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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 Valle.lo - poht;e roc lease.wp~ ;*-'a~e 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 a ,Lo2900~c~ mc I~ase EXHIBIT A lary V_alle~Io - police mc lease.wpd ~ I-'age 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 ~I:kLO2900~l~lJm mc I~e EXHIBIT A ~lary ~Vall~ejo - p~?ice mc lease Page 4 Guide. 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. H:~o2~00~ mc I~,¢ EXHIBIT A a4~il 2 2004 4 lary v'allejo police mc lease.wpO ~eSJ 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 H:~O2900~ic~ mc I~ EXHIBIT A I_a_r~ ~/_allejo - police mc lea~.s~_.wp~ Page 5 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 [a~ V_allejo - police mc lease.wpd Page 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 ,ary Vallejo - police mc lease.wpd Page EXHIBIT A lary Vallejo - police mc lease amd.wl~ Page I j 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. ~L3r¥ Vallejo - police mc lease ame,w~ . page ,2 i 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