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Home My WebLink AboutC2006-158 - 4/27/2006 - NA ry " _ HotorcyclE lease agreernerlt.doc 'J; ,;:/'. A :> It f'a~~~_ ;~ L< .j. cf h(c c-l ! ' -/ / .;j /.<i+t-. /' . LIt". ./ LEASE \GREEMENT Thl~ I case Agreement (hereinafter referred to as "the Agreement") is made between the ('ity of ('m'pus Chns~l, a pot~ca] :J~dlV2.:~!gn ~f thState ~~xas, (hereinafter referred to as "'the Cltv' ) and "- ,).! ,R/' I ./. J, I.. . ..J S" L" , a police officer employed hy the City of Corpus Chnstl. (herei, fier re ed to as "Lessor"), and WHEREAS, the use 01 motorcycles by Corpus Christi Police Officers to perform official iaw enforcement dutIes such as traffic enforcelnent and traffic control serves a governmental PUrpOSl' WH E REAS, the use oj motorcycles by ( orpus Christi Police Officers to provide funeral escorts ,md other approved off-duty assIgnments also serves a governmental purpose; WHEREAS. Section 142.006 (b) of the Texas Local Government Code requires that the City provide jllr insunng each police officer In Its employ agamst liability to third persons arising out of the llpcration. mamtenance. or use of a motorcycle owned or leased by the municipality; WHEREAS. SectlOn 142006 (d! oflhe Texas Local Government Code provides that the (~ity may ~'Iect to be sel [-insured or tp reimburse the actual cost of extended automobile liability msurancc endorsements obtained by J police officer on an individually owned automobile l1abi1il\ lI1surance poliC\!; 'WHEREAS. the Texas legislature in Article 715 c of Vernon's Texas Civil Statutes detenn I nl:d that It is imperative that local govemments have the authority to provide coverage against allV insurable risk at the lowest possible costs: WHEREAS. II1surance compames are no longer provlding liability insurance for motorcYC ies when they are used for law enforcement purposes: WHE REAS, the custs of obtammg IJabJilty insurance through the aSSigned risk pool are prohibit!'. c: NO". THEREFOIU:, In consideratiOn of the mutual covenants contained herein, the City and Less,)r agree as follows' ARTICLE 1. LEASE OF MOTORCYCLES Lee-sl'l agrees to lease to City. and City agrees to lease from Lessor, the motorcycle specified III Schedlde A attached hereto. Whet' used m this Agreement, the term "motorcycle" shall mean a moton:y" ie leased hereunder. When used 1D this Agreement, the tenn "approved off-duty assignn1L'nts" shall mean those off.duty asslgnments whIch (i) serve a govemmental purpose of the Cnv .111d (ii I have been approved by the Corpus Chnsti Police ChIef or his designee. 2006-158 04/27106 "oung. I arry y V8iejO, . !\!1otorcycle ,ease agreemen'dCiC Page 2 I Page 2 of 7 Any ,1ddItIOnS to In delet Ions from Schedule A, when agreed to by both parties, or any agreed ,ariatloli II rnodeb or t)Ves ofmotorcvcle shall be eVidenced by a supplement to this agreement. rhis agreement and ils supplements thereto shall constitute the master lease agreement. \ R nCLE 2. O\VN ERSHIP OF ~10TORCYCLES This! s ,m agreement of lease only and may not be construed as a contract for the sale of a motorcYl k City acknmvledges that lessor IS the owner of the motorcycle leased hereunder. Lessor shall provide the Cit,. with eVIdence of ownership. ARTICLE 3. LEASE PAYMENTS If thl' I esso! IS assigned full tlme duties as a Corpus Chnsti Police Motorcycle Officer, the City agrees 10 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 III ( 11\ PolIcy Ful.!) The Cnv shall make such payment monthly to Lessor. If the I essor is not assigned full time dutIes as a Corpus Christi PolIce Motorcycle Officer, but has been authorized by the Corpus Chnstl Chief of Police or his designee to perform approved (\ffduty motorcycle aSSIgnments. the City agrees to make lease payments of $1.00 (one dollar) H; I essor which sha \l be payable each time the lease is renewed \RTICLE 4. TERM The 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 provided. the Agreement shall be automatically renewed for one year periods. ARTICLE 5. OPERA TION OF MOTORCYCLES [ . I r ! he Lessor IS ass] gned permanently as a full time motorcycle officer for the Corpus Chnsti POlIce Department. then the parties agree that Lessor shall operate the motorcycle in the perfomtal1ce of offiCial duties, The parties agree that Lessor may operate the motorcycle in the perfomlance of approved off-duty police aSSignments, 2. i x,sor shall not permit the motorcycle to be used In Violation of any federal, state or muniCIpal ~tatutes. laws. ordinances, "ules or regulations 3. Lc,sor shallnotl fy the City Immediately of any and all accidents involving the motorevck Such notice shall be by telephone and in writing and shall include full details of the accldern ~lfld the names and addresses of all parties and witnesses, 4. Ih' City may inspect 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. i, ['Ci.;)if< l )oyleDCU!' , 'r DOC 5. .20"." \P&Z( lRD03/onll1f ord'DO'\ I EC\200YZO I 030 1 Fuenles.Ord App&PC.doc ley Val!ejO f\1otorcycle lease agreenlent.coc Page 3 I ._~~.