HomeMy Public PortalAbout010-2010 - Fire - Webster FD - sale of surplus fire trucksAGREEMENT
This Agreement is made and entered into this _4th _day of _February_, 2010, referred to
as Contract Number 10-2010, 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 Webster Township Volunteer
Fire Department (hereinafter "Webster VFD") and Webster Township.
WHEREAS, City maintains a full time fire department; and
WHEREAS, In the course of operating its fire department, City maintains and utilizes
two (2) surplus fire trucks (collectively "fire trucks") and
WHEREAS, The fire trucks are 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, Webster Township, located in Wayne County, Indiana maintains a
volunteer fire department located at 5122 Main Street, P.O. Box 4,
Webster, Indiana, 47392, and wishes to purchase the surplus fire trucks
that are no longer needed by City; and
WHEREAS, Webster Township Volunteer Fire Department has requested to purchase the
surplus fire trucks.
NOW, THEREFORE, in consideration of the following, including the above stated
recitals, the parties hereby agree as follows:
1. City agrees to sell the two (2) fire trucks, which items are surplus property,
for a total amount of Ten Thousand Five Hundred Dollars and Zero Cents ($10,500.00) to the
Webster VFD;
2. In consideration for the transfer of said fire trucks, Webster VFD agrees to
pay the sum of One Thousand Dollars ($1,000.00) to City. Such sum shall be tendered
prior to the transfer of the fire trucks. Webster Township agrees to remit the remaining
sum of Nine Thousand Five Hundred ($9,500.00) to the City from their fire fund after the
transfer of the fire trucks, which transfer and payment shall be no later than February 28,
2010.
3. Webster VFD will be responsible for taking possession of the fire trucks at
its own cost and expense. Possession shall be tendered to Webster VFD at a place
designated by City, provided that such place must be within the corporate limits of
Richmond, Indiana.
Contract No. 10-2010
Page 1 of 3
4. City agrees to fully and completely execute all necessary documents to
effectuate the transfer of the fire trucks.
5. Webster VFD and Webster Township hereby acknowledges and agrees
that City is not a merchant with respect to the goods being transferred pursuant to this
Agreement.
6. WEBSTER VFD FURTHER WARRANTS THAT IT HAS
INSPECTED THE FIRE TRUCKS AND IS TAKING BOTH FIRE TRUCKS IN
AN "AS IS" CONDITION. CITY MAKES NO EXPRESS WARRANTY
RELATING TO THE FIRE TRUCKS 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 FIRE TRUCKS IS EXPRESSLY SUPERCEDED
BY THIS AGREEMENT, IS WITHOUT FORCE AND EFFECT, AND WEBSTER
VFD EXPRESSLY ACKNOWLEDGES THAT IT IS NOT RELYING UPON
SUCH COMMUNICATION WHEN MAKING THE DECISION TO PURCHASE
SAID FIRE TRUCKS. FURTHER, ANY STATEMENT RELATING TO THE
QUALITY OR CHARACTERISTICS OF THE FIRE TRUCKS, NOT
CONTAINED IN A WRITTEN DOCUMENT SIGNED BY CITY, IS WITHOUT
FORCE AND EFFECT AND MAY NOT BE RELIED UPON BY WEBSTER VFD
AT ANY TIME. WEBSTER 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 WEBSTER VFD, RELATING TO THE
USE OF THE FIRE TRUCKS, FOLLOWING ITS DATE OF TENDER TO
WEBSTER VFD.
7. Webster VFD and Webster Township further agree to indemnify and hold
City harmless from any claim, cost, damage or liability relating to the fire trucks,
including its condition or use, following the date of delivery of the fire trucks to Webster
VFD.
8. This document contains the entire Agreement between the parties relating
to the transfer of the fire trucks and the compensation to be paid for such fire trucks. 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.
Page 2 of 3
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 Vicki Robinson
Vicki Robinson, President
By:_S/S Dian Lawson
Dian Lawson, Member
By:_S/S Mary Jo Flood
Mary Jo Flood, Member
Date: February 4, 2010
APPROVED: S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: February 5, 2010
"WEBSTER VFD"
WEBSTER, INDIANA VOLUNTEER
FIRE DEPARTMENT
By:_S/S Dennis Hollingsworth
Dennis Hollingsworth, Fire Chief
Date: February 10, 2010
WEBSTER TOWNSHIP by and through
its Township Trustee
By:_S/S Phyllis Fultz
Phyllis Fultz, Webster Township
Trustee
Date:_February 9, 2010
Page 3 of 3