Overstreet, Emergency Management
APPROVED • • •
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DDres/RedCrossHubShelter06ConRes
October 6, 2006
November ,2006.
DAVID A. MtLLER,•'
Resolution No. 2006-RO552
AGREEMENT
STATE OF TEXAS b
AMERICAN RED CROSS/CITY OF LUBBOCK
COUNTY OF LUBBOCK &
This Interlocal Agreement ("Agreement") is entered into between the Lubbock Chapter of
the American Red Cross ("Agency"), and the City of Lubbock ("City"). The Agency is a
humanitarian organization designated by Congressional Charter to provide disaster relief
services to people affected by disasters. The Fundamental Principles of the International
Red Cross Movement also directs Agency operations. The City of Lubbock is a home rule
corporation of the state of Texas. This Agreement pertains to mass care sheltering utilizing
large facilities for evacuees numbering in the hundreds where the City maintains
administrative control and the Agency provides support for shelter management and
operations.
I. Purpose
The Red Cross is an identified resource and valued partner in maximizing the community's
response in feeding, sheltering and meeting the emergency needs of those affected by
disaster. It is the City of Lubbock's responsibility to protect the public health, safety and
welfare of its citizens. The Emergency Management Plan's Hazard Summary identifies a
number of threats that cause evacuation in the Lubbock jurisdiction. Lubbock is also named
a Shelter Hub in the State Hurricane Evacuation and Mass Care Plan.
The Lubbock Chapter of American Red Cross confirms the agreement of the Red Cross to
provide support to the City of Lubbock ("City") in establishing and operating a mass care
shelter for providing humanitarian relief to persons affected by disasters. Lubbock will
extend services to the community as part of their mission while maintaining administrative
control of the facilities and the services provided (City assumes responsibility for planning,
organizing, directing and controlling every aspect of the shelter and the relief services
provided). Such community shelters will display a "Supported by the Red Cross"
designation, and abide by the Red Cross Disaster Code of Conduct of service delivery. The
Red Cross is furnishing the Services hereunder as an independent contractor
II. Obligations of the Agency
1) The Red Cross, at its cost, will offer to the Community Agency basic level
disaster services training, as well as blankets, cots, comfort kits, meals, and
other related supplies for use in the operation of the shelter (any remaining
supplies will be returned to the Red Cross upon closure of the shelter).
2) Since the shelter is contracted and operated by the City, the Red Cross will
have no obligation to incur or to reimburse the City for any costs or expenses
of any kind incurred in establishing and operating the shelter. Therefore, the
City will be solely responsible for risk of loss, damage or destruction to its
facilities, equipment, furnishings and supplies.
III. Obligations of the City
1) The City agrees to conduct the operation of the shelter in accordance with
this agreement, and the policies, procedures and regulations of the Red Cross.
However, the City shall have the sole responsibility for establishing and
operating its shelter, and for determining the appropriate actions that should
or should not be taken under during such time as the shelter is operating.
2) The City agrees to maintain information about its shelter residents for a
period of not less than five (5) years from the date of providing the services,
including the name, domicile address, and contact information of each shelter
resident and the services provided, and will provide reports to the Red Cross
as requested.
a. Each party shall maintain the confidential information of the other party
in confidence and shall refrain from using the same or disclosing any part
thereof to any third party without permission, insofar as permitted by
state law. In addition, the City shall maintain all information concerning
persons receiving services at the shelter in confidence, insofar as
permitted by State law.
4) The City recognizes that the name, emblem, logo and marks of the Red Cross
represent valuable assets and that substantial recognition and goodwill are
associated with such assets. The City will not use the name, emblem, logo,
or marks of the Red Cross without its prior written consent.
IV. Indemnification
Each party (the "Indemnifying Party") agrees to indemnify, defend and hold harmless the
other party, its affiliates and their respective officers, directors, governors, members,
volunteers, employees and agents (collectively, the "Indemnified Parties") from legal
liability to third parties for actions, proceedings, claims, demands, suits, damages, liabilities
and expenses, including reasonable attorney's fees, with respect to bodily injury, death and
property damage arising from, and to the extent caused by, the negligent acts or omissions of
the Indemnifying Party, its officers, directors, governors, members, volunteers, employees
and agents in their performance of their obligations under this Agreement. However, in no
instance will either party be responsible to the other party or any other party in any way for
any act or omission of its officers, directors, governors, members, volunteers, employees and
agents.
Each party shall maintain the following insurance coverages in full force and effect for the
term of this agreement;
(1) Commercial General Liability insurance including Products and Completed
Operations Liability and Personal & Advertising Injury Liability of at least
$1,000,000 with the other party's Indemnified Parties listed as additional
insureds with respect to the work and obligations of each party under this
Agreement and,
(2) An Auto Liability policy including coverage for owned and hired vehicles in
an amount not less than $1,000,000 with the other party's Indemnified Parties
listed as additional insureds with respect to the work and obligations of each
party under this agreement and;
(3) A Workers' Compensation policy covering the respective parties' own
employees working under this agreement and having statutory limits for each
jurisdiction where the work required under this agreement is performed, and
an Employers' Liability policy with at least the following limits, $250,000 per
accident, $500,000 per disease and 250,000 per disease (each employee).
(4) If a party is providing professional services under this agreement, it shall also
maintain the appropriate type of Professional Liability Insurance policy
(Errors and Omissions Insurance) in an amount not less than $1,000,000
each;
(5) With respect to the work and obligations of each party under this Agreement,
such coverages will be written as primary policy coverage and not
contributing with, or in excess of any insurance coverage which the other
party may maintain. Upon request, each party will provide the other party
with a certificate of insurance evidencing all of the above coverages and
conditions (types and amounts) and such certificate shall provide that the
issuing insurance agent or broker shall endeavor to provide the certificate
holder with 30 days notice of cancellation or expiration.
Notwithstanding anything in this agreement to the contrary, neither party shall be liable to
the other for indirect, special or consequential damages, whether or not foreseen, arising as a
result of any breach of any of the material terms of this agreement or a default in the
performance of any of the material obligations hereunder.
Neither party will be liable to the other for any loss or injury incurred or damages sustained
by the other party due to a failure on the part of the party to perform under this Agreement,
if such failure to perform is a result of a condition beyond the party's control.
V. Term
This agreement becomes effective after approval by the governing bodies of the City and the
Agency as indicated below. It may be canceled by either party by giving thirty (30) days
written notice to the other party, otherwise it remains in effect for three (3) years and may be
renewed by mutual agreement expressed in writing. Either party may terminate this
agreement immediately if any of the material terms of this agreement are breached.
During the activation and operation of a mass care shelter pursuant to the terms of this
Agreement, the following persons are designated as the respective primary contacts for the
parties:
On behalf of the City: Kevin Overstreet, Emergency Management Coordinator
1625 13`x' Street, Lubbock TX 79401
On behalf of the Red Cross: Rex Castle, Board Chairman
Executed this 21st day of November , 2006.
CITY OF LUBBOCK:
David A. M' er, Mayor
ATTEST:
LJ-A�.Z :) '- D — kt-- ,,—
Reb cca Garza, City Secretary
AMERICAN RED CROSS
Rix astle, Board Chairman
APPROVED AS TO CON T:
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evm Overstreet, Emergency Management Coordinator
APPROVED AS TO CONTENT:
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P66-Vandiver,Attorney�of