Loading...
CONTRACT 4255 Public Works ContractPUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGNDO AND MALCOLM AU'S PARENT/GUARDIAN This CONTRACT is entered into this 10th day of April, 2012, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ") and MALCOLM AU'S PARENT/GUARDIAN ( "the Volunteer"). 1. RECITALS. The parties enter into the Contract Documents with the following understandings: A. Volunteer will provide all work and materials required by the Contract Documents at no charge to the City; B. The City, by Resolution No. 4774 adopted on April 3, 2012, awarded the Work to the Volunteer based upon a determination that the City would not expend any public resources for completion of the Work (the "Award "); C. Based upon these understandings, the City believes that it is in the public interest for it to amend its standard public works contracts in order to recognize the volunteer and charitable contributions made by the Volunteer to complete the Work. 2. WAIVERS AND CHANGES TO CONTRACT DOCUMENTS. The Contract Documents are amended to reflect the following: A. Any language that reflects payment of monies from City to the Volunteer for completion of the Work is deleted from the Contract Document including, without limitation, compensation for materials and labor; delay damages; or other form of compensation; and B. The insurance provided by the Volunteer to the City satisfies the requirements of the Contract Documents and, upon the City being named as an additional insured as otherwise required by the Contract Documents, will be accepted by City. 3. PREVAILING WAGES. While the Award found that the Work was exempt from the prevailing wage requirements, Volunteer may be required by applicable state law including, without limitation Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, 1776, and 1777.5, to pay its workers prevailing wages. It is Volunteer's responsibility to interpret and implement any prevailing wage requirements and Volunteer agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from City's Engineering Y ; ri✓ Division or the website for State of California Prevailing wage determination at LgPL//—w-w-w-.-di-r-ca.qov/DLSRIPWD- A copy of the prevailing rate of per diem wages must be posted at the job site. 4. WORK. A. The Volunteer will provide all work required by the Contract Documents (the "Work "). The Volunteer agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Volunteer and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Volunteer will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Volunteer by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Volunteer for the Work. The Contract Documents constitute the complete agreement between the City and the Volunteer and supersede any previous agreements or understandings. 0 f IN 5. CONTRACT SUM. The Volunteer represented to the City, and the Award was based upon this representation, that the Work will be completed at no cost to City. Accordingly, City will pay the Volunteer zero dollars ($0.00) the Work in the manner set forth in the Contract Documents. 6. TIME FOR PERFORMANCE. A. The Volunteer will fully complete the Work within 21 working days (the "Contract Time. ") B. The Contract Time will commence when the City issues a notice to proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Volunteer may not perform any Work until: K ,d The Volunteer furnishes proof of insurance as required by the Contract Documents; and The City gives the Volunteer a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Volunteer represents to the City that the Contract Time is reasonable for completion of the Work and that the Volunteer will complete the Work within the Contract Time. E. Should the Volunteer begin the Work before receiving written authorization to proceed, any such Work is at the Volunteer's own cost and risk. 7. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240- 10240.13. 8. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Volunteer regarding third -party claims against the Volunteer, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Volunteer agrees to indemnify and defend the City against any third - party claim. 9. TAXPAYER IDENTIFICATION NUMBER. The Volunteer will provide the City with a Taxpayer Identification Number. 0 1 k 10. PERMITS AND LICENSES. Unless otherwise provided, the Volunteer, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. NIPS 11. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Volunteer under the Contract Documents are the City's property. The Volunteer may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 12. INDEMNIFICATION. The Volunteer agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Volunteer as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Volunteer pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. K ��� F 13. INDEPENDENT VOLUNTEER. The City and the Volunteer agree that the Volunteer will act as an independent Volunteer and will have control of all work and the manner in which is it performed. The Volunteer will be free to contract for similar service to be performed for other employers while under contract with the City. The Volunteer is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Volunteer as to the details of doing the work or to exercise a measure of control over the work means that the Volunteer will follow the direction of the City as to end results of the work only. 14. AUDIT OF RECORDS. The Volunteer will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Volunteer will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 15. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: City of El Segundo Attn: Recreation & Parks 350 Main St. El Segundo, CA. 90245 Malcom Au's Parent/Guardian 712 W. Oak Ave. El Segundo, CA. 90245 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 16. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Volunteer and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Volunteer's or the City's obligations under this Contract. 17. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 18. BUSINESS LICENSE. Volunteer and all sub - Volunteers must obtain a City Business License before executing this Contract. lj(ft 0 dj 19. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 20. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 21.AUTHORITY /MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 22. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 23. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 24. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 25. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. 5 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY F EI S UNDO `3112 Greg C.Apentev Malcolm 's Paren Guardian City MWnager (Jane Au) ATTE T: CityjCle APPROVED AS TO CONTENT: ublic Works Dir ctor AP PPOVED AS ORM 0,�,, Attorney X11 �- l i V, , uh , (2,4 c. < < -- a 2 Malcolm Au Eagle Scout Service Project Eagle Scout Service Project Camp Eucalyptus Introduction Camp Eucalyptus, located in the heart of El Segundo, is primarily dedicated to the local Girl Scout Organization. It currently serves over 8 troops and is open on week- nights and weekends for special events and campouts. Some of the camp equipment are well used and in need of repair and replacement. My Eagle Scout Service Project involves the following: 1. Remove the existing fire circle and build a new fire circle in its place; 2. Improve drainage for the water spout; and 3. Painting a mural (optional) on the North face of the Girl Scout House. 1. Fire Circle: The fire circle at Camp Eucalyptus more than 30 years old and can no longer serve its purpose. This is the major element in my eagle project. I plan to tear down and replace the fire circle in 5 steps. Step 1: Have a professional worker mechanically break down and loosen the stones from the existing fire circle into smaller pieces for easy removal from the site Step 2: Have volunteers further break down the stones with sledge hammers for removal. Step 3: Dig a 18 inch trench and prepare the ground for brick laying. Step 4: Clean up and line in b inches of gravel in the fire circle to facilitate drainage. Step 4: Have a professional Mason Iay in the first layer the countryside brick into the ground. Step 5: Three additional layers will be added to the top and cemented to the first layer. Wire mesh may be used to strengthen the bond between the bricks. MalcoBm Au Eagle Scout Service Project 2. Water Spout When used, the water from the spout collects and creates a pool of water around the bottom of the spout making the area soggy and muddy. My plan is to install a proper drainage system for the water collection area. Step 1: Dig a 12 in deep hole, 2x2 ft2 wide. Step 2: Fill the hole with gravel to improve the proper flow of water. Step 3: Border the 2x2 feet square with treated wood to keep gravel in place. Step 4: Replace the spout with a longer water pipe so the water spout is above the ground by 1 -2 feet (optional). 3. Mural Wall (Optional) The wall is bare and haw no painting on it J The camp director for the girl scouts suggested we paint a mural with flowers relating to the 10 elements of the Girl Scout Law. Neal Von Flue will be assisting me with the painting. he will supervise and volunteers will help him paint. He will draw a sketch on the wall itself and volunteers will paint between the lines. Timelines and Costing The plan is to have the project completed before the Summer in time for the Girl Scout Summer campout. I plan to complete the project in one weekend, but am prepared to stretch to a second weekend if needed. We need an estimate of 20 volunteers at a time to help with bricks, digging, painting and other odd jobs. The total cost for the entire project is estimated to be no more than $600; which covers the cost of supplies, materials, food and refreshments for the volunteers on the work day. VOLUNTEER LIABILITY WAIVER In consideration of being permitted to participate in MALCOLM AU'S EAGLE SCOUT Project ("Project "), and all activities associated with such participation, I agree to the following: 1. I agree and represent that I have inspected, or immediately upon entering the public property will inspect, the premises and facilities. My entry onto the public property for all purposes associated with the Project, including, without limitation, participation or use of any facilities or equipment, constitutes an acknowledgment that such premises and all facilities and equipment were inspected and that I find and accept them as being safe and reasonably suited for the purposes of my participation in this Program. 2. 