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HomeMy WebLinkAboutC2007-209 - 7/9/2007 - NAMary VaiEeja - Motorcycle lease agreement.~oc ___-F"'-.T_ ~" ---' _"".r --..-~ 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. f 1 f ~ 2007-209 ~ o~~os~a~ I White, Christapher Page 9 Ma,ry Vallejo - Motorcycle lease agreement.doc Page 2 Page 2 af 7 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. "H:ILEG-17[RlpoyleDCurtislMYqOCS120031P&ZORD031Zoning.ordlDOYLEC120031Z0 T 0301.Fuentes.Ord.App&PC.doc _ Mary Vallejo=Motorcycle leasg agreement^doc , ~ i ; Page 3 of 7 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. Page 3 E H:ILEG-DIR1DoyteDCurtisIMYDOCS120D31P&ZORD031Zoning, ordlllpYL~C120031Z410301.Fuen#es.4rd.App&PC.doc Mary Valleja - Motorcycle lease agraement.doc Page 4 of 7 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 ~age 4 ; ii:ILEG-DIRlboyleDC~rtis1MYDOCS120031P&ZORD031Zoning.ord1170'YLEC120031Z0103Q 1.Fuentes.Ord.App&PC. doc Mar~ Vallejo VMotorcycfe lease agreement.doc Page 5 --- ---_._.__ ~ ~ --- -- - - --_ __ .~ i ~ j ~ Page 5 of 7 , i ' , I 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 ~. S ~ ~ f x- ,~~'.Yl~ 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 H:1LEG-DIR1DoyleDCurtislMYDOCS120031P&ZORD431Zoning.ardIDOYLEC120031Z0! 030I.Fue~tes.Ord.App&PC.doc Vallejo - Motorcycle lease agreement.doc Page 6 of 7 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 ~ 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~,~`~ Page 6 H:1LEG-DIRIDoyIeDCurtisIMYDOC5120031P&ZQ121]031Zoning.ordIDOYLEC120031Z010301.Fuentes.Ord. App&PC.doc Vallejo - Motorcycle Isase agreement.doc SCHEDULE A Attached t and made part of the Lease Agreement een the Ci o Corpus Christi and ~ Description of Motorcycle ~ Make: _ _ ~~~.~_,fc 5~2 C~ Model: ~.z `~~ ~ vIN: sicA~uzc ~~xyB~~»a y License Plate Number: .~ 1~ ~ 7~ c~ ~ = ~ ~~~~ ~ ~ ~s ~° ~~ ~ ~_ ~,~,~~. ~ ~~~' ~°~ ~~ ~ --._______------- ----Page 7 i Page 7 of 7 ~ ~~~ H:1LEG-DIRIDoyIeDCtirtislMYDQCS120031P&ZORD031Zoning.ordlDOl'LEC120031'G01630 ~ .Fuentes.Ord.App&PC.doc