HomeMy WebLinkAboutMaster Vehicle Lease Agreement with Auburn School District No. 408 MASTER VEHICLE LEASE AGREEMENT
This LEASE AGREEMENT ("Agreement") is entered into this t(o day of
Of)a` _ ,2019 by and between AUBURN SCHOOL DISTRICT NO,408 ("Lessor")
and CITY OF AUBURN POLICE DEPARTMENT("Lessee"). For and in consideration of
the mutual covenants and conditions contained in this Agreement and other good and
valuable consideration, the receipt and sufficiency of which are acknowledged, Lessor and
Lessee enter into this Vehicle Lease Agreement on the following terms:
1. Leased Vehicles: Lessor agrees to lease to Lessee and Lessee leases from Lessor the
2.008 Ford Expedition,vin# 1FMFU15588LA57903,
2. Lease Term:` The'term of this Agreement shall commence on the later of the dates on
which executed by..the parties below, which shall be considered the effective date of this
Agreement; and shall continue unabated provided Lessee is not in default of any provision
of this Agreement and Lessor has not exercised its rights of termination,both parties shall
have the option to renegotiate this Agreement at anytime by providing a written notice of intent
to the other party requesting.same.:The conclusion of the lease term will be May 15,2020 or
earlier as agreed upon by both the,Lessor and Lessee. At the conclusion of the lease term,
the parties reserve the .right to continue the lease term through a mutually
agreed.upon Amendment .to,the Agreement. If the parties do not mutually
agree to continue 'the'.lease term, Lessee will return the vehicle to the Lessor.
3.,'Lease Payments: Lessee shall pay to Lessor as rent the sum of$50.00
4. Operations: In the operation of the Leased Vehicle,Lessee agrees:
4.1 To use the Leased Vehicle solely for the purposes of conducting School
Resource Officer duties and assignments for the Auburn School District.
4.2 To cause Leased Vehicle to be operated only by designated
employee hi the officer's role as School Resource Officer for the school
district.
4.3 To comply with all applicable motor vehicle laws and regulations of the
State of Washington and federal government if applicable.
4.4 Not to loan, sell, sublet, assign or mortgage the Leased Vehicle, or lend or
permit it to be subject to any legal process without the Lessor's prior written
consent.
4.5. To protect the Leased Vehicle from theft and other hazards while under the
Lessee's control.
4.6 To verbally notify the Lessor immediately of any theft, fire, improper
performance, damage, accidents or collision in which any Leased Vehicle has
been involved; to supply a copy of any report required to be filed with any
administrative body or governmental unit, and to supply a written report within
seven (7) days of any theft, fire, accident or collision involving any Leased
Vehicle. In the event of failure to so notify Lessor, Lessee will be responsible
for any loss to Lessor as a result of such failure.Lessee agrees to cooperate fully
with the Lessor in any reasonable way to prevent loss;to aid in every reasonable
way in the defense of suits or other proceedings which may be brought as a
result of the operation of the Leased Vehicle; to notify the Lessor promptly of
any papers, notices or documents served upon the Lessee, its agents, or
employees, arising out of the operation of the Leased Vehicle. However, it is
understood and agreed that Lessee shall file all claims directly with its insurance
company(ies) in accordance with the terms of the respective policy(ies),
without the requirement of prior notification to or approval by Lessor.
4.7 Lessee shall.not commence an action in Court for recovery of damages to the
Leased Vehicle or Equipment without written consent of the Lessor or Lessor's
designated representative. Lessee shall take no steps which would affect the
Lessor's claim for damages.
5. No Warranties:Exclusive of factory (Original Equipment Warranties) which shall routinely
'be in effect, Lessor makes no 'representations or warranties concerning the condition of the
Leased Vehicles or their fitness for any particular purpose. Lessee accepts the Leased Vehicles
in "as is" condition subject to reasonable inspection by the Lessee upon Delivery of each
vehicle.
6. Maintenance: Lessor shall be responsible for all required maintenance on the Leased
'Vehicle. All required maintenance and fueling will be taken care of by the
Lessor's transportation department. The Lessor Will coordinate with and make
available to transportation department staff the Leased Vehicle for these
purposes. Lessee shall return the Leased Vehicle to Lessor in the same condition in which
accepted at the commencement of this Agreement, ordinary wear and tear excepted.
