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12100-0001\3075111v1.doc
DONATION AGREEMENT
THIS DONATION AGREEMENT (“Agreement”) is made and entered into on this 4th day of March, 2025 ("Effective Date"), by and between the City of Manhattan Beach, a California municipal corporation ("City") an d El Camino Community College District, a California community college dis trict ("El Camino"). City and El Camino are sometimes referred to herein as the "Parties", and individually as a "Party".
RECITALS
A. City's Fire Department has received a request for surplus equipment from the El Camino College Fire Academy, attached as Exhibit A.
B. The City wishes to encourage its relationship with El Camino and encourage the welfare of the students within the community by providing the surplus equipment to El Camino.
NOW, THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the City and the El Camino hereby covenant, represent and agree as follows:
1. City shall convey to El Camino all equipment listed in Exhibit B (hereinafter the "Equipment"). Transfer of ownership of the Equipment shall be deemed to have taken place upon execution of this Agreement and transfer of necessary ownership documents.
2. The Equipment shall be conveyed to El Camino with no warranty, express or implied. City expressly disclaims any warranties of fitness for purpose and merchantability.
City makes no representation that the Equipm ent can be used in any capacity. El Camino shall accept the Equipment in "AS IS" condition. El Camino releases City from any and all claims of defect of the Equipment. El Cami no expressly waives any and all rights under Section 1542 of the Civil Code of the State of California, or any other federal or state statutory rights or rules, or principles of comm on law or equity, or those of any jurisdiction, government, or political subdivision, similar to Section 1542 ("Similar Provision"). El Camino may not invoke the benefits of Section 1542 or any Similar Provision in order to prosecute or assert in any manner any claims released. Section 1542 provides as follows:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party."
3. El Camino shall defend, indemnify, and hold harmless the City, its officials, and every officer, employee and agent of City (collectively "lndemnitees") from any claim, liability or financial loss (including, without limitation, a ttorneys' fees and costs), injuries to property or persons (including without limitation, attorneys fees' and costs) arising out of any acts or omissions of El Camino, its officials, officers, employees, students or agents in connection with this Agreement, except for such claim, liability or financial loss or damage arising from the sole negligence or willful misconduct of the lndemnitees, as determined by court decision or by the -2-
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agreement of the Parties. El Camino shall defend the lndemnitees, at El Camino's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against the lndemnitees. El Camino shall reimburse the lndemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. El Camino's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by El Camino or the lndemnitees. All duties of El Camino under this Section shall survive termination of this Agreement.
4. El Camino shall make and pay for all necessary arrangements for the transportation of the Equipment to its facilities. The arran gements shall include the payment of all taxes, fees or charges and the procurement of all necessary insurance, licenses and permits required in connection with removal of the Equipment from City property and transfer to El Camino.
5. This Agreement shall be interpreted in accordance with the laws of the State of California, and the City of Manhattan Beach, without regard to conflict of law principles. In any action arising out of this Agreement, El Camino consents to personal jurisdiction, and agrees to bring all such actions, exclusively in state or federal courts located in Los Angeles County, California.
6. If a Party commences any legal, administrative, or other action against the other Party arising out of or in connection with this Agreement, the prevailing Party in such action shall be entitled to have and recover from the losing Party all of its attorneys' fees and other costs incurred in connection therewith, in addition to such other relief as may be sought and awarded.
7. City shall not be obligated or liable under this Agreement to any party other than El Camino.
8. If any part, term or provision of this Agreement is held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining parts, terms or provisions of the Agreement shall not be affected thereby.
[Signatures begin next page]
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective duly authorized representatives on the date indicated above.
