CONTRACT 5943 OtherAgreement No. 5943
RELEASE, WAIVER AND INDEMNITY AGREEMENT
REGARDING DONATION OF SURPLUS PROPERTY BY
THE CITY OF EL SEGUNDO
This Agreement arises from the City of El Segundo's ("CITY") offer to donate and
El Camino Community College Foundation offer to accept all of CITY's right, title, and
interest in the surplus property described as: one 1993 Pierce Lance triple combination
pumper (VIN # 4PICT02G1PA000230) labeled Engine 34 ("Surplus Property"). In
consideration of being permitted to accept the Surplus Property, the El Camino
Community College Foundation ("ORGANIZATION") agrees to the following:
1. ORGANIZATION agrees and represents that ORGANIZATION has read,
understands, and agrees to the CITY's rules and policies for purchasing the Surplus
Property.
2. ORGANIZATION understands and agrees that the description of Surplus Property
offered for donation was compiled from available data, and there is no guaranty or
warranty as to number, condition or quality. ORGANIZATION agrees to assume all
liability for the Surplus Property and understands that all property is sold "As is." To this
end, CITY directs ORGANIZATION's attention to the attached Exhibit "A" which
describes and documents a recent annual preventative maintenance performed on
February 21, 2020. The inspection was conducted by Southern California Fleet Services
and revealed some recommended repairs that should be addressed or inspected further
prior to the engine being used for fire academy training purposes. ORGANIZATION
agrees to assume any cost of weighing, packaging, crating, loading or hauling. THE
CITY DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO
EVENT WILL THE CITY BE LIABLE FOR DAMAGES IN EXCESS OF THE
PURCHASE PRICE OF THE EQUIPMENT. IN NO EVENT WILL THE CITY BE
LIABLE FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE,
COMMERCIAL LOSS, LOST PROFITS OR SAVINGS OR OTHER INCIDENTAL,
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OR INABILITY TO USE THE EQUIPMENT, TO THE FULLEST EXTENT SUCH MAY
BE DISCLAIMED BY LAW.
3. ORGANIZATION understands and agrees that ORGANIZATION was provided the
opportunity to inspect the Surplus Property before accepting it as a donation. Under no
circumstances will the CITY accept a return of the Surplus Property on account of
property not coming up to the standard expected nor will failure to inspect the Surplus
Property be considered grounds for a claim against the CITY.
4. ORGANIZATION releases, waives, discharges, and covenants not to sue the City of
El Segundo, its elected and appointed officials, agents, volunteers, and employees
Page 1 of 2
Agreement No. 5943
(collectively, "Releasees") from all liability for any loss or damage, and any claim or
demands on account of personal injury or property damage, whether caused by
Releasees' negligence or otherwise arising from ORGANIZATION's purchase or
subsequent use of the Surplus Property.
5. ORGANIZATION agrees to indemnify and hold the Releasees harmless from and
against any and all claims arising from use of the Surplus Property whether caused by
Releasees' negligence or otherwise. ORGANIZATION will pay all costs incident to any
claim, including, without limitation, reasonable attorneys' fees.
6. ORGANIZATION expressly agrees that the foregoing release, waiver, and indemnity
agreement is intended to be as broad and inclusive as is permitted by the law of the
State of California and that if any portion is held invalid, it is agreed that the balance will,
notwithstanding, continue in full legal force and effect.
Signed this day of August, 2020.
EL CAMINO COI" M N.ITY-COLtE.G..E FOUNDATION
M
JE-FI OAUMUNK, CHIEF
[PUBLIC SAFETY DIRECTOR]
Page 2 of 2