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Home My WebLink AboutC2006-157 - 4/27/2006 - NA M;:!ry Valle' Mq!orcycle lease agreement doc - -----~-----------_._--...-~- - Page 1 _ ___..__~__m_.'_ ..._......____._____ LEASE AGREEMENT Thi" Lease Agreement (hereinafter referred to as "the Agreement") is made between the City of Corpus ChnstI, a politic I s~b..divlslon of e State of Texas, (hereinafter referred to as "the CI1y") and :{/ /JI / /::" >{..{/I/ 7Y..-.c::[ , a police officer employed by the City oyrorpus Christi, ( reinafter erred to as "Lessor"), and WHEREAS, the use, If motorcycles by Corpus Chnsti Police Officers to perform official law enforcement duties sllch as traffic enforcement and traffic control serves a governmental purpusc WHEREAS, the use of motorcycles by Corpus Chnsti Police Officers to provide funeral escorts Jnd other approved off-duty assignments also serves a governmental purpose; WHEREAS, SectIOn 142,006 (b) ofthe Texas Local Government Code requires that the City proVIde for insunng each police officer in Its employ against liability to third persons arising out of the operation, maintenance, or use of a motorcycle owned or leased by the municipality; WHEREAS, Section 142,006 (d) of the Texas Local Government Code provides that the City may elect to be self-Insured or to rennburse the actual cost of extended automobile liability insurance endorsements ('btamed by a pollce officer on an individually owned automobile liabIlity Insurance policy WHEREAS, the rexas leglslature 111 Article 715 c of Vernon's Texas Civil Statutes determllled that il IS Imperative that local governments have the authority to provide coverage againsl any msurable fisk at the lowesl possible costs; WHEREAS, IJ1S11ranCe compal1les are no longer providmg Ilability insurance for motorcycles when they arc used for la\', enforcement purposes; WHEREAS, the cosh of obtaming liability insurance through the assigned risk pool are prohlbl1lve: 'lOW, THEREFORE, in conslderatlon of the mutual covenants contained herein, the City and Lessor agree as follows: \RTICLE 1. LEASE OF MOTORCYCLES j .essor agrees 10 least to Cny, ,md Cny agrees to lease from Lessor, the motorcycle specified m Schedule A attached hereto, When used in this Agreement, the ternl "motorcycle" shall mean a motorcycle leased hereunder. When used 111 this Agreement, the term "approved off-duty assignments" shall mean those ofT-duty assignments which (i) serve a governmental purpose of the ('ity and (Ii) have been appro\ed by the Corpus Christi Police Chief or his designee. 2006-157 04/27/06 \ oung, I arrv M~ry'v!allelo Motorcycle lease agreernent doc ~ ...--- -- ----Page il Page 2 of 7 Any addItIons It) or deletions from Schedule A. when agreed to by both parties, or any agreed variauon In models or types of motorcycle, shall be evidenced by a supplement to this agreement. This agreement and 1t-- supplement-- thereto shall constitute the master lease agreement. \RTICLE 2. OWNERSHIP OF MOTORCYCLES Thl~ IS an agreement of lease only and may not be construed as a contract for the sale of a motorcycle. CIty acknowledges that Lessor is the owner of the motorcycle leased hereunder. Lessor ~hall proVIde the ( lty with evidence of ownershIp. ARTICLE 3. LEASE PAYMENTS U the Lessor is assIgned full time dutIes as a Corpus Christl Police Motorcycle Officer, the CIty agrees to pay Lessor per rnileage traveled in the performance of official duties, not to exceed twelve hundred (1200) miles a month, the standard mileage reimbursement rate adopted by the CIty m ( 'Ily PolIcy F- 1.0 The Otl' shall make such payment monthly to Lessor. lithe Lessor is not aS~lgned full time duties as a Corpus Christi Police Motorcycle Officer, but has been authonzed bv the Corpus Christi Chief of Police or his designee to perform approved off duty motorcycle assignments, the City agrees to make lease payments of $1.00 (one dollar) TO Lessor which shall be payable each time the lease IS renewed. ARTICLE 4. TERM The teml of thiS Agreement shall be for a teml of one year, commencing on the date the agreement is executed by the City Manager or his designee. Unless terminated as herein prO\lded. the Agreement shall be automatically renewed for one year periods. .\RTICLE 5. OPERA nON OF MOTORCYCLES I f the I,essor IS assigned permanently as a full tIme motorcycle officer for the Corpus Chmtl Police Department, then the partIes agree that Lessor shall operate the motorcycle in the perfomlance of offiCIal duties. The parties agree that Lessor may operate the motorcycle in the perfomlance of approved off-duty police assignments. Lessor shall not permit the motorcycle to be used in violation of any federal, state or mUlllclpal statutes, laws, qrdinances, rules or regulations. Lessor shall notif:y the City immediately of any and all accidents involving the motorcycle. Such notIce shall be by telephone and in writing and shall include full details of the aCCIdent and the names and addresses of all parties and witnesses. 