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HomeMy WebLinkAbout#10 MOU TDRPD Community Resource Center AGENDA ITEM #10 Public Utility District m MEETING DATE: June 5, 2024 TO: Board of Directors FROM: Steven Poncelet, Public Information Officer SUBJECT: Consideration to Approve a Memorandum of Understanding with Truckee Donner Recreation and Park District for a Community Resources Center. APPROVED BY: Brian C. Wright, General Manager RECOMMENDATION: Authorize the General Manager to execute the Memorandum of Understanding, in substantially the same form presented and as approved by District counsel, with the Truckee Donner Recreation and Park District for a Community Resource Center Facility BACKGROUND: The District has invested in service reliability and safety over the years, and has seen improvements as a result. However, the District's facilities remain subject to harsh winter storms and are experiencing increased risks due to climate change, wildfire danger, and human actions. In the extreme, these could lead to prolonged power outages, which require immediate response from District crew and staff, along with support for our customers and community affected by the extended outages. One tool being used by many electric utilities in California to support customers and communities during extended outages is the establishment of Community Resource Centers (CRCs) to provide a safe place to go to access power for charging electronics, along with current utility service information. Locally, Liberty Utilities has signed Memorandums of Understanding (MOUs) for CRCs located at the Truckee Tahoe Airport District and Tahoe City Public Utility District to be available if Liberty Utilities has an extended power outage due to a wildfire safety power outage caused either by their own Public Safety Power Shutoff (PSPS) program or NV Energy's Public Safety Outage Management Program (PSOM). ANALYSIS AND BODY: District staff are recommending the establishment of a CRC within the District's service territory, and have identified the Truckee Donner Recreation and Park District's (TDRPD's) Community Arts Center located at 10046 Church Street in Truckee as a feasible location. This facility is centrally located, has a capacity of up to two hundred (200) persons, meets the requirements of a safe and accessible location, and can be Page 1 of 2 Page 17 of 449 powered by a temporary generator to be provided by the District. District staff reached out to the TDRPD's General Manager to explore establishing a CRC at the Community Arts Center, and have established a MOU based largely on the Liberty Utilities MOU with the Truckee Tahoe Airport District and the Tahoe City Public Utility District. Key components of the MOU include: • Establish location and agree to terms of use in the event of an extended power outage; • Identify the conditions under which a CRC would be activated, and that the CRC may operate between 8:00 AM and 10:00 PM; • Document the responsibilities of the District and TDRPD; and • Protect the interests of the District and TDRPD. The MOU is provided as Attachment 1. The District's Board is considering this MOU at the June 5, 2024, regularly scheduled Board meeting, and the TDRPD Board will consider the MOU at the first available Board meeting in June or soon thereafter. If both parties approve the MOU, District staff will work with our community partners to support the logistics and staffing of the CRC. GOALS AND OBJECTIVES: District Code 1 .05.020 Objectives: 1. Responsibly serve the public 5. Manage the District in an environmentally sound manner 6. Manage the District in an effective, efficient and fiscally responsible manner District Code 1 .05.030 Goals: 1. Manage for Financial Stability and Resiliency 3. Engage with our customers and communities in a welcoming and transparent way to identify opportunities. 4. Modernize the utility and add value to our communities through collaboration and innovation FISCAL IMPACT: There is no direct fiscal impacts associated with this Memorandum of Understanding. ATTACHMENTS: 1. TDPUD - TDRPD CRC MOU 2024 Final Page 2 of 2 Page 18 of 449 COMMUNITY RESOURCE CENTER FACILITY MEMORANDUM OF UNDERSTANDING 1. PARTIES The Parties to this Memorandum of Understanding (MOU),the Truckee Donner Recreation and Park District ("TDRPD" or "the Facility Provider") and Truckee Donner Public Utility District ("District"),TDRPD electric utility provider, agree to establish a Truckee Community Resource Center("CRC') site location and agree to these terms of use in the event of an extended power outage due to winter storm damage, TDPUD pre-emptive de-energization or NV Energy Public Safety Outage Management (PSOM)wildfire safety power outage. 2. PURPOSE A. In coordination with the community that it serves, the District is establishing a CRC to assist communities in real time during extreme weather events that lead to extended interruptions to electric service at the local distribution or regional levels. B. If the District anticipates that the power will be off for a period of more than 24 hours for full-service, the District will open a CRC.The CRC will have temporary back-up power provided and connected to the facility by the District. C. Once activated, the CRC may operate in 14-hour shifts from 8:00 AM to 10:00 PM daily until power has been restored.The CRC can provide device charging stations, chairs, and restrooms. 