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26-R-097 Authorizing Amendment Interlocal City of San MarcosRESOLUTION 26-R-097 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF SAN MARCOS FOR ALLOCATION OF EMERGENCY MEDICAL SERVICES AND FOR A MUTUAL AID AGREEMENT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz entered into an Interlocal Agreement with Guadalupe County effective as of October 1, 2023 for the provision of Emergency Medical Services; and WHEREAS, the City of Schertz has determined that the provision of certain emergency medical services is a public purpose and within their statutory powers of government; and WHEREAS, Schertz EMS has the need to allocate parts of the Guadalupe County EMS contract with other EMS agencies; and WHEREAS, it is a benefit to both the City of Schertz and the City of San Marcos to enter into an interlocal and mutual aid 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 enter into an interlocal agreement with the City of San Marcos as outlined in 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 day of Z- 026. CITY OF SCHERTZ, TEXAS ATTEST: J* �. Sheila Edmondson, City Secretary Exhibit "A" Interlocal Agreement INTERLOCAL AGREEMENT FOR ALLOCATION OF EMERGENCY MEDICAL SERVICES AND FOR MUTUAL AID STATE OF TEXAS COUNTY OF GUADALUPE This Interlocal Agreement for Allocation of Emergency Medical Services and for Mutual Aid (this "Agreement"), is between the City of Schertz, Texas ("Schertz"), and the City of San Marcos ("San Marcos"), and shall be effective as of October 1, 2026, for the term stated below. Schertz and San Marcos shall hereafter collectively be referred to as "the Cities" or "the Parties." WHEREAS, Schertz desires to provide emergency medical services to the unincorporated areas of Guadalupe County (the "County") and is entering into an lnterlocal Agreement for Emergency Medical Services with the County to provide said services (the "County EMS Agreement") which is to be effective on the same effective date of this Agreement; and WHEREAS, for purposes of facilitating the County EMS Agreement, Schertz desires to allocate between Schertz and San Marcos coverage area, fees, personnel, equipment and other obligations of the County EMS Agreement in exchange for mutual covenants and other consideration hereinafter provided; NOW, THEREFORE, the Cities/Parties, acting by and through their duly authorized officers, hereby covenant and agree as follows: Section 1. Responsibilities of San Marcos; (a) During the term of this Agreement, San Marcos agrees to furnish emergency medical services ("EMS") to the unincorporated areas of the County as described on the map attached hereto as Exhibit "A" ("Service Area"). (b) San Marcos shall respond to all calls for emergency medical assistance and emergency medical transport and advanced life support service with mobile intensive care unit capability (MICU) within the Service Area. San Marcos's MICU units will be staffed with a minimum of one paramedic (preferably with two paramedics) at all times. (c) San Marcos agrees that during the term of the Agreement, they shall use any available EMS resource to respond to all requests for service on a next -available -ambulance basis regardless of call location within the San Marcos coverage area. (d) San Marcos agrees to use every effort possible to maintain an average monthly response time of thirteen (13) minutes on responses not to include cancellations, transfers, standbys or un-safe scenes in which law enforcement must make the scene safe prior to entry. Response time shall be defined as the period of time starting when a San Marcos ambulance is notified of an emergency response and ending when an ambulance arrives on location of the emergency. (e) Schertz and the County shall arrange for all requests for assistance within the Service Area to be sent directly to San Marcos by 911-telephone transfer or by the County alerting San Marcos via agreed radio frequency. (f) San Marcos agrees to transport patients to their facilities of choice if their medical condition allows based on their policies and protocols. If the patient condition prevents this, the patient should be transported to the closest most appropriate facility. (g) San Marcos agrees to maintain a Medical Director as required by the Texas Department of State Health Services (DSHS). Any change in Medical Director shall be reported in writing to Schertz within ten (10) business days. (h) San Marcos will maintain Mutual Aid agreements with multiple agencies, including Schertz, to provide for appropriate responses during times of high call volume or multiple casualty incidents. (i) San Marcos agrees to coordinate and respond with all Guadalupe County First Responders including Medical Direction, .coordination of responses, and re -supplying of medical supplies used on emergency medical responses. (j) San Marcos shall observe and comply with all applicable federal, state, county and local laws, rules, ordinances, and regulations which in any manner affect the provision of the services described in this Agreement and shall perform such services in a professional manner in accordance with standard emergency medical services practice. (k) San Marcos agrees to maintain insurance on its equipment, vehicles, and personnel in the amounts required by the Texas Department of State