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Home My WebLink AboutC2006-151 - 4/17/2006 - NA M::lry ValleJO Motorcy'cle iease agreenent doc -----1 Page !J LEASE AGREEMENT [ hIS Lease Agreement (hereinafter referred to as "the Agreement") is made between the :'it) (),f(.-,~rpus ChJ<;l, a politIcal subdl\'lslOn of the State of Texas, (hereinafter referred to as the(IIy)anC l;;VZ'f'\J P. P~~c. ~OJY.~,apohceofficer employed by the Cit\ of Corpus Christl (hereinafter referred to as' .essor"), and WHEREAS, the use ufmotorcycles by Corpus Chnstl Police Officers to perform official law cnl\xcement dutIes such as traffic enforcement and traffic control serves a governmental pulp! )S,' WHEREAS, the use of motorcycles h) Corpus Chnsti Police OfTicers to provide funeral escorts and other approved ofT-duty assIgnments also serves a governmental purpose; WHEREAS. Secllon l42.()06 (b) 01 the Texas Local Government Code requires that the City proVide for msunng each pohce officer III Its employ agamst liability 10 third persons arising out of the operation, mamten,mce, or llse (If d motorcycle owned or leased by the municipality; WHEREAS, ",eCllon ]42.006 Id) ot the Texas Local Government Code provides that the City may elect to he self-'nsured OJ to reimburse the actual cost of extended automobile liability insurance endorsements l,btamed by a polIce officer on an mdlvidually owned automobile habJllt\ Insurance DollCY WHEREAS. the lexas legIslature III Article -;] 5 c of Vernon's Texas Civil Statutes detennll1ed that 11 IS Imperative that local governments have the authority to provide coverage agamst any Il1surable risk at the lowest possible costs: WHEREAS, inSliranc:e companies are no longer providlllg liability insurance for mot(\rcvcles when thev are used for law enforcement purposes: WHEREAS, the cost-- of obtanll1lg Ilahllity IIlsurance through the assigned risk pool are proh I bll! ve: ",OW, THEREFORE, In con,-;Ideratlon of the mutual covenants contained herein, the City and !e~sor agree a~ fi,llo\vs' \RTICLE 1. LEASE OF MOTORCYCLES ies~or agrees to lease to City, and City agrees to lease from Lessor, the motorcycle specified 111 Schedule A attached hereto. When llsed in this Agreement, the ternl "motorcycle" shall mean a motorcvcle leased hereunder. When used m this Agreement, the term "approved off-duty assignments" shal! mean Those off-duty assignments which (I) serve a governmental purpose of the (1t\ and (11) have been approved by the Corpus ChnstI Police ChIef or his designee. 2006-151 04/17/06 Price. Kevin D. ~ Mary VallejO Motorcycle lease agreernent.doc -,..._,-,-- ,- ~--'I _______Page 2J Page 2 of 7 \m addlt!l)n~ to \ 'T deletions t! om Schedule A, when agreed to by both parties, or any agreed vanatlon Illmodeb or types ofmolOrcycle. shall be evidenced by a supplement to this agreement. This agreement and Its supplements thereto shall constitute the master lease agreement. :\.RTICLE 2. OWNERSHIP OF MOTORCYCLES I hIS IS an agreement I)f!ease only and may not be construed as a contract for the sale ofa motorcycle. City acknowledges that Lessor is the owner of the motorcycle leased hereunder. Lessor ,hall pmvlde the (Ity with evidence of ownershIp. ARTICLE 3. LEASE PAYMENTS I t the Lessor IS aSSigned full tIme duties as a Corpus Christi Police Motorcycle Officer, the City agrees to pay Lessor per mileage traveled in the perfornmnce of official duties, not to exceed twelve hundred (1200) mdes a month, the standard Imleage reimbursement rate adopted by the City :n ('Ity Policy F-l.O The City shall make such payment monthly to Lessor. lithe Lessor IS nOI aSSigned full time duties as a Corpus Christi Police Motorcycle Officer, but has been authorized 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 ternl of thIS A,greement shall be for a term of one year, commencmg on the date the agreement is executed by the City Manager or his designee. Unless terminated as herein proVIded. the Agreement.;hall be automatically renewed for one year periods. \RTICLE 5. OPERATION OF MOTORCYCLES It the Lessor IS as~igned pennanently as a full time motorcycle officer for the Corpus Chmti Police Departmel11. 