19-R-90 - Amendment to Interlocal Agreement for Dispatch Services with the City of CiboloRESOLUTION NO. 19 -R -90
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 Schertz and the City of Cibolo desire to amend the Interlocal
Agreement on the terms, conditions and considerations contained herein.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 23rd day of July 2019.
CITY OF SCX ,TZ, TEXAS
Carpenter, Mayor
ATTEST:
nda Dennis, City . ecretary
50234811.1
EXHIBIT A
AGREEMENT
50234811.1 A-1
INTERLOCAL CONTRACT FOR DISPATCH SERVICES
AMENDMENT TO
SECOND AMENDMENT TO INTER -LOCAL AGREEMENT
FOR DISPATCH SERVICES
This Amendment to the Second Amendment to the Interlocal Contract for
Dispatch Services ("Amendment ") is entered into as of the t L day of
2019 (the" Effective Date "), between THE CITY OF SCHERTZ, TEXAS, a municipal
corporation and a political subdivision of the State of Texas ( "Schertz "), and CITY OF
CIBOLO, TEXAS ("Cibolo").
RECITALS
WHEREAS, the City of Schertz and the City of Cibolo previously entered into an
Interlocal Agreement to provide dispatch services ( "Agreement "); and
WHEREAS, the City of Schertz and the City of Cibolo previously entered into
the Second Amendment to Interlocal Agreement for dispatch services on April 1, 2016;
and
WHEREAS, the City of Schertz and the City of Cibolo desire to amend the
Second Amendment on the terns and conditions contained herein.
NOW, THEREFORE, in consideration of the mutual promises, covenants,
obligations and benefits of this Amendment to the Second Amendment, Schertz and
Cibolo agree as follows:
1. Article 1 F of the Second Amendment is deleted in its entirety and replaced with
the following:
ARTICLE I — PUBLIC SAFETY DISPATCH SERVICES
F. Payment for Dispatch Services: 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 $160,000.00 payable in four (4) equal
quarterly installments of $40,000.00, without the benefit of being invoiced by
the provider, payable on the first day of each fiscal quarter beginning October 1,
2015. The City of Cibolo will be responsible for funding half of the annual
support fees, which will be due at the beginning of the first quarter starting
October 1, 2015, in order to offset the enhanced connection necessary to supply
the transmission of data from COSA. Should there be unforeseen cost in regards
to enhancing the connection, these cost will be shared equally between the City of
Schertz and the City of Cibolo.
Amendment
City of Schein and City of Cibolo Dispatch
Beginning in January of 2021, the Consideration shall be increased by a percentage
equal to the percentage increase of the U.S. Department of Labor, Consumer Price
Index for All Urban Consumers (the "CPI -U "), all items, un- adjusted 12 months
ended January of the current year; provided the City of Schertz's proposal for a rate
adjustment shall be submitted no later than June 30 of each year, shall contain a copy
of the CPI -U, and shall be attached as an amendment to the Agreement.
Should the CPI -U decrease there will be no change in Consideration from the
previous year's rate. Alternatively should the CPI -U result in an increase in
Consideration, such increase shall not exceed five percent (5 %) per year.
The parties agree to meet directly and or through the Advisory Board by May 31" of
each calendar year, or such other date as is mutually agreeable, to evaluate the
sufficiency of payments for future Dispatch Services and to discuss in good faith any
proposed changes whether increases or decreases in user fees based on operational
cost analysis to include evaluation of costs distribution, changes in. workloads,
equipment replacement, economies of scale and labor costs as well as any costs for
connectivity to other agencies to provide services under this agreement. Any costs
for additional services will be provided in writing and will be included on the
quarterly invoices and payments made as outlined above.
In any event, if workload volume directly related to Cibolo increased to a point that
additional staffing becomes necessary, Schertz may within its sole discretion, but
after consultation with Cibolo, increase quarterly fees, and if announced by July 31"
for the following calendar year. Notwithstanding, the parties further agree that the
foregoing quarterly payments shall increase, as necessary, to cover any additional
expenses, including wage increases, health insurance increases, and other personnel-
related costs, associated with Schertz's cost of employing the additional dispatch
personnel necessary to provide Dispatch Services to Cibolo. Schertz shall notify
Cibolo, in writing, of any such additional expenses at least ninety (90) days prior to
the effective date of any increase in payment to Schertz for dispatch services.
2. Except as specifically modified by this Amendment , all other terms, conditions,
and provisions of the Second Amendment to the Interlocal Contract shall remain in
full force and effect. Where a portion of the Agreement is not supplemented,
modified, amended, and /or deleted by this Amendment, such unaltered portions of
the Agreement shall remain in effect.
[Signalures begin on.following page.]
Amendment 2
City of Schertz and City of Cibolo Dispatch
City of Cibolo
City of Schertz
By: �, t��4lLJL�s -► By:
Name: Name:
Title: C -4 Y�4"J*• c fl- Title:
Date: f 1 1 I -L6 1 g Date:
Amendment
City of Schertz and City of Cibolo Dispatch