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Home My WebLink AboutC2006-580 - 11/30/2006 - NAMary Valiejo - MotorcyGle lease agreemen~ doc I.EASE AGREEMENT _ - -- --. . Page 1 ~ Tllis Lease Agreement (hereinat`ter referred to as "the Agreement") is made between the City of Corpus Christi, a political subdivision of the State of Texas, (hereinafter referred to as "the ('ity") and _~U-Qt NZC'~ /~ LO EZ. , a police officer einplc~yed by the City of ~~orpus C'hristi. (hereinafter referred to as "Lessor"), and WHEREAS, the Use ~~f motorcy~cles by Corpus Christi Police Officers to perform official law~ enf~>rcement duties sueh as trat~c enforcement and traffic control serves a governmental purpose.. W'HEREAS, the use ~.~f motorcycles by Corpus Christi Police Officers to provide funeral escorts and other approved off-dut~ assignments also serves a governmental purpose; WHE,REAS, Section 142.006 i b} of the Texas ~~~ocal Government Code requires that the City prov~de for insuriiig zach police ofiicer in its employ against liability to third persons arising out «fthe operation, maintenance, or use of a motarcycle owned or leased by the municipality; WHEREAS, Section 142.006 r ~i) of tt~e Texas ~ocal Government Code provides that the f'ity may elect to be self-i nsured or to reirnburse the. actual cost of extended automobile liability ~nsurance endorse~Y~ents ~~btained by a p~~lice officer on an individually owned automobile 13abilit~~ insurance policy: WHEREAS, the Texas legislalure in Article 7 t 5 c of Vernon's Texas Civil Statutes deEerm~ned that it is imperative tha~ local governments have the authority to provide coverage against any insurable risk at the lowest passible costs; VVHEREA~,, i~lsurance companres are no longer providing liability insurance for motorcvcles when they are used fo~ law s~nforcement purposes; WHEREAS, the cost~ of obtaining liability insurance through the assigned risk pool are E~rohi biTive; NOW, THEREFORE, in con~~derat~on of the mutual covenants contained herein, the City and l:essor agree as follo~vs: .aRTICLE 1. LEASE OF MOTORCYCLES I_essor agrees to lease to City, and C!ty agrees to lease from Lessor, the motorcycle specified ~n Schedule A attached hereto. When used in this Agreement, the ternl "rnotorcycle" shall mean a matorcycle leased hereunder. When used in this Agreement, the term "approved off-duty assignments" shall mean those off-duty ~issignments which (i) serve a governmental purpose of the Cit~ and (ii ) have been approvc;d by the Corpu~ Christi Police Chief or his designee. 2006-580 11-30-06 I,opea, l .orenao !a .~ .~ . „~,. _,M,~,. _ _ - - __ _ _ __ _ ___-- ---- ---- Mary Vallejc Motorcycle iease agreemen! doc Page 2 Page 2 of 7 Am additions tu or deletions fr~~m Schedule A, when agreed to by both parties, or any agreed ~ ariation in modeis or types of motorcycle, shall be evidenced by a supplement to this agreement. [ his agT-eement and its supplement~; thereto shall constitute the master lease agreement. a~iTICLE 2. OWNERSHIP OF MOTORCYCLES "I'hi~ is an agreement r_7f lease only and may not be construed as a contract for the sale of a motore~cle. City acknow[edges that Lessor is the owner of the motorcycle leased hereunder. I essor shall provide the (~ity with e~~idence of ownership. ARTICLE: 3. LEASE PAYMENTS If the Lessor is assigned full time dutles as a Corpus Christi Police Motorcycle Officer, the City age~s to pay Lessor per mileage traveled in the performance of official duties, not to eXCeed twelve I~undred (1200) miles a month, the standard