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
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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.
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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
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