HomeMy WebLinkAboutC2007-209 - 7/9/2007 - NAMary VaiEeja - Motorcycle lease agreement.~oc
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LEASE AGREEMENT
T'~is Lease Agreement (hereinafter referred to as `~e Agreement") is made between the
City of Corpus Christ' a po~itic 1 subdivisio of ~e State of Texas, {hereinafter refetred to as
"the City") and ~-71`° , a police officer
employed by the City of Corp~zs Christi, (hereinafter referred to as "L,essor"}, and
WHEREAS, the use of motorcycles by Corpus Christi Police Offcers to perform official
law enforcerr~ent duties such as t~affic enforcement and fraffc controi serves a governmental
purpose;
WHEREAS, the use of matorcycles by Corpus Christi Police O~cers to provicie funeral
escorts and other approved off-duty assignments also serves a governmentai purpose;
WHEREAS, Section 142.006 {b) of the Texas Local Government Code requires that the City
provide for insuring each police officer in its employ against liabiIity to third persons arising out
of the operat~on, maintenance, or use of a motorcyc~e owned or leased by the municipality;
WHEREAS, Section 142A0G (d) of the Texas Local Gove~ment Code provides that the
City may elect to be self-insured ar to reimburse the actual cost of extended avtomobile liability
insurance endorsements obtained by a police officer on an individually owned automabile
liability insurance policy;
WHEREAS, the Texas legislature in Artic~e 715 c of Vernon's Texas Civii Statutes
deter~ined that it is imperative that local governments have the authority to provide coverage
aga~nst any insurable risk at the lowest possible costs;
WHEREAS, insurance campanies are no longer providing liability insurance for
motorcycles when they are used for iaw enforcement purposes;
WHEREAS, the cos~s of obta.inir~g liability insurance through the assigied risk pool are
prohibitive;
NOW, THEREFORE, in consideration af the mutual covenants contained herein, the City
arid Lessor agee as ~ollows:
ARTICLE ~. LEASE OF MOTORCYCLES
Lessor agrees to lease to City, and City agrees to lease from Lessor, the motorcycle specified
in Schedule A attached hereto. When ~sed in this Ag,reement, the term "motorcycle" shall tnean a
motorcycle leased hereunder. When used in this Agreement, the term "appro~ed off-duty
assignments" shall mean those off duty assignments which (i} serve a governmental purpose af
the City and (ii) have heen approved by the Corpus Christi Police Chief or his designee.
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Any additions ta or dele#ions from Sched~le A, when agreed to by both parties, or any agreed
variation in made~s or types of motorcycle, shall be evidenced by a suppl~ment to this agreement.
This agreement and its supplements thereto shall constitute the master lease agreement.
ARTICLE 2. OWNERSHIP OF MOTORCYCLES
This is an agrEennent of lease only and znay not be canstrued as a contract for the saie of a
motarcycle. City ackt~awledges that Lessor is the owner of t~e motorcyc~e leased hereunder.
Lessor shall pravide tt~e City with evidence of owr~ership.
ARTICLE 3. LEASE PAYMENTS
If the Lessor is assigied fuil time duties as a Corpus Christi Police Motorcycle Officer, the
City agrees to pay Lessor per mileage traveled in the performance of official du#ies, r~at to exceed
twelve hundred {1200) ~iles a month, the standard mileage reimbursement rate adopted by the
Ci~y in City Policy F--1.0. Tt~e City shall make such payment monthly to Lessor.
If the Lessor is not assigned full time duties as a Corpus Christi Police Motorcycte Officer,
but has been authorized by the Carpus Christi Chief of Police or his designee to perfortn
approved offduty motorcycle assigr~ments, the City agrees to make lease payments of $1.00 (one
dollar} ta Lessor which shall be payable each time the lease is renewed.
ARTICLE 4. TERM
The tern~ 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 ter~ninated as herein
provided, the Agree~nent shall be automatica~ly renewed far one year periods.
ARTICLE 5. OPERATION OF MOTORCYCLES
1. If the Lessor is assigned permanently as a full time motarcycle of~icer for the Corpus
Christi Police Departrment, then the parties agree that Lessor shall operate the motorcycle in the
performance of o~cial duties. The parties agree t}~at Lessor may operate the motorcycle in the
perfor~nance of approved off-duty police assignments.
