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21-R-91 - Interlocal Sgreement for Fire Protection Services in Guadalupe CountyRESOLUTION NO. 21 -R -91 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN AN INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES IN GUADALUPE COUNTY BETWEEN THE CITY OF SCHERTZ, AND THE CITY OF SEGUIN, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz Fire Rescue Department provides fire service to the citizens of Schertz and is a participant in multiple mutual aid agreements among other jurisdictions to provide and receive fire and rescue services; and WHEREAS, the County of Guadalupe has need of fire services in unincorporated Guadalupe County and historically contracts with the nearest fire departments to provide that service; and WHEREAS, it is of benefit to both parties and to the residents in those areas, to enter into this Agreement to efficiently provide that service to the areas designated in the Agreement ; 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 the Interlocal Agreement to provide fire service to areas within Guadalupe County as set forth in Exhibit A.B.C. and D. 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 24th day of August 2021. ATTEST: 4_ Brenda Dennis City Secretary (CIT' CITY OF SCHERTZ, TEXAS y/.4F- R6p G t rrez, Mayor STATE OF TEXAS COUNTY OF GUADALUPE INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES IN GUADALUPE COUN'T'Y BETWEEN THE CITY OF SCHERTZ AND THE CITY OF SEGUIN This agreement is entered into by and between the City of Seguin ( "Seguin "), a municipal corporation situated in Guadalupe County, Texas and the City of Schertz ( "Schertz "), a municipal corporation situated in Guadalupe County, Texas (collectively the "Cities "). Authority is granted pursuant to the lnterlocal Cooperation Act, Chapter 791 of the Texas Government Code. WHEREAS, Guadalupe County desires to provide fire protection services to citizens of the County residing outside the city limits of the City of Seguin, in an area more particularly described in Exhibit "A" attached hereto and incorporate herein, hereinafter called the "designated area "; and WHEREAS, Guadalupe County desires to provide fire protection services to citizens of the County residing outside the city limits of the City of Schertz, in an area more particularly described in Exhibit "B" attached hereto and incorporate herein, hereinafter called the "designated area'; and WHEREAS, Guadalupe County desires to provide backup fire protection services to the Volunteer Fire Departments serving the unincorporated areas described in the above Exhibit "C "; and WHEREAS, the Cities currently provide fire protection services to their respective residents with fulltime professional personnel on a twenty -four hour, seven days a week basis and are willing to provide such services to certain areas of the County, according to the terms and conditions stated in an Interlocal Agreement between Guadalupe County and the City of Seguin; NOW, THEREFORE, in consideration of the mutual covenants and agreement stated herein, the Cities agree as follows: I. The purpose of this agreement is to allow Seguin to provide fire protection services to the designated areas as described in Exhibit "A;" and, to allow Schertz to provide fire protection services to the designated areas described in Exhibit "B ". Additionally, the cities will provide mutual aid fire protection services as needed to the other unincorporated areas of Guadalupe County. II. The term of this agreement shall be for three years, beginning October 1, 2021 and ending September 30, 2022. III. Seguin and Schertz agree to provide fire protection services to the designated areas including extrication and other rescue services to support the EMS contract. Said services shall be provided from existing fire station locations within each of the respective Cities. It is understood and agreed that the fire fighting equipment and personnel of Seguin or Schertz shall give priority to calls within their respective city at all times. In the event of such emergency, the Seguin Fire /EMS Department and the Schertz Fire Department will call upon its mutual aid agreements to provide next available units. IV. Seguin agrees to pay the sum of $37,000.00 per year, paid in twelve monthly installments of $3,083.33 to the City of Schertz for services rendered under this agreement following receipt of payment from Guadalupe County, V. The Cities agree that all equipment and personnel of Seguin and Schertz used in the provision of services hereunder shall be and remain the sole management and budgetary authority of the City Manager for each city. WN No amendment, modification, or alteration shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the Cities. VII. Notice to the City of Seguin shall be delivered to the City Manager, City of Seguin, 205 N. River Street, Seguin, Texas 78156. Notice to the City of Schertz shall be delivered to :City Manager, City of Schertz, 14.00 Schertz Parkway, Schertz, Texas 781154. This agreement shall be binding upon and inure to the benefits of the Cities and their respective legal representatives, successors, and assigns where permitted by this agreement. VIII. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. IX. This agreement constitutes the sole and only agreement of the Cities and supersedes any prior understandings or written or oral agreements between and the Cities respecting the subject matter. X. To the fullest extent permitted by law, each City shall and does hereby agree to indemnity, protect, defend, and hold harmless the other City, its officers, agents and employees, for, from and against all claims, demands, liabilities, damages, costs, suits, losses, liens, expenses, causes of action, judgments, and fees (including court costs, attorney's fees, and costs of investigation), of any nature, kind, or description by, through, or of any person or entity whomsoever arising out of, or alleged to have arisen out of, (in whole or in part) the work to be performed, or in any way whatsoever in connection therewith. Pursuant to Texas Government Code 791.006, the governmental - =unit that would have been responsible for furnishing the services in the absence of a contract is responsible for any civil liability that arises from the furnishing of those services. Nothing in this agreement adds to or changes the liability limits and immunities for a governmental unit provided by the Texas Tort Claims Act, Chapter ioi, Civil Practices and Remedies Code, or other law. This agreement is not a joint enterprise for the purpose of assigning or determining liability. XI. Any of the Cities shall have the right to terminate this agreement with a ninety (go) day written notice. This Agreement is executed this day of 2o2i. CITY OF SEGUIN CITY OF SCHERTZ By: Steve Parker City Manager City of Seguin Attest: Naomi Manski City Secretary By: `-1_7 ` ]F��� Mark Browne City Manager City of Schertz Brenda ennis City Secretary W U L C Co Cb ou - J a � � ^•. Ifs '�.. � �.,. .q - , a° t - u> fV I 3 j I � D ca f CL A s�� o U) T. 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