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Home My WebLink AboutC2006-212 - 5/16/2006 - NA Mary Vallejo Motor~ycle lease agreement doc Page 1 LEASE AGREEMENT ThIS Lease Agreement (heremafter referred to as "the Agreement") is made between the City of Corpus Chnstl, a political subdIvIsIon of the, State of Texas, (hereinafter referred to as "the (l1y") and ELZ~ GoIU~2 ;#="00,;2, a police officer employed by the City of ('orpus Christi. (hereinafter referred to as "Lessor"), and WHEREAS, the use of motorcycles by Corpus Chnsti Police Officers to perform official law enforcement duties such as traffic enforcement and traffic control serves a governmental purpuse WHEREAS, the use,)f motorcycles by Corpus Chnsti PolIce Officers to provide funeral escorts and other approved off-duty assignments also serves a governmental purpose; WHEREAS, Section 42.006 (b) ofthc Texas Local Government Code requires that the City prOVide for insuring each police officer 111 Its employ against lIability to third persons arising out of the operation, ma111tenance, or u"e of a motorcycle owned or leased by the municipality; WHEREAS, Section 142.006 (d) of the Texas Local Govemment Code provides that the CIty may elect to be self-lL1sured or to reImburse the actual cost of extended automobile liability insurance endorsements obtained by a police officer on an II1divldually owned automobile lIabIlIty 111surance poliCy' WHEREAS, the Tex..ls legIslature In ,'.,rticle 715 c of V emon' s Texas Civil Statutes determmed that it IS nnperative that local governments have the authority to provide coverage aga1l1st any 1l1surable nsk at the lowest possible costs: \VHEREAS, ll1surance companies arc no longer providing lIability insurance for motorcvcles when thev arc used for law enforcement purposes: WHEREAS, the cost..; of obta1l1mg liability insurance through the assigned risk pool are prohibitIve: NOW, THERKFORE, 111 consideratIon of the mutual covenants contained herein, the City and l.essor agree as follows: ARTICLE 1. LEASE OF MOTORCYCLES Lessor agrees 10 lease to City, and City agrees to lease from Lessor, the motorcycle specified III Schedule A attached hereto. When llsed 111 this Agreement, the term "motorcycle" shall mean a motorcycle leased hereunder. When used 111 this Agreement, the term "approved off-duty assignments" shall mean those off-duty assignments which (i) serve a governmental purpose of the (It\ and (Ii) have been approved hy the Corpus Christl Police ChIef or his designee. 2006-212 05/1 6/06 (;on7alez, Elizaheth Mary Vallejo - Motorcycle lease agreement doc .__.....~--------~~------- I _~~____J:age ~ I Page 2 of 7 ,\ilY additIOns III or deletions frum Schedule A, when agreed to by both parties, or any agreed variation 111 models or types of motorcycle, shall be eVidenced by a supplement to this agreement This agreement and ib supplements thereto shall constitute the master lease agreement c\RTlCLE 2. OWNERSHIP OF I\-IOTORCYCLES T!m, IS an agreement uflease ollly and may not be construed as a contract for the sale of a motorcycle. City acknowiedges that Lessor is the owner of the motorcycle leased hereunder. Lessor shall provide the ( Ity with evidence of ownership. ARTICLE 3. LEASE PAYMENTS Jj the Lessor is assigned full time duties as a Corpus Chnstl Police Motorcycle Officer, the City agrees to pay I,essor per mileage traveled in the performance of official duties, not to exceed twelve hundred (] 200) mlles a mOllth, the standard mileage reimbursement rate adopted by the City In CIty Polin F- 1.0 The City shall make such payment monthly to Lessor. ]t the Lessor IS nol as:-'lgned full time duties as a Corpus Christi Police Motorcycle Officer, but has been authonzed 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) 10 Lessor which shall be payable each time the lease IS renewed. ARTICLE 4. TERM !he term of thls Agreement shall be for a teml of one year, commencing on the date the agreement is executed by the City \1anager or his designee. Unless terminated as herein pro\ Ided. the Agreement shall be automatically renewed for one year periods. c\RTICLE 5. OPERA nON OF MOTORCYCLES lJ the Lessor IS a:-.signed pennanently as a full time motorcycle officer for the Corpus Chnsti Police Department. 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 pedl)[]lJance of approved ,lff-duty ,wliee assignments Lessor shall not permit the motorcycle to be used in violation of any federal, state or mUJ1lclpal statutes. laws, lrdinances, rules or regulatIons. Lessor shall notif~ the City immechately of any and all aCCidents involving the motorcycle. Such notice shall be by telephone and in writing and shall include full details of the aCCident and the names and addresses of all parties and witnesses. 4 rhe City may lI1spect the 1l1Otorcycle, upon the City's premises or elsewhere at any and all reasonable times. and the Lessor shall cooperate fully to facilitate such inspections. lid I( ,- DIR\DoyleD(urtlsMY D( ICS .21)(); P&/ORDO., ZOll111g.. >r<1 I )()YLEC200 './0 I ()3() 1 Fuentes.Ord App&PCdoc Mary Vallejo Motorcycle lease agreement doc Page 3 Page 3 of 7 " I ,essor shall not allow any othel person to use the motorcycle Il1 the performance of officIal police duties or in the perfonnance of approved off-duty assignments. In other words, the partles abrree that the only person who wi II use the motorcycle in the performance of police duties or in the perfonnance ,)f approved llff-dutv assignments IS the Lessor .\RTICLE 6. SliBSTITUTION OF MOTORCYCLES I essor shall have the nght to substitute for any motorcycle under lease a motorcycle of comparable type and condltion. subject to approval by Corpus Christi Chief of Police or his designee '\RTICLE 7. STATE, COC'\TTY AND CITY REGISTRATION AND LICENSES I ('ssor shall accompl1sh the titlll1g, registration and hcensing in the State of Texas of motorcycle 111 Lessor's name. Lessor shall accompl1sh and pay for any inspections of the motorcycle reqUlred dunng the tem1 of this Agreement by any govemmental authority. ARTICLE 8. TAXES l.essor shall pay and bear all federaL state and local sales, use, eXCise, personal property and other taxes and all govemmental 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 maintain the motorcycle in good operatmg condition and working order It shall be the duty of the Lessor to make all necessary repairs and replacements to the motorcycle, Il1cluding but not be Innited 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 w the motorcycle fthe Lessor IS pennanently assigned to the Motorcycle Division. Lessor agrees to provide all gasoll11e necessary to operate said motorcycle and to maintain all 0] Is and lubricants at the proper level ) .essor further agrees to keep said motorcycle properly stored and washed I'he elly agrees t( proVide for the repair of a motorcycle which is damaged while being operated by Lessor in the performance or' official police duties or dunng approved off-duty assignments If the Corpus ChrIstl Chief of Police or hiS designee determines that the motorcycle IS so damaged that It cannot economically he placed 111 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 lssue llf the N ,A. D.A Motorcvcle! Snowmobile / A TV ! Personal Watercraft Appraisal GUIde. ,ILl i D!R\DoyleDi an,s MYDOCS:'<)fU P&/ORDO\ Z<J!j1flg (.nlll( JYLFC'200.r/,o, 0301 Fuentes.Ord App&PCdoc _.__'_'-'-'___'__.'1 Page 4 -~_._-.-_.",._-- ',-- Mary Vallejo - Moto~cycle lease agreement doc Page 4 of 7 ARTICLE 10. RISK OF LOSS lessor retams n sk of loss of tht motorcycle, incl uding loss caused by theft of the motorcycle. ARTICLE 11. INSURANCE \\hen the motorcycle IS operated by Lessor In the performance of official police duties or in the performance of apprO\ed ofT-duty assIgnments, the self-insurance fund ofthe City shall proVIde coverage for property and casualty losses. general liability, auto liability, worker's compensation and other mIscellaneous risks to the extent not covered by contractual insurance or other mdeml1lficatlon ARTICLE 12. INDEMNIFICATION When the motorcycle is operated by Lessor m the perfomlance of official police duties or in the pertormance of appro\ ed ofT-duty assIgnments, the City shall indemnify Lessor as provided in SectlOn 39-16 of the Corpus Chnsti Code of Ordmances. ARTICLE 13. TERMINA nON ] I' the motorcycle] s stolen, Ihe Agreement shall termmate. Notwithstanding the previous proVision, the Lessor reserves the option (0 offer a replacement or substitute motorcycle which motorcvcle shall be subject to the temlS of this Agreement and approval by the Corpus Christi Chief of Police or his des(gnee !f the Corpus Chmtl ChIef of 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 termmate. Notwithstandll1g 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 Chnsti Chief of Police or his designee. If the Lessor ceases to be employed as a pollce officer by the City of Corpus Christi, the agreement shall termll1att immedIately. - [f the Lessor IS no longer authorized to operate the motorcycle m the performance of offiCial police dutIes or In the performance of approved off-duty assignments, the agreement shal! temlinate immediately. [he agreement may temlmate upon the mutual agreement of the parties. (, .