4 rhe City may ll1spect the motorcycle, upon the City's premises or elsewhere at any and all reasonable times, and the Lessor shall cooperate fully to facilitate such inspections. I \u i J-DI R'DoyleD( urllsMY[)()CS 200.1P&/ORD03./onmg ')l'c],I)( lYLEC 2003../0 I 030 J Fuentes.OrdApp&PC.doc Mary Vallejo Motorcycle iease agreernent doc Page 3 of 7 :'> lessor shall not allow any other person to use the motorcycle 111 the performance of official police dutIes or in the performance of approved off-duty assignments. In other words, the parties agree that the only person who wIll use the motorcycle 111 the performance of police duties or in the performance of approved off-duty assignments IS the Lessor ARTICLE 6. SlfBSTlTUTION OF MOTORCYCLES Lessor shall have the nght to substItute for any motorcycle under lease a motorcycle of comparable type and condItion. subject to approval by Corpus Christi Chief of Police or his designee ~RfICLE 7. STATE, COU~TY AND CITY REGISTRATION AND LICENSES lessor shall accomplish the titlmg, registration and licensing in the State of Texas of motorcycle 111 Lessor'..; name. Lessor shall accomplish and pay for any inspections of the motorcycle requued during the ternl of tillS Agreement by any governmental authority. ARTICLE 8. TAXES I.essor shall pay and bear all federal, state and local sales, use, eXCIse, personal property and other taxes and all governmental assessments, fees and charges imposed on or in connection with the motorcycle or on the lease, use. ownership or possession thereof pursuant to this Agreement. ARTICLE 9. REPAIR AND MAINTENANCE l.essor shall keep and maintain the motorcycle in good operating condition and working order !t shall be the duty of the Lessor to make all necessary repairs and replacements to the motorcycle. mclud1l1g but not be limited to tires, oil. lubricants and antifreeze required for the proper operation and!or protection of the motorcycle. The City agrees to provide for electrical repairs 10 the motorcycle fthe Lessor IS permanently assigned to the Motorcycle Division. loessor agrees to provide all gasolme necessary to operate said motorcycle and to maintain all oils and lubricants at the proper level Lessor further agrees to keep said motorcycle properly stored and \vashed. Ihe City agrees tu proVide for the repair of a motorcycle whIch is damaged while being operated by Lessor in the perfornlance of official police duties or dunng approved off-duty assignments. If the Corpus Christi ChIef of Police or his designee determines that the motorcycle is so damaged that It cannot economIcally be placed In good working order, then the City shall, as soon as practIcable after such event. pay Lessor the value of said motorcycle as listed in the then current is:-.ue of the NA.D.A Motorcvcle! Snowmobile! A TV ! Personal Watercraft AppraISal Guide. '!\L! (i. DIR\Doyle[)( unlS MYDOCS 2i)OJP&/ORDOJ ZOlling.,lrdDOYLEC200J./O I OJO I Fuentes.ordApp&PCdoc ---~--~-~~. ~I Page 3 -..----. ~.-._~ Men'y Vallelo Motorcycle lease agreernenl doc -~..__.._-----~--] __~J:age 4 Page 4 of 7 ARTICLE 10. RISK OF LOSS I es~or retams rIsk of loss of the motorcycle, including loss caused by theft of the motorcycle. ARTICLE 11. I~SllRANCE When the motorcycle IS operated by Lessor in the performance of official police duties or in the performance of approved off-duty aSSIgnments, the self-insurance fund of the City shall proVIde coverage for property and casualty losses, genera] liability, auto liability, worker's compensation and other miscellaneous rIsks to the extent not covered by contractual insurance or other indemnification ARTICLE 12. INDEMNIFICATION When the motorcycle IS operated by Lessor in the perfom1ance of official police duties or in the pert(xmance of approved off-duty assignments, the City shall indemnify Lessor as provided in SectIon 39-16 olthe CllrpUS Christi Code of Ordinances. ARTICLE 13. TERMINATION I f the motorcycle is stolen, the Agreement shall terminate. Notwithstanding the previous proVIsIon, the Lessor reserves the option to offer a replacement or substitute motorcycle which motorcycle shall be subject to the terms of this Agreement and approval by the Corpus Christi Chief of Pollee or his deSignee If the Corpus ChrISti Chief of Police or his deSIgnee determines that the motorcycle is so destroyed or damaged that it cannot economically be placed in good working order, this Agreement shalltermmak Notwithstanding the previous provision, the Lessor reserves the option to offer a replacement or substitute motorcycle which motorcycle shall be subject to the terms 01 this Agreement and approval by the Corpus Christi Chief of Police or his designee. If the Lessor ceases to be employed as a police officer by the City of Corpus Christi, the agreement shall termi natc immediate I). ..j lfthe Lessor IS no longer authonzed to operate the motorcycle in the performance of offiCial police dutIes or in the performance of approved off-duty assignments, the agreement shall terminate immediately. " rhe agreement may termll1ate upon the mutual agreement of the parties. () ,\ default by 1 eSSlJr with respect to any of the responsibilities outlined in this agreement shall terminate the agreement Notwithstandll1g anything to the contrary herein. this agreement terminates automatically I j \U i , 1)1 R\DoyleD(urlls MYDOCS 200.'