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13-R-73 - Management Services Agreement with SSLGCRESOLUTION NO. 13-R-73 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT FOR MANAGEMENT SERVICES BETWEEN THE CITY OF SCHERTZ AND THE SCHERTZ-SEGUIN LOCAL GOVERNMENT CORPORATION WITH SCHERTZ-SEGUIN LOCAL GOVERNMENT CORPORATION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") and the Schertz-Seguin Local Government ("SSLGC") have determined that the SSLGC requires management services relating to managing the daily operations of the SSLGC; and WHEREAS, City staff has determined that the City is qualified to provide such services for the SSLGC; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with SSLGC pursuant to the Agreement for Management Services Between the City of Schertz and the Schertz-Seguin Local Government Cozporatian attached hereto as Exhibit A (the "Agreement"}. 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 Agreement with SSLGC in substantially the fozm 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resolutions, ar parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein, Section 4.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 r EXHIBIT A AGREEMENT FOR MANAGEMENT SERVICES BETWEEN THE CITY OF SCHERTZ AND THE SCHERTZ-SEGUIN LOCAL GOVERNMENT CORPORATION sa~~ roda.l A-1 AGREEMENT FOR MANAGEMENT SERVICES BETWEEN THE CITY OF SCHERTZ AND THE SCHERTZ-SEGUIN LOCAL GOVERNMENT CORPORATION THE STATE OF TEXAS COUNTY OF GUADALUPE KNOWN ALL MEN BY THESE PRESENTS: THIS AGREEMENT, executed the 17`h day of Seutem~e,r,,,,,209.3, b}r and between the Cit}r of Schertz, a municipal corporation, acting b}~ and through its Cit}r Manager, situated iri Guadalupe Count}T, Texas (hereinafter referred to as "Schertz"), and the Schertz-Seguin Local Government Corporation {hereinafter referred to as "SSLGC") acting by and through its General l~~Ianager is as follows: WITNESSETH: I. Schertz agrees to provide certain management, adm.iaustratire, operational, customer relations, and financial ser~~ices to SSLGC according to the terms of this Agreement. The General Manager of SSLGC shall be an employee of Schertz but shall be assigned to SSLGC and shall be charged with die responsibility of carr~ring out SSLGC's operations and programs as adopted b}' die SSLGC Board. SSLGC agrees that die General Manager ma}' be terminated as an employee only b}~ Schertz, but as long as this Agreement remains in effect, Schertz shall consult with SSLGC prior to terminating the General Manager. Direct services Schertz shall perform For SSLGC pursuant to this Agreement shall include, but not li united to the following: 1. Preparing all reports and keeping records required by the SSLGC Board; 2. Administering and inanitaring all contracts authorized b}' the SSLGC Board; 3. Preparing the budget for the upcoming year far review and approval by die SSLGC Board and City Councils of Schertz and die Cit}r of Seguin; 4. Monitoring the progress of and report to the SSLGC Board and SSLGC General Manager concerning operations of SSLGC water systems; 5. Preparing all reports, records, etc. required by TCEQ, EPA and other applicable agencies; and G. (Subject to Article IA of this Agreement) providing risk management service in accordance with the requirement of the SSLGC's bond resolutions, the water supply agreement RTidi Schertz and the Cit}r of Seguin, the terms of tl~its Agreement, and directives of the SSLGC Board. Schertz's sercrices under this agreement are subject to oversight and direction by the SSLGC Board and the SSLGC General Manager. Schertz will procure SSLGC Board approval for all contracts and management decisions affecting SSLGC and governed b}' the terms of this Agreement. 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