HomeMy WebLinkAboutSuffolk Co Vehicle LeaseAgreement No. '~
C/A Ref. AG023M/0003-08YN
LEASE AGREEMENT
THIS AGREEMENT OF LEASE is between the COUNTY OF SUFFOLK (the "LESSOR") a
murdopal corporation of the State of New York, having its principal office at the County Center, Riverhead,
N,e~ York11901, acting:through its duly ¢onstitmed OFFICE FOR THE AGING ("AGING"), located at H.
LeesDeunison Building, 100 Veterans Memorial Highway, Hauppauge, New York 11788-5401:; and the
TOWN OF SOUTHOLD (the 'LESSEE ), aNew York mumc~pat corpomtmn, having ~ts pnncapal place of
business at '53095 Main Road, P.O. Box 1179, Southold, New York 11971
The parties ~ereto desire to p~ovide transportation for elderly res~dems of Suffolk Coanty to enable
the~m [9 p~ipa~ te in. CQUNTY~ State and.'or Federal prourams;for the elderly, andsufficient ~n exists
pur~ tO.Resolution No. 628.1997 o['the Sullblk CotH~tx L:egiskiture.
TERM OF AGREI3MEN~,: Sh~l! b~ ~o~ the Commencemem Date (as defined in Exhibit
A) in t99gifi hDL gl~ fl~e d~ ~' before thc tenth :muivers thereof
m 20.0~ ~ ess te 'minatcd or e> tc ~dec tls pnwided in Exhibit
TOTAL COST OF AGREEMENT':
TERMS AND CONDITIONS;
A.
None.
Shall be as set forthin Exhibit A attached.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the latest date
written below.
TOWN OF SOUTHOLD
J~ W. COCHRAN
Supervisor
By: ~
Chief Deputy County Executive
APPROVED AS TO FORM, NOT
REVIEWED AS TO EXECUTION:
ROBERT J. CIMINO
By: x..j ~Yo(~.~.~;a~ ' ~]t {~ J~
Robertson Hatch Date
Assistant County Attorney
APPROVED:
HOLLY S. ~)DES-JYEAGUE, ~)irect~r
OFFICE FOR THE AGING
AG23 (1/98)
TABLE OF CONTENTS
EXHIBIT A ........................................................................... 1
1. PURPOSE OF I,RASE; USE OF VEHICLE ...................................... 1
2. TERM ................................................................... . 1
3. RENT .................................................................... I
4. TITLE AND REGISTRATION ................................................ 1
5. CONDITION AND MAINTENANCE ........................ .~ ................. 1
6. ALTERATIONS AND ADDITIONS ........................................... I
7. SOLE. RESPONSIBILITY OF LESSEE ......................................... 2
8. OPERATIONAL INFORMATION AND INSPECTIONS ........................... 2
9. COMPLIANCE WITH REQUIREMENTS ..................................... . . 2
10. CONTACT PERSONS ............................. 2
11. RISK OF LOss; INSURANCE AND INDEMNIFICATION ......................... 2
12. ACCIDENT NOTIFICATION ................................................. 3
13. DAMAGE TO OR DESTRUCTION OF VEHICLE ............................... .4
14. APPLICATION OF INSURANCE PROCEEDS ................................... 4
15. NONDISCRIMINATION IN EMPLOYMENT .................................... 4
16. ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS LAWS .................... 4
17. OFFSET OF ARREARS OR DEFAULT ......................................... 4
18. NO GRATUITIES .......................................................... 4
I9. TERMINATION OF LEASE .................................................. 4
20. EXTENSION OF LEASE .................................................... 5
21. END OF TERM; RENTAL CHARGES ......................................... 5
22. INDEPENDENT CONTRACTOR ............................................. 5
23. ASSIGNABILITY .......................................................... 5
24. SEVERABILITY ........................................................... 5
25. ENTIRE AGREEMENT ..................................................... 5
26. NO ORAL CHANGES ...................................................... 5
EXHIBIT B
AG23 (1/gs)
EXI-HR!T A
1. PURPOSE OF LEASE; USE OF VEHICLE
The purpose of this Lease is to assist the LESSEE in providing services to elderly residents of Suf-
folk County under contract(s) between the LESSOR and the LESSEE by the leasing to the LESSEE ora
~EESSOR-owned vehicle mom particularly described in Exhibit B to this Agreement (the "VEHICLE"), and
SSEE hereby leases the VEHICLE from LESSOR solely for the purpose of fumishingtransportation or
i>ther s~rvices (such as meals to the homebound) for elderly residents of Suffolk County under such separate
comt~et or co.ntm,cts as may be ~ effect from time to ~e during the term of this Agreement between the
LESS~R,. ~ ~,~g ~..ough AG!i~ O ,Or sugh o~er LESeS,O.R office, department or instrumentality as may
~uceeed t~ ~ limctions of AGING), and the LESSEE;. provided .however, that LESSEE ~hall not. use the
VEHICLE for any other:PUrpOSe whatsoever without the prior vaitten~cons,ent of the Director of the SUffolk
C0un~ Office R>.' the Aging for other LESSOR ot~ficml de.~ignafed to succeed to suehDirector~s tialCti'ons) '
Undcr ¥ o c rcumstt ~ees s m 1 fi~e I. :SSEE use the VEIIICLE in any way cor.t~m apPlicable laws~ixegu'-'
lations or insurtmcc requirements.
provided; ~p
mean the ~
perioxt eomm
the nex~ e~[
sign a me'~0
~e shall coyer the period provided on the first page thereof; unless sooner terminated as
~_g~. ~Ph 19 or,extended as provided in paragraph 2,,? beqow. "Commencement Date" shall
fdelivery ofthe VEHICLE to the LESSEE, and Lease Year" shalI mean the 12-month
~ng on the Commencement Date or any anniversary thercof and ending on the day before
armiversary thereof, both inclusive. Promptly after delivery, AGING and the LESSEE shall
,urn confirming the Commencement Date.
the .The _L[SSEE shall pay the LESSOR one dollar ($1.00) per Lease Year, receipt waived, so long as
LESSEE shall use the VEHICLE for the purposes specified in paragraph 1 of this Lease, and thereat~er
rentalcharges as provided' m' paragraph 21 below until return of the VEHICLE to the LESSOR~
4. TITLE AND REGISTRATION
Title to the VEHICLE and to all replacements, alterations and additions thereto shall be and remain
in the name of the LESSOR, but the LESSEE shall register the VEHICLE in its name as lessee, and the
LESSOR shall cooperate wilh the LESSEE by temporarily entrusting the certificate of title to the LESSEE
and otherwise as may be appropriate to procure and maintain such registmtiom
5. CONDITION AND MAINTENANCE
Since me VEHICLE is a new~ vehicle, all manufacturers' warranties are hereby assigned by the
LESS~ to the LESSEE, and the LESSOR shall cooperate with LESSEE in obtaining warranty period
.la ~bor .~.d p,art~ L.?SE,E ~ r?viewed the purchase specifications for the VEHICLE and represents that it
~s mmumr merewt~ and vnth the owner's and service manuals. LESSEE, at LESSEE's sole cost and ex-
pen. se, Cha~! pe~ffgrn~ or .c.c.c.cpuse to be ~rformed all work, ordinary and necessary, foreseen and unforeseen, to
maintain tlie ~HICLE tn good working order and appearance and in accordance with the manufacturer's
manual~ and recommended practices.
6. ALTERATIONS AND ADDITIONS
~te ' ~LESS~ ¢ ~,ot in default under this Lease, LESSEE, at its sole expense, may make reasonable
mons ofa~,~ ~.a~t~d~tions to the VEHICLE with the written approval of AGING; provided that any such
alterations or aaditionS
AG23 (1/98)
Page I of 5 pages of Exhibit A
(a) Shall not change the general character of the VEHICLE, recluce its fair market value below
such value immediately before such alterations or additions or impair its usefulness for the purpose
provided in paragraph 1 of this Lease;
CO) At~e effected with due diligence, ~u a good and workmanlike manner and in compliance with
applicable laws, regulations and insurance requirements; and
:(c) Are promptly and fully paid for by LESSEE.
SOLE RESPONSIBILITY OF LESSEE
Nothing ~ thi, Lease or in any approval under the foregoing paragraph 6 shall constimre any con-
sent or request b~ the LESSOR, express or implied, for the performance of any labor or services or the
furnishing of any materials or.other property in connection with the VEHICLE or any part or equipment
permit the
or other property forthe account of
or a~
8. OPERATIONAL INFORMATION AND INSPECTIONS
LES SF_~E shall proxide such information relating to the use and operation of the VEHICLE as may
be requested from time'to time by the LESS.OIL
Upon written notification from AGING, LESSEE shall make the VEHICLE available for inspection
at reasonable times:and Ioeafions. The LESSOR shall not have any duty to make any such inspection and
shalI not incur any liability or obligation for not making such inspectiom
9. COMPLIANCE WITH REQUIREMENTS
LESSEE, at its sole expense, shall promptly
(a) C~mply with all legal requirements, whether or not such compliance shall require structural
changes in the VEHICLE or interfere x~vith its use, and
Co) Procure, maintain and comply with all permits, licenses or other authorizations and comply
with all applicable Federal, State, County and local laws, regulations or ~]lings, applicable to the VEHICLE
or to LESSEE's use thereof.
10o CONTACT PERSONS
The contact persons for the parties to this Lease shall be: for the LESSOR, the Director of the Office
for the Aging;, for the LESSEE, the signer of this Agreemem on behalf of its behalt~ or such other person of
whose name and title either party shall give prompt written notice to the other party.
11. RISK OF LOSS; INSURANCE AND INDEMNIFICATION
(a) The LESSEE assumes responsibility for all risks of loss through physical damage, including
without limitation collision and comprehensive losses, to the VEHICLE and to any part or equipment
thereof. The LESSEE shall procure and maintain at its sole expense collision and comprehensive insurance
with a deductible not in excess of $1,000, unless otherwise approved in wfifmg by AGING.
Co) LESSEE agrees to procure, pay the entire premium for and maintain throughout the term of
this Agreement automobile liability insumnco in an amount not less than One Million Dollars
($1,000,000.00) combined single limit for bodily injury and property damage per occurrence. All policies
providing such coverage shall be issued by insurance companies acceptable to the LESSOP~
AG23 (1/98) Page 2 of 5 pages of Exhibit A
(c) LESSEE shall furnish to the LESSOR certificates of insurance or, on request, orJ~nal poli-
cies, em'denting compliance with the aforesaid insurance requirements. All such certificates or other other
evidence of insurance shall name the County of Suffolk as an additional md. All such certificates or
.other evidence of insurance shall provide for the County of Suffolk to be a certificate holder and to be
~notitied in writing thirty 00) days.prior to any cancellation, non-renewal or material change. Such certifi-
~cates, policies or other evidence of[insurance and notices shall be mailed to AGING at its address at the
liead~ofthis Agreement or at such other address of which the LESSOR shall have given the LESSEE notice
Iftbe LESSEE is a town or other municipal corporation and has a self;insurance program under
~ of such re uired coverage, it may provide self-funded coverage'and
q
~ in lieu~ofinsurance issmed.by insurance, companies.
(d) Furthermore, to tllc extent permitted by law. the LESSEE shall indenmi~' and hold harmless
the LESSOR Ih. ma affd against all claims, costs (including attome2s' I~es). losses and liabilities of vdmtso-
ever nature arising out al'the acts or omissions or negligence al'the LESSEE. its officers, agents, servams or
cmployces in cohnectio~:\~ ith the setMces describi:d or referred'to in this Agreement.
g) It is'~q~ra~)~ the ~wi!l~ expend whatever ftmds are necessary to insure that
the ~EBICLE ~s ~ op~erable coildilion.
(g) ~o~ Sar7 repairs to the VEHICLE and returning it upo.n the
expimt,6n or lenh.~!?~fp)~f~h~s Le~se.as pim-~lcd h~. p~ragraph 2] below, the LESSEE may at its optton
elect to pay the ].'iSSCJl~!~/h~'lifi'r markc't value oftb'~ VEl IICI.E.
12.
I.ESSEE shall 'fl0tf~. LESSOR in gxiting within one business day af~ any aceidem involving the
VEHICI.[.;. All such flail ficatig~ts, copies of claims and other communications with regard to possible
clmms al habfl~t.~ shaIl.~e addressed to:
Suffolk County Department of Audit and Control
~Ri:00sk M~gement and Benefit Division
Veterans Memorial Highway
P. O. Box 6100
Haal~pauge, New york 11788-0099
Attention: Mr. Phil Banceio
Beaefit and Risk Manager
with a copy to the LESSOR's conlact person (see paragraph 10 of this Lease) or to such other address(es) of
which the LESSOR shall have given_ wril2~n notice to the LESSEE. Without limitation, such commtmica-
tions shall include a.copy of any accident report in the possession of the LESSEE and the names and ad-
dresses known to the LESSEE of any persons allegilag personal injury or property damage in connection
with such accident.
AO23t (1/98)
Page 3 of 5 pages of Exhibit A
DAMAGE TO OR DESTRUCTION OF VEHICLE
In ease of any material damage to or loss or destntcfi6n of the VEHICLE or of its equipment, LES-
SEE will give notice as provided in the foregoing paragraph 12, generally describing the nature and extent
of such damage, loss or destruction, and the time, place and circumstances thereof.
14. APPLICATION OF INSURANCE PROCEEDS
in the event of damage to or loss or destruction of the VEHICLE of any part or equipment thereof,
the LESSEE, prOmptly and at its sole expense, shall repair or replace the VEHICLE and/or equipment to its
condition immediately prior to such damage, loss or destruction. Any proceeds of ins.utah. ~ ce shall be used
solely to repair or replace the VEHICLE or its equipment and for no other purpose, and, ffnot so used, such
proceeds and the VEHICLE shall be forthwith turned over to the LESSOI~_
15. NONDISCRIBIINATION IN EMPLOYMENT
In acco ,rd~ ance~wilkArfi¢Ie 15 ofth.e Executive Law(also known as the Human Rights Law) and all
other State and ~ederal st~,t~ry and constitutional non-discrimination provisions, the LESSEE shall not
discriminate ag~ any employee or applicant for employment bemuse of race, creed, color, sex, national
origin, age, disability, Vietnam Em Veteran Status or marital status.
16. ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS LAWS
The LESSEE hereby assures that it will comply with Subchapter VI of the Civil Rights Act of 1964,
42 USC Sections 2000e through 2000e(17), to the end that no person shall, on the grounds of race, creed,
color, sex, or national origin, be excluded fxom participation in, be denied the benefits of~ or be otherwise
subjected to discrimination under this Lease or under any project, program, or activity supported by this
Lease.
17. OFFSET OF ARREARS OR DEFAULT
The LESSEE. warrants that it is not, and shall not be during the term of this Agreement, in arrears to
the COUNTY for taxes or upon debt or contract and is not, and shall not be during the term of this Agree-
ment, in default as surety, contractor or otherwise on any obligation to the COUNTY.
18. NO GI~a~TUITIES
The LESSEE represents and warrants that it has not offered or given any gratuity to any official,
employee or agent of Suffolk County or New York State or of any political party, with the purpose or intent
of securing an agreement or securing favorable treatment with respect to the awarding or amending of an
agreement or the making of any determinations with respect to the performance of an agreement, and that
the signer of this Lease has read and is familiar with the provisions of Local Law No. 32-1980 of Suffolk
County (Chapter 386 of the Suffolk County Code).
19. TERMINATION OF LEASE
(a) This Lease may be terminated by the LESSOR in the event of failure by the LESSEE to
fulfill its obligations under this Lease or in the event of the termination or expiration without renewal of one
or more of the conlracts between the LESSOR and the LESSEE for services to the elderly referred in para-
graph 1 of this Agreement; provided that no such termination shall be effective unless the LESSEE is given
three (3) calendar days' written notice of intent to terminate, delivered personally or by certified mail, return
receipt requested, and an opportunity for consultation with the LESSOR prior to termination.
AO23 (1/98)
Page 4 of 5 pages of Exhibit A
(b) If either party shall deem it in its best interest to terminate this Lease, it shall have the fight
to do so by giving not less than thirty 00) days prior written notice by registered or certified mail, return
receipt requested, specifying the date of termination.
20. EXTENSION OF LEASE
Upon written notification by AGING to the LESSEE, the term of this Lease may be extended for
one or more successiye periods not in excess of five years per extension on the same terms and~conditi0ns;
provided, however, t_hat Re LESSEE does not notify AGING within 30 days at,er the receipt of such notifi-
caficra of its desire to terminate this Lease at an earlier date, in Which eventit shall terminate at such earlier
21. END OF TERM; RENTAL CHARGES
Uppn the exl0irafi~0n of~ Lgase, or within 24 hours after other~termination of this l_f. zse, LESSEE
shall surrender theVEHIjCLE ~ LESSOR at a facility .ofLESSOR as designated by AGING. If the~LES-
shall pay to.th, LESSOR as rental for tl~ use of the VEHICLE $150 per day until the VEHICLE is surren-
dered m I;ESSOP,~
22. INDEPENDENT CONTRACTOR
It is expressly agreed that the LESSEE?s status hereunder is that of an independent contractor.
Neither the LESSEE nor any person hired by the LESSEE shall be ~onsidered employees'of the LESSOR
for any purpose whatsoever.
23. ASSIGNABILITY
The LESSEE shall not assign, transfer, convey, sublet or otherwise dispose of this Lease, or any of
its right, title or interest therein, or its power to execute this Lease, or assign all or any portion of the monies
that may be due or become due lo the LESSEE under the terms of this Lease, to any other person or corpo-
ration, without the prior consent in writ'mg of the LESSOR, and any attempt to do any of the foregoing
without' such consent shall be of no effect.
24. SEVERABILITY
It is expressly agreed that if any term or provision of this Lease, or the application thereof to any
person or circumstance, shall, to any extent, be held invalid or unenforceable, the remainder of this Lease,
or the application of such term or provision to persons or circumstances other than those as to which it is
held invalid or unenforceable, shall not be affec~ thereby; and every other term and provision of this
Lease shall be valid and shall be enforced to the fullest extent permitted by law.
25. ENTIRE AGREEMENT
It is expressly agreed that this instrument represents the entire agreement of the parties and that all
previous understandings are merged in this Lease.
26. NO ORAL CHANGES
No modification of this Lease shall be valid unless written in the form of an Addendum or Amend-
ment signed by both parties.
END OF TEXT
AG23 (1/98)
Page 5 of 5 pages of Exhibit A
EXHIBiT B
TO VEHICLE LEASE BETWEEN THE COUNTY OF SUFFOLK AND
TOWN OF SOUTHOLD
Mat~ufaeturer:
Type of VehieIe:
Year and Make:
Model No.: 3008418
Vehicle,Identification Number:
C01t)r: WHITE
0tiaa?er Identififimg Features and Special Equipmem:
FORD MOTOR COMPANY
MIDSIZE STATION WAGON
1998 TAURUS
1FAFP57U2WAI46369