HomeMy WebLinkAboutC2005-261 - 5/26/2005 - NALEASE AGREEMENT
This Lease Agreement (hereinafter referred to as "the Agreement") is made between the
City of Corpus Christi, a political subdivision of the State of Texas, (hereinafter refeaxed to as
"the City") and E-tT~-~h~¢,.-z ..,/ ~A/~,4-~E'~ , a police officer
employed by the City of Corpus Christi, (hereinafter referred to as "Lessor"), and
WHEREAS, the use of motorcycles by Corpus Christi Police Officers to perform official
law enforcement duties such as traffic enforcement and traffic control serves a governmental
purpose;
WHEREAS, the use of motorcycles by Corpus Christi Police Officers to provide funeral
escorts and other approved off-duty assignments also serves a governmental purpose;
WHEREAS, Section I42.006 (b) of the Texas Local Government Code requires that the
City provide for insuring em:h police officer in its employ against liability to th[rd persons arising
out of the operatiom maintenance, or use of a motorcycle owned or leased by the munici[mlity;
WHEREAS, Section 142.006 (d) of the Texas Local Government Code provides that the
City may elect to be self-insured or to reimburse the actual cost of extended automobile liability
insurance endorsements obtained by a police officer on an individually owned automobile liability
insurance policy;
WHEREAS, the Texas legislature in Article 715 c of Vernon's Texas Civil Statutes
determined that it is imperative that local governments have the authority to provide coverage
againsl any insurable risk at the lowest possible costs;
WHEREAS, insurance companies are no longer providing liability insurance for
motorcycles when they are used for law enforcement purposes;
WHEREAS, the costs of obtaining liability insurance through the assigned risk pool are
prohibitive;
NOW, THEREFORE, in consideration of the mutual covenants contained hemh, the
City and Lessor agree ~s tbllows:
ARTICLE 1. LEASE OF MOTORCYCLES
Lessor agrees to lease to City, and City agrees to lease from Lessor, tl~ motorcycle
specified m Schedule A attached hereto. When used in this Agreement, the term "motorcycle"
shall mean a motorcycle leased hereunder. When used m this Agreement, the ternl "approved
off-duty assignments" shah mean those off-duly assignments which (i) serve a governmental
purpose of the City and (ii) have been approved by tl~ Corpus Christi Police Chief or his
designee.
11:~ 02!}OI)Ooii{m mc Ieee EXHIBIT A
2005-261
05/26/05
Gonzalez, Elizabeth
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Any additions to or deletions from Schedule A, when agreed to by both parties, or any
agreed variation in models or types of motorcycle, shall be evidenced by a supplement to this
agreement. This agreement and its supplements thereto shall constitute the master lease
agreement.
ARTICLE 2. OWNERSHIP OF MOTORCYCLES
This is an agreement of lense 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 shall provide the City with evidence of ownership.
ARTICLE 3. LEASE PAYMENTS
If the Lessor is assigned fulllime duties as a Corpus Christi Police Motorcycle Officer, the
City agrees to pay Lessor per mileage traveled in the performance of offficial duties, not to exceed
twelve hundred (1200) miles a month, tho standard mileage reimbursement rate adopted by tho
City in City Policy F--1.0. The City shall make such payment monthly to Lessor.
If the Lessor is not assigned full time duties as a Corpus Christi Police Motorcycle Officer,
but has been authorized by the Corpus Christi Chief of Police or his designee to perform approved
offduty 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 term of this Agreement shall be for a term of one year, commencing on tho date tho
agreement is executed by the City Manager or [tis designee. Unless terminated as herein
provided, the Agreement shall be automatically renewed for one year periods.
ARTICLE 5_ OPEKATION OF MOTORCYCLES
I. If tho Lessor is assigned permanently as a full time motorcycle officer for the
Corpus Christi Police Department, thon the parties agree that Lessor shall operate the motorcycle
in the performance of official duties. The parties agree that Lessor may operate the motorcycle
in the performanee of approved off-duty police assignments.
