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20-R-65 - MOU with Guadalupe County Fire Marshals Office for Rescue Task Force EquipmentRESOLUTION NO. 20 -R -65 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN AN MEMORANDUM OF UNDERSTANDING WITH THE GUADALUPE COUNTY FIRE MARSHAL'S OFFICE FOR RESCUE TASK FORCE EQUIPMENT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an Memorandum of Understanding with Guadalupe County Fire Marshal's Office related to Rescue Task Force Equipment; and WHEREAS, Chapter 791 of the Texas Government Code, as amended, titled Interlocal Cooperation Contracts, authorizes contracts between political subdivisions for the performance of governmental functions and services; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Memorandum of Understanding with Guadalupe County Fire Marshal's Office related to Rescue Task Force Equipment attached hereto as Exhibit A (the "Agreement "). 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 Memorandum of Understanding with Guadalupe County Fire Marshal's Office for Rescue Task Force Equipment 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 fmdings 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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. MEMORANDUM of UNDERSTANDING BETWEEN GUADALUPE COUNTY FIRE MARSHAL'S OFFICE And Schertz Fire Rescue 1. This agreement is between Guadalupe County Fire Marshal's Office and Schertz Fire Rescue now referred to as the DEPARTMENT, and their use of the Rescue Task Force (RTF) equipment, which was purchased by Guadalupe County using State Homeland Security Funds to plan for, prevent, respond and mitigate against acts of terrorism and other threatening incidents 2. Guadalupe County Fire Marshal/ Office of Emergency Management ( GCFMO) obtained this grant for the better good of Guadalupe County citizens, visitors and first responders. The grant allows first responders to properly and safely respond to potential acts of terror and other threating incidents. 3. Scope: This MOU defines the scope of work and the responsibilities of the parties to the agreement: a. GCFMO and Schertz Fire Rescue will each assign a point of contact for this agreement. They will address and resolve all issues related to this agreement. b. General Duties: 1) The parties shall mutually agree to a department SOP /SOG on the information and guidance on the wearing of, cleaning, and storage of ballistic armor. 2) The parties shall mutually agree to the department training on the use of the equipment as well as biannual retraining by all members of said department. 3) The parties agree that the cost of repair or replacement for damage or use of consumables shall be covered by the department. 4) Parties agree that GCFMO reserves the right to take back possession of the equipment if at any time GCFMO deems the equipment is being misused or not properly cared for. 5) Parties agree that the department shall participate in local, regional, state and federal exercises, trainings and drills for the duration of the department's possession of the equipment. 6) The departments shall provide an inventory of the issued equipment annually along with a detailed description of use. 7) The department is responsible for replacement of all consumable items issued by GCFMO including but not limited to medical supplies used for training or real life. The equipment shall be ready for use at all times. 4. Funding: The parties to the MOU agree that the department and the County will explore general fund dollars and grant funding for repairing and replacement whichever is applicable. Liability: The parties agree that Guadalupe County is not responsible for the negligent and wrongful acts and omissions by its employees or representatives, while using or wearing the equipment, including injury and death. At any time an incident occurs involving injury or death, the parties agree to fully cooperate with an Administrative review of events leading up to the injury /death. Both parties agree to cooperate fully with one another in the event of an official investigation arising from alleged negligence or misconduct arising from acts related to injury/death. 6. Amendment, Termination, Entry into Force, and Duration: a. All activities of the parties under this MOU will be carried out in accordance with the above - referenced terms and conditions. b. Except as otherwise provided, this MOU may be amended by the mutual written consent of the parties authorized representatives. c. Either party may terminate this memorandum of understanding upon thirty (30) days written notice to the other party. 7. MOU Force and Effect: This MOU which consists of 7 sections and will enter into effect upon signature of both parties and will remain in effect for 10 years. It may be extended by mutual written consent of the parties authorized representatives. The foregoing represents the understandings reached between GCFMO and Schertz Fire Rescue upon the matters referred to herein. This agreement will become effective on _9th day of June, 2020. Date Patrick Pinder Guadalupe County Fire Marshal Date Mark Browne City Manager EXHIBIT A Dept Vest Armor Helmets IFAK Big Bas Litter Gear Ba Schertz Fire 14 28 14 14 2 2 14 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 9'' day of June 2020. CITY OF SCHERTZ, TEXAS Aw�- Mac Ral& Gutierrez, Mayor ATTEST: 4�. ti A ,�Br n a 17ennis, City Secretary