mileage reimbursement rate adopted by the C'ity in C'ity Policy F--1.0 The Ctty shall make such payment monthly to Lessor. It the Lessor is not as~igned ful~~ time duties as a Corpus Christi Police Motorcycle Officer, but has been authorized by the Corpus Christi Chiei' of Police or his designee to perform approvc:d off duty motorcycle assignments, the City agrees to make lease payments of $1.00 (one dollar) to Lessot~ ~vhich shall be pal•able each time the lease is renewed. ARTICLE 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 ~hall be a~~tomatically renewed for one year periods. AR'CICLE 5. OPERATION OF MOTORCYCLES 1 If the Lessor is assigned permanently as a full time motorcycle officer for the Corpus Ct~risti Police Department, then the parties agree that Lessor shall operate the motorcycle in the petforn~ance of official duties. The parties agree that Lessor may operate the motorcycle in the performance of approved off-dury E~olice assignments. ~ Lessor shall not permit the !notorcycle to be used in violation of any federal, state ar municipal statutes, laws, ~~rdinances, rules or regulations. ~ Lessar shal l notifi~~ the City immediately of any and all accidents involving the motorcvcle. Such notice shall be by telephone and ~n writing and shall include full details of the accident and the names and addresses of all parties and witnesses. 4. The City may inspect the motorcycle, upon r.he City's premises ar elsewhere at any and all reasc~nable times, and ?he Lesso~~ shall cooperate fully to facilitate such inspections. 7(~~E I~iG DIR~~C1o~leDCurus~IvIYLX)( S 2003'P&/ORll03'~Loning.ord~~ix)YLEC`2003~Z010301 Fuentes.(}rd.App&PC.doc ..Y _ ~ „u,.. . ..,.,~. .~. ~.- ... w- _... .__. . ~ .. __...,.. _ _ Mary Vailejc Moioreyr,le iease ayreemen~ doc Page 3 of 7 5 ~,essor shall not allow any other person to u~.e the motorcycle in the performance of official police duties or in the performance of approved off-duty assignments. In other words, the parties agree that the only person ~ ho wr ll use the motorcycle in the performance of police duties or in the perforrnance of approved ~~Yf-dutv assignments is the Lessor. ARTICLE 6. SUBSTITUTION OF MOTORCYCLES Lessor shall haue the right to substitute for any rnotorcycle under lease a motorcycle of cornparable type and conciition, subject to approval by Corpus Christi Chief of Police or his designee. ARTICLE 7. STATE, COU'~TY AND CITY REGISTRATION AND LICENSES Lessor shall accomplish the titling, registration and licensing in the State of Texas of motorcycle in Lessor's name. Lessor shall accomplish and pay for any inspections of the motorcvcle required during the terni of this Agreement by any governmental authority. ARTICLE S. TAXES I:essor shall pay and bear all federal, state and lc~cal 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 A~eement. ARTICLE 9. REPAIR AND MAINTENANCE 1 I~essor shall keep and maintain the motorcycle in good operating condition and working ~~rder lt shall be the duty of the Lessor to make all necessary repairs and replacements to the matorcvcle, including but not be limited to tires, oil, lubricants and antifreeze required for the pra~er operation and/or protection uf the rnotorcycle. The City agrees to provide for electrical repairs to the motorcycle 7f the Less<~r is pernlanently assigned to the Motorcycle Division. 2 s,essor agrees to ps~ovide all gasoline necessary to operate said motorcycle and to maintain all o~ls and lubricants at the proper level. l,essor further a~ees to keep said motorcycle properly siored aiid washe~. 