Fort Walton Beach Council agenda — 11-28-2006 ‎(regular)‎ — reading text

renewal or replacement, evidencing coverage as outlined in this Section. Such certificate shall provide that the insurance shall not be canceled or materially modified except on thirty ( 30) days advance written notice to Lessor. Lessee shall cause the Vehicle subject to this lease to be used and operated with reasonable care and precaution to prevent loss and damage to such Vehicle due to negligent or reckless use, abuse, fire, theft, collision, or injury to persons or property. Lessee' s drivers shall comply with all reasonable regulations now or hereafter made by Lessor insofar as such regulations shall relate to the proper use, care, and operation of the vehicle provided pursuant to this lease. Page 3 of 10  SECTION TEN REPORTS BY LESSEE' S DRIVERS Lessee shall cause each of it' s drivers, at the close of each day, or each time Vehicle is returned to Lessor' s garage, to note on forms provided by Lessor, any and all faulty operation or other trouble that the driver had with that Vehicle. Except as so reported, it shall be conclusively presumed that the Vehicle operated satisfactorily. SECTION ELEVEN MAINTENANCE AND REPAIRS Except as otherwise provided in this agreement, all labor, materials and repairs in connection with the proper mechanical operation of the Vehicle during the lease term, including but not limited to batteries, repairs, maintenance, tires and towing necessary for its proper use and operation, shall be at Lessor' s expense. Lessee shall take the Vehicle to the Lessor' s designated bus maintenance facility for all service and repairs. Lessee shall be liable for all repairs or replacement of equipment due to damage caused by Lessee' s passengers or the negligence of Lessee' s employees. The Lessee shall be solely responsible for routine costs of operation, including fuel and oil. If any Vehicle shall be disabled, for any cause, Lessor shall promptly repair, or cause such Vehicle to be repaired, after receipt ITom : Lessee or its agents of notice of such disability, specifying where the Vehicle is located, the nature ofthe disability, and its cause. Lessee' s drivers shall not make any repairs or adjustments to any Vehicle, but in all cases of trouble shall give prompt notice to Lessor by the most efficient means available describing the nature of the trouble and the location of the Vehicle. Lessee' s drivers shall abide by Lessor' s directions concerning emergency repairs. Lessor shall have no liability for any repair or service to a Vehicle unless authorized by Lessor and supported by a receipted bill for the repair or service itemizing the cost of labor and materials. SECTION TWELVE AFTER HOURS STORAGE It shall be the responsibility of Lessee to provide a safe and secured storage location for the Vehic1e after hours of daily use. Any damage to the Vehicle due to vandalism shall be repaired or replaced at the sole expense of Lessee by Lessor' s personnel or other assigned garage/ repair facility. Page 4 of 10  SECTION THIRTEEN OBLIGATION TO INSURE Lessee, at its sole cost, shall provide and maintain during any period oftime during the term of this lease, when Lessee is in actual possession of the Vehicle hereunder, a policy of automobile liability insurance containing the coverages, exceptions, and exclusions that are ordinarily contained in automobile liability insurance policies written in the State of Florida. Such policy shall insure Lessor and Lessee and their respective agents and employees with respect to liability as a result of the ownership, maintenance, use or operation of V ehicle furnished by Lessor to Lessee pursuant to this lease. Such insurance shall be primary, and not excess or contributory, with respect to any accident involving the Vehicle, and shall afford bodily injury and property damages liability limits of not less than One Million ($1, 000,000. 00) Dollars for injurj or death of any person or persons or damage, destruction, or loss of use of property per occurrence with medical pay coverage consistent with the provisions of Florida Statute 234. 03. The Lessee shall also provide full collision coverage for Lessor' s Vehicle based upon actual cash value. Such insurance shall be in a form acceptable to Lessor and shall be provided by an insurance company properly licensed to do business in the State of Florida and approved by Lessor. Lessee shall cause the insurer to furnish to Lessor' s Risk Management Office, prior to delivery of any Vehicle subject to this lease to Lessee, a certificate of insurance, and a certificate of any renewal or replacement, evidencing coverage as outlined in this Section. Such certificate shall provide that the insurance shall not be canceled or materially modified except on thirty ( 30) days advance written notice to Lessor. Lessor shall be a named insured on the required insurance coverages. SECTION FOURTEEN REPORTS OF ACCIDENTS If a vehicle furnished by