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2011-R-20 Property Transfer Agreement COSA/COSRESOLUTION NO. 11-R-20 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROPERTY TRANSFER AGREEMENT WITH THE CITY OF SAN ANTONIO, AND OTHER MATTERS IN CONNECTION THEREWITH WIIEREAS, the City staff of the City of Schertz (the "City") has recommended that the City enter into a property transfer agreement with the City of San Antonio relating to responses to wildfires; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the City of San Antonio pursuant to the Property Transfer 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 City Manager to execute and deliver the Agreement with the City of San Antonio in substantially the form set forth on 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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. soar i6sv.i EXHIBIT A PROPERTY TRANSFER AGREEMENT SO~Ill659.1 A-1 PASSED AND ADOPTED, this 29`h day of March, 2011. CITY OF SC~4ERTZ, TEXAS ATTEST: ~~ r 1'(~~ ~ty Secretary (CITY SEAL) 50411659.1 PROPERTY TRANSFER AGREEMENT BETWEEN CITY OF SAN ANTONIO AND CTfY OF SCHERTZ This Agreement is entered into by and between the City of San Antonio (COSA), pursuant to City Ordinance 2011-02-03-0090 and the City of Schertz (RECIPIENT), pnr~~ant to City Resolution No. 11-R-20. WHEREAS, COSA was awarded donated funds from the United States Automobile Association (USAA) for the purpose of supporting the WIldland Regional Response Team (WRRT) in the San Antonio Urban Area (SAUA); and WHEREAS, the aforementioned Wildland Regional Response Team includes firefighters employed by the RECIPIINT; and WHEREAS, said funds were accepted by COSA in accordance with the provisions of COSA Administrative Directive 8.8; and WHEREAS, COSA has purchased equipment that is used by wildland firefghters with the donated funds that RECIPIENT is in need of in its efforts to be prepared to respond to wildfires in the SAUA; and WIiEREA~S, COSA wishes to transfer the ownership of said equipment to RECIPiEN'I' for its use for the'aforementioned purposes; NOW THEREFORE: For and in consideration of the following mutual promises and obligations, the parties hereto agree as foAows: L T12ANSFER OF OWNERSHIP 1.1 COSA hezetiy transfers ownership of the property set out in Exhibit A to RECIPIENT. 12 COSA shall make said property available to RECIPIENT, and RECIPIENT shall take delivery of said property no later than thirty days following the date of execution of this Agreement. H. 2.1 In consideration of COSA's transfer of ownership of the property set out in Exhibit A, RECIPIENT agrees to be bound by all restrictions imposed by the donor in the donation of the aforementioned funds and agrees to use said property in support of the WRRT. RECIPIENT agrees all of the aforementioned property will be used in compliance with aU local, state, and federal rules, regulations, or laws applicable hereto. III. REbIEDY FOR BREACH 3.1 In addition to any other remedy to which COSA may be entitled in the event of a breach of this Agreement by RECIPIENT, COSA shall be entitled to a transfer of ownership of the property that is the subject of this Agreement from RECA'TENT to COSA. TV. NON-WAIVER 4.1 Unless otherwise specificallyprovided for in this Agreement, a waiver by either party of a breach of any of the terms, conditions, covenants, or guazantees of this Agreement shall not be constmed or held to be a waiver of any succeeding or preoediwg breach of the same or any other term, condition, covenant, or guazantee herein contained. Further, any failure of either party to insist in any one or more cases upon the strict performance of any of the covenants of this Agreement, oz to exercise any option herein contained, shall