Health Services for EMS Provider Licensing. Any changes in coverage will be reported in writing to Schertz within ten (10) days of such change becoming effective. (1) San Marcos agrees to provide Schertz with San Marcos's run statistics for responses in the Service Area. These reports shall provide Schertz with the number of calls, location of calls, transports, response times, and type of call (medical/trauma) in the Service Area. These reports shall be sent to Schertz each month before the 5th day of the following month. Due to patient privacy considerations, reports containing specific protected health information as defined by the Health Insurance Portability and Accountability Act of 1996 and other applicable laws shall not be made available to Schertz without the appropriate written consent of the patient or the patient's authorized representative or without a specific court order. (m) San Marcos agrees to indemnify Schertz to the extent allowed by law for all actions of San Marcos in connection with carrying out the responsibilities of San Marcos under this Agreement. (n) It is expressly understood that in the performance of the obligations under this Agreement, each party is an independent contractor with the right to supervise, manage, control, and direct the provision of EMS calls to which it is responding. Section 2. Responsibilities of Schertz. (a) Schertz agrees to conduct, at a minimum, biannual meetings with all sub -contractors to discuss service level, customer service issues, and other issues as brought forward by the County Emergency Services Administrator. Any customer service issues brought to Schertz regarding service provided by San Marcos will be forwarded as soon as possible to San Marcos for investigation and resolution. (b) Schertz agrees to coordinate with the Guadalupe County Emergency Management Office on the designation of recognized County first responders and to report any changes in this designation to San Marcos immediately. (c) Schertz agrees to involve San Marcos as necessary on all EMS -related issues that occur in the Service Area covered by San Marcos. This would include issues such as ambulance standbys, injury prevention activities, and community education events. (d) Schertz agrees to indemnify San Marcos to the extent allowed by law for all actions of Schertz in connection with carrying out the responsibilities of Schertz under this Agreement. Section 3. Term and Renewal. This Agreement shall be for a term commencing with the effective date of October 1, 2026. This Agreement shall remain in full force and effect for the full term of the County EMS Agreement ("Term") which is two (2) years, including any extensions thereof ("Renewal Term") provided that either San Marcos or Schertz may terminate this Agreement as set forth in Section 6 of this Agreement. Section 4. Consideration. (a) In consideration of San Marcos provision of the Emergency Medical Services during the Initial Term, Schertz agrees to pay San Marcos $148,719.12 annually, payable in twelve (12) equal monthly installments within fifteen (15) days of each month for each year of the Initial Term. (b) If Schertz negotiates any extension of its agreement with the County and there is any increase or decrease of fees, Schertz shall negotiate with all sub -contractors to provide additional consideration as outlined by Schertz's agreement with the County. (c) Schertz retains the right to negotiate with one or more sub -contractors for the provision of EMS to the County on an annual basis with respect to territory coverage, call volume and other considerations so that Schertz may facilitate the highest levels of EMS service being provided at all times throughout all areas of the County. (d) Schertz agrees not to withhold monthly installments for any reason other than monthly reports not being received from San Marcos in a timely manner. Alleged failure to perform shall be addressed in accordance with this Agreement but shall not be reason to withhold payments. (e) Schertz agrees that, in addition to the fee payable by Schertz to San Marcos pursuant to Section 4(a), San Marcos and its contracted designees will make every attempt to bill and collect from the patient's insurance company. In no event shall Schertz or the County be responsible for payment of such patient charges. Section 5. Failure Perform. (a) San Marcos agrees to maintain response time reliability as outlined in Section l(d). In the event that San Marcos fails to maintain response time reliability as outlined in Section l(d), San Marcos will report this fact to Schertz and a meeting will be called to discuss the circumstances that led to this failure to perform. (b) Schertz may, at its discretion, place San Marcos on a ninety (90) day remediation period. During this time, San Marcos will provide reports as to the steps it is taking to correct the poor performance and the current response time reliability. (c) San Marcos agrees to make every effort possible to fulfill their responsibilities in assisting Schertz in maintaining compliance with the County's expectations as outlined by this Agreement. If San Marcos's performance or lack thereof could harm the overall viability of Schertz's agreement with the County, Schertz may, after a 90-day notice, terminate this agreement with San Marcos. All monies owed for