HomeMy WebLinkAboutResolution No. 18-2025 Donation of Police Equipment701 W. SAMPLE STREET
SOUTH FEND, INDIANA 46601-2890
CITY OF SOUTH BEND
.JAMES MUELLER, MAYOR
PHONE 574/235-9311
FAx 574/288-0268
SOUTH BEND POLICE DEPARTMENT
SCOTT A. RUSZKOWSKI, CHIEF OF POLICE
Board of Public Works July 141h, 2025
City of South Bend, Indiana
Honorable Board Members,
The South Bend Police Department is requesting Board approval to donate equipment no longer being
issued to officers with the South Bend Police Department. The equipment includes seven (7) Portable
Breath Tests (PBTs). These devices are over twenty years old and SBPD has replaced them with newer
PBTSs.
The PBTs to be donated are:
• 7 X Alco-Sensor III Portable Breath Tests (grey in color)
o Serial Numbers: 1089061, 1089044, 1240736, 1061067, 1218147, 1098619, 1089032
These PBTs will be donated to the Memorial Hospital Police Department. This department would be
responsible for procuring the devices from SBPD. This department would also cover the decommission
of the PBTS when they are no longer fit for service.
Thank you,
,f,,,5GT Aaron epper #2174
Logistics Officer - Support Division
South Bend Police Department
701 W. Sample St.
South Bend, IN 46601
(574)235-9018
AKnepper@SouthBendlN.gov
S ERVICE BRAVERY P RIDE DEDICATION
RESOLUTION NO. 18-2025
A RESOLUTION OF THE SOUTH BEND INDIANA BOARD OF PUBLIC WORKS
APPROVING THE DONATION OF POLICE EQUIPMENT
WHEREAS, the City of South Bend Board of Public Works (the "Works Board") exists
and operates pursuant to Ind. Code 36-8-3 and South Bend Municipal Code § 2-50; and
WHEREAS, the Works Board has exclusive control over all matters and property relating
to the South Bend Police Department (the "SBPD") pursuant to Ind. Code § 36-8-3-2(b)(2); and
WHEREAS, the SBPD possesses certain property, namely: used Seven (7) Alco-Sensor
III Portable Breath Tests (PBTs) which have been retired from service and deemed surplus
property pursuant to Ind. Code § 5-22-22-12; and
WHEREAS, Sgt. Aaron M. Knepper, a City of South Bend employee, has made known
to the SBPD the significant need for police and emergency services equipment for use by a
smaller person for the provision of emergency services; and
WHEREAS, the SBPD wishes to gift, under the supervision of and with the assistance of
the Memorial Hospital Police Department, (the "Donees") all of which service areas located in
the City of South Bend; and
WHEREAS, pursuant to Ind. Code § 5-22-22-12(e), a governmental body may transfer
title of surplus property to a police department by sale, gift, or another arrangement acceptable to
the governmental body and the police department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND BOARD
OF PUBLIC WORKS AS FOLLOWS:
1. The Safety Board hereby approves the donation and transfer of the seven (7)
Alco-Sensor III PBTs from the SBPD to (the "Donees"), and authorizes staff of the SBPD to
work with Memorial Hospital Police Department carry out any and all actions necessary to
facilitate the transfer.
2. This Resolution will be in full force and effect upon its adoption by the Board of
Public Works.
ADOPTED at a regular meeting of the City of South Bend Board of Public Works held
on July 22nd, 2025.
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Elizabeth A. Maradik, President
Gary A. Gilot, Member
Murray L. Miller, Member
M�
Joseph R. Molnar, Vice President
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Breana Micou, Member
Attest: Madeline Hostetler, Acting Clerk
Date: July 22, 2025
AGREEMENT BETWEEN BEACON HEALTH SYSTEM AND THE CITY OF SOUTH BEND
POLICE DEPARTMENT
A DONATION OF EQUIPMENT
THIS AGREEMENT for Donation of Equipment (this "Agreement") is made effective this 22nd
day of May 2425 (the "Effective Date") by and between the City of South Bend, Indiana, an Indiana
municipal corporation, by and through its Police Department ("PD") (collectively, the "City"), and Beacon
Health System, an Indiana non-profit corporation, by and through its Memorial Hospital Police
(collectively, "MH").
RECITALS
WHEREAS, the City is a municipal corporation existing and operating in accordance with the laws
of the State of Indiana; and
WHEREAS, MH is an Indiana non-profit corporation organized for charitable, scientific, and
educational purposes, and is qualified as a tax-exempt entity under the Internal Revenue Code; and
WHEREAS, MH provides medical and health services and operates a hospital police department;
and
WHEREAS, the City has a desire to support smaller emergency services departments; and
WHEREAS, donating retired equipment to MH furthers this goal; and
WHEREAS, the City desires to donate retired equipment to MH.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties agree as follows:
1. RECITALS. The foregoingrecitals are hereby incorporated into this Agreement as if fully
set forth herein.
