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2010R49 - Interlocal Agreement Cibolo Dispatch Services RESOLUTION NO. 10-R-49 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL CONTRACT FOR DISPATCH SERVICES WITH THE CITY OF CIBOLO, TEXAS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the "City Council") of the City of Schertz (the "City") has determined that it is in the best interest of the City to enter into an Interlocal Contract for Dispatch Services with the City of Cibolo, Texas ("Cibolo"), permitting Cibolo to utilize the public safety and law enforcement dispatch services of the City; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Interlocal Contract for Dispatch Services with Cibolo in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 17`'' day of August, 2010. CITY S HERT TEXAS a Mayor T: - ~ ` City Secretary (CITY SEAL) Resolution 10-R-49.doc EXHIBIT A INTERLOCAL CONTRACT FOR DISPATCH SERVICES See attached Resolution 10-R-49.doc A-1 INTERLOCAL CONTRACT FOR DISPATCH SERVICES This Interlocal Contract for Dispatch Services (the "Contract") made and entered into this l5c day of October, 2010 is between the City of Schertz, Texas, a Texas municipal corporation, having its principal office at 1400 Schertz Parkway, Schertz, Texas 78154, hereinafter referred to as "City of Schertz", and the City of Cibolo, having its principal office at 200 S. Main, Cibolo, Texas 78108, hereinafter referred to as "City of Cibolo". WITNESSETH WHEREAS, City of Cibolo has the need of Public Safety/Law Enforcement dispatch services, hereinafter referred to as "Dispatch Services" and desires to obtain such dispatch services from the City of Schertz; and, WHEREAS, the City of Schertz can provide dispatch services to the City of Cibolo; NOW THEREFORE; the City of Schertz and City of Cibolo covenant and agree that, for the consideration hereinafter expressed, the City of Schertz shall supply the City of Cibolo, and the City of Cibolo shall continue to purchase from the City of Schertz, for the period ending September 30, 2011, the following dispatch services: The City of Schertz agrees to furnish all dispatch services for all calls received at any time requesting City of Cibolo law enforcement services. The City of Schertz shall furnish all capital equipment and facilities necessary to render dispatch services, including all prerequisite governmental licenses, permits, and personnel, except that the City of Cibolo shall be responsible for obtaining and providing mobile and portable radios capable of operating on the City of Schertz's radio frequency. The dispatch personnel shall be employees of the City of Schertz and answerable only to the City of Schertz, its duly authorized agents, servants, or employees. Should the City of Cibolo request additional dispatch services during any period of this Contract other than those enumerated above, the City of Schertz and the City of Cibolo shall determine the added cost, if any; and should these additional services require additional personnel and/or capital equipment for the City of Schertz and/or the City of Cibolo, the City of Cibolo shall pay and be solely responsible for the added cost of such personnel and/or equipment; except that such equipment shall be removed and returned to the City of Cibolo at its expense upon termination of this Contract if it can be separated from the City of Schertz's equipment without damage to the City of Schertz's equipment. In consideration of the City of Schertz providing the dispatch services enumerated above, the City of Cibolo shall pay to the City of Schertz a sum of $133,305 payable in four (4) equal quarterly installments of $33,326.25, without the benefit of being invoiced by the provider, payable on the first day of each fiscal quarter beginning October 1, 2010. The City of Cibolo and the City of Schertz further covenant and agree that this Contract may be terminated by either party providing four (4) months written notice at the addresses specified above, to the attention of the City Manager, prior to October 1 of each year. There will be bimonthly meetings by the parties' Police Chiefs to ensure quality service. The City of Cibolo and the City of Schertz further agree that the City of Schertz, as manager of the dispatch system, shall be solely responsible for supervision of personnel and that if the City of Cibolo Resolution 10-R-49.doc A-2 has a complaint about the services provided, such complaint will be resolved according to the following procedures: 1. The Police Chief of the City of Cibolo or his designee shall file a written complaint with the Police Chief of the City of Schertz. 2. The Police Chief of the City of Schertz or his designee shall investigate the complaint and take corrective action if necessary. The results of that investigation shall be brought to the attention of the individual who initiated the complaint. 3. If the Police Chief of the City of Cibolo or the individual who initiated the complaint is not satisfied with the action taken, he may bring the complaint to the attention of the City Manager of the City of Cibolo or his designee. 4. The Police Chief of the City of Cibolo or his designee shall then raise the complaint with the City Manager of the City of Schertz. 5. The same procedure will be followed if the City of Schertz has a complaint about any City of Cibolo employee who is a user of the service. This writing is the extent of the agreement between City of Cibolo and the City of Schertz as to the subject matter hereof. WHEREFORE, the City Manager of the City of Schertz and the City Manager of the City of Cibolo have hereunto set our hands to be effective on the date set forth above, indicating that the City Council of the City of Schertz and the City Council of the City of Cibolo have approved this Contract. CITY OF CIBOLO, TEXAS CITY OF SCHERTZ, TEXAS By: ~ City anager City Mana Resolution 10-R-49.doc !~-3