1 release, waive, discharge, and covenant on behalf of myself not to sue the City of El Segundo, its elected and appointed officials, agents, volunteers, and employees ("Releasees ") from all liability to me for any loss or damage, and any claim or demands on account of personal or property injury or because of my, whether caused by Releasees' negligence or otherwise, while I participate in the Program. 3. 1 agree to indemnify and hold the Releasees harmless from and against any and all claims arising from my, or my child's, participation in the Program, whether caused by Releasees' negligence or otherwise. I will pay all costs incident to any claim, including, without limitation, attorneys' fees. 4. 1 expressly agree 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 shall, notwithstanding, continue in full legal force and effect. I have read and voluntarily sign the release and waiver of liability and indemnity agreement, and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. Date: A, t Z ;1 Signa AA Name: tiv � -Dr-a Age: 15 Address: }71_2- 11� 8A4 Ave , 1?,l Phone #: [ - 2 b 0(%D 6f� 61 0�K VOLUNTEER LIABILITY WAIVER In consideration of being permitted to participate in MALCOLM AU'S EAGLE SCOUT Project ( "Project "), and all activities associated with such participation, I agree to the following: 1. I agree and represent that I have inspected, or immediately upon entering the public property will inspect, the premises and facilities. My entry onto the public property for all purposes associated with the Project, including, without limitation, participation or use of any facilities or equipment, constitutes an acknowledgment that such premises and all facilities and equipment were inspected and that I find and accept them as being safe and reasonably suited for the purposes of my participation in this Program. 2. 1 release, waive, discharge, and covenant on behalf of myself not to sue the City of El Segundo, its elected and appointed officials, agents, volunteers, and employees ( "Releasees ") from all liability to me for any foss or damage, and any claim or demands on account of personal or property injury or because of my, whether caused by Releasees' negligence or otherwise, while I participate in the Program. 3. 1 agree to indemnify and hold the Releasees harmless from and against any and all claims arising from my, or my child's, participation in the Program, whether caused by Releasees' negligence or otherwise. I will pay all costs incident to any claim, including, without limitation, attomeys' fees. 4. 1 expressly agree 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 shall, notwithstanding, continue in full legal force and effect. have read and voluntarily sign the release and waiver of liability and indemnity agreement, and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. Date: Sigi 're Name: Age: ,- Address 1 u � Phone oral �W#-) VOLUNTEER LIABILITY WAIVER In consideration of being permitted to participate in MALCOLM AU'S EAGLE SCOUT Project ( "Project" ), and all activities associated with such participation, I agree to the following: I agree and represent that I have inspected, or immediately upon entering the public property will inspect, the premises and facilities. My entry onto the public property for all purposes associated with the Project, including, without limitation, participation or use of any facilities or equipment, constitutes an acknowledgment that such premises and all facilities and equipment were inspected and that I find and accept them as being safe and reasonably suited for the purposes of my participation in this Program. 2. 1 release, waive, discharge, and covenant on behalf of myself not to sue the City of El Segundo, its elected and appointed officials, agents, volunteers, and employees ("Releasees") from all liability to me for any loss or damage, and any claim or demands on account of personal or property injury or because of my, whether caused by Releasees' negligence or otherwise, while I participate in the Program. 3. 1 agree to indemnify and hold the Releasees harmless from and against any and all claims arising from my, or my child's, participation in the Program, whether caused by Releasees' negligence or otherwise. I will pay all costs incident to any claim, including, without limitation, attomeys' fees. 4. 1 expressly agree 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 it any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I have read and voluntarily sign the release and waiver of liability and indemnity agreement, and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. Date; .. Name:........ .................. :.. "i'. i Address-, � r phorl e t. gnature .mm. .......................mmmm.. mmm ............. mm._... ..........._.._................ Age: (1)"'W vvk"� 1)64) Z VOLUNTEER LIABILITY WAIVER In consideration of being permitted to participate in MALCOLM AU'S EAGLE SCOUT Project ( "Project "), and all activities associated with such participation, I agree to the following: 1. I agree and represent that I have inspected, or immediately upon entering the public property will inspect, the premises and facilities. My entry onto the public property for all purposes associated with the Project, including, without limitation, participation or use of any facilities or equipment, constitutes an acknowledgment that such premises and all facilities and equipment were inspected and that I find and accept them as being safe and reasonably suited for the purposes of my participation in this Program. 