\ default by 1 eSSI)r with respect to any of the responsibilities outlined in this agreement shal! temlinate the agreement. Notwlthstandll1g anythmg to the contrary herein. thIS agreement terminates automatically i I.U( .DII<\DoyIeD( urils.MY rX1CS.'l)iL1.P&/ORDI13 hll1l1lg "rd.I)()YIYC 200.1./0 I 030 I FuentesOrdApp&PCdoc Mary Vallejo .. Motor.c::ycle lease agreement doc ---~-~==-=---==-__J~ge ~ 1 Page 5 of 7 and without notice on (a) an attempted assignment by Lessor of this agreement, or (b) an assignment by Lessor for' he benef:t of creditors. ;>.. Either party may tern1mate this Agreement by providing the other party with thirty (30) days ddvance written notice of tenmnat]OII ARTICLE 14. GENERAL PROVISIONS ['his II1strument has been e:xecuted m duplicate original copies and constitutes the entire agreement between the parties hereto. ThiS agreement shall not be effective until authorized by the ( It) Councd and executed by the City Manager. ThiS agreement cannot be amended or altered ill any manner unless such amendment be signed by the City Manager (or his designee) and by Lessor. No forbearance to exercise any right or pnvilege under this Agreement or waiver of an v hreach of any of it" ternlS shall be construed as a waiver of any such terms, rights or privlleges, but the same shall continue and remain in full force and effect the same as ifno such forbearance or waiver hac occurrec:. ~either thiS Agreement nor any mterest herem may be assigned by either party. Nothing contamed in thiS lllstrument shall be deemed to prevent the Lessor from pledging his interest in said motorcycle to secure financmg for the purpose of said motorcycle. \ny notice gl\ 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 film1 shed in \\Titing for slIch purpose. For the City Corpus Christi Pohce Department .\ttn: Acting Police Chief Ken Bung \21 John Sartain St. Corpus ChnstL Texas 78401 F or Lessor: e c:rO'1f2,e1')I G~tV McE '2: 30 Z- (!.,:fP€ rl7f:rNR- ~ Co ~()S C Hrl;J;;::S. 7.Z I '1X fg C( 1;;;._____ .... I ~essor shall notify the City immediately in writing of any charges or liens of any kind whatsoever imposed upon the motorcycle S ['his agreement shall be interpreted 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. h \ny pavments to he made hy the (lty in accordance with the terms of this agreement ! I L! (, DI R\Doyle[J( ums MY DOCS ~.!)OJ P&/ORD(ll Z'"ilng.(!l(j I )OYLF(,201l~ZO 030 I FuentesOrd App&PCdoc ----.-----\ _____~age 6 _ Mary Vallejo Motorcycle lease agreement doc Page 6 of 7 shall be made from current revenues a\ aI lable to the City and any future payments shall be subject to appropnations. rhe parties recognize that the continuation of any contract after the close 01 any fiscal year of the ('ity (d' Corpus 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 expendllure III said budge: The City does !lot represent that said budget item will actually be adopted. said determination bemg WIthin the sole dlSCre1JOn of the Corpus Christi City Council at the 111m' of the adoption or a CIty budget Agreed to by THE CI Y OF CORPI'S CHRISTI By: Gear Date L- ~e, C~ty tnaot -.- ,,-1,----- LESSOR ~ By ~~ 9~~-OOI/2- Name: ELZ~r?7?f Go~ 2- Date: 5/ I /~ I Attest b\ By: t/ ~~:~ Armando Chapa. City Secret , ApprO\ed as to legal loml this ..Ji~ day of t-- ~, . ,-;h::rV. c.. , B ' ' y,- ....--.- -- -----~ Lisa Aguilar ASSIstant CIty Attorney for ('Ity Attorney i I \LH.J-D!R\DoyleD(UrllsMYDOCS 21)03 P&/ORD03 Zoning.\lnl !)OYLEC 200JZO! 0301 Fuentes.Ord App&PCdoc Mary Vallejo Motorcycle lease agreernent doc Descnpllon of Motorcyck SCHEDVLE A Attached to and made part of the Lease Agreement between the City of Corpus Christi and _~?;!~_(::-7 /'7'~--,v~L8 ~_ Make __ .2001__ I<-~~~'t !~r Model' i6L.:rC(:: / () C VIN :J/< A f< 2- cP 23/6 S-/ tf86 ( -- -~-._~.._.._._- -_.~--_._..._..- /yy'G LfL LIcense Plate Number' ~/'I I ' .I (/, ~ i ;j ,/ If \LHi-DfR\DoyfeD( urtls'M'r'DOCS ,.200!P&/ORDOJ']()ning"mIDOYIEC 200 1/0 10301 Fu<:ntes,Ord,App&PC.doc -- ---Pagel I _..___n________ Page 7 of 7