2. Lessor shall not permit the motorcycle to be used in violation of any federal, state ar
municipal statutes, laws, ordinances, rules or reg~~lations.
3. Lessor shalI notify the City immediately of any and all accidents involving the
motorcycle. Such notice shajl be by telephone and in writing and shai~ include fuil details of the
accident and the nar~es and addresses of aiI parties and witnesses.
4. The City may inspect the motarcycle, upon the City's pren~ises or elsewhere at any and
all reasonable times, and the I.essor shall cvoperate fully to facilitate s~ch inspections.
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5. Lessor shall not aliaw any other person to use the motorcyele zn the performance of
official police duties or in the performance of a~pro~ed off-duty assignments. In other words, the
parties agree that t~ie onZy person who will use the motarcycle in tixe perfor~nance of police duties
or in the performance of approved off-duty assignments is the Lessor.
ARTICLE 6. SUBSTITUTION OF MOTORCYCLES
Lessor shall have the right to substitute for any motorcycle under lease a rrtotorcycle of
compazable type and condition, subject to appro~ai by Corpvs Christi Chief of Police or his
designee. ~
ARTICLE 7. STATE, COUNTY AND CITY REGISTRATION AND LICENSES
L,essor shall accomp~ish the titling, registration and licensing in the State of Texas of
nnotorcycle in Lessor's name. Lessor shall accornplis~ and pay for a~y inspections of the
~rt~otorcycle required during the term of this Agreement by any gover~mental authority.
ARTICLE S. TAXES
Lessor shall pay and bear al~ federal, state and local sales, use, excise, persona~ property and
other t~es and all governm~e~tal assessnnents, fees and charges imposed on or in connection wit~
the moforcycle, or on the lease, use, ownership or possession thereof pursuant to tl~is Agreement.
ARTICLE 9. REPAiR AND MAINTENANCE
1. Lessor shall iceep and maintain the motorcycie in good operating condition and working
order. It shall be the duty of the Lessor to make all necessary repairs and replacemen~s to the
Enotorcycle, including but no# be limited to tires, oil, lubricants and antifreeze rec~uired far ~he
proper operation and/or pratection of the motorcycle. The Cify agrees to provic~e far electrical
repairs to the motorcycle if the Lessor is per~a~entIy assigned #o the Motorcycle Division.
2. Lessar agrees to provide all gasoline necessary to operate said motorcycle anci to maintain
all oils and ~ubricants at the ~roper level. Lessor further agrees to keep said motorcycle properly
stored and washec~.
3. The City agrees to provic~e for the repair af a motorcycle which is damaged while being
opera~ed by Lessor in the performance af official police duties or during approved off-duty
assignments. ~f the Corpus Christi Chief of Palice ar his designee determines that the motorcycle
is so damaged that it cannot economically be placed in good working order, then the City shall,
as soon as practicable after s~ch event, pay Lessor the value of said motorcycle as listed in the
then current issue of the N.A.D.A. Motarcycle/ Snowmobile / ATV / Personal Watercraft
Appraisal G~ide.
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ARTICLE 10. RISK OF LOSS
Lessor retains risk of loss of the matarcycle, including loss caused by theft of the rnotorcycle.
ARTICLE 1L INSURANCE
When the mot4rcycle is operated by Lessor in the performance of officiai police [~uties or in
the performance of approved of~=dvty assignmen#s, the self-insurance fund of the City shall
provide coverage for properiy and casualty losses, general liability, auto liability, worker's
compensation and other miscellaneous risks to the extent not covered by contractual insurance or
other indem~ification.
ARTICLE 12. INDEMNIFICATION
When the motorcycle is operated by Lessor in the performance of official police duties or in
the performance of approved off-duty assignments, the City shall indemnify Lessor as provided
in Section 39-16 ofthe Corpus Christi Code of ~rdinances.
ARTICLE 13. TERNIINATION
1. If the motorcycle is stolen, the Ageement shall terminate. Notwithstand~tg the previous
provision, the Lessor reserves the option to offer a replacement or substitute motorcycle which
motorcycle shall be subject to the terms of this Ag,~eement and approval by the Corpus Christi
C~ief of Police or his designee.
