The URL can be used to link to this page

Home My Public Portal About130-2014 - Boston Fire Department - Equipment SwapAGREEMENT This Agreement is made and entered into this day of 014, referred to as Contract Number 130-2014, 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 Boston Community Fire Department (hereinafter "BCFD") and Boston Township. WHEREAS, City maintains a full time Fire Department (hereinafter "RFD"); and WHEREAS, In the course of operating its Fire Department, City and RFD maintain and utilize a 1997 Red Chevy Blazer (hereinafter "Blazer") in accordance with Indiana Code (IC) 36-9-6-3; and WHEREAS, The Blazer is longer needed by the City or the RFD for the RFD's daily operations and is considered surplus property that may be transferred to a volunteer fire department pursuant to IC 5-22-22-12(e) either by sale, gift, or by another arrangement acceptable to the City and the volunteer fire department; and WHEREAS, Boston Township, located in Wayne County, Indiana maintains a volunteer fire department located at 102 Salem Street, Boston, Indiana, 47324, and the BCFD wishes to exchange certain property for the Blazer that is no longer needed by City or RFD in accordance with IC 5-22-22-12(e)(3); and WHEREAS, The BCFD has requested to obtain the Blazer in exchange for two (2) R.I.T Bags, twenty (20) MSA SCBA harnesses, fifty (50) MSA air bottles and twenty (20) SCBA masks (collectively hereinafter "SCBA equipment") for the RFD to use for the high school vocational class. NOW, THEREFORE, in consideration of the following, including the above stated recitals, the parties hereby agree as follows: 1. The City and the BCFD, in accordance with IC 5-22-22-12(e)(3) agree to exchange the Blazer, which is surplus property, for the SCBA equipment from the BCFD. 2. In consideration for the transfer of said Blazer, the BCFD agrees to provide the SCBA equipment to the City. Transfer of said property shall be completed on or before December 31, 2014. 3. The BCFD will be responsible for taking possession and title to the Blazer at its own cost and expense. Possession shall be tendered to the BVFD 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 Blazer and the Richmond Fire Chief or his designated agent may execute said documents. BCFD and Boston Township agree to fully and completely execute all necessary documents to effectuate the transfer of the SCBA equipment and the designated agent of the BCFD may execute said documents. Contract No. 130-2014 Page 1 of 3 5. The BCFD and Boston Township hereby acknowledge and agree that City is not a merchant with respect to the goods being transferred pursuant to this Agreement. City also acknowledges and agrees that BCDF and Boston Township are not merchants with respect to the goods being transferred pursuant to this Agreement. 6. THE BCFD AND BOSTON TOWNSHIP FURTHER WARRANT THAT THEY HAVE INSPECTED THE BLAZER AND ARE TAKING SAID VEHICLE IN AN "AS IS" CONDITION. CITY MAKES NO EXPRESS WARRANTY RELATING TO THE BLAZER 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 BLAZER IS EXPRESSLY SUPERSEDED BY THIS AGREEMENT, IS WITHOUT FORCE AND EFFECT, AND THE BCFD AND BOSTON TOWNSHIP EXPRESSLY ACKNOWLEDGE THAT THEY ARE NOT RELYING UPON SUCH COMMUNICATION WHEN MAKING THE DECISION TO ACCEPT SAID BLAZER. FURTHER, ANY STATEMENT RELATING TO THE QUALITY OR CHARACTERISTICS OF THE BLAZER, NOT CONTAINED IN A WRITTEN DOCUMENT SIGNED BY CITY, IS WITHOUT FORCE AND EFFECT AND MAY NOT BE RELIED UPON BY THE BCFD OR THE BOSTON TOWNSHIP AT ANY TIME. THE BCFD AND BOSTON TOWNSHIP FURTHER AGREE THAT IN NO EVENT SHALL CITY BE LIABLE FOR ANY CLAIM, COST, DAMAGE OR LIABILITY, INCLUDING ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES CLAIMED BY THE BCFD, RELATING TO THE USE OF THE BLAZER, FOLLOWING ITS DATE OF TENDER TO THE BCFD AND BOSTON TOWNSHIP. THE CITY FURTHER WARRANTS THAT IT HAS INSPECTED THE SCBA EQUIPMENT AND IS TAKING SAID EQUIPMENT IN AN "AS IS" CONDITION. BCFD AND BOSTON TOWNSHIP MAKE NO EXPRESS WARRANTY RELATING TO THE SCBA EQUIPMENT AND EXPRESSLY DISCLAIM 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 SCBA OR BOSTON TOWNSHIP OR ITS AGENTS, RELATING TO THE QUALITY OR ANY CHARACTERISTIC OF THE SCBA EQUIPMENT IS EXPRESSLY SUPERSEDED BY THIS AGREEMENT, IS WITHOUT FORCE AND EFFECT, AND THE CITY EXPRESSLY ACKNOWLEDGES THAT IT IS NOT RELYING UPON SUCH COMMUNICATION WHEN MAKING THE DECISION TO ACCEPT SAID SCBA EQUIPMENT. FURTHER, ANY STATEMENT RELATING TO THE QUALITY OR CHARACTERISTICS OF THE SCBA EQUIPMENT, NOT CONTAINED IN A WRITTEN DOCUMENT SIGNED BY BCFD OR BOSTON TOWNSHIP, IS WITHOUT FORCE AND EFFECT AND MAY NOT BE RELIED UPON BY THE CITY AT ANY TIME. THE CITY FURTHER AGREES THAT IN NO EVENT SHALL BCFD OR BOSTON TOWNSHIP BE LIABLE FOR ANY CLAIM, COST, DAMAGE OR LIABILITY, INCLUDING ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES CLAIMED BY THE CITY, RELATING TO THE USE OF THE SCBA EQUIPMENT, FOLLOWING ITS DATE OF TENDER TO THE CITY. 7. THE BCFD and Boston Township further agree to indemnify and hold City harmless from any claim, cost, damage or liability relating to the Blazer, including its condition or use, following the date of delivery of the Blazer to the BCFD. The City further agrees to indemnify and hold BCFD and Boston Township harmless from any claim, cost, damage or liability relating to the Page 2 of 3 SC13A equipment, including its condition or use, following the date of delivery of the SCBA equipment to the City. 8. This document contains the entire Agreement between the parties relating to the transfer of the Blazer and the SCBA equipment. Any previous agreement, statement, or communication by and between the parties or their respective agents is expressly superseded 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. 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 �r By: � Vicki Robinson, President Date: ! � 7!��# APPROVA�E: Sarah L. Hutton, Mayor Date: `BCFD" BOSTON COMMUNITY FIRE DEPARTMENT B� Joseph P. Buckler, Fire Chief Date: /Z - / 3 - /4 BOSTON TOWNSHIP by and through its Township Trustee Patrick Stack, Boston Township Trustee Date:/o�- Page 3 of 3