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16-R-46 -Fire Protection ILA with Bexar CountyRESOLUTION NO. 16 -R -46 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 WITH THE COUNTY OF BEXAR, TEXAS, 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 service; and WHEREAS, the County of Bexar has need of fire services in unincorporated Bexar 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 are designated in Exhibit A ; 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 Bexar County as set forth 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 281h day of June, 2016. CITY OF SCHE�TZ, TEXAS ,s Michael R. Carpenter, Mayor ATTEST: \- $renj a Dennis, City Secretary r (CITY SEAL) EXHIBIT A Attached STATE OF TEXAS § INTERLOCAL AGREEMENT FOR COUNTY OF BEXAR § FIRE PROTECTION SERVICES This Agreement ( "Agreement ") is made and entered into by and between the COUNTY OF BEXAR, a political subdivision of the State of Texas ( "COUNTY'), and the CITY OF SCHERTZ, a municipal corporation situated in Bexar County, Texas ( "CITY'). Authority for this Agreement is granted pursuant to the Interlocal Cooperation Act, Texas Government Code Section §791.001 et seq. and the Texas Local Government Code Section 352.001 et seq. WITNESSETH WHEREAS, the Commissioners Court of COUNTY is authorized to provide fire protection and firefighting services to citizens of COUNTY residing outside the city limits of any incorporated city within COUNTY; and WHEREAS, the Commissioners Court desires to provide such fire protection and firefighting services to citizens of COUNTY residing outside the city limits of CITY, in an area more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes (the "designated area "); and WHEREAS, CITY represents that it can adequately provide fire protection and firefighting services on behalf of COUNTY, utilizing CITY's fire department ( "CITY "), according to the terms and conditions hereinafter stated. NOW, THEREFORE, in consideration of the mutual covenants and agreements stated herein, the parties agree as follows: ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to secure the services of CITY to provide fire protection and emergency services to the designated area. ARTICLE II DEFINITIONS 2.01 For purposes of this Agreement, the following terms shall have the meanings set forth below: (a) FIRE DEPARTMENT - a firefighting unit consisting of not less than six active firefighters with a minimum of two training sessions each month, each a minimum of two hours long and with a majority of all active firefighters participating at each meeting. (b) FIREFIGHTING EQUIPMENT - vehicles and protective clothing for use in fire suppression. This includes fire suppression vehicles and all related materials normally carried on these vehicles such as hoses, wrenches, generators, exhaust fans, nozzles, ladders, rescue saws, pneumatic and hydraulic tools, and self - contained breathing apparatus. Protective clothing includes boots, helmets, gloves, turn -outs (jacket and pants), hazardous materials suits and similar gear. (c) TRAINING PROGRAM - a program consisting of a minimum of four hours each month, utilizing criteria set forth by in the State Firemen's and Fire Marshal's Association for volunteer firefighters or the Texas Commission on Fire Protection Standards and Education for paid firefighters. Documentation of this training is to be retained by CITY subject to inspection by COUNTY, through its Fire Marshal at any time during normal business hours. (d) ACTIVE FIREFIGHTER - a firefighter who attends a minimum of two training sessions each month, each a minimum of two hours long. (e) PAID FIREFIGHTER - a person, at least eighteen years of age, who meets the criteria set forth by the Texas Commission on Fire Protection Standards and Education. 2 (f) VOLUNTEER FIREFIGHTER - a person, at least eighteen years of age, who meets the equivalency of Basic Certification as a Volunteer Firefighter within three years after joining DEPARTMENT. (g) FIRE ALARM - the fire dispatch service utilized by COUNTY. (h) INCIDENT COMMANDER (IC) - The individual responsible for all major event activities, including the development of strategies and tactics and the ordering and the release of resources. The IC has overall authority and responsibility for conducting major event operations and is responsible for the management of all operations at the event site. (i) MAJOR EVENT - An occurrence or incident, natural or human - caused, which might impact a significant area or population, which requires an emergency response to protect life or property. Major events can, for example, include disasters, emergencies, terrorist attacks, terrorist threats, wildland and urban fires, floods, hazardous materials spills, nuclear accidents, aircraft accidents, earthquakes, hurricanes, tornadoes, tropical storms, war - related disasters, public health, use of chemical weapons or other weapons of mass destruction, and medical emergencies, and other occurrences requiring an emergency response. ARTICLE III TERM 3.01 The term of this Agreement is for one year beginning January 1, 2016, and ending December 31, 2016. 3.02 This Agreement may be terminated by either party with or without cause, upon sixty days written notice delivered by certified mail or in person to the other party. 