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Home My WebLink AboutC2005-623 - 10/31/2005 - NALEASE AGREEMENT This Lease A~e~_.~,ent (hereinafter referred to az "the Agre~xmnt") is msd~ botwe~a the ( iw of Corpus Chris'd, a political subdivision of the Stale of Texas, (hereinafter mfen~ to as "the (ity"~and 1~-:. ~.,-~-~..,~_ se'ff-.1/ ,apoliceoffic, er mxploled by thc C~ty of Corpus Christi,, lhereinsfler referred to as "Lessor"). and WHEREAS. the usc ofmotorc~les by Corpus Chri~ Police Of F-g:e~ to lmrform official law enlbrcemem duties such a~ traffic enforcement and Lraffic control serve~ a gOVea,~,,,~tal purpo~; WHEREAS. the uae of mo~orcyclea by Corpus Chri~ Police Office~ to pa-ovid~ fun~'al escorts and other zpprovod off-duty as~ignment~ also serve~ a governmental purpo~ WHEREAS, Section 142.006 Co) ofthe Texas Loc~ Govemmmt Code requirm lt~t the City oro, ~de for insuring each police officer in its employ agail'~t liability to third penmrm ~ out of thc operalion, maintenance, or usc of a motorcycle owned or leased by the municipalitT, WHEREAS, Soztion 142.006 id) ofth~ Texas Local Gov~ux,mt Code providm that the ('ity may elect to be self-insured or lo reimburse the actusl coat of extmtded mrtnmobilo 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 Vemon's Texaa Civil Statutm determined that it ns imperative that I_,~_~_1 governments have the authority to provide coverage algfin~t any insurable risk m the lowest possible costs; WHEREAS, insurance companies are no longer providing liability insurame for mo~ore~lm hen they are used for ~ enforcement purposes; WHEREAS, the eosls of obtaining liability insurance ~_muu~ thc medgned risk pool are prohibitive. NOW, THEREFORE, in considermion of the mutual covena~ contained lm'ein, the City and Lessor agree as follows: ARTICLE 1. LEASE OF MOTORCYCLES Lessor agrees to lea~c to City, and (.'ity agrees to lease from ~, tho mo~,cyele specified in Schedule A attached hereto. When used in this Agreement, the term "motom~lo" stroll mean ~ molorcyele leased hereunder. When used in this Agre~nent, the term "appmvod off-duty asaignmmts" shall mcan thoae off-duty asai~amcnts which (i) serve a gov~'nmmtal purpose of thc ('i~y and (,) have been approved bythc Corpus Christi Police Chief or hia dmignee__. ·\nx additions to or deletions from Schedule A. when a~ _arced__ to by bofl't partita, I 0~1/~ EXHmIT A RodriR,.et. I ,.is x arialmn in models or types of motorcycle, al'mil be evidenc~ by a supplement to thia agrem,.~ 'l'hm agreement and its supplements thereto shall constitute the m~tcr lem~ sgr~m~ont. ARTICLE 2. OWNERSHIP OF MOTORCYCUr.8 This ia an a4pecment of lease only and may not be construed aa a col~tmc~ for I~ aale of a motorcycle. City acknowledges that I_o~or is the owner of the motorcycle lmmed hereama~-. Lemor shall provide ~ City with evidence of own~'~hip. ARTICLE 3. LEASE PAYMEN'I~ If the L__~.~o_ r is a,uaigned full time duties az a Corptm Christi Police Motozc~le Officer, ~ City agrees to pay ~ per mile:age traveled in the performance of offic, ial duties, not to exceed twelYe hundred (1200) miles a month, the standaxd milea&e reimburaemenI rate adopt___ by the City in City Policy F-1.0. The City shall make sach payment monthly to Lessor. If the Lessor is not assigned full time duties ns a Corpus Chri~ Police Motom~le Officer, but has been authorized by the Corpus Christi Chief of Police or his designee to perform apl:tna~r~ off'duty motorcycle assignments, the City agrees to make lense payments of $1.00 (one dollm') to I ~,sor which shall be payable each time the lease is renewed. ARTICLE 4. TERM Thc term of this Agreement shall be £or a term of one y~ar. commencing on the ~t,~ the agreemem is executed by the City Manager or his designee. Unless termimted as herein provided, thc Agreement shall be antomntically renewed for one year periocla. ARTICLE S. OPERATION OF MOTORCYCLES I. If the Lesaor m a~signed pennanemly as a full time mok~s~ycle office~ _fn_e tbe Coq~m Christi Police Department, then the parties agree that Lessor shsll operate the motom~le in the performance of official dutim. The parties agree ~ L~aor may open~ the motorc~lo in the perform~mce of approved off-duty police assignments. 