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Indeminification/CFD/Westfield Fire Dept , . ,....', - ;" n JA'"cl-' t;J.--- c)1' b'l lb'c DOID')' APPROV~\~O FORM BY~ INDEMNIFICATION AGREEMENT BETWEEN THE CARMEL-CLAY FIRE DEPARTMENT AND THE WESTFIELD-WASHINGTON FIRE DEPARTMENT WHEREAS, it is the desire ofthe Carmel-Clay Fire Department to dispose of certain used turn-out equipment that has been replaced by newer equipment; and WHEREAS, it is the desire of the Carmel-Clay Fire Department to dispose of such turn-out equipment in a manner that may benefit other municipalities in Hamilton County; and WHEREAS, the Westfield-Washington Volunteer Fire Department has a need for used turn-out equipment to outfit its growing Department; and, WHEREAS, it is a benefit to the Westfield-Washington Volunteer Fire Department to accept used turn-out equipment in the state and condition that it now exists from the Carmel-Clay Fire Department. IT IS THEREFORE AGREED THAT: L The Carmel-Clay Fire Department will donate certain used turn-out equipment to the Westfield-Washington Volunteer Fire Department in the state and condition that it presently exists without any express or implied warranty as to such equipment's condition or fitness for any intended use or purpose whatsoever. 2. That the Westfield-Washington Volunteer Fire Department shall accept said turn- out equipment in the state and condition that it presently exists and without any express or implied warranty as to such equipment's condition or fitness for any intended use whatsoever. 3. That the Westfield-Washington Volunteer Fire Department agrees to hold the City of Carmel, the Carmel-Clay Fire Department, 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 such used turn-out equipment donated to them by the City of Carmel and the Carmel-Clay Fire Department. 4. That the used turn-out equipment referenced herein is more completely identified on attached Exhibit A, which document is fully incorporated herein by this reference. 5. That the undersigned are the right and proper parties to enter into this Agreement and have the authority to bind the parties to this Agreement. 6. That this Indemnification Agreement shall become effective and binding on the parties as ofthe last date on which a party hereto executes same. . ! ~ ,~ I. SO AGREED. CARMEL-CLAY FIRE DEPARTMENT by and through its Board ofPubJic Works and Safety. BY: J~ $~t~ J61es Brainard, Mayor Date: '1 P /J'l- Billy alker, Member Date: tJI!~1J547 AL Diana Cordray, Clerk-Trea Date:-'- ~ - '7 WESTFIELD-WASHINGTON VOLUNTEER FIRE DEPARTMENT G~~.s.~ Printed: C'rAO .3. ~ AM{ Title: L\ . Date: ~/d.() - "1l ~ .. _....._ I., (Exhibit A) Turn-Out Gear Assorted nomex turn-out gear 25 Pair Bunker Boots 25 Bunker Pants 34 Bunker Coats I r , September 5,1997 Westfield-Washington Township Fire Department 1735 Dartown Road Westfield, Indiana 46074 Re: Agreement Enclosed is a copy of the contract signed by the Carmel Board of Public Works and Safety September 3,1997. Please call Clerk-Treasurer Diana Cordray at 571-2414 if you have any questions. Sincerely, Rebecca L. Wolf Deputy Clerk cc: file, city atty, CFD