HomeMy Public PortalAbout094-2005 City & Cambridge City FirAGREEMENT
This Agreement is made and entered into this _23rd_day of June , 2005, referred to
as Contract Number 94-2005, 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 Cambridge City Volunteer Fire
Department (hereinafter "Cambridge City").
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, Cambridge City 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
NR337364
NR337365
TO194182
NR337366
10558
NO172876
NO192985
TO194261
NO172885
Bottle numbers
OV17386
ALT649-17593
ALT649-47371
ALT649-62667
ALT649-54304
ALT649-54321
OV016858
ALT649-54030
ALT649-39899
OV24726
ALT649-21885
OV17087
OV01225
OV13845
OV01148
OV24437
ALT649-55249
OV13818
ALT649-21876
OV17226
OV01113
OV24337
ALT649-21870
OV13831
ALT649-29648
ALT649-29297
ALT649-22263
OV30564
ALT649-30553
2. In consideration for the transfer of said equipment, Cambridge City 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. 94-2005
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3. Cambridge City will be responsible for taking possession of the equipment
at its own cost and expense. Possession shall be tendered to Cambridge City 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. Cambridge City hereby acknowledges and agrees that City is not a
merchant with respect to the goods being transferred pursuant to this Agreement.
6. CAMBRIDGE CITY 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 CAMBRIDGE CITY 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 CAMBRIDGE CITY AT ANY
TIME. CAMBRIDGE CITY 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 CAMBRIDGE CITY, RELATING TO THE USE OF
THE EQUIPMENT, FOLLOWING ITS DATE OF TENDER TO CAMBRIDGE
CITY.
7. Cambridge City 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 Cambridge City.
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.
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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.
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
" CAMBRIDGE CITY"
CAMBRIDGE CITY VOLUNTEER
FIRE DEPARTMENT
By:_S/S David Shank
Title: Fire Chief
Date: —August 1, 2005
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