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HomeMy WebLinkAboutR2025-055 20250428RESOLUTION NO. R2025-55 A Resolution of the City Council of the City of Pearland, Texas, authorizing participation in an Interlocal Agreement with the Pearland Independent School District (“District”) for the use of District resources and facilities to support community responses to disaster and/or emergency events. 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 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 28th day of April, A.D., 2025. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: A26EE0B9-EAB9-46C8-964B-1BE9768F61FA INTERLOCAL AGREEMENT FOR COORDINATION AND COOPERATION DURING LARGE SCALE EMERGENCY RESPONSE AND RECOVERY OPERATIONS THE STATE OF TEXAS § §KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZORIA § THIS AGREEMENT is established 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 the “District”and the City of Pearland,a political subdivision of the State of Texas and a legally constituted municipality,hereinafter referred to as the “City.”The District and the City are collectively referred to as “the Parties.” WHEREAS,the Parties are committed to the wellbeing of the Pearland community and its residents;and WHEREAS,the Parties recognize the Pearland community is vulnerable to the effects of various and potentially severe natural and man-made hazards (i.e.,emergencies and disasters)that may threaten life,property,and the general wellbeing of the community and its residents;and WHEREAS,the City maintains an all—hazardsEmergency Operations Plan to respond to disasters and large-scale,life-threatening emergencies to mitigate adverse impacts of such incidents on the Pearland community and its residents,and to facilitate and expedite recovery of the community in the aftermath;and WHEREAS,the City is responsible for organizing and overseeing local emergency response efforts and undertaking emergency operations necessary to prevent loss of life,minimize property damage, alleviate human suffering,avert environmental degradation,and avert loss of historic or culturally signi?cant aspects of the community in the event of disaster or major emergency;and WHEREAS,the Parties,as local government entities,are authorized to enter into Interlocal Agreements for the provision of governmental functions and services,pursuant to Chapter 791 of the Texas Government Code;and WHEREAS,the Parties intend to coordinate,cooperate,and collaborate in the provision of emergency assistance to the Pearland community, NOW THEREFORE,the Parties mutually agree as follows: DEFINITIONS The following de?nitions are applicable to this agreement: Disaster.Disaster means_the occurrence or imminent threat of widespread or severe damage, injury,or loss of life or property resulting from any natural or man—madecause,including ?re,?ood,earthquake,wind,storm,wave action,oil spill or other water contamination, volcanic activity,epidemic,air contamination,blight,drought,infestation,explosion,riot, hostile military or paramilitary action,extreme heat,cybersecurity event,other public (1) Docusign Envelope ID: A26EE0B9-EAB9-46C8-964B-1BE9768F61FA calamity requiring emergency action,or energy emergency. Emergency.An emergency includes the full range of hazard occurrences that require an emergency response to protect life or property and public health and safety. Major Emergency.A major emergency is an unusual incident that is beyond the scope of typical emergency responses undertaken by Pearland Fire,Police and Engineering and Public Works departments.Major emergencies may be larger in scope,more complex,and/or more severe in terms of actual or potential effects than a typical emergency Characteristics or a major emergency include the following: 1)Involves a large area,signi?cant population,or important public and private facilities and infrastructure. 2)May require implementation of large—scaleevacuation or in-place sheltering and/or implementation of temporary shelter and mass care operations. 3)May require a sizable multi—agencyresponse operating under an incident commander (1C) or uni?ed command (UC).The City’s emergency operations center may be activated to support the response. 4)May require some external mutual-aid assistance from other local government agencies, contractors,private utility service providers,and/or state or federal agencies. II EMERGENCY RESPONDER STAGING Upon request of the City and upon meeting its responsibilities to its students,teachers,and professional staff,the District will permit,to the extent of feasible,use of its facilities during Disaster or Major Emergency as follows: The District will make its facilities available to the City for staging of emergency responders, supporting staff,and response equipment (i.e.,shelter,subsistence,parking,emergency operations center,etc.); The City will communicate its requirements to the District,and the District will detennine which of its facilities are available and most suitable for the purpose requested; City requirements typically include use of gymnasiums,cafeterias,restrooms,showers,food preparation facilities,use of intemet connectivity,and temporary installation of communications antennas; City requirements may also include use of temporary electrical power generators and suitable locations to stage emergency power equipment. The District will communicate any limitations on the use of its facilities and the City will conform to any constraints