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Edmonds School District 15 Interlocal Agreement for Use of School Facilities for Provision of Emergency Servicesof EVArp41 ANC. l 9'�C1 Z Originator: O f= Department/Division: IL Name of Consultant/Contractor: u) CONTRACT TITLE: W No. CONTRACT ROUTING FORM (City Clerk Use Only) Renee Mcrae Routed by: Renee McRae Parks, Recreation & Cultural Services Date: 03/08/2017 Edmonds School District No. 15 ILA Between COE and ESD #15 for Use of School Facilities for Provision ( Type of Contract: (GR) Grants � (1) Intergovernmental Agreement (L) Lease Agreement Z ❑ (S) Purchase of Services ❑ (W) Public Works ❑ (0) Other z W Z Bid/RFP Number: U Effective Date 03/08/2017 Completion Date: 12/31/2020 QHas the original City contract boilerplate language been modified? OYes O No If yes, specify which sections have been modified: pDescription v of Services: Facility agreement to use Edmonds Woodway High School gyms, kitchen and great hall in the event of an emergency J Total Amount of Contract: 1 Budget # J Budget # W c J Budget # a U Z Are there sufficient funds in the current budget to cover this contract. Z Remarks: F Authorization Level: Mayor W 1. Project Manager 4 2. Risk Management/Budget z 3. City Attorney 4. Consultant/Contractor 5. Other l_ Amount: Amount: Amount: QYes © No ✓❑ 6. City Council Approval Date (if applicable) ❑✓ 7. Mayor ❑✓ 8. City Clerk March 7, 2017 1NTERLOCAL AGREEMENT BETWEEN CITY OF EDMONDS AND EDMONDS SCHOOL DISTRICT NO. 15 FOR USE OF SCHOOL FACILITIES FOR PROVISION OF EMERGENCY SERVICES THIS AGREEMENT is made this `PAL day of 7 2017 by and between the Edmonds School District No. 15 and the City of Edmonds, both municipal corporations under the laws of the State of Washington, hereinafter referred to as the `District" and the `City"' respectively (jointly, the "Parties'). WHEREAS, Chapter 39.34, RCW (Interlocal Cooperation Act) permits local government units to make the most efficient use of their powers by enabling them to cooperate with other government entities on the basis of mutual advantage and thereby to provide services and facilities in a manner pursuant to forms of governmental organizations that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, pursuant to the terms of the City of Edmonds Comprehensive Emergency Management Plan (CEMP), the City may provide emergency services on behalf of individuals and families who are victims of disasters or other emergency events; and WHEREAS, the Board of the Edmonds School District wishes to cooperate in the provision of such services by permitting the City to use Edmonds Woodway High School's gyms, kitchen and great hall, including their buildings, grounds and equipment (hereafter 'Designated Areas') as may be required in the conduct of the City's emergency services activities; and WHEREAS, Edmonds Woodway High School has an agreement with the American National Red Cross ("Red Cross") for the use of its facilities for emergency/disaster service activities, the Parties agree that this Agreement is intended to set forth the Parties' rights and obligations in situations in which the City of Edmonds has need to access and use the Edmonds Woodway High School Facilities until the Red Cross arrives, at which point the Edmonds Woodway High School's agreement with the Red Cross will take effect and supersede this Agreement. WHEREAS, the Parties hereto mutually desire to reach an understanding that will result in making the aforesaid Facilities available to the City for the aforesaid use; NOW, THEREFORE, upon approval by each party in accordance with RCW 39.34.030, the Parties agree as follows: 1. Purpose. The purpose of this Agreement is to provide a framework for the use of the Designated Areas by the City to provide emergency services. 2. ❑bGpations of the District. The District agrees that, after meeting its responsibilities to its students, it will permit, to the extent of its ability and upon request by the City, the City Page 1 -30 may use the Designated Facilities on a temporary basis by the City for the provision of emergency services. 3. Obb �gations of the City. 3.1 The City agrees that it shall use reasonable care in the conduct of its activities in using the Designated Areas. 3.2 The City will reimburse the District for damage to the Designated Areas or other District property, except reasonable wear and tear, resulting from the City's use of the Designated Areas. Reimbursement for damage will be based on replacement at actual cash value. The City is not responsible for storm damage or other damage caused by the disaster/emergency situation. 4. joint Obligations. The City and the District agree to provide to each other, and update yearly, their 24-hour point of contact information by providing written notice, either hand -delivered or mailed to the other party at ' its respective address set forth below, or at such other address as has been previously provided in accordance with this provision: Edmonds School District 20420 68" Ave W Lynnwood, WA 98036 City of Edmonds 250 5" Ave N Edmonds, WA 98020 5. Indemnity and Legal Relations. The Parties agree to the following distribution and allocation of legal responsibility and indemnification: 5.1 The Parties shall separately maintain their own appropriate liability and casualty insurance policies as they, in their sole discretion, deem appropriate. The Parties further agree that no indemnification shall be provided for, except as specifically set forth below, and that the respective liability of the Parties to each other and to third persons shall be deemed in accordance with the laws ofthe State of Washington. 