HomeMy WebLinkAboutResolution BPW 04-02-25-04/CFD/Indiana Task Force One/Donation and Transfer of Medical Equipment 1
RESOLUTION NO. BPW 04-02-25-04
A RESOLUTION OF THE CITY OF CARMEL, INDIANA BOARD OF PUBLIC WORKS AND
SAFETY APPROVING THE DONATION AND TRANSFER OF PROPERTY BY THE CITY OF
CARMEL TO INDIANA TASK FORCE ONE
WHEREAS, Indiana Task Force One (“Task Force One”) is one of 28 highly trained Department of
Homeland Security and Federal Emergency Management Agency-sponsored Urban Search and Rescue teams in
the United States, comprised of firefighters, law enforcement officers, medical personnel and civilians from the
State of Indiana; and
WHEREAS, Task Force One is seeking two (2) video laryngoscopes to assist with emergency response
rescue and/or training; and
WHEREAS, the City of Carmel, Indiana (“City”) desires to assist Task Force One by donating and
transferring two (2) obsolete video laryngoscopes that are not in use at the City and have since been replaced with
newer models, (the “Property”) to Task Force One; and
WHEREAS, although the Property is obsolete, has been replaced, and no longer used by the City, the
Property is functional and can be used by Task Force One to assist with emergency response rescue and/or
training; and
WHEREAS, Task Force One shall, by and through its duly authorized representative, enter into that
certain "Acknowledgment of Donation/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 donate and transfer, and Task Force One shall accept the donation and 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 Task Force One 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 donate and transfer the Property to Task Force One 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 donation and transfer of the Property by the City to Task Force One is hereby approved pursuant
to and in accordance with the terms of this Resolution.
3. Task Force One 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.
By Benjamin J Legge at 2:04 pm, Mar 26, 2025
Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77
2
SO AGREED.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
Laura Campbell, Presiding Officer
Date:
James Barlow, Member
Date:
Alan Potasnik, Member
Date:
ATTEST:
Jacob Quinn, City Clerk
Date:
Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77
4/2/2025
4/2/2025
4/2/2025
4/2/2025
ACKNOWT,EPGMENT OE PONATTON/TBANSEER; BETrEASE OE J,JABTT,TTY FORM
KNOW ALL BY THESE PRESENTS, that the City of Carmel, Indiana, by and through its Board of Public
Works and Safety ("City"), and pursuant to Resolution No. BPW 04-02-25-04 the same being
incorporated herein by this reference (the 11 Resolution 1 1), in consideration for the arranging the delivery and
transfer of donated property, and other good and valuable consideration, has a greed to donate to Indiana Task
Force One (a highly trained Department of Homeland Security and Federal Emergency Management Agency
sponsored Urban Search and Rescue teams in the United States, comprised of firefighters, law enforcement
officers, medical personnel and civilians from the State of Indiana) all of the City's rights and interest in and to
certain donated property, as is more particularly described in the Resolution, on the terms and conditions set forth
therein. The donation and transfer of the Prope1iy is made on an 11 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.
Indiana Task Force One 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 incurred with respect to the donation.
transfer, and/or use of the Property from this date forward, including but not limited to, its condition, operation
and/or use by Indiana Task Force One and/or any subsequent owners or users thereof.
ALL WARRANT IES OF QUALITY OF FITNESS FOR A PARTICULAR PURPOSE AND
MERCHANTABILITY ARE EXPRESSLY EXCLUDED. THE PROPERTY IS DONATED AND
TRANSFERRED "AS IS," "WHERE IS" AND WITH ALL FAULTS, WITHOUT ANY
REPRESENT ATION OR WARRANTY BY CITY.
The undersigned hereby represents and certifies that they have full power and authority to execute this
Acknowledgment of Donation/Transfer; Release of Liability Form.
IN WITNESS WHEREOF, Indiana Ta;t�orce One has executed this Acknowledgment of Donation/ Transfer;
Release of Liability Form this� day of fl.c.;./ , 2025.
INDIANA TASK FORCE ONE
Printed Name
Title
3
Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77