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Home My WebLink AboutC2007-376 - 10/31/2007 - NAMary Va~iejo - IViotarc~rcle le~~e agr~ement.doc ..~__~_.rT_~~_~~_ _ ~_.. ,---- ----- .,__,,...w-----.-.-~.----------.---.----~~...------.---.----- --.-.- -- - _ ~-- ~-~ ----------------.---.-----.----- -- _....- -- --.-- - - ....~ .. _.r . r_~.. ~ --. -- . ~-------- .: ~. LEASE A~REEIVIENT ~ This Lease Agreement ~hereina~er referred to as "the Agreement"~ is made between the City of Corpus Christi, a political subdivision of the State of Texas, thereinafter referred to as "the City"} and _ -- --C1I`~ ~ + ~ ~'~` D~ ~ ~ , a police officer employed by the City of carpus Christi, ~hereina~er referred to as "Lessor"}, and 4 f ~ w~EEA, the use of motorcycles by corpus Christi police dicers to perform official ~ law cnfarcernent duties such as traffic enforcement and traffic control serves a gavernrnental u ase~ l~ ~ WHEREAS, the use of rnatorcycles by Carpus Christi Police Officers to provide funeral escorts and other approved off-duty asi~aments also serves a avernmenta~ purpose; wHE~tEA, ectian 14~.OU~ ~b of the Texas Local Government Code requires that the City ~ provide for ins~rring each poiiee ocer in its ernplay against liability to third persons arising out of the operation, marntenance, or use of a motorcycle o~rned ar leased by the rnun~cxpaixty; '~V'HE~tEAS, Section 142,0~~ ~d} afthe Texas Local Government Code provides that the pity may elect to be self~insured or to reimburse the actual cast ofextended automobile liability . . insurance endorsements obtained by a palace officer on an rnd~~rtdually owned automobile liability insurance policy; WHEREAS, the Texas legislature in Article 71 S c of ~Vernan's Texas civil Statutes determined that it is imperative that local governments have the authority to provide coverage against any insurable risk at the lowest possible costs; WHEREAS, insurance companies are r~o longer providing liability insurance for motorcycles when they are used far law enforcement purposes; wHEREA, the casts of obtaining liability insurance through the assigned risk pool are prohibitive; - Nw, THEREFORE, in consideration ofthe mutual covenants contained herein, the City and Lessor agree as follows: A~T~LE f. LEASE E MTRCYCLES 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 terra "motorcycle" shall mean a motorcycle leased hereunder. when used in this Agreement, the term "approved a duty assignments" shall mean those ofd=duty assignments which {i} serge a ~o~ern~nental purpose of the 1ty and ~~i}have been approved by the Carpus hrist~ Police Chlefor his designee. ~~~~-~ ~~~~~~~~ _--- Page 1 ~ Kevin D, Price #1749 N~a~,y Vallejo R [~otoroycle lease agreer~ent.d~c :, Page ~~ e ~ ~f ~ ~ Any additions to or deletions from schedule A, when agreed to by both parties, or any agreed variatio~a in models or types of motorcycle, shall be evidenced by a supplement to this agreement. This agreement and its supplements thereto shall constitute the master lease agreement. AR~'ICL~ ~. HgNEI~HIP ~~' ~T~~t~'LL This is are agreement of lease only and nay not be construed as a contract far the sale of a ~natorcycle. City acknowledges that Lessor is the owner of the naatarcycle leased hereunder. Lessor shall provide the City with evidence of ownership. AI~TILE 3. LLAL ~AYENT Ifthe Lessor is assigned full time duties as a Carpus Christi police Motorcycle ~cer, the City agrees to pay Lessor per mileage traveled in the performance of acial dr~ties, not to exceed tvs~elve hundred ~1~4U} miles a month, the standard mileage reimbursement rate adopted by the City in City Policy ~-- l .D. The City shall make such payment monthly to Lessor. Ifthe Lessor is not assigned full time duties as a Corpus Christi Police Motorcycle Oft~icer, but has been authari~ed by the Corpus Christi ChiefafPalice ar his designee to perforru approved off duty motorcycle assignments, the City agrees to make lease payments of $I.O~ done dollar} to Lessor which shall be payable each time the lease is reneged. A~T~CL~ 4. TEItNI The teen ofthis Agreement shall be for a term of one year, commencing on the date the i agreement is executed by the City Manager or his designee. Unless terrntnatod as herein provided, the Agreement shall be automatically renev~ed far one year periods. ARTI~LL ~. ~F~~ATION ~F MI~T~~CYCL~ i. If the Lessor is assigned permanently as full time motorcycle ocer far the Corpus Christi Police Deparent, then the parties agree that Lessor shall operate the motorcycle in the 4 perfarnaance of official duties. The parties agree that Lessor may operate the motorcycle in the E perfarrnance ofappro~ed off=duty police assignments. ~. Lessor shall not perrn~t the motorcycle to be used in violation of any federal, state or naunlclpