HomeMy WebLinkAboutFD05-234 - Original - City of El Grullo, Jalisco Mexico - Donated Fire Truck & Hold Harmless Agreement - 11/18/2005 x
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ecords M eme
KENT Document
WASHINGTON
CONTRACT COVER SHEET
This Is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, 0 you have questions, please contact City Clerks Office.
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Vendor Name: Vendor Number:
JD Edwards Number
Contract Number_- FJDS- AM
This is assigned by Deputy City Clerk
Descripflon:1'5 -a,/ 0, &JZZ�2
Detail:
Project Name: D 617AQDZ-,Q ' 0 /irr.2
Contract Effective Date: Termination Date:
Contract Renewal Neese{Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: 11.Gd� Department:
Abstract:
S Public\RecordsManagement\Forms\ContractCover\ADCL7832 07102
BILL OF SALE AND HOLD HARMLESS AGREEMENT
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by the parties to this Agreement, the CITY OF KENT, a Washington
municipal corporation, ("Kent') does hereby donate and transfer to the CITY OF EL
GRULLO, State of Jalisco,Mexico ("Donee") all right, title, and interest that Kent may have
in the following described fire equipment which was found to be surplus to Kent's needs by
its City Council on June 7,2005:
o 1989 Pierce Engine/Aid Vehicle
VIN#040806
Kent hereby warrants to Donee that immediately prior to the delivery of this Bill of
Sale, Kent was the owner of the full legal title to the described fire equipment and that Kent
had the lawful right to sell the same and that good and clear title to the fire equipment is
hereby vested in Donee free and clear of all liens, claims, encumbrances and rights of others.
Kent makes no warranty with respect to the fire equipment and Donee warrants that it has
inspected the described fire equipment, is aware of any defects in such equipment, and has
determined that the equipment is in a reasonable safe condition for its use.
Donee accepts the property"as is," and Kent makes no warranty of any kind, express
or implied, or arising by operation of law, by course of dealing or arising by performance,
trade practice or otherwise. Kent disclaims all other warranties, including without limitation,
any implied warranties of merchantability or fitness for a particular purpose. Repair or
replacement of defective parts shall be the obligation of Donee. In no event shall Kent be
liable for direct, indirect, incidental, exemplary, consequential or special damages arising in
any manner whatsoever, even if Kent had been previously advised of the possibility of that
damage. Kent's maximum liability shall in no event exceed the price of the surplus fire
equipment specified herein. No person has authority to make any claim, representation,
warranty, promise, guarantee or commitment on behalf of Kent that is not expressed in this
agreement.
BY SIGNING THIS AGREEMENT,THE DONEE AFFIRMS:
1) That Kent has made Donee aware that the fire equipment to be sold under this
agreement are used and have been determined by Kent's City Council to be
surplus to Kent's needs.
2) That the Donee has been given ample opportunity to inspect the surplus fire
equipment and has in fact inspected the surplus fire equipment referred to in
this Agreement and is aware of any defects.
3) That the Donee has independently found the surplus fire equipment to meet or
exceed its requirements and standards.
4) That the Donee agrees to the terms of this Agreement.
BILL OF SALE—Page 1 of 2
(between My of Kent and the City of El Grano,✓alisco,maxa)
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Donee shall defend, indemnify and hold Kent, its officers, officials, employees,
agents and volunteers harmless from an and all claims Miuries damages, losses or suits
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including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion caused by Kent's sole negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT
THE INDEMNIFICATION P ROVIDED H EREIN C ONSTITUTES T HE P URCHASER'S
WAIVER OF INIMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW,
SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS
WAIVER.
IN WITNESS WHEREOF, the parties have caused this Bill of Sale and Hold
Harmless Agreement to be executed and delivered in its name this day of,2005.
CITY OF KENT CITY OF EL GRULLO,
STATE OF JALI MEXICO
By: B
Print e: Ur m wh i E Print N e:
Its: mAVOR µ �,oac_
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Apr ed asjtoF,3 App oved as to Form:
S' p.✓a t
P 1CjWr0LBSWP=Fd® 200M1rWbBd1D5*H01 lftVd=doc
BILL OF SALE—Page 2 of 2
(between City of Kent and the City of El Grullo•Jalisco,Menco)