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Home My WebLink AboutAGENDA REPORT 2023 1115 CCSA REG ITEM 10HCITY OF MOORPARK, CALIFORNIA City Council Meeting of November 15, 2023 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. H. Consider Ratifying Amendment No. 2 to Public Safety Power Shutoff Community Resource Center License Agreement. Staff Recommendation: Authorize ratification of Amendment No. 2 to Public Safety Power Shutoff Community Resource Center License Agreement. (Staff: Roger Pichardo, Program Manager) Item: 10.H. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Roger Pichardo, Program Manager DATE: 11/15/2023 Regular Meeting SUBJECT: Consider Ratifying Amendment No. 2 to Public Safety Power Shutoff Community Resource Center License Agreement BACKGROUND On October 21, 2020, the City Council approved License Agreement No. 2020-210 (Agreement) between Southern California Edison (SCE) and the City of Moorpark authorizing SCE to establish Community Resource Centers (CRCs) during Public Safety Power Shutoff (PSPS) event(s) at designated City facilities. The Agreement provides an operational model in which the takedown and setup of the CRCs are managed by City staff using existing City equipment. The CRC is staffed by SCE personnel during its operational hours. SCE staff is responsible for obtaining and distributing information and supplies, as well as ensuring the security of both the CRCs and the City facility. SCE is responsible for covering the costs associated with the use of City facilities as CRCs. CRCs, when activated, serve as safe locations for residents and community members to recharge electric devices and access information related to PSPS events. Depending on the facility being utilized, additional resources, including water, snacks, accessible restrooms, and Wi-Fi, may also be available. CRCs do not offer overnight services. Accommodating CRCs have not caused disruptions to existing uses, such as recreation programs, or to other emergency uses. On August 12, 2021, Amendment No. 1 to the subject Agreement was executed. This Amendment included non-technical revisions to terminology; the designation of additional outdoor City facilities for use during PSPS events; and the establishment of a License Fee payable to the City by SCE for the use of the added outdoor City facilities. Item: 10.H. 89 Honorable City Council 11/15/2023 Regular Meeting Page 2 DISCUSSION The term of the Agreement was through October 27, 2023. However, the Agreement provides a provision whereby the City Manager may extend the Agreement in one-year increments, up to a total of two years, through a written notice to SCE within 30-days of the expiration date. However, in lieu of a written notice, on September 19, 2023, staff received a request from SCE for Amendment No. 2 to the Agreement. The Amendment extends the term of the Agreement for an additional two-year period, from October 27, 2023, to October 27, 2025, and provides amendments to terminology to better define the meaning of 'Public Safety Event and Activities' throughout the Agreement. The second to the last sentence of Section 3 is replaced in its entirety with the following: •“Public Safety Event” means the existence of one or more conditions resulting in the loss or shutoff of power for public safety. Because SCE did not provide sufficient time for the City Council to consider Amendment No. 2 prior to the expiration date, staff executed the Amendment to keep the Agreement valid and allow for CRCs during PSPS events and is seeking ratification of the agreement by the City Council. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no further environmental review is required. FISCAL IMPACT There is no fiscal impact associated with this action. However, in the event that a CRC is activated, the City will receive a fixed fee of $500 for each day of use of an Outdoor License Area and $1,500 for each day of use for the use of an Indoor License Area per PSPS event. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Authorize ratification of Amendment No. 2 to Public Safety Power Shutoff Community Resource Center License Agreement. Attachment: Amendment No. 2 to Public Safety Power Shutoff Community Resource Center License Agreement 90 AMENDMENT # 2 TO PUBLIC SAFETY POWER SHUTOFF COMMUNITY RESOURCE CENTER LICENSE AGREEMENT Between SOUTHERN CALIFORNIA EDISON COMPANY And CITY OF MOORPARK DocuSign Envelope ID: FE39CEB9-56A5-4BD2-A872-A77CEC4B3B2A ATTACHMENT 91 R E C I T A L The Parties desire to amend the Agreement to modify the definition of “Public Safety Event” and extend the term of the Public Safety Power Shutoff Community Resource Center License Agreement, dated October 27, 2020 (as amended from time to time, the “Agreement”), between SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation (“SCE”), and THE CITY OF MOORPARK, a Municipal Corporation, (“Licensor”). SCE and Licensor are referred to herein individually as a “Party” and jointly as the “Parties.” AGREEMENT NOW, THEREFORE, for good and valuable consideration, the Parties agree to amend the Agreement as follows 1.The last sentence of Section 3 is replaced in its entirety with the following: For purposes of this Agreement, a “Public Safety Event” means the existence of one or more conditions resulting in the loss or shutoff of power for public safety. 2. The term of the Agreement shall be extended for two (2) years, such that the term of the Agreement shall end on October 27, 2025. The extension and termination provisions set forth in the second and third sentences of Section 5 remain unchanged. Except as expressly modified as set forth herein, the Agreement remains unchanged and, as so modified, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this Amendment and to be duly executed. LICENSEE SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation By: Name: Robert A. Carbajal Title: Senior Manager, Customer PSPS Compliance & Strategy Date: LICENSOR CITY OF MOORPARK, a municipal corporation By: Name: Troy Brown Title: City Manager Date: DocuSign Envelope ID: FE39CEB9-56A5-4BD2-A872-A77CEC4B3B2A 10/19/2023 10/23/2023 92 PUBLIC SAFETY POWER SHUTOFF COMMUNITY RESOURCE CENTER LICENSE AGREEMENT Between SOUTHERN CALIFORNIA EDISON COMPANY And CITY OF MOORPARK DocuSign Envelope ID: FE39CEB9-56A5-4BD2-A872-A77CEC4B3B2A 93 EXHIBIT A NOTICES CITY OF MOORPARK (“Licensor”) SOUTHERN CALIFORNIA EDISON COMPANY (“SCE”) Unless otherwise specified, all Notices are deemed provided in accordance with Section 9 if made to the address and phone numbers provided below: Unless otherwise specified, all Notices are deemed provided in accordance with Section 9 if made to the address and phone numbers provided below: Contract Administration: Attn: Roger Pichardo Street:799 Moorpark Avenue City: Moorpark, CA 93021 Phone: (805) 517-6241 e-mail: rpichardo@moorparkca.gov Contract Administration: Attn: Calvin On Street: 4777 Irwindale Avenue City: Irwindale, CA 91010 Phone: (626) 224-2267 e-mail: calvin.on@sce.com Payments and Invoicing: Attn: Finance / Administrative Services Street:799 Moorpark Avenue City: Moorpark, CA 93021 Phone: (805) 517-6271 e-mail: ap@moorparkca.gov Payments and Invoicing: Attn: Calvin On Street: 4777 Irwindale Avenue City: Irwindale, CA 91010 Phone: 626) 224-2267 e-mail: calvin.on@sce.com ACH Routing Information: Financial Institution: [_____________] Branch: [_____________] Address: [_____________] City, State, & Zip: [_____________] Routing Number: [_____________] Account Number: [_____________] ACH Routing Information: N/A Wire Transfer: Bank: Branch: ABA: ACCT: Wire Transfer: N/A Bank: Branch: ABA: ACCT: PSPS Event Notification Attn: Roger Pichardo Phone: (805) 517-6241 Cell: (805) 302-9168 e-mail: rpichardo@moorparkca.gov PSPS Event Notification Attn: Priscilla Ortiz Phone: (626) 419-6973 e-mail: priscilla.ortiz@sce.com with a copy to: Attn: Calvin On e-mail: calvin.on@sce.com DocuSign Envelope ID: FE39CEB9-56A5-4BD2-A872-A77CEC4B3B2A 94