CONTRACT 4337 Other'14a8a
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 day of .._.... 2012.
By an authorized representative of the El Camino Fire Academy
Sign ire
Primed 'Name
Titic
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"Attachment A"
Surplus Property
70 - Scott 4500 self contained breathing apparatus bottles
40 - Scott 4500 self contained breathing apparatus bottle valves
15 - Scott wire frame breathing apparatus harnesses
50 - Scott voice amplifier units
114 - Scott voice amplifier mounting brackets
°36
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INTER - DEPARTMENTAL CORRESPONDENCE
Date: September 19, 2012.
To: Greg Carpenter City Manager
++
From: Kevin S. Snit',, F ire Chief
Subject: Proposed Donation to El Camino Fire Academy
The El Camino Fire Academy has a constant need for surplus firefighting equipment. We have used
and out of service breathing apparatus parts and related equipment that has not been serviced or
maintained for years. This is not equipment that any Fire Department would likely use and if they
did they would have to ensure the equipment is serviced and certified prior to its use. It is my belief
that this equipment in its current state is of little if any value. It is my recommendation that the
surplus breathing apparatus parts and related equipment be donated to the Fire Academy in an "as is"
condition. Section 1 -713-5 of the El Segundo City Code authorizes the City Manager to approve
surplus property to be donated to governmental, public or quasi - public agencies, etc. per Ordinance
1423, 9 -16 -2008. The Fire Academy is willing to sign an agreement drafted by our City Attorney
that will release the City from liability in relation to this equipment.
The El Camino Fire Academy is renowned as one of the premier fire academies in Southern
California. The Academy has an outstanding record of preparing Firefighters to be hired by
Southern California area fire departments and many of our own members have attended their
Academy prior to being hired by El Segundo. Additionally, the Academy has always been
accommodating in allowing our personnel use of their facilities and equipment for training purposes.
It is for these reasons and others that I believe that donating the surplus breathing apparatus to the El
Camino Fire Academy would be a valuable use of this equipment.
Thank you for your consideration.