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Home My WebLink AboutA6700 - AGUA CALIENTE BAND OF CAHUILLA INDIANS - MOU RE: USE OF MOBILE FUEL TRAILER MEMORANDUM OF UNDERSTANDING Between The AGUA CALIENTE BAND OF CAHUILLA INDIANS And The PALM SPRINGS FIRE DEPARTMENT This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered into by and between the Agua Caliente Band of Cahuilla Indians, a federally recognized Indian tribe, hereinafter referred to as "the Tribe," and the City of Palm Springs Fire Department, hereinafter referred to as "PSFD,"hereinafter collectively referred to as the "Parties" and individually as "Party." WHEREAS, the Parties are subject to natural and man-made disasters, which could overwhelm their resources; and WHEREAS, the Parties value their intergovernmental relationships and continuously seek to improve response and recovery capabilities through collaboration; and WHEREAS, an informed, cooperative, coordinated response by all governments provides the most safe and immediate response and recovery to disasters and emergencies; and NOW, THEREFORE, based on the foregoing and for good and valuable consideration, the Parties agree to the following: I. PURPOSE The purpose of this MOU is to provide a structured mechanism for cooperation between the Parties to coordinate management of response and recovery operations in, and adjacent to, the Indian and Tahquitz Canyons. This document shall serve to outline the ownership, storage, and use of the TransFueler 500 gallon diesel fuel trailer, hereinafter referred to as "fuel trailer." II. OWNERSHIP The Tribe purchased a mobile fuel trailer ("Tribe's Trailer") in August 2013 to refuel the Tribal Mobile Emergency Operations Center("BOC") fifth wheel during incident response and natural or man-made disasters. Using a Tribal grant, the Palm Springs Fire Department purchased two identical fuel trailers and placed them at Palm Springs fire stations for the sole purpose of refueling fire equipment, station emergency generators including the City's emergency generator at City Hall. III. STORAGE The Tribe's Trailer exceeds the needs of the Tribe and is not needed for sole dedication to the Tribe's mobile EOC. For the purposes of coordination and sharing resources, the Parties agree that the Tribe's Trailer will be stored at the PSFD Fire Station 444. PSFD will use the Tribe's Trailer for refueling the City's fire equipment and will respond with the Tribe's Trailer to service the Tribe's equipment when requested. PSFD will assume responsibility for storage and maintenance of the Tribe's Trailer including keeping it full of fuel. IV. EOC REFUEL AND NOTIFICATION The Parties agree that PSFD will fuel/refuel the EOC anytime it is in use in the field should the need arise. The Tribe will make contact with the PSFD on-duty battalion chief to request fuel when the EOC gas gauge indicates that half a tank remains. The PSFD will respond and refuel the Tribal mobile EOC in a timely manner. When Tribe's Trailer is no longer needed in the field, PSFD will refill the Tribe's Trailer and place it back in storage at Station#444. No fuel charges will be submitted to the Tribe. This partnership allows full use of the Tribe's Trailer by the PSFD and assures the Tribe that fuel will be made available for the Tribe's operations. V. WORKERS COMPENSATION It is understood and agreed that any PSFD employees will be covered under applicable Worker's Compensation insurance by the City of Palm Springs and shall receive benefits for any injury or death that may occur under applicable Worker's Compensation law. VI. LIABILITY Each of the Parties to this Agreement expressly waives all claims against the other Party for compensation for any loss, damage, personal injury, or death arising from the performance of or other actions under this MOU. VII. INDEMNIFICATION Each Party shall, with respect to all actions covered by or incidental to this Agreement, indemnify and hold harmless the other Party and its officers, employees and agents from and against any and all claims, losses, liabilities, demands, damages or costs (including reasonable attorneys' fees and costs) made, but only to the extent any such claim arises from the negligence or willful misconduct of the indemnifying Party or an individual or entity for which the indemnifying Party is legally liable including, but not limited to, officers, agents, employees, consultants or sub- contractors of the indemnifying Party. VIII. MISCELLANEOUS Agreement Review: Agua Caliente Band of Cahuilla Indians (Director of Emergency Services) and Palm Springs Fire Department (Fire Chief) will meet at least once a year to review this Agreement. Agreement Modification: Changes within the scope of this Agreement shall be made by the written approval of both agencies. IX. PRINCIPAL COOPERATOR CONTACTS Agua Caliente Band of Cahuilla Palm Springs Fire Department Indians Margaret Muhr On-Duty Battalion Chief Director of Emergency Services Palm Springs Fire Department 0: 760-883-1345 0: 760-323-8183 C: 760-285-8829 P.S. Dispatch : 760-323-8111 Email: mmuhr aguacaliente-nsn.gov iudv.blumberg(a,palmspringsea.gov X. EFFECT AND TERMINATION Effect: The term of this MOU will be for five years beginning on September 1, 2014 and it will be automatically extended by twelve (12) additional calendar months on September 1, 2019, and every September 1st thereafter. Termination: Any Party to this Agreement may withdraw from the Agreement at any time and for any reason by providing a ninety (90) day written notice to the other Party, as follows: Agua Caliente Band of Cahuilla Indians Palm Springs Fire Department Tribal Council City Council 5401 Dinah Shore Drive 3200 E. Tahquitz Palm Springs, CA 92264 Palm Springs, CA 92262 DATED: �1L}� , Z, 2 b 1 F E, Chairman DATED: APPR AS TO FORM STEV OUGNET, Mayor TY ATTORNEY ATTEST; AFFO`d Q�� E!?g1 w f ilS iL d DATE D6•Ig 16 1 6 \!5 a,'\ �`'I�OQ ity Clerk