in no event be construed as a waiver or relinquishment for the future of such covenant or option. No waiver, change, modification, or discharge by either party hereto of any provision of this Agreement shall be deemed to have been made or shall be effective, unless expressed in writing and sigaed by the party to be charged. No act oz omission by a party shall in any manner impair or prejudice any right, power, privilege, or remedy avaiL3ble to that party hezeunder or bylaw or in equity, such rights, powers, privileges, or remedies to be always specifically preserved hereby. V. CHANGES AND AMENDMENTS S.1 Except when the terms of this Agreement expressly provide otherwise, any alterations, additions, or deletions to the terms hereof shall be by amendment in writing executed by both COSA and RECIPIF.N'I'. 5.2 It is understood and agreed by the parties hereto that changes in local, state, and federal rules, regulafions, or laws app&cable hereto may occur during the term of this Agreement .and that any such changes shall be automatically incorporated into this Agreement without written amendment hereto, and shall become a part hereof as of the effective date of the rule, regulation, oz law. VI. SEVERABILITY 6.1 If any clause or provision of this Agreement is held invalid, illegal, or unenforceable under present or future federal, state, or local laws, indluding, but not limited to, the city charter, city code, or ordinances of the city of San Antonio, Texas or 1ECIPIENT, then and in that event it is the intention of the parries hereto that such invalidity, illegality, or unenforceability shall not affect any other clause or provision hereof and that the remainder of this Agreement shall be construed as if such invalid, illegal, or unenforceable clause or provision was never contained herein; it is also tke intention of the parties hereto that in lieu of each clause or provision of tins Agreement that is invalid, illegal, or unenforceable, there be added as a part of the Agreement a clause or provision as similaz in temvs to such invalid, illegal, or unenforceable clause or provision as may be possibie, legal, valid, and enforceable. VII. NOTICE 7.1 For the purposes of this Agreement, all official communications between the parties to this Agreement shall be deemed sufficient if in writing and mailed, registered or certified mail, postage prepaid, orhand-delivered to the addresses set forth below. 7.2 Notices mailed or delivered to RECIPIENT shall be addressed: David Covington, Fire Chief Schertz Fire Rescue 1400 Schertz Parkway Schertz, Texas 78154 7.3 Notices mailed or delivered to COSA shall be addressed: Office of Emergency Management San Antonio Fite Department 8130 Inner Circle San Antonio, Texas 78235 7.4 Notice of changes of address by either party must be made in writing within five business days of such change. 7.5 Notice will be deemed given on the date it is mailed or on the date it ishand-delivered VIII. F.'N'17RF, AGREEMENT 8.1 The parties hereto expressly acknowledge and agree that, with regard to the subject matter of this Agreement and the transactions contemplated herein, (1) there are no oral agreements between the parties hereto and (2) this Agreement, including the defined terms and all exhibits and addenda, if any, attached hereto, (a) embodies the final and complete agreement between the parties; (b) supersedes all prior and contempozaneous negotiations, offers, pzoposals, agreements, commitme~s, pzomises, acts, wnduct, courses of dealings, representations, statements, assurances, and understandings, whether oral or written; and (c) may not be varied or contradicted by evidence of any such prior or contemporaneous matter or by evidence of any subsequent oral agreement of the parties hereto. Dsv LAW APPLICABLE 9.1 THIS AGREEMENT SHALL BE CONSTRUED UNDER AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. 