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HomeMy WebLinkAboutC35720 - MOU City, Indian Wells, Co. of Riv-MEOCCONTRACT NO. C35720 CITY OF PALM DESERT OFFICE OF THE CITY MANAGER STAFF REPORT REQUEST: APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF INDIAN WELLS AND THE COUNTY OF RIVERSIDE FOR THE PURCHASE OF A MOBILE EMERGENCY OPERATIONS CENTER VEHICLE (MEOC). SUBMITTED BY: DATE: CONTENTS: Recommendation By Minute Motion: Stephen Y. Aryan, Risk Manager September 22, 2016 Memorandum of Understanding 1. Approve the acquisition of a new 3/4 ton truck and necessary outfitting as a Mobile Emergency Operations Center in an amount not to exceed $35,000; 2. Authorize and direct the City Manager to enter into a Memorandum of Understanding with the City of Indian Wells and County of Riverside to equally share costs associated with the outfitting of a Mobile Emergency Operations Center vehicle with the City of Indian Wells; and 3. Authorize the donation of the vehicle to the County of Riverside to operate and maintain the vehicle on behalf of the Cities of Palm Desert and Indian Wells. 4. Appropriate $35,000 from the Unobligated General Fund. Commission Action The Palm Desert Public Safety Commission will review this matter at their September 14, 2016, meeting and their action was unknown at the time this report was prepared. Staff can provide a verbal update on the Commission's action if requested. Strategic Plan Objective This matter is related to the Public Safety and Emergency Services section of the Palm Desert Strategic Plan, specifically under Prioritv 3: Help the community become more prepared for disasters and public safetv emergencies. The priority's strategy is to expand the city's current disaster preparedness efforts through increased education and public outreach. Staff Report -Emergency Services Coordinator MEOC September 22, 2016 Page 2 of 3 Background Vehicle Procurement and Acquisition Beginning in March of 2016, the cities of Indian Wells and Palm Desert (the "Cities' agreed to share the costs of one full -time -equivalent Emergency Services Coordinator ("ESC' position from the County of Riverside (the "County'). The shared position allows the Cities to better prepare for and recover from natural disasters and other major emergencies. For Fiscal Year 2015-16, the ESC position fell under the Riverside County Fire Department contract for service with both Cities. For Fiscal Year's 2016-17 through 2018/19, the Cities entered into a separate, stand-alone agreement with the newly created Riverside County Emergency Management Department ("EMD"). As called for under the new EMD contract, the Cities agreed to provide the ESC with a vehicle outfitted for emergency response, otherwise referred to as a Mobile Emergency Operations Center ("MEOC'�. The MEOC allows for rapid response in emergencies and provides field deployed emergency response. The City of Indian Wells was designated to purchase this vehicle and equally share the cost with Palm Desert. Their Staff conducted a search for competitive pricing, per Indian Wells Fiscal Policies, and found the lowest price for a new 2016 Chevrolet Silverado 250OHD to be from Caldwell Country Chevrolet under the Houston -Galveston Area Council Buy (" HGACBuy'l program, a local government procurement service out of Texas. Staff recommends purchase order with Caldwell Country Chevrolet under HGACBuy for the acquisition of the truck. Upon receipt of the truck, the Cities will work through EMD to outfit the vehicle with required lights, sirens, and communications equipment. Memorandum of Understanding ("MOU") To further clarify provisions of ownership of the vehicle between the Cities and the County, an additional MOU (Attachment) is needed. The Cities already negotiated and entered into an MOU detailing provisions of the shared cost of the ESC position and vehicle acquisition, but that agreement did not specify details of long-term ownership of the vehicle. Through a separate MOU, the Cities agree to donate the vehicle to the County for the duration of the contract for ESC services. During that time, the County, pursuant to the EMD contract, is responsible for all costs of operation, maintenance, and insurance of the vehicle. Upon termination of the EMD contract, the Cities and the County agree to a couple of options. If only one city terminates the EMD contract while the other remains, then the remaining city is required to pay half of the current fair market value for the vehicle to the terminating city. If both Cities terminate the EMD contract collectively, then the County can either purchase the vehicle