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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