NT-Transfer Agreement 11-9-17 — File 204762

TRANSFER AGREEMENT BY AND BETWEEN THE CITY OF SOMERVILLE ACTING THROUGH THE PURCHASING DEPARTMENT AND THE CITY OF BOSTON Contract # Contract Amount: $ 1.00 P.O# P.O. Amount: $ Bid #: N/A Surplus Acquisition Contract period: 12/15/2017 to 1/31/2018 Contract for: Transfer of Ownership of 27-foot Boston Whaler and Corresponding Trailer Seller: City of Boston c/o Boston Police Department One Schroeder Plaza Roxbury Crossing, MA 02120 [phone removed] Point of Contact: William B. Evans, Police Commissioner c/o Nicole I. Taub, Esq., Senior Staff Attorney Nicole.taub@pd.boston.gov ACCORDING TO THE SPECIFICATIONS CONTAINED HEREIN.

Agreement for the Transfer of Ownership, and Bill of Sale, of the 27’ Boston Whaler and Trailer This Agreement (“Agreement’) dated ________________, 2017, by and between the City of Boston acting by and through its Boston Police Department (“BPD”) and the City of Somerville (“Somerville”) grants and transfers complete ownership and legal title of the BPD’s 27’ Boston Whaler (“Whaler”) and Trailer (collectively the “Equipment”) to Somerville, in consideration of $1.00 (one dollar), to be paid by Somerville, the receipt of which is hereby acknowledged. The Equipment is further described in Exhibit A. (a) This Equipment is property that has been declared surplus by the BPD on May 2, 2017, at the request of the Harbor Master and is no longer needed for BPD purposes. The ownership of the Equipment is hereby transferred and conveyed to Somerville. (b) BPD covenants that the Equipment are each transferred to Somerville free and clear of any liens, bills or encumbrances of any nature. Somerville acknowledges that BPD shall be forever free and clear from any costs associated with this Equipment, including but not limited to, towing or repair charges, excepting any costs incurred by BPD prior to the date of this Agreement. (c) BPD warrants that it (a) has good and marketable title, (b) is duly authorized (including the signatory hereto) to enter into and perform this Agreement, and (c) has the lawful right to transfer the Equipment to Somerville as set forth in this Agreement. (d) Furthermore, the BPD shall not be responsible for any loss, injury or damage to persons or property related to the Equipment occurring on or after the time upon which Somerville picks up the Equipment. To the extent permitted by law, Somerville shall save and hold the BPD, its agents and employees, harmless and indemnify the BPD and its agents and employees against any liability for injury, loss, accident or damage to any person or property, and from any and all claims, actions, proceedings, judgments, awards, loss, cost, damage or expense in connection therewith, including reasonable attorneys’ fees, arising from any entry, use or activity on or about the Equipment occurring after the date Somerville picks up the Equipment. (e) This transfer of ownership is under the provisions of Massachusetts General Law, Chapter 30b, Sections 1(b)(9) and Section 15 and is subject to the following terms and conditions: (1) This Equipment is being transferred “AS IS AND WITH ALL THE FAULTS.” There are no warranties either express or implied, including the seaworthiness or fitness for duty of this vessel. The BPD’s Purchasing Department’s normal course of business does not encompass the sale of used boat equipment; therefore, an implied warranty of merchantability does not extend to this Whaler or the Trailer. (2) The Equipment shall be available for pickup by Somerville at: 9 Terminal Street, South Boston, MA as of the date of this Agreement and shall be picked up within 30 days of the date of this Agreement.

(3) Somerville acknowledges that the BPD has made no representation whatsoever as to the adequacy, operability, safety or fitness of the Equipment for any particular purpose or use, or that the Equipment complies with applicable laws, ordinances, rules and regulations of government authorities. Somerville further acknowledges and agrees that Somerville, and its employees and/or agents, entry and activities upon the Equipment from the time of pickup of the Equipment shall not be at the risk and expense of BPD. This instrument sets forth the entire agreement between Somerville and the BPD.

IN WITNESS WHEREOF, the City of Somerville and the City of Boston have executed this Contract as a sealed instrument as of the date first written above. CITY OF SOMERVILLE CITY OF BOSTON X_______________________________ Signature of Authorized Agent Printed Name of Authorized Agent Title of Authorized Agent Street Address Edward Bean City, State and Zip City Auditor Joseph A. Curtatone Tax ID # Mayor FOR CORPORATIONS ONLY: Angela M. Allen Purchasing Director Clerk’s Signature David Fallon Chief of Police APPROVED AS TO FORM: Print or Type Clerk’s Name Francis X. Wright, Jr. City Solicitor I hereby certify that the contract amount of $_______________ is available for this contract. I further certify that a sum of $______________ is hereby encumbered against the appropriate account for the purposes of this contract.

Exhibit A – Registration and Equipment Description

Trailer Registration Information: