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HomeMy WebLinkAbout5437 RESOLUTION NO. 5437 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE AUBURN SCHOOL DISTRICT FOR MUTUAL AID DURING EMERGENCIES. WHEREAS, the Parties agree that during an emergency it is important for each of them to have an alternate location from which to conduct emergency operations if either Party's facilities become inoperable; and WHEREAS, the Parties are willing to provide each other with assistance during an emergency by making their facilities available; and WHEREAS, the cities are authorized by RCW 39.34 and RCW 38.52.091to enter into this agreement; and WHEREAS, it is in the public interest for the City of Auburn to enter into an agreement for the provision of alternate facilities for responding to a city emergency. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to execute an Agreement between the City and the Auburn School District for reciprocal use of each entities facilities, which agreement shall be in substantial conformity with the agreement attached as Exhibit A. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation, including but not limited to amending the specific facility requirements in Exhibit A. Resolution No. 5437 June 17, 2019 Page 1 of 2 Section 3. That this Resolution shall take effect and be in full force upon passage and signatures. Dated and Signed this ll day of AA/ , 2019. CITY OF AUBURN (NCYckt CKUS, M A YOR ATTEST: 7\imititnAbi i levDlthlukt (A4k Ve r Campbell, C, �ty� APPRIVED AS TO FORM: `� Steven L. Gross, City Attorney Resolution No. 5437 June 17, 2019 Page 2 of 2 Reciprocal Emergency Facility Use Agreement Exhibit A EOC Space requirements The City has a need for two critical functions during a disaster or other large scale event that prevents the City from using it's normal work areas. These are generally considered office type environments for essential personnel to coordinate the city's emergency response and recovery efforts and to perform essential functions to help operate and lead City departments. While many of the options in this exhibit use school facilities as examples, any room or area of similar size could be considered. It is preferred to have the EOC and COOP operations in the same building or campus, however the Safe Assembly area should not be at the same location. Emergency Operation Center- Use of a room or rooms to be used by the city as an alternate location for operation of the City's EOC. The space needed for the EOC operations is approximately 1,200 square feet. A normal school classroom or the administration conference room or computer lab would be an example of a sufficient work area. • Additional Support: - This should include the use of the facility's electrical power, internet, WIFI if available, access to restrooms, and water. Electrical support would come from the facility's normal outlets, typical electrical service for a classroom or office area would suffice. A small parking area for up to 30 EOC personnel is also needed. Continuity of Operations Plan (COOP)- Essential personnel from each city department would require space to plan, coordinate, and lead each department's operations from an alternate location. It is expected that each department would need tables and chairs from which to perform office work on laptop computers using cell phone and paperwork brought by City staff. The space needed for the city's COOP efforts would be more significant due to the number of staff members involved. This space would be approximately 2,500 square feet. Ideally this could be accommodated with 2-3 normal school classrooms, or other rooms of similar size. One large room such as the Board Room in the administration building would also work. • Additional Support—This should include the use of the facility's electrical power, interne, WIFI if available, access to restrooms, and water. Electrical support would come from the facility's normal outlets, typical electrical service for a classroom or office area would suffice. A parking area for up to 80 COOP personnel is also needed. Safe Assembly Location Use of a parking area, restrooms and water as a safe assembly location for temporary use until evacuees can be directed to an emergency shelter. The intent is for a location that evacuees can gather in a safe location until directed to relocate to a longer term shelter in another location. It is anticipated that vehicles will temporarily fill any available paved and marked parking areas. Depending on scale of evacuation and number of vehicles it's possible that overflow parking may also be needed on unpaved parking areas of the facility. Safe assembly locations are intended to be a short term usage, until Emergency Shelters are activated, at that time those residents at the safe assembly locations will be directed to move to the shelter. The city will have staff members on location to coordinate traffic and communicate with evacuees as soon as possible. Auburn Mountainview High School is designated as a potential Safe Assembly location. Emergency Shelter Auburn School District facilities may be used as emergency shelter as agreed to with the American Red Cross. Transportation The use of Auburn School District buses, if available, would include utilizing the agency's bus drivers. Buses and drivers will remain under the control of their agency. For most evacuations it is expected that the large 49 passenger buses would be preferable due to their ability to move the most evacuees. Reciprocal Emergency Facility Use Agreement Between the City of Auburn and the Auburn School District 1. The Parties to this Agreement are the City of Auburn ("City") and the Auburn School District ("District"), both of which is an entity authorized to enter into this agreement pursuant to Chapter 39.34 (Interlocal Cooperation Act) of the Revised Code of Washington. 