2. If the Corpus Christi Chief of Palice or his designee deterrni~es that the motorcycie is so
destroyed or damaged that it cannat economically be placed in good working order, this
Agreement shall terminate. Notwithstanding the ~revioe~s pravision, the Lessor reserves the
option to offer a replacemem or substitute motarcycie which motorcycle shall be subjeci to the
tez~z~s of this Agreement and approva~ by the Co~pus Christi Chief of Police or his designee.
3. If the Lessor ceases to be employed as a police o~cer by the City of Corpus Christi, the
agreernent shall termina#e im~nediately.
4. If the Lessor is no tonger authorized to operate the motorcycle in the perfortnance of
official police duties or in the performance of appraved off-dvty assignments, the agreement
shall terminate immediately.
5. The ageement may terminate upon the mutual agreement of the parties.
6. A default by Lessor with respect to any of the responsibilities outlined in this agreement
shall terminate the agree~nent.
7. Notwithstanding anything to the contrary herei~, this agreement terminates automatically
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and without notice on (a) an atterr~pted assignment by Lessor of this agreement, or (b} an
assignrnent by L,essor for the beneft of creditors.
8. Either party may terminate ihis Agreerr~ent by providing t~e otl~er party with thirty (30}
days advance written notice oftermination.
ARTICLE ~4. GENERAL PROVISIONS
1. 'This instru~nent has been executed in duplicate original copies and constitutes the entire
agreernent be#ween ~#he parties hereta. This agceement sha.li not be effective t~ntil authorized by
the City Council and executed by the City Manager. This agreeznent catu~ot be annended or
altered in at~y manner uniess such ar~endment be signed by the City Mat~ager {or his designee)
aynd by Lessor. No forbearance to exercise any r~ght or privilege ur~der this Agreement ar waiver
of any breach of any of its terms shalI be construed as a waiver of any such ter~s, rights or
privileges, but the same shall continue and remain in fi~ll force and efFect #he same as if no such
forbearance or waiver had occurred.
2. Neither this Agreement nor any interest herein may be assigned by eitl~er party. Nothing
contained in this instrument shalI be deemed to prevent the Lessor from plec~ging his interest in
said motorcycle to secure financing for the purpose of said motorcycle.
3. Any notice given by one party to the other under this Agreement shall be given in writing
at the address of the other party as set ou# below or at such other acidress as may have been
fiirnished in writing for such purpose.
For the City: CorpUS Christi Police Uepartment
Attn: Police Chief Bryan P. Smith
321 John Sartain St.
Corpus Christi, Texas 78401
Por Lessar: rt ~.
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4. I,essor shali notify the Ciiy imrnediately in writing of any charges or liens of any kind
whatsoever impased upon the rnotarcyciE.
5. This agreernent shalt be interpreted t~nder and governed by the iaws of Texas. If a~y
pravisions hereof or the application of any provisions to any person or circvmstances is held
invalid or unenforceable, the ramainder hereof and the application of such pro~ision to other
persons or circumstances shall remain valid and enforceable.
6. Any payments to be tnade by t~e City in accordance with the terms of this agreement
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shall be rnade from current revenues available to the City and any fot~re payrnents shali be
subject to appropriations. The parties recogriize that the continuation of any contract a#~er the
clase of any fiscal year a~'the City of Corpus Christi, which fiscal year ends on July 31 of each
year, shall be subject to budget ap~roval providing for or covering such contract item as an
expenditure in said budget. The City does not represent that said budget item wili actually be
adogted, said determination being within the sole discretion of the Carpus Christi City Councit at
the tirr~e of the adoption of a City budget.
Agreed to by:
THE CI Y OF CORPUS CHRIST~
By:
Georg . Noe, City Ma~tage~ij~r--
Date: _ ~ ~
By: ~,
s~y~ ~.
Date:
Attest by:
By:
Arrrtando Chapa, City Secre
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Appro~ed as to legal form this ~
By: c~~.c.r~-c-
L~Sa A~~1~
Assistant City Attorriey
for City Attorney
LESSOR
By: ~~- ~ ~~~~
Name: ,~~s. ( ~ ~
Date: S~ /J?-v~
dayof~,~`~
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SCHEDULE A
Attached t and made part of the Lease Agreement
een the Ci o Corpus Christi and
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Description of Motorcycle
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Make: _ _ ~~~.~_,fc 5~2 C~
Model: ~.z `~~ ~
vIN: sicA~uzc ~~xyB~~»a y
License Plate Number: .~ 1~ ~ 7~ c~
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