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R2005-0140 09-19-05 RESOLUTION NO. R2005-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING INTERLOCAL AGREEMENT WITH THE PEARLAND INDEPENDENT SCHOOL DISTRICT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Interlocal Agreement by and between the City of Pearland and the Pearland Independent School District ("PISD"), a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an Interlocal Agreement with PISD. PASSED, APPROVED and ADOPTED this the 19th day of September A.D., 2005. ~J1 TOM REID MAYOR ATTEST: APPROVED AS TO FORM: ~ \~J~ &- DA IN M. COKER CITY ATTORNEY Exhibit "A" Resolution 2005-140 INTERLOCAL AGREEMENT FOR EMERGENCY USE OF SCHOOL FACILITIES AND BUSES THE STATE OF TEXAS S S COUNTY OF BRAZORIA S KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT is made and entered into by and between the Pearland Independent School District, a political subdivision of the State of Texas and a legally constituted independent school district within Brazoria County, Texas, hereinafter referred to as "District" and the City of Pearland, a political subdivision of the State of Texas and a legally constituted municipality, hereinafter referred to as "City." RECITALS WHEREAS, City is vulnerable to the effects of numerous natural and man-made emergency incidents; WHEREAS, City has developed an Emergency Management Plan to assist individual and family victims of natural disasters and other life-threatening emergencies; WHEREAS, in the event of an emergency incident, City is responsible for providing an Emergency Operations Command Center ("EOC") to provide emergency planning to assure the availability of assistance and proper resources to its citizenry; WHEREAS, City and District, as local governmental entities, arc authorized to enter into this Interlocal Agreement for the provision of governmental functions and services. pursuant to Chapter 791 of the Texas Government Code; WHEREAS, the pm1ies desire to cooperate in the provision of emergency assistance to Pearland residents: WHEREAS, understanding the importance of maintaining continuous operations of the EOC in emergency situations, the City desires to establish a back-up EOC location in the even that City's EOC becomes incapable of providing a safe environment for furtherance of EOC activities; WHEREAS. District, recognizing the need and importance for a back-up EOC location, desires to allow the City to use portions of the Pearland Jr. High South campus as a back-up EOC location; WHEREAS, the City and the District recognize that in the event of natural disasters and other life-threatening emergencies there is a need to establish mass care shelters to conduct emergency disaster relief activities and to transport people to such shelters: and WHEREAS. the City and the District recognize that in the event of natural disasters and other life-threatening emergencies there is a need to store debris following the disaster. NOW, THEREFORE, the parties agree as follows: I. BACK-UP Eoe FACILITY The District agrees that, after meeting its responsibilities to its students, teachers, and staff, it will permit, to the extent of its ability and upon request of the City's emergency management official the use of the Jr. High South Campus as a back-up EOC during emergency situations as follows: access to the teaching theater and the computer room on the second floor of the lr. High South Campus for EOC activities; access to the gymnasium, restrooms, and showers at the .Ir. High South Campus for EOC acti vi ti es; allow the use of antennas, provided by the City, on the lr. High South Campus for EOC activities; allow the use of a generator and provide space for a backup generator on the Jr. High South Campus for EOC activities; provide school keys to either the Fire Marshal or the acting Emergency Management Coordinator. The City agrees to return the lr. High South Campus to the condition it was prior to its use as a back-up EOC immediately following its use of the facility. The City also agrees to provide food and water to those who are utilizing the lr. High South Campus during EOC activities. The City further agrees to provide the staffing needed for all EOC activities. II. EMERGENCY SHELTERS The District agrees that, after meeting its responsibilities to its students, teachers, and staff, it will permit, to the extent of its ability and upon request of the City's emergency management official the use of Jamison Middle School, Sablatura Middle School, Rustic Oak Elementary School and Challenger Elementary School as emergency shelter sites. The District also agrees to, at its expense, provide a custodian at each of these shelter sites. The District also agrees to pay all utilities for the District's facilities used as emergency shelters. The City agrees to provide all other staff at the shelters. The District agrees that, after meeting its responsibilities to its students, teachers, and staff, it will permit, to the extent of its ability and upon request of the City's emergency management official the use of its school buses and drivers to transport people to shelters if the buses are not needed to transport district students. The City agrees to supply all necessary insurance documentation as required by tbe District. HOUSTONIl885576 I -2- The parties agree that bus drivers will not be requested nor required to drive school buses in any areas that present dangerous conditions, such as fallen trees, Hooding, loose debris, downed power lines, etc. Upon determination by the City that one or more of the above-listed school facilities and/or school buses are needed, the City's emergency management official shall promptly notify the District of the specific facilities and number of school buses needed. Upon receiving notification from the City's emergency management official, the District shall make the determination regarding whether District facilities and buses may be made available for use by City. After determining the availability of facilities, the City emergency management official shall notify the proper campus officials to open the facilities as mass shelters and the proper transportation officials to provide access to buses. III. STORAGE OF DEBRIS The District agrees that, after meeting its responsibilities to its students, teachers. and staff, it will permit, to the extent of its ability and upon request of the City's emergency management official the use of two vacant school sites, if available, to store debris following a disaster and once clean-up efforts begin. The City agrees to restore said sites to their original condition within six (6) months of when the debris is first stored on District property. IV. TERM The term of this contract shall run from the datc this contract is signed until revoked by either of the parties by written letter to the political subdivision at the address below. V. MISCELLAI'\EOUS PROVISIO",S The parties agree that by entering into this Agreement, neither the City nor the District is waiving any governmental immunity it otherwisc enjoys. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on this 1Jt~_ day of September _____m .2005. By: CITY OF PEARLAND By: " " ) ,/.,; ) I l- ~". .1 Tom Reid Mayor HOUSTON\ 1885576.1 ,., -.J- ATTEST: J:tl~~ Letitia Farnie, Secretary Board of Trustees HOUSTON\1885576.1 ATTEST: -4-