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21-R-43 - ILA for Fire Protection services within Bexar CountyRESOLUTION NO. 21 -R -43 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES WITH BEXAR COUNTY, 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 area designated in Exhibit A; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS 1N-:/ -1 Section 1. The City Council hereby authorizes the City Manager to enter into the Interlocal Agreement to provide fire protection 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 I Ph day of May, 2021. CITY OF SCHERTZ, TEXAS O'ROO Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary 88/81#41 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; 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 "); 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 ofthe 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 will 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. (f) VOLUNTEER FIREFIGHTER - a person, at least eighteen years of age, who meets the equivalency of Basic Certification K 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 maj or 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 TRRM 3.01 The term of this Agreement is for one year beginning January 1, 2021, and ending December 31, 2021. This Agreement will automatically renew for two additional one -year terms unless either party provides a sixty day written notice of cancellation. 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. COUNTY has the right to terminate this Agreement immediately in the event COUNTY's funds for this Agreement become unavailable due to non - appropriation. ARTICLE IV OBLIGATIONS OF CITY 3 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 will have priority. Nevertheless, CITY will use its best efforts to respond or to request assistance in responding to the alarm in the designated area. 4.03 CITY will 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 will meet the equivalency of the certification requirements herein stated within three years of joining CITY as a firefighter. Failure to meet these standards is a material breach of this Agreement and will entitle COUNTY to terminate this Agreement immediately upon written notice to CITY. 4.04 CITY will 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 4 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 will 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 will 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 will 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. 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; (b) Maintenance and operation of firefighting equipment; and (c) Rental, construction, or purchase of firefighting facilities or buildings. 5 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. 5.03 The payment of money by COUNTY under any provision hereof is contingent upon the availability of funds appropriated by the Commissioners Court of COUNTY to cover the provisions hereof. Neither COUNTY nor its elected officials, officers, employees, agents, attorneys, or other individuals acting on behalf of COUNTY, make any representations or warranty as to whether any appropriation will, from time to time during the term of this Agreement, be made by COUNTY. In the event COUNTY's funds for this Agreement become unavailable due to non- appropriation, COUNTY will have the right to terminate this Agreement without penalty. 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 will be final. 6.02 The County Fire Marshal, or the County Fire Marshal's designee, will perform as the incident commander in a major event in the unincorporated areas. ARTICLE VII E( ; UIPMENT 7.01 CITY will 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. G 7.03 COUNTY will 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 will 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 Pursuant to Texas Local Government Code 352.004, CITY is not liable for the act of its employee in fighting fires outside the City of Schertz under this Agreement. ARTICLE IX INSURANCE AND INDEMNITY 9.01 Both COUNTY and CITY are subject to and comply with the applicable provisions of the Texas Tort Claims Act, as set out in the Civil Practice and Remedies Code, Section 101.001, et. seq., and the remedies authorized therein regarding claims or causes of action that may be asserted by third parties for accident, injury or death. Both parties maintain adequate insurance to respond to any claims by third- parties or by their respective employees for personal injuries or property damage. Both parties hereby waive pursuant to this agreement any subrogation rights it may have or acquire as against each other arising in the course of or during the term of this agreement. 9.02 COUNTY and CITY acknowledge they are subject to and comply with the applicable provisions of the Texas Tort Claims Act, as set out in the Civil Practice and Remedies Code, Section 101.001, et. seq., and the remedies authorized therein regarding claims or causes of action that may be asserted by third parties for accident, injury or death. Neither party assumes any indemnification obligation under this agreement. ARTICLE X FORCE MAJEURE 10.01 Neither COUNTY nor CITY will 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 will 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. 7 ARTICLE XI REPORTS 11.01 CITY will maintain accurate run reports of each incident to which it responds. Reports will 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 will 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. ARTICLE XIII EQUAL EMPLOYMENT OPPORTUNITY AND CIVIL RIGHTS 13.01 No person will 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 will 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 will 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 E? 9810 Southton Rd. San Antonio, Texas 78223 -4829 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 will 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 will constitute a material breach of this Agreement, and will entitle COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to CITY. ARTICLE XVIII PARTIES BOUND 18.01 This Agreement will 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 will 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 any one or more of the provisions contained in this Agreement will for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision hereof, and this Agreement will 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 2021. COUNTY OF BEXAR BY: NELSON W. WOLFF County Judge APPROVED AS TO LEGAL FORM: BY: SUE JANA Assistant Criminal District Attorney Civil Division 10 CITY OF SCHERTZ BY. RALPH GUTIERREZ Mayor Date: ATTEST: BY: BRENDA DENNIS City Secretary APPROVED AS TO FINANCIAL CONTENT: BY: LEO S. CALDERA, CIA, CGAP County Auditor BY: DAVID SMITH County Manager DEPARTMENTAL APPROVAL: BY:, HRiS LOPE Fire Marshal 11 Im KADE LONG Fire Chief m QL EXHIBIT A Designated Service Area t EXHIBIT A Designated Service Area I \ e Eo 1 O