2. Lessor shall not permit the motorcycle to be used in violation of any federal, shate
or municipal statutes, laws, ordinances, rules or regulations.
3. Lessor shall notify the City tmmediately of any and all accidents involving tho
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. The City may inspect the motorcycle, upon the City's premises or elsewhere at any
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and..'all reasonable times, and the Lessor shall cooperate fully to facilitate such inspections.
5 Lessor shall not allow any other person to use the motorcycle in 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 in the performance of pohee
duties or in the performance of approved off-duty assignments is the Lessor.
ARTICLE 6. SUBSTITUTION OF MOTORCYCLES
Lessor shall have the right to substitute for any motorcycle under lease a motorcycle of
comparable type and condlliom subject to approval by Corpus Christi Chief of Police or his
designee.
ARTICLE 7. STATE, COUNTY AND CITY REGISTRATION AND LICENSES
Lessor shall accomplish the titling, registration and licensing in the State of Texas of
motorcycle in Lessor's name. Lessor shall accomplish and pay for any inspections of the
motorcycle required during the term of this Agreement by any governmental authority.
ARTICLE 8. TAXES
Lessor shall pay and hear all federal, slate and local sales, use, excise, personal property
mid 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
1. Lessor shall keep and maintain the motorcycle in good operating condition and
working order. It shall be the duty of the Lessor to make all necessary repairs and replacements
to the motorcycle, including 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 to the motorcycle if the Lessor is permanently assigned to the Motorcycle Division.
2. Lessor agrees to provide all gasoline necessary to operate said motorcycle and to
maintain all oils and lubricants at the proper level. Lessor further agrees to keep said motorcycle
properly slored and washed.
3 The City agrees to provide for the repair of a motorcycle which is damaged wkilc
being operated by Lessor in the performance of official police duties or during 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 he placed ia good workh~g 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 issue of the N.AD.A. Motorcycle/ Snowmobile / ATV / Personal Watercraft Appraisal
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ARTICLE 10. RISK OF LOSS
Lessor reta~s risk of loss of the motorcycle, includiog loss caused by theft of the
motorcycle.
ARTICLE 11. INSURANCE
When the motorcycle is operated by Lessor in the performance of offficial police duties or
in the perfurmance of approved off-duty assignments, the self-insurance f~nd of the City shall
provide coverage for property and casualty losses, general liability, auto liability, worker's
compensation and other miscellaneous ri~ks to the extent not covered by contractual insurance or
other indemnification.
ARTICLE 12. INDEMNIFICATION
When the motorcycle is operated by Lessor in tha performance of official police duties or
in tha performance of approved off-duty assignments, the City shall inderanif~ Lessor as
provided in Section 39-16 oftbe Corpus Christi Code of Ordi~anees.
ARTICLE 13. TERMINATION
I. If the motorcycle is stolen, the Agreemem shall terminate. Notwithstandhag the
previous provision, the Lessor reserves the option to offer a replacement or substitute motorcycle
wkich motorcycle shall he subject to the terms of this Agreement and approval by the Corpus
Christi Chief of Police or his designee.
2. If the Corpus Christi Chief of Police or his designee determines th~ the
motorcycle is so destroyed or damaged that it cannot economically he placed in good working
order, this Agreement shall terminate. Nutwithslanding 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 Police or his
designee.
3. If the Lessor ceases to be employed as a police officer by the City of Corpus
Christi. the agreement shall terminate immediately.
4. lfthe Lessor is no longer authorized to operate the motorcycle in the performance
of official police duties or in the perform, anee of approved off-duty assignments, the agreemem
shall terminate Mamediately.
5. The agreement may terminate upon the mutual agreement of the parties.
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6. A default by Lessor with respect to any of the respons~ilitles outlined in this
agreement shall terminate the agreement.