3. I~he City agrees to provide for the repair of a motorcycle which is damaged while being aperated by Lessor in the ,~erformance ot official police duties or during approved off-duty ass~gnments. If the Corpus Christi ~'hief rrf Police <~r his designee determines that the motorcycle i~ so damaged that it cannot economically be placed in 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 ?~.A.D.A. ~4otorcycle/ Snowmobile / ATV i Personal Watercraft A~raisal Guide Page 3 I 1{:AI ! G-i)IR~~Do~leD('uru.~MYDO( ti~?003~P&LORD~3`,Io~~ng.ord`DOYLEC'`~?OG3'7010301.Fuentes.Ord.App&PC.doc - - - - _ _ - -- -- - --- -- ------ Mary Vallejr~ Motorcycle lease agreemem doc Page 4 Page 4 of 7 AR"CICLE 10. RISK OF LOSS I_es~or retains risk of loss of the motc~rcycle, including loss caused by theft of the motorcycle. ARTICI,E ll. INSURANCE When the inotorcycle is operated by I.essor in the performance of official police duties or in the performance of appro~ ed off-duty assignments, the self-insurance fund of the City shall pravide coverage for property and casualt~ losses, general liability, auto liability, worker's co~pensation and ~ther miscellane~us risks to the extent not covered by contractual insurance or ather ~ndemnificati<~n. ARTICLE 12. INDEMNIFICATION Vdhen the motorcycle js operated by Lessor in the performance of official police duties or in the performance of' approved off-diUy assignments, the City shall indemnify Lessor as provided n~ Secti~m 39-1 C~ c~f the C~,rpus Chr,~sti C'ode of Ordinances. ART'ICLF 13. TERMINATION 1_ ff the motorcycle is stolen, the Agreement sF-all terminate. Notwithstanding the previous provition, the Lessor reserves the option to offer a replacement or substitute motorcycle which motorcvc~e shall be subject to the terms ~7f~this Agreement and approval by the Corpus Christi ('hief'ot Police or his designee. 2. If the Corpus Chr~sti Chief ,~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 terminate. Notwithstanding the previous provision, the Lessor reserves the uptior7 to offer a replacement or substitute motorcycle which motorcycle shall be subject to the terms ot'this A~-eement a~id appro~~al by the Corpus Christi Chief of Police or his designee. 3:f the Lessor cease~ to be employed as a police otficer by the City of Corpus Christi, the a~t-eeil~ent shall tenninate immediately. 4. if the Lessor is no longer authorized to operate the motorcycle in the performance of official palice dutles or in the perfonnance of approved off-duty assignments, the agreement siiall terminate immediatety. 5_ Cne agreement may terminate upc~n the mutual agreement of the parties. 6, ~ clefault by Lesscr with respect to any of the responsibilities outlined in this agreement shall terminate the agreement. ?'~Iotwithstanding anything tu the contrary herein, this agreement terminates automatically f~l:AI FG-~)fR\D~tileM'urt~,~MYIX)CS~'(i03\P&ZORD03V.on.rg.ord [X?YLF.C\20(~3`7010301.Fuentes.OrdApp&PC.doc _ _ __ _ __ Mary Vallejc Motorcycle lease agreemen~ doc _ _ __ _ --- ----- Page 5 Page 5 of 7 and w~ithout notice on (a} an attempted assignment by I:_essor of this agreement, or (b) an assignment by I.essor far ~he benefit of creditors. 