speci?ed by the District; (2) Docusign Envelope ID: A26EE0B9-EAB9-46C8-964B-1BE9768F61FA The City will return District facilities to their prior condition as soon as possible,exclusive of any disaster—relateddamage,and will be responsible for the cost of repair of any damage resulting from use of District facilities by City staff or agents City representatives,conditions permitting,will accompany District representatives in joint inspection of facilities offered for City use,prior to occupancy,to facilitate restoration of the premises upon conclusion of emergency operations. The City will provide staff and all logistical support necessary to sustain emergency responders while staged in District facilities; The District will absorb the cost of utilities at District’s facilities used for emergency responder staging that is not reimbursed by the state or federal government. Barry Miller Junior High School has been identi?ed as a preferred location and a facility most suitable for City requirements.In the event that alternative facilities become necessary,however,the designated District of?cial shall determine,on behalf of the District,which alternative facilities are most suitable under the circumstances. III FUEL AND TRANSPORTATION Upon request of the City and after meeting its responsibilities to its students,teachers,and professional staff, the District will permit,to the extent feasible,use of its transportation resources (i,e.,vehicles,drivers,fuel, etc.)during disasters and major emergencies as follows: The District will,subject to availability,provide local transportation (i.e.,school buses,bus drivers, fuel,etc.)to facilitate the evacuation of vulnerable residents,including those registered in the State of Texas Emergency Assistance Registry (STEAR),from areas at risk of damage to a place of safety; In the event that Brazoria County and/or the City initiate an evacuation of STEAR registrants,the District will utilize its transportation resources to collect Pearland STEAR registrants and similarly vulnerable residents from their place of residence and deliver them to a local evacuation hub for evacuation; The City will provide identity and address information to the District,preferably in geographic information system format,to facilitate the most ef?cient use of transportation resources; The District,subject to availability,will make transportation resources available to evacuate STEAR registrants and similarly vulnerable residents from the STEAR evacuation hub to a place of shelter designated by the state or county,in the event Brazoria County and or the City initiate an evacuation of STEAR registrants.This contingency applies only when,and if,the State of Texas cannot provide transportation,other sources of transportation of unavailable or untimely,and failure to evacuate especially vulnerable residents would increase the risk of death or serious bodily injury; (3) Docusign Envelope ID: A26EE0B9-EAB9-46C8-964B-1BE9768F61FA Although there is no expectation that the District would participate in the return of evacuated STEAR registrants and similarly vulnerable residents to Pearland from inland shelter,the District will make transportation resources available to assist STEAR registrants and other vulnerable residents return to their homes,following their delivery to the evacuation hub by state resources. In the event of a limited,local evacuation (i.e.,signi?cant natural gas leak,hazardous materials release,etc.)within the Pearland Fire Department response area,the District will,subject to availability,make transportation resources available to evacuate at-risk residents and transport them from the point of evacuation to a local place of safe refuge,as determined by the City. In the event the City initiates ?ood rescue or evacuation operations within the Pearland Fire Department response area,the District will,subject to availability,make transportation resources available to transport ?ood victims from the point of evacuation (i.e.,the collection point)to a local place of safety,as determined by the City. The District,in its sole discretion,will evaluate emergency risk factors to determine the availability transmutationresources (i.e.,vehicles and drivers)... City will reimburse the District for the cost of repairs for damage to district transportation resources in the event such repair costs are not reimbursed by insurance or the state or federal government; In the event the City cannot obtain fuel from its normal commercial sources,and alternative sources are unavailable or untimely,the District will make its fuel stores available to the City to facilitate the continuity of emergency response and recovery operations.The City will reimburse District ?iel costs not reimbursed by the state or federal government. IV POINTS OF DISPENSING/DISTRIBUTION (POD) Upon request of the City and upon meeting its responsibilities to its students,teachers,and professional staff,the District will permit,to the extent feasible,use of its facilities for points of dispensing and distribution as follows: In the event of a public health emergency requiring large scale administration of medical countermeasures (i.e.,vaccines,prophylaxis)to the public (i.e.,mass vaccination,mass pharmaceutical dispensing,etc.),the District will make its facilities available to establish points of dispensing. In the event of a major disaster requiring distribution of food,water,and similar humanitarian supplies essential to the wellbeing