Loading...
HomeMy Public PortalAbout107-2005 BOW _Police_ & Wayne Co.AGREEMENT This Agreement is made and entered into this _28th_day of _July , 2005, referred to as Contract Number 107-2005, 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 Wayne County Emergency Management Office (hereinafter "WCEMO"). WHEREAS, City maintains a full time police department; and WHEREAS, In the course of operating its police department, City maintains and utilizes various vehicles; and WHEREAS, a certain vehicle is no longer needed by the City for its daily operations; and WHEREAS, WCEMO is in need of a certain vehicle and wishes to purchase a certain vehicle 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 a white 1987 Ford Econoline Van, Vehicle Identification No. 1FTFEZ4HHH8373371. 2. In consideration for the transfer of said vehicle, WCEMO agrees to pay the sum of One Dollar ($1.00) to City. Such sum shall be tendered prior to the transfer of the vehicle. 3. WCEMO will be responsible for taking possession of the vehicle at its own cost and expense. Possession shall be tendered to WCEMO 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 vehicle. 5. WCEMO hereby acknowledges and agrees that City is not a merchant with respect to the vehicle being transferred pursuant to this Agreement. Contract No. 107-2005 Pagel of 3 6. WCEMO FURTHER WARRANTS THAT IT HAS INSPECTED THE VEHICLE AND IS TAKING IT IN AN "AS IS" CONDITION. CITY MAKES NO EXPRESS WARRANTY RELATING TO THE VEHICLE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, 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OR COMMUNICATION MADE BY CITY OR ITS AGENTS, RELATING TO THE QUALITY OR ANY CHARACTERISTIC OF THE VEHICLE IS EXPRESSLY SUPERSEDED BY THIS AGREEMENT, IS WITHOUT FORCE AND EFFECT, AND WCEMO EXPRESSLY ACKNOWLEDGES THAT IT IS NOT RELYING UPON SUCH COMMUNICATION WHEN MAKING THE DECISION TO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 WCEMO AT ANY TIME. WCEMO 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 WCEMO, RELATING TO THE USE OF THE VEHICLE, FOLLOWING ITS DATE OF TENDER TO WCEMO. 7. WCEMO 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 WCEMO. 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. 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:_July 28, 2005 APPROVED: S/S Sarah L. Hutton Sarah L. Hutton, Mayor Date: Julv 29. 2005 "WCEMO" Wayne County Emergency Management Office LI-M Title: —Chief Date: —August 1, 2005 Page 3 of 3