2010R51 - Property Transfer from San Antonio to Schertz Fire DepartmentRESOLUTION NO. 10-R-51
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
WHEREAS, the City Council has determined that it is in the best interest of the City of
Schertz to enter into a Property Transfer Agreement with the City of San Antonio for the transfer
of certain search and rescue equipment to the City of Schertz.
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 Property Transfer Agreement in substantially the form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be hve,
and such recitals are hereby made a pact 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 Govermnent Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
Resolulimi 10-R-5 Ldoc
PASSED AND ADOPTED, this 17°i day of August, 2010.
CITY OFERTZ, TEXAS
~~
Mayor
ATTEST:
~ 1~ _~~
ity Secretary
(CITY SEAL)
Resolution 10-R-Sl.doc
EXHIBIT A
PROPERTY TRANSFER AGREEMENT
Resolution 10-RSl.doc A-I
PROPERTY TRANSFER AGREED4ENT
BETWEEN
CITY OF SAN ANTONIO
AND
CITY OF SCHERTZ
This Agreement is entered into by and between the City of San Antonio (SA), pursuant to
Ordinance 2010-nt-v3-719 ,and the City of Schertz (SCHERTZ), pursuant to Resolution
No. 10-R-51.
WHEREAS, SA was, in connection with the Homeland Security Grant Program, awarded grant
funds from the 2007 Urban Area Security Initiatives Grant Program (UASI) by the Governor's
Office of Emergency Management for the purpose of preventing, responding to, and recovering
from natural disasters and acts of terror in SA and iu a region composed of
counties; and
WHEREAS, the aforementioned region includes SCHERTZ; and
WHEREAS, the award of said funds was approved by the Sau Antonio City Council by way of
Ordinance 2007-04-10-0295; and
WHEREAS, SA has purchased certain search and rescue equipment with the UASI funds
SCHERTZ is in need of in its efforts to be prepared to respond to natural disasters and acts of
terror; and
WHEREAS, SA wishes to transfer the ownership of said equipment to SCHERTZ 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 follows:
I. TRANSFER OF OWNERSHIP
1.1 SA hereby transfers ownership of the property set out in Exhibit A to SCHERTZ.
1.2 SA shall make said property available to SCHERTZ and SCHERTZ shall take delivery of
said property no later than thirty days following the date of execution of this Agreement.
IL CONSIDERATION
2.1 In consideration of SA's transfer of ownership of the property set out in Exhibit A,
SCHERTZ agrees to be bound by all the contract covenants and exhibits to the sub-
recipient agreement, and any modifications or amendments to that agreement, entered
into by SA in connection with SA's acceptance of the 2007 UASI grant funds awarded to
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SA. SCHERTZ agrees all of the aforementioned property will be used in compliance
with state and federal laws and all applicable standards, including, but not limited to,
NFPA 1006 (Standard for Technical Rescuer Professional Qualifications), NFPA 1670
(Standard on Operations and Training for Teclmical Search and Rescue Incidents), and
OSHA 1910.146 (Confined Space Rescue).
III. REMEDY FOR BREACH
3.1 In addition to any other remedy to which SA may be entitled in the event of a breach of
this Agreement by SCHERTZ, SA shall be entitled to a transfer of ownership of the
property that is the subject of this Agreement from SCHERTZ to SA.
IV. NON-WAIVER
4.] Unless otherwise specifically provided for in this Agreement, a waiver by either party of a
breach of any of the terms, conditions, covenants, or guarantees of this contract shall not
be construed or held to be a waiver of any succeeding or preceding breach of the same or
any other term, condition, covenant, or guarantee 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, or 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 signed by the party to be charged. No act or omission by a party shall in any
manner impair or prejudice any right, power, privilege, or remedy available to that party
hereunder or by law or in equity, such rights, powers, privileges, or remedies to be
always specifically preserved hereby.
V. CHANGES AND AMENDMENTS
5.1 Except when the teens of this Agreement expressly provide otherwise, any alterations,
additions, or deletions to the terms hereof shall be by amendment in writing executed by
both SA and SCHERTZ.
5.2 It is understood and agreed by the parties hereto that changes in local, state, and federal
r~rles, regulations, or laws applicable 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, or law.
VI. SEVERABILITY
6.1 If any clause or provision of this contract is held invalid, illegal, or unenforceable under
present or future federal, state, or local laws, including, but not limited to, the city
charter, city code, or ordinances of the city of San Antonio, Texas, then and in that event
it is the intention of the parties hereto that such invalidity, illegality, or unenforceability
shall not affect any other clause or provision hereof and that the remainder of this
contract shall be construed as if such invalid, illegal, or unenforceable clause or provision
was never contained herein; it is also the intention of the parties hereto that in lieu of each
clause or provision of this contract that is invalid, illegal, or unenforceable, there be
added as a part of the contract a clause or provision as similar in terms to such invalid,
illegal, or wienforceable clause or provision as may be possible, 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, or hand-delivered to the addresses set forth below.
7.2 Notices mailed or delivered to SCHERTZ shall be addressed:
City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
Attention: City Manager
7.3 Notices mailed or delivered to SA shall be addressed:
City of San Antonio
San Antonio Fire Department
115 Auditor7wn Circle
San Antonio, Texas 78205-1183
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 is baud-delivered.
VIII. ENTIRE 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
teens and all exhibits and addenda, if any, attached hereto, (a) embodies the final and
complete agreement between the parties; (b) supersedes all prior and contemporaneous
negotiations, offers, proposals, agreements, commitments, promises, acts, conduct,
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.
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IX. LAW APPLICABLE
9.1 THIS AGREEMENT SHALL BE CONSTRUED UNDER AND IN ACCORDANCE
WITH THE LAWS OF THE STATE OF TEXAS.
9.2 VENUE AND JURISDICTION FOR ANY LEGAL ACTION OR PROCEEDING
BROUGHT OR MAINTAINED, DIRECTLY OR INDIRECTLY, UNDER OR IN
CONNECTION WITH THIS AGREEMENT SHALL LIE EXCLUSIVELY IN BEXAR
COUNTY, TEXAS.
X. PARTIES BOUND
10.1 Tlus Agreement shall be binding on and inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, legal representatives, successors, and assigns,
except as otherwise expressly provided for herein.
XI. CAPTIONS
11.1 The captions contained in this Agreement are for convenience of reference only and in no
way limit or enlarge the terms and/or conditions of this Agreement.
EXECUTED IN DUPLICATE ORIGINALS on ~ ,'~~ ~ , 2010.
CITY OF SAN ANTONIO
~i~"~/
heryl L. Scu ley
eicy Manager
Q
CITY OF SCHERTZ
Don Taylor
City Manager
APPROVED AS TO FORM:
--h~ZMichael Bernard
GG City Attorney
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