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HomeMy WebLinkAboutBPW-10-04-00-01 Prop Trnsf VFD APPROVED, AS TO A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFET C F CARMEL, INDIANA, REGARDING TRANSFER OF PROPERTY TO VOLUNTEER FIRE DEPARTMENT WHEREAS, I.C. 5-22-22-10 and I.C. 5,22-22-12 provide a procedure for the transfer of emergency service vehicles and other fire fighting equipment between governmental bodies in the State of Indiana; and, WHEREAS, the Carmel Fire Department has identified the EMS vehicle described in attached Exhibit A as being appropriate for transfer to the Arcadia Volunteer Fire Department; and WHEREAS, the City of Carmel, by and through its Board of Public Works and Safety, desire to effect such transfer pursuant to the provisions of I.C. 5-22-22-10 and I.C. 22-22-12. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety, that the EMS vehicle described in attached Exhibit A be, and it hereby is, transferred to the Arcadia Volunteer Fire Department pursuant to the terms and conditions of the Property Transfer and Indemnification Agreement attached hereto as Exhibit A. BE IT FURTHER RESOLVED THAT, such transfer shall be contingent upon the proper execution by the Arcadia Volunteer Fire Department of the Property Transfer and Indemnification Agreement attached hereto as Exhibit A and the adoption of a substantially identical resolution by the proper officers of the Town of Arcadia. Approved and Adopted this z?Z day of d~7~,?/2~- , 2000. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety Z~me?'s Brainard Pr siding Officer Date: ATTEST: ~ate: EXHIBIT A PROPERTY TRANSFER AND INDEMNIFICATION AGREEMENT BETWEEN THE CITY OF CARAMEL FIRE DEPARTMENT AND THE ARCADIA VOLUNTEER FIRE DEPARTMENT WHEREAS, it is the desire of the Carmel Fire Department to dispose of a certain used EMS vehicle that has been replaced by newer equipment; and WHEREAS, it is the desire of the Carreel Fire Department to dispose of such EMS vehicle, described in attached Exhibit A, incorporated herein by this reference (the "EMS Vehicle"), in a manner that may benefit the Arcadia Volunteer Fire Department ("Arcadia VFD") in providing emergency services; and WHEREAS, the Arcadia VFD is a "volunteer fire department" as that term is set forth in IC 36-8-12-2, is located in Hamilton County, Indiana, and has requested and agrees to the transfer of the EMS Vehicle to assist it in providing emergency services pursuant to the terms and conditions of this agreement (the "Agreement"); and WHEREAS, the IC 5-22-22-12 permits the property transfer by gift contemplated herein. IT IS THEREFORE AGREED THAT: 1. The above recitals are fully incorporated herein by this reference. 2. The Cannel Fire Department will donate and transfer title to the EMS Vehicle to the Arcadia VFD in the state and condition that it presently exists ("AS IS"), without any express or implied warranty as to such equipment's condition or fitness for any intended use or purpose whatsoever. 3. The Arcadia VFD shall accept said EMS Vehicle in the state and condition that it presently exists CAS IS"), without any express or implied warranty as to such equipment's condition or fitness for any intended use whatsoever. 4. The Arcadia VFD agrees to hold the City of Carreel, the Fire Department, Clay Township, and their respective officers, officials, employees, attorneys, agents and other persons, successors and assigns harmless and shall indemnify same for any and all liability that may arise from the use of the EMS Vehicle. 5. The Arcadia VFD agrees to be fully responsible for insurance, maintenance, taxes, fees, claims and all other responsibilities and duties of ownership pertaining to the EMS Vehicle that arise or are incurred on and after the effective date of this Agreement, and to indemnify and hold harmless the City of Carreel, the Carreel Fire Department, Clay Township, and their respective officers, officials, employees, attorneys, agents and other persons, successors and assigns that may arise regarding the EMS Vehicle on or after the Agreement's effective date. 6. The undersigned are the fight and proper parties to enter into this Agreement and have the authority to bind the parties to this Agreement. 7. This Agreement shall become effective and binding on the parties as of the last date on which a party hereto executes same. SO AGREED. CITY OF CARMEL FIRE DEPARTMENT By and through its Board of r'; JZ f gOfficer ~a~d'~Burke, Merliber~dd~'' DMate: / , · ~/~ B~alker, Member Date: ARCADIA VOLUNTEER FIRE DEPARTMENT, by and through (Authorized Signature ) (Printed Name and Title) Date: ATTEST: i2a L. Cordray,~;F~ ~Date: This instrument prepared by Douglas C. Haney, Camel City Attorney, One Civic Square, Carmel, 1N 46032. EXHIBIT A Equipment Description One (I) 1993 Chevrolet Astro Van (VIN #1 GNDM19Z2PB1479080), for use as an EMS vehicle.