7. Tags: Registration: Taxes: Lessor shall be responsible for the payment of all required tag
and registration fees and any applicable taxes during the term of this Agreement.
8. Inventory: Lessee agrees to make the vehicle available to accommodate Lessor's annual
fixed asset inventory verification process. Lessee will be notified, in advance, to assure
minimal disruption of Lessee's operation.
9. Insurance: Lessee agrees to maintain insurance that complies with the following terms:
9.1 At all times during the term of this Agreement, Lessee shall maintain, at a
minimum automotive liability limits of$1,000,000 per occurrence.
9.2 Lessee's Automobile Liability policy shall be primary.
9.3 Lessee shall provide to Lessor a letter showing Evidence of Coverage
prior to the effective date of this Agreement. Such letter shall provide that there
shall be no termination, non-renewal, modification or expiration of such
coverage except with forty-five (45) calendar days prior written notice to the
Lessor.
9.4 A copy of the policy and endorsements and all notice of proposed cancellation
of coverage shall be sent to Lessor at the following addresses:
Auburn School District No. 408
Attn: Assistant Superintendent of Business and Operations
915 Fourth Street NE
Auburn, WA 98002
9.5 Nothing contained herein, however, shall be construed to expand or waive any
right of the Lessor or the Lessee under the laws of Washington as to limitations
of liability or rights of sovereign immunity.
10.Indemnification: Lessee shall indemnify, defend and hold harmless Lessor, its officers,
agents and employees from and against any and all losses, damages, claims, sanctions, causes
of action for damages or injury to any person or property, administrative penalties, costs or
expenses, including attorney's fees and costs arising out of or resulting from Lessee's s o 1 e
negligence or wrongful acts or omissions, or the' sole negligence or wrongful acts or
omissions of Lessee's employees, agents, consultants, invitees, or any other persons or entities
over whom Lessee exercises or should exercise control, in conjunction with Lessee's use,
maintenance, storage and possession of the Leased Vehicles.
1 1. Assignment: Delegation: Lessee may not assign its rights or delegate its duties under this
Agreement without the written consent of Lessor, which consent Lessor may grant or withhold
in its sole discretion.
12. Termination: Either party hereto may terminate this Agreement at any time during the
term hereof with or without cause by providing thirty (30) days written notice to the other
party of such intention. Lessee shall return the Leased Vehicle to Lessor at the end of said 30-
day period in the same condition in which accepted at the commencement of this Agreement,
ordinary wear and tear excepted.
13. Notice: All notices required hereunder shall be provided to the parties by hand
delivery or certified mail, return receipt requested, at the following addresses:
Lessor: Lessee:
Auburn School District 408
914 Fourth Street NE City of Auburn Police Department
Auburn, WA 98002 25 West Main Street
Attn: Cindi Blansfield Auburn, WA 98001
Assistant Superintendent Attn: William Pierson
Police Chief
Notice shall be deemed given when hand-delivered to the address specified above or on the
date indicated on the signed return receipt.
14. Entire Agreement: This Agreement represents the entire understanding and agreement
between the parties and supersedes any prior understandings or agreements.
15. Amendments: This Agreement shall not be modified or amended except by a subsequent
written agreement executed by both parties hereto.
16.Title: This Agreement is one of leasing only, and the Lessee shall not have or acquire any
right, title, or interest in or to the Leased Vehicles, except the right to use or operate them as
provided herein.
17. Audits and Inspections: Lessee shall permit the Lessor's designated representatives to
audit all books, records and files relative to the operation and maintenance of the Leased
Vehicles, and to assist in providing said documents and information and to permit inspection
of the Leased Vehicles by the Lessor's representatives, at mutually agreed times.
18. Governing Law: This Agreement shall be interpreted under and governed by the law of
the State'df Washington, venue for any action in King County, Washington.
iN WITNESS WHEREOF,the parties hereto have caused this Vehicle Agreement to be
executed by their duly authorized officers on the dates appearing below.
AUBURN SCH e e I-DISTRICT
B 1/f' irti'r1111'1
By:
di Blanseld
•
A sistant perintendent,Business and Operations
CITY OF AUBURN pp DEPARTMENT
By:
William Pierson
Police Chief,Auburn Police Department
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