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Home My WebLink AboutC2007-030 - 1/29/2007 - NA~Aary `v ~iie~~. _ u7~~tar: ;c:~e ieasC ~c:~e~,t r ~rt =.~~; LEASE AGREEMENT Page 1 ('his L.ease :~greement (hereinafrer referred ta as"the AgreemenY') is made between the City of Corpus Christi, a poli~al subdivision of the State of Texas, (hereinafter referred to as ``the City"} and :~~!" wr~ ~, ~_ _~ ~~~-~~ , a police officer e~nployed by the City c~f Corpus Christi, (hereinafter referred to as "Lessor"), and WHEREAS, the use of motorcycles by Corpus Christi Police Officers to perform official law enforcement duties such as traffic enforcement and traffic control serves a governmental pur~o~e; WHEREA~, the use of motorcycles by Corpus Christi Police Officers to provide funeral escorts and orher approved off-duty assignments also serves a governmental purpose; WHEREAS, Section 142.006 (b) t~f the Texas Local Government Code requires that the City pro~ide for insuring each police c~fficer in its employ against liability to third persons arising out of the operation. maintenance, or use of a motorcvcle owned or leased by the municipality; W H~REAS, Sectic~n ] 42.00~ (d) of the Texas Local Government Code provides that the Cit~ may elect tu be selt=insured :~r to reimburse the actual cost of extended automobile liability insurance endorsements obtained by a police officer on an individually owned automobile liability insurance polic~.; WHEREAS, the Texas legislature in Article 715 c of Vernon's Texas Civil Statutes determined that it is imperative that local governments have the authority to provide coverage against a~y insurable risk at the luwest possible costs: WHEREAS, insurance companies are no lon~er providing liability insurance for motorcycles when thev ~re used t~br law enforcement purposes; WHEREAS, the cc?sts of obtaining liability ii~surance through the assigned risk pool are proh i b itive: NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City a~d Lessor agre~ as follows: ARTICLE 1. LEASE OF MOTORCYCLES Lessor agrees tc~ lea~e to City, and (.'ity agrees to lease from Lessor, the motorcycle specified in Schedule A attached nereto. W'hen used in this Agreement, the term "motorcycle" shall mean a rnotorcycle leased hereunder. When used in this Agreement, the term "approved off-duty assignments'' shall mean those off-duty assignments which (i) serve a governmental purpose of the t'i*y and (i~) have been appro~~ed k~y the Corpus Christi Police Chief or his designee. ?007-O:iO n 1I29/117 Flliott. John D. '~A~ry v~~5e~~. ~~c orc.4~~~ leas~- a.~~eerY~r ;t o~~ Page 2 ; Page 2 of 7 -~ny additions to or ~jeletion, trom Schedule fi. when agreed to by both parties, or any agreed variation in models or t.~pes ot mt~torcvcle, shall he evidenced by a supplement to this agreement. This agreement and its ~upplements thereto shall ~~onstitute the master lease agreement. ARTI(;LE 2. OWNERSHIP nF MOTORCYCLES 1'his is an agreemeni of (ease t>nly and may not be construed as a contract for the sale of a motarcycle. City acknowledges that L,~ssor is the owner ofthe motorcycle leased hereunder. i~essor shall provide the Citv with evidence of ownership. ARTICLE 3. LEASE PAYMENTS (#` the Lessor is assigned full t~me duties as a Corpus Christi Police Motorcycle Officer, the City agrees ta pa} Lesscx per mileage traveled in the performance of official duties, not to exceed twelve hundred (1200) mi(es a munth, the standard mileage reimbursement rate adopted by the City in City Policy F-- I 0. The ~'ity shall make such payment monthly to Lessor. lf the l,essor is