5.2 Each party shall indemnify and hold harmless the other Party, its officers, officials, agents, or employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for any loss of damaged property, which arises out of each parry's use of the Designated Areas, or from any activity, work or thing done, or permitted, except only such injury, death, loss or damage as shall be occasioned by the sole negligence of the other party. 5.3 In the event of concurrent liability, the Parties shall have the right of contribution in proportion to the respective liability of each party. Nothing contained in this section shall be deemed to waive immunities established pursuant to state statutes or to create third party rights or immunities. Page 2 6. Tenn and Termination 6.1 The term of this Agreement shall commence as of the date indicated above and shall end on December 31, 2020. The City and the District have the option to renew this Agreement every four (4) years for an additional four (4) year term, and the option to renew shall be deemed exercised unless one party gives written notice to the other not less than sixty (60) days prior to the termination of the Agreement then in effect of its intention not to renew the Agreement. 6.2 In the event that the District shall, in its sole discretion, elect to sell the property or to otherwise remove the premises covered by this Agreement from service or use by the general public and it therefore becomes necessary for the District to terminate this Agreement in order to comply with its statutory obligations regarding the use and disposition of school property under Chapter 28A.335RCW, or, should the District be required to recover the premises for school purposes, the District may terminate this Agreement with thirty (30) days written notice to the City. 7. Interlocal Agreement. This is an Interlocal Agreement entered into pursuant to the authorization of Chapter 39.34 RCW. Accordingly, the following provisions are set forth in accordance with the provisions of RCW 39.34.030. 7.1 No separate legal or administrative entity is created by this Agreement. 7.2 No joint £nancrg shall be imicit-&-en for the aclivit s conten-phted herein. Each party shall separately maintain abudget for its own functions. 7.3 No administrator or joint board shall be responsible for administering the undertakings of this Agreement. 7.4 No joint property shall be acquired, held or disposed of. Any real or personal property used in the joint or cooperative undertaking shall be considered to be and remain the property ofthe party who purchased such real or personal property. 7.5 This Agreement shall be effective when posted on the website of the City or the District in accordance with RCW 39.34. Page 3 EDMONDS SCHOOL DISTRICT NO. 15 Stewart Mhyre, Executive Dilector Business Operations CI OF EDMONDS i David O. Earling, Mayor ATTEST/AUTHENTICATED: colt Passey, City Cl APPROVED AS TO FORM: Office of the City Attorney Page 4 G r Statement of Agreement For Use of Facility t go, l This Agreement ("Agreement") is made and entered into between the governing Board of North Sound Church, located at 404 Bell Street, Edmonds, Snohomish County, State of Washington, and the City of Edmonds, collectively "the Parties." Recitals Whereas, pursuant to the terms of the City of Edmonds Comprehensive Emergency Management Plan (CEMP), the City of Edmonds may provide emergency services on behalf of individuals and families who are victims of disasters or other emergency events; and Whereas, the Board of the North Sound Church wishes to cooperate in the provision of such services by permitting the City of Edmonds to use its buildings, grounds and equipment ("Facilities") as may be required in the conduct of the City's disaster services activities; and Whereas, the North Sound Church has an agreement with the American National Red Cross ("Red Cross") for the use of its facilities for disaster service activities, the Parties agree that this Agreement is intended to set forth the Parties' rights and obligations in situations in which the City of Edmonds has need to access and use the North Sound Church Facilities until the Red Cross arrives, at which point the North Sound Church's agreement with the Red Cross will take effect and supersede this Agreement. Whereas, the Parties hereto mutually desire to reach an understanding that will result in making the aforesaid Facilities of North Sound Church available to the City for the aforesaid use; Now, therefore, it is mutually agreed between the Parties as follows: 1. North Sound Church agrees that, after meeting its responsibilities to its parishioners, it will permit, to the extent of its ability and upon request by the City of Edmonds, the use of its Facilities on a temporary basis by the City for the provision of disaster services. 2. The City of Edmonds agrees that it shall use reasonable care in the conduct of its activities in such Facilities. 