18-R-34 - ILA Bexar County Fire Protection ServicesRESOLUTION BY COUNCIL OF OF
AUTHORIZING TEXAS 1 ENTER
INTO AN INTERLOCAL AGREEMENT FOR FIRE PROTECTION
SERVICES 1 D OTHER
CONNECTION
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 area 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 Acting City Manager to enter into
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 27th day of March, 2018.
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ATT
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Brenda Dennis, City Secretary l
(CITY SEAL)
R. Carpenter, Mayor
W14 ,
Attached
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., 2018.
COUNTY OF BEXAR
MM
NELSON W. WOLFF
County Judge
ATTEST:
C
GERARD C. RICKHOFF
County Clerk
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CITY OF SCHERTZ
BY: / L� �•��
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City Manager
ATTEST:
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BY: a
RENDA DENNIS
City Secretary
BY:
FIRE CHIEF
APPROVED AS TO LEGAL FORM:
BY:
KATHERINE RAMOS
Assistant Criminal District
Attorney - Civil Division
APPROVED AS TO FINANCIAL CONTENT:
SUSAN YEATTS
County Auditor
BY:
DAVID SMITH
County Manager
r: i ' •
Fire Marshal
12
Schertz FD Response Area
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EXHIBIT
IN
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 continue 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, All payments for expenses incurred as a result of the performance of this
Agreement must be made only from current revenues legally available to the respective
Parties; 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.
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(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.
I\ Le "n
3.01 The term of this Agreement is for one year beginning January 1, 2018, and ending
December 31, 2018.
3.02 This Agreement may be terminated by either party with or without cause, upon sixty
days written notice delivered by certified mail, return receipt requested or in person, with a
written receipt acknowledging delivery, to the other party.
K
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
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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 (NIMS) 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.
5.01 COUNTY agrees to pay the sum of One Thousand Seven Hundred Fifty -Sig 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;
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(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.
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
EO UIP MENT
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.
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7.03 COUNTY shall not accrue any equity or ownership interest in any equipment provided
by CITY.
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.
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.
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(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.
ARTICLE X
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
majeure, 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 X11
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.
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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.
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.
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
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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.
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.
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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.
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
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20.01 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,
lull