HomeMy WebLinkAboutResolution BPW 02-19-25-01/CFD/$300,000/Governmental Exhange under Indiana Code 5-22-22-10 and 36-1-11-8
RESOLUTION NO. BPW 02-19-25-01
A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF CARMEL, INDIANA, APPROVING THE EXCHANGE OF PROPERTY
BETWEEN GOVERNMENTAL ENTITIES UNDER
INDIANA CODE 5-22-22-10 AND 36-1-11-8
WHEREAS, pursuant to Indiana Code (“IC”) 5-22-22-10 and IC 36-1-11-8 (collectively, the
“Statutes”), the Board of Public Works and Safety (the “Board”) of the City of Carmel, Indiana (the
“City”), as the City’s purchasing agency, may exchange property with another governmental body
upon agreed terms and conditions as evidenced by the adoption of substantially identical resolutions
by each entity; and
WHEREAS, a transfer of property between governmental bodies under the Statutes may be
made for any amount of property or cash as agreed upon by the governmental bodies; and
WHEREAS, pursuant to the Statutes, the Board of Trustees of Sugar Creek Township,
Hancock County, Indiana (the “Township”), is willing and has determined that it is now in its best
interests to exchange its surplus 2013 Marion Body Works Inc. Heavy Rescue Truck (the “Rescue
Truck”) with the City, for the City Fire Department arranging for the transportation of the Rescue
Truck from its location in the Township, and for Three Hundred Thousand Dollars ($300,000.00);
and
WHEREAS, pursuant to the Statutes, the Board has determined that it is now in the best
interests of the City to accept the Township’s surplus Rescue Truck, in exchange for the City Fire
Department arranging for the transportation of the Rescue Truck from its location in the Township,
and for Three Hundred Thousand Dollars ($300,000.00).
NOW, THEREFORE, BE IT RESOLVED by the Board, as follows:
Section 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. The terms of the exchange shall be controlled by the following:
(a) At the time of exchange mutually agreed to by the City and the Township, the
Township will provide the Rescue Truck, an invoice for Three Hundred Thousand
Dollars ($300,000.00), and an original copy of the clear title to the Rescue Truck.
(b) The City is responsible for transportation of the Rescue Truck from its current location
in the Township.
(c) Upon the exchange of the Rescue Truck, the City agrees to assume all liabilities
associated with the Rescue Truck. This includes, but is not limited to, any damage or
By Benjamin J Legge at 2:54 pm, Feb 06, 2025
Docusign Envelope ID: F02E8AF4-D763-4922-8530-EF2F3F80FCC5
obligations arising from the use, ownership, or operation of the Rescue Truck. The
Township shall be released from any such liabilities as of the date and time of the
exchange.
(d) The Rescue Truck is transferred “as is” and “with all faults.” The Board and the City
acknowledge that the Township or its agents, employees, officers, or representatives
have made no representations regarding the quality, condition, or safety of the Rescue
Truck. The Township expressly disclaims all warranties, express or implied, including
but not limited to, the warranty of merchantability or fitness for any particular purpose.
The Board and the City acknowledge, accept, and approve this disclaimer.
(e) The Township warrants that it is the sole owner of the Rescue Truck and that the
Rescue Truck is free and clear from all liens and encumbrances.
(f) The City shall pay the Township within thirty-five (35) days after the date of the City’s
receipt of Township’s invoice.
(g) The Township shall adopt a resolution substantially identical to this Resolution and
the passing of said resolution and this Resolution shall effectuate the Agreement
between the parties.
Section 3.
(a) The Board hereby designates the City Fire Chief Joel Thacker as its agent for purposes
of completing the exchange under this Resolution. Chief Thacker is hereby authorized
to execute all documents required in connection with the exchange of property
pursuant to the terms of this Resolution and to take all other lawful actions necessary
to complete the exchange of property.
(b) The Township shall designate Township Fire Chief Brandon Kleine as its agent for
purposes of completing the exchange under this Resolution. The Township shall
authorize Chief Kleine to execute all documents required in connection with the
exchange of the Rescue Truck pursuant to the terms of this Resolution and to take all
other lawful actions necessary to complete the exchange of the Rescue Truck.
[SIGNATURE PAGE TO FOLLOW]
Docusign Envelope ID: F02E8AF4-D763-4922-8530-EF2F3F80FCC5
SO RESOLVED.
PASSED by the Board of Public Works and Safety of the City of Carmel, Indiana, this ___
day of , 2025, by a vote of ayes and nays.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and
Safety (“Board”)
ATTEST:
By:
Laura Campbell, Presiding Officer Jacob Quinn, Clerk
Date: Date:
James Barlow, Member
Date:
Alan Potasnik, Member
Date:
Docusign Envelope ID: F02E8AF4-D763-4922-8530-EF2F3F80FCC5
February
19
NOT PRESENT
02
2/21/2025
2/21/2025
2/21/2025