2. 1 release, waive, discharge, and covenant on behalf of myself not to sue the City of El Segundo, its elected and appointed officials, agents, volunteers, and employees ( "Releasees ") from all liability to me for any loss or damage, and any claim or demands on account of personal or property injury or because of my, whether caused by Releasees' negligence or otherwise, while I participate in the Program. 3. 1 agree to indemnify and hold the Releasees harmless from and against any and all claims arising from my, or my child's, participation in the Program, whether caused by Releasees' negligence or otherwise. I will pay all costs incident to any claim, including, without limitation, attomeys' fees. 4. 1 expressly agree 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 Califomia and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I have read and voluntarily sign the release and waiver of liability and indemnity agreement, and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. Date: . e r.—..,, signature Name: ,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,, ,,,,,,,,,,,�,,,,,,,,,,..,.,,,,, , ,,,,,,,,,,,,,,,,,,,,_,,,,,,,,,,,,, ,,,,,,,,,,,,,,,mm,,,,,,.._...... ,.. ,,,,.,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. Age: ... Address: COE' 6A0'feJ- 6�ft� Phone : 4255 VOLUNTEER LIABILITY WAIVER In consideration of being permitted to participate in MALCOLM AU'S EAGLE SCOUT Project ( "Project "), and all activities associated with such participation, I agree to the following: 1. I agree and represent that I have inspected, or immediately upon entering the public property will inspect, the premises and facilities. My entry onto the public property for all purposes associated with the Project, including, without limitation, participation or use of any facilities or equipment, constitutes an acknowledgment that such premises and all facilities and equipment were inspected and that I find and accept them as being safe and reasonably suited for the purposes of my participation in this Program. 2. 1 release, waive, discharge, and covenant on behalf of myself not to sue the City of El Segundo, its elected and appointed officials, agents, volunteers, and employees ("Releasees") from all liability to me for any loss or damage, and any claim or demands on account of personal or property injury or because of my, whether caused by Releasees' negligence or otherwise, while I participate in the Program. 3. 1 agree to indemnify and hold the Releasees harmless from and against any and all claims arising from my, or my child's, participation in the Program, whetter caused by Releasees' negligence or otherwise. I will pay all costs incident to any claim, including, without limitation, attomeys' fees. 4. l expressly agree 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 shall, notwithstanding, continue in full legal force and effect. I have read and voluntarily sign the release and waiver of liability and indemnity agreement, and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. 4 Date:i Name: Address: ____ Phone # I VOLUNTEER LIABILITY WAIVER In consideration of being permitted to participate in MALCOLM AU'S EAGLE SCOUT Project ("Project "), and all activities associated with such participation, I agree to the following: 1. I agree and represent that I have inspected, or immediately upon entering the public property will inspect, the premises and facilities. My entry onto the public property for all purposes associated with the Project, including, without limitation, participation or use of any facilities or equipment, constitutes an acknowledgment that such premises and all facilities and equipment were inspected and that I find and accept them as being safe and reasonably suited for the purposes of my participation in this Program. 2. 1 release, waive, discharge, and covenant on behalf of myself not to sue the City of El Segundo, its elected and appointed officials, agents, volunteers, and employees ( "Releasees ") from all liability to me for any loss or damage, and any claim or demands on account of personal or property injury or because of my, whether caused by Releasees' negligence or otherwise, while I participate in the Program. 3. 1 agree to indemnify and hold the Releasees harmless from and against any and all claims arising from my, or my child's, participation in the Program, whether caused by Releasees' negligence or otherwise. I will pay all costs incident to any claim, including, without limitation, attorneys' fees. 4. 1 expressly agree 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 shall, notwithstanding, continue in full legal force and effect. I have read and voluntarily sign the release and waiver of liability and indemnity agreement, and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement ave been made. Date: � �-- �-�— t f �,,,, Signature Name: ..._ N I Age: Address: —1 ! Z N O`er Phone #: Z � %- ~ 9"!J a m & VOLUNTEER LIABILITY WAIVER In consideration of being permitted to participate in MALCOLM AU'S EAGLE SCOUT Project ( "Project "), and all activities associated with such participation, I agree to the following: I agree and represent that I have inspected, or immediately upon entering the public property will inspect, the premises and facilities. My entry onto the public property for all purposes associated with the Project, including, without limitation, participation or use of any facilities or equipment, constitutes an acknowledgment that such premises and all facilities and equipment were inspected and that I find and accept them as being safe and reasonably suited for the purposes of my participation in this Program. 