__.J Page 3 of 7 '-, c-.sor shall not alkw any other person to use the motorcycle In the performance of offiCial police duties or in t'le perfoffimnce,)1' approved off-duty assignments. In other words, the partles ,lgree that the only person whe w1l1 use the nlotorcycle in the performance of police duties or in the perfonnance 01 approved on-duty dsslgnments IS the Lessor. ARTICLE 6. SIJBSTlTl'TION OF MOTORCYCLES Les.,or shall have the nght to substitute for any nlotorcycle under lease a motorcycle of comparable type and conditIon, subJect to approval by Corpus Christi Chief of Police or his deslgnet ARTICLE 7. STATE, COUNTY AND CITY REGISTRATION AND LICENSES Les,OI shall accomplish the tltlmg, regIstration and hcensmg in the State of Texas of motorcycle m Lessor's name. Lessor shall accomplish and pay for any inspections of the motorcycle required dunng the term nfthls Agreement by any governmental authority, \RTlCLE 8. TAXES Les-.Ol shall pay and bear all federal, state and local sales, use, eXCise, personal property and other ta 'Xc'> and all governmental assessments, fees and charges imposed on or in connection with the motm,'vcle. or on the lease. use. (.wnershIP or possessIOn thereof pursuant to this Agreement. ARTICLE 9., REPL\IR AND MAINTENANCE i, ,(ssor shall keep and mamtalTl the motorcyc I e In good operating condition and working order. ! I ,hall be the duty \)f the Lessor to make all necessary repairs and replacements to the motorevcic. including but not be lImned to tires, oil, lubricants and antifreeze required for the proper IpnatlOn and/or prutection of the motorcycle, The City agrees to provide for electrical repairs !o rhe motorcycle i the Lesso' is pemlanently assigned to the Motorcycle Division. 'l',sor agrees to pnwide all gasolme necessary to operate said motorcycle and to maintain all oils drHl lubricant~ at the proper Ie"el I .cssor further agrees to keep said motorcycle properly stored df1l: washed, "\ ll:c City agrees to prov'ide fOT the repair of a 111.otorcycle which IS damaged while being operated hv Lessor In the performance of otTlcial police dutles or during approved off-duty assignmcllh. If the Corpu.; Chnsl1 ChIef of Police or his designee determmes that the motorcycle : s so d<.l!n,lged that 11 cannot economIcally be placed in good working order, then the City shall, as soon a, practicable after such event. pay Lessor the value of said motorcycle as listed in the then current issue of the N A.DA, 1vhtorcvcle! Sno~'mobile A TV ! Personal Watercraft t\ppral"a I ( rUlde l! "CT' if i)oyleDCUl j\'DOC:-.2(d;;P&Z( IRDC3/,mll1ford\[)U'\ 1 EC\2003LO 0301 Fuentes.OrdApp&PC.doc VCllieJc fJlotorcyc!e lease_agreemen' doc Page 4 Page 4 of 7 ARTICLE 10. RISK OF LOSS Less"r retainS nsk of [os" of the mC>torcyc!e. ine] udlllg loss caused by theft of the motorcycle. ARTICLE ] 1. INSlfRANCE When 1 he motorcycle IS ,)perated by Lessor III the performance of official police duties or in the performance of approved off-duty assignments, the self-insurance fund of the City shall provIde ;:overage for property and casualty losses, general liability, auto liability, worker's ~ompen~atlon and other miscellaneous nsks to the extent not covered by contractual insurance or Aher indernmficat!on ARTICLE ]2. INDEMNIFICATION When 1 he motorcycle IS Jperated by Lessor III the performance of official police duties or in the performance of approved off-duty assignments, the City shall indemnify Lessor as provided III Section ~Q-16 of the Corpus Chnsl1 Code of Ordinances ARTICLE 13. TERMINATION 1 i! the motorcycle IS stolen. the .\greement shall tem1111ate. Notwlthstanding the previous provlsio1 \. \ he Lessor reserv,;s the optIon to offer a replacement or SubstItute motorcycle which motorcycle shall be subject to the tenm of this Agreement and approval by the Corpus Christi ('hiefo! PC'hce or his designee 2 ] 1 the Corpus Chnst ChlefofPollce or his designee determines that the motorcycle is so destroyed or damaged that It cannot econOlmcally be placed III good working order, this Agreement shall tem1inate. Notwithstanding the previous provision, the Lessor reserves the option 1l) otTer a replacement or substItute motorcye Ie which motorcycle shall be subject to the terms of 1 hiS Agreement and approval ~y the Corpus Chnsti Chief of Pollee or his designee. :3 I t the Lessor ceases 10 be employed as a poli ee officer by the City of Corpus Christi, the agreement ~haIl tenmnate immedIateh 4. I t tile Lessor IS no longer authonzed to operate the motorcycle m the performance of official police dutles or III the perfonnance of approved off-duty assignments, the agreement shall tennlIlate Immedialeh ~ ! he agreernell1 may tennmate upon the mutual agreement of the parties. 