from the Cities or return the vehicle. The Cities can jointly Staff Report -Emergency Services Coordinator MEOC September 22, 2016 Page 3 of 3 negotiate dispossession at that time. In no instance will the County retain ownership of the vehicle without compensating the Cities. Fiscal Impact The Council previously authorized the purchase of the vehicle, but the costs were unknown at the time. The estimated cost of acquisition and outfitting of the vehicle will be equally split between the two cities and is estimated as follows: Item Cost 50% City Share 2016 Chevy Silverado 250OHD $35,691 $17,845.50 Tax, Title, & License* $3,300 $1,650 Code 3 Package (lights & siren) $10,000 $5,000 Radio Communication Package $9,400 $4,700 Mobile Computer w/ Mount $4,500 $2,250 TOTAL COST ESTIMATE $62,891 $31,445.50 * Estimate from California DMV Indian Wells agreed to be the primary purchasing agent for the acquisition and outfitting. The City will invoice Palm Desert upon completion for their share of costs. Submitted By: Stephen Ary n, Risk Man ger Reviewed By: J et oore, Director of Finance/City Treasurer Approval: 8-f A tinMcCarthy, Interim (Manager CONTRACT NO. C35720 MEMORANDUM OF UNDERSTANDING FOR SHARED MOBILE EMERGENCY OPERATION CENTER This Memorandum of Understanding ("Agreement") is entered into effective July 1, 2016, by and among the Cities of Indian Wells ("Indian Wells") and Palm Desert ("Palm Desert") (hereinafter collectively referred to as the "Member Cities"), and the County of Riverside on behalf of its Emergency Management Department ("EMD"). The Member Cities and EMD agree as follows: 1. PURPOSE The purpose of this Agreement is to set forth the responsibilities of the Member Cities and EMD as they relate to the acquisition, disposition, maintenance and repair, insurance, use, coordination and other issues concerning a dedicated vehicle for emergency response, otherwise referred to herein as a "mobile emergency operations center" ("MEOC") for emergency preparedness and response services provided under separate contract currently in effect, and as it may hereafter be extended, by and between each of the Member Cities, respectively, and the EMD ("Emergency Services Contract"). II. ACOUISITION AND OUTFITTING OF MEOC For purposes of proactively preparing for, responding to and recovering from multi -hazard emergency events within their jurisdictions, the Member Cities shall acquire and initially share title to, and shall equally share the cost of acquisition and outfitting of, the MEOC. Among other requirements, the MEOC shall be equipped to respond to emergency situations with lights and sirens, and shall contain such other equipment which the Member Cities and the EMD agree are reasonable and necessary for emergency response. III. DONATION OF VEHICLE TO EMD Following acquisition and outfitting of the MEOC by the Member Cities as set forth herein above, the Member Cities shall donate and transfer title of the MEOC to EMD (County of Riverside), and EMD shall accept such donation by the Member Cities. IV. USE. MAINTENANCE. INSURANCE AND OTHER RESPONSIBILITIES OF EMD REGARDING MEOC (a) During the period commencing with donation of the MEOC to EMD and through the date that the MEOC is donated back to the Member Cities as set forth hereinafter ("Use Period"), EMD shall be solely responsible for the operation, maintenance and repair of the MEOC, including without limitation all costs and expenses related thereto. (b) At all times during the Use Period, EMD shall repair and maintain the MEOC such that the MEOC remains in substantially the same condition as when it was donated by the Member Cities to EMD, subject to normal wear and tear. (c) At all times during the Use Period, EMD shall procure and maintain full and adequate insurance, or shall be self -insured in accordance with a self-insurance 17336 02100\29115276.1 CONTRACT NO. C35720 program of the County of Riverside, covering (1) damage to or loss of the MEOC, at the full replacement value of the MEOC, as equipped pursuant to this Agreement, and (2) operation of the MEOC. In the event of partial damage to the MEOC, EMD shall promptly restore the MEOC to substantially the condition it was in as of the date of its donation to EMD. In the event of total loss of the MEOC, EMD shall promptly pay to each Member City one-half of the insurance proceeds covering such loss. Evidence of such insurance policies or self- insurance shall be provided to the Member Cities upon donation of the MEOC to the EMD, and EMD shall promptly notify the Member Cities in writing of any update or change in such insurance. All such insurance