9.2 VENL7E AND JiJRISDICTION FOR ANY LEGAL ACTION OR PROCEEDING BROUGHT OR MAINTAINED, DIRECTLY OR INDIRECTLY, UNDER OR IN CONNECTION WI"["II TI-IIS AGREEMENT SHALL LIE EXCLUSIVELY IN BEXAR COUNTX,TEXAS. Exhibit A Regional Wildland Gear Order Request http://www.nationalfirefighter com/ Item Price Quantity Order # Code Total Schertz FD Fire Shelters New Generation (Blue) $310.00 8 FFG Fszao3 $2,480.00 Packs Spit fire by True North $112.95 8 (red) PAK SPITFIRE] $ 903.60 Radio Harness $39.50 2 FAP TNRCHDxx $ 158.00 Pulaski $55.00 2 NUP P-FG $ 110.00 Pelican Head Lamp $36.75 8 Esc z6zo $ 294.00 McLeod Tool [CNT MFT $80.00 1 cnt mft $ 80.00 Fire Rake [CNT FR] $45.00 2 cntfr $ 90.00 Forestguard II Forestry Hose 1" NH 100ft $135.80 4 MRH FG 2 $ 543.20 $4,658.80 A-1 ~ PARTIES FOUND 10.1 This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal zepresentatives, successors, and assigns, except as otherwise expressly provided for herein. XI. CAPTIONS 1 Ll The captions contained in this Agreement aze for convenience of reference only and in no way limit or enlazge the terms and/or condiflons of this Agreement EYECUTED IN DUPLICATE ORIGINALS on ~ 2 ' ~ CTTY OF SAN ANTONIO ~-..t~ City Mara per CTTY OF SCHERTZ City Manager APPROVED AS TO FORM: ~~~ ~-~ ~ cri+ City Attorney 4 X, PARTIES BOUND 10.1 This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective heirs, executors, adwinislrators, legal representatives, successors, and assigns, except as otherwise expressly provided for herein. X[. CAPTIONS 11.1 The captions contained in this Agreement aze for convenience ofreference only and in no way limit or enlazge the temps and/or wnditions of this Agreement. EXECUTED IN DUPLICATE ORIGINALS on J - Z ` ~ CITY OF SAN ANTONIO City Manag APPROVED AS TO FORM: r City Attorney CITY OF SCHERTZ City Manager 4 CHW 02103/11 H 17A AN ORDINANCE 2 0 11 - O 2- O 3- O O B (~ AUTHORIZING A PROPERTY TRANSFER AGREEMENT WITH ANY LOCAL NRISDICTION OR AGENCY LOCATED IN THE SAN ANTONIO URBAN AREA (SAUA) NECESSARY TO PREPARE FOR, PROTECT FROM, RESPOND TO, AND RECOVER FROM A TERRORIST ATTACK OR CATASTROPHIC EVENT. >t*x~x*~~>t*~~ WHEREAS, the San Antonio Office of Emergency Management seeks the authority to transfer property, of a value of $50,000.00 or less, purchased with Homeland Security grant funds, the acceptance of which was authorized by the San Antonio City Council, to any local jurisdiction or agency located in the San Antonio Urban Area necessary to prepare for, protect from, respond to, and recover from a terrorist attack or catastrophic event; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANTONIO: SECTION 1. The City Manager and her designated representative are hereby authorized to transfer property, of a value of $50,000.00 or less, purchased with Homeland Security grant funds, the acceptance of which was authorized by the San Antonio City Council, to any local jurisdiction or agency located in the San Antonio Urban Area necessary to prepare for, protect from, respond to, and recover from a terrorist attack or catastrophic event. SECTION 2. The City Manager and her designated representative shall, in connection with any such transfer, execute a property transfer agreement that contains substantially the same terms and conditions as those set out in the agreement attached hereto as Exhibit I. Additionally, the City Manager and her designated representative aze hereby authorized to execute any and all necessary documents to effectuate said transfer. SECTION 3. The transfer of any property shall be coordinated through the San Antonio Finance Department to ensure the removal of these assets