2. Lessor shall nm permit the motorcycle to be used in violntion ofnny fedm~, stare or municipal .~tuu~, laws, ordinance~ rules or r~tiorm. 3. l~sr~or ~udl notify the City immodiately of any and all accident~ involvin~ the motorcycle Such notice ~h',dl be by telephone and in writing and stroll include full ~ of tho accidenl and the names and ~ of all parties and witoeas~ 4. The City may inspect the motorcycle, upon the City's prembu~ or elsewber~ at nm/ and nil r~nso~hle time~ and the ~ shall cooperate fully to fncilitate sue. h inspectiont l~zor shall no~ allow any other person to use thc motorcycle in the in:rfc~nce of official police duties or in the performance of approved off-duty a~i~,,,uent~. Itt otl~r wui~, ~ho parties agree that the only pertain who will u~ the motorcycle in the perfuimaaCe of police dutim or m the performance of approved off-duty aasignme~ts is the Le~or. ARTICLE 6. SUBSTITUTION OF MOTORCYCLES La,or ~11 have the fight to sub~tute for any motorc~le ~ ~ a ~le of compaxable type and condition, subject to approval by Corpu~ Chri~ Chief of Police or his deaignee. ~RTICLE 7. STATE. COUNTY AND CITY REGISTRATION AND LICENSES Lessor shall ac. cornpli~h the titling, r~iatration and licoxsing in tbe Sta~ of Texa~ of nmt~rcycl¢ tn l_~uor's name. Lessor shall ~,~,,,qAiah and pay for any ~ of the required during the terra of this Agreement by any 8ovemmenia{ authority. ARTICLE & TAXEr bessor shall pay and be. ar all federal, rare and local ~lea, u~e, exciae., pemm~ property a~d other ~xe~ ~ all govemmev~ a~e~ment~ fern and char~s impmed oa or i~ ~ wlihthe motorcycle, or on the lease, tree, ownership or po~'~ion there~f~ to ~ ~ .&RTICLE 9. REPAIR AND MAINT~NAN~ I. Lessor shall ~ ~ maJntain tim motorcycle in good opa'stin~ c~mdition iaxl v, orkmg order. It shall lac the duty of the L_~ssor to make all neo~m3r ~ m~d mpl""~n,'~m to thc mc~orcyclr., including but not lac limited to tir~ oil, lubricants smd ~ n:quimd for tbe proper operation and/or protection of thc motcncycle. The City,_m'~m to provide for oiectric~ ~ to the moturcycl¢ iftbe Lessor is permanently mi~ to the Motorcycle Division. 2. Lessor agr~ to provide all g~olinc na:es~D, to open~ m~d motom~lc ired to maintain all oils and lubricants at the proper level. ~ further ~ to k~_~'p ~ motom~lc pro~-rly momcl ~ ss aabed. 3. The City ~reea Io provide for the r~air of a motmcycle which ia ~ while be]ng operated by Le~or in the performance of official police dutiea or durinff appmvod off-duty assignments. If the Corpus Christi Chiefo fPolice or his deaignee deterrninea tlug tbe motorcycl~ ia so da~ that it cannot oeonomic~ly lac phmed in gaod working order, then th~ City ~ ~ ~ as practicable m'~ter such event, pay Lmsor the value of aaid motorcycle aa listod in tho them c~'rmt issue of the N.A.DA Motorcycle/Snowmobile / ATV / Personal Watercraft ~ Guid~ ARTICLE 10. RISK OF LOSS 1 ~ssor retains risk of loss oflhe motorcycle, including loss caused by thefft oftbe moku~;yclo. ]! [.o_'~m r,~. n~ ~--. EXHIBIT A t ~:ta~, .~0. ~i'.- 3 ARTICLE ! i. INSURA_NCE When thc motorcyclc ia olgrat~l by Lcaaor in thc pcrfu,~mncc of official police dmim or in the performance of approved off-duty aasignmmta, thc sclf-imursn:e fund of tho City ahallpmvide coverage for pmpe~ and casualty lo~m, general liability, ~ liakfility, wodr~a c~~ and orhor miscellaneous fiaks to ~be extort not covegtxl by ~ inm~m~o or other imis'~nnifl~ ARTICLE 12. INDEMNIFICATION When fig motorcycle is operated by Lessor in tho performm~e o f off~'ialpolice dutim or in the ix-rformancc of approved off-duty assignments, the City shall indemnify ~ as provided in S~-ction 39-16 of the Corpus Christi Code of Ordinanc. es. ARTICLE 13. TERMINATION If thc motorcycle is stolen, the Agreement shall terminal. Notwithatamlh~ the p~w~ous provision, the Lessor reserves the option to offer a r~placemmt or aub~titu~ motosc~le which motorcycle shall be subject to the t~. ms of this Agrcen~-nt and al~n'ovsl by the ~ ~ ('hief of Police or hi~ designee. _. If the