6. \ default by Lessor with respect to an; of the responsibtlities outlined in this agreement shall tenn11late the agreement. '''01 \vithstanding an ,thing to the contrary herein, this agreement terminates automatically H i ,iC-Di,,<YvleDCurtl. \\ DOcs'con P&ZCH_D03Zonmg..rJ\[)OYi EC\2003Z0]iJ30] Fuentes.Ord \pp&PCdoc :y V2d2JQ i\'otorcycle .ease agreerrlerlLd)c Page 5 Page 5 of 7 ,md withuul notIce on (a I all attempted assIgnment by Lessor of this agreement, or (b) an Jssignml'llt by Lessor for the benefit of credltors, 8 I lther party may terminate thl~ Agreement by provldmg the other party with thirty (30) days ad\ dllee wntTen l1011ce of termmatlOf ARTICLE ]4. GENERAL PROVISIONS j I hIS Instrument has been executed m duplicate onginal copies and constitutes the entire agreement between the parties hereto, This agreement shall not be effective until authorized by the City ('duncil and executed by the City Manager. This agreement cannot be amended or altered !il any manner unless such amendment be signed by the City Manager (or his designee) and by J eSSOL No forbearance to exercIse any right or pnvilege under this Agreement or waiver of any brC~lCh of any of 1 ts terms shall be construed as a waiver of any such terms, rights or privileges, but the same shall contmue and remain in full force and effect the same as ifno such forbearam l' or waIver had (lccurred, "\ie! ther thiS Agreen lent nor anv mterest herein may be assigned by either party, Nothing .:ontaint'd 11 thiS lI1strumenr shall be deemed to prevent the Lessor from pledging his interest in said mOhl1<'vcle to secure fmancmg for the purpose of sald motorcycle 3, \11\. notice gl vell b: one party to the other under this Agreement shall be given in writing at the addn:ss of the other party as set out below or at such other address as may have been furnIshed !II wnting ftJr sue h purpose For the \11 \ C'orpus ( 'hnsti Police Department \\111 Acting Pollee Chief Ker Bung 2 John Sartain St urpus Chnstl. rex as 7841)1 /(/(,,/ /" 4. c,sor shall notl fy rhe eny Immediately in 'W'riting of any charges or liens of any kind \vhatsol'\'C' Imposed upon ,:he motorcvcle .;; I h " agreement sha 11 be Interpreted under and governed by the laws of Texas. If any provlsiplI' hereof or the applicatiOn OJ an) provisions to any person or circumstances is held mvalid ,)1' lI1enforceable, the remamder hereof and the application of such provision to other persons I)] CIrcumstances shall remalr valid and enforceable, t) \1 payments to be made bv the C It v In accordance with the tenns of this agreement H ,( J.D' K lh,v]eDCun;.~,' DOCS 2Ull' ,r""z< iRD01/onmglldl 10 Y I I'-C\200" , 70 i 0'01 Fuentes,Ord App&PC.doc ,ry \ i1i:8IV ~'j'utorcyclE- iease agreement dele Page 6 Page 6 of 7 ,hall be 'll.tde from current revenues a\aIlabJe to the City and any future payments shall be 'iubJect 0 dppropflatlons The partIes recognize that the continuation of any contract after the ,lose oj ..m\ fiscal year of the City of ( orpus Christi, which fiscal year ends on July 31 of each year, shall be subject to budget approval provldmg for or covering such contract item as an C'xpendll ure III said budget. fhe elly coes not represent that said budget item will actually be adopted s..ud detem1mat!on being WIthin the sole di scretlOn of the Corpus Christi City Council at the time (1 I the adoptJon)f a City budget. Agreed J () '''--1 Attesth~..; r By: Armando \ 'hapa, City Secretary Approved as to legal form tllis .;><1 day of r By: ~.____ Lisa AgUIlar V Assistant (lty Atlorney for City Attorney , d'trV<-. ~, ,.( i-Ill R lloyleDCun h '.' y [)()CS 20<i 'P&ZOI<D03Zonlng,rd'[)() Y [ EC200 310 1 030 .Fuentes.Ord App&PC.doc ry \Ja~ieJV ~1otorcycle lease agreement.doc SCHEDULE A '\ttached to and made part of the Lease Agreement betweenthe City of Corpus Christi and ~:H:~d _J=~"~-r(l /'-R~)~u/V'J ;7/';-:~-l Descriptio!! of Motorcycle ~.. /1/Jd, /.j ./" -- ~., ,,'"" .",/ If ....J/ lrf7, . Make: -'LiLa, /1 /J/~ ;/ C)~~f? _ __-.-L-L_.----!_ Model: VIN :1.#-L 2-+/.c~ C~ c:i (2k~/(-;(')//~ ;" * License Plate Number: l::/tj' -,~ 2/" ,-- -f C - I?) / Page 7 I Page 7 of 7 JTI.V. , // I , i H : i.C,-llIR DwleDCun. ~'\[)OCS 20C\ P&:ZC-RD031Dlllng nhD<l\ I 1:('\200Y10 1i301.FuentesOrd '\pp&PCdoc