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HomeMy WebLinkAboutContracts & Agreements_145-2015_CCv0001.pdfAGREEMENT:VEHICLE LOAN The Parties to this Agreement are NATIONWIDE MUTUAL INSURANCE COMPANY ("Nationwide") and Redlands Police Department ("RPD").For the consideration recited below,NATIONWIDE and RPD agree as follows: NATIONWIDE will loan to RPD a 2001 Chevy S-10 Pick up,VIN#1GCCS145118167134 (the "2001 Chevy S-10 Pick Up"),for use exclusively by RPD in pursuit of law enforcement activities related to the investigation of insurance fraud.Specifically,this vehicle is to be used by the RPD for the purpose of conducting Auto Burglaries/Undercover/Bait vehicle operations only.NATIONWIDE will transfer the vehicle's title to RPD. In exchange for and in consideration of the use of the aforementioned vehicle,RPD agrees to provide NATIONWIDE with quarterly reports.These reports must include:1)number of times the vehicle was deployed;2)number of anests made due to use of the vehicle;3)current condition of the vehicle;and 4) number of vehicles recovered.Failure to provide these reports is a material breach of this agreement upon which NATIONWIDE may terminate this agreement and require the return of the vehicle. RPD further agrees to release,indemnify,and hold NATIONWIDE and its officers,directors,employees, agents,attorneys,affiliates and subsidiaries and their successors and assigns,harmless from any and all injuries,claims,losses,and expenses,including attorneys'fees,experts'fees,court costs and damages whatsoever arising out of or in any way related to,but not limited to,Nationwide's furnishing of the vehicle to RPD,and any use,operation or maintenance of the vehicle described herein,during the term of this agreement RPD shall,at its own cost and expense,defend any and all suits which may be brought against NATIONWIDE,either alone or in conjunction with others upon any such liability or claim or claims and shall satisfy,pay and discharge any and all judgments and fines that may be recovered against NATIONWIDE in any such action or actions,provided,however,that NATIONWIDE shall give RPD written notice of any such claims or demand. RPD further agrees to return the above described vehicle immediately upon the conclusion of its undercover investigation or within thirty days upon the request of NATIONWIDE.RPD will maintain the operability of the vehicle while in the possession of RPD.NATIONWIDE recognizes the risk of loss or damage to the vehicle associated with bait vehicle deployrnents and will not require RPD to restore the vehicle to its original condition.RPD agrees that,upon return of the vehicle to NATIONWIDE,RPD will transfer the vehicle's title to NATIONWIDE. This Agreement may be executed by facsimile (or other similar electronic transmission)and in counterparts,each of which shall be deemed to be an original,and both of which,taken together,shall constitute one agreement binding on both parties.Notwithstanding the foregoing,each Party agrees to execute an original of this Agreement and to promptly provide the other Party with an original signature. Authorized Agent for:NATIONWIDE Date: Date:July 21,2015 Authorized Agent for:Redlands Police DepartmentPaulW.Foster,or ATTEST: Sam Irwl ,)City Clerk