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,)ff-duty polIce assignments Lessor shall not permit the motorcycle to be used in violation of any federal, state or mUnIcipal statutes, laws. (lrdinance" rules m regulations ; .essm shall notify the City immediately of any and all accidents involving the motorcycle. Such notice shall be bv telephone and 111 writing and shall include full details of the accident and the names and addresses ()fall parties and \vitnesses. 4 rhe City may il1spect the motorcycle, upon the City's premises or elsewhere at any and all reasonable times, and the LessOl shall cooperate fully to facilitate such inspections, IILH )1 RDoyleD( urt"MYDO( 'S'2'1fJ3\f>&/1 )RDOJ lonmg.ord 1)( I 'r'LE(\200J 70 1 OJO I FucntesOrdApp&PC.doc Mary ValieJo Motorcycle lease agreernenrdoc ____====--=-====page 3J Page 3 of 7 Lessor shali nnt allow any other person to use the motorcycle 111 the performance of official pohce dutIes or II the performance of approved off-duty assignments. In other words, the partJes agree that the onl) person who wIll use the motorcycle in the performance of police duties or in the perfornlance of <,pproved off-duty assignments is the Lessor ARTICLE 6. SVBSTITlJTION OF MOTORCYCLES [ es~or shall have ,he nght to substItute for any motorcycle under lease a motorcycle of comparable type and comhtion. subject to approval by Corpus Christi Chief of Police or his desHmee ~RTICLE 7. STATE, COU'ITY AND CITY REGISTRATION AND LICENSES I essor shall accompl1sh the titl111g. registration and ltcensing in the State of Texas of motorcvcle 111 Lessor's name. Lessor shall accomphsh and pay for any inspections of the motorcycle reqUired dunng the ternl of tIllS Agreement by any governmental authority. ARTICLE 8. TAXES [ 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 Lessor shall keep and maintam the motorcycle lJ1 good operating condition and working order It shall be the duty of the Lessor to make all necessary repairs and replacements to the motorcycle, mcluding but not be I1mited to tires. 011. lubricants and antifreeze required for the proper operation and/or protection 'Jf the motorcycle. The City agrees to provide for electrical repaIrs to the motorcycle rthe Lessor IS permanently aSSigned to the Motorcycle Division. ! ~essor agrees 10 proVide all gasolllle necessary to operate said motorcycle and to maintain all oils dnd lubricants at tlte proper level. Lessor further agrees to keep said motorcycle properly stored and washed lhe Cltv agrees to proVIde lor the repair of a motorcycle which IS damaged while being operated by Lessor 111 lhe Derformance of official pohce duties or during approved off-duty assignments. If the Corpus Christl Chief of Police or his designee determines that the motorcycle is so damaged that It cannot economlcallv be placed m 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 Issue of the 1\A.D.A. \1otorcvcle/ Snowmobile A TV / Personal Watercraft Appraisal GUide i fLU )J R DoyleD( tiTl;, MYIlO( 'S\21)[)<I'&/' )RDII~/on'nglll'd !l(IYI.EC101).1 /'0 j U~II! t'uentes Onl '\pp&PC'.doc Mary Vallejo Motorcycle lease agreernentdoc ----------------------. ---.J Page 4 -_._--_._----~._..~_.-._~~- Page 4 of 7 ARTICLE to. RISK OF LOSS essor retams nsk of loss of the motorcycle, mcluding loss caused by theft of the motorcycle. ARTICLE 11. INSl'RANCE When the motorcycle IS operated by Lessor in the performance of official police duties or in the performance of approved off-duty assll:,'Tlments, the self-insurance fund of the City shall provIde coverage for property and casualty losses, general lIability, auto liability, worker's compensation and other rmscellancous nsks to the extent not covered by contractual insurance or other I11demnificatlon ARTICLE 12. INDEMNIFICATION When the motorcycle is operated by Lessor in the perfomlance of official police duties or in the performance of approved off-duty assignments, the City shall indemnify Lessor as provided in Section 39-] 6 of the Cmpus Christl Code of Ordmances, ARTICLE 13. TER~nNATION I f the motorcycle ,s stolen. the Agreement shall terminate. Notwithstanding the previous proVISHln, 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 IllS deSignee If the ( orpus Chnsti Chief of Pohce 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 temlmate, NotWIthstanding the prevIous provision, the Lessor reserves the optIOn to offer a replacement or substItute motorcycle which motorcycle shall be subject to the temlS of this Agreement and approval by the Corpus Christl Chief