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HomeMy Public PortalAbout113-2008 Fire - Liberty Fire Department - dive equipmentAGREEMENT This Agreement is made and entered into this _2nd _day of October_, 2008, referred to as Contract Number 113-2008, 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 Liberty Volunteer Fire Department (hereinafter "Liberty VFD"). WHEREAS, City maintains a full time fire department; and WHEREAS, In the course of operating its fire department, City maintains and utilizes various pieces of underwater diving equipment, regulators, buoyancy control devices, and wet suits (collectively "diving equipment") and WHEREAS, The diving equipment is no longer needed by the City for its daily operations and is considered surplus property that may be sold pursuant to Indiana Code 5-22-22-12; and WHEREAS, Liberty, Indiana maintains a volunteer fire department located in Union County, Indiana, at 1 South Fairground, P.O. Box 216, Liberty, Indiana, 47353, and wishes to purchase certain equipment that is no longer needed by City; and WHEREAS, Liberty Volunteer Fire Department has established a dive team; and WHEREAS, No other Volunteer Fire Department in Wayne County, Indiana utilizes a dive team, and the Liberty Volunteer Fire Department dive team wishes to acquire the surplus dive equipment; NOW, THEREFORE, in consideration of the following, including the above stated recitals, the parties hereby agree as follows: 1. City agrees to sell the dive equipment, regulators, buoyancy control devices, and wet suits, which items are surplus property; 2. In consideration for the transfer of said equipment, Liberty VFD agrees to pay the sum of One Dollar ($1.00) to City. Such sum shall be tendered prior to the transfer of the diving equipment. 3. Liberty VFD will be responsible for taking possession of the diving equipment at its own cost and expense. Possession shall be tendered to Liberty VFD 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 diving equipment. Contract No. 113-2008 Page 1 of 3 5. Liberty VFD hereby acknowledges and agrees that City is not a merchant with respect to the goods being transferred pursuant to this Agreement. 6. LIBERTY VFD FURTHER WARRANTS THAT IT HAS INSPECTED THE DIVING EQUIPMENT AND IS TAKING IT IN AN "AS IS" CONDITION. CITY MAKES NO EXPRESS WARRANTY RELATING TO THE DIVING 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 DIVING EQUIPMENT IS EXPRESSLY SUPERCEDED BY THIS AGREEMENT, IS WITHOUT FORCE AND EFFECT, AND LIBERTY VFD EXPRESSLY ACKNOWLEDGES THAT IT IS NOT RELYING UPON SUCH COMMUNICATION WHEN MAKING THE DECISION TO PURCHASE SAID DIVING EQUIPMENT. FURTHER, ANY STATEMENT RELATING TO THE QUALITY OR CHARACTERISTICS OF THE DIVING EQUIPMENT, NOT CONTAINED IN A WRITTEN DOCUMENT SIGNED BY CITY, IS WITHOUT FORCE AND EFFECT AND MAY NOT BE RELIED UPON BY LIBERTY VFD AT ANY TIME. LIBERTY VFD 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 LIBERTY VFD, RELATING TO THE USE OF THE DIVING EQUIPMENT, FOLLOWING ITS DATE OF TENDER TO LIBERTY VFD. 7. Liberty VFD further agrees to indemnify and hold City harmless from any claim, cost, damage or liability relating to the diving equipment, including its condition or use, following the date of delivery of the diving equipment to Liberty VFD. 8. This document contains the entire Agreement between the parties relating to the transfer of the diving equipment and the compensation to be paid for such diving 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. Page 2 of 3 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 Vicki Robinson Vicki Robinson, President By:_S/S Dian Lawson Dian Lawson, Member By:_S/S Mary Jo Flood Mary Jo Flood, Member Date: October 2, 2008 APPROVED: S/S Sarah L. Hutton Sarah L. Hutton, Mayor Date: October 5. 2008 "LIBERTY VFD" LIBERTY, INDIANA VOLUNTEER FIRE DEPARTMENT By:_S/S Dennis Alcorn Dennis Alcorn, Fire Chief Date: October 31, 2008 Page 3 of 3