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8.b)1) Accept Scuba Equipment from City of Stillwater . Meeting Date: 06/21/2011 Agenda Item: �� � �/ � City Council Agenda Report City of Scandia 14727 209`�' St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Accept SCUBA equipment from the City of Stillwater and authorize the Mayor to sign the Bill of Sale, Indemnity and Hold Harmless Agreement on behalf of the City. Deadline/Timeline: N/A Background: • The Fire Department has received various items of SCUBA equipment from the Stillwater Fire Department for the "sum of One Dollar($1.00) and other good and valuable consideration." (Cities cannot make donations.) • The equipment will be used by the dive team. • Stillwater has requested that Scandia execute the attached agreement, which has been reviewed by the City Attorney. Recommendation: I recommend that the Council accept the equipment and authorize execution of the bill of sale/agreement. Attachments/ • Bill of Sale, Indemnity and Hold Harmless Agreement Materials provided: � Contact(s): Jim Finnegan, Fire Chief(651 433-2225) Prepared by: Anne Hurlburt, Administrator (SCBA Equipment from Stillwater) Page 1 of 1 06/09/11 BILL OF SALE, INDEMIVITY AND HOLD HARMLESS AGREEMENT For the sum of One Dollar ($1.00) and other good and valuable consideration, the City of Stillwater("City"), contemporaneously with the execution of this Ageement, transfers, sells and conveys all right, title and interest in the property described in and attached to this Agreement as Exhibit"A",to the City of Scandia, as Transferee. IExamination. The City has given the Transferee the right to -inspect, audit and test the property for any and all problems or conditions and any and all violations of environmental laws and allow the Consultants access to the property at any time or times for the purposes of conducting evaluations or audits and to cooperate fully with the Transferee in any inspections of the property Indemnitv. Transferee shall indemnify, defend and hold hannless the City and its successors, assigns and tenants from any and all damages, obligations, causes of action, claims, liability, costs and expenses (including attorneys' and experts' fees), resulting in any way from or in connection with the condition of the property, as well as the costs of any further investigation, remediation or response action required by any governmental authority, including, without limitation, and without limiting any other remedies available to the City, all costs and expenses incurred in connection with the actions described above and all costs of defending any private, regulatory or governmental action, including, without limitation, attorneys' and experts' fees and disbursements. No Warranties. The City makes no warranties or representations and the Transferee has not relied on any representations, express or imposed, relative to the condition of the property or any other matter relative to this Agreement other than those expressly stated herein. The I =1= Transferee hereby acknowledges that it has thoroughly inspected the property and is taking it in an"as is" condition. Dated: THE CITY OF SCANDIA: By: Its: I SELLER: THE CITY OF STILLWA '� �,. �� . � � By �y�x� Its: ayor ATTEST: ���CL�-�t� �LsC���L�--- Diane F. Ward, City Clerk � �= . Exhibit A ITEM SERIAL NUMBER Regulator, SCUBA 1st stage 4500psi Oceanic "Balanced Piston" 9807210 9809127 9809001 9808302 9807111 9807031 Pony bracket"quick draw" P2005306 P2005298 P2005392 Drysuit inflator hose x 3 No serial numbers SPG consolew/pressure, depth and temp-Sherwood SCUBA No serial numbers BCD,Zeagle "911" Size M "Octo Z" hose Octo Z-2003609 BCD,Zeagle "911" Size L"Octo Z" hose Octo Z-2003610 BCD Zeagle "Tech"Size M "Octo Z" hose Octo Z-2003598 Cylinder,SCUBA Aluminum, 63 cu ft Hydro 12/03 BJ007241 Cylinder,SCUBA Aluminum, 63 cu ft Hydro 10/03 BJ007215 Cylinder,SCUBA Aluminum, 63 cu ft Hydro 7/07 BJ007767 Cylinder,SCUBA Aluminum 19 cu ft Hydro 11/03 CB002146 Cylinder,SCUBA Aluminum 19 cu ft Hydro 12/03 CB002147 Cylinder,SCUBA Aluminum 19 cu ft Hydro 10/03 CB002139