of Police or his designee. If the Lessor ceases to be cmployed as a polIce officer by the City of Corpus Christi, the agreement shall tem11l1ak Immedlatel:> -i If the Lessor I" no longer authOrized to operate the motorcycle III the perfoooance of offiCial polIce dutJes or If the perfomlance of approved off-duty assignments, the agreement shali terminate Immediately. -, rhe agreement may termll1ate upon the mutual agreement of the parties. ,\ default by I essor with respect to any of the responsibi lities outlined in this agreement shall te1ll1inate the agreement. '\Jotwithstandll1g <lI1ythmg to the contrary herein. tIllS agreement terminates automatically I ,1.1 " III R'DoyleD( un ,,,,MYDO(S :~i)()1 P&/ORD<n !ul!ingurl!I>OYLFC 2UO.l!U I 030 1 Fuentes.Ord App&PC.doc Mary Vallejo Motorcycle lease agreerlentdoc ----------..-----~------J Page 5 Page 5 of 7 and \\ Itl10ut notice on (a) an attempted assignment by Lessor of this agreement, or (b) an assi~'JlJllent by Lessor for the benefit of creditors. :-. [Ither part) may termmate this Agreement by provIding the other party with thirty (30) days advance written notIce oftemnnatlOn ARTICLE 14. GENERAL PROVISIONS rhis mstrument has been executed IJ1 duplicate onginal copies and constitutes the entire agreement between the parties hereto. Tim agreement shall not be effective until authorized by the (It) Counctl 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 anv hreach of any elf it~ temlS shall be construed as a waiver of any such terms, rights or pnvlJeges, but rhe same shall continue and remain lt1 full force and effect the same as ifno such forbearance or wal\'er hac: occurrec. Neither thiS Agreement nor any mterest herem may be assigned by either party. Nothing contamed in thIS l11strument shall be deemed to prevent the Lessor from pledging his interest in said mOTorcycle to secure Cinanc1l1g for the purpose of said motorcycle , \ny notice gi\en hy 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 wfltmg !llf such purpO'ie. For the City Corpus Christl Police Department \ttn Acting Police Chief Ken Bung \21 John Sartam ~t. Corpus Chnstl Texas 78401 For Lessor: kf:\J-z:N D. ~~~E tl0'7~9 fDS} -, ~ N:D"\r (,. 5>...,-. c ~ ~ GHA;;z::!!rr;z=;~s. ---~-~!1:- 4 .essor shall notIfy the CIty ImmedIately in wntmg of any charges or liens of any kind whatsoever Imposed upon the motorcycle :; rhls agreement shall be mterpreted under and governed by the laws of Texas. If 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 remam val1d and enforceable. () \ny payments to be made bv' the (lty in accordance with the terms of this agreement LH ,-;)1 R'DoyIeD< lIrt"MYIlO( 'S\2"(l.1I'&7' IRD03 !on.ng.urd f)(JYLEC\200J JO I !I_~O 11'lIcntesOnL\pp&PC.doc Mary Vallejo Motorcycle lease agreement doc ._-....~---] Page 6 Page 6 of 7 shall be made trom current revenues available to the City and any future payments shall be subject to appropriations The parties reCOh'11ize that the contmuation of any contract after the close ot any fiscal year ot the City of ( 'orpus Christl, 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 expendnure In said budget. The City does not represent that said budget item will actually be adopted, Said deterrlllnatl<m being with III the sole discretion of the Corpus Christi City Council at the lime of the adoptl<m (,fa City I>udg.el Agreed to 1>\ By: Georg Date F CORPI S CHRISTI LESSOR By )l~ ~0"1'/9 Name: GVZI\J O. p:;:D::c 07 ~ 'l Date: _ 0'-1-. c '1- 0 (p " ...~., ~ , By: Ken Date Attest hy' . I Jr..~.~ By: Amlando Chapa, City Secreta _ j Appro\ed as to legal roml this ./- . -t;:. "U L4'~ By: _c'< ~-{/J.. =___ "L Lisa Aguilar AssIstant City Attorney for (It> Attorney day of /1-))v,.j: , JtJtn, i I \I.i (,. DIR'Doyle[)(urtlsMY [)()CS2UO' P&/ORDO.l ZOl!ing "rdIlOYLEC 20111/0 i 030 I FuentesOrd App&PCdoc Mary Vallejo Motorcycle lease agreememdoc SCHEDULE A A ttached to and made part of the Lease Agreement between the City of Corpus Christi and DescriptlOn of Moton:yck Make:_L 9 9 '1__1 A m fl_H <1:_ Model: -'1 A-('t'\_~"Lfi_1\(~__J} 00 c c VIN ~ ~ftV~E 8X ~ COO I ~ ~ ljcense Plate Number _~ ~ () G Lt.~ 7(. (( -I ~,,,( I) (( ',-) C. f. . \ ( I /':1./ " ;,..-. , 'I,LH ,[)IR\DoyleD( 'urlls MY [X\CS,.~OO' 1}&/ORD0.1 ],)j'lllg<lJ'(JI)l)YLFC 200.1./0 t 0.10 I FuentesOrdApp&PC.doc .- ~-'-"-'J . __~___~age 7 Page 7 of 7 Lf/7/0b