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21-R-31 - Interlocal Cooperative Contact Agreement with Texas Parks & WildlifeRESOLUTION NO. 21 -R -31 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL COOPERATION CONTRACT AGREEMENT WITH TEXAS PARKS AND WILDLIFE DEPARTMENT (TPWD), 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 Cooperation Contract agreement with TPWD relating to Live Fire Training; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with TPWD pursuant to the Interlocal Cooperation Contract 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 TPWD in 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 6th day of April, 2021. CITY OF SCHERTZ, TEXAS -I- Mo&'Ikao Gutierrez ATTEST: 'renda Dennis, City Secretary EXHIBIT A INTERLOCAL COOPERATION CONTRACT AGREEMENT 50234811.1 A -1 INTERLOCAL COOPERATION CONTRACT between TEXAS PARKS AND WILDLIFE DEPARTMENT and SCHERTZ FIRE RESCUE for PRESCRIBED FIRE TRAINING This Contract is entered into by and between the Texas Parks and Wildlife Department, hereinafter referred to as "TPWD ", and Schertz Fire Rescue, hereinafter referred to as "SFR ", pursuant to the authority granted by and in compliance with the provisions of the Interlocal Cooperation Act, Chapter 791, Texas Government Code. TPWD and SFR may be referred to herein collectively as "Agencies" and separately as "Agency." I. PURPOSE The purpose of this Contract is to provide opportunities to capitalize on prescribed fire training, which is available to SFR through the implementation of TPWD's prescribed fire operations. TPWD will mutually benefit by having additional qualified labor available to implement prescribed fires on TPWD managed properties. The provisions of this Contract delineate each Agency's responsibilities and procedures when conducting cooperative prescribed fire operations ( "BURN ") performed under the management of TPWD as a part of its normal land management activities within the State of Texas. II. RESPONSIBILITIES A. TPWD shall: 1. Provide a primary point of contact to SFR for the purpose of notifications for each BURN. 2. Provide coordination among and between Agencies. 3. Manage, organize, and provide personnel management of each BURN, according to guidelines and requirements prescribed by TPWD policy. 4. Notify SFR of BURN opportunities and request specific equipment and personnel resources if needed. 5. Assist SFR in documenting the participation of SFR's employees in each BURN for training file purposes. B. SFR shall: 1. Provide a primary point of contact to TPWD for the purpose of notifications for each BURN. 2. Allow TPWD to have operational control of personnel, equipment, and resources being used, unless otherwise agreed. 3. Assure that all SFR employees participating in BURN must: a) Be physically capable of performing assigned duties; b) Maintain certifications, knowledge, skills, and abilities necessary to operate safely and effectively in the assigned position; c) Maintain support of employer for participation in activities; and d) Hold appropriate National Wildfire Coordinating Group (NWCG) certification (s) or task books for trainee positions. 4. Maintain a roster with qualification and fitness levels of all its employees who will be participating in the BURN and provide the roster to TPWD before each BURN. 5. Provide all tools and Personal Protective Equipment (PPE) to its employees necessary to complete performance under this Contract. All PPE must meet or exceed National Fire Protection Association (NFPA) 1977 Standard on Protective Clothing and Equipment for Firefighters (current edition). TPWD Template — March 2021 111. ADMINISTRATIVE, FINANCIAL, AND PERSONNEL MANAGEMENT A. Reimbursement: TPWD will NOT reimburse SFR for any costs associated with its participation in the BURN, including wages, travel, per -diem, supplies or equipment. Each Agency to this Contract will be responsible for its own expenses, including but not limited to those items listed above. B. Funding: Any expenditure of resources must be from current revenues available to the paying Agency. C. Medical Care for Iniury or Illness: If SFR's employee incurs an injury or illness during the performance of this Contract, TPWD will cooperate logistically with SFR to ensure SFR's employee is properly treated and medically evaluated. In the absence of SFR's management, TPWD will investigate the incident and make a determination as to whether, in its opinion, the injury or illness was work related and will notify SFR of its findings for proper processing of a Workers Compensation claim. D. Liability: Pursuant to Government Code §791.006(a -1), the Agencies agree to assign the liability as follows, in a manner different than that specified in §791.006(a): 1. Each Agency will be responsible for its actions, and the actions of its employees. 