Interlocal Agreement - Northern Indiana Commuter Transporatation District - No Cost Transfer of Refurbished Railcar from the NICTD to the City of SBFD

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RAILCAR TRANSFER AGREEMENT This Railcar Transfer Agreement (this "Agreement") is entered into on February 27, 2018, by and between the Northern Indiana Commuter Transportation District ("NICTD"), and the City of South Bend, Indiana, acting through its Board of Public Works (the "City") (each a "Party," and together the "Parties"). WHEREAS, NICTD is a municipal corporation that operates the South Shore Line train with service from Millennium Station in Chicago, Illinois to the South Bend International Airport in South Bend, Indiana; and WHEREAS, the City is a municipal corporation that owns and operates the Luther J. Taylor Sr. Fire Safety Training Center (the "Training Center"), at which firefighter recruits and personnel from the South Bend Fire Department (the "SBFD") and other area public safety agencies conduct training; and WHEREAS, NICTD has acquired and refurbished a bi-level railcar (the "Railcar") and wishes to transfer the Railcar to the City for use in ongoing training exercises by the SBFD and other public safety agencies; and WHEREAS, Ind. Code 36-1-7, the Interlocal Cooperation Act, authorizes Indiana governmental entities to enter into contracts between or among themselves to buy, sell, or exchange services, supplies, or equipment. NOW, THEREFORE, in consideration of the promises and obligations set forth in this Agreement, the parties agree as follows: 1. Transfer: NICTD agrees to transfer title of the Railcar to the City. In exchange for this conveyance, the City agrees to make the Railcar available at its Training Center for its use in training by authorized public safety personnel, including SBFD personnel and non -City personnel designated by NICTD. 2. Housing; Delivery: The Railcar shall be housed at the Training Center. NICTD shall be responsible for delivering the Railcar to the Training Center, and will coordinate its delivery of the Railcar with the City and bear any risk of loss with respect to the Railcar until it is delivered to the Training Center. NICTD further agrees to bear any costs associated with the delivery of the Railcar. 3. Right of First Refusal: If the City elects to discontinue its training program at the Training Center for any reason, the City shall, within a reasonable time thereafter, provide to NICTD a written offer to return title of the Railcar to NICTD at no cost. NICTD shall then have thirty (30) days from the date it receives the City's offer to accept the offer in writing. If NICTD fails or refuses to accept the return of the Railcar, the City shall be free to dispose of the Railcar in a manner consistent with Indiana law.