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HomeMy Public PortalAbout203-2022 - Fire - Abington Fire Department - Donating Surplus Vehichle AGREEMENT This Agreement is made and entered into this 04,.. day of Decd....4.e , 2022, referred to as Contract Number 203-2022, 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 Department (hereinafter "Abington VFD"). WHEREAS, City maintains a fhll-time fire department; and WHEREAS, In the course of operating its lire department, City maintains and utilizes a surplus apparatus vehicle: 1995 Pierce Fire Engine vehicle (hereinafter "Vehicle"); and WHEREAS, The Vehicle is 110 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 Vehicle which is no longer needed by City; and WHEREAS, The Abington VFD has requested to purchase the surplus Vehicle. NOW, THEREFORE, in consideration of the following, including the above stated recitals, the parties hereby agree as follows: fr 1. City agrees to sell the 1995 Vehicle, VIN Number: 4P1CT02U4SA000513 V& 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 stun of One Dollar and. Zero Cents ($1.00) to City. Such stun 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. .203-2022, Page I o:C 3 AGREEMENT This Agreement is made and entered into tins ,2 21:2dday of-VW , 2022, referred to as Contract Number 203-2022, 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 Department (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 apparatus vehicle: 1995 Pierce Fire Engine vehicle (hereinafter "Vehicle"); and WHEREAS, The Vehicle 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 Vehicle which is no longer needed by City; and WHEREAS, The Abington VFI) has requested to purchase the surplus Vehicle. NOW, THEREFORE, in consideration of the .following, including the above stated recitals, the parties hereby agree as follows: 1. City agrees to sell the 1995 Vehicle, .V.IN Number: 1FDXE45F91.HA44548, which Vehicle is surplus property, for a total amount of One Dollar and Zero Cents ($1..00) to the Abington YID; 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 Abin.gton 'VFD at a place designated by City,provided that such place must be within the corporate limits of Richmond, Indiana. Contract No. 203-2022.. Page 1 of 3 4. City agrees to fully and completely execute all necessary documents to effectuate the transfer of the Vehicle. 5. Abington WI) 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 TTAKING SAID VEHICLE IN AN "AS IS" CONDITION. CITY MAKES NO EXPRESS WARRANTY RELATING 17() 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 AGEN'TS, RELATING TO 'TITE QUALITY OR ANY CHARACTERISTIC OF THE VIE.HICLE IS EXPRESSLY SUPERCEDED BY THIS AGREEMENT, IS WITHOUT FORCE AND EFFECT, AND ABINGTON 'YID 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 Al 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 VD), RELATING 'TO TRE 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. Page 2 of 3 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" "ABTNGTON 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 By: By: Vicki Robinson,President James Ault us,Fire Chief Date: Emily Palmer, Member att Evans, Member Date: 1"? APPROVED:_ Sn Wor Date: ri 56 7-021. Page 3 of 3