3 ARTICLE IV OBLIGATIONS OF CITY 4.01 CITY agrees to perform the following services in accordance with specifications and standards established by the State Board of Insurance and the office of the State Fire Marshal of Texas, for the benefit of those persons residing in the designated area: (a) Assist the Bexar County Fire Marshal in fire prevention programs; (b) Establish a continuing training program for CITY personnel; (c) Monitor the Fire Alarm or alert system and radio system on a 24 -hour basis; (d) Respond to emergencies and fight fires within the designated area or in support of mutual aid agreements made in accordance with this Agreement; (e) Purchase and install one mobile radio on COUNTY Fire Alarm frequency (154.250) in each firefighting vehicle and provide other receiving equipment as CITY deems necessary; (f) Follow all current radio procedures specified by COUNTY; and (g) Notify Fire Alarm via radio when responding to calls in the designated area even if not dispatched by COUNTY. 4.02 It is expressly agreed between the parties that, in the event of conflicting fire alarms arising within the corporate limits of CITY and the unincorporated designated area, the alarm within the corporate limits shall have priority. Nevertheless, CITY shall use its best efforts to respond or to request assistance in responding to the alarm in the designated area. 4.03 CITY shall maintain, during the term of this Agreement, at least one -half of its active firefighters at a level of competency that meets the equivalency of the certification requirements of a basic firefighter as set forth by the State Firemen's and Fire Marshal's Association. All firefighters must meet the equivalency of the certification requirements herein stated within three years of joining CITY as a firefighter. Failure to meet these 2 standards is a material breach of this Agreement and shall entitle COUNTY to terminate this Agreement immediately upon written notice to CITY. 4.04 CITY shall complete criminal background checks of all current firefighters or EMS personnel with the assistance and cooperation of the Bexar County Fire Marshal's Office and establish procedures for excluding current or potential firefighters with unacceptable criminal convictions. The COUNTY requires that CITY not allow any personnel with a conviction for a felony or a misdemeanor involving moral turpitude on its department unless that person is otherwise certified by either the Texas Commission on Fire Protection or the Texas Department of State Health Services. 4.05 CITY shall create an inventory listing all of CITY's assets used in the provision of emergency services to include, at a minimum, the designation, quantity, model or serial number, condition and location of such assets within sixty (60) days from the date of this Agreement is executed and provide a copy to COUNTY. 4.06 CITY shall provide monthly status reports in addition to any other monthly reports required by this Agreement, to the Bexar County Fire Marshal to include any personnel incidents, staff certification progress, and the scope and purpose of any training conducted. 4.07 CITY shall establish training programs for all firefighters, probationary firefighters, reserve firefighters and fire officers pursuant to the curricula established by the State Firemen's and Fire Marshals' Association. 4.08 CITY is responsible for maintaining all required National Incident Management System (NIN4S) training which utilizes standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualifications standards, uniform standards of planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters. ARTICLE V OBLIGATIONS OF COUNTY 5.01 COUNTY agrees to pay the sum of One Thousand Seven Hundred Fifty -Six and 48/100 Dollars ($1,756.48) per month to CITY to be used solely for the following purposes: (a) Purchase or leasing of firefighting equipment; 5 (b) Maintenance and operation of firefighting equipment; and (c) Rental, construction, or purchase of firefighting facilities or buildings. 5.02 COUNTY agrees to provide CITY with dispatch services for the designated area, at no cost to CITY, for the duration of this Agreement. It is understood that the termination of this Agreement terminates the fire dispatch service provided by COUNTY unless CITY enters into a dispatch service agreement with COUNTY. ARTICLE VI BEXAR COUNTY FIRE MARSHAL SERVICES 6.01 COUNTY, through its Fire Marshal, further agrees to furnish, during the term of this Agreement, the following services upon request; (a) Assist CITY in determining the cause of any structural or suspicious fires; and (b) Assist in resolving questions of territorial jurisdiction between fire departments. In such cases, the decision of the Bexar County Fire Marshal shall be final. 6.02 The County Fire Marshal, or the County Fire Marshal's designee, shall perform as the incident commander in a major event in the unincorporated areas. ARTICLE VII EQUIPMENT 7.01 CITY shall provide all necessary equipment and transportation in providing services specified in this Agreement. 7.02 CITY agrees to remain responsible for registration, licensing, inspection, repairs, and maintenance of all equipment, and for any and all damages resulting from the use of any of its equipment, including motor vehicles. 7.03 COUNTY shall not accrue any equity or ownership interest in any equipment provided by CITY. ARTICLE VIII LIABILITY OF THE PARTIES 8.01 It is agreed that COUNTY shall not be liable or responsible to CITY in damages or any money demands for any loss or failure of the central dispatch communications equipment or because of neglect or failure on the part of the central dispatch service provider. 