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Home My WebLink AboutC2006-093 - 3/24/2006 - NA Mary Vallejo Motorcycle lease agreernenl doc Page 1 LEASE AGREEMENT Thi~ Lease A..greemem (heremafter refelTed to as "the Agreement") is made between the CIty of ('.~rpus Chn~,~ political sub~\VIsisn of the State of Texas, (hereinafter referred to as "theny)and___+'I',cfl,v ' 1("ltf,< ,apohceofficer employed by the City of ('orpus1:'hriStL (hereinafter referred to as "Lessor"), and WHEREAS, the use)f motorcycles by Corpus ChnstI Police Officers to perform official law cnt(lrCement dutlt's such as traffic enfi)rcement and traffic control serves a governmental PUrp'lSt WHEREAS, the use )f motorcycles by Corpus Christi Police Officers to provide funeral escons dnd other approved off-duty assIgnments also serves a governmental purpose; WHEREAS, SectIon 142.006 \b) orthe Texas Local Government Code requires that the City proVIde for msuring each police officer in Its employ against liability to third persons arising out of the operatIon. ma1l1temnce, or use of a motorcycle owned or leased by the municipality; WHEREAS, Section I 42,Cl06 id) ot the Texas Local Government Code provides that the CIty may elect to be self-insured 01 to reimburse the actual cost of extended automobile liability insurance endorsements (.btamed by a pollee officer on an indIvidually owned automobile liablllt'. Insurance DoilCY WHEREAS, the rexas legIslature In Article 715 c of Vernon's Texas Civil Statutes determ1l1ed that it IS Imperative that local governments have the authority to provide coverage agalllst any msurable risk at the lowest possible costs; WHEREAS, IIlS11ranCe compallles are no longer providing liability insurance for mOlmcvcles when they are used for law enforcement purposes: WHEREAS. the cos;s of obta1l1111g hability insurance through the assigned risk pool are prolllblllve. "lOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and L.essor agree as tilllows: \.RTICLE 1. LEASE OF MOTORCYCLES lessor agrees to least' to Cl1y, and (11y agrees to lease from Lessor, the motorcycle specified 111 Schedule A attached hereto. When used in this Agreement, the tern1 "motorcycle" shall mean a motorcycle leased hereunder. When used In this Agreement, the term "approved off-duty assignments" shal] mean those oft-duty aSSignments which (i) serve a governmental purpose of the': 'm and (11) ha\(> bc'..'n appro'. ed bJ t he Corpus Christl Police Ch ief or his designee. 2006-0l)3 03/24106 PotteL rimotb, -----1 _~age 2J Mary \/alle)c Motorcycle lease agreerT1ent doc Page 2 of 7 /\n) additIOns IL) or deletions fwm Schedule A, when agreed to by both parties, or any agreed variatIon m models or types of motorcycle, shall be evidenced by a supplement to this agreement. This agreement and lb suoplemenb thereto shall constitute the master lease agreement. \RTlCLE 2. OWNERSHIP OF MOTORCYCLES I hb IS an agreement uf lease only and may not be construed as a contract for the sale of a motorcycle. Clty acknowledges that Lessor is the owner of the motorcycle leased hereunder. Lessor "hall provIde the City with evidence of ownership. ARTICLE 3. LEASE PAYMENTS lIthe Lessor is assigned full time dutIes as a Corpus Christi Police Motorcycle Officer, the City agrees to pay Lessor per mileage 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 C'lty PollC\ F- 1.0 The City shall make such payment monthly to Lessor. 11 the Lessor IS not aS~lgned full tnne duties as a Corpus Christi Police Motorcycle Officer, but has been authorized bv the Corpus Chnsti 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 ihc term of thIS Agreement shall be for a term 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. ~R fICLE 5. OPERA TlOl'\ OF :\10TORCYCLES [j the Lessor IS assigned pennanently as a full tnne motorcycle officer for the Corpus Chnstl Police Department, then the parties agree that Lessor shall operate the motorcycle in the perf()mlanCe of offiCIal duties. The parties agree that Lessor may operate the motorcycle in the perfomlance of approved off-duty police assignments. Lessor shall nut permit the motorcycle to be used 111 violation of any federal, state or mUl1lclpal statutes. laws.)rdinances. rules or regulations. Lessor shall notif, the City Immediately of any and all accidents involving the motorcycle Such notIce "hall be by telephone and 111 writing and shall include full details of the aCCident and the names and addresses of all parties and witnesses, -i ['he City may Il1spect the motorcycle, upon the City's premises or elsewhere at any and all reasunable rimes, and the Lessor shall cooperate tully to faci Ii tate such inspections. ILit lIKDoyle[)( u!lISMYDUCS 200.' P&/ORDO:;/uli1l1g"rd'J)OYLEC.2003Z01030] Fuentes.Ord App&PCdoc Mary Vallejo Motorcycle lease agreement doc _.