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Home My WebLink AboutC2007-367 - 10/15/2007 - NAMary Vallejo ~ Motorcycle I~ase agreement.doc LEASE A~~EENIE~I'T This Lease Agreement ~herelnaf~er referred to as "the Agxeem,ent"} ~~ made between the City of Carpus Christi, political subdivision of the Mate of Texas, ~hereina~er refe~ed to as "tile City"} and Ili ~ ~' ~ , ~ police officer employed by the City of Carpus Christi, ~hereina~cr referred to as "Lessor"}, and wHEREA, the use of motorcycles by Corpus Christi Police ~f~icers to perform a~cial E law enforcement duties such a.s traffic enforcement and tragic control serves a governmental purpose; i f ~ HE~EA, the use of motorcycles ~~ Carpus Christi Police ~~cers to provide funeral ~ escorts and other approved off duty assignments also serves a governmental purpose; wHEA, section 142.4D {b} afthe Texas Lacat government Code requires that the City provide for insuring each police af~icer in its employ against liability to third persons arising out nfthe operation, maintenance, or use of a motorcycle owned or leased by the municipality, wHE1~EA, ectian 14~.aa~ ~d~ of the Texas Local a~rernment Code provides tlxat the City may elect to be self insured or to reimburse the actual cast ofextended automobile Iiability insurance endorsements obtained by ~ police afl"icer on are individually owned automobile liability insurance policy; w~IEREAS, the Texas legislature in Article 715 c of Vernon's Texas Civil Statutes determined that it is imperative that local governments have the authority ~o provide coverage against any insurable risk at the lowest passible costs; V~HEREA, insurance companies are na longer providing liability insurance far motorcycles when they are used far law enforcement purposes; HE~A,, the casts of obtaining liability insurance through the assigned risk pool are prohibitive; - l~~'4~', THERETI~RE, in consideration of the mutual covenants contained herein, the City and Lessor agree as follows: A~TILE 1. LEASE ~F MI~TI~~~CLES Lessor agrees to lease to City, and City agrees to lease from Lessor, the motorcycle specified in Schedule A attached hereto. when used in this Agreement, the term "motorcycle" shall mean a motorcycle leased hereunder. U~hen used in this Agreement, the term "approved o~=duty assigr~tnents" shall mean those off~duty assignments which ~i~ serve a go~rernn~ental purpose of the City and iii} hve~been appro~red by the Corpus Christi Police Chiefor his designee. ~ ~~07~b7 1U11107 - Kevin D. price #47~~ Pale ~ Mary Vallejo -Motorcycle lease agreement.doc Page 2 ._ . _~. ,- ~-----------.---. , .~. _v. __ a _~r v...~ ----~ -.-- ------_-v- . -. ~------ ----n .... ~-- ---.~._---~.w.~_. _.~ --------- ------- -.--_ .~- ~ i y Pa ~f7 ! ~ ~ Any additions to or deletions from schedule A, when agreed to by bath parties, or any agreed variation in models or types ofmotarcycle, shall be evidenced by a supplement to this agreement This agreement and its supplements thereto shall constitute the master lease agreement. E TICLE ~. OwIVERHI~ ~~' NI~T~RCYCLE This is an agreement of lease only and m.ay ~aot be construed as a contract for the sale of a rnotoreycle. City acknowledges that Lessor is the owner ofthe motorcycle leased hereunder. Lessor shall provide the City with evidence of ownership. A1~TZCL~ . LEASE PAYMENT Ifthe Lessor is assigned full time duties as a Corpus hr~sti ~'alice atarcycle Officer, the City agrees to pay Lessor peg mileage traveled in the perfo~mar~ce ofo~cial duties, not to exceed twelve hundred ~ l ~aa} miles a month, the standard mileage reimbursement rate adapted by the City in City Policy