CONTRACT 3477 OtherS4 7 7 . :_
AGREEMENT REGARDING
DONATION OF SURPLUS PROPERTY BY
THE CITY OF EL SEGUNDO.
This contract arises from the City of El Segundo's offer to donate and El Camino Fire Academy's
offer to accept all of City's right, title, and interest in the surplus property listed in the attached
Attachment "A" ( "Surplus Property "). In consideration of being permitted to accept the Surplus
Property, El Camino Fire Academy agrees to the following:
1. El Camino Fire Academy agrees and represents that El Camino Fire Academy read,
understands, and agrees to the City's rules and policies for purchasing the Surplus Property.
2. El Camino Fire Academy 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. El Camino Fire Academy agrees to assume all liability for the
Surplus Property and understands that all property is sold "As is" and "Where is." El Camino
Fire Academy 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 FULL EXTENT SUCH
MAY BE DISCLAIMED BY LAW.
3. El Camino Fire Academy understands and agrees that El Camino Fire Academy 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. El Camino Fire Academy releases, waives, discharges, and covenants not to sue the City of
El Segundo, its elected and appointed officials, agents, volunteers, and employees (collectively,
"Releasees ") from all liability for any loss or damage, and any claim or demands on account of
personal or property injury, whether caused by Releasees' negligence or otherwise arising from
my purchase or subsequent use of the Surplus Property.
5. El Camino Fire Academy 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. El Camino Fire Academy will pay all costs incident to any claim,
including, without limitation, reasonable attorneys' fees.
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6. El Camino Fire Academy 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 must,
notwithstanding, continue in full legal force and effect.
Signed this _a__L day of 1 52005.
By an authorized rep res tative of the El Camino Fire Academy
2M am�-
Signature
Printed Name
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"Attachment A"
Surplus Property
13 used fire helmets
4?
EL SEGUNDO CITY COUNCIL MEETING DATE: August 17, 2004
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to approve the disposal of 50 out -of- service, surplus fire
helmets. Authorize their donation to area fire academies and /or the Guaymas Fire
Department. Fiscal Impact: None
RECOMMENDED COUNCIL ACTION:
1) Authorize the donation of 50 surplus fire helmets to area fire academies (upon the execution
of a hold harmless agreement indemnifying the city of future liability associated with their use);
2) If there are any helmets remaining, authorize the donation of helmets to the Guaymas Fire
Department; 3) Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
Fire helmets for suppression members were replaced earlier this year. The department has 50
helmets that need to be disposed of.
Local fire academies have made a request for donations of any and all firefighting equipment
considered out -of- service /surplus by area fire departments. The El Segundo Fire Department
received a request from La Habra Heights Fire Department Academy for a donation of our
surplus helmets after learning of the recent helmet replacements. El Camino Fire Academy
has also made similar request for equipment.
Council in the past has approved donations to El Segundo's sister city in Guaymas, Mexico.
Staff has recommended they be considered for the surplus helmets if there are any remaining
after the above donations.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: None
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required: _Yes No
ORIGINATED BY: DATE: 08/02/04
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Norm Angelo, Fire Chief
REVIEWED BY: DATE:
Mary Strenn, City Manager
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