__ __~_____~_~__~age 3 I Page 3 of 7 " Lessor ~hall nut aLo\\-' any other person to use the Inotorcycle in the performance of officlal police dutles or III the perfonnance of approved off-duty assignments. In other words, the partIes dgree that the only person \\ho wll] use the motorcycle III the performance of police duties or in the perf(mnance.)fapproved 11fT-duty assignments IS the Lessor ARTICLE 6. SUBSTITUTION OF MOTORCYCLES I essm shall have lhe nght to substitute for any motorcycle under lease a motorcycle of comparable type and condltion. suhject to approval by Corpus Christi Chief of Police or his designee .\RTICLE 7. STATE, COC"JTY AND CITY REGISTRATION AND LICENSES lessor shall accomphsh the tltllllg. regIstration and hcensing in the State of Texas of motorcycle III Lessnr's name. Lessor shall accomplish and pay for any inspections of the motorcycle required during the tern1 of thIS 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 1.)]1 the lease. use. ownership or possession thereof pursuant to this Agreement. ARTICLE 9. REPAIR AND MAINTENANCE [.essm "ha1! keep clnd 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. Il1C]Udlllg 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 !fthe Les"or IS permanently assigned to the Motorcycle Division. Lessor agrees to provide all gasoline necessary to operate said motorcycle and to maintain all Oils and lubncants at the proper level lessor further agrees to keep said motorcycle properly stored and washed. rhe ('ity agrees te proVIde for the repair of a motorcycle which is damaged while being operated by Lessor in the performance of official police duties or durmg approved off-duty assignments If the C)rpllS Chnstl Chlef 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 e\ en1. pay Lessor the value of said motorcycle as listed in the then current Issue of the ~< .A.D.A. Motorcycle/ Snowmobile / A TV / Personal Watercraft Apprai~a] Guide. ILl '; )1 RDoyleDI urli, MYDOC S :''103 P&/l)RD03 Zl1l1ing.\Ird\f)()YLEC2CiCiY,zO I 030 I Fucntes.Ord.App&PC.doc Mari,'alleic Motorcycle lease agreement doc Page 4 Page 4 of 7 ARTICLE 10. RISK OF LOSS I ('s~or retaws risk of loss of tht motorcycle, including loss caused by theft of the motorcycle. ARTICLE 11. INSl'RANCE When the motorcycle is operated by Lessor III the perfom1ance of official police duties or in the pert()fmance of appro\ed off-duty assignments, the self-insurance fund of the City shall provide coverage for property and casualty losses. general liability. auto liability, worker's compensation and other IlIlscellaneous risks to the extent not covered by contractual insurance or other 1Il demlllfi cat Inn ARTICLE 12. INDEMNIFICATION When the motorcycle IS operated by Lessor in the performance of official police duties or in the perf()rmance of appro\ed off-duty assignments. the City shall indenmify Lessor as provided in Section 39-] 6 of the Corpus ChrISti Code of Ordinances. ARTICLE 13. TERMINATION I l' the motorcycle is stolen. 1 he Agreement shall terminate. Notwithstanding the previous prO\/lsipn, the Lessor reserves the option to offer a replacement or substitute motorcycle which motorcycle shall be subject to the tem1S of this Agreement and approval by the Corpus Christi Chief of Pollee or hiS deSignee. if the Corpus Chnsti Chief I)f 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 shall teml1l1ate. Notwithstandmg 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. I f the Lessor ceaStS to be employed as a polIce otTicer by the City of Corpus Christi, the agreement shall tenninate immediately .... I f the Lessor I s no longer authonzed to operate the motorcycle 111 the performance of offiCial police duties ur iL the perfonnance of approved ofT-duty assignments, the agreement shal! terminate immediately. rhe agreemenl may tem1inate upon the mutual agreement of the parties. () '\ default by Lessor with respect to any of the responsibIlities outlined in this agreement shall terminate the agreement '\otwithstandmg anything to the contrary herein. this agreement terminates