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Home My WebLink AboutC2006-152 - 4/17/2006 - NA Mary VaileJo Motorcycle lease agreemenLdoc - n___=-__= -==-___~ag~_ (] LE~SE AGREEMENT i'hls Lease Agreement (hereinafter referred to as "the Agreement") IS made between the City otCorpus Christ)., a politica) sub<}ivlsion ofth~ State of Texas, (hereinafter referred to as "the City") and A/C1.!:>.P~ f.-L /{((/.I(/~ ~ ,apolice officer emploved hv the htv 01 Corpus Christl. (hereinafter referred to as "Lessor"), and WHEREAS. the use of motorcycles by Corpus Chnst! Police Officers to perform official la\\ enforcement dutles 'llch as traffic enforcement and traffic control serves a governmental purpose WHEREAS. the use of motorcycles by Corpus Chnstl Police OITicers to provide funeral escorts and other approved off-dUlY assignments also serves a governmental purpose; WHEREAS, SeetlO]1 142.006 (b) of the Texas Local Government Code requires that the City pro\ [de for msunng each police otIicer Il1 itS employ against liability to third persons arising out of the cJperation, maintenance, or use ,)f a motorcycle owned or leased by the municipality; WHEREAS, Seetiol! 142.006 (d) of the Texas Local Government Code provides that the Cit: may elect to he self-msured or to reImburse the actual cost of extended automobile liability insurance endorsements)btained bv a pollce officer on an individually owned automobile lIability insurance policy WHEREAS, the Te'-as legislature 111 Article 7 i 5 c of Yernon's Texas Civil Statutes detenlllned that It IS imperative that local governments have the authority to provide coverage agall1s1 any msurable rish at the lowest possible costs: W'HEREAS. lI1SLlranCe companies are no longer provid1l1g llabilIty insurance for motorcycles \\hen they are used fpr law enforcement purposes: WHEREAS, the costs ofobtall1ing l1ability 1l1surance through the assigned risk pool are prohIbItive: "lOW, THEREF'ORE, 111 conSideration of the mutual covenants contained herein, the City and Lessor agree as l()II(.ws: ,\RTICLE 1. LEASE OF MOTORCYCLES essor agrees 10 lease to City, and City agrees to lease from Lessor, the motorcycle specified 111 Schedule A attached hereto. When used in this Agreement. the term "motorcycle" shall mean a motorcycle leased hereunder. When llsed 111 this Agreement, the ternl "approved off-duty ass]h,'llments"shal] mean those off-duty assignments which (i) serve a governmental purpose of the and (11) have been appro\cd by the Corpus Christi Police Chief or his designee. 2006- 15:: 04/li/Oh Nunez. Robert ( Mary Vallejo Motorcycle lease agreement.doc ------- Page2-1 __ ___ ______ __ _J Page 2 of 7 \ny additlons to or deletIons Jrom Schedule A when agreed to by both parties, or any agreed vanatlOn in models or types of motorcycle, shall be eVldenced by a supplement to this agreement. Th1" agreement and Its supplements thereto shall constItute the master lease agreement. ARTICLE 2. OWNERSHIP OF MOTORCYCLES f'h I s IS an agreement of lease only and may not be construed as a contract for the sale of a motorcycle. ('Ity acknowledges that Lessor is the owner of the motorcycle leased hereunder. Lessor shall pr(l\1de lhe City with eVIdence of ownership. ARTICLE 3. LEASE PAYMENTS lflhe Lessor IS assigned full time dutIes as a Corpus Christl Police Motorcycle Officer, the Cit) ab'Tees to pay Lesso" 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 CilV III City Policy F-l ,II, The ('Ity shall make such payment monthly to Lessor. If! he Lessor IS not assigned full time duties as a Corpus Christi Police Motorcycle Officer, but has been authonzed by the Corpus ('hristi Chief of Police or his designee to perform approved off duty motorcycle asslgnments. the City agrees to make lease payments of $1.00 (one dollar! to Lessor wlm:h 'hall be payable each time the lease is renewed. <\RTICLE 4. TERM I'he term of thIS \greement shall be fc)r a term of one year, commencing on the date the agreement IS executed bv the City Manager or his designee. Unless terminated as herein provided, the A!:-rreemeTI1 shall be automatIcally renewed for one year periods. ARTICLE 5. OPERATION OF MOTORCYCLES If the Lessor IS assigned permanently as a full tIme motorcycle officer for the Corpus Chllstl Police Department, then the parties agree that Lessor shall operate the motorcycle in the performance of official Juties. The parties agree that Lessor may operate the motorcycle in the performance of approved ofT-duty police assignments. ~'. LessOl shall not permit the motorcycle to be used In VIolation of any federal, state or mUl1lclpal stalUtes. laws ordinances. rules or regulations. LessOl shall] 10tii';! the Cay immediately of any and all accidents involving the motorcycle Such notict shall be by telephone and in writl11g and shall include full details of the aCCident and the names and addresses of all parties and witnesses. 