17-R-48 - Schertz Cibolo Universal City ISD for EMS ServicesRESOLUTION NO. 17 -R -48
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT
WITH THE SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT
SCHOOL DISTRICT FOR EMS SERVICES AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, it is the desire of the aforesaid parties to comply with and further the
policies and purposes of the Interlocal Cooperation Act; and
WHEREAS, authority for such partnerships is granted under Texas Government Code §§
791.001 et seq as amended; and
WHEREAS, The purpose of interlocal agreements between authorized agencies is to
increase the efficiency and effectiveness of local governments by authorizing them to contract, to
the greatest possible extent, with one another and with agencies of the state including functions
normally associated with the routine operation of government, including functions such as public
health and welfare including EMS services, personal services, purchasing of supplies and
equipment repair; and
WHEREAS, the City staff of the City of Schertz has recommended that the City enter
into an interlocal agreement with the Schertz- Cibolo- Universal City Independent School District
(SCUCISD) for EMS services; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into an interlocal agreement with SCUCISD for EMS services;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS THAT:
Section L The City Council hereby authorizes the City Manager to enter into the
Agreement with SCUCISD in substantially the forms 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 1 lth day of July, 2017.
CITY OF SCHE - TEXAS
- Mc ael R. Carpenter, Mayor
ATTEST:
Donna Schmoekel, Deputy City Secretary
(CITY SEAL)
EXHIBIT A
ILA with SCUCISD
INTERLOCAL COOPERATION AGREEMENT BETWEEN
THE CITY OF SCHERTZ, TEXAS, AND
SCHERTZ - CIBOLO - UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT
This Agreement is made and entered into by the City of Schertz, Texas (hereinafter referred to
as "Schertz" and/or "City "), a political subdivision of the State of Texas acting through its City
Council, and the Schertz - Cibolo- Universal City Independent School District (hereinafter
referred to as "SCUCISD "), a political subdivision of the State of Texas acting through its Board
of Trustees (Schertz and SCUCISD collectively referred to as the "Parties ") and in this regard
hereto mutually agree and state as follows:
1i:1 -1vi 10"661
WHEREAS, Chapter 791 of the Texas Government Code, as amended, entitled Interlocal
Cooperation Contracts, authorizes contracts between political subdivisions for the performance
of governmental functions and services;
WHEREAS, The purpose of interlocal agreements between authorized agencies is to
increase the efficiency and effectiveness of local governments by authorizing them to contract, to
the greatest possible extent, with one another and with agencies of the state including functions
normally associated with the routine operation of government, including functions such as public
health and welfare including EMS Services, personal services, purchasing of supplies, and
equipment repair;
WHEREAS, SCUCISD has determined it is in its best interest to enter into an agreement
with Schertz to make such services on a non - exclusive basis available to SCUCISD in the City's
corporate limits within SCUCISD's jurisdiction and SCUCISD's campuses in Universal City
(the "Service Area "),
WHEREAS, Schertz has determined it is in the best interest of its community to provide
such services to SCUCISD within the Service Area; and
WHEREAS, SCUCISD is willing to pay the associated costs for provision of services
and supplies as set out herein.
NOW THEREFORE, in consideration of the mutual covenants and agreements of the
Parties, it is agreed as follows:
The Superintendent of SCUCISD and the City Manager of the City of Schertz are hereby
authorized and directed to execute on behalf of the Parties to this Agreement.
I.
1. Schertz agrees to make available a CPR and First Aid program to teach CPR and First
Aid to District staff and students. Schertz EMS will also provide instructional materials for these
Interlocal Agreement Page 1 of 6 06.06.17
classes in order to align with the curriculum. Materials will be billed as per the attached fee
schedule.
1.1. Schertz EMS will make available an Automated External Defibrillator (AED) program
allowing the District to purchase AED's at competitive prices and maintenance of units
purchased consisting of replacing the pads /batteries per manufactures' recommended
replacement schedule, tracking those expiration dates, tracking any use of a unit and tracking
serial numbers and extended warranties. For items purchased from and provided by Schertz
EMS, Schertz will also attempt to troubleshoot the AED should any malfunctioning occur. If
Schertz EMS cannot resolve the issue, they will work with the manufacturer to arrange servicing
of the item. In the event that an AED is used, Schertz EMS will obtain the unit and download
any pertinent event information from the unit as needed.
1.2. Schertz EMS will be available to perform medical standby for events held by SCUCISD.
These include but are not limited to varsity, junior varsity and junior high football games.