Lessor to Lessee pursuant to this agreement is involved in any accident, Lessee shall cause its agents and employees to notify Lessor immediately by telephone. Thereafter, as soon as practicable, Lessee shall report to Lessor in writing, giving all information relative to the accident, including, but not limited to, the date, time, place, and circumstance of the accident, the names and addresses of persons injured, the owners of property damaged, and names and addresses of witnesses. Lessee, its agents and employees, shall cooperate fully with Lessor and the insurer in the investigation and defense of any claim or suit, and shall do nothing to impair or invalidate any applicable insurance coverage. Lessee shall promptly deliver to Lessor, or to such other person or company as Lessor shall have designated in writing, any and all papers, notices, summonses, processes, and documents whatsoever served upon or delivered to Lessee or Lessee' s agents or employees in connection with Lessee any claim, suit, action or proceeding at law or in equity commenced or threatened against or Lessor arising out ofthe ownership, maintenance, use, or of operation any vehicle subject to this Page 5 of 10 lease. SECTION FIFTEEN OBLIGA TION TO PAY MISCELLANEOUS CHARGES Lessee agrees to pay all storage charges, parking charges, and fines incurred in connection with the Vehicle. Lessee will pay any fees or taxes that may be imposed with respect to the Vehicle by any constituted governmental authority as the result of Lessee' s use or intended use of the Vehicle. SECTION SIXTEEN LIABILITY FOR CONTENTS Lessor shall not be liable for loss of or damage to any property left, stored, loaded or transported in or upon any vehicle furnished by Lessor to Lessee pursuant to this lease, whether or not due to the negligence of Lessor, its agents, or employees. Lessee shall hold Lessor, its agents, and its employees, harmless from and indemnify them from and against all claims based on or arising out of such loss or damage. SECTION SEVENTEEN RISK OF LOSS AND DAMAGE Lessee shall bear all risks of damage or loss of the Vehicle or any portions of the Vehicle not covered by insurance. All replacements, repairs or substitutions of parts or equipment due to any such damage shall be at the cost and expense of Lessee and shall be accessions to the Vehicle. The lease payments on the Vehicle shall not be prorated or abated while it is being serviced or repaired. SECTION EIGHTEEN LIABILITY IN EXCESS OF INSURANCE Lessee and Lessor are both governmental agencies with certain rights pursuant to Section 768.28 Fla. Stats. ( 2006). Therefore each shall be responsible for any loss, liability, and party expense, including attorney fees and court costs, as a result of bodily injury, death, or property damage caused by or arising out of the Lessor' s ownership and maintenance and Lessee' s use and operation ofthe Vehicle subject to this lease. Page 6 of 10  SECTION NINETEEN RETURN OF VEHICLES At the point in time when the disaster has passed and Lessee has completed its use of the Vehicle for that incident, Lessee shall return the Vehicle to Lessor in the same condition as when received, less reasonable wear and tear at the Lessor' s South County Transportation facility or any other location mutually agreed on by the parties. SECTION TWENTY ASSIGNMENT Neither this lease nor any interest herein may be assigned by Lessee without the written consent of Lessor nor by operation oflaw. No vehicle may be sublet or encumbered nor possession or use given to other than Lessee' s employees without Lessor' s written consent. SECTION TWENTY -ONE WAIVER The failure of either party in anyone or more instances to insist on the performance of any ofthe terms, covenants, or conditions of this lease, or to exercise any right or privilege in this lease conferred or the waiver of any breach of any of the terms, covenants, or conditions of this lease, shall not be construed as thereafter waiving any such terms, covenants, conditions, rights or privileges, but such terms shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. SECTION TWENTY- TWO LIMITATION OF WARRANTIES There are no warranties, expressed or implied, by Lessor to Lessee, except as contained in this agreement, and Lessor shall not be liable for any loss or damage to Lessee, nor to anyone else, of any kind and however caused, whether by any vehicle, its repair, maintenance, or equipment, or its failure, or by interruption of service or use of any leased Vehicle. SECTION TWENTY-THREE CONSTRUCTION OF INSTRUMENT This agreement is one ofleasing only and Lessee does not acquire any right, title, or interest to the leased Vehicle other than the right of possession accorded a Lessee. Page 7 of 10  SECTION TWENTY-FOUR NOTICES Any notice given under this lease by Lessor to Lessee shall be in writing and shall be given personally or by registered mail addressed as set out in this lease. Any notice given under this lease by Lessee to