City:
City of Manhattan Beach,
a California municipal corporation
By:
Name: Talyn Mirzakhanian
Title: City Manager
ATTEST:
By:
Name: Liza Tamura
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Quinn M. Barrow
Title: City Attorney
APPROVED AS TO FISCAL IMPACT:
By:
Name: Onyx Jones
Title: Interim Finance Director
APPROVED AS TO CONTENT:
By:
Name: Onyx Jones
Title: Interim Finance Director
El Camino:
El Camino Community College District,
a California community college district
By:
Name: Jeff Baumunk
Title: El Camino Fire Academy, Director
PROOF OF AUTHORITY TO BIND
CONTRACTING PARTY REQUIRED
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EXHIBIT A
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EXHIBIT B
EQUIPMENT
Item Description
Serial#
Note/ Location
Rotary Saw 393338 Station 1
Rotary Saw 861179 Station 1
Honda Generator 861782 Station 1
Honda Generator 442 Station 1
Stabilization Struts 51301Mb Station 1
Extension Ladder 24' 171520 Station 1
Roof ladder 14' LAD44569 Station 1
Attic Ladder 10' LAD44895 Station 1
Amkus Hydraulic Power Unit 3246545 Station 1
Amkus Spreader 8498655 Station 1
Amkus Cutter 465541 Station 1
Amkus Ram 12355 Station 1
Champion Hydraulic Cutter 6684 Station 1
Ram Bar 64133 Station 1
Turnout Gear 7599872 Station 1
Turnout Gear 5173891 Station 1
Turnout Gear 5584502 Station 1
Turnout Gear 5381772 Station 1
Turnout Gear 5285331 Station 1
Turnout Gear 6135461 Station 1
Turnout Gear 636861 Station 1
Turnout Gear 6172331 Station 1
Turnout Gear 6654931 Station 1
Turnout Gear 6321641 Station 1
Turnout Gear 5274542 Station 1
Turnout Gear 356451 Station 1
Turnout Gear 7573222 Station 1
Turnout Gear 6130172 Station 1
Turnout Gear 6043842 Station 1
Turnout Gear 6183492 Station 1
Turnout Gear 5296042 Station 1
Turnout Gear 6130152 Station 1
Turnout Gear 6318132 Station 1
Turnout Gear 6005982 Station 1
Flat Shovel N/A Station 1
Fire Axe N/A Station 1
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Item Description
Serial#
Note/ Location
Hose Clamps N/A Station 1
Scott SCBA Bottle 171506 Station 1
Scott SCBA Bottle 184400 Station 1
Scott SCBA Bottle 312216 Station 1
Scott SCBA Bottle 160179 Station 1
Scott SCBA Bottle 184412 Station 1
Scott SCBA Bottle 184297 Station 1/ Out of Order Service Tag Scott SCBA Bottle 311258 Station 1
Scott SCBA Bottle 104458 Station 1
Scott SCBA Bottle 171447 Station 1
Scott SCBA Bottle 171457 Station 1
Scott SCBA Bottle 160170 Station 1
Scott SCBA Bottle 184479 Station 1
Scott SCBA Bottle 171111 Station 1
Scott SCBA Bottle 158127 Station 1
Scott SCBA Bottle 171458 Station 1
Scott SCBA Bottle 184395 Station 1
Scott SCBA Bottle 160194 Station 1
Scott SCBA Bottle 171509 Station 1
Scott SCBA Bottle 184332 Station 1
Scott SCBA Bottle 172863 Station 1
Scott SCBA Bottle 184312 Station 1
Scott SCBA Bottle 170832 Station 1
Scott SCBA Bottle 312254 Station 1
Scott SCBA Bottle 160024 Station 1
Scott SCBA Bottle 160173 Station 1
Scott SCBA Bottle 184303 Station 1
Scott SCBA Bottle 312234 Station 1
Scott SCBA Bottle 184328 Station 1
Scott SCBA Bottle 171500 Station 1
Scott SCBA Bottle 312240 Station 1
Scott SCBA Bottle 158128 Station 1
Scott SCBA Bottle 184374 Station 1
Scott SCBA Bottle 160165 Station 1
Scott SCBA Bottle 171497 Station 1
Scott SCBA Bottle 184300 Station 1
Scott SCBA Bottle 160187 Station 1
Scott SCBA Bottle 170500 Station 1
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Item Description
Serial#
Note/ Location
Scott SCBA Bottle 184452 Station 1
Scott SCBA Bottle 160155 Station 1
Scott SCBA Bottle 312246 Station 1
Scott SCBA Bottle 159885 Station 1
Scott SCBA Bottle 184365 Station 1
Scott SCBA Bottle 157876 Station 1
Scott SCBA Bottle 312256 Station 1
Scott SCBA Bottle 160172 Station 1
Scott SCBA Bottle 184402 Station 1
Scott SCBA Bottle 312205 Station 1
Scott SCBA Bottle 167356 Station 1
Scott SCBA Bottle 311405 Station 1
Scott SCBA Bottle 184319 Station 1
Scott SCBA Bottle 170825 Station 1
Scott SCBA Bottle 184456 Station 1
Scott SCBA Bottle 160169 Station 1
Scott SCBA Bottle 160164 Station 1
Scott SCBA Bottle 312255 Station 1
Scott SCBA Bottle 312236 Station 1
Scott SCBA Bottle 170401 Station 1