Schertz EMS will provide two (2) personnel on each apparatus that is scheduled for a standby.
All medical equipment will be provided by Schertz EMS. These standbys will be charged at an
hourly rate listed on the attached fee schedule. The time will be rounded up to the nearest quarter
of an hour. Schertz EMS will need a minimum of a one week notice prior to the event in order to
properly staff the standby.
1.3. Schertz EMS shall also provide on an as needed basis the Hepatitis B Vaccine series to
SCUCISD staff that are in need of it. The series consists of three doses of the vaccine. The
individual staff member will be responsible for contacting Schertz EMS to schedule their doses
of the vaccine. The District shall pay for the vaccine as per the attached fee schedule.
1.4. Schertz EMS may also participate in demonstrations and public relation type events
throughout the school year with SCUCISD. These demonstrations may include but are not
limited to mock ambulance type calls, showing students and staff our various pieces of
equipment or teaching skills to the students and /or staff free of charge. Typical
activities /demonstration are included in the fee schedule.
1.5. Schertz EMS will also provide a service to take back any unused or expired medications
at the end of the year from the school nurses at no charge. They will dispose of them properly
using their biohazard pickup procedures.
1.6. SCUCISD understands and agrees notwithstanding other provisions herein that the City
of Schertz employees and Schertz EMS staff shall at all times be deemed officers and employees
of the City of Schertz and shall be primarily responsible and answerable to and under the City of
Schertz management and leadership.
II.
2.1 SCUCISD agrees to pay to Schertz from current revenues available with payment in
arears net 30 after receipt of any products or services. The Parties agree at such times as are
convenient and necessary to adjust and /or re- compute the fee schedule as herein provided when
Interlocal Agreement Page 2 of 6 06.06. 17
there exist circumstances and conditions making such adjustments necessary and desirable to
accomplish the objectives of this Agreement,
2.2 SCUCISD certifies that all payments due under this Agreement shall be paid out of the
then current fiscal year funds.
2.3 All Parties agree that Schertz EMS shall be employed by Schertz and, as such, shall be
provided with all salaries and benefits of similarly- situated and classified employees of Schertz.
III.
3.1 The Parties agree that the terms and provisions of this Agreement shall commence at 8
a.m, on June 21St, 2017 and shall continue in full force and effect for a three -year period ending
on August 31St, 2020 and, subject to agreement on the Consideration by the Parties, shall
automatically annually renew for an additional periods of twelve (12) months, unless the Parties
hereto shall have previously exercised their right to cancel this Agreement as hereinafter
provided.
3.2 This Agreement may be terminated at any time by either Party, with or without cause,
upon no less than Sixty (60) days written notice delivered by hand or U.S. Certified Mail to the
other Party. No termination will relieve the obligation of SCUCISD to pay Schertz for any
amounts due and payable for Services performed hereunder prior to termination.
3.3 This Agreement may be terminated by any Party upon not less than thirty (30) days
written notice should another Party fail substantially to perform in accordance with the terms of
this Agreement through no fault of the Party initiating the termination.
IV.
4,1 This Agreement shall bind and benefit each Party and their legal successors, but shall not
otherwise be assignable, in whole or in part, by any Party without first obtaining the written
consent of the other Party.
V.
5,1,1 Notwithstanding any provision to the contrary herein, this Agreement is a contract for
and with respect to the performance of governmental functions by governmental entities,
5.1.2 The Services provided for herein are governmental functions, and the City and SCUCISD
shall be engaged in the conduct of a governmental function while providing and /or performing
any Service pursuant to this Agreement.
5.13 The relationship of SCUCISD and the City shall, with respect to that part of any Service
or function undertaken as a result of or pursuant to this Agreement, be that of independent
contractors,
Interlocal Agreement Page 3 of 6 06.06.17
5,1.4 Nothing contained herein shall be deemed or construed by the Parties hereto, or by any
third party, as creating the relationship of principal and agent, partners, joint venturers, or any
other similar such relationship between the Parties hereto.