3. The City of Edmonds shall defend, hold harmless, and indemnify North Sound Church against any legal liability, including reasonable attorney fees, in respect to bodily injury, death and property damage arising from the negligence of the City of Edmonds during the use of the Facilities, except only such injury or damage as shall have been occasioned by the sole negligence of North Sound Church. 4. The City of Edmonds will reimburse North Sound Church for damage to the Facilities or other property of North Sound Church, except reasonable wear and tear, resulting from the City of Edmonds' use of the Facilities. Reimbursement for facility damage will be based on replacement at actual cash value. The City of Edmonds will select from bids from at least three reputable contractors. The City of Edmonds is not responsible for storm damage or other damage caused by the disaster. 5. The City of Edmonds and North Sound Church agree to provide to each other, and update yearly, their 24-hour point of contact information by providing written notice, either hand delivered or mailed to the Parties at their respective addresses set forth below, or at such other address as has been previously provided in accordance with this provision. The Parties, acting through their duly authorized officers, have executed this Agreement as of the last date entered below. NORTH SOUND CHURCH 404 Bell Street, Edmond A 98020 Thomas E. Reimer, President 73©15 Dat CITY OF EDMONDS 250 U' Ave N, Edmonds WA 98020 Al Compaan, Chief of P ce/Disaster Coordinator ? .'�- -zotr Date The Statement of Agreement shall be renewed every four years. 7.2 City Council Agenda Item Meeting Date: 02/28/2017 Review of Interlocal Agreement between City of Edmonds and Edmonds School District No. 15 for Use of School Facilities for Provision of Emergency Services (5 min.) Staff Lead: Al Compaan Department: Parks, Recreation & Cultural Services Preparer: Renee McRae Background/History The Emergency Services Coordinating Agency (ESCA) dissolved in December 2015. ESCA had facility use agreements in place with local churches and the ESD for use of their facilities for emergency services. The City has been working since mid-2015 to establish facility use agreements, as we have the primary responsibility to respond in the event of an emergency. Staff Recommendation Forward the agreement to the consent agenda for approval at the March 7, 2017 Council meeting. Narrative In accordance with the City of Edmonds Comprehensive Emergency Management Plan (CEMP), the City may provide emergency services on behalf of individuals and families who are victims of disasters or other emergency events. In the event of an emergency, this Interlocal Agreement with the Edmonds School District permits the City the use of the gyms, kitchen and great hall at Edmonds Woodway High School. Attachments: ILA w ESD for Facility Use Packet Pg. 301 7.2.a INTERLOCAL AGREEMENT BETWEEN CITY OF EDMONDS AND EDMONDS SCHOOL DISTRICT NO. 15 FOR USE OF SCHOOL FACILITIES FOR PROVISION OF EMERGENCY SERVICES THIS AGREEMENT is made this day of 2017 by and between the Edmonds School District No. 15 and the City of Edmonds, both municipal corporations under the laws of the State of Washington, hereinafter referred to as the `District" and the "City" respectively (jointly, the "Parties'). WHEREAS, Chapter 39.34, RCW (Interlocal Cooperation Act) permits local government units to make the most efficient use of their powers by enabling them to cooperate with other government entities on the basis of mutual advantage and thereby to provide services and facilities in a manner pursuant to forms of governmental organizations that will accord best with geographic, economic, population, and other factors influencing the needs and development of local comnnunities; and WHEREAS, pursuant to the terms of the City of Edmonds Comprehensive Emergency Management Plan (CEMP), the City may provide emergency services on behalf of individuals and families who are victims of disasters or other emergency events; and WHEREAS, the Board of the Edmonds School District wishes to cooperate in the provision of such services by permitting the City to use Edmonds Woodway High School's gyms, kitchen and great hall, including their buildings, grounds and equipment (hereafter "Designated Areas') as may be required in the conduct of the City's emergency services activities; and WHEREAS, Edmonds Woodway High School has an agreement with the American National Red Cross ("Red Cross") for the use of its facilities for emergency/disaster service activities, the Parties agree that this Agreement is intended to set forth the Parties' rights and obligations in situations in which the City of Edmonds has need to access and use the Edmonds Woodway High School Facilities until the Red Cross arrives, at which point the Edmonds Woodway High School's agreement with the Red Cross will take effect and supersede this Agreement. WHEREAS, the Parties hereto mutually desire to reach an understanding that will result in making the aforesaid Facilities available to the City for the aforesaid use; NOW, THEREFORE, upon approval by each party in accordance with RCW 39.34.030, the Parties agree as follows: Purpose. The purpose of this Agreement is to provide a framework for the use of the Designated Areas by the City to provide emergency services. 