1999R12- INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES
RESOLUTION NO. 9 f- /?- / JL
,
RESOLUTION
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
APPROVING AN INTERLOCAL AGREEMENT FOR FIRE
PROTECTION SERVICES BETWEEN GUADALUPE COUNTY,
TEXAS AND THE CITY OF SCHERTZ, TEXAS.
WHEREAS, the City Council of the City of Schertz desires to enter into
an Interlocal Agreement with Guadalupe County for fire protection services; and
WHEREAS, the Agreement attached hereto and incorporated herein,
for all purposes represents the proposed Agreement between the parties;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Schertz, Texas as follows:
1. The Interlocal Agreement for fire protection services
attached hereto is hereby approved.
2. The City Manager is authorized to execute said
Agreement on behalf of the City of Schertz.
PASSED, APPROVED AND ADOPTED this.5;t::L d
ATTEST:
c=~.~
(SEAL OF CITY)
STATE OF TEXAS
COUNTY OF GUADALUPE
INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES
This agreement is entered into by and between the County of Guadalupe, a political
subdivision of the State of Texas, hereinafter referred to as "County", and the City of Schertz, a
municipal corporation situated in Guadalupe County, Texas, hereinafter called "City". Authority is
granted pursuant to the Interlocal Cooperation Action, Article 4413 (3 2c), Texas Revised Civil
Statutes.
WHEREAS, 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 A attached hereto and in corporate herein, hereinafter called the "designated
area"; and
WHEREAS, City currently provides fire protection services to its residents and is willing to provide
such services to certain areas of the County, according to the terms and conditions
hereinafter stated; and
NOW, THEREFORE, in consideration of the mutual covenants and agreement stated herein,
the parties agree as follows:
I.
The purpose of this agreement is to allow City to provide fire protection services to the designated
area as described in Exhibit A.
II.
The term of this agreement shall be twelve months beginning October 1, 1999 and ending September
30, 2000.
ill.
City agrees to provide fire protection services to the designated area. Said services shall be provided
from existing fire station locations within the City. It is understood and agreed that the fire fighting
equipment and personnel of City shall give priority to calls within the city at all times and should the
Chief of the City of Schertz Fire Department or his representative determine that an emergency
condition exists within the corporate limits ofthe City, the City reserves and shall have the right to
refuse to make any calls outside the corporate limits during the pendency to such emergency.
CITY OF SCHERTZ
FIRE AGREEMENT
PAGE TWO
IV.
Guadalupe County agrees to pay the sum of $1,729.16 per month to the City for services
rendered under this agreement. The County agrees that the sum is to be paid to the City monthly no
later than the first day of the month for services in the preceding month.
v.
The parties agree that all equipment and personnel used in the provision of services hereunder shall
be and remain the sole management and budgetary authority of City's manager.
VI.
It is agreed and understood that the action by any person or persons while fighting fires or providing
emergency services, traveling to or from fires or emergency calls, or in any manner furnishing fire
protection services to the residences of Guadalupe County outside of the corporate limits of City shall
be considered as the actions of agents of the County in all respects, notwithstanding such person or
persons may be regular employees or fireman of said City. It is further agreed that the City of Schertz
shall not be held liable for the actions of any of its employees while engaged in fighting fires or
making emergency calls outside the corporate limits of said City. County shall indemnify and hold
harmless City from and against any and all losses, damages, injuries, claims, demands, costs and
expenses (including legal expenses) of every kind, arising out of or connected with the making of any
call by City personnel and vehicles outside of the corporate limits of City. (City shall promptly notify
County of~y such loss, damage, injury, claim, demand, cost or expense). County agrees to replace
or repair City fire equipment damaged in the course of rendering services pursuant to this agreement
outside of the corporate limits of City.
Vll.
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 parties hereto.
vm.
Notice to the County shall be delivered to the County Judge, Guadalupe County, 307 West Court,
Seguin, Texas 78155. Notice to the City shall be delivered to the Mayor of Schertz, P.O. Box 1,
Schertz, Texas 78154.
CITY OF SCHERTZ
FIRE AGREEMENT
PAGE THREE
This agreement shall be binding upon and inure to the benefits of the parties hereto and their
respective legal representatives, successors, and assigns where permitted by this agreement.
X.
In case anyone or more of the provisions contained in this agreement shall for any reason by 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.
XI.
This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior
understandings or written or oral agreements between and parties respecting the subject matter. This
agreement shall also supersede the existing agreement between Guadalupe County and the Schertz
Fire Department which contract is hereby terminated.
Executed in duplicate originals this Cl Y day ofSe-p-f.c.?\. ~ crlt.... 1999.
CITY OF SCHERTZ, TEXAS
BY L-~
City M~er, Kerry Sweatt
ATTEST:
~~
COUNTY OF GUADALUPE
BY 6c1dM:dL'
/ James E. Sagebiel, County Jl;1dge
PRo --T em JU.dS e 3ftYl Wo t ~ e.rto (\
ATTEST. . ~ ~-V' )77.
Lizzie M. Lorenz, County Cle
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