3. RESPONSIBILITIES OF THE DISTRICT A.The District will make reasonable efforts to notify the TDRPD of CRC establishment with as much notice as possible.The District staff will communicate directly with the TDRPD to provide real-time outage updates. Accurate contact information between the parties shall be maintained. B.The District will coordinate supervision of CRC occupants during the time the facility is used as a CRC site. C.The District agrees that it shall exercise reasonable care in the conduct of its activities in a facility and further agrees to replace or reimburse the TDRPD for any items, materials, equipment or supplies that may be used by the CRC in said facility. D.The District will be responsible for replacing, restoring, or repairing damage occasioned by the use of any facilities or equipment belonging to the TDRPD. E.The District will reimburse the TDRPD for any bona fide expenditure of personnel required to maintain the facility, including overtime cost, upon production of receipts or time sheets.The District will not pay any operational or administrative fees to the TDRPD. F.The District will furnish a temporary backup generator, including fuel,for the duration of hours the facility is used as a CRC. The generator will be sized to power the load required to run the CRC and associated facilities only. Page 19 of 449 G.The District may coordinate, schedule, manage, and supervise volunteer organizations and volunteers to staff the CRC and provide bottled water and snacks to impacted area residents. District staff will communicate directly with impacted CRC occupants to provide real-time utility outage updates. H. The District shall provide any and all releases of information to the press and media. Requests for interviews or information submitted to the TDRPD shall be directed to the District. I.The District will make reasonable efforts to recognize the hospitality of the TDRPD in any press or media releases pertaining to the CRC. J.The District shall save, keep, hold harmless, defend, and indemnify TDRPD, its directors, officers, employees, volunteers and agents from all damages, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received that arise from or are related to this MOU by reason of or in the course of performing work, and caused by any willful or negligent act or omissions of the District or any of the District's employees, volunteers, or subcontractors.This duty to save, keep, hold harmless, defend and indemnify shall not extend to any damages, costs or expenses arising from TDRPD's sole negligence, willful misconduct. K.The District's Insurance Requirements 1.The District's Required Insurance.The District shall procure and maintain for the duration of this MOU,the following insurance against claims for injuries or death to persons or damages to property which may arise from or in connection with its performance under this MOU, and its participants, guests, agents, representatives, employees, aides, and volunteers, and with coverage at least as broad as the following: A. General Liability- Insurance Services Office (ISO) Commercial General Liability Coverage (Occurrence Form CG 00 01) including property damage, bodily injury and personal & advertising injury with limits of at least one million dollars ($1,000,000) per occurrence (two million ($2,000,000) general aggregate, if used) or the full per occurrence limits of the policies available, whichever is greater. If Commercial General Liability Insurance or other form with a general aggregate limit, either the general aggregate limit shall apply separately to the project/location (with the ISO CG 25 03, or ISO CG 25 04, or insurer's equivalent endorsement provided to TDRPD, or the general aggregate limit shall be twice the required occurrence limit. B.Automobile Liability- Insurance Services Office (ISO) Business Auto Coverage (Form CA 00 01), covering Symbol 1 (any auto)with limit of one million dollars ($1,000,000) for bodily injury and property damage each accident. C. Workers' Compensation Insurance-Workers' compensation coverage as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Waiver of Subrogation:The insurer(s) named above agree to waive all rights of subrogation against TDRPD, its directors, officers, employees,volunteers and agents for losses paid under the terms of this policy which arise from work performed by Liberty Utilities, but this provision applies regardless of whether or not the TDRPD has received a waiver of subrogation from the insurer. Page 20 of 449 2.The District's Required Provisions.The polices for the required insurance are to contain, or be endorsed to contain,the following provisions: A. Additional Insured Status: For the Commercial General Liability insurance,TDRPD, its directors, officers, employees,volunteers and agents are to be given insured status (at least as broad as ISO Form CG 20 12), as respects: liability arising out of or related to this MOU including parts, or equipment furnished in connection with such work or operations, and automobiles owned, leased, hired or borrowed by Liberty Utilities.The coverage shall contain no special limitations on the scope of protection afforded to TDRPD, its directors, officers, employees,volunteers and agents. B. Primary Coverage: For any claims related to this Agreement,the District's insurance coverage shall be primary at least as broad as ISO CG 20 0104 13 as respects to the TDRPD, its directors, officers, employees, volunteers and agents. Any insurance or self-insurance maintained by the TDRPD, its directors, officers, employees,volunteers and agents shall be excess of the District's insurance and shall not contribute with it. C. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the TDRPD. 