4. fhe City ma: I11spect the motorcycle, upon the City's premIses or elsewhere at any and all reasonable times, and the Lessor shall cooperate fully to facilitate such inspections. f hi H DI R\Doylel lClirtlS\MY DOC'i21J(!1 Pc' IOR[)IJ~ \/, ming.md ! lOYLE<'21J1J3 ]111 03(1 I luentesOrd.App&PC.doc Mary Vallelo Motorcycle iease agree'Tlent.doc .-.----..-.n......l Page 3 -,_...,_._._-~~.---... Page 3 of 7 [,essor shall not allow any other person to use the motorcycle m the performance of offiCIal polIce dutIes ,)r LJ the perfom1ance of approved ofT-duty assignments. In other words, the partlcs agree that the onl\ person who wIll use the motorcycle In the performance of police duties or the performancl' of approved off-duty assignments IS the Lessor ARTICLE 6. SUBSTITUTION OF MOTORCYCLES essor shall have the right to substitute for any motorcycle under [ease a motorcycle of comparable type and condition. subject to approval by Corpus Christl Chief of Police or his deSIgnee, ARTICLE 7. STATE, COUNTY .\ND CITY REGISTRATION AND LICENSES essor sha II accompi Ish the tl1lmg, registration and licensmg in the State of Texas of mOlofL:ycle m Lessor's name, Lessor shall accomplish and pay for any inspections of the mOlurcvcle reqUired dunng the term of this Agreement by any govemmental authority. \.RTlCLE 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 on the lease. use, ownership or possession thereof pursuant to this Agreement. ARTICLE 9. REPAIR AND MAINTENANCE Lessor shall keep and mall1tain the motorcycle m 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, OlL lubricants and antifreeze required for the proper operation and or protection of the motorcycle, The City agrees to provide for electrical repaIrs 10 the motorcycle If the Lessor IS permanently assigned to the Motorcycle Division. Lessor agrees to provide ai I gasolll1e necessary to operate said motorcycle and to maintain all otis and lubricant, at 'he proper level, I ,essor further a,grees to keep said motorcycle properly stored and washed rhe City df,rrees tJ proVide for the repair of a motorcycle whIch is damaged while being operated by Lessor in the perfomunce of offiCIal police duties or dunng approved off-duty assI,l,'11ments. If the ( 'orpus Christl ChIef of Police or hiS designee determines that the motorcycle IS Sll damaged thaI 11 cannot economicaJly be placed in good working order, then the City shall, as S"Ol\ as practicable after such event. pay Lessor the value of said motorcycle as listed in the then current Issue of the \l,A,I),A Motorcycle/ Snowmobtle ! A TV Personal Watercraft Appraisal CiUlde I j I ; (,. DIR\Doylef )(w (lsJvlY[)()( 'S~()O ;P& IORf)()J'/t'nmg \He! lJOYL!'C 21103 70] 030 I FuenlesOre!.App&PC.doc Mary V'aiiejo Motorcycle iease agreemeriLdoc Page 4 Page 4 of 7 ARTICLE 10. RISK OF LOSS .essor retum, rlSK ot loss of the mOlUfcycle, Includmg loss caused by theft of the motorcycle. ARTICLE 11. INStrRANCE Wilen the moton.yck IS operated by Lessor m the perfom1ance of official police duties or in the performance of approved off-duty aSSignments, the self-insurance fund of the City shall pro\lde coverage for property and casualty losses, general liability, auto liability, worker's compensation and otherniscel1aneous risks to the extent not covered by contractual insurance or other Il1demni ficat iOll. ARTICLE 12. INDEMNIFICA T10:\! When the motorcycle IS operated by Lessor 111 the perfom1ance of official police duties or in the perfom1ance of approved off-duty assignments, the City shall indemnify Lessor as provided In Section :\9-16 (,I' the (orpus Christl ( 'ode of Ordinances. ARTICLE 13. TERMINATION If the motorcycle IS stolen. the Agreement shall tenninate. Notwithstanding the previous prm ISlon, 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 ()f Pohce or hlS designee If the Corpus Christi 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 tenllinate. Notv..ithstandlng the previous provision, the Lessor reserves the option to offer a replacement or substitute motorcycle which motorcycle shall be subject to the tenllS of this Agreement and approval by the Corpus Christi Chief of Police or his designee. tfthe Lessor ceases to be employed as a pohce officer by the City of Corpus Christi, the agreement shall tem'llnale immed13tely l Ifthe Lessor 1S