Item 6 - Approval of MOU with PUSD for Meadowbrook Middle School Gym Fire Alarm Syst ImprovementsDATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
CITY COUNCIL
January 19, 2021
Honorable Mayor and Members of the City Co~cil
Eric Heidemann, Director of Public Works ~ y
Will Wiley, Assistant Director of Public Works for Maintenance Operation
(858) 668-4705 or wwiley@poway.org
Approval of Memorandum of Understanding Between the City of Poway and
Poway Unified School District for Meadowbrook Middle School Gymnasium Fire
Alarm System Improvements
The City of Poway (City) and the Poway Unified School District (District) have expressed mutual interest
in establishing a Memorandum of Understanding (MOU) that provides a framework of responsibility
for the fire alarm system improvement project at Meadowbrook Middle School Gymnasium
(Meadowbrook Gym). The MOU formalizes the City's and District's responsibilities to fund, complete
and maintain the fire alarm system improvements. In accordance with the facility's joint use
agreement (Dated June 12, 2007), the City's cost share for the improvements is $112,000.
Recommended Action:
It is recommended that the City Council:
1) Approve a Memorandum of Understanding between the City of Poway and Poway Unified
School District for Meadowbrook Middle School Gymnasium Fire Alarm System
Improvements; and
2) Appropriate $47,000 from the General Fund Unassigned Fund Balance to the Facility
Maintenance Division account (415010-41200).
Discussion:
The Meadowbrook Gym is part of a joint project with the City and the District. Constructed with former
Redevelopment Agency funds, the 12,400 square foot facility is located adjacent to Meadowbrook
Middle School (MBMS) on District property. The Meadowbrook Gym was built and currently operates
under a Joint Use Agreement with the District. The District has primary use of the Meadowbrook Gym
during school hours and the City has primary use during non-school hours.
The Meadowbrook Gym's fire alarm system and related emergency door hardware does not meet fire
1 of7 January 19, 2021, Item #6
code requirements and must be replaced. The current fire alarm system in the Meadowbrook Gym
operates independently of MBMS main fire alarm panel and is maintained by the City. The District is
currently in the process of upgrading the fire alarm system for MBMS. Rather than the City and the
District leading two separate improvement projects, the City and the District have agreed that the
District is the responsible party to oversee the fire alarm system improvements at Meadowbrook Gym.
This will ensure that the system at Meadowbrook Gym is fully integrated with the schoolwide fire
alarm system at MBMS. Additionally, by installing one overall system, the City and District will avoid
issues associated with synchronization, potential gaps in knowledge or scope, and warranties that
could lead to significant costs in the future.
In accordance with the facility's Joint Use Agreement, major facility maintenance and equipment
replacement costs are to be shared by the City and the District. City and District staff recommend the
City and District split the costs of the project 50/50 as outlined in the MOU. The total anticipated cost
of the project is $224,000, which includes design, construction, inspection and Department of State
Architect fees. The City's share of costs for the fire alarm system improvements is $112,000. The
project will replace the entire fire alarm system and related door hardware in the Meadowbrook Gym,
replace the MBMS fire alarm panel, and tie the panel at the Meadowbrook Gym into the main campus
system. In FY 2019-20, the City allocated $65,000 for the project based on initial scoping of the fire
alarm system improvements. The initial $65,000 amount was an estimate absent a complete project
design and engineer's estimate. The project's increased costs and subsequent award is based on the
bids received from the District's formal public bidding process. The $65,000 initially allocated for the
project in FY 2019-20 was rolled to the FY 2020-21 Facilities Maintenance Division's budget, with the
shortfall being sought by appropriation.
The MOU for City Council's consideration outlines mutually agreed upon terms whereby the District
is responsible for all aspects of the project. Additionally, the District would assume ongoing
operational control and maintenance responsibilities of the complete system in perpetuity. The
benefit to the City is that the City will be released from ongoing monitoring and maintenance costs,
which amount to approximately $1,600 per year, not including staff management costs of the system.
The District has advertised and received construction bids for the project and will award the project
at an upcoming Board meeting, but the District approved the MOU on December 17, 2020. If the
MOU is approved by the City, the City agrees to transfer a not to exceed amount of $112,000 to the
District for its share of the project within 60 days of executing the MOU. The terms of the MOU are to
be effective when fully executed by the City and the District and shall remain in effect until terminated
by either party, upon sixty (60) days advance written notice.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Funds in the amount of $65,000 are budgeted and available in the Fiscal Year 2020-21 Facilities
Maintenance Division budget (415010-41200) for the City's share of costs for the Meadowbrook Gym
fire alarm system improvements. The project's total anticipated costs for the improvements is
$224,000, with the City's share being $112,000. An appropriation from the General Fund Unassigned
Fund Balance is requested in the amount $47,000.
2 of7 January 19, 2021, Item #6
Public Notification:
None.
Attachments:
A. Memorandum of Understanding
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
3 of7
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
January 19, 2021, Item #6
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
POWAY AND THE POWAY UNIFED SCHOOL DISTRICT FOR
MEADOWBROOK MIDDLE SCHOOL GYMNASIUM
FIRE ALARM SYSTEM IMPROVEMENTS
This Memorandum of Understanding ("MOU") is made and entered into this _12t}!ay ofhecembet"
2020 by and between the City of Poway, a Municipal Corporation (hereinafter referred to as "City")
and the Poway Unified School District (hereinafter referred to as the "District").
RECITALS
WHEREAS, the City and District are mutually interested in and concerned with providing
adequate faci Ii ties and services; and
WHEREAS, said governing bodies are authorized by Chapter 5 of Division 1, Title 1 of the
Government Code of the State of California (Section 6500 et. seq.) to enter into agreements with each
other to promote and preserve the health and general welfare of the community; and
WHEREAS, the District owns the land and the City owns the building, commonly referred to
as Meadowbrook Middle School Gymnasium ("Premises") located at 12250 Meadowbrook Lane.
(APN 317031660); and
WHEREAS, Parties desire to make fire alarm system improvements ("Project") to the
Premises; and
WHEREAS, this MOU is being entered into by the parties in light of parties' separate
Facilities Joint Use Agreement (11 JUA'1
) entered into on June 12, 2007; and
NOW, THEREFORE, the City and District agree as follows:
I. PURPOSE OF THIS MOU
To establish the framework for the documentation and approval of the parties, agreements
relating to the Project.
II. DISTRICT OBLIGATIONS
District agrees to:
4of7
A. Undertake and complete all aspects of the Project, including but not limited to, the
planning, design, contract award, construction, inspection and other associated tasks to
integrate the fire alarm and suppression system with the Premises and bring the system
in compliance with applicable code requirements and standards, as required by the
Education Code, Division of State Architect, and the City of Poway Fire Department.
B. Be responsible for one hundred percent (I 00%) of all costs associated with the
District's contract and subcontract work to complete the Project.
C. Be responsible for the on-going operating expenses, including monitoring,
management, and maintenance of the building's Fire Alarm system, particularly the
hardware and software systems installed in this Project at Premises.
ATTACHMENT A January 19, 2021, Item #6
III. CITY OBLIGATIONS
City agrees to:
A. Within sixty (60) days of execution of this MOUt remit to the District a one-time
payment of One Hundred and Twelve Thousand Dollars ($112,000.00) for the Project
improvements to the Premises. This amount is approximately 50% of the total project
budget.
B. Be absolved from the ongoing equal cost sharing of the fire alarm system expenses.
IV. SCHEDULE OF PERFORMANCE
The parties agree the completion of the Project shall be within twelve (12) months from the
executed date of this MOU.
V. RELEASE OF LIABILITY
Each Party understands and acknowledges that District will perform the improvements and that
if District fails to properly do so, City will not be liable for any damages, direct, consequential,
or otherwise, nor any costs associated with defending any administrative action, legal
proceeding, cause of action, or any other matter resulting from such failure to properly perform
the improvements, which will all be subject to Section VI (Indemnification) of this MOU.
VI. INDEMNIFICATION
Each party agrees to indemnify, defend and hold harmless the other party and its respective
officers, agents, and employees from any and all claims, actions, and losses accruing or
resulting to any person who may be injured or damaged solely by the indemnifying party in
its performance of this MOU. This provision shall survive the term of the MOU.
VII. INSURANCE
VIII.
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 MOU,
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.
DISPUTE RESOLUTION
A. In the event ofany dispute or difference arising from this MOU, then in this event, said
dispute or difference should be settled and arbitrated jointly by the City Manager for
the City of Poway and Superintendent of Poway Unified Schools or their respective
designee.
B. If those efforts or any other agreed-upon formal mediation efforts are not successful,
the Parties shall have all remedies at law or equity to enforce the MOU, including
specific performance.
IX. COST OF LITIGATION
5 of7
If any legal action is necessary to enforce any provision of this MOU or for damages by
reason of any alleged breach of any provision of this MOU, the prevailing party shall be
entitled to receive from the losing party all costs, disbursements, and expenses, and such
amount as the court may adjudge to be reasonable attorney's fees.
January 19, 2021, Item #6
X. GOVERNING LAW
This MOU shaH be governed, construed, interpreted and enforced in accordance with and
under the laws of the State of California.
XI. TERM OF AGREEMENT
This MOU will commence upon its date of execution and shall remain in effect until
terminated by either party. The City or District may terminate this MOU upon sixty (60)
days advance written notice.
XII. AGREEMENT
A. This MOU contains the entire understanding of the Parties hereto with respect to the
subject matter contained herein and represents the complete and final expression of the
parties and supersedes any prior written or oral discussion, negotiation, understandings
or agreements between the parties regarding the subject matter contained herein.
B. This MOU amends the JUA entered in to on June 12, 2007, specifically Exhibit B,
Section D (Utilities), Item 5. All other terms and conditions of the JUA shall remain in
full force and effect.
C. No verbal agreement or conversation with any officer or employee of the parties shall
affect or modify any of the terms and conditions of the MOU.
D. This MOU may be altered, modified or amended only in writing, and executed by the
parties hereto.
XIII. EFFECTIVE DA TE
It is understood and agreed this MOU shall not be effective until it has been signed by all
parties and shall be effective as of the date it is signed on behalf of the City.
XIV. NOTICE
6of7
Notices or demands hereunder given, or to be given by the City or the District to the other may
be personally served upon the City or the District or any person hereafter authorized by either
in writing to receive such notice or may be served by certified letter addressed to the
appropriate address hereinafter set forth or to such other address as the City and the District
may hereinafter designate by written notice.
City of Poway
Director of Community Services and
Director of Public Works
City of Poway
13325 Civic Center Drive
Poway, CA 92064
Poway Unified School District
Associate Superintendent
Business Support Services
15250 Avenue of Science
San Diego, CA 92128
January 19, 2021, Item #6
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date
herein above set forth.
POWAY UNIFIED
SCHOOL DISTRICT
ATTEST:
<µ~
Clerk of the Board
Dr. Darshana Patel
7of7
CITY OF POWAY
Mayor, City of Poway
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
January 19, 2021, Item #6