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22-R-37 - Amendment to ILA Schertz and Cibolo for EMS ServicesRESOLUTION NO. 22 -R -37 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING AN AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ AND THE CITY OF CIBOLO FOR EMS SERVICES, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz and the City of Cibolo entered into the Interlocal Agreement for Emergency Medical Services with an effective date of October 1, 2018 establishing the terms and conditions whereby the City of Schertz provided emergency medical services to the City of Cibolo in order to preserve and protect the health and safety of persons as described in the Interlocal agreement (ILA); and WHEREAS, under the terms of the ILA, the City of Schertz agreed to respond to all calls for emergency medical assistance and emergency medical transport since 2019, Schertz EMS has been housed in the City of Cibolo's Fire Station #2 in order to be able to respond to emergency medical calls; and WHEREAS, Section 6 of the ILA allows the Parties to amend the ILA as long as the Amendment is in writing and approved by the City of Schertz and the City of Cibolo; and WHEREAS, City of Schertz and the City of Cibolo are wanting to amend the ILA in order to allow Schertz EMS to move in and respond to calls from the City of Cibolo Fire Station #3 in order to preserve and protect the health and safety of persons. 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 enter into an amendment to the ILA for EMS services as outlined 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 5th day of April, 2022. ATTEST: Brenda Dennis, City Secretary (CIT CITY OF SCHERTZ, TEXAS Ral l �utie , Mayor EXHIBIT A A -1 t ® r cjs AWL �f r o trx1-g Emergency Medical Services Interlocal Agreement This Emergency Medical Services Interlocal Agreement, effective as of October 1, 2018 (this "Agreement "), is between the City of Schertz, Texas, a political subdivision of the State of Texas (the "City "), and the City of Cibolo, a political subdivision of the State of Texas (the "Contracting Jurisdiction'!). WHEREAS, the City has an emergency medical services department known as Schertz EMS (the "Department') which provides certain emergency medical services within the City and, by Interlocal agreement, within other jurisdictions; WHEREAS, the Contracting Jurisdiction desires to contract with the City for the provision of certain emergency medical services within the Contracting Jurisdiction in order to preserve and protect the health and safety of persons within the Contracting Jurisdiction; WHEREAS, the City and the Contracting Jurisdiction have determined to enter into this Agreement relating to the provision of certain emergency medical services within the Contracting Jurisdiction and to set out the terms, rights, duties, and responsibilities of the City and the Contracting Jurisdiction with respect thereto; WHEREAS, the City and the Contracting Jurisdiction have determined that the provision of certain emergency medical services is a public purpose and within their statutory powers of government; and WHEREAS, the City and the Contracting Jurisdiction are political subdivisions of the State of Texas and are authorized the execute this Agreement pursuant to Texas Government Code Chapter 791.001, as amended; NOW, THEREFORE, THE CITY AND THE CONTRACTING JURISDICTION, ACTING BY AND THROUGH THEIR DULY AUTHORIZED OFFICERS, HEREBY COVENANT AND AGREE AS FOLLOWS: Section 1. Purpose. (a) The City agrees that during the term of this Agreement the City shall respond to all calls for emergency medical assistance and emergency medical transport and advanced life support service with mobile intensive care unit capability (the "Emergency Medical Services ") within the jurisdiction of the Contracting Jurisdiction (the "Service Area "). The Contracting Jurisdiction understands and agrees that timeliness of response is dependent on the level of demand throughout the Department's response area and that calls are answered on a next- available - ambulance basis. (b)The Contracting Jurisdiction shall arrange for dispatch of requests for assistance directly to the Department by the Department's radio frequency or via telephone to the Department's primary dispatch agency (City of Schertz Police Department). Such dispatch services shall be initiated on the radio frequency specified and in a manner approved by the Department. IIPage ` OF rr x �s Emergency Medical Services Interlocal Agreement (c) The Department shall observe and comply with all applicable federal, state, county, and City laws, rules, ordinances, and regulations which in any manner affect the provision of the services described in this Agreement and shall perform such services in a professional manner in accordance with standard emergency medical services practice. (d) The City agrees to permit the Contracting Jurisdiction to review the Department's run statistics maintained in the Department's offices. Due to patient privacy considerations, reports containing specific patient information shall not be made available to the Contracting Jurisdiction without the appropriate written consent of the patient or the patient's authorized representative or without a specific court order. Section 2. Term and Renewal . This Agreement shall be for a term commencing with the effective date of this Agreement through and including September 30, 2019 (the "Initial Term "). This Agreement shall thereafter shall be automatically renewed for four (4) succeeding periods of one year (each, a "Renewal Term ") unless either party to this Agreement notifies the other party in writing that it wishes to terminate this Agreement. Such notice shall be provided at least one year prior to die desired end of this Agreement. Section 3. Consideration. (a) In consideration of the City's provision of the Emergency Medical Services during the Initial Term and each Renewal Term, the Contracting Jurisdiction agrees to pay the City $14.74 per citizen based upon the most recent population estimates agreed upon by the Contracting Jurisdiction and the City payable in four equal installments on the first day of each quarter of the Contracting Jurisdiction's fiscal year. This Initial Term payment will be $410,582.70 based upon a population of 27,855 people. (b) Prior to the beginning of each Renewal Term, the Consideration per citizen may be increased based upon the most recent 12 -month Consumer Price Index for All Urban Consumers (CPI -U) for Medical Care to a maximum of 3 %. In addition, population estimates for the Service Area shall be updated for each Renewal Term and shall be effective with the beginning of each Renewal Term. (c) Any party paying for the performance of governmental functions or services must make such payments from current revenues available to the paying party. (d) The Contracting Jurisdiction agrees that, in addition to the fee payable by the Contracting Jurisdiction to the City pursuant to Section 3(a), patients shall be billed by the City for all services rendered to them by the Department. The Contracting Jurisdiction agrees to assist the City in developing information to permit the City to collect such charges. In no event shall the City or the Contracting Jurisdiction be responsible for payment of such patient charges. Section 4. Authorization. This Agreement has been duly authorized by the governing bodies of the City and the Contracting Jurisdiction. 