HomeMy WebLinkAboutTransfer of Ambulance Hold HarmlessAGREEMENT FOR TRANSFER OF AMBULANCE,
RELEASE AND HOLD HARMLESS
This Release and Hold Harmless agreement is between the CITY OF OSHKOSH
Fire Department, with its principal offices located at 101 Court Street, P.O. Box 1130,
Oshkosh, WI 54903 -1130 (CITY) and the Oshkosh Red Cross, a charitable, federally
tax - exempt organization, with its offices located at Sts (Red Cross).
WHEREAS, the City has available certain surplus equipment; and
WHEREAS, such equipment has been used and maintained properly, any
records of supply and maintenance available for Red Cross's inspection; and
WHEREAS, Red Cross wishes to assume ownership of such equipment for use
within the City of Oshkosh and surrounding Oshkosh area for emergency responder
support and relief efforts;
NOW, THEREFORE, the parties agree as follows:
The City shall donate to Red Cross, and Red Cross shall accept from the
City:
1993 Ford Wheeled Coach. Ambulance
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All a ui t has been removed`from the vehicle
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2. Red Cross shall immediately title the vehicle in `its name and assumes full
responsibility for transportation, storage and delivery of the item from the
City's possession to its ultimate location, and the City shall have no
obligation in this regard.
3. The City offers this item, and Red Cross agrees to accept this item "as is,
where is and with all defects." The City makes no express or implied
warranties or guarantees as to the condition, operability or intended
purpose /use of this item. Red Cross has received all information, in its
sole discretion, that it deems necessary and has been fully satisfied in this
regard. Upon delivery to Red Cross, the City shall have no further
obligation to Red Cross concerning this item.
4. Red Cross agrees to indemnify and hold the City (including its Directors,
officers, employees, agents, shareholders, insurers, successors and
assigns) harmless from and against any and all claims, demands,
penalties, fines, causes of action, liabilities, settlements, damages, costs
and expenses, including without limitation, attorneys' and consultants'
fees, investigation fees, court costs and litigation expenses, and other
costs of defense, - known or unknown, contingent or otherwise, arising out
of or in any way related to the acts or omissions of any employee, agent or
designee of Red Cross in relation to the use of this item by Red Cross,
including, but not limited to liability for:
A. Any personal injury or bodily injury (including wrongful death) or
property damage (real or personal);
B. Any lawsuit brought or threatened, settlement reached, or local,
state or federal government or agency order, including, but not limited to
claims costs, liabilities, or expenses, arising under federal state or local
law;
C. Any violation of laws, orders, regulations, requirements, or
demands of any governmental authorities; and
D. Any breach or violation of any contractual provision of whatever
kind with any third party.
5. In consideration of the donation of this item for its use, Red Cross agrees that
if the item is no longer used within the City of Oshkosh and surrounding area
that the item will be offered to the City of Oshkosh prior to any other disposal
of the item by any other means.
6. The parties by their representative signatures believe, covenant and warrant
that they have authority to sign this agreement on behalf of their respective
agencies.
Dated this d y of , 200%
CITY OF OSHKOSH
Rohloff, City Manager
Pamela R. Ubrirg, City Clerl�
APP4OVED AS TO FORM:
Lorenson';l!Nty Attorney
Dated this (� day of d , 200,1.
O= ED CROSS
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Executive Director
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