the service provided until the actual date of termination will be paid to San Marcos. Section 6. Termination of this Agreement. (a) This Agreement shall remain in effect until Agreement expires, completion and acceptance of services or default. Schertz reserves the right to terminate the contract with a 90 day written notice. Either party may terminate this Agreement without cause by giving not less than one hundred twenty (120) days' notice in writing to the other party. When such notice is provided, San Marcos agrees to continue to provide service until the one hundred twenty (120) day notice period ends. Schertz agrees to pay the full consideration due to San Marcos through the one hundred twenty (120) day notice period. Section 7. Mutual Aid. (a) San Marcos and Schertz expressly acknowledge and agree that, in certain instances, the other party may not be able to respond to an EMS call within its allocated service area. In such instances, the parties agree to provide each other with mutual aid and to dispatch equipment and/or personnel in accordance with and subject to the terms and conditions hereinafter set forth. (b) The Parties agree to provide EMS to each other upon a request for assistance from the EMS Chief, Fire Chief, Battalion Chief, City Manager or other authorized individual as designated in writing by the respective City. (c) Although each party will endeavor to respond to all requests for assistance, nothing herein shall be construed as imposing any absolute duty or obligation upon any party to respond to any particular request for services. The provision of EMS to each party's own area of responsibility shall always remain the primary function of that party's department. (d) The responding party shall report with its equipment and/or personnel to the location requested by the dispatcher and shall remain there to render the assistance required. Should the responding party be dispatched to a location at which the requesting party has already arrived, the responding party agrees to work under the authority of the requesting party upon arrival at the scene. (e) In the event one party cannot or is unable to respond to a request for assistance, that party shall immediately notify the party requesting such assistance. (f) All claims for workers compensation or other benefits arising out of the performance of this Agreement shall be the sole responsibility of the party which is the general employer or supervisor of the person filing such claim. (g) At no time shall the employees of a responding party be considered borrowed servants or on loan to the requesting party. Section 8. Authorization. This Agreement has been duly authorized by the governing bodies of San Marcos and Schertz. Section 9. Severability. If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, the remaining portions hereof shall continue in full force and effect. Section 10. Amendments. This Agreement represents the complete understanding of San Marcos and Schertz with respect to the matters described herein, and this Agreement may not be amended or altered without the written consent of both parties. Section 11. Governing Law. This Agreement shall be governed by the laws of the State of Texas. Section 12. Governmental Functions: Liability: No Waiver of Immunity or Defenses. 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. (a) The services provided for herein are governmental functions, and the Parties shall be engaged in the conduct of a governmental function while providing and/or performing any service pursuant to this Agreement. (b) The relationship of the Parties 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. (c) Nothing contained herein shall be deemed or construed by the Parties, or by any third party, as creating the relationship of principal and agent, partners, joint ventures, or any other similar such relationship between the Parties. (d) Each Party shall have no liability whatsoever for the actions of, or failure to act by, any employees, agents, representatives, or assigns of the other Party in connection with the Agreement. Each Party covenants and agrees, to the extent permitted by law, that it shall be solely responsible, as between the Parties, 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 its respective employees, agents, representatives, or assigns, in connection therewith. (e) Each Party 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 or in connection with 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 Party shall be held legally liable for any claim or cause of action arising pursuant to or in connection with this Agreement except as specifically provided herein or by law. (f) Neither Party waives or relinquishes any immunity or defense on behalf of itself, its commissioners, councilmembers, officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants and agreements contained herein. [Signatures and acknowledgements on thefollowingpages] INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CITY OF SAN MARCOS, TEXAS The Parties hereto have executed this Agreement as of the dates set forth below to be effective as of the Effective Date. CITY OF SCHERTZ, TEXAS 0 Steve Williams, City Manager SIGNATURE PAGE TO INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CITY OF SAN MARCOS, TEXAS CITY OF SAN MARCOS LN Stephanie Reyes, City Manager