HomeMy Public PortalAbout091-2005 City Boston Fire DeptAGREEMENT
This Agreement is made and entered into this _23rd_day of _June , 2004, referred to
as Contract Number 91-2005, 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 Boston Volunteer Fire
Department (hereinafter "Boston").
WHEREAS, City maintains a full time fire department; and
WHEREAS, In the course of operating its fire department, City maintains and
utilizes various MSAs, SCBAs, and Bottles (hereinafter "equipment"); and
WHEREAS, certain equipment is no longer needed by the City for its daily
operations; and
WHEREAS, Boston maintains a volunteer fire department and wishes to
purchase certain equipment that is no longer needed by City.
NOW, THEREFORE, in consideration of the following, including the above
stated recitals, the parties hereby agree as follows:
1. City agrees to sell:
SCBA serial number:
Bottle numbers
NV170026
68846
56589
NV10012
68513
10945
NV175016
22611
56417
NV047166
22627
22311
NS208053
68887
22496
TO1944170
22468
56546
NV175012
22570
68843
NU109033
10945
10945
NU109145
52602
22346
NU109141
56462
52582
NV175020
68525
68825
NR337367
22429
56569
NU101010
22371
22616
NV175021
22440
22558
2. In consideration for the transfer of said equipment, Boston agrees to pay
the sum of One Dollar ($1.00) to City. Such sum shall be tendered prior to the transfer of
the equipment.
Contract No. 91-2005
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3. Boston will be responsible for taking possession of the equipment at its
own cost and expense. Possession shall be tendered to Boston at a place designated by
City, provided that such place must be within the corporate limits of Richmond, Indiana.
4. City agrees to fully and completely execute all necessary documents to
effectuate the transfer of the equipment.
5. Boston hereby acknowledges and agrees that City is not a merchant with
respect to the goods being transferred pursuant to this Agreement.
6. BOSTON FURTHER WARRANTS THAT IT HAS INSPECTED
THE EQUIPMENT AND IS TAKING IT 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 BOSTON 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 BOSTON AT ANY TIME.
BOSTON 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
BOSTON, RELATING TO THE USE OF THE EQUIPMENT, FOLLOWING ITS
DATE OF TENDER TO BOSTON.
7. Boston further agrees 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 Boston.
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 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.
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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"
THE CITY OF RICHMOND,
INDIANA, by and through its Board of
Public Works and Safety
By:_S/S John Kenny
John Kenny, Chairman
Date: June 23, 2005
APPROVED: S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: June 24, 2005
`BOSTON"
BOSTON VOLUNTEER FIRE
DEPARTMENT
By:_S/S John Lakes
Title:
Date: June 27, 2005
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