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HomeMy Public PortalAbout093-2005 City & Economy Fire Dept.AGREEMENT This Agreement is made and entered into this _6thday of _July , 2004, referred to as Contract Number 93-2005, 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 Economy Volunteer Fire Department (hereinafter "Economy"). 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, Economy 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's serial numbers NV 168002 NU047165 NN133458 NU024123 NU346096 NU34078 Bottle numbers 56432 52806 68852 56550 68521 22618 22638 22629 56684 22488 56620 62690 2. In consideration for the transfer of said equipment, Economy agrees to pay the sum of One Dollar ($1.00) to City. Such sum shall be tendered prior to the transfer of the equipment. 3. Economy will be responsible for taking possession of the equipment at its own cost and expense. Possession shall be tendered to Economy 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. Contract No. 93-2005 Pagel of 3 5. Economy hereby acknowledges and agrees that City is not a merchant with respect to the goods being transferred pursuant to this Agreement. 6. ECONOMY 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COMMUNICATION MADE BY CITY OR ITS AGENTS, RELATING TO THE QUALITY OR ANY CHARACTERISTIC OF THE EQUIPMENT IS EXPRESSLY SUPERCEDED BY THIS AGREEMENT, IS WITHOUT FORCE AND EFFECT, AND ECONOMY EXPRESSLY ACKNOWLEDGES THAT IT IS NOT RELYING UPON SUCH COMMUNICATION WHEN MAKING THE DECISION TO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 ECONOMY AT ANY TIME. ECONOMY 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 ECONOMY, RELATING TO THE USE OF THE EQUIPMENT, FOLLOWING ITS DATE OF TENDER TO ECONOMY. 7. Economy 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 Economy. 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. 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. Page 2 of 3 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 "ECONOMY" ECONOMY VOLUNTEER FIRE DEPARTMENT By:S/S Scott Greg) Title: Chief Date: —July 6, 2005 Page 3 of 3