of the populace,the District will make its facilities available to establish points of distribution. If large—scalemedical countermeasure dispensing or commodities distribution becomes necessary, City anticipates the implementation of drive-through POD sites,which require use of large and accessible parking lots capable of efficiently ?owing vehicular traf?c through the site. The City will provide the infrastructure necessary to establish the POD sites and staff comprised of city employees,volunteers,and potentially Texas Military Forces will operate the sites. (4) Docusign Envelope ID: A26EE0B9-EAB9-46C8-964B-1BE9768F61FA The City will provide all logistical support necessary to operate the POD sites,and the District will make support facilities available (i,e.,restrooms,supply staging areas,etc.). In the event drive-through POD sites are impractical due to prevailing circumstances,the District will provide interior spaces suitable for mass vaccination or distribution of pharmaceutical countermeasures and/or essential commodities.This contingency applies only when,and if,drive— through POD sites are not viable and failure to provide medical countenneasures or emergency commodities would increase the risk of death and serious bodily injury or exacerbate human suffering. The District will communicate any limitations on the use of its facilities and the City will conform to any constraints specified by the District; City representatives,conditions permitting,will accompany District representatives in joint inspection of facilities offered for City use,prior to occupancy,to facilitate their restoration upon conclusion of emergency operations. The City will restore District facilities used as POD sites to their prior condition upon conclusion of emergency operations and will be responsible for the cost of repair of any damage resulting from use of District facilities by City staff,agents,or the general public. V EMERGENCY SHELTER Upon request of the city and upon meeting its responsibilities to its students,teachers,and professional staff,the District will permit,to the extent feasible,use of its facilities during disaster or major emergencies as follows: The District will make its facilities available to shelter displaced residents when,in the judgment of the City,no more appropriate or suitable alternatives exist; The City will communicate its sheltering requirements to the District,and the District will determine which of its facilities are available and most suitable for the purpose requested; The District will communicate any limitations on the use of its facilities and the City will conform to any constraints specified by the District; The City will staff and operate emergency shelters with city employees,volunteers,voluntary organizations active in disaster (VOADS),and potentially Texas Military Forces; Conditions permitting,City representatives will accompany District representatives in joint inspection of facilities offered for City use,prior to occupancy,to facilitate their restoration upon conclusion of emergency operations. (5) Docusign Envelope ID: A26EE0B9-EAB9-46C8-964B-1BE9768F61FA The City will be responsible for the cost of repair of any damage resulting from use of District facilities by City staff,agents or the general public that is not reimbursed by insurance or the state or federal government. Potential emergency sheltering sites include Jamison Middle School,Sablatura Middle School,Rustic Oak Elementary School,and Challenger Elementary School.In the event that alternative facilities become necessary,the designated District official shall determine,on behalf of the District,which alternative facilities is most suitable under the circumstances; In the event its facilities are utilized as an emergency sheltering site,the District will provide custodial services at each such site. The District will absorb the cost of utilities at District’s facilities used as emergency shelter. VI DISATER RECOVERY CENTER Upon request of the City and upon meeting its responsibilities to its students,teachers,and professional staff, the District will,to the extent feasible,permit use of its facilities in the aftermath of disaster as follows: The District will make its facilities available to host a federal disaster recovery center (DRC)in the event that,in the judgment of the City,no more suitable and appropriate facilities are available; The use of facilities to host federal DRCs is typically governed by License/Use Agreement —Use of Real Property/Facilities between the facility owner (i.e.,the District)and the Federal Emergency Management Agency (FEMA).The City will join District representatives in a joint federal-local inspection of any facilities proposed for use,when evaluating the facility’s suitability,to facilitate restoration of the facility to its prior condition upon DRC deactivation; The District will absorb the cost of utilities at District’s facilities used for emergency responder staging that is not reimbursed by the state or federal government. VII DEBRIS REMOVAL AND STAGING Upon request of the City and upon meeting its responsibilities to its students,teachers,and professional staff, the District will permit,to the extent feasible,use of its facilities in the aftermath of disaster as follows: When disaster impacts result in a large quantity of debris,the District will permit the use of available and suitable facilities (i.e.,unutilized parking lots,vacant land,etc.)to temporarily