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Item 5 - MOU with Poway Unified School District for the Use of Fuel Facilities During Emergency Disaster EventsMay 5, 2020, Item #5 DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway May 5, 2020 Honorable Mayor and Members of the City Co ~I Eric Heidemann, Director of Public Works '1 CITY COUNCIL Will Wiley, Assistant Director of Public Works for Maintenance Operations (858) 668-4750 or wwiley@poway.org Memorandum of Understanding Between the City of Poway and Poway Unified School District for the Use of Fuel Facilities During Emergency Disaster Events The City and the Poway Unified School District (District) have expressed mutual interest in establishing a Memorandum of Understanding (MOU) that facilitates and encourages the use of the District's fueling facilities during emergency and disaster events. The MOU formalizes the City's and District's responsibilities to provide the City with supplemental sources of fuel for City vehicles and equipment to assist in emergency response, recovery and mitigation activities. Recommended Action: It is recommended that the City Council approve a Memorandum of Understanding with the Poway Unified School District authorizing the City's use of the District's fuel facility in the event of an emergency or disaster. Discussion: In a declared emergency situation, the City may require a backup fuel supply source. Preparing for such an event, staff recommends entering into an MOU with the District for use of its fuel facility. The District operates a fuel facility at its transportation center located at 13626 Twin Peaks Road, Poway, CA 92064. The fuel facility is centrally located in the City and is anywhere from two to four miles in distance away from any of the City's main facilities and fire stations. The District's fuel facility consists of one (1) 10,000-gallon underground unleaded fuel tank and one (1) 10,000-gallon underground diesel tank. The District has expressed mutual interest in establishing a local agreement that facilitates and encourages the sharing of the District's fuel facility during declared emergencies and disasters. The MOU will commence upon its date of execution and remain in effect until terminated by either party. The District may terminate the MOU upon 60 days advance written notice to the City. The District agrees to charge the City the price the District pays based on contracts with third-party 1 of 5 May 5, 2020, Item #5 suppliers with no markup. The District will provide the City with security access to enable fueling. The City's responsibilities include notifying the District through the City Manager or designee when there is a need of access to the fueling facilities, reimbursing the District for fuel costs within 30 days, and utilizing the access and egress routes designated by the District. The City's fuel facility includes a one (1) 6,000-gallon underground unleaded tank and one (1) 4,000- gallon underground diesel tank. While the City's inventory at any given time is sufficient to maintain the City's fleet during an emergency, this MOU will ensure the City has access to fuel resources for vehicles, fire apparatus, and equipment enabling the City to coordinate response, recovery and mitigation activities within the City. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Sufficient funding is available in the Vehicle Operations Account (413010-31020) to reimburse the District for any as-needed fuel usage. Public Notification: None. Attachments: A. Memorandum of Understanding Reviewed/ Approved By: Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager May 5, 2020, Item #5 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF POWAY AND THE POWAY UNIFED SCHOOL DISTRICT This Memorandum of Understanding ("MOU") is made and entered into this __ day of ____ , 2020 by and between the City of Poway, a Municipal Corporation, hereinafter referred to as "City", and the Poway Unified School District, a public entity hereinafter referred to as the "District". RECITALS WHEREAS the City and the District have expressed mutual interest in establishing a joint partnership agreement that facilitates and encourages sharing of District fueling facilities during emergency disaster events; WHEREAS the District owns and maintains a diesel fuel and unleaded gasoline fuel facility located at 13626 Twin Peaks Rd., Poway, CA 92064 hereinafter referred to as "Facility"; WHEREAS the City wishes to secure the ability to fuel city vehicles at the Facility in the event of an emergency disaster event; WHEREAS the City and the District have determined that entering into a joint partnership agreement to provide supplemental sources of fuel for city vehicles will enable the City to coordinate response, recovery and mitigation activities within the City of Poway to protect life and property; WHEREAS this Agreement is intended to formalize the City's responsibility to reimburse the District for fuel consumed at the District's Facility during an emergency disaster event; NOW, THEREFORE, in consideration of the terms, covenants, conditions, and agreements set forth herein below, the City and the District agree as follows: AGREEMENT 1.0 DISTRICT OBLIGATIONS District agrees to: 1.1 Provide the City access to the Facility during a City declared emergency disaster event, such as severe weather or catastrophic events. The District is to provide the City with security access codes/cards to enable fueling at the Facility. The number of access codes/cards is to be determined by the Parties. 