2. DONATION. The Donation shall be in the form of seven (7) portable breathalyzer tests
(PBTs)which are retired from PD use. The current value of these donated PBTs is
estimated to total two thousand dollars ($2,000) and there is no cashredemption or claim.
3. TERM OF AGREEMENT. This Agreement terminates upon delivery by PD of the
Donation Amount to MH except that Clauses 4, 5, 6, 7, and 10 will survive and continue
for the life of the PBTs.
4. CONDITION OF DONATION. The Donation is provided to MH "AS IS" and "AS
AVAILABLE" and with all faults and defects without warranty of any kind. To the
maximum extent permitted under applicable law, the City, on its own behalf and on behalf
of its affiliates and its and their respective Iicensors and service providers, expressly
disclaims all warranties, whether express, implied, statutory or otherwise, with respect to
the Donation, including all implied warranties of merchantability, fitness for a particular
purpose, title and non -infringement, and warranties that may arise out of course of dealing,
course of performance, usage or trade practice. Without limitation to the foregoing, the
City provides no warranty or undertaking, and makes no representation of any kind that
the Donation will meet MH's requirements, achieve any intended results, be compatible or
work with any other software, applications, systems or services, operate without
interruption, meet anyperformanc a orreliability standards orbe error free or that any errors
or defects can or will be corrected. Without limiting the foregoing, the City does not make
any representation or warranty of any kind, express or implied: (i) as to the operation or
availability of the Donation, or the information, content, and materials or products included
thereon; 00 that the Donation will be error -free; or (iii) as to the accuracy, reliability, or
currency of any information or content provided through the Donation. Upon delivery of
the Donation, MH assumes all liability and control of the Donation.
5. INDEMNIFICATION. MH agrees to indemnify, defend, and hold the City, its officers,
and employees harmless with regard to any and all claims of any nature which arise from
MH's use or alleged misuse of the Donation.
6. SEVERABILITY. All provisions of this Agreement shall be considered as separate terms
and conditions, and in the event anyone shall be held illegal, invalid or unenforceable, all
the other provisions hereof shall remain in full force and effect as if the illegal, invalid, or
unenforceable provision were not a part hereof_ unless the provision held illegal, invalid or
unenforceable is a material provision of this Agreement, in which case MH and the City
agree to amend this Agreement with replacement provisions containing mutually
acceptable terms and conditions.
7. REPRESENTATIONS OF MH. The undersigned person executing and delivering this
Agreement on behalf of MH certifies that they are the duly authorized officer of MH and
has been fully empowered to execute and deliver this Agreement and that all necessary
corporate action has been taken and done.
8. NON -COLLUSION. The undersigned attests, subject to the penalties ofperjury, that she
has not, nor has any other director, officer, employee, representative, or agent of MH,
directly or ind irectly, to the best of their knowlcdge, entered into or offered to enter into
any combination, collusion, or agreement to receive or pay, and that she has not received
or paid any sum of money or other consideration for the execution of this Agreement other
than that which appears upon the face hereof.
9. ENTIRE AGREEMENT, AMENDMENTS, APPLICABLE LAW, AND
JURISDICTION. 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 maybe amended onlyby separate writing, signed byauthorized representatives
of both MH and the City. This Agreement will be construed and interpreted according to
the lawsof the State ofIndianaand anyactions arising hereunder shall be tried in the county
courts of St. Joseph County, Indiana.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Donation of
Equipment to be effective as of the Effective Date stated above.
CITY OF SOUTH BEND, INDIANA
POLICEZEPARTMENW
■ J� Date: V2
rk Doliinger, Director of Purchasing & Logistics
BEACON HEALTH //SYSTEM �J
Date: G s—
Executive Director
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date July 10, 2025
Name Sgt. Aaron M. Knepper #2174 Department SBPD
BPW Date July 22" d, 2025 Phone Extension 9018
Required Prior to Submittal to Board
Diversity Compliance ❑
Officer Name
and Inclusion Officer
BPW Attorney ❑ Attorney Name Michael Schmidt
Dept. Attorney ® Attorney Name
Purchasing ❑
Kylie Connell
Check the Appropriate Item Type — Required. for All Submissions
❑ Professional Services Agreement ❑ Contract ❑ Proposal
❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA
❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet
❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes
❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA
❑ Chg. Order, No. ❑ Traffic Control ® Resolution
n Other: n Ease./Encroach
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
Information
Memorial Hospital Police Department
❑ Yes ❑ If Yes, Approved by Purchasing
® No
E] MBE
❑ WBE Completed E-Verify Form Attached ❑❑ Yes
No
Donation of Unusable Equipment (SBPD PBTs)
Requesting Board approval to donate equipment no longer used by the South
Bend Police Department. These are seven (7) Portable Breath Test devices.
These older devices are not used by SBPD but can be utilized by another
Amount of ❑ Increase
❑ Decrease
Previous Amount $
Current Percent of Change
New Amount
Total Percent of Change:
Time Extension Amount:
New Completion Date:
For Change Orders
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