HomeMy WebLinkAboutAgreement - EnFocus Inc - Donation of Wireless Gear1316 COUNTY -CITY BUILDING ��
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227 W.JEFFERSON BOULEVARD
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SOUTH BEND. INDIANA 46601-1 83Q
1865
CITY OF SOUTH BEND
PETE BUTTIGIEG, MAYOR
August 13, 2019
Allison Egan
EnFocus, Inc.
Studebaker Building 113
635 S Lafayette Blvd.
South Bend, IN 46601
RE: Donation Agreement
Dear Ms. Egan:
PHONE 574/235-9251
FAx 574/235-9171
The Board of Public Works, at its meeting held on August 13, 2019, approved the above
referenced agreement regarding the donation of wireless gear for operational management of
public Wi-Fi by the Infrastructure Division.
Enclosed please find the original of the agreement for your signature. Please sign and return
the original agreement to our office and retain a copy for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
d
Linda M. Martin, Clerk
Enclosure
GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU
AGREEMENT FOR DONATION OF WIRELESS ACCESS POINTS
FROM ENFOCUS, INC. TO THE CITY OF SOUTH BEND
THIS AGREEMENT for Donation of Wireless Access Points (this "Agreement') is made
effective this 131h day of August 2019 (the "Effective Date") by and between enFocus, Inc., an
Indiana nonprofit corporation ("enFocus"), and the City of South Bend, Indiana (the "City"), by
and through its Board of Public Works (the "Board"), for and on behalf of the Department of
Innovation & Technology.
RECITALS
WHEREAS, the Board has custody of and maintains all personal property of the City
pursuant to I.C. 36-9-6-3(a) and may accept donations of personal property from any source
pursuant to I.C. 36-1-4-10; and
WHEREAS, upon a previous agreement with the City, enFocus installed thirty-five (35)
wireless access points and certain ancillary equipment (the "Wireless Equipment') in the
downtown area for the purpose of creating a wireless network; and
WHEREAS, enFocus would now like to donate the Wireless Equipment to the City for its
continued use, and the City would like to formally accept the donation.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. DONATION. enFocus shall donate the Wireless Equipment as set forth more
specifically on Exhibit A to the City in accordance with the terms of this Agreement.
The City hereby accepts the donation of the Wireless Equipment from enFocus as
authorized by I.C. 36-1-4-10.
2. RESENTATIONS AND WARRANTIES. enFocus represents and warrants that it is
the undisputed owner of the Wireless Equipment and has all rights and authority to
donate it to the City.
3. INDEMNIFICATION. enFocus agrees to indemnify, defend, and hold the City, its
officers, employees, and agents harmless with regard to any and all claims of any nature
which may arise from the donation of the Wireless Equipment to the City.
4. WAIVER. No failure or delay on the part of either party in exercising any right under
this Agreement will operate as a waiver of, or impair, any such right. No single or
partial exercise of any such right will preclude any other or further exercise thereof or
the exercise of any other right. No waiver of any such right will have effect unless
given in a written document signed by the party waiving such right. No waiver of any
right will be deemed a waiver of any other right hereunder.
5. ENTIRE -AGREEMENT, AMENDMENTS APPLICABLE LAW AND
.IIJRISDIC:TION. This Agreement sets forth the entire agreement and understanding
between the parties as to the subject matter hereof, and merges and supersedes all prior
discussions, agreements, and understandings of any and every nature between them.
This Agreement may be amended only by separate writing, signed by authorized
representatives of both enFocus and the City. This Agreement will be construed and
interpreted according to the laws of the State of Indiana and any actions arising
hereunder shall be tried in the courts of St. Joseph County, Indiana.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be effective as of the
Effective Date.
CITY:
CITY OF SOUTH BEND, INDIANA
BOARD OF PI.l'I I.,1C-,WORKS
Gary A. Gilot, President Genevieve Miller, M
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Therese Dorau, Mei ber aura O'Sullivan, Member
Elizabeth Maradik, Member
ATTEST:(
Linda. M. Marlinm Cl k
ENFOCUS, INC.
Signature
Printed Name
Title
EXHIBIT A
Wireless Access Points and Ancillary Equipment
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 8/5/19
Name Denise Riedl
Department Innovation & Tech
BPW Date 8/13/19 Phone Extension 6004
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