5.2.1 SCUCISD Insurance or Coverage. The City shall have no liability whatsoever for or
with respect to SCUCISD's use of any SCUCISD property or facility, or the actions of, or failure
to act by, any employees, subcontractors, agents, or assigns of SCUCISD, and SCUCISD
covenants and agrees as follows:
5.2.2 SCUCISD shall be solely responsible, as between SCUCISD and the City and the agents,
officers, and employees of the City, for and with respect to any claim or cause of action arising
out of or with respect to any act, omission, or failure to act by SCUCISD or its agents, officers,
employees, and subcontractors, while on SCUCISD property or while using any SCUCISD
facility or performing any function or providing or delivering any service undertaken by
SCUCISD pursuant to this Agreement;
5.2.3 For and with respect to SCUCISD property or SCUCISD's use of any SCUCISD facility,
SCUCISD hereby contracts, covenants, and agrees to obtain and maintain in full force and effect,
during the term of this Agreement, a policy or policies of insurance, or risk pool coverage, in
amounts sufficient to insure SCUCISD and its agents, officers, and employees from and against
any claim, cause of action, or liability arising out of or from the action, omission, or failure to act
by SCUCISD, its agents, officers, employees, and subcontractors in the course of their duties,
5.3.1 City's Insurance or Coverage. SCUCISD shall have no liability whatsoever for the
actions of, or failure to act by, any employees, subcontractors, agents, or assigns of the City, and
the City covenants and agrees as follows:
53,2 The City shall be solely responsible, as between the SCUCISD and the City and the
agents, officers, and employees of SCUCISD, for and with respect to any claim or cause of
action arising out of or with respect to any act, omission, or failure to act by the City or its
agents, officers, employees, and subcontractors, while performing any function or providing or
delivering any Service undertaken by the City pursuant to this Agreement;
5.33 For and with respect to the Services to be provided by the City to SCUCISD pursuant to
this Agreement, the City hereby contracts, covenants, and agrees to obtain and maintain in full
force and effect, during the term of this Agreement, a policy or policies of insurance, or risk pool
coverage, in amounts sufficient to insure the City and its agents, officers, and employees from
and against any claim, cause of action, or liability arising out of or from the action, omission or
failure to act by the City, and its agents, officers, employees, and subcontractors in the course of
their duties.
5.4 It is specifically agreed that, as between the Parties, each Party to this Agreement shall be
individually and respectively responsible for responding to, dealing with, insuring against,
defending, and otherwise handling and managing its liability and potential liability pursuant to
this Agreement; each Party hereto reserves and does not waive any defense available to it at law
or in equity as to any claim or cause of action whatsoever that may arise or result from the
Interlocal Agreement Page 4 of 6 06.06.17
services provided and /or any circumstances arising under this Agreement. This Agreement shall
not be interpreted nor construed to give to any third party the right to any claim or cause of
action, and neither Schertz nor SCUCISD shall be held legally liable for any claim or cause of
action arising pursuant to, or out of the services provided under, this Agreement except -as
specifically provided herein or by law.
5.5 No Party hereto waives or relinquishes any immunity or defense on behalf of itself, its
trustees, councilmembers, officers, employees, and agents as a result of the execution of this
Agreement and the performance of the covenants and agreements contained herein.
VI.
6,1 All correspondence and communications concerning this Agreement shall be directed to:
Schertz: City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
Attention: City Manager
SCUCISD: Schertz - Cibolo- Universal City Independent School District
1060 Elbel Road
Schertz, Texas 78154
Attention: Superintendent
Notices required hereunder shall be hand - delivered or sent by certified mail, return receipt
requested.
VII.
7.1 This Agreement inures to the benefit of and obligates only the Parties executing it. No
term or provision of this Agreement shall benefit or obligate any person or entity not a Party to
it. The Parties hereto shall cooperate fully in opposing any attempt by any third person or entity
to claim any benefit, protection, release, or other consideration under this Agreement.
VIII.
8.1 If any provision of this Agreement shall be deemed void or invalid, such provision shall
be severed from the remainder of this Agreement, which shall remain in force and effect.
IX.