3. Acceptability of Insurers- Insurance is to be placed with insurers having a current A.M. Best rating of no less than A: VII or as otherwise approved by TDRPD. The District agrees and they will comply with such provisions before commencing the MOU. All of the insurance shall be provided on policy forms and through companies satisfactory to TDRPD.TDRPD reserves the right to obtain complete, certified copies of all required insurance policies, including declaration page. Failure to continually satisfy the Insurance requirements is a material breach of contract. 4. Verification of Coverage—The District shall furnish TDRPD with certificates and amendatory endorsements effecting coverage required by the above provisions. All certificates and endorsements are to be received and approved by the TDRPD at least five days before the District commences performance of this MOU.TDRPD reserves the right to require complete, certified copies of all required insurance policies, including policy Declaration pages and Endorsement pages. 4. RESPONSIBILITIES OF THE TRUCKEE DONNER RECREATION AND PARKS DISTRICT A.The TDRPD will endeavor to open its Auditorium at the Community Arts Center at 10046 Church Street,Truckee, CA to provide shelter for a CRC during an extended electric service outage. This facility has a capacity of two hundred (200) persons. B.The TDRPD understands that it will be responsible for opening the building and developing procedures for making the building accessible, including restrooms and an area with an internet connection if available. C.The TDRPD's building will meet current fire codes, have at least two egress routes, and be ADA- compliant. 5. POINTS OF CONTACT AND NOTICE The points of contacts for the parties are set forth below and any notice or other communication ("Notice")which any party may desire to give to the other party under this MOU must be in writing and Page 21 of 449 may be given by any commercially acceptable means, including via first class certified mail, personal delivery, or overnight courier,to the party to whom the Notice is directed, at the address of the party as set forth below, or at any other address as that party may later designate by Notice. Any Notice shall be deemed received immediately if delivered by hand, on the third day from the date it is postmarked if delivered by first-class mail, certified and postage prepaid, return receipt requested, and on the next business day if sent via nationally recognized overnight courier. For the District Name: Brian Wright Position Title: General Manager Email Address: brianwright@tdpud.org Phone Number: 530-582-3957 Address: 11570 Donner Pass Road,Truckee, CA 96161 For the Truckee Donner Recreation and Parks District Name: Sven Leff Position Title: General Manager Email Address: sven@tdrpd.org Phone Number: 530-550-4444 Address: 10981 Truckee Way,Truckee, CA 96161 6. EFFECTIVE DATE This MOU shall become effective upon the signatures of both parties on the last date set forth below. 7. INFORMATION LAWS Nothing in this MOU is intended to conflict with current laws or regulations of the United States of America, California, or local government. If a term of this MOU is inconsistent with such authority,then that term shall be invalid, but the remaining terms and conditions of this MOU shall remain in full force and effect. 8. NO WAIVER The waiver by either party of any breach or violation of any requirement of this MOU shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of Page 22 of 449 this MOU.The failure of either party to insist, on any occasion, upon strict performance of any provision of this MOU will not be considered a waiver of any obligation, right or duty of, or imposed upon, such party. 9. AMENDMENT This MOU may be amended at any time by mutual agreement of the parties.Any amendment shall be in writing and signed by both parties. 10.TERM ANDTERMINATION The term of this MOU shall be for a period of five (5)years beginning on the date that it has been executed by both parties and terminating on the date that is five (5)years from such date, unless it is terminated sooner pursuant to this section. At the end of the initial five (5)term and each subsequent five (5)term, this MOU shall automatically renew for an additional five (5)year term unless it is terminated sooner pursuant to this section. Either party, upon sixty(60) days written notice to the other party, may terminate this MOU. 11. GOVERNING LAW, VENUE AND ATTORNEYS' FEES This MOU will be interpreted, governed by, and construed under the laws of the State of California. Any lawsuit or action to enforce or interpret this MOU shall be brought and maintained only in the Superior Court in and for the County of Nevada, State of California.The parties hereby waive any federal court removal rights and/or rights based on original jurisdiction that they may have. If either party brings any lawsuit or action against the other arising out of or related to this MOU,the prevailing party shall be entitled to recover, in addition to its costs of suit and damages, reasonable attorneys' fees to be fixed by the court.The "prevailing party" shall be the party who is entitled to recover its costs of suit, whether or not suit proceeds to final judgment. 12. COUNTERPARTS This MOU may be executed in counterparts, each of which shall be deemed an original, and all of which when affixed together shall constitute but one and the same instrument. For the District Printed Name: Title: E-mail: For the Truckee Donner Recreation and Parks District Printed Name: Title: Email: Page 23 of 449