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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 � �.