HomeMy Public PortalAbout001-2021 - Fire - West College Corner Volunteer Fire Department - Sale of Surplus Medical ResponseTruck AGREEMENT
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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—(
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