F~~1.0. The City shall ma1~e such payment monthly to Lessor, Ifthe Lessor is not assigned full time duties as a Corpus Christi Police 1Vlotorcycle ~cex, but has been authorised by the Corpus Christi Chief of Police or his designee to perform approved off duty rnatarcycle assignYnents, the City agrees to m~alCe lease payments of $1.Oa done dollar} to Lessor which shall be payable each tune the lease is renewed. ARTICLE 4. TE~11~ The term afthis Agreement shall be for a term of one year, commencing on the date the agreement is executed by the City tanager or his designee. [Tnless terminated as herein provided, the Agreerr~ent shall be automatically renewed far one year periods. ARTICLE 5. ~PERATII~N ~~` MT~~C~CLE l . If the Lessor is assigned permanently as a full time motorcycle officer for the Corpus Christi Pollee Department, then the parties agree that Lessor shall operate the motorcycle in the perfot~nance of af~icial duties. The parties agree that Lessor may operate the tnotareycle in the performance ofapproved off~duty police assignments. ~. Lessor shall not perznit the motorcycle to be used in violation of any federal, state ar municipal statutes, laws, ordinances, rules or regulations. Lessor shall notify the City immediately ofany and all accidents involving the motorcycle. such notice shall be by telephone and in writing and shall include full details ofthe accident and the names and addresses of all parties and witnesses. 4. The City may inspect the naotarcycle, upon the City's premises or elsewhere at any and all reasonable times, and the Lessor shall cooperate fully to facilitate such inspections. i I~;ILECRDIRID~y1e~r~islh~YDQCS12~~31P~RD031~nning.ordlDQYLI;C12~0~1~010~41,~'uente~,Ord.ApPC.dac ~, ~, _._, .._....._ __..-- ---- - -. ------- .-- -.-----~-~--- -- ------ - ---T.~~ ...._._._ ...~- -~- --- ----~.~.~, Mary Vaile~o - Motorcycle Haase agreement.daa Page 3 ------___ ., - _....._..----~_~ _ .._~._ _~-. --- -- -----~_._~._._.._. r _.....-.---------,--------_ .~_------. ~---~.._.~__... ~ ---------- ------ ~. i ~~ t Page of 7 f f 5. Lessor shall not allov~ any other person to use the rnotarcycle ~n the performance of E of#icial police duties or in the performance of appro~red off+dut~ ~inn~ents. In other words, the ~ parties agree that the only person who gill use the motorcycle in the performance of palace duties or in the performance of approved off duty assignments ~s the Lessor. ARTILY G. ~JDTITUTII~N ~~ ~T~~YI~LE Lessor shall have the right to substitute for any m~atorcycle under lease a motorcycle of can~parable type and condition, subject to approval by carpus hristl h~ef of pollee or h1s . designee. ARTI~L 7. TATS, I~I~UNTY AND I~IT~' REITRATII~N AND Lx~I~E Lessor shall accomplish the titling, registration and licensing in the Mate of Texas of motorcycle in Lessor's name. Lessor shall accomplish and pay for any inspections ofthe motorcycle required during the term ofthis Agreement by any governmental authority. ARTII~LE 8. TA~~ Lessor shall pay and bear all federal, state and local sales, use, excise, personal property and other taxes and all governmental assessments, fees and charges imposed an or in connection with the motorcycle, ar an the lease, use, ownership ar possession thereof pursuant to this Agreement. ARTILY 9. ~E~AIR AND I~IAINT~NANI~E 1. Lessor shall keep and maintain the motorcycle in gaol operating condition and working order It shall be the duty afthe Lessor to male all necessa repairs aid replacements to the motorcycle, including but not be limited to tires, ail, lubricants and antifree~ required for the proper operation andlar protection of the motorcycle. The City agrees to provide for electrical repairs to the motorcycle ifthe Lessor is permanently assigned to the atorcycle I)ivisiar~. 