14-R-104 - Comal Cty Emergency Svcs Interlocal AgreementRESOLUTION NO. 14 -R -104
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT
WITH COMAL COUNTY EMERGENCY SERVICES DISTRICT NO. 6,
AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter into an Interlocal Agreement with Comal County Emergency Services District No. 6
(the "District ") relating to the provision of emergency medical services within the District by the
City; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with the District pursuant to the Inerlocal Agreement 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 the District in substantially the form set forth on Exhibit A. Future
amendments to the Agreement or replacement interlocal agreements with the District that do not
change or increase the City's obligation to provide services but that solely have the effect of
increasing the District's payments to the City may be executed by the City Manager without
further action by the City Council.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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
50470904.1
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 16th day of December, 2014
CITY OF SCHERTZ, TEXAS
Mayor
ATTEST:
Q- -, �
Secretary
(CITY SEAL)
50470904.1
EXHIBIT A
INTERLOCAL AGREEMENT
50470904.1 A -1
EMERGENCY MEDICAL SERVICES INTERLOCAL AGREEMENT
This EMERGENCY MEDICAL SERVICES INTERLOCAL AGREEMENT, effective as of January 1,
2015 (this "Agreement "), is between the CITY OF SCHERTZ, TEXAS, a political subdivision of the State
of Texas (the "City"), and the COMAL COUNTY EMERGENCY SERVICES DISTRICT NO. 6, a political
subdivision of the State of Texas (the "Contracting Jurisdiction ").
WHEREAS, the City has an emergency medical services departtnent known as Schertz EMS
(the "Department ") that provides certain emergency medical services within the District and, by
interlocal agreement, within other jurisdictions;
WHEREAS, the Contracting Jurisdiction desires to contract with the City for the provision of
certain emergency medical services within the Contracting Jurisdiction in order to preserve and protect
the health and safety of persons within the Contracting Jurisdiction;
WHEREAS, the City and the Contracting Jurisdiction have determined to enter into this
Agreement relating to the provision of certain emergency medical services within the Contracting
Jurisdiction and to set out the terms, rights, duties, and responsibilities of the City and the Contracting
Jurisdiction with respect thereto;
WHEREAS, the City and the Contracting Jurisdiction have determined that the provision of
certain emergency medical services is a public purpose and within their statutory powers of government;
and
WHEREAS, the City and the Contracting Jurisdiction are political subdivisions of the State of
Texas and are authorized to execute this Agreement pursuant to Chapter 791, Texas Government Code,
as amended.
NOW, THEREFORE, THE CITY AND THE CONTRACTING JURISDICTION, ACTING BY
AND THROUGH THEIR DULY AUTHORIZED OFFICERS, HEREBY COVENANT AND AGREE
AS FOLLOWS:
Section I. P ose. (a) The City agrees that during the term of this Agreement the City shall
respond to all calls for emergency medical assistance and emergency medical transport and advanced life
support service with mobile intensive care unit capability (the "Emergency Medical Services ") within
the jurisdiction of the Contracting Jurisdiction (the "Service Area "). The Contracting Jurisdiction
understands and agrees that timeliness of response is dependent on the level of demand throughout the
Department's response area and that calls are answered on a next - available - ambulance basis.
(b) The Contracting Jurisdiction shall arrange for dispatch of requests for assistance directly
to, the Department by the Department's radio frequency or via telephone to the Department's primary
dispatch agency (City of Schertz Police Department). Such dispatch services shall be initiated on the
radio frequency specified and in a manner approved by the Department.
(c) The Department shall observe and comply with all applicable federal, state, county, and
City laws, rules, ordinances, and regulations which in any manner affect the provision of the services
described in this Agreement and shall perform such services in a professional manner in accordance with
standard emergency medical services practice.
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Section 7. Governing Law. This Agreement shall be governed by the laws of the State of Texas.
Section 8. Change in Area. In the event that the Contracting Jurisdiction needs to contract with
another agency to provide Emergency Medical Services in outlying areas to improve response time, the
Consideration the Contracting Jurisdiction pays to the City will be adjusted by subtracting the number of
citizens in the outlying area from the total population the Contracting Jurisdiction provides to the City
pursuant to Section 3. The modified population figure will then be multiplied by the current payment
per citizen to determine the Consideration the Contracting Jurisdiction shall pay to the City. If such a
change occurs in the Service Area during the Initial Term or any Renewal Term, the Consideration shall
be pro -rated accordingly.
IN WITNESS WHEREOF, the undersigned have entered into this Emergency Medical Services
Interlocal Agreement, effective as of the date first above written.
CITY OF SCHERTZ, TEXAS
gy
Title City,-Manager
COMAL COUNTY EMERGENCY SERVICES
DISTRICT NO. 6
By
Title Y ,
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