stage and process debris following a disaster; The District will make its facilities available for debris staging only in the event that,in the judgment of the City,no more suitable and appropriate facilities are available; (6) Docusign Envelope ID: A26EE0B9-EAB9-46C8-964B-1BE9768F61FA The City will restore any sites used to temporarily stage and process disaster debris to their prior condition as soon as possible but in no case more than six (6)months after the time when debris is ?rst staged on the site unless circumstances require extended use and the District agrees to extend use of the facility. In the event that a federal disaster declaration authorizing public assistance category A (Debris Removal)is issued,the City will remove disaster debris from District property,on behalf of the District,provided that such debris is staged in an accessible location.The District acknowledges that debris removal costs incurred by the City,on behalf of the District,are ineligible for insurance bene?ts.The District will refrain from pursing reimbursement for the cost of debris removal undertaken by the City.If at a later date the District receives funding for debris removal (e.g.,insurance proceeds or state or federal reimbursement),the District will reimburse the City’s debris removal costs and the City will remove these costs from any insurance or federal reimbursement claims, VIII TERM The term of this agreement shall extend from the date of signature by both Parties until terminated by either of the Party by written notice to the other at the address indicated below.The inde?nite term of this agreement re?ects the persistent vulnerability of the Pearland community to disaster and major emergencies.This agreement may be terminated by either party by written notice to the other Party no less that forty-?ve (45)days prior to termination.Regardless of the term term,this agreement shall be reviewed by designated of?cials of both Parties annually,to assess whether any modi?cations are necessary or desirable. IX MISCELLANEOUS PROVISIONS The Parties agree that by entering into the Agreement,neither of the Parties waive any governmental immunity they otherwise enjoy. The Parties agree to attach and maintain current a listing of City and District of?cials,agencies, and of?ces responsible for the implementation of this agreement.This listing shall be reviewed annually, validated,and updated as necessary,particularly if organizational restructuring results in reassignment of duties,responsibilities and expectations set forth in this agreement. Upon noti?cation from City public safety or emergency management of?cials,the District shall make a determination as to whether its facilities and/or transportation resources may be made available for use by the City for purposes set forth above. Upon determination that District facilities and/or transportation resources are available,City public safety or emergency management of?cials shall coordinate with the designated District of?cials to access designated facilities and/or transportation resources. hr the event of a federal disaster declaration authorizing Public Assistance and federal reimbursement (7) Docusign Envelope ID: A26EE0B9-EAB9-46C8-964B-1BE9768F61FA of emergency protective measures,the City will include District costs (i.e.,force account labor,force account equipment,supplies and materials consumed or expended,etc.)at the request of the District. IN WITNESS WHEREOF,each party has caused this Agreement to be executed by its duly authorized representative on this day of ,2025 PEARLAND INDEPENDENT SCHOOL CITY OF PEARLAND DISTRICT By:By:@QQVUQ/ Crystal Carbone,President Kevin Cole Board of Trustees Mayor (8) Docusign Envelope ID: A26EE0B9-EAB9-46C8-964B-1BE9768F61FA City of Pearland Points of Contact Pearland Of?ce of Emergency Management Peter F.Martin Emergency Management Coordinator E-Mail:pmartin@pearlandtx.gov Of?ce:281-997-4648 Mobile:281-728—1226 Mellanee Roberts Deputy Emergency Management Coordinator E-Mail:mroberts@gearlandtx,gov Office:281-997-4640 Mobile:281-620-2956 Pearland Fire Department J.Taylor Fire Chief E—Mail:j gtaylor@pearlandtx.gov Of?ce:281—997—5852 Mobile:832-795-8326 Curtis Birt Assistant Fire Chief E—Mail:cbirt@pearlandtx.gov Of?ce:281-997-4641 Mobile:832-840-4494 Jacob Johnson Assistant Fire Chief E—Mail:jjjohnson@pearlandtx.gov Office:281-997-5841 Mobile:281-961-4499 Pearland Police Department Johnny Spires Police Chief E-Mail:jspires@pearlandtx.gov Of?ce:281-997-4110 Chad Randall Assistant Police Chief E—Mail:crandall@gearlandtx‘gov Office:281—997-4100 Mobile:713—440—9281 Docusign Envelope ID: A26EE0B9-EAB9-46C8-964B-1BE9768F61FA Patrick Savage Assistant Police Chief E-Mail:psavage@pearlandtxgov Of?ce:281-997-4120 Mobile:713-775-4078 Pearland Engineering and Public Works Department Lorenzo Wingate Director E-Mail:lwingate@pearlandtx.gov Of?ce:281—652-1641 Mobile:281-841-0707 Eric Hammond Assistant Director E—Mail:chamrnond@gearlandtx.gov Of?ce:281-652-1944 Mobile:281—924—85l4 Priya Bhakta Assistant Director E-Mail:pbhakta@pearlandtx.gov Of?ce:281—652—1954 Mobile:832—727—0140 Pearl?nd Indefiéndent School District Points of Contact Safety and Operations Department John Palombo Executive Director E-Mail:PALOMBOJ@pearlandisdcrg Of?ce:281-485—3203 Mobile:832 -425-2864 Transportation Department Keith A.Kaup Director, E—Mail:KAUPK@pearlandisd.org Of?ce:281—485—3562 Mobile:281 —967—8831 Docusign Envelope ID: A26EE0B9-EAB9-46C8-964B-1BE9768F61FA