22-R-108 - ILA Fire Protection Between Schertz & Guadalupe CountyRESOLUTION NO. 22 -R -108
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
BETWEEN GUADALUPE COUNTY AND THE CITY OF SCHERTZ 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 and rescue services; and
WHEREAS, the County of Guadalupe has need of fire services . in unincorporated
Guadalupe 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 areas designated in the Agreement ; 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 Guadalupe 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provision of this Resolution are hereby repealed to the extent of such conflict, and the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 27t' day of September 2022.
CITY OF SCHERTZ, TEXAS
Ral&tfuticaez, Mayor
ATTEST:
Arenda Dennis, City Secretary
STATE OF TEXAS §
COUNTY OF GUADALUPE §
INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES
BETWEEN GUADALUPE COUNTY AND THE CITY OF SCHERTZ
This agreement is entered into by and between the County of Guadalupe (the "County "),
a political subdivision of the State of Texas, and the City of Schertz (the "City "), a municipal
corporation situated in Guadalupe County, Texas. Authority is granted pursuant to Chapter 352
of the Texas Local Government Code.
WHEREAS, County desires to provide fire protection services to citizens of the County residing
outside the city limits of the City of Schertz, in an area more particularly described in Exhibit
"A" attached hereto and incorporated herein, hereinafter called the "designated area "; and
WHEREAS, County desires to provide backup fire protection services to the Volunteer Fire
Departments serving the unincorporated areas described in the above Exhibit `B;" and
WHEREAS, the City of Schertz currently provide fire protection services to their residents with
full -time professional personnel on a twenty -four hour, seven days a week basis, and are willing
to provide such services to certain areas of the County, according to the terms and conditions
hereinafter stated;
NOW, THEREFORE, in consideration of the mutual covenants and agreement stated herein, the
parties agree as follows:
The purpose of this agreement is to allow City to provide fire protection services to the
designated areas as described in Exhibits "A, ". Additionally, the cities will provide mutual aid
backup fire protection services as needed to mutual aid designated areas of Guadalupe County as
described in Exhibit `B"
II.
The term of this agreement shall be one year beginning October 1, 2022, and ending September
30, 2023.
III.
City agrees to provide fire protection services to the designated areas including extrication and
other rescue services to support the EMS contract. Said services shall be provided from existing
fire station locations within the City of Schertz. In the event of an emergency, the Schertz Fire
Department will call upon its mutual aid agreements to provide next available units.
IV.
Guadalupe County agrees to pay an annual sun of $37,000 to the City of Schertz for services
rendered under this agreement. The County agrees that the sum is to be paid to the City in
monthly payments of $3,083.33, paid no later than the first day of the month for services in the
preceding month. Volunteer firefighters will be required to submit to post- accident drug and
alcohol testing. Also, the County may provide heavy equipment and operators when requested, if
available, to assist the Fire Department in controlling an emergency situation. The County will
assume the cost of this assistance.
V.
The parties agree that all equipment and personnel of the City of Schertz used in the provision of
services hereunder shall be and remain the sole management and budgetary authority of the City
Manager. The expenses of repairing or replacing equipment or vehicles which may be damaged
or destroyed while responding to an emergency shall be the expense of the providing department
unless caused by the negligent act of the requesting party or any other responding party.
VI.
No amendment, modification, or alteration shall be binding unless the same be in writing dated
subsequent to the date hereof and duly executed by the parties hereto.
VII.
Notice to the County shall be delivered to the County Judge, Guadalupe County, and 101 E.
Court St Ste 300, Seguin, Texas 78155. Notice to the City shall be delivered to the City
Manager, City of Schertz, 1400 Schertz Pkwy, Schertz, and Texas 78154. This agreement shall
be binding upon and inure to the benefits of the parties hereto and their respective legal
representatives, successors and assigns where permitted by the agreement.
VIII.
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, illegality or
unenforceability shall not affect any other provision thereof and this agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
IX.
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 subject
matter. This agreement shall also supersede the existing agreement between Guadalupe County
and the City of Schertz Fire Department, which is hereby terminated.
4
To the fullest extent permitted by law, the City shall and does hereby agree to indemnify, protect,
defend and hold harmless the County of Guadalupe, its officers, against and employees, for, from
and against all claims, demands, liabilities, damagers, costs, suits, losses, liens, expenses, causes
of action, judgments, and fees (including court costs, attorney's fees, and costs of investigation),
of any nature, kind or description by, though, or any person or entity whomsoever arising out of,
or alleged to have arisen out of (in whole or in part) the work to be performed, or in any way
whatsoever in connection therewith.
XI.
Either of the parties shall have the right to terminate this agreement with a ninety (90) day
written notice.
This Agreement is executed this the _ day of 2022.
COUNTY OF GUADALUPE CITY OF SCHERTZ
Attest:
Kyle Kutcher
County Judge
Guadalupe County
Teresa Kiel
County Clerk
Lo
Dr. Mark Browne
City Manager
City of Schertz
Brenda Dennis
City Secretary
Legend Exhibit A
City of Schertz
UGC Schertz Fire
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