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Home My WebLink AboutBPW-02-20-13-09- Sale of Certain Obsolete and Unused City Fire Department Turn out Gear RESOLUTION NO. BPW- 02-20-13-09 A RESOLUTION APPROVING THE SALE OF CERTAIN OBSOLETE AND UNUSED CITY FIRE DEPARTMENT TURNOUT GEAR TO THE ROTARY CLUB OF CARMEL, INDIANA WHEREAS, Indiana Code 5-22-22-1(c)(7) exempts personal property transfers from Indiana municipalities to Indiana not for profit corporations from Indiana's general property disposal statutes; and, WHEREAS, the City of Cannel, Indiana ("City") currently owns certain obsolete and unused firefighter turnout gear, more specifically twenty-one (21) coats and bunker pants, seventeen (17) helmets, twelve (12) pairs of boots, eight (8) pairs of gloves, and eight (8) hoods (individually and collectively, the "Obsolete Gear"), which Obsolete Gear has been taken out of service and is of no further use to the City; and, WHEREAS, the Rotary Club of Cannel, Indiana ("Carmel Rotary"), is an Indiana not for profit corporation organized for educational, literary, scientific, religious, or charitable purposes that is exempt from federal income taxation under Section 501 of the Internal Revenue Code; and, WHEREAS, City is desirous of selling the Obsolete Gear to Carmel Rotary in an "as is" condition for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and Carmel Rotary desires to purchase the same in said condition; and, WHEREAS, City will sell and transfer, and Cannel Rotary will purchase and accept, the Obsolete Gear in an "as is" condition, with no guarantees nor warranties as to the fitness of same for any particular purpose or use, or otherwise, and Cannel Rotary, upon its receipt of the Obsolete Gear, shall thereafter be solely responsible for the use, maintenance, and care of the same; and, WHEREAS, Cannel Rotary shall, by and through its duly authorized representative, enter into that certain "Acknowledgment Of Sale And Transfer; Release Of Liability Form", a copy of which is attached hereto as Exhibit A, the same being incorporated herein by this reference, and return a fully executed copy of the same to the City prior to taking physical possession of the Obsolete Gear; and, WHEREAS, upon receipt of a fully executed copy of the instrument identified in Exhibit A hereto, the City shall cause the same to be delivered to the Office of the Clerk-Treasurer for filing with this Resolution; and, WHEREAS, City and Carmel Rotary now desire to enter into the sale-purchase transaction regarding the Obsolete Gear referenced in and subject to the terms and conditions of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of Cannel, Indiana, as follows: 1. The foregoing Recitals are incorporated herein by this reference. BPW Resolution No. 02-20-13-09 Page One of Two Pages iebmm°,deAnCmumtF.ca mim¢.abamem«.,i nnmase.,nra memn fileSemlenl m nnoe �o�e and v.nsler oncniete tout n,ere mivip 2. The sale of the Obsolete Gear by the City to Carmel Rotary is hereby approved pursuant to and in accordance with the terms of this Resolution. 3. That Stephen Engelking, on behalf of the City, is hereby authorized and directed to take such actions as are lawful, necessary, and proper to effectuate the transaction approved by this Resolution, including, but not limited to, the preparation and delivery of any required inventory disposal notification forms. Approved and adopted this day ofaale , 2013. CARMEL BOARD OF PUBLIC WORKS AND SAFETY By: ames Brainard, Presiding Office Date: a0 -- /s 1A44 MaryAurke,.,Member I/ Date: / oo�f � 3 Lori S. W n, Member Date: .4/0-0/t 3 ATTEST: / �d.id..!.1L D'a"na L. Cordray IAM/C; Clerk-Treasurer Date: oR ne//3 BPW Resolution No. 02-20-13-09 Page Two of Two Pages �ani:aom e\dooumNi:and winogssnnoamomi,no?,..12�rw.mri ni+rani outlaoktin52.R,calc and o-,o,m or onmac tumOui€en aecmurui ACKNOWLEDGMENT OF SALE AND 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"), and pursuant to its 2013 Resolution No. BPW-02-20-13-09, the same being incorporated herein by this reference (the "Resolution"), 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 sell and transfer to the Rotary Club of Carmel, Indiana, an Indiana not for profit corporation ("Carmel Rotary"), all of the City's rights and interest in and to certain Obsolete Gear, as is more particularly described in the Resolution, on the terms and conditions set forth therein. The sale and transfer of the Obsolete Gear is made on an "as is" basis, with no express or implied warranties being made by the City relating to the Obsolete Gear, its condition and/or usefulness, including but not limited to, warranties of merchantability or fitness for a particular purpose. Carmel Rotary 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 sale, transfer, and/or use of the Obsolete Gear from this date forward, including but not limited to, its condition, operation and/or use by Carmel Rotary and/or any subsequent owners or users thereof. ALL WARRANTIES OF QUALITY OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE EXPRESSLY EXCLUDED. THE OBSOLETE GEAR IS SOLD AND TRANSFERRED "AS IS," "WHERE IS" AND WITH ALL FAULTS, WITHOUT ANY REPRESENTATION OR WARRANTY BY CITY OR OTHERWISE. The undersigned hereby represents and certifies that she has full power and authority to execute this Acknowledgment Of Sale And Transfer; Release Of Liability Form. IN WITNESS WHEREOF, Cannel Rotary has executed this Acknowledgment Of Sale And Transfer; Release Of Liability Form this 7 day of fln oticL , 2013. ROTARY CLUB OF CARMEL, INDIANA ("Carmel Rotary") BY: C e �� j i-Fn.r Date: 3 — ] - e�13 udith F. Hagan,President\ Exhibit A lee nnm..,....,.mes,,oec,—,..ni.aimfs=mmm iwtmei msmmenu,wm:maszuo.tema more,ors,ome tmnwi re..asIundl Johnson, Sandy M From: Carter, Gary L Sent: Friday, February 15, 2013 10:11 AM To: Johnson, Sandy M Cc: Hoffman, Matt F Subject: RE: Turnout Gear Sandy: Sorry for the delay, I have been home ill. Here is the inventory count that I have on our former Explorer Program outdated turnout gear: 21- Turnout Coats 21- Bunker Pants 17- Helmets 12pr- Gloves 8- Hoods 8pr-Gloves This old gear was used by our former Explorer program. This gear is dated from the late 1990's-2000. Per NFPA guidelines gear is to be removed from service at 10 years from the manufacturer's date. It was my directive from former Chief Smith that we would not offer this gear to another county or state department because of liability. He felt the gear was not up to current safety standards. Chief Smith was concerned that the statue did not expressly concern itself with the safety issue. He felt not taking the safety issue in consideration would be bad judgment. Please let me know if there is anything else I can help with. Thanks Gary Carter From: Johnson, Sandy M Sent: Thursday, February 14, 2013 8:54 AM To: Carter, Gary L Subject: Turnout Gear Gary, I have a resolution for disposal of obsolete turn-out gear to the Rotary. Can you give me a complete list of what is going to be donated? Is this gear obsolete in our department or is the gear obsolete in the state. In other words, could we donate this to a volunteer fire department within the state? Sandy Johnson Asset Manager City of Carmel—Clerk Treasurer's Office (317) 571-2628— Direct (317) 571-2410—Fax smiohnson@carmel.in.gov • • • • 2 •