shall be subject to approval by the Member Cities. (d) At all times during the Use Period, the MEOC shall predominately serve only the Member Cities, shall be used only by staff regularly assigned to the Member Cities on a full-time or temporary basis, and shall only be used outside the boundaries of the Member Cities for routine duty officer rotations as agreed to in the Emergency Services Contracts or as otherwise approved in advance by both of the Member Cities. V. PURCHASE BY EMD OR DONATION BACK TO MEMBER CITIES In the event that both of the Member Cities concurrently terminate their Emergency Services Contracts prior to expiration of the terms thereof, if the term of the Emergency Services Contracts of both of the Member Cities is not extended, or if the Emergency Services Contract of one of the Member Cities survives that of the other, then one of the following shall occur: (a) If both Emergency Services Contracts terminate concurrently, then EMD and the Member Cities may in their mutual discretion negotiate the purchase of the MEOC, as equipped, by EMD at fair market value; provided that if the parties desire to arrive at a purchase and sale but cannot agree upon the fair market value, then the parties in their mutual discretion may select a mutually agreed upon appraiser to determine fair market value, for which the EMD shall pay one-half, and the Member Cities shall each equally share in paying for the other half; or (b) If EMD and the Member Cities cannot agree upon a purchase and sale of the MEOC, as equipped, then EMD shall donate the MEOC, as equipped, back to the Member Cities, or as applicable to the Member City with the surviving Emergency Services Contract as described in Section VI, in substantially the same condition as when it was donated by the Member Cities to the EMD, subject to normal wear and tear, without any obligation of the Member Cities or Member City (as applicable) to make payment to the EMD therefor. VI. MEMBER CITIES' OBLIGATIONS TO EACH OTHER UPON CERTAIN EVENTS (a) If one of the Member Cities terminates or does not extend the term of its Emergency Services Contract and the other Member City's Emergency Services Contract remains in effect or is extended, then the Member City with the surviving Emergency Services Contract shall pay to the terminating Member City 17336,02100\29115276.1 CONTRACT NO. C35720 an amount of money equal to one-half of the fair market value of the MEOC, as equipped, determined as of the effective date of such termination or expiration of the Emergency Services Contract. If the Member Cities cannot agree upon such fair market value, then the Member Cities shall select a mutually agreed upon appraiser, for whom each Member City shall pay one-half of the fees and costs, and the payment made to the other Member City hereunder shall be one-half of the resulting appraised value. For purposes of this Subsection (a), any Member City terminating its Emergency Services Contract shall provide notice to the other Member City at the same time it provides notice thereof to the EMD, and any Member City not extending the term of its Emergency Services Contract shall provide notice thereof to the other Member City at least thirty (30) days prior to the effective date of expiration of the term of its Emergency Services Contract. (b) If the MEOC is otherwise donated back to both Member Cities pursuant to Section V, then the Member Cities shall negotiate in good faith the terms and conditions of the retention and use of the MEOC by the Member Cities, or else its disposition, in which latter event the proceeds of sale, if any, shall be distributed equally between the Member Cities. (c) In the event that the Member Cities mutually agree that the MEOC requires replacement or additional outfitting with new equipment for any reason, the Member Cities shall acquire and initially share title to a new MEOC and any and all such equipment. The terms and provisions of this Agreement applicable to the previously acquired MEOC shall be applicable to such newly acquired MEOC. VII. EFFECTIVE DATE AND TERM OF AGREEMENT This Agreement shall become effective on the last date that all of the Member Cities and EMD execute this Agreement. This Agreement shall terminate on the date that the later of the following events occurs: (a) both Emergency Services Contracts, as they may be extended, concurrently terminate, and (b) the date that any surviving Emergency Services Contract, as it may be extended, terminates. IN WITNESS WHEREOF the Member Cities and EMD have executed this Agreement as of the dates set forth below. 17336 02100\29115276.1