1.2 Make every effort to offer quality fuel and properly functioning refueling equipment during said emergency disaster event. 1.3 Provide training for the use of the Facility to the City . 1 .4 Send the City an invoice for fuel charges for preceding emergency event(s). 1 3 of 5 ATTACHMENT A May 5, 2020, Item #5 2.0 CITY OBLIGATIONS City agrees to: 2.1 Provide notification to the District, via its City Manager or designee, when the Poway City Council declares an emergency disaster event and the expected duration for the need of access to the Facility. 2.2 Reimburse the District for all fuel costs charged by the District to the City for dispensation of fuel at the Facility, within thirty (30) days of the date of the invoice from the District, unless extraordinary conditions preclude this payment schedule. 2.3 Comply with District security requirements, which may change from time to time. The District will require each city user utilizing the Facility to obtain security access. The City will pay the standard administrative fee for the issuance of any access card or replacement card. 2.4 Use the access and egress routes designated by the District. 2.5 Upon verification that subject damage was caused by a city employee, the City will be responsible for correcting the damage either by paying the District for an agreed upon cost to make the repair( s) or by making repair(s) directly as satisfactory to the District. 2.6 Provide its own materials, time and personnel to clean up or minimize any hazardous fuel spill caused by the action of its employees. If hazardous fuel spill occurs and City is unable or unwilling to perform the cleanup immediately, the District may proceed with any actions it deems necessary to address the hazardous fuel spill and the City shall pay all costs of such action. 2.7 2.8 3.0 Immediately inform the District of any damage caused or seen to Facility equipment. Take the utmost care and proper safety procedures with Facility fueling equipment at all times. COST OF FUEL District agrees to charge City the price the District pays, based on contracts with third-party suppliers, with no mark-up. Price is subject to fluctuation, pursuant the terms of the District's contracts with its suppliers. If requested in writing by either party, within thirty (30) days of such request, the parties will meet to discuss a change in the mark-up to be paid by the City. No increased price will be charged without the agreement of the City. If the City does not agree to such increase, it may terminate this Agreement prior to the effective date of such increase. 4.0 FUEL AVAILABILITY The City shall have access to the District's Facility at all times during a declared emergency disaster event. The City should be prepared to manage unforeseen circumstances that may affect the availability of fuel and the District Facility which may disrupt continuous use, such as a supplier's inability to furnish fuel, fueling station repairs, closures of the District fueling station, the District ceasing operation of the fuel station, and other circumstances. The District will provide at least fourteen (14) days notice to the City for anticipated disruptions in access to the Facility and attempt to provide as much advance notice as possible in the event of unforeseen disruptions. 2 4of5 May 5, 2020, Item #5 5.0 INDEMNIFICATION 5.1 City agrees to defend (with attorneys approved by the District), indemnify and hold harmless the District, its Board of Trustees, employees, and agents from any and all liability or loss arising in any way out of the City's negligence in the performance of this agreement, including but not limited to any claim due to injury and/or damage sustained by City's employees or agents. 5.2 District agrees to defend (with attorneys approved by the City), indemnify and hold harmless the City, its City Council, employees, volunteers, and agents from any and all liability or loss arising in any way out of District's negligence in the performance of this agreement, including but not limited to any claim due to injury and/or damage sustained by District's employees or agents. 6.0 INSURANCE The Parties agree to secure and maintain insurance coverage for any and all risks that may arise out of the terms, obligations, operations, and actions as set forth in this Agreement, including but not limited to public entity liability insurance. The acquisition of excess insurance or the maintenance and operation of a self insurance program may fulfill the insurance requirement. 7.0 TERM OF AGREEMENT This Agreement will commence upon its date of execution and shall remain in effect until terminated by either party. The City may terminate this Agreement at any time, provided that it pays all outstanding invoices at the time of termination. The District may terminate this Agreement upon sixty (60) days advance written notice to the City. This Agreement may be modified upon the mutual agreement of the Parties. Clarifications ofresponsibility, timing, payment and coordination of the activities outlined in this Agreement or discussion of issues that have not been addressed in detail in this Agreement shall be made in good faith between the parties as necessary during the course of the Agreement. IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date herein above set forth. POWAY UNIFIED SCHOOL DISTRICT President of the Board ATTEST: Clerk of the Board 5 of 5 3 CITY OF POWAY Mayor, City of Poway ATTEST: City Clerk APPROVED AS TO FORM: City Attorney