from the City's financial records and to record the proper accounting transactions. SECTION 4. The financial allocations in this ordinance are subject to approval by the Chief Financial Officer (CFO), City of San Antonio. The CFO may, subject to concurrence by the City Manager or the City Manager's designee, correct allocations to specific cost centers, WBS elements, internal orders, general ledger accounts, and fund numbers, as necessary to carry out the purpose of this ordinance. CH W 02!03!17 k 17A SECTION 5. This ordinance shall take effect immediately upon passage, provided that it is passed by eight or more affirmative votes; otherwise, this ordinance shall take effect ten days from the date of passage. PASSED AND APPROVED this 3rd day of February, 2011. ATTEST: ~ 1 -~ ~ h~etic' M. acek, City Clerk A Y O R JULIAN CASTRO APPROVED AS TO FORM: ti~t,~~i~~i'l~-, Michael D. Bernard, ity __~o_ ___~ __ _'~ RequeStfor CltyOf ,~~ ~~~. Agenda Voting Results -17A Name: 6, 7, 8, 9, 12, 13, 15A, 15B, 15C, 15D, 15E, 15F, 17A, 17B, 17C, 19, 20A,20B,20C,20D Date: 02/03/20] 1 Time: 10:34:53 AM Vote Type: Motion to Approve Description: An Ordinance authorizing a property transfer agreement with any local jurisdiction or agency located in the San Antonio Urban Area (SAUA) necessary to prepaze, protect, respond and recover from a terrorist attack or catastrophic event. Result: Passed Voter Group Present Yea Nay Abstain Motion Second Julian Castro Mayor x Mary Alice P. Cisneros District 1 x x Ivy R. Taylor District 2 x Jennifer V. Ramos District 3 x Philip A. Cortez District 4 x David Medina Jr. District 5 x Ray Lopez District 6 x Justin Rodriguez District 7 x W. Reed Williams District 8 x Elisa Chan District 9 x John G. Clamp District 10 x x http://cosaweb/agendabuilder/votingresults.aspx?ItemId=1934&Src=RFCASUB 2/8/2011 ((W ~]~ t Barbara i3. Gentrp }`,~,v ' $¢niorVicePreaident ~~~F.rar:~_ O~ceafGGommunityAffdirs September'18, 2009 Eric tNalsh ~ssistan#-~itjr Manager City of San ,9ri#onio 1QD Military Playa Sari: Antonio; TX 78205 bear Mr,llValsh: Oh behalf of Joe t2obles, it is my pleasure to forward this check in. the. amount of $.#0,000 ta'. supl~Crt the LViidland Regional Response Team= The USAA Corporaie philanthropy prCgram exists. in order to improve the quality of life in our eommun'~fy. You may list USi4A as a contributor provided there is no indication of aJmoun#. We ask thaf you no# include our name on any Web site wi#hout Cur priCr Written approval. Please acknowledge the portion of Phis amoun# that qualifies as a contribution with a letter or receipt that. can be maintained in our #Iles as r~uireti by the Intema(Rev~nue SeiVlce. USAA s#rives tQ respond favorably to as many requests: for contr',tiution as possible.. each request fs irefully reviewed and if a eohtrlbution is made by USAA,, it is on a one time;. non-recurring bests, unless o#herwtse specified: Our best wishes are extended for the eontinu2d sµceess of your organization. Stneerefjl, //~~ ~1.~.fd~.e- IV, Enclosure 9600 Fredericksburg Road San Antonio, Texas 7$288 210 49B 1225 Fez: 210 ~8 8216 City of San Antonio Finance Department Donation and Conribution Form ® Cash Contribution ^Cash Donation ^ Non-Cash Contribution ^Non-Cash Donation Donor Contact Person __ Title Phone #: USAA Joe Robles (210)-498-1225 1) Will the acceptance of this donation/contribution require the execution of a contract or is conditioned upon the satisdfaction of a contractual obligation by the City? ^ Yes ~ No 2) Is this a donation of real property? ^ Yes ~ No (If the answer to either question is "YES" then this item must be accepted by City Council). Description: (Contributions are for a specific purpose). Donation of ~ 1 Q,000 to support fhe Wildland Regional