Corpus Chri~ Chief of Police or his dmigne~ ~ that tbe ~ is so destroyed or damaged that it cannot econcnnically be placed in good working order, lhis Agrccmenl shall ka,.inate. Notwithstanding the previous provision, thc Leasor r~servce the oplion to offer a replacement or substitute moto,;ycle which motorcycle mMll be mibject to the t~'ffm oflhis Agreement and approval by thc Corpus Chri~ Chief of Police or hia designee. Ifthe Le.sor c~case, to bc cmploy~xl as a police officer by tbe City of Cxnima Clu'i.fi, Ihe agreement si'mil terminme immediately. If thc Lessor is no longer ~ to op~r.t,~ the motorc~le in tbe po'fonmmce of official police dutic, or in the performance ofspprov~ off-duty ~ignme~m, tl~ ~ ~dl I~ ,.irate immediately. The agreement may terminate upon the mtmial %m'ccmmt of thc partic~ (,. A default by' Lessor with rcapoct to any of t~ rcsponamililJos outlined in this ag~emcm shall terminate the agreement. Nolwithstanding anything to the coatnn3, herein, this agreement terminatm automatically and without notice on (a) an attcmpt_~ ~t,q~ment by Lessor of this an ,ssismncm by Lessor for the benefit ofcrcditors. s. Either party may t~ udnme this Agreement by providing the other pm. ty with mlrty days sdv~nce ~fitten notice of termination. ARTICLE 14. GENERAL PROVISIONS I. This m~a'umem ha~ been executed in duplic~e original eopie~ ~md eo~finm.- tbe entire agreem~mt between the p~rties her~o. ~ %~emmt ihall not be eff~tive until ~ by the City Council ~ execmed by the City Mm~ger. This ~.~mt c. mmot be mxmmted or ~lt~xl in ~ny rammer unles~ such m'nendmenl be signed by the City Mmmger (or his d~fign~) stat by Lessor. ~ forb~m~.~e to exercise any fight or privileg~ under this Afl~emenI or wsiwr o£any brcach o i' any of its t~,.s ~ be cort~trued ~s a waiver of any such term~ lights or pr/v/le8~ but thc samc shall continue and rema/n in full force and effect the ~u-,~e aa if no such ~ or waiver had occurred. 2. Neither this Agreem~mt nor may interest herein may be a~-igned by either pm'ty. Nothtng contel.ed in this immu~em shall be cle~med to prm~nt the Lemor fixxn pled~i~g hi~ interest in said motorcycle to secure finam:ing for the Imrpose of said motx~gyele. 3. Any notice given by one pm'ty to the other under this Agreemmt ~ be giv~ in ~ nfing at the address of the other party a~ set out below or ~ such other addre~ m m~y trove been furnished in writing for such purpose. the ('it5: Corpus Christi Police Department ARm Police Chief P Alvarez Jr. 321 Joim Sm'rain St. Corpus Christi, Texa~ 78401 For Lo.or .t 4. Lessor shull notify thc City immediately in writing ofimy ~ or liem of~ny kind s h~,oever imposed u~on the motorcycle. 5. This agreement ahall be in~ taxler ami governed by the I~w~ of Texa~, provisiona hereof or lhe application of any pmvi~iona to any pen~a or ei_mmnataae~ i~ held invalid or unenforceable,, tho mm&inder hereof mad l~e a~lication of such provision to other pe~aona or clreurr~lm~e~ ahall remain valid ired enforc~tble. O. Any payments to be made by the City in accord,race with the terrrm ofh~i= %m~mamt shall be made from current revenues available to the City and any fuun~ paym~a ahall be ~abject to agOrooriatiorm. The partie~ n:cognize that the contin,,~io~ of any conlract after th~ clo~e of any fiscal year ofthe City of Corpu~ Christi, which fi~cal year er, ds on July 31 of tmch )~n', ~mll be Il I m~o~,~ m~ EX'HI:BIT C~,~x-r '0, 200- st,bject to budget approval providing for or covo'ing such contract item a~ an ~pemlitu~ in said b-,dgel. The CJI)' does no( reprt~-nt that said budge~ il~a,, will ac~ally be aclopl~[, said dcterrninatlon b~ng within thc sole discr~ion orthe Con)us Chri~ City Council at tbe ti,,,¢ of tho a<[op~on ora City budget. Agroex:l Io by: THE CITY OF CORPUS CHRIST! (Bi~ci,y M~nager Date ~/. ~., .: .r LESSOR. ... ~ Date: Pet~ Alvin'cz_., Jr. Chief ~oli~'~" AUesl by: Approved aa to legal form thia __ By: "' ~- ,t ~ ,.. i.isa Aguilar Assistant City Attom~ny for Ci~' Attorney SCHEDULE A Attached to and made part of the Lea~: A~ b~tween the City of Corpua Christi and De~--npt~o~ of Motorcycle I ,(_.'/";';:-"/n" H I~~ EXHIBrr A