9.1 This Agreement is the entire agreement between SCUCISD and Schertz as to the subject
matter hereof, and is the sole and only agreement of the Parties and supersedes any prior
understanding or written or oral agreement relative to the subject matter hereof. This
Interlocal Agreement Page 5 of 6 06.06.17
Agreement may be amended only by written instrument duly approved and executed by the
Parties in accordance with the formalities of this Agreement,
X
10,1 The Parties agree this Agreement shall be construed under the laws of the State of Texas,
and obligations under the Agreement shall be performed in Guadalupe County, Texas,
The Parties hereto have executed this Agreement this W d y of , 2017,
SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT
YN By:
Dr. Greg`Uibson
Superintendent of Schools
Attested by.n;,,°
CITY OF SCHERTZ
By:
John Kessel,
City Manager
Attested by:
Intertocal Agreement Page 6 of 6 06.06.17
Exhibit A
Fee Schedule
• CPR Program
Fee Schedule
Item '
Fee
ASHI CPR Class (taught by Schertz EMS)
$30 /person
ASHI First Aid Class (taught by Schertz EMS)
$30 /person
ASHI CPR /First Aid Class (taught by Schertz EMS)
$50 /person
ASHI Instructor Class (taught by Schertz EMS)
$50 /person
AHA BLS Class (taught by Schertz EMS)
$40 /person
AHA Instructor Class (taught by Schertz EMS)
$50 /person
ASHI CPR e -cards or paper cards
$5.50 /each
ASHI First Aid a -cards or paper cards
$5.50 /each
ASHI CPR & First Aid e -cards or paper cards
$10 /each
ASHI CPR text book
$10 /each
ASHI First Aid text book
$11 /each
ASHI CPR Program Packet (DVD & class material)
$150 /each
ASHI First Aid Program Packet (DVD & class material)
$150 /each
ASHI Instructor Update (every 5 years)
$40 /each
ASHI Instructor Renewal (every 2 years)
$20 /each
AHA BLS Program Packet (DVD & class material)
$125 /each
AHA BLS Student Manual
$15 /each
AHA BLS student a -cards
$5 /each
AHA BLS student paper cards
$6 /each
AHA BLS instructor cards
$5 /each
AHA BLS Instructor Update (every 5 years)
$40 /each
• AED Program
Fee Schedule
Item .
Fee :.
Zoll AED Plus package (AED unit, soft sided case, battery, adult
pads, maintenance and protocol thru Schertz EMS)
$1,350 /each
AED Alarmed Metal Cabinet
$150 /each
AED Adult Pads (Zoll)
$155 /each
AED Pediatric Pads (Zoll)
$95 /each
AED Replacement Batteries (loll)
$45 /each
AED Maintenance (for units not purchased thru Schertz EMS)
$25 /unit /year
® Standby Program
These standbys will be charged at an hourly rate listed on the fee schedule below. The time will
be rounded up to the nearest quarter of an hour. Schertz EMS will need a minimum of a one
week notice prior to the event in order to properly staff the standby.
Fee Schedule
Item "
Fee
Ambulance Standby
$125 /hour
Gator Standby
$95 /hour
• Vaccination Program
Fee Schedule
Item Fee
Hepatitis B Vaccine Series (includes 3 doses) $140 /each
• Demonstrations /PR Events
Listed below are some of the activities that we have participated in in the past.
Fee Schedule
.Item
Fee ;
Health Fairs /Careers on Wheels
No charge
EMS Week school visits (all elementary schools minimum)
No charge
Law Enforcement class demonstrations
No charge
Health Science class demonstrations
No charge
Shattered Dreams
No charge
• Medication Takeback
Schertz EMS will take back any unused or expired medications at the end of the year from the
school nurses at no charge. We will dispose of them properly using our biohazard pickup.
SCHERTZ - CIBOLO - UNIVERSAL CITY ISD
BOARD MEETING
To: Board of Trustees Meeting Date: June 20, 2017
Discussion Date: May 16, 2017
Subject: Interlocal,Agre,ement.with.,the. City- of Schertz for -EMS Contract, Services
Category: Consent Item
From: Matt Rivera
Alignment to Strategic Plan:
P3: Effective and Efficient District and Campus Operations
Relevance to Board Policy (if applicable):
Policy CH (LEGAL) – PURCHASING AND ACQUISITIONANTERLOCAL AGREEMENTS: To
increase efficiency and effectiveness, a district may contract or agree with other local governments.—An
interlocal contract must be authorized by a board and the governing body of each contracting party; ...
http : / /pol.tasb. ora/Policy /Code /551 ?filter =CH
Background Information:
Schertz EMS has provided various services to our school district for many years. In reviewing the
services, we determined together to formalize these services and the consideration for them through an
Interlocal Agreement as permitted under Texas Government Code §791.001. Schertz EMS can provide
services and supplies such as CPR/First Aid Classes in support of District operations including: campus
nurses, transportation and maintenance departments, special education teachers and coaches. They can
also provide standby services at varsity and junior varsity games, medication takeback (disposal
program), Health Fairs /Careers on Wheels events, EMS week school visits (all elementary schools),
demonstrations for Law Enforcement and Health Science Tech classes, and supply American Safety &
Health Institute items such as cards, books, class materials, and other value added services to the District.
Administrative Considerations/Fiscal Impact:
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