2. Lessor agrees to provide all gasoline necessary to operate said motorcycle and to maintain all oils and lubricants at the proper level. Lessor further agrees to keep said motorcycle properly stored and gashed, 3. The pity agrees to provide for the repair of a motorcycle which is damaged v~rhile being operated by Lessor in the performance of official police duties or during approved offduty assignments Xf the corpus Christi thief of Police or his designee determines that the motorcycle is so damaged that it cannot economically be placed in good garking order, then the pity shall, as soon as practicable afer such event, pay Lessor the value of said motorcycle as fisted in the then current issue of the N.A.I].A. otorcyclel Snowmobile 1 A~T~ I Personal V~atercra~ Appraisal Guide, ~ ~ ~:II,~G-~IRIDoyIeDCurtjslMYDDCS12~~3~ORD~31~on~ng.~rd11~0Y~E~1~4~31L0 ] ~3~ 1. Fuentes.~rd.A~~&pC.doc ~.. ~~......._....rM....~.~....-~- --_~,..~...~.~- ----------~-~--~~----- --- .._._~,_..~._~ .~.~.,..---. _.._~_.~ Mary Va~~ejo ~ Motorcyo~e lease agreement,doc Page ~ . , _.~~M - ~ - --- - ~,.~_~.._~..------- ---- --~. ~_.-------,~~.__ i I 1 1 ~ i ~~~~ ~ 0~ ~ . ~ k C ~ A.RT~LE ~0. R~~ ~F L~ Lessor retains risk of lass of the matarc cle includin Iass caused b they of the rnatorc cle. y ~ g ~ Y A-~T~L~ ~ ~. ~N'I~t.ANL then the motorcycle is operated by Lessor in the performance of aciax police duties ar in the performance of approved off-duty assignments, the self insurance fund of the City sha11 provide coverage far property and casualty losses, general lrabtlrty, au#a liability, worker's compensation and other naiscellaneaus risks to the extent not covered by contractual insurance or other indemnification. A~iTIL~ ~~. ~N~]LX~`~AT~~N When the motorcycle is operated by Lessor in the performance of official police duties or ~n the performance of approved off~duty assignments, the City shall indemnify Lessor as provided in ~~ctian 39-1G afthe Corpus Christi Code of~rd~nances. ARTI~LL ~~. TERN~NAT~~N~ 1. Ifthe motorcycle is stolen, the 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 afthis Agreement and approval by the Carpus Christi Chief of Police or his designee. . Iftlae Corpus Christi ChiefofPolice or his designee determines that the motorcycle is so destroyed or damaged that it cannot economically be placed in gaol working order, this Agreement shall terminate. Notwithstanding the previous provision, the Lessor reserves the aptian to offer a replacement or substitute motorcycle which motorcycle shall be subject to the terms of this Agreement and approval by the Carpus Christi Chief of Police or his designee. 3. If the Lessor ceases to be employed as a police officer by the City of Carpus Christi, the agreement shall terminate ~namediately. ~. Ifthe Lessor is no longer authari~ed to operate the motorcycle in the performance of official police duties or in the performance of approved ofF duty assignments, the agreement shall terminate imrnediateXy. 5. The agreement may terminate upon the mutual agreement afthe parties. G. ~ default by Lessor with respect to any afthe responsibilities outlined in dais agreement shall terminate the agreement. 7. Notw~thstand~ng anything to the contrary herein, this agreement terminates ~Utonaat~cally H:1LEG-DIR1Day1~DL'~r~s1M~D(~C12~~31P&,~~~D~31~on~~g.ordlD~YLE~12D~~1~~ I~3~ 1.~'~entes.~rd.A~ppPC.doc Mary Valle~o~atorcycle lease agreement.doc ---- ._~.~`~_~.._~.~~~....__. _ __~. w_ -..~_.~ _~_ ,T, ~ ,Page 5 - - ._~.~ i i .--_.___._._-__.