8. E~ither party may terminate this Agreement by providing the other party with thirty (30) days advance written noti~;e of terminatio~~. ARTICLE 14. GENER~L PROVISIONS 1. This instrument has been executed in duplicate original copies and constitutes the entire agreement between the parties hereto. This agreement shall not be effective until authorized by the C~tti Council and executed by the City Manager. This agreement cannot be amended ar altered jn any manner unless such amendment be signed by the City Manager (or his designee) and bv Lessor. No forbearance to ekercise any right or privilege under this Agreement or waiver ~f any breach of anv of its terms shall be c~nstrued as a waiver of any such terms, rights or privileges, but the same shall contint~e and remain in full force and effect the same as if no such ti~rbearance or ~ ait er had occurre~ ~. '~leither this Agreement nor any interest herein may be assigned by either party. Nothing c~ntained in this instrument shall be deemed to prevent the Lessor from pledging his interest in said motorcycle tr~ secure tinancing for the purpose of said motorcycle. 3. ~ny notice given 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 tiirnished in writing for sueh purpose. For the C:ity: Corpus Christi Poli~e,Departmen~, ~ttn: ~~; ~.F C~ C`,~Y`4 ~i~ ~' //~t~' 'Q, ~ ~~t : ~-!'~ 321 John Sartain St. C'~orpus Chr~sti, Texas 7840'~~ For I .essor: ~ ~ ju ;,r~: e.~.,,~, ~~ tt~ 4. Lessor sha(1 notify the City ~mmediately in writing of any charges or liens of any kind ~vhatsoever imposed upon the motorcycl~~. 5 E'his agreement shall be interpreted under and governed by the laws of Texas. If any proy~isions hereof or the application uf an}~ provisions to any person or circumstances is held invalid or unenfarceable, the remainder hereof and the application of such provision to other persons ar circumstances shall remam valid and enforceable. 6 ~ny payments to he made b~~ the t_:'ity in accordance with the terms of this agreement FI:U1~G-[)~RllloylelX'urtii~MYM)(~SV'003~P&Z~)RD03 "V.omng.ord''Ix~YLEC~~0U3''~"La10301.Euentes.OrdApp&PC.doc Mary Vafiejc Motorcycfe ~ease agreemen~ doc Page 6 of 7 >iiall he made from current revenue~ available to thr City and any future payments shall be ~ubject to appropr~ations. ~[fie parties recognize that the continuation of any contract after the ciose oi~ any fiscal year of the City ~~f' Corpus Christi, which fiscal year ends on July 31 of each year, ~hall be subject to btcdget approval providing for or covering such contract item as an e~cpenditure in said budgeT. The Ci?v does not represent that said budget item will actually be adopted. said determination being ~~~,thin the sole discretion of the Corpus Christi City Council at the time of the adoption o? a Citv budget Agreed to by~ TI~E [TY OF ~'ORPUS CHRISTI ~y, _ -- _ G rge . Noe, C~ty er L?ate: __ ~ i~~f'~:"__ _ r° ~y: ri~'L _. .~~~' '~. ~Srus~~~ ~~r~~ ~~~= ~.1 ~ ci D e; ~tt€st by: ~~ r ~ By: ~.. ' Armando Chapa, City Secretary LESSOR ~ B{~_ Name: Date: //- D~°' OCo A~roved as to legal form this _'~~ `_ day of ~'~~ =~ ~y ' , ,, > < -~__ ' ` ~ _ __ _--= -~---- I isa Aguilar ' Assistant City Attorney for C~t~~ Attornev , ,~~?,i Page 6 J i~:U t:~G-DIR'~,DoyleD(~urnS~MYIX)('S1:'003\P&L!)RD(13',lonmg.orii~'f~YLEC`ZQ(~~3\7_010301.Fuentes.OrdApp&PC.doc _ __ __ __ __ _ ____ Mary Vallejo - Motorcycle lease agreement doc Page 7 of 7 SCHEDULE A Attached to and made part of the Lease Agreement between the City of Corpus Christi and l~e5cr~ption of ~7otorcyclc Make:_~vLtJ~~~tot~L ______. , !vt«te ~ : ~ ~- ~1 1 ~~-0C.' -- 1,r _~~~ _ ~ ~r: _~`[~ ~C' ~l i.~~ 6~~'f't~~ 1.icense Plate Number: _~~~ ~~~~~~ ~,... - -~ ~ ~ i ~ '~ c.~~ .~ .. ; _r ~ ",:%~'~~ r!x f-i~.' f ~~-~ ~ ~ ~ ~ ,. ., , _ ~ / /- ~ -r~~6 _ Page 7 ~ 1{:U PG-f)IR~Doy1eD(~i~rtis\MYDOCS\_003~P&1!)RDU3',Zon~ng.oni'IX)YLEC\20(:3~I_G10301.Fuentes.OrdApp&PC.doc