not assigned full time duties a~s a Corpus Christi Police Motorcycle Officer, bt~t has been authorized by the C~7rpus Christi Ch~ef of Police or his designee to perform approved off dun motorcycie assignments, the City agrees to make lease payments of $1.00 (one ~ollar~ to L,essor which shall be payable each time the lease is renewed. ARTICLE 4. TERM t'he term ofi this Agreement shall be for a terni ot one year, commencing on the date the agreement is executed by the Ciri Manager or his designee. Unless terminated as herein provided, the Agreemeni shall be automatically renewed for one year periods. ARTICLE S. OPF.RATION OF MOTORCYCLES . If the Lessor is assigned permanently as a full time motorcycle officer for the Corpus Christr Police Deparhnent, then the parties agree that Lessor shall operate the motorcycle in the p~rformance of official duties. "'~he parties agree that Lessor may operate the motorcycle in the ptrformance of approved off-duh police assignmznts. ~. Lessor shall not permit th~ motorcycle to be used in violation of any federal, state or mun~cipal statutes. laws. ordinances, rules or regulations. . Lessor shall notify the Citti immediately of any and all accidents involving the motorcycle. Such notice shall be by telephone and in writing and shall include ful) details of the accident and the names and addresses of all parties and witnesses. -i. The City may inspect the rnotorcycle, upoil the City's premises or elsewhere at any and all reasonable times, and the Lessor shall cooperate fully to facilitate such inspections. H ~~LFG-D(R\UoykDt'urtis\MY[X)C'S`,20031P&ZORD03\Zrn~n~.ord\[~YL.ECC''0031Z01030LFuentes.OrdApp&PC.doe b- . « ,~ -.~,..- ., '~.~ s~ . .:-ioi~,. •vlt.•~~f ~i..-~E- +er~JC :3~.i~Cr, t ;;j .j~;~;~._ - Page 3 Page 3 of 7 ~ Lessor ~hall not allow an~~ other person tc~ use the motorcycle in the performance of offir.ial poiice duties or in the pertom~ance of approved off-duty assignments. In other words, the parties agree that the only persor~ who will use the motorcycle in the performance of police duties ar r« the perfonnance ~~f approved ot~=duty assigr~ments is the Lessor. ARTICLE 6. SLIBSTITUTION OF MOTORCYCLES 1,essor shall have the right to substitute for any motorcycle under lease a motorcycle of eomparable type and condition, subject to approval by Corpus Christi Chief of Police or his desi~nee. aRTICI.~: 7. ST.ATE, COUNTY AND C1TY REGISTRATION AND LICENSES ~~essor shall accomplish the trtling, registration and licensing in the State of Texas of motorcycle in Lessor's name. Lessor shall accomplish and pay for any inspections ofthe motorcycle required during the term of this Agreement by any governmental authority. .ARTICLE 8. TAXES t~essor shall pay and bear all tederal, 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, u,e, ownership or possession thereof pursuant to this Agreement. aRTICL F 9. REPAIR AND MAINTENANCE Lessor shall keep and maintain the motorcycle in good operating condition and working order. It shall be the dury of the I xssor to make all necessary repairs and replacements to the motorcyele. including but not be !imited to tires, c>il, lubricants and antifreeze required for the proper operation and/or protectior~ of the motorcycle. The City agrees to provide for eleetrical re~airs to the motorcyclr if the Lessor is permanently assigned to the Motorcycle Division. . Lessor agrees to provide all gasoline necessary to operate said motorcycle and to maintain all ofls and lubricants at the proper level [.essor further agrees to keep said motorcycle properly stored and washeci y. The Clty agrees