HomeMy Public PortalAbout125-2019 - Fire - Donating SCBA Packs to Webster Fire DepartmentAGREEMENT.
This Agreement is made and entered into this day of/ 2019 referred to .
as Contract Number 125-2019, by' and between the City of 6kichmond, a municipal
corporation existing under the laws of the State of Indiana, and acting through its Board
of Public Works and Safety (hereinafter "City") and the Webster Township Volunteer
Fire Department (hereinafter "Webster VFD") and Webster Township.
WHEREAS, City maintains a full time fire department; and
WHEREAS, In the course of operating its fire department, City keeps and. utilizes ten
(10) surplus MSA Self -Contained Breathing Apparatus ("SCBA")
equipment (hereinafter referred to as "Equipment"')
WHEREAS, The Equipment no longer needed by the City for its daily operations and is
considered surplus property that may be sold pursuant to Indiana Code 5--
22-22--12; and
WHEREAS, Webster Township, located in Wayne County, Indiana, maintains a
volunteer fire- department located at 5122 Main Street, P.O. Box 4,
Webster, Indiana, 47392, and wishes to purchase the surplus Equipment
that is no longer needed by City; and
WHEREAS, Webster Township Volunteer Fire Department has requested to purchase the
Equipment for consideration not limited to the understanding it will assume
all liability and hold harmless the Richmond Fire Department and the City for
any injury or damages caused by the Equipment or the Equipment's parts.
NOW; THEREFORE, in consideration of the following, including the above stated
recitals, the parties hereby agree as follows:
1. City agrees to sell ten (10) MSA Self -Contained Breathing Apparatus
("SCBA") equipment (hereinafter referred to as "Equipment"), which items are surplus
property, for a total amount. of one Dollar and Zero Cents ($1.00) to the Webster VFD;
2. In consideration for the transfer of said Equipment, Webster VFD agrees
to pay the sum of One Dollar ($1 .00) to City, which amount is acknowledged as received -
by the City. Webster VFD has also agreed, as outlined in the attached Exhibit A proposal
from Webster VFD, to recondition the Equipment and hold harmless the City and the
Richmond Fire Department, which shall also be considered adequate consideration for
purposes of this Agreement.
Contract No.125-2019
Page t of 3
3. Webster VFD Will be responsible for taking possession of the Equipment .
at its own cost and expense. Possession shall be tendered to Webster VFD at a place
designated by City.
4. City agrees to fully and completely execute all necessary documents to
effectuate the transfer of the Equipment.
5. Webster VFD and Webster Township hereby acknowledges and agrees
that City is not a merchant with respect to the goods being transferred pursuant to this
Agreement.
6. - WEBSTER VFD FURTHER WARRANTS THAT IT HAS
INSPECTED THE EQUIPMENT AND IS TAKING SAID EQUIPMENT IN AN
"AS IS" CONDITION. CITY MAKES NO EXPRESS WARRANTY RELATING
TO THE EQUIPMENT AND EXPRESSLY DISCLAIMS ANY IMPLIED
WARRANTYS, INCLUDING THE IMPLIED WARRANTY OF
MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE. ANY STATEMENT OR COMMUNICATION MADE
BY CITY OR ITS AGENTS, RELATING TO. THE QUALITY OR ANY
CHARACTERISTIC OF THE EQUIPMENT IS EXPRESSLY SUPERCEDED BY
THIS AGREEMENT, IS WITHOUT FORCE AND EFFECT, AND WEBSTER
VFD EXPRESSLY ACKNOWLEDGES THAT IT IS NOT RELYING UPON
SUCH COMMUNICATION WHEN MAKING THE DECISION TO PURCHASE
SAID EQUIPMENT. FURTHER, ANY STATEMENT RELATING TO THE
QUALITY. OR CHARACTERISTICS OF THE EQUIPMENT, NOT CONTAINED
IN A WRITTEN DOCUMENT SIGNED BY CITY, IS WITHOUT FORCE AND
EFFECT AND MAY NOT BE RELIED UPON BY WEBSTER VFD. AT ANY
TIME. WEBSTER VFD FURTHER AGREES THAT IN NO EVENT SHALL
CITY BE LIABLE FOR ANY CLAIM, COST, DAMAGE OR LIABILITY,
INCLUDING ANY INCIDENTAL, CONSEQUENTIAL; OR PUNITIVE
DAMAGES CLAIMED BY WEBSTER VFD, RELATING- TO THE USE OF THE
EQUIPMENT; FOLLOWING ITS DATE OF TENDER TO WEBSTER VFD.
7. Webster VFD and Webster Township further agree to indemnify and hold
City harmless from any claim, cost, damage or liability relating to the Equipment,
including its condition or use, -following the date of delivery of the Equipment to .Webster
VFD.
8. This document contains the entire Agreement between the parties relating
to the transfer of the Equipment and the compensation to be paid for such Equipment.
Any previous agreement, statement, or communication by and between the parties or
their respective agents is expressly superseded by the terms and conditions contained in
this document.
Page 2 of 3
i x
9. This Agreement may only be modified by a subsequent, written
instrument setting forth the changes and which is executed by both parties to this
-Agreement.
10. This Agreement shall be governed by the laws of the State of Indiana and
any lawsuit arising out of .this Agreement must be filed and thereafter maintained in the
Wayne County, Indiana Circuit or Superior Courts.
11. Any person executing this Agreement in a representative capacity hereby
warrants that he or she has been duly authorized by his or her principal to execute this
Agreement.
All of which is approved. and agreed to by the parties,'and or their respective governing
boards, signature below indicating such approval and acceptance of the terms and
conditions contained in this Agreement and the effectuation of such transfer of personal
property.
"CITY" " WEBSTER VFD"
THE CITY OF RICHMOND, WEBSTER, INDIANA VOLUNTEER
INDIANA, by and through its Board of FIRE DEPARTMENT
Public Works and Safety
By: By: ,+...
Vicki Robinson, President evin Fouche, Fire _Chief
By: Date:
Emily P finer, Member
J
Date: 0 '�Z ��� WEBSTER TOWNSHIP by and through
its Township Trust
APPROVED: By �
David . Sno George Haskett, Webster Township
Trustee .
n
Date: � Z � Date:
Page 3 of 3
Webster Twp, Fire/Rescue
5122 Main St.
P.O. Box 4
Webster, Indiana 47392
Richmond Fire Dept.
Attn: Chief Purcell
101 South S#" St.
Richmond, Indiana 47374
Chief Purcell,
August 12, 2019
I am sending this letter on behalf of the Webster Fire Dept. requesting the donation of ten (10) of
the MSA SCBA packs that your fire department recently took out of service. The Webster Fire
Department is in need of air packs due to the condition of our current packs. We understand that
these units were taken out of service, but we feel with a re -conditioning that they will serve us until
the time that we are able to purchase our own new packs. We the Webster Twp. Fire Department
assume all liability and hold harmless the Richmond Fire Department and the City of Richmond for
any injury or damages caused by the air packs or their parts.
Thank you for your consideration in this matter, I can be reached by phone at 765-969-3978 for any
discussion of this matter.
Sincerely yours,
Kevin Fouche, Chief
t.EXHIBIT PACE - -1.�.OF � �.