Item 13 - MOU Between Community Church of Poway & City to use Church as Emerg. Shelter in Event of EvacuationMEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("Agreement" or "Understanding") is effective July 1, 2023, between Community
Church of Poway ("Provider") and the City of Poway ("City") ( each a "Party" and collectively the "Parties").
RECITALS
A. The City has the responsibility in a disaster to ensure that adequate shelters are available for those residents who have
been evacuated from their homes.
B. The Provider has a facility (13501 Community Road, Poway, California 92064) suitable for sheltering~those displaced
from their homes for an undetermined amount of time. The Parties recognize the mutual benefit of utilizing the identified
Facility as a disaster shelter. The City has the authority to contract for the use of property on a 24/7 basis within a
mutually agreed upon time frame when such property is needed in connection with a disaster causing evacuations of the
residents of San Diego County.
C. The Provider desires to assist those disaster evacuees consistent with its obligations and duties owed to its members,
users, clients and neighbors.
NOW, THEREFORE, for valuable consideration as hereinafter set forth, the parties hereto agree as follows:
1 Term. The term ("Term") of this Agreement is for a period of approximately five (5) years, commencing July 1, 2023
and ending December 30, 2028 unless sooner terminated under the terms of Agreement. Provided either party does not give
the other Party at least 180 days advance written notice of its election for non-renewal, this Agreement shall automatically
renew for one (1) additional five (5) year period on the same terms and conditions.
2 Conditions. The parties agree that the following conditions shall apply to this Agreement:
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2.1 For purposes of this Agreement, a disaster shall be defined as the actual or threatened existence of conditions
of disaster or extreme peril to the safety of persons and property within the City caused by conditions such as air
pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions, including conditions resulting from
war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are
or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the
combined forces of other political subdivisions to combat. The City Manager, serving as the EOC Director, has the
authority to declare a public emergency and request the services of the Community Church of Poway.
2.2 This Agreement is subject to and conditioned upon the written consent to the terms of this Agreement by the
Provider's subtenant and other contractual users of the Facility.
2.3 Physical Surveys and Inspection Reports. The Provider will make the Facility available for security and physical
assessments by law enforcement and City employees at reasonable times and during normal business hours at the
inception of this Agreement and annually thereafter, even if the Facility is not used as an emergency site.
A written joint physical survey and inspection report of the Facility shall be prepared and signed by each Party each
time the City requests use of the Facility, reflecting the existing conditions at that time. A similar written joint
physical survey and inspection report of the Facility shall be prepared and signed by each Party at the completion
of each use, reflecting the existing conditions.
2.4 Closure. The City shall provide the Provider with 24 hours' notice prior to discontinuing use of the Facility as
a shelter.
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3 Obligations of Parties. During the Term of this Agreement, the Parties shall furnish the following to each other:
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3.1 Obligations of Provider. The Provider shall furnish the following:
3.1.1 Immediate contact information of the person responsible for opening and closing buildings and rooms,
repairs, maintenance, and servicing of the Facility and all related equipment fixtures.
Primary Person or Agency Contact: Butch Young
Name: Butch Young
Address: 13501 Community Road, Poway
Office Phone: 858-748-3304
Cell Phone: 858-220-1600
Home Phone:
E-Mail:
Alternate Contact: Kraig Klaproth
Name: Kraig Klaproth
Address: 13501 Community Road
Office Phone: 858-748-3304
Pager/Cell Phone: 858-449-4192
Home Phone:
E-mail:
3.1.2 To the extent the conditions of the disaster permit use of indoor environmental control, the Provider
will use its best efforts to maintain 59-86 degrees Fahrenheit;
3.1.3 Parking as it currently exists for emergency vehicles and truck maneuvering space will be made
available for emergency use;
3.1.4 Space as it currently exists for the erection of multiple pop-up tents and large storage units will be
available for emergency use;
3.1.5 Indoor space as it currently exists to set up a rest area for personnel during the period of the disaster;
3.1.6 Use of the multipurpose room;
3.1.7 Use of office space concurrent with parish staff use;
3.1.8 Access and use of copy machines;
3.1.9 Restrooms;
3.1.10 Available multiple accesses (entrance and exit);
3.1.11 Sprinkler system and fire extinguishers as currently installed will be available during the period of
the disaster;
3.1.12 The Provider will use its reasonable efforts to maintain a rodent/insect free environment;
3.1.13 Refrigeration/Cooler;
3.1.14 Electrical power and outlets as currently exist in the Facility;
3.1.15 Accessible Wi-Fi;
3.1.16 The tables and chairs available at the time of the disaster will be available for use;
3.1.17 Hand trucks as currently available will be available for disaster use;
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3.2 Obligations of the City. The City shall provide the following:
3.2.1 Immediate contact information of the person(s) responsible for activating the Provider as a shelter.
Primary Contact: Jeff Chumbley
Address: 13325 Civic Center Drive, Poway CA
Office Phone (858) 668-4461
Cell Phone (760) 445-7945
E-Mail: jchumbley@poway.org
Alternate Contact: Brian Mitchell
Address: 13325 Civic Center Drive, Poway CA 92064
Office Phone (858) 668-4462
Cell Phone (760) 805-6458
E-Mail: bmitchell@poway.org
3.2.2 The City shall provide training for personnel associated with the Provider so that they are prepared to
open and operate a care and shelter facility in the event of a disaster.
3.2.3 The City shall act as a liaison between the Provider and the American Red Cross and make every
reasonable effort to assist the Provider in obtaining reimbursement from the Red Cross for the costs of
operation of the Facility or the portion of the Facility (including utilities) used during the emergency period.
4 Loss, Damage or Destruction. The City, hereby assumes liability for the loss, damage, or destruction of the Facility
and equipment furnished under this Agreement, if such loss, damage or destruction is related to or arises from the City's use
of the Facility and equipment, or is otherwise related to or arising from the City's performance of its obligations under this
Agreement; provided that no reimbursement will be made for loss, damage or destruction when due to (1) ordinary wear
and tear, (2) the fault or negligence of the Provider, the Facility or its agents.
5 Insurance and Indemnity.
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5.1 Liability Insurance. Each Party acknowledges that it has in force and effect appropriate insurance or is
permissibly self-insured.
5.2 Indemnity. The City shall indemnify and hold the Provider harmless from and against any and all claims
arising from the City's use of the Facility and the equipment furnished, and from the conduct of the City's business
or from any activity, work or thing done, permitted or suffered by the City in or about the Facility or elsewhere on
the Property. The City shall further indemnify and hold the Provider harmless from and against any and all claims
arising from any breach or default in the performance of any obligation of the City or arising from any negligence
of the City or any of the City's agents, contractors or employees and from and against all costs, attorney's fees,
expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon. If
any action or proceeding is brought against the Provider by reason of any such claim, the City, upon notice from
the Provider, shall defend the same at the City's expense by counsel satisfactory to the Provider. The City, as a
material part of the consideration to the Provider, hereby assumes all risk of damage to property or injury to persons
in, upon or about the Facility arising from City's use of the Facility and equipment furnished, and the City hereby
waives all claims in respect thereof against the Provider.
5.3 Exemption of the Provider from Liability. The City hereby agrees that the Provider shall not be liable
for injury to the City or for any damage to the goods, wares, or other property of the City, its employees, invitees,
customers or any other person in or about the Facility. Further, the Provider shall not be liable for any injury to the
City, its employees, agents or contractors whether such damage or injury is caused by or results from fire, steam,
electricity, gas, water or rain or from breakage, leakage, obstruction or other defects of pipes, sprinklers, wires,
appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the damage or injury
results from conditions arising upon the premises or upon other portions of the property or from other sources or
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places and regardless of whether the cause of damage or injury or the means of repairing the same is inaccessible
to the City.
