1 EQUIPMENT DONATION AGREEMENT BETWEEN THE CITY OF REDONDO BEACH AND THE REDONDO BEACH FIREFIGHTER’S ASSOCIATION
THIS EQUIPMENT DONATION AGREEMENT (this "Agreement”) is made between the City of Redondo Beach, a chartered municipal corporation ("City") and the Redondo Beach Firefighter’s Association, a California corporation (“RBFA”).
1. Donated Equipment. Subject to the terms and conditions of this Agreement, City transfers all right, title, and ownership of the equipment described in the attached Exhibit “A” (the “Donated Equipment”) to RBFA for the purpose of participating in a Firefighter Demolition Derby on July 7, 2024, for charitable purposes. Title to the Donated Equipment will vest in RBFA upon its receipt of the Donated Equipment.
2. Condition “As Is”. City does not make any representations, warranties, or guarantees about the Donated Equipment, including but not limited to, any implied warranties of merchantability and/or fitness for any purpose. RBFA accepts the Donated Equipment “As Is.” RBFA understands and acknowledges that City will not provide any instructions or follow-up services, replacement parts or repairs, transportation or disposal.
3. Use of Donated Equipment. RBFA shall use the Donated Equipment in the Firefighter Demolition Derby on July 7, 2024, to support the Burn Institute. RBFA’s participation shall serve as a sponsorship investment, furthering the Institute’s efforts in providing vital fire and burn prevention education, and facilitating burn survivor support programs, including Camp Beyond the Scars for burn-injured children.
4. No Payment. City and RBFA agree that each party’s performance of this Agreement constitutes full consideration and that RBFA shall not pay for the Donated Equipment.
5. Assumption of Risk. RBFA understands that there are certain risks of injury that may arise from the possession, use or misuse of the Donated Equipment, including but not limited to, the risk of injury, disability, or death, or damage to property.
RBFA assumes full responsibility for all risks arising directly or indirectly from its possession, use or misuse of the Donated Equipment, both known and unknown, regardless of the cause.
6. Waiver and Release. RBFA waives and releases any and all claims against the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents (collectively, “City Parties”) with respect to any and all claims, including but not limited to, injury, disability, death, loss or damage to property resulting from possession, use or misuse of the Donated Equipment, regardless of the cause and 2 even if caused by negligence, whether passive or active. RBFA agrees not to sue any of the City Parties on the basis of these waived and released claims.
7. Indemnity. To the maximum extent permitted by law, RBFA hereby agrees, at its sole cost and expense, to defend protect, indemnify, and hold harmless the City and City Parties from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of RBFA’s possession or use of the Donated Equipment hereunder (including any of its officers, agents, employees, contractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City.
8. Acknowledgement. RBFA has read and understand the terms of this Agreement.
RBFA understands that this Agreement covers each and every item of Donated Equipment.
9. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement.
10.Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of RBFA warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of RBFA, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of RBFA.
SIGNATURES FOLLOW ON NEXT PAGE
3 IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of the 16th day of April, 2024.
CITY OF REDONDO BEACH REDONDO BEACH FIREFIGHTER’S
ASSOCIATION
__________________________ By: _______________________
James A. Light , Mayor Name:_______________________
Title: _______________________
ATTEST: APPROVED:
__________________________ __________________________
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
__________________________
Michael W. Webb, City Attorney
Kenny Campos
President - RBFA
4 EXHIBIT “A”
DONATED EQUIPMENT
SPECIFICATIONS
VIN: 2FAHP71V98X169258
Year: 2008
Make: Ford
Model: Ford Crown Victoria
A picture of the Donated Equipment is provided below.