8.02 CITY and COUNTY agree that there is no requirement upon COUNTY to provide fire protection. CITY, therefore, accepts no responsibility to the residents of the designated area. ARTICLE IX INSURANCE 9.01 CITY shall provide and maintain automobile liability insurance for all its CITY vehicles having at least the following policy limits: $250,000 Bodily Injury Per Person $500,000 Bodily Injury Per Occurrence $100,000 Property Damage Per Occurrence 9.02 CITY agrees that, with respect to the above required insurance, CITY shall: (a) Maintain liability insurance through an approved insurance company licensed to do business in Texas. (b) Name COUNTY as an additional insured such that any such policy shall apply fully to any "additional insured," as if COUNTY were a "named insured," or furnish COUNTY with documentation evidencing, to COUNTY's satisfaction, that such policy does not permit COUNTY to be named as an additional insured thereunder. 7 (c) Provide to COUNTY certificates of insurance, binders, or other proof of insurance, acceptable to COUNTY in its sole discretion, evidencing all insurance coverage required by this Article. Maintenance of a current certificate of insurance on file with the Bexar County Auditor's Office shall be a condition precedent to payment by COUNTY under this Agreement. (d) Provide thirty days advance notice in writing to COUNTY of cancellation or material change of any and all insurance maintained pursuant to this Article. FATRWWWA FORCE MAJEURE 10.01 Neither COUNTY nor CITY shall be required to perform a term, condition, or covenant in this Agreement so long as such performance is delayed or prevented by force maj eure, which shall mean acts of God, strikes, lockout, material or labor restrictions by any governmental authority, civil riot, floods, and any other cause not reasonably within the control of COUNTY or CITY and which by the exercise of due diligence CITY or COUNTY is unable, wholly or in part, to prevent or overcome. ARTICLE XI REPORTS 11.01 CITY shall maintain accurate run reports of each incident to which it responds. Reports shall be retained by CITY subject to inspection by COUNTY, through its Fire Marshal, at any time during normal business hours. ARTICLE XII INSPECTION OF BOOKS/FINANCIAL RECORDS 12.01 CITY agrees that the Bexar County Auditor shall have access for inspections and reviews any financial records, reports, or data related to the funds provided herein and the County Auditor may conduct such inspections and reviews at any reasonable time. 0 ARTICLE XIII EQUAL EMPLOYMENT OPPORTUNITY AI,1D CIVIL RIGHTS 13.01 No person shall illegally be excluded from participation in, or be denied the benefits of, the program which is the subject of this Agreement on the basis of race, creed, color, sex, age, disability or national origin. ARTICLE XIV AMENDMENT 14.01 No amendment, modification, or alteration to this Agreement shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. ARTICLE XV NOTICES 15.01 All notices by the parties shall be deemed given when either delivered in person or deposited in the U.S. Mail, postage prepaid, certified mail, return receipt requested, addressed to the appropriate party at the following address: If to COUNTY: County Judge Paul Elizondo Tower 101 W. Nueva, Suite 1000 San Antonio, Texas 78205 With a copy to: County Fire Marshal 622 Dolorosa Street San Antonio, Texas 78207 -4535 And: County Auditor Paul Elizondo Tower 101 W. Nueva, #800 San Antonio, Texas 78205 If to CITY: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 -1634 ARTICLE XVI MUTUAL AID 16.01 CITY agrees to use its best efforts to enter into a mutual aid agreement with other fire departments that have contracted with Bexar County to provide fire protection services. ARTICLE XVII COMPLIANCE WITH LAWS AND REGULATIONS 17.01 In providing all services pursuant to this Agreement, CITY shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provision of, such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this Agreement, and shall entitle COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to CITY. ARTICLE XVIII PARTIES BOUND 18.01 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns where permitted by this Agreement. ARTICLE XIX TEXAS LAW TO APPLY 19.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable solely in Bexar County, Texas. ARTICLE XX LEGAL CONSTRUCTION 20.01 In case anyone 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, 10 illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE XXI PRIOR AGREEMENTS SUPERSEDED 21.01 This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. IN WITNESS WHEREOF, this Agreement is executed in duplicate originals this day of , A.D., 2016, COUNTY OF BEXAR BY: NELSON W. WOLFF County Judge ATTEST: P: a GERARD RICKHOFF County Clerk 11 CITY OF SCIIERTZ BY: JOHN C. KESSEL City Manager ATTEST: BY: BRENDA DENNIS City Secretary APPROVED: BY: FIRE CHIEF APPROVED AS TO LEGAL FORM: JILL TORBERT Assistant Criminal District Attorney - Civil Section APPROVED AS TO FINANCIAL CONTENT: BY: SUSAN YEATTS County Auditor APPROVED: BY: CHRIS LOPEZ Fire Marshal BY: DAVID SMITH County Manager JT /CONTRACTS/VFD /SCHERTZI6VFD,KT 12 Schertz FD Response Area EXH I BIT A