6 Holding Over. In the event the City remains in possession of the Facility after the expiration of this Agreement,
the Agreement shall be automatically extended on a day-to-day basis and otherwise on the terms and conditions herein
specified.
7 Termination. This Agreement may be terminated as follows:
7.1 Termination by the City. The City may terminate this Agreement for convenience at any time, by providing
written notice to the Provider stating the effective date of such termination.
7.2 Termination by the Provider: The Provider may terminate this Agreement with 180 days' written notice to
the City.
7.3 By mutual agreement of the Parties hereto;
7.4 Upon expiration of the Term.
8 Assignment. The City shall not assign its interest in this Agreement without first obtaining the Provider's prior
written consent.
9 Notices. Any notice, demand, request, consent, approval or communication that either party desires or is required
to give to the other or any other person shall be in writing and either served personally, sent by prepaid certified mail, first
class, or facsimile and shall be addressed to the other party at the address set forth under its name on the signature page of
this Agreement. Either party may change its address by notifying the other party of the change of address in writing
accordance with this Section. Notice shall be deemed effective upon receipt if personally delivered or seventy-two (72)
hours from the date of mailing if mailed as provided in this Section.
10 Attorney's Fees. If either party brings an action to enforce the terms of this Agreement or declare rights hereunder,
the prevailing party in such action, on trial or appeal, shall be entitled to reasonable attorney's fees to be paid by the losing
party as fixed by the court.
11 Security Measures. The City hereby acknowledges that the Provider hereunder does not include the cost of guard
service or other security measures and that the Provider shall have no obligation whatsoever to provide the same. The City
assumes all responsibility for the protection of the City, its agents and invitees from acts of third parties.
12 Miscellaneous.
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12.1 Amendments. This Agreement contains all agreements of the parties with respect to any matter mentioned
herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Agreement may
be modified only in a writing signed by all parties hereto.
12.2 Severability. The invalidity of any provision of this Agreement as determined by a court of competent
jurisdiction, shall in no way affect the validity of any other provision hereof and it shall remain in full force and
effect.
12.3 Governing Law. This Agreement shall be governed by the laws of the State of California.
12.4 Authority. Each individual executing this Agreement on behalf of such entity represents and warrants that
he or she is duly authorized to execute and deliver this Agreement on behalf of that entity.
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12.5 Incorporation of Recitals. Recital provisions set forth above are an integral part of this Agreement and
are by this reference incorporated herein as though set forth in full.
12.6 Dispute Resolution
12.6.1 If any party hereto becomes involved in litigation arising out of this Agreement, or the performance
of it, the court or tribunal in such litigation, or in a separate suit, may award reasonable costs and expenses
of litigation, including expert witness fees and attorney's fees, to the prevailing party.
12.6.2 Mediation of Disputes. Except as otherwise provided herein, the parties agree to mediate any
dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting
to court action. Mediation fees, if any, shall be divided equally among the parties involved. If, for any
dispute or claim to which this paragraph applies, any party commences an action without first attempting
to resolve the matter through mediation or refuses to mediate after a request has been made, then that party
shall not be entitled to recover attorney's fees, even if they would otherwise be available to that party in
any such action.
12.6.3 Exclusions from Mediation. The following matters are excluded from mediation: (1) a judicial or
non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment
land sale contract as defined in California Civil Code §2985; (2) an unlawful detainer action; (3) the filing
or enforcement of a mechanic's lien; and ( 4) any matter that is within the jurisdiction of a probate, small
claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action,
for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver
of the mediation provisions.
By: __________ _ By _______________ _
Susan Gurriell, Past Moderator
Address: 13501 Community Road
Poway, California, CA 92064
Tel.#:
Email:
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Chris Hazeltine, City Manager
13325 Civic Center Drive
Poway, California 92064
Tel.# (858) 668-4501
Email: chazeltine@poway.org
APPROVED AS TO FORM:
Alan Fenstermacher, City Attorney
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