2. Obligations of the District. The District agrees that, after meeting its responsibilities to its students, it will permit, to the extent of its ability and upon request by the City, the City Page 1 Packet Pg. 302 7.2.a may use the Designated Facilities on a temporary basis by the City for the provision of emergency services. 3. Obligations ofthe City. 3.1 The City agrees that it shall use reasonable care in the conduct of its activities in using the Designated Areas. 3.2 The City will reimburse the District for damage to the Designated Areas or other District property, except reasonable wear and tear, resulting from the City's use of the Designated Areas. Reimbursement for damage will be based on replacement at actual cash value. The City is not responsible for stone damage or other damage caused by the disaster/emergency situation. 4. Joint_ Obligatioiis. The City and the District agree to provide to each other, and update yearly, their 24-hour point of contact information by providing written notice, either hand -delivered or mailed to the other party at its respective address set forth below, or at such other address as has been previously provided in accordance with this provision: Edmonds School District 20420 68" Ave W Lynnwood, WA 98036 City of Edmonds 250 5" Ave N Edmonds, WA 98020 5. li-deninity and Legal Relations. The Parties agree to the following distribution and allocation of legal responsibility and indemnification_ 5.1 The Parties shall separately maintain their own appropriate liability and casualty insurance policies as they, in their sole discretion, deem appropriate. The Parties further agree that no indemnification shall be provided for, except as specifically set forth below, and that the respective liability of the Parties to each other and to third persons shall be deemed in accordance with the laws ofthe State of Washington. 5.2 Each party shall indemnify and hold harmless the other Party, its officers, officials, agents, or employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for any loss of damaged property, which arises out of each party's use of the Designated Areas, or from any activity, work or thing done, or permitted, except only such injury, death, loss or damage as shall be occasioned by the sole negligence of the other party. 5.3 In the event of concurrent liability, the Parties shall have the right of contribution in proportion to the respective liability of each party. Nothing contained u1 this section shall be deemed to waive immunities established pursuant to state statutes or to create third party rights or immunities. Page 2 Packet Pg. 303 7.2.a 6. Terrn and Tennination 6.1 The term of this Agreement shall connnence as of the date indicated above and shall end on December 31, 2020. The City and the District have the option to renew this Agreement every four (4) years for an additional four (4) year term, and the option to renew shall be deemed exercised unless one party gives written notice to the other not less than sixty (60) days prior to the termination of the Agreement then in effect of its intention not to renew the Agreement. 6.2 In the event that the District shall, in its sole discretion, elect to sell the property or to otherwise remove the premises covered by this Agreement from service or use by the general public and it therefore becomes necessary for the District to terminate this Agreement in order to comply with its statutory obligations regarding the use and disposition of school property under Chapter 28A.335RCW, or, should the District be required to recover the premises for school purposes, the District may terminate this Agreement with thirty (30) days written notice to the City. 7. Interk)cal Agreerrrent. This is an Interlocal Agreement entered into pursuant to the authorization of Chapter 39.34 RCW. Accordingly, the following provisions are set forth in accordance with the provisions of RCW 39.34.030. 7.1 No separate legal or administrative entity is created by this Agreement. 7.2 No joint fnarrcing shal be undertaken for the acts cork"Wed herein. Each party shall separately maintain abudget for its own functions. 7.3 No administrator or joint board shall be responsible for administering the undertakings of this Agreement. 7.4 No joint property shall be acquired, held or disposed of. Any real or personal property used in the joint or cooperative undertaking shall be considered to be and remain the property of the party who purchased such real or personal property. 7.5 This Agreement shall be effective when posted on the website of the City or the District in accordance with RCW 39.34. Page 3 Packet Pg. 304 7.2_a EDMONDS SCHOOL DISTRICT NO. 15 CITY OF EDMONDS Stewart Mhyre, Executive Director David O. Earling, Mayor Business Operations ATTEST/AUTHENTICATED : Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Page 4 Packet Pg. 305 ''f c. 1 8g.+ Date: March 8, 2017 To: Mayor Dave Earling From: Linda Hynd, City Clerk's Office Subject: Interlocal Agreement with Edmonds School District #15 Attached are three original Interlocal Agreements with Edmonds School District No. 15 for the use of School Facilities for the provision of emergency services, for your signature: Approved by the City Council on 3/7/2017; Approved by the City Attorney. Please sign the agreements where indicated and return the signed originals to the City Clerk's Office for processing. Thank you! City of Edmonds City Clerk's Office