2. The activities performed under this Contract shall be performed entirely at each Agency's own risk. 3. To the extent allowed by law, each Agency releases the other Agency from the actions of its own employees. 4. To the extent allowed by law, each Agency waives all claims against the other Agency to this Contract for compensation from any loss, damage, personal injury, or death occurring as a consequence of the performance of this Contract. 5. TPWD certifies that it will meet all applicable insurance requirements under Section 11.355 of the Texas Parks and Wildlife Code. E. Compliance with Laws: All burn activities must be conducted in accordance with applicable law, including Texas Parks and Wildlife Code Chapter 11, Subchapter M, and associated TPWD regulations, and the "General Plan for Burning on TPWD Lands" document, which apply to burn activities conducted on TPWD land. TPWD Proiect Coordinator {s'1: Jeff Sparks State Parks Fire Program Manager 12016 FM 848 Tyler, Texas 75707 903 - 566 -5698 office ieff.sparks(a)tpwd.texas.gov Kevin Ferguson State Parks Fire Specialist 100 Park Road 71 Mineral Wells, Texas 76067 512 - 413 -6808 office kevin.ferguson(a)-tpwd.texas.gov Mike Lloyd State Parks Fire Specialist SP -R3 West HQ 7690 HWY 46 West Pipe Creek, Texas 78063 830 - 535 -4733 office mike. lloyd(a)_tpwd.texas.gov IV. POINTS OF CONTACT SFR Project Coordinator(s): Kade Long, Fire Chief 1400 Schertz Parkway, Bldg #8 Schertz, Texas 78154 210- 619 -1300 Mon- , schertz.com 2 TPWD Template — March 2021 TPWD Contract Coordinator: Jennifer O'Leary, CTCM, CTCD Contract Specialist 4200 Smith School Road Austin, Texas 78744 512 - 389 -4779 office tpwdcontracting (a)tpwd.texas.gov SFR Contract Coordinator: Julie Gohlke Purchasing and Asset Manager 1400 Schertz Parkway, Bldg #2 Schertz, Texas 78154 210- 619 -8789 i9oh1keAschertz.com V. GENERAL PROVISIONS A. Amendments: This Contract may be amended by mutual agreement of the Agencies. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the Agencies. B. Dispute Resolution: Any disputes arising from this Contract shall be resolved using Chapter 2260 of the Texas Government Code. C. Public Disclosure: Information, documentation and other material in connection with this Contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code ( "the Public Information Act "). To the extent allowed by law, no public disclosures or news releases pertaining to this Contract shall be made without prior written approval of TPWD. D. Termination: This Contract shall terminate upon expiration of the term, unless otherwise extended or renewed as provided in accordance with the Contract terms and conditions. Either Agency may terminate this Contract upon a thirty (30) day written notice. E. Termination for Default: TPWD may, by written notice of default to SFR, terminate this Contract in whole or in part for cause if SFR fails to perform in full compliance with the Contract requirements, through no fault of TPWD. TPWD will provide a thirty (30) day written notice of termination to SFR of intent to terminate, and TPWD will provide SFR with an opportunity for consultation with TPWD prior to termination. VI. PERIOD OF PERFORMANCE This Contract shall commence on the date of the last signature and shall continue for a period of five (5) years, unless terminated earlier in accordance with other provisions of this Contract. This Contract may be extended upon written approval by both Agencies. SCHERTZ FIRE RESCUE By: Authorized Signature Date: TPWD Template — March 2021 TEXAS PARKS AND WILDLIFE DEPARTMENT By- Date: Tammy Dunham, CTCM, CTPM Purchasing and Contracting Director