. P&/ORD03 J'll1ing'lrd.J)()YLEC200J\/O I (UO I FuentesOrdApp&PC.doc Mary \./alleJc Motorcycle lease agreerTlent doc Page 5 of 7 and without nOllce ~1I1 (a) an attempted assignment by Lessor of this agreement, or (b) an assignment by Lessor for ,he benefit of creditors. X I:Jther party may terminate ThIs Agreement by providmg the other party with thirty (30) days advance written notice often11lnaTlOn ARTICLE 14. GENERAL PROVISIONS 1 I his mstrument has been executed m duplicate original copies and constitutes the entire agreement between the parties hereto. This agreement shall not be effective until authorized by the City Councd and executed by the City Manager. This agreement cannot be amended or altered In any manner unless such amendment be signed by the City Manager (or his designee) and by lessor. No forbearance to exercIse any right or privilege under this Agreement or waiver of any breach of any of its terms shall be construed as a waiver of any such terms, rights or privileges, but the same shall continue and remain in full force and effect the same as if no such forbearance or wal\er had occurred. .., '\ieither thIS Abrreement nor any mterest herem may be assigned by either party. Nothing contamed in thls instrument shall be deemed to prevent the Lessor from pledging his interest in said motorcycle to secure financing for the purpose of said motorcycle , Any notice glven by one party to the other under this Agreement shall be given in writing at the address of the OTher party as set OUl below or at such other address as may have been fumlshed in wnting for such purpose. For the ('ity: Corpus Chnsti Police Department \ttn: Acting Police Chief Ken Bung \21 John Sartam Sl I 'orpus ChrIStl. Texas 78401 / //c; <:' C' f;/ ..,~ t A. C '...) v _iL..L, ./e ..,~.:.; c/l/ .)rJ: / ) 7', -Tt-' 4 Lessor shall notify the City Immediately in wnting of any charges or liens of any kind whatsoever Imposed upon the motorcycle :; rhis agreement shall be mterpreted under and governed by the laws of Texas. Ifany prOVIsions hereof or the application of any provisions to any person or circumstances is held invalid \)r unenforceable, the remainder hereof and the application of such provision to other persons or cIrcumstances shall remain valid and enforceable. () \ny payments to be made by the City in accordance with the terms of this agreement : I U \-,)1 f{ DoyleD< ufl"MYDO< 'S\2003 P&/1 lRD03Zonlngord DOYLEC\200JZO 1 030 I FuentesOrdApp&PC.doc p~J Mary \/allejo Motorc;ycle lease agreemenl doc - -------1 Page 6 ~- Page 6 of 7 shall be made hom cur-relit revenues a\ allable to the City and any futur-e payments shall be subject LO appropriations. The parties recognize that the continuation of any contract after the close of any fiscal year of the City of Corpus Christi. which fiscal year ends on July 31 of each year. shall be subject to budget approval providing for or covering such contract item as an expendITure 111 said budge! The CIty does not represent that said budget item will actually be adopted. said determination be1l1g Within the sole discretIOn of the Corpus Christi City Council at the time nfthe adoptIOn at a City budget Agreed \0 by LESSOR -~ - ~.~ / . . ~~~J[ At..test bV.~.. ,,", . By: / I Armando Chapa. City Secretary Approved as to legal form this d l.f __ day of ~......) . d-PV'-: By: ~'" ~...~ . ------+i=---- LIsa Agullar V ASSIstant City Attornev for City Attorney i i.U'( .-DIR'Doyle[)( urt" MyrX)( 'S\2003\P&Z< lRDOJ.zonmg.ord' DOYLEC\200JZO I 030 I FuentesOrdApp&PC.doc MAry Vallejo Motor~ycle i'9ase agreemenl doc ~--~~-- -----~~-~--~---- ~.] Page 7 -----~--_.._---~- -~.._--~,._~.._- Page 7 of 7 SCHEDULE A Attached to and made part of the Lease Agreement betw,ten thf City of Corpus ~hristi and " 7!L ~/ ,{ 7 /-~<- e /'C~> );/;;U; ~j' " J,./ iY DescrIptIOn of Motorcycle Make: M!21: /-1 {/- :: /( X/~,. - VrN J~A A /' Lt.:! 15 J S j(' lj j (10. c/;:"/ )' L,.-/// I" ,/'- LIcense Plate 1\ umber. //" // ~. '~ ~- ./ -ll r l + ~""--, i i .LEl l)1 RDoyleIX urtlsMYDO( 'S\2U03\ P&ZI )ROm ZOll!l1g.ord D( lYLEC\2003 /0 lu30 1. FUCIltesOrd App&PCdoc