2. Statement of need or goals. All parties recognize the importance for each of them to have the use of functional facilities during major emergencies or events. Each party has a dedicated facilities, and trained staff to coordinate its efforts as described in each party's Comprehensive Emergency Plan. All parties also recognize that an event or emergency may render that party's facilities inoperable and the parties may need to perform emergency- related duties from an alternate location. The purpose of this Agreement is to allow one party to use the facilities of another party, if available for use. 3. What is included in the Agreement. Use of the responding party's facilities, communications equipment, audio visual equipment, and other equipment that is generally used for operations. The facilities may include office space, large space that can be used as a shelter, and parking lots that may be used as a safe assembly location. 4. Radios/phones/computers/room size needed. For each potential need, the parties have identified on Exhibit A their estimated space needs, as well as additional support included but not limited to electricity, water, internet, cable, restroom(s), telephone(s), computer(s), and radio(s). 5. When Agreement will be used. The Agreement may be used when a requesting party's facilities are determined to be unusable. 6. How to activate. Upon determination of need by the requesting party's emergency manager or designee,the requesting party will contact the responding party's emergency manager, or designee,to request use of the responding parties facilities. The request should estimate the level of activation and the estimated time the facility will be needed. 7. Support by responding party. The responding party will provide a liaison, when possible, to assist with operation of equipment, supplies, and other infrastructure needed to operate the facilities. Once the requesting party has occupied the facility, the parties will determine if the liaison is required full time, or simply available as needed. 8. Requesting party responsibilities. The requesting party will maintain all equipment in an operational condition and will not make any changes to computers, radios, hardware or software without the consent of the responding party. The requesting party is responsible for the cleanup of any debris and returning the facility to its normal condition. Page 1 of 6 9. Recovery of any costs incurred. The requesting party will be responsible for any damages, repairs, and personnel costs incurred by the responding party as a result of the requesting party's use. 10. Timing. The responding party will make the facilities available within one hour of approving a request if feasible. 11. Practice/Exercise. In order to effectively activate this Agreement and use another party's facilities,the parties recognize that training or exercises will be beneficial to all parties. The parties agree to responding one training session or exercise lasting up to 3 hours in their facilities each year. The timing and duration of the training session or exercise will be mutually agreed upon by the parties. 12. Contact information. Each party will provide contact information for three individuals authorized to allow a responding party to use its facility on short notice. Contact information will include name, title, email address, work phone and mobile phone number for each individual and should be updated or confirmed when a listed individual leaves their position or on an annual basis. 13. Reciprocal nature. The intent of this Agreement is to be reciprocal in nature. Each party acknowledges that it may either act as the responding party or the requesting party at any time and that the benefits are roughly equal in nature.No party is required to allow another party to use its facilities. 14. Cancellation of agreement. A party can withdraw from this agreement by providing 30 day's written notice to the other parties. If one party withdraws from the agreement, it will not affect the other parties' agreement. 15. Insurance. The requesting party will be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverages, which include a severability of interest provision, as appropriate for the size of the facility and the responding party. Any party may self-insure or be a member of a risk pool. 16. Indemnification. Indemnification and Defense: Each party agrees to defend, indemnify and hold the other cities,their officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, or suits, including but not limited to reasonable attorney fees and litigation costs (hereinafter' claims'), allegedly caused solely by the negligence or willful misconduct of such party, its agents, affiliated corporations, officers, officials, employees, volunteers, or lower tier subcontractors, (hereinafter tortfeasors), arising out of or in connection with the performance of this Agreement. If the negligence or willful misconduct of more than one party or its tortfeasors is a cause of such claims then the liability will be shared between those cities in proportion to the relative