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15-R-54 - ILA for Dispatch Service with City of CiboloRESOLUTION NO. 15 -R -54 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AMENDMENT OF AN INTERLOCAL AGREEMENT FOR DISPATCH SERVICES WITH THE CITY OF CIBOLO, TEXAS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, by Resolution Number 10 -R -49, the City Council (the "City Council ") of the City of Schertz (the "City ") approved an Interlocal Agreement for Dispatch Services with the City of Cibolo, Texas ( "Cibolo "), permitting Cibolo to utilize public safety and law enforcement dispatch services of the City; and WHEREAS, the City of Cibolo, in furtherance of the intent of the agreement, will provide for certain equipment on City radio towers; and WHEREAS, it is of benefit to both parties to allow the additional equipment on City radio towers as it will improve connectivity allowing for enhanced public safety response; 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 amendment to the Agreement 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 7th day of July, 2015. CITY `SC RTZ, TEXAS Mic ael R. Carpenter, Mayor ATTEST: Bre da Dennis, City Secretary (CITY SEAL) 50234811.1 EXHIBIT A AGREEMENT 50234811.1 A -1 FIRST AMENDMENT TO INTER -LOCAL AGREEMENT FOR DISPATCH SERVICES THIS FIRST AMENDMENT TO INTER -LOCAL AGREEMENT FOR DISPATCH SERVICES (the "First Amendment ") is entered into this - day of 2015 l L r N ( "Effective Date "), by and between the CITY OF SCHERTZ and the CITY OF CIBOLO. RECITALS WHEREAS, the City of Schertz and the City of Cibolo previously entered into an inter- local agreement to provide dispatch services (the "Agreement "); and WHEREAS, the City. of Cibolo, in furtherance of the intent of the agreement which is to provision of dispatch services by the City of Schertz, to provide for certain equipment on City of Schertz radio towers; and WHEREAS, the Agreement does not address the provision of equipment on City of Schertz radio towers; and WHEREAS, it is of benefit to both parties to allow the additional equipment on City of Schertz. radio towers as it will improve connectivity allowing for improved public safety response, as emergency calls can be routed directly to Cibolo; and WHEREAS, the City of Schertz and the City of Cibolo desire to amend the Agreement on the terms and conditions contained herein. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the City of Schei-tz and the City of Cibolo agree as follows: 1. Recitals' Defined Terms. The parties acknowledge the accuracy of the foregoing recitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement. 2. Amendment. The following paragraph shall be hereby be included as part of the Agreement: 1 The City of Cibolo may, upon obtaining written authorization from the City of Schertz, place equipment necessary to the provision of dispatch services contemplated under this agreement upon City of Schertz radio towers (the "placed equipment "); provided that any contract for installing placed equipment or maintenance *include the City of Schertz as an additional insured at a level approved in writing by the City of Schertz, the City of Cibolo. shall responsible for the maintenance and repair of the placed equipment, and that the City of Cibolo shall otherwise be responsible for any damage to Schertz owned property or disruption to service caused by any placement, maintenance or repair of the placed equipment. 3. Remainder of Agreement Unaffected. The parties hereto acknowledge that except as expressly modified hereby, the Agreement remains unmodified and in full force and effect. In the event of any conflict or inconsistency between the terms of this First Amendment and the Agreement, the terms of this First Amendment shall control. This First Amendment may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. [Signature pages follow] 2 This First Amendment is executed by as of the date first written above. CITY OF SCPERTZ: By: Print Name: Title: CI'T'Y OF CIBOLO: B Print Name: Name: Title: j, t