nil longer authOrized to operate the motorcycle in the performance of offiCial police duties or In the perfom1ance of approved off-duty aSSignments, the agreement shall terminate immediately. , fhe aE,'feement may tennmate upon the mutual agreement of the parties. (1. ,\ default by Lessor With respect \0 any of the responSibilities outlined in this agreement shal I terminate the aE,'feement. Notwithstanding anythmg to the contrary herein. this agreement terminates automatically Ii ., '()I R\Doyle! lClirt1S\M Y 1)1 )(s ~()(, ; PbJORDIH \/, "lmg.",,' I )OYI.E(\2UI.l3ZU 10301 lucnles Ord.App&PC.doc Mary Vallejo Motorcycle lease agreerner!t.doc __ ___ = ~ag~'5j Page 5 of 7 and without notice Oll (a an attempted assIgnment by I ,essor of this agreement, or (b) an assqmment b) Lessor fOJ the benefit elf creditors, " Either party may lernlmate this Agreement by provIding the other party with thirty (30) day, advance wntten notice of tenninatlon, ARTICLE 14. GENERAL PROVISIONS rhlS mstrumt'nt has been executed 111 duplIcate origmal copies and constitutes the entire agreement between the parties hereto This agreement shall not be effective until authorized by the ('ity Councd 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 nght or privilege under this Agreement or waiver oLlIlY breach of any ()f 11 S ten11S shall be construed as a waiver of any such terms, rights or pri\ lieges, but the same ~hall contll1uc and remam III full force and effect the same as if no such forbearance 01 waIver had occurred Neither thiS Agreement nor any mterest herem may be assigned by either party. Nothing conta1l1ed 111 tl1lS l11strument shall be deemed to prevent the Lessor from pledging his interest in said motorcycle to securl' financlllg for the purpose of said motorcycle, Any notIce gl ven by one party to the other under thIS Agreement shall be given in writing at the address of the uther party as set au] below or at such other address as may have been funl1shed III wnt1l1g lor :-uch purpose For Iht' City: Corpus Christi PolIce Department Attn: Actmg Pohce Chief Ken Bung 321 John Sartain St. Corpus Chy,stI, -I exas 784<) I For Leswr ,/' c ('X,. .f- (. ! \, ',-/ C /-; /:: ~, ) u../I " J,- ,;i~ V .-t,., .-- ,~~7, " ./ - -+. I ,essor shall noti1y the City lmmediately in writmg of any charges or liens of any kind whatsoever imposed upon the motorcycle fhls agreement sllall be interpreted under and governed by the laws of Texas. If any prO\lSlons hereof or the dPplication of any proviSIOns to any person or circumstances is held mvalid or unenforceable the remainder hereof and the application of such provision to other persons or circumstance, shall remain \al1d and enforceable. r. Any paymenh to be made by the CIty in accordance with the terms of this agreement If: I H "Uf R\Doyle!J( 'urtls:M Y DOCS 200 \ P& /ORD(J,l :/lllmg (llll [)OYLEC 200J /0 1030 I lucntes,OrdApp&PCdoc Mal'y VallejO Motorcycle lease agr"eement.doc Page~6 ) Page 6 of 7 sha] I be made from current revenues avaIlable to the City and any future payments shall be sub!ecI to appropnatlOns The pat1les recognize that the continuation of any contract after the e1me uf any fiscal year of the City of ('orpus Christl. which fiscal year ends on July 31 of each year shall be ~ubJect to budget approval providing for or covering such contract item as an expendIture 111 said budget. The City does not represent that said budget item will actually be adopted, SaId detem11natJOn bemg within the sole discretion of the Corpus Christi City Council at the !t1H:' of the adoptn)!1 )f a CIty budget '\greed 10 by OF CORPl'S CHRISTI LESSO", /,,-/ ...' .1 /-4, --- ..c' / // . By:"'. ",/ '_~/ Z--.--) N..Ta~;: /~~Sy C ~Jl~. Date: . - 2.:..?-O G By' ____. .._ George e, City Manager Date '-~-'-r--~-=-''': / --7 ~~n B~,~~L;;t;z; Datc Attest by: J~~) By Amlando Chapa, Citv Secre ", 1 Approved as to legal fonn tl115 _ ~~ day of ,-\:\2 ......{ ~- .(".Vl ,4 Z _ ....' P-r By ~.___ Lisa Aguilar ASSistant City Attorney for (1tv Attorney .r(i1! L H'l !( ..DIR\Doyle!)( 'llrllS\MY[)( )CS~oo,. P&/ORD03'/OlllOg llr,I DOYLFC200JZO I 030 I FllcntesOrdApp&PC.doc '..........;.- Mar;' VallejO - Motorcycle lease agreement.doc SCHEDllLE A \ttached 10 and made part of the Lease Agreement betwee~l the City of Corpus Chnsti and _ ~ ~'2 <.Av" r j"'~\e L_ De~cnptJon of l'v1otorcYlle , ' I ./'!/ . Make _~::.___~ Mode! )/ i/, VIN~:'L)-1 c) ~=-( , '-- 4 .'~~ ,h, ,2 '" " ...., '7 License Plate Number: 1 ./ ,-,' 1\[ iCIlIR\DoyleIl( ultlS'M\ D()C~200' P&lOR[)OJVolllng.ord DOYLI'C21iIL1Z0 1 030 i FucntesOrdApp&PCdoc . =-__=~-=~~=?ageTI Page 7 of 7