December 6, 2022, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
December 6, 2022
Honorable Mayor and Members of the City Council
Jeff Chumbley, Fire Chief r
Brian Mitchell, Deputy Fire Chief
(858) 668-4462 or [email protected]
CITY COUNCIL
Memorandum of Understanding between St. Michael's Catholic Church and the City of Poway to use the Church as an Emergency Shelter in the Event of an Evacuation
During a disaster, it is the City's responsibility to ensure that adequate shelters are available for residents who have been evacuated from their homes. The City and St. Michael's Church (Church) have expressed mutual interest in establishing a Memorandum of Understanding (MOU) for the Church to be utilized as an emergency shelter in the event of an evacuation. The MOU formalizes the City's and Church's responsibilities to provide evacuees with shelter in the event of an emergency.
Recommended Action:
It is recommended the City Council approve the Memora.ndum of Understanding with St. Michael's Catholic Church and the City's use of their facility in the event of an emergency and authorize the City Manager to execute the agreement.
Discussion:
During a disaster, it is the City's responsibility to ensure that adequate shelters are available for those who have been evacuated from their homes. St. Michael's Catholic Church desires to assist those evacuees and is suitable for providing shelter to those displaced from their homes for an undetermined amount of time. Following the Witch Creek Fire in 2007, it was determined additional shelter sites were needed in the City. An MOU between the City and the Church was previously in place between 2009 -2019 but expired. The City and Church now desire to enter into a new MOU to continue to serve the public in an emergency.
The American Red Cross (ARC) has the primary role of providing care and shelter for evacuees in San Diego County. In a significant event with multiple shelters open, the ARC may not be able to. fill all requests being made to provide shelter to evacuees. More than 100 City staff and community 1 of7
December 6, 2022, Item #5
volunteers have received training in shelter operations which gives the City the ability to supplement the ARC and provide 24-hour care for evacuees. The City has a 40-foot shipping container on the Church property which holds shelter supplies for up to 300 evacuees.
The MOU will commence upon its date of execution and remain in effect for five (5) years. Provided either party does not give the other party at least 180 days advance written notice for non-renewal, this Agreement shall automatically renew for one (1) additional five (5) year period on the same terms and conditions.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA) Fiscal Impact:
There is uncertainty surrounding the actual use of the emergency shelter following a disaster.
Consequently, the fiscal impact of such events cannot be precisely determined. There is sufficient funding in the Extreme Events Reserve Fund to be able to provide residents with shelter in the event of an emergency. Potentially up to 75% and/or 6.25% of the total cost could be recovered by FEMA and/or the California Disaster Assistance Act (CDAA) respectively. Reimbursements from other sources is also a potential as disaster funding changes over time.
Public Notification:
None.
Attachments:
A. Memorandum of Understanding
Reviewed/Approved By:
Wendyaserman
Assistant City Manager
2 of 7
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
December 6, 2022, Item #5
MEMORANDUM
OF
UNDERSTANDING
This
Memorandum
of
Understanding
("Agreement"
or
"Understanding")
is
effective
December
I,
2022,
between
St.
Michael's
Catholic
Church
("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
(15546
Pomerado
Road,
Poway,
California
92064)
suitable
for
sheltering
those
displaced
from
their
homes
for
an
undetermined
amount
of
time.
The
Parties
recognize
the
mutual
benefit
ofutilizing
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:
I Term.
The
term
("Term")
of
this
Agreement
is
for
a period
of
approximately
five
(5)
years,
commencing
December
I,
2022
and
ending
November
30,
2027
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
(I)
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:
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
ofother
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
St.
Michael's
Church.
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. 3
of7
ATTACHMENT
A
December 6, 2022, Item #5
3 Obligations of Parties. During the Term of this Agreement, the Parties shall furnish the following to each other:
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:
Name: Father Melchisedech Monreal
Address: 15546 Pomerado Road
Office Phone: 858-487-4755
Cell Phone: 858-487-4755
Home Phone: 858-487-4755
E-Mail: [email protected]
Alternate Contact:
Name: Mark Williams
Address: 15546 Pomerado Road
Office Phone: 858-487-4755
Pager/Cell Phone: 619-218-6983
858Home Phone: 858-675-4505
E-mail: [email protected]
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; 4of7
December 6, 2022, Item #5
3.2 Obligations of the City. The City shall provide the following:
4 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: [email protected]
Alternate Contact: Brian Mitchell
Address: 13325 Civic Center Drive, Poway CA 92064
Office Phone (858) 668-4462
Cell Phone (760) 805-6458
E-Mail: [email protected]
3.2.2 The City shall provide and place on the Provider's property, a metal storage container up to forty ( 40) feet in length containing sufficient cots, bedding and toiletries to accommodate 300 evacuees for at least seventy-two (72) hours in the event of a disaster.
3.2.3 The City shall provide any and all permits or administrative actions necessary to ensure that the storage container is in compliance with pertinent city building codes.
3.2.4 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.
3.2.4 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.
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.
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 of7
December 6, 2022, Item #5
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 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 I 80 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.
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. 6 of7
December 6, 2022, Item #5
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
.
12.5 Incorporation
of
Recitals.
Recital
provisions
set
forth
above
are
an
integral
pa1t
of
this
Agreement
and
are
by
this
reference
incorporated
herein
as though
set
forth
in
foll.
12 .6
Dispute
Resolution
12.6.1 If
any
party
hereto
becomes
involved
in
litigation
ansmg
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
attomey'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
res01ting
to
court
action.
Mediation
fees,
if
any,
shall
be
divided
equally
among
the
parties
involved.
u:
for
any
dispute
or
claim
to
which
this
paragraph
applies,
any
pa1ty
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
fi-om
mediation:
(I)
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
matte
r 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
.
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Address:
15546
Pomerado
Road
Poway,
California,
CA
92064
Tel.#:
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Email:
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By
______
_
______
_
Chris
Hazeltine
, City
Manager
13325
Civic
Center
Drive
Powa
y,
California
92065
Tel.#
(858)
668-4501
Emai
I:
[email protected]
APPROVED
AS
TO
FORM:
A
lan
Fenstermacher
, City
Attorney