automatically I.ll J )1 RDoyleDl llrl,sMYDO(S 2!iOl P&/l)RDO.1 ZonlTlgllrd i)( IYI.EC.200YZO I 0301.Fuentes.Ord App&PCdoc _!,age 5 J Mar alle!e Motorcycle lease agreen,ent doc Page 5 of 7 and without notice on (a) an attempted assignment by Lessor of this a!:,'Teement, or (b) an assignment by Lessor for he benefit of creditors. :-, Either party may terminate 111lS Agreement by providing the other party with thirty (30) days dd\ance wntten llotll,'e oftennination ARTICLE 14. GENERAL PROVISIONS !'his mstrument has been executed 111 duplicate original copies and constitutes the entire agreement between the parties hereto. This agreement shall not be effective until authorized by the City Councll and executed by the City Manager. This agreement cannot be amended or altered m any manner unless such amendment be signed by the City Manager (or his designee) and by l.essor. No forbearance to exercise any right or privilege under this Agreement or waiver of am breach of any of It~ temlS shall be construed as a waiver of any such terms, rights or privIleges, but r he same shall contlllue and remain 111 full force and effect the same as if no such forbearance or waJ\er had occuneC '\ieither thiS Agreement nor any mterest herem may be assigned by either party. Nothing contamed in thiS 1l1strument shall be deemed to prevent the Lessor from pledging his interest in said motorcycle to secure financing for the purpose of said motorcycle \ny nOllce gi\ en by one party to the other under this Agreement shall be given in writing at the address of the other party as,et out below or at such other address as may have been fum I shed in writing jl lr such purpose. For the (ity COlVm Chnsti Pohce Department \ttn: Acting Police Chief Ken Bung i2l John Sartain St. (orpus ChmtL Texas 78401 For Lessor: /", III G + llY (!'+~f ( _ .'32 I .le L'~4.Jt-+i.. .', I '0/1 r~~i!c'3:.~'../: ,fA 7k '-< {/ ! Lessor shall notif:. the City Immediately in writing of any charges or liens of any kind whatsoever imposed upon the motorcycle fhis agreement shall be interpreted under and governed by the laws of Texas. If any prov Isions hereof or the application of any provisions to any person or circumstances is held invaild or unenforceable. the rema1l1der hereof and the application of such provision to other persons or circumstances shall remain vahd and enforceable. (', '\ny payments toile made by the ('Ity in accordance with the terms of this agreement II Ii. )f f<\DoyleD1lln.sMYDOCS 2il()1 P&/ORDo) Zuning"rd [)OYLEC2()OJ\ZO I 030] Fuentes.OrdApp&PC.doc MaryJalle;c Motorcycle lease agreement doc Page 6 Page 6 of 7 shall he made trom curren! revenues a\aIlable to the City and any future payments shall be subJcct 10 appropnatlOns. [he parties recognize that the continuation of any contract after the close oj any fiscal year of the City of Corpus Christl, which fiscal year ends on Ju]y 31 of each yeaL shall be subject 10 budget approval providing for or covering such contract item as an expenditure m said budget. The City does not represent that said budget item will actually be adopted. said detenTIlnation bemg within 1 he sole discretion of the Corpus Christi City Council at the time of the adoption ofa City budget Agreed to bv THE ClT)! OF CORPl'S CHRISTI "I ) I By:.~~___~_~~_ GeoJ<ie K~ Noe, Cny I\:4D~eL Date LESSOR -- I-~~J J. _ By. / ' WI'~ ' In Fe "'- Name: -r;.' . ~ ~ Date: -':"-j C"c/ . r Attest bv By ~~ Armando Chapa, City Secr ry Approved as to legal tom] this_~ __ day of~_:.!.':__ .) {'c~ By: 1...t ,., . -1:.<. ..~---.._._----- -- -,-_.' ................. Lisa .\gUllar ASSistant City Attomey for elt) Attorney l..__ 0::.... L i {.Ii \ ,1)[ K\DoyleD( urm.MY DOCS200l P&/ORDO.hZol1ing.llrd'i )()YLEC2003JO 1030 I Fucntes.Ord.App&PC.doc Mary \jalleJ(; Motorcycle lease agreement doc _...m__ __ SCHEDULE A A ttached to and made part of the Lease Agreement b~. ,', n t ity ~~orpUbC. hriS~.i and _~ y, ;} ~=(r-'W l__ . J. , '/ I I j( I f (' d. DescnptlOn of \1otorcycJ, i ,- "'" Make:. ._ ..tkLkll_ /)0.\..)1 (j J.c;.~___ . i! ,: 'rD- Model' ....-L ~~.~~ rr ~ VIN 1lf()lFll}L01bl: Y~\0 License Plate Number _ ..::3 L~= ~=. ~r q z -) -t. ) .<....- '-. ( X I .../ " (~/ /()J -\- I . .'v~ ; .... ,..\ if; ) \ )f (F(' - .If" '. L / ./ ./~ . C ,.) -+ i '.0 '. - u_--~'______.=~=J:'~age ~j Page 7 of 7 1-/ u-cXo_ -;rf ! I U(, DI R\DoyleD( urtls.MYDOCS.2JlO.f P&/ORD03 Zoning.l'rd J)()YLEC"200Y70 1 030 1 FuentesOrd App&PC.doc