23-R-131 Interlocal Agreement Fire Protection Services with Guadalupe CountyRESOLUTION NO.23-R-131
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT FOR FIRE
PROTECTION SERVICES WITH GUADALUPE COUNTY IN
CONNECTION THEREWITH
WHEREAS, 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; and
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" and mutual aid to the areas identified in
Exhibit " B " attached hereto and incorporated herein, hereinafter called the
"designated area";
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 renew
the contract presented as the Attachment with Guadalupe County for
fire protection services to the designated area as outlined in Exhibit A and Exhibit B.
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inconsistent with any provision of this Resolution are hereby repealed to the extent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 ofAmerica.
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 shalnevertheless 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.
Section 8. The ordinance shall be effective upon the date of the final adoption
hereof and any publication required by law.
Section 9. The ordinance shall be cumulative of all other ordinances of the
City of Schertz, and this Ordinance shall not operate to repeal or affect any other
ordinances of the City of Schertz except insofar as the provisions thereof might be
inconsistent or in conflict with the provisions of this Ordinance, in which the event
such conflicting provisions, if any, are hereby repealed.
PASSED AND ADOPTED, this day ofN-01-6023.
AT/T
Sheila Edmondson, City Secretary
ATTACHMENT
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.
This Agreement shall be for a term commencing with the effective date of October 1, 2023, through
and including September 30, 2026 (the "Term").
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 sum of $40,000 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 $3,333.33, 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.
Prior to the beginning of each year, the County agrees to increase the fee based on the
percentage increase for the previous twelve (12) month period in the "Medical Care" component
of the Consumer Price Index (CPI), not to exceed ten (10%) percent of the annual fee for the
previous year.
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.
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, 200 S. Main Street, Schertz, and Texas.78108. 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.
X.
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 2023.
COUNTY OF GUADALUPE CITY OF SCHERTZ
Attest:
Kyle Kutcher
County Judge
Guadalupe County
Teresa Kiel
County Clerk
Steve Williams
City Manager
City of Schertz
Sheila Edmondson
City Secretary
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