7. Notwithstanding anything to the contrary heroin, this agreement t~ln~nates
automatically and without notice on (a) an attempted assignment by Lessor of this agreement, or
(b) an assignment by Lessor for the benefit of creditors.
8. Either party. [nay terminate this Agreement by providing the other party.with thirty
(30) days advance written notice of termination.
ARTICLE 14. GENERAL PROVISIONS
I. This instrument has been executed in duplicate original copies and constitutes the
entire agreement between the parties hereto. This agreement shall not be effective until authorized
by the City Council and executed by the City Manager. This agreement calmot be amended or
altered in any manner unless such amendment he 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 he 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
forbeasance or waiver had occurred.
2. Neither this Agreement nor any interest herein may be assigned by either party.
Nothing contained in this instrument shall be deemed to prevent the Lessor from pledging his
interest in said motorcycle to secure financing for the purpose of said motorcycle.
3. Any notice given by one party to the other under this Agreement shall be given in
writing at the address of the other party as set out below or at such other address as may have
been furnished in writing for such purpose.
For the City:
Corpus Christi Police Department
Attn: Police Chief P. Alvarez Jr.
321 Join~ Sartain SL
Corpus Christi. le×as 78401
4. Lessor shall notify the Cily immediately in writing of any charges or hens of any
kind whatsoever imposed upon the motorcycle.
5. This agreement shall be interpreted under and governed by the laws of Texas. If
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any provisions hereof or the application of any provisions to any person or circumstances is held
invalid or unenforceable, the remainder hereof and the application of such provision to other
persons or circumstances shall remain valid and enforceable.
6. Any payments to be made by the City in accordance with the terms of this
agreement shall be made from current revenues available to the City and any future payments
shall be subject to appropriations. The parties recognize that the continuation of any contract after
the close of any fiscal year of the City of Corpus Christi, which fi~cal year ends on July 31 of each
year, shall be subject to budget approval providing for or covering such contract item as an
expenditure in said budgeL The City does not represent that said budget item will actually be
adopted, said determination being within the sole discretion of the Corpus Christi City Council at
the time of the adoption of a City budget.
Agreed to by:
TIlE CITY/OF CORPUS CHRISTI
By:
GeorgKK.q~ oe, C}ity Malinger
Date: 5,Z c
LESSOR
Name:
Date:
Lisa Aguilar
Assistant City Attorney
for City Attorney
EXHIBIT A
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SCHEDULE A
Attached to and made par~ of the Lease Agreement
between the Cily of Corpus Christi and
/
EL ~ -7~ ~ ~f'~_~-~
Description of Motorcycle
Make:
Model:
VIN:
EXHIBIT A
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EXHIBIT A
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Amendment No_ I to the Lease Agr.e~,meg! Between the City of Corpus
Christiand ~-7-~;~' ~7~ ~O~:~f~z_ ~
WHEREAS, the City of Corpus Ckristi and - ~ xecuted a Lease
Agreement, effective ~//~'~'/~5r , which ts incorporated herein for all purposes;
NOW, THEREFORE, the par~ies agree to amend the Le~se Agreement as follows:
1. The parties agree that the motorcycle described on the attached Exb2'bit A replaces the
motorcycle described in Schedule A of the Lease Agreement.
2. All other terms and conditions of the Lease Agreement remain unchanged.
Agreed to by:
THE CITYZF CORPUS CHRISTI
George/K. l~oe, ~i~ Ma~agefl
Date: %/2~9 [ O 5
Pete AIvarez, Jr. C~~
Date: ~/ [' ~/C'~
Approved as to legal form this ~,~ '~ day of
Lisa AguLlar, Assist ey
for City Attorney
LESSOR
By: '~
Name:
Date: ~//e~/O)'
~a~ ,2004.
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EXHIBIT A
Attached to and made part of the Lease Agreement
between the City of Corpus Christi and
Description of Motorcycle
Model: //~C~ '/:'~7 />
Li~ PNte Numar: ~03