to provide for the repair of a motorcycle which is damaged while being ~perated by Lessor in the performance of official police duties or during approved off-duty assignments. lf rhe Corpus Christi Chief of Polic~ or his designee determines that the motorcycle ~s sa damaged that it cannot econ~~micallti 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 N.A.D.A Motorc_ycle/ Snowmobile / ATV ! Personal Watercraft Appraisal Guide H -.I.EG-DIR\Uc~yieD('urtislMYD(u'~i20031P&LORDU31Z~~mng.ord\L~YLEC'`,2003~7.010301 Fuentes.Ord.App&PC.doc ~~ I I i _ _ _ - _ . -- -- - - _ _ - - ~ "~lary V~~Ie~c - °u'lc,torc~~c~e ieasF ~greeme ~t aoc .~RTICLE 10. RISK OF LOSS Page 4 ~ Page 4 of 7 I,essor retains risk c~f loss of the motorcycle, including loss caused by theft of the motorcycle. ~RTICLE 11. INSURANCE VVhen the motorcycie is operated by Lessor in the performance of official police duties or in the performance of approved off-duty assignments, the self-insurance iund of the City shall pro~ ide coverage for property and casualty losses, general liability, auto liability, worker's compensation and ~ther miscellaneous risks to the extent not covered by contractual insurance or oEher indemnitication. AI~T'ICLE 12. INDEMNIFICATION When the motorcycfe is operated by Lessor in the performance of official police duties or in ttte performance of approved off-duty assignments, the City shall indemnify Lessor as provided in Section 39- i(~ of the t~orpus C(~risti Code of Ordinances. ARTICLE 13. TERMINATION ,. [f the motorcycle is stolen, the ,Agreement shali terminate. Notwithstanding the previous provision, the Lzssor re~erves the option to offer a replacement or substitute motorcycle which motorcycle shall be sub~ect to the terms of this A~,~reement and approval by the Corpus Christi Chief of Police t~r his designee. ._. If the Corpus Christi Chief of Police or his designee determines that the motorcycle is so destroyed or damaged thai it cannut economicall} be placed in good working order, this Agreement shall terminate. Notwithstanding the previous provision, the Lessor reserves the option to offer a replacement or substitute motorcycle which motorcycle shall be subject to the terms uf this Agreemem and apprc~val hv the Cor~~us Christi Chief of Police or his designee. .[f the Lessor ceases to be tmployed as a police officer by the City of Corpus Christi, the agreement shall terminate immed~ately -~. If the Lessor is no longer authorized to operate the motorcycle in the performance of official police duties or ~n the perfi~rmance of approved off-duty assignments, the agreement st~all terminate immediatelv. The agreement may terminate upon the mutual agreement of the parties. e. A default by Lessor with respect to any of the responsibilities outlined in this agreement sball terminate the agreement. '. Notwithstanding anything io the contrary llerein, this agreement terminates automatically H ;1.EG-DIR\DoyteDCurti51MYIX)Cti;~003~~PKZORD03\Z~mingord\DOYLEC~!0031ZD10301.Fuentes.Ord.App&PC.doc ~. ~ _. „,.., . ,,.~.. t~~ia~~ v~~1e~~::; (vlatorc~r:~fc iease ai~reeme ~i dc;t. Page 5 of 7 and without notice on (a) an attempted assignment by Lessor of this agreement, or (b) an assignment by L essor for the benefit of creditors. R_ Either party ma~ terminatc this Agreement by providing the other party with thirty (30) ~3ays advance written notice of termination. ARTI('LE 14. GENERAL PROVISIONS Page 5 ~, This instrument has been ~xecuted in duplicate original copies and constitutes the entire a~reement between the parties hereta ~f'his agreement shall not be effective