HomeMy WebLinkAbout2016-12-20-revokable license agreementREVOCABLE LICENSE FOR USE OF COUNTY OWNED VEHICLE
This revocable license agreement ("License") is entered into this 2L>iJ1 y of December, 2016
between Kittitas County, a municipal corporation of the State of Washington ("County") and the
City of Kittitas, a municipal corporation of the State of Washington ("City").
WHEREAS, the Kittitas County Sheriff is declaring a 2007 Ford Crown Victoria Police
Interceptor, unit # 0702, VIN 2FAFP71W87X146763, to be surplus for good cause, and
WHEREAS, the vehicle has been removed from service by the Sheriff and a replacement vehicle
issued, and
WHEREAS, City wishes to purchase that vehicle as soon as possible due to its need for a police
vehicle, and
WHEREAS, the process required by law cannot be completed as soon as the Sheriff and City
desire due to circumstances not within their control, and
WHEREAS, the Sheriff and City desire to allow the City to make use of the named vehicle
before the surplus process and sale can be completed, in accordance with the terms and
conditions set forth below; now therefore;
The County and the City agree as follows:
1) The vehicle remains the sole and exclusive property of Kittitas County until the
surplus process and sale are completed. No provision in this License shall be
interpreted or applied in such a manner that would be inconsistent with the
requirements of law pertaining to the surplus and sale process. Until that sale has
been completed, the vehicle may be used only by the City as a law enforcement
vehicle in the manner directed by the policies of the City.
2) This license shall be effective upon ratification of the Sheriffs signature by the
Kittitas County Board of Commissioners (BOCC) and valid only until completion of
the surplus and sale process as intended by the parties. It shall terminate automatically
upon that event or revocation in accordance with section 3 herein.
3) Any failure by City to comply with the terms and conditions contained herein may
result in the immediate revocation of this license. The interpretation and enforcement
ofthese terms and conditions, and compliance therewith, shall be made by the BOCC
and Sheriff in their sole discretion.
4) The vehicle is provided "as is", and no warranty of any form is made with regard to
the condition of the vehicle. The City is solely responsible for all inspections as may
be appropriate prior to acceptance of the vehicle, and all maintenance thereafter.
5) The vehicle may not be modified or altered in any way except as appropriate in the
view of the City and Sheriff to reflect that it is no longer in use by the SheritR E C E i V E 0
KITTIH\S coumy SHERIFF
ACCOU~H1NG
6) The use of the vehicle shall create no ownership or other rights in or to the vehicle or
its use beyond the tenns and conditions of this limited and revocable license. The
vehicle remains at all times the sole and exclusive property of Kittitas County.
7) Upon tennination of this license other than by completion of the surplus and sale
process as intended by the parties, the City agrees to immediately discontinue all use
of the vehicle.
8) The City shall secure and maintain in effect at all times during the period of the
license such insurance as will protect the County, its elected or appointed officials,
agents, or employees and the Additional Insureds from all claims, losses, hann, costs,
liabilities, damages and expenses arising out of personal injury (including death) or
property damage that may result from the possession or use of the vehicle. The
Contractor shall provide proof of insurance for amounts not less than the existing
equivalent coverage held by the County for the same use of its own vehicles as police
vehicles. The City shall furnish the County a Certificate of Insurance with
Endorsement as evidence that policies providing insurance required by this License
are in full force and effect. The City hereby waives all rights of recourse, including
any right to which another may be subrogated, against Kittitas County for personal
injury, including death, and property damage. The City's insurance policies required
above shall be primary insurance and shall be non-contributing with any other
insurance maintained by Kittitas County. The Certificate Holder shall be Kittitas
County, and the certificate must name the County as an additional insured.
9) The City agrees to and shall defend, indemnify and hold harmless the County, its
Additional Insureds, appointed and elective officers, agents and employees, from and
against all loss or expense, including but not limited to judgments, settlements, attorney's
fees and costs by reason of any and all claims and demands upon the County, its
Additional Insureds, its elected or appointed officials, agents, or employees for damages
because of personal or bodily injury, including death at any time resulting therefrom,
sustained by any person or persons and on account of damage to property including loss
of use thereof, whether such injury to persons or damage to property is due to the
negligence of the City, its elected officers, employees or their agents. It is further
provided that no liability shall attach to the County by reason of entering into this
contract, except as expressly provided herein. The County makes no indemnification of
the City, its elected or appointed officials, agents, or employees for damages of any kind
or fonn whatsoever. This provision is in addition and supplemental to the provision
above pertaining to insurance, and shall also be effective in the event of the lapse or
other failure of the City's insurance.
10) In the event either party to the License commences litigation related to rights or
exercise of rights under this License, the substantially prevailing party will be entitled
to reimbursement of its reasonable attorney fees and costs from the other party.
RECEIVED
KITT 1TAS COUNTY SHER IFF
ACCOUN TING
11) The venue for any litigation regarding this License shall be Kittitas County Superior
Court.
12) This License shall be construed according to the law of the State of Washington.
IN WITNESS WHEREOF this Revocable License Agreement is executed and shall become
effective as of the date first above written.
BOARD OF COUNTY COMMISSIONERS
KITIIT~UNTY' WASH~GTON
I, the official of the City of Kittitas identified by both name and f e below, and whose signature
is affixed hereto, attest that I possess the explicit authority to ac owl ed ge the terms of this
License, to enter in to this License agreement, and to bind the C to all of the above terms and
conditions. I further attest that I have obtained and provided to the County all documents and
forms of proof required by the terms of this license, including such proof of authority.
~!m ~~i
Title: Mayor
Date:
RECEIVED
KITTITA S CO UNT Y SHER I I=F
ACCOUNT l rI e .