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HomeMy Public PortalAbout001-2021 - Fire - West College Corner Volunteer Fire Department - Sale of Surplus Medical ResponseTruck AGREEMENT NT This Agreement is made and entered into this I4%� day of )4v1Je17 , 2021, referred to as Contract Number 1-2021, by and between the City of Richmond, 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 West College Corner Volunteer Fire Department (hereinafter"West College Corner VFD"). WHEREAS, City maintains a full-time fire department; and WHEREAS, In the course of operating its fire department, City maintains and utilizes a surplus 2002 Chevy Tahoe medical response vehicle (hereinafter "Tahoe" or "vehicle") and WHEREAS, The Tahoe is 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, West College Corner, Indiana, located in Union County, Indiana maintains a volunteer fire depaitiiient located at 112 Union Street, West College Corner, Indiana, 47003, and wishes to purchase the surplus Tahoe which is no longer needed by City; and WHEREAS, the West College Corner VFD has requested to purchase the surplus Tahoe. NOW, THEREFORE, in consideration of the following, including the above stated recitals, the parties hereby agree as follows: 1. City agrees to sell the 2002 Chevy Tahoe medical response vehicle, VIN Number: 1GNEK13Z72J321215 (hereinafter"Tahoe" or"vehicle"),which vehicle is surplus property, for a total amount of One Dollars and Zero Cents ($1.00) to the West College Corner VFD; 2. In consideration for the transfer of said vehicle, West College Corner VFD agrees to pay the sum of One Dollar and Zero Cents ($1.00) to City. Such sum shall be tendered prior to the transfer of the vehicle. Such sum shall be deemed adequate, good, and valuable consideration for purposes of this Agreement. 3. West College Corner VFD will be responsible for taking possession of the vehicle at its own cost and expense. Possession shall be tendered to West College Corner • VFD at a place designated by City, provided that such place must be within the corporate limits of Richmond, Indiana. Contract No. 1-2021 Page 1 of 3 . vi i 4. City agrees to fully and completely execute all necessary documents to effectuate the transfer of the vehicle. 5. West College Corner VFD and West College Corner Township hereby acknowledges and agrees that City is not a merchant with respect to the goods being transferred pursuant to this Agreement. 6. WEST COLLEGE CORNER VFD FURTHER WARRANTS THAT IT HAS INSPECTED THE VEHICLE AND IS TAKING SAID VEHICLE IN AN "AS IS" CONDITION. CITY MAKES NO EXPRESS WARRANTY RELATING TO THE VEHICLE 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 VEHICLE IS EXPRESSLY SUPERCEDED BY THIS AGREEMENT, IS WITHOUT FORCE AND EFFECT, AND WEST COLLEGE CORNER VFD EXPRESSLY ACKNOWLEDGES THAT IT IS NOT RELYING UPON SUCH COMMUNICATION WHEN MAKING THE DECISION TO PURCHASE SAID VEHICLE. FURTHER, ANY STATEMENT RELATING TO THE QUALITY OR CHARACTERISTICS OF THE VEHICLE, NOT CONTAINED IN A WRITTEN DOCUMENT SIGNED BY CITY,IS WITHOUT FORCE AND EFFECT AND MAY NOT BE RELIED UPON BY WEST COLLEGE CORNER VFD AT ANY TIME. WEST COLLEGE CORNER 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 WEST COLLEGE CORNER VFD, RELATING TO THE USE OF THE VEHICLE, FOLLOWING ITS DATE OF TENDER TO WEST COLLEGE CORNER VFD. 7. West College Corner VFD further agrees to indemnify and hold City harmless from any claim, cost, damage or liability relating to the vehicle, including its condition or use,following the date of delivery of the vehicle to West College Corner VFD. 8. This document contains the entire Agreement between the parties relating to the transfer of the vehicle and the compensation to be paid for such vehicle. Any previous agreement, statement, or communication by and between the parties or their respective agents is expressly superceded by the terms and conditions contained in this document. 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. Page 2 of 3 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" "WEST COLLEGE CORNER VFD" THE CITY OF RICHMOND, INDIANA, WEST COLLEGE CORNER, INDIANA by and through its Board of Public Works VOLUNTEER FIRE DEPARTMENT and Safety 112 Union Street West College Corner, IN 47003 . 7By: /6C4e. . 1/'�.e,e�/�� B . I Vicki Robinson,President Don J son,Fire Chief By: Date: a/L/A0 a mily%almer,Member 704 By: Matt Evans,Member APPROVED: / Davi . Sno Mayor Date: 01 ZZ 2-O2—( Page 3 of 3