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VEHICLE IS EXPRESSLY SUPERSEDED BY THIS AGREEMENT, IS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