__... __.___.._________~_~ I I E!`~ F`L ~~~~ ~~ ~ I and without notice an ~a} an attempted assignmen# by Lessor of this agreerr~ent, or {b} an assignment by Lessor far the benefit afcreditors. 8. dither party may terminate this Agreement by providing the other party with thirty ~3D} days adva~ace written notice oftermination, ARTICLE 14. ~~~~AL PR~I~~ ' 1. This instrument has been ea~ecuted in du ~icate on ina i I p g ~ cop es and constitutes the entire i agreement between the parties hereto. This agreement shall not be effective until authorised by ~ the Ci council and executed b the Ci Nlana er. This a een~ent cannot be amended ar ~ ~ g altered in any manner unless such amendment be signed by the City Manager far his designee} ~ . . . . and by Lessor. No forbearance to exercise any right or pr~v~lege under this Agreement ar wager ~ of any breach of any of its terms shad be construed as a waiver of any such terms, rights ar ~ ~• E pr~v~leges, but the same shall continue and remain ~n full force and effect the same as if na such f forbearance ar waiver had occurred, . Neither this Agreement nor any interest herein nay be assigned by either party. Nothing contained 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 motorcycf e. 3. Any notice given by one party to the other under this Agreement shall be gran in writing at the address of the other party asset out below or at such other address a nay have been furnished in writing for such purpose. ~ far the City: Corpus Christi Police department Attn. Police Ch1ef Aryan ~'. Sn71th 3~I John Sartain St. ~ Carpus Christi, Texas 78401 i Far Lessor: £V1 , ~ ~~~ ~ ~~ 4. Lessor shad notify the City immediately in writing of any charges or hens of any bind whatsoever imposed upon the motorcycle. 5. This 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 ar 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. ~. Any payments #a be made by the City in accordance with the terms of this agreement H.ILI~G-DI€~IDoyle~~urtis111~iCS12~~31P~i~~RU~31'Lonin.ord1DQ`YLEC120031~~ ~ 0301.~'uent~s,Q~d.App&PC.~oc Mary V~le~o - Motorcycle I~ase agro~ment.doo 4------ ~-~-..~ ~..4~ _ ___..v~,__._..~~ _ ...._,.-- --~.--~ --- ~M_ I ~ ~ M l~a~e G a~ 7 shall be made from current revenues available to the City and any future payments shall be a sub,~eet to appropriations, The parties recognise that the continuation of any contract after the clo ~ of i . i s any f scat year of the City of Carpus Chr~st~, which fiscal year ends on July 31 of each year, shall be subject to budget appr4va~ pravidir~ for or covering such contract item as an expenditure in said budget, The City does not represent that said budget item will actually be adopted, said determine#inn being within the sole discretion afthe Corpus Christi i Cou~acil at the tune of the adoption of a City budget. Agreed to by TIDE CI ~~' CARPUS C~R~T~ By; evr .Noe City ana e Date: ~ ~ '' ~ ~ ~ ~~: Bryan p. Date; ,~Chiefof police Attest by: By: .. Armando Chapa, City ecre LE~~~ By. Name. _ Vn~ ~ , Q~ Date: ~ '~ v~~°~ ~ roved. as to le al faun this ~ da of pA g Y ~~ h Lisa Aguilar Assistant City Att ey for City Attorney a H:1LEC-D~R1Doyle~]~urtisIMYD0~512~D~1~&,~ORD~31~ani~g.ardlD~YLEC1~~031~4 ~ ~3~ 1. ~'ue~tes.~r~.AppPC,~oc Mary Va#~e~o~Mo~orcy~le ~a~e agreemen~.doc Page 7' i Iii ICI Page ~ of 7 I~EDULT~ ~ At#ached t~ and made pad o the Lease ~ree~aent between the City o~ corpus Chr~st~ and ~]escription of N~otorcyc~e Make: {3tY1 W Madel: ~ 1 ~ 0 0 vnv: WB ~o~18Ay-X z~ X06 ~ ~5 License Plate Number: ~ ~5 X ~ W H;1LEG-DIRIDoyteDCurtislM YDDCS12~031PORD031Zonin~.ord1D~YLE~l~0~31'L~ 1 D3U 1.~'uentes.~'d.A~pp&P.d~c