HomeMy Public PortalAbout007-2022 - Abington AVSD - we are donating an ambulance ,
AGREEMENT
41'1
This Agreement is made and entered into this X / day of Jan ' , 2022, referred to as
Contract Number 7-2022, 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 Abington Volunteer Fire Depaitiuent (hereinafter
"Abington 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 medical response ambulance: 2000 Braun Chief III Ford Chassis
vehicle (hereinafter"Ambulance" or"vehicle") and
WHEREAS, The Ambulance 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, Abington Township, Indiana, located in Wayne County, Indiana, maintains a
volunteer fire department located at 4618 Pottershop Road, Centerville,
Indiana, 47330, and wishes to purchase the surplus Ambulance which is no
longer needed by City; and
WHEREAS, the Abington VFD has requested to purchase the surplus Ambulance.
NOW, THEREFORE, in consideration of the following, including the above stated recitals,
the parties hereby agree as follows:
1. City agrees to sell the 2000 Ambulance, VIN Number:
1FDXE45F91HA44548, which vehicle is surplus property, for a total amount of One Dollar
and Zero Cents ($1.00)to the Abington VFD;
2. In consideration for the transfer of said vehicle, Abington 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. Abington VFD will be responsible for taking possession of the vehicle at its
own cost and expense. Possession shall be tendered to Abington VFD at a place designated
by City,provided that such place must be within the corporate limits of Richmond,Indiana.
Contract No. 7-2022
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4. City agrees to fully and completely execute all necessary documents to
effectuate the transfer of the vehicle.
5. Abington VFD and Abington Township hereby acknowledges and agrees that
City is not a merchant with respect to the goods being transferred pursuant to this Agreement.
6. ABINGTON 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 ABINGTON 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 ABINGTON VFD
AT ANY TIME. ABINGTON 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 ABINGTON VFD, RELATING TO THE USE OF THE VEHICLE,
FOLLOWING ITS DATE OF TENDER TO ABINGTON VFD.
7. Abington 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 Abington 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.
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.
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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" "ABINGTON VFD"
THE CITY OF RICHMOND, INDIANA, ABINGTON TOWNSHIP,INDIANA
by and through its Board of Public Works VOLUNTEER FIRE DEPARTMENT
and Safety 4618 Pottershop Road
Centerville, IN 47330
B 71/
LGL., mak, By:
Vicki Robinson,President James Ausm Fire Chief
C---- • .1.i...tij
By: V Date: v % titi
Emily tialmer,Member
By:
Matt Evans,Member
Date: l J�7--)'
C
APPROVED:
S ,M yyr
Date: pi 3/4477-7.-
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