2. 1 release, waive, discharge, and covenant on behalf of myself not to sue the City of El Segundo, its elected and appointed officials, agents, volunteers, and employees ( "Releasees ") from all liability to me for any loss or damage, and any claim or demands on account of personal or property injury or because of my, whether caused by Releasees' negligence or otherwise, while I participate in the Program. 3. 1 agree to indemnity and hold the Releasees harmless from and against any and all claims arising from my, or my child's, participation in the Program, whether caused by Releasees' negligence or otherwise. I will pay all costs incident to any claim, including, without limitation, attomeys' fees. 4. 1 expressly agree 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 shall, notwithstanding, continue in full legal force and effect. I have read and voluntarily sign the release and waiver of liability and indemnity agreement, and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. Date: 15 It q kz igna r Name: ��- Age: '+ �g Address: ,` J aS c1b Phone #: 3 %��V VOLUNTEER LIABILITY WAIVER In consideration of being permitted to participate in MALCOLM AU'S EAGLE SCOUT Project ( "Project"), and all activities associated with such participation, I agree to the following: 1. I agree and represent that I have inspected, or immediately upon entering the public property will inspect, the premises and facilities. My entry onto the public property for all purposes associated with the Project, including, without limitation, participation or use of any facilities or equipment, constitutes an acknowledgment that such premises and all facilities and equipment were inspected and that I find and accept them as being safe and reasonably suited for the purposes of my participation in this Program. 2. 1 release, waive, discharge, and covenant on behalf of myself not to sue the City of El Segundo, its elected and appointed officials, agents, volunteers, and employees ( "Releasees") from all liability to me for any loss or damage, and any claim or demands on account of personal or property injury or because of my, whether caused by Releasees' negligence or otherwise, while I participate in the Program. 3. 1 agree to indemnify and hold the Releasees harmless from and against any and all claims arising from my, or my child's, participation in the Program, whether caused by Releasees' negligence or otherwise. I will pay all costs incident to any claim, including, without limitation, attomeys' fees. 4. 1 expressly agree 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 shall, notwithstanding, continue in full legal force and effect. I have read and voluntarily sign the release and waiver of liability and indemnity agreement, and further agree that no oral representations, statements, or inducement apart from the foregoing written agree ent have been made. Date: N I?, ignature Name: �`' � Age: Address: Phone #: `0_ +:)-6 _OK,-�6() VOLUNTEER LIABILITY WAIVER In consideration of being permitted to participate in MALCOLM AU'S EAGLE SCOUT Project ( "Project "), and all activities associated with such participation, I agree to the following: 1. I agree and represent that I have inspected, or immediately upon entering the public property will inspect, the premises and facilities. My entry onto the public property for all purposes associated with the Project, including, without limitation, participation or use of any facilities or equipment, constitutes an acknowledgment that such premises and all facilities and equipment were inspected and that I find and accept them as being safe and reasonably suited for the purposes of my participation in this Program. 2. 1 release, waive, discharge, and covenant on behalf of myself not to sue the City of El Segundo, its elected and appointed officials, agents, volunteers, and employees ( "Releasees ") from all liability to me for any loss or damage, and any claim or demands on account of personal or property injury or because of my, whether caused by Releasees' negligence or otherwise, while I participate in the Program. 3. 1 agree to indemnify and hold the Releasees harmless from and against any and all claims arising from my, or my child's, participation in the Program, whether caused by Releasees' negligence or otherwise. I will pay all costs incident to any claim, including, without limitation, attorneys' fees. 4. 1 expressly agree 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 shall, notwithstanding, continue in full legal force and effect. I have read and voluntarily sign the release and waiver of liability and indemnity agreement, and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. Date: �,�1 L �/�V I V y(� r ig ature Name: 'rAcl. � VvQ - Age: ( $ Address: -4�LlmWr,s-1 ' s Phone #: 'Dw � D' j