Response Team k`iseal Impact; (Please indicate the appropriate revenue deposit and how the-funds are to be appropriated in either an operating or grant fund). Revenue De osit: Date Fund 7ntemalOrder CostElement SAPDocument# Amount -O ~ 29603027 220000000048- 4502220 90307364 $10,000.00 Asset is greater than $5,000, coordinate with Finance Department's Asset Management Date Person Res onsible: Fund I Gost Code ~ AssetID# R uestorName: Titie Janie Flores Fiscal Officer De artmentName Phone# Fire ?07-7959 dtaet Person: Name Title Phone # Claude Overman Fiscal Plannin Mana er 207-7960 Co Finance A.D.8.8 Attachment A As of March 2007 usAa Community Affairs D-3-E 9800 Fredericksburg Road San Antonio; TX 78288 ~2~ of 49s-~ z2~ Fax: (21 Q~ 498-83'16 Urga~ization€ Eric iltalsh Assistant City Manager City of San Ant6njo 1Q0 Military Plaza. San Antonio, T?C 782+):5 This is to acknowledge receiptof ~ contribution on September'16; 200.9, irr the: ano~[if of $70;000 of which $0 is not-tax deducfit)le. Signature A3s-~ az....~ C: ~, Titlpe~ ['~~~b~ Date Please deposit checkvrithin fen. days of receipt. Please fax or mail this acknowledgemen# to tire- address above within fen days of receipt. of contribution. OO.-i =1 r?f ~i~m Q. .. ~.:. m ~.c~.~ zm m F ~ e y~ a na m ~ O ' N N hj.n •- n Y'F.10 H H i p r 1-+ C9 K' 'N ; z~roo _~ ~ ~ 'Z•~~C to A 0.4A-~ ~y ~ y .,. y ...H.~ ,~ _ a ° zzo ° ~ me .- z Nm _G.~:H a p r ~ ~ ~ . oHCO o -~ S o ~ ~:y vi y m. d 1--1 ~, rh r ~: ,~ r ~ K ~ > _ m> cn. C •a t. 2 n RJ ~: r ~a -~ o ~ z o v T' ~ 10 ~. N C Q~ r - F ~ ~ N O °i a ~.- . E m b (' J f ~n /-3 W :... - Q -: , n om ~ ~' ,`o~ ro'~~ ''N oa ~ ~ `~ ~ r~ j o: tw . -r N:.' '. I. • erunrorm.: CITY OI+SCAL+RTZ CON'I`[tACT APPROVAL IrOItM A. To bo completed by Department Aenti Coutrnct with; Cily of San Atltonb Cmrlrnct nmounl: $ n/a Contract For; Property Transfer from COSA to COS Conlrnct purpose nud nmounl hr the budget: ~ yes ~ uo -budget nmendmont req'd no -exempt becnuso no expense Involvod. bonds nvnllnble to pny Conlrnct: ~ yes Fund/Account to bo chnrgerl: _ Coutrnct requved to bo bld: 0 yes ©uo Dldding completed: CI ycs r~J7 NA (If bidding Is not required) Dldding exampllon (If blddhtg Is not t Conlrnct npproycd by City Councll: [Q Dntc of City Councll approval: If not npprovcd by Clty Connoll, ruby not: ©NA (ifnpprovnl is uol req'd) No blanks a• ntlssbtg oxhibits In conlrnef: ®yes Terms of contract revlewed and npproved by Dcpatiment Head: ~I yes Conlrnct tcrmhtallon dnto: 110nB Contract renewal dalo• none Conlrnct revlewed Ntd npproved by City Altomey: Coutrnct revlewed nud npprovcd by Chy Dugluear: Slgunlora by Cily Mnnngcrreconnnonde ® l Department Head's slgnnhue: _ .~ yes (] not requested ~ yes ~ not regne~ted D NA D. To bo cawploted byArrclmshtg mtd Asset Mnungmnout Dh•ector/ ,~,/ Coutrnct roviewed and npprovcd far huurnuce, tvnrrnnty, nud b:deuwlly requirements: IJ yes Conlrnct properly bld b: nccorclmrco with CIIyPurchnsh:gPollcy ©yes ~ NA Sig:mlure ky Clly Mmmger recouuneuded; (~YCS ~ 9 Ptvchnsh:g nud Asset Management Director's signahtro: ~~~ /a~'~,[/~.pA~ _,_ C, To be cmuplefed by Asslslnut Clty Mnunger Conlrnct rovletvcd and npproved: yes Contractpurpose ahdnmounl In the budget: ~ yes ~ no-budget nmeudwouf req' ~ exaupl bocnnso r r C N . Funds nvnllnble to pny Coutrnct: ~ yes Fund/Account lob cl~ ge SlgnahuebyCityMnnngerrecouunended: [~YLrS Asslsinul City Mm:ager's sigrohue: D, To bo complotcd by Asslslnut to Wo ly Mmtngor Approval Form congrlclcd; yes Dndgct nmcndutcnt required: ~ ycs ©no SlgnnhuebyCityMnnagerrccouunendcd; 1=1 YIl'S Asslslnut to Il:o Clly Matngcr's slgnaluro: S. CltySccrottny Dato fldly-oxccutcd wulracl recoived by Clry Secretary; u Fllerl ns: - ___,_ Dato filed tobnserfisch: ~,_ 30995618.2 yes ~ uo