HomeMy WebLinkAboutResolution BPW 10-18-23-01/Transfer of Surplus Property to Westfield High School 1
RESOLUTION NO. BPW 10-18-23-01
A RESOLUTION OF THE CITY OF CARMEL, INDIANA BOARD OF PUBLIC WORKS AND
SAFETY APPROVING THE TRANSFER OF SURPLUS PROPERTY TO WESTFIELD HIGH
SCHOOL
WHEREAS, Westfield High School (“WHS”), which is a part of the Westfield-Washington School
Corporation, offers a Firefighter class to students as part of its vocational education program; and
WHEREAS, WHS is seeking surplus gear and equipment from local agencies for its students to use; and
WHEREAS, the City of Carmel, Indiana (“City”) desires to assist WHS’s firefighting class by
transferring 75 sets of surplus, obsolete turnout gear (the “Property”) to WHS; and
WHEREAS, although the Property is no longer viable for use in structural firefighting, it can be used by
WHS to train their students as firefighters; and
WHEREAS, WHS shall, by and through its duly authorized representative, enter into that certain
"Acknowledgment of Transfer; Release of Liability Form", which is attached hereto and incorporated herein by
this reference as Exhibit A, and return a fully executed copy of the same to the City prior to taking physical
possession of the Property; and,
WHEREAS, the City will transfer, and WHS shall accept the transfer of the Property in an “as is”
condition, with no guarantees or warranties as to the fitness of same for any particular purpose or use, or otherwise,
and WHS shall, upon its receipt of the Property, thereafter be solely responsible and liable for the operation and
maintenance of same; and
WHEREAS, the City agrees to transfer the Property to WHS subject to the terms and conditions of this
Resolution.
IT IS THEREFORE RESOLVED THAT:
1. The foregoing Recitals are fully incorporated herein by this reference.
2. The transfer of the Property by the City to WHS is hereby approved pursuant to and in accordance
with the terms of this Resolution.
3. WHS shall hold harmless the City of Carmel, Indiana, and its respective officers, officials, employees,
attorneys, agents, successors and assigns, and shall indemnify the same for any and all liability that
may arise from or as a result of the Property or any use thereof on and after the date on which this
Resolution is executed.
DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67
2
SO RESOLVED.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Mayor
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
DocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67
Not Present
N/A
10/18/2023
10/18/2023
ACKNOWLEDGMENT OF TRANSFER; RELEASE OF LIABILITY FORM
KNOW ALL BY THESE PRESENTS, that the City of Carmel, Indiana, by and through its Board of Public
Works and Safety ("City"), in consideration of Ten Dollars ($10.00), and other good and valuable
consideration, the receipt and sufficiency of which has been acknowledged, has agreed to transfer to Westfield High
School, an Indiana school corporation ("WI-IS"), all of the City's rights and interest in and to 75 sets of surplus,
obsolete turnout gear (the "Property") on the terms and conditions set forth therein. The transfer of the Property is
made on an "as is" basis, with no express or implied warranties being made by the City relating to the Property, its
condition and/or usefulness, including but not limited to, warranties of merchantability or fitness for a particular
purpose.
WHS hereby releases and forever discharges and agrees to indemnify and hold harmless the City, its
officers, officials, employees, attorneys, and agents, and their successors and assigns, from and against any and all
claims, demands, actions, causes of action, liabilities, losses, and/or expenses whatsoever, including, but not limited
to, reasonable attorney's fees, arising out of or incu1Ted with respect to the sale. transfer, and/or use of the Property
from this date forward, including but not limited to, its condition, operation and/or use by WHS and/or any
subsequent owners or users thereof.
ALL WARRANTIES OF QUALITY OF FITNESS FOR A PARTICULAR PURPOSE AND
MERCHANTABILITY ARE EXPRESSLY EXCLUDED. THE PROPERTY IS TRANSFERRED "AS IS,"
"WHERE IS" AND WITH ALL FAULTS, WITHOUT ANY REPRESENTATION OR WARRANTY BY
CITY.
The undersigned hereby represents and certifies that they have full power and authority to execute this
Acknowledgment Of Transfer; Release Of Liability Form.
IN WITNESS WHEREOF, Westfield High School has executed this Acknowledgment Of Transfer;
Release Of Liability Form this _la__ day of Ju_llj , 2023.
WESTFIELD HIGH SCHOOL ("WHS") �m EXHIBIT ADocuSign Envelope ID: 25871783-397A-4D54-A3EA-553F47642B67