degree of negligence or willful misconduct between such cities and such proportion will apply to the rights of indemnity and defense. If a court of competent jurisdiction determines that this Agreement is subject to Page 2 of 6 RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from concurrent negligence of the Cities and their tortfeasors, then each party's liability will be only to the extent of its negligence. Solely for the purposes of this indemnification, it is further specifically and expressly understood that the indemnification provided for in this Agreement constitutes the parties' waiver of immunity under Industrial Insurance, Title 51 RCW, for claims brought by any party or party's employee against another party. Furthermore, in the event of a property loss each party agrees to waive any rights of recovery against each other to the extent the property loss at issue is covered by insurance. These waivers have been mutually negotiated by the parties. The provisions of this section will survive the expiration or termination of this agreement. 17. Dispute Resolution a. Meet and Confer Process In the event that any party believes another party has breached a term of this Agreement, it may request in writing that the parties meet and confer in good faith for the purpose of attempting to reach a mutually satisfactory resolution of the problem within fifteen (15) days of the date of service of the written request. b. Notice of Disagreement A party unsatisfied with the meet and confer process may file a Notice of Disagreement within fifteen (15) days of the meet and confer process by providing written notice to the other party. A party not electing to utilize the meet and confer process may file a Notice of Disagreement at any time by providing written notice to the other party. The Notice of Disagreement will identify and describe any alleged breach of the Agreement with particularity and will identify the action required to remedy the breach. c. Response to Notice of Disagreement i. Within fifteen (15) days of service of a Notice of Disagreement, the recipient will provide a written response, either denying or admitting the allegations set forth in the Notice of Disagreement and, if the truth of the allegations is admitted, setting forth in detail the steps it has taken and/or will take to cure the breach. ii. Failure to serve a timely response will entitle the complaining party to proceed immediately to arbitration, or other alternative dispute resolution mechanism mutually agreeable to the parties. d. Enforcement Page 3 of 6 Any award in arbitration or mediation held pursuant to Section 18(c) may be enforced by bringing an action in the Superior Court for King County, Washington. 18. Severability. Each provision of this Agreement is intended to be severable, and if any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity will not affect the validity of the remainder of this Agreement. 19. Amendment, Assignment& Waiver. a. No amendment, modification, or waiver of any condition, provision, or term of this Agreement will be valid unless it is made in writing, signed by the parties to be bound, and specifies, with particularity, the nature and extent of such amendment, modification, or waiver. b. No party to this Agreement will assign any right or obligation in this Agreement, in whole or in part, without the prior written consent of the other parties, and any such assignment will not be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 20. Integration & Binding Effect. a. This Agreement, together with any subsequent amendments or addendums, constitutes the entire agreement of the parties and no other understandings, oral or otherwise, regarding this Agreement will exist or bind any of the parties. b. This Agreement will be binding upon, and the benefits and obligations provided for herein will inure to and bind,the parties and their respective successors and assigns, provided that this Section will not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. c. This Agreement is for the exclusive benefit of the parties and it does not create a contractual relationship with, or exist for the benefit of, any third party, including contractors, subcontractors, or their sureties. 21. Choice of Law. a. This Agreement and the rights of the parties hereunder will be governed by the interpreted in accordance with the laws of the State of Washington and venue for any action hereunder will be in of the county in King County, Washington. b. Subject to the limitations set forth in RCW 4.84.330, each party agrees to bear its own costs and attorneys' fees generated by any dispute arising out of this Agreement. 22. Notices, Reports & Correspondence. All notices or communications permitted or required to be given under this Agreement will be in writing and will be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for Page 4 of 6 mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above. 23. Signature Authority. This Agreement may be executed in counterparts, each of which will be one and the same Agreement and will become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. 24. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN X: ett k 1414 Nancy Backus, Ter Attu: l ret r � 0 4,p e ` J A / (1N Shawn Campbell, City 04 Ile Approved as to form: Al--6- .- Steve Gross, City Attorney Page 5 of 6 AUBURN SCHOOL DI STRICT Dr.Alan Spiccia , uperintendent Attest: Approved as to form: Curtis M.Leonard,District Counsel 6