CONTRACT 5620 Other Agreement No. 5620
AGREEMENT NO. BETWEEN
THE CITY OF EL SEGUNDO AND
OFFICER STEVE TRUJILLO
THIS AGREEMENT is made and entered into this 9, day of November, 2018, by
and between the CITY OF EL SEGUNDO, on behalf of its POLICE DEPARTMENT, hereinafter
"City, and POLICE OFFICER, STEVE TRUJILLO, hereinafter"Trujillo." The parties agree as
follows:
WHEREAS, K-9 Police Service Dog Leo has been the property of the City and has been
employed in law enforcement activities;
WHEREAS, Leo was declared to be unfit for duty by the Police Chief and will be retired;
and
WHEREAS, Trujillo has been the Officer assigned to supervise Leo. Leo currently
resides with Trujillo.
NOW, THEREFORE, City wishes to sell and Trujillo wishes to buy Leo according to the
terms and conditions set forth herein:
1. Compensation: Trujillo shall pay City the sum of one dollar ($1.00) to be due
upon execution of this agreement.
2. By signing this agreement, Trujillo agrees to the following statements:
a. I agree and represent that I have read, understand, and agree to the City's rules
and policies for purchasing the Dog.
b. I understand and agree that the description of the Dog offered for sale was
compiled from available data, and there is no guaranty or warranty as to
condition or quality. I agree to assume all liability for the Dog and understand
that all property is sold "As is" and "Where is." 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. 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 DOG, TO THE FULL
EXTENT SOCH MAY BE DISCLAIMED BY LAW.
C. I understand and agree that I was provided the opportunity to inspect the Dog
before signing this contract. Under no circumstances will a refund or adjustment
be made on account of property not coming up to the standard expected nor will
failure to inspect the Dog be considered grounds for a claim against the City.
City of EI Segundo Agreement
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Agreement No. 5620
d. I understand and agree that the Dog is a trained animal that may constitute a
"dangerous weapon" under applicable law. As a result, the Dog can cause
serious bodily injury, including death, to myself, my family, and third parties.
e. I agree to pay for the Dog at the time of sale. The Dog cannot be removed until
full payment is made.
f, I understand and agree that, after purchasing the Dog, if at any point in the
future, I no longer want the Dog, that I must return the Dog to the City and the
Dog must not be sold, given or transferred to another third party.
g. 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 (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 Dog.
h. I agree to indemnify and hold the Releasees harmless from and against any and
all claims arising from use of the Dog whether caused by Releasees' negligence
or otherwise. I will pay all costs incident to any claim, including, without limitation,
reasonable attorneys' fees.
i. I 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 must,
notwithstanding, continue in full legal force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
CITY OF EL SEGUNDO, STEVE TRUJILLO
a general law city
"---------------
- .:_
Chief Bill Whalen Officer Steve Trujillo
ATTE T:
I U
Tray Weaver,
City Clerk
APPROVED AS TO FORM:
Mark D. Hensl
City Attorney
City of EI Segundo Agreement
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