21 Page O Emergency Medical Services Interlocal Agreement Section S. Severability. If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, the remaining portions hereof shall continue in full force and effect. Section 6. Amendments. This Agreement represents the complete understanding of the City and the Contracting Jurisdiction with respect to the matters described herein, and this Agreement may not be amended or altered without the written consent of both parties and the consent of the City. Section 7. Governing Law. This Agreement shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank.] IN WITNESS WHEREOF, the undersigned have entered into this Emergency Medical Services Interlocal Agreement, effective as of the date first above written. CITY OF SCHERTZ, TEXAS By - - -- City Manager CITY OF CIBOLO, TEXAS By 2. - — City Manager 3 1 P a g e FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR EMERGENCY :MEDICAL SERVICES BETWEEN CITY OF SCHERTZ AND THE CITY OF CIBOLO This FIRST AMENDMENT TO INTERLOCAL AGREEMENT ( "First Amendment ") is made and entered into as of the effective date of _, 2022 ( "Effective Date ") by and between CITY OF SCHERTZ, a political subdivision of the State of Texas, as licensor hereunder (the "City "), and CITY OF CIBOLO, a political subdivision of the State of Texas, hereunder (the "Contracting Jurisdiction "). City and Contracting Jurisdiction may be singularly referred to as the "Party" and collectively as the "Parties ". RECITALS WHEREAS, City and Contracting Jurisdiction entered into the Interlocal Agreement for Emergency Medical Services with an effective date of October 1, 2018 ( "ILA ") establishing the terms and conditions whereby City provided emergency medical services to the Contracting Jurisdiction in order to preserve and protect the health and safety of persons as described in the ILA; and WHEREAS, under the terms of the ILA, the City agreed to respond to all calls for emergency medical assistance and emergency medical transport and since 2019, Schertz EMS has been housed in Contracting Jurisdiction's Fire Station #2 in order to be able to respond to emergency medical calls; and WHEREAS, Section 6 of the ILA allows the Parties to amend the ILA as long as the Amendment is in writing and approved by the City and Contracting Jurisdiction; and WHEREAS, City and Contracting Jurisdiction are wanting to amend the ILA in order to allow Schertz EMS to move in and respond to calls from Contracting Jurisdiction Fire Station #3 in order to preserve and protect the health and safety of persons; NOW, THEREFORE, for and in consideration of the mutual obligations of the Parties set forth in this First Amendment, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows: ARTICLE I RECITALS AND MODIFICATIONS TO ILA 1.1 Recitals. The recitals are hereby incorporated in the terms and provisions of this First Amendment and are fully binding on the Parties. 1.2 Modifications to ILA. Section 1 (a) of the ILA is deleted in its entirety and is replaced by the following: "Section 1. Purpose (a) The City agrees that during the term of this Agreement the City shall respond to all calls for emergency medical assistance and emergency medical transport and advance life support services with mobile intensive unit capability (the "Emergency Medical Services ") within the jurisdiction of the Contracting Jurisdiction (the "Service Area "). The Contracting Jurisdiction understands and agrees that timeliness of response is dependent on the level of demand throughout the Department's response area and that calls are answered on a next- available- ambulance basis. The City and Contracting Jurisdiction will coordinate the location of units to provide the Emergency Medical Services including but not limited to Contracting Jurisdiction Fire Stations. ARTICLE II OTHER TERMS AND CONDITIONS Except as specifically modified by this First Amendment, all other terms, conditions, and provisions of the ILA shall remain in full force and effect. EXECUTED in duplicate originals on this the day of CITY OF SCHERTZ, TEXAS , 2022. CITY OF CIBOLO, TEXAS By By- Mark Browne Wayne Reed City Manager City Manager ATTEST: ATTEST: Brenda Dennis Peggy Cimics City Secretary City Secretary RESOLUTION NO. 18 -R -59 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO INTERLOCAL AGREEMENTS WITH MULTIPLE GOVERNMENTAL ENTITIES FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City renew Interlocal Agreements with surrounding communities and emergency service districts relating to the provision of emergency medical services within those jurisdictions by the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with these surrounding communities and emergency service districts pursuant to the Interlocal Agreement 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 Acting City Manager to execute and deliver the Agreement with each contracting jurisdiction in substantially the same form set forth on Exhibit A. Future amendments to the Agreement or replacement interlocal agreements with any jurisdiction that do not change or increase the City's obligations to provide services but that solely have the effect of increasing the jurisdiction's payments to the City may be executed by the Acting City Manager without further action by the City Council. 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 22nd day of May, 2018. CITY Or SCHERTZ, TEXAS ,,-Nlayor, Michael R. Carpenter ATTEST: City secretary, Brend Dennis (CITY SEAL) 50506221.1 - 2 - EXHIBIT A INTERLOCAL AGREEMENT 50506221.1 - 3 -