until authorized by the C'it_y Council and executed by the City Manager. This agreement cannot be amended or attered in any manner unless such amendment be signed by the City Manager (or his designee) and b~ Lessor. No forbearance tc exercise any right or privilege under this Agreement or waiver of any breach of any of its terms st~all be construed as a waiver of any such terms, rights or privileges, but the same shall continue and remain in full force and effect the same as if no such forbearance or waiver had occurr~~~1. ~. Neither this Agreement ne,r an~ interest herein may be assigned by either party. Nothing eontained in this instrument shall be deemed to prevent the Lessor from pledging his interest in said motorcycle to secure financing for the purpose of said motorcycle. Any noti~e given by one party to the other under this Agreement shall be given in writing at the address ~f the other party a: set out below or at such other address as may have been fiumished in writing for ,uch purpc~se. For the City~: Corpus C~hristi Police Department Attn: Poiice Chief Bryan P. Smith 321 John Sartain St, Corpus (~hristi, i~exas ?8401 4_ fI For Lessor: ~ _,,..~1 ~~ ~1~ { ; `>+-t- ___: _-_ ~ _fx ;~ l `~~ /~`~~ Z~,.2~,,; ` ; ~ t l r ~ ~"""'" i +_7 ~ ; .`' ~/ `~ _r t ~. Lessor shall notity the Cit~ immediately in writing of any charges or liens of any kind whatsoever imposed up~~n the motorcycle. ~. This agreement ~hall be interpreted under and governed by the laws of Texas. If any pro~ isions hereof or the applicati~~n 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 remain valid and enforceable. t~. Any payments tc~ be made hy the City in accordance with the terms of this agreement H ~.LE(~-DIR~DuyFeDCurtislMY[N)~'~'~?003\P&~7,ORD03V~,ning.~:rd\l~OYLEC'\_'00311010301.Fuentes.Ch'dApp&PC.doc ",A~ry V.~~re~;: ~vlozorc~vc:e leasf- aa~eeme ~t ac>: Page 6 I Page 6 of 7 ,hall be made trom current reveni.ies available to the City and any future payments shall be subject to appropriations. The parties recognize that the continuation of any contract after the close c~f any fiscal year ;>f the t~ itE of C~~rpus Christi, which fiscal year ends on July 31 of each year. shall be subject to budget a~~prov~l providing for or covering such contract item as an expenditure in sa~d budget. The t'ity c~oes not represent that said budget item will actually be adopted, said determination bein~ within the sole discretion ofthe Corpus Christi City Council at the time of the adoptiorE of~a C'it~ budget. Agreed to by ~. T~IF, CITY F CORPUS CHRISTI sy: __ _ - -- _ --- C~orge . ~, C' ~a,~,gey ~i ~ G~te: ~_ _ _ ; . _-_1_ -- -- ~ By: t ~~ Lr ~~~ Bryan P. ith, Chief vf Police ~ Date:_ /,~' ~ I f ~. "~ LESSOR B~: Na . :~ ~~~lL~~ ~ L~r~ Date: ~ - a ~ Ej'7 Attest by: By: ~r-- Armando Chapa, City Seeretary 4pproved as to iegal form this __ `~ day of -~"'~ ~ ---- ~ y z i~!, ~r L ' By: _ _-~, ---~ _ Lisa Aguilar ~ Assistani City Attorney for t:'ity~ Attornev , ~~.~~ H'.L EG-D[R\DoyieDCurtis\MYD( )~ ~S\20031PK LORD03~Z~,ning. urd\DOYI..EC\;!003~7010301. Fuentes.Ord.App& PC.doc '~d"o V~aiit,'P~,. ~:1€'v'!:7fG/:.:;l~. iE25E j,~;•:~ ~ . U:.~. SCHEDULE A ,ttached tc and made part of the Lease Agreement beiu een the Ci of (~orpus Chris i and -_ =_~~`iv ~ _ ~ ~L C ~ C? ~scription of Motorcyc le ~e: . ~~ r~ _c~~_--- - '~del ~ ~' f VIlv F 5 C. 3~-(.-3~~A.~G~18 License Plate Number: `~~_~ y `1`~__ Page 7 Page 7 of 7 ' -~, , , - , _ ~.,,.~~ :-~ ~ j,/ ;,~` ~'~. _ - ~ ~. r , ~ r ,~ .: H~'•i ,EG-DI R~DoyleD~ ~urtislMY U(1CS1~~ 0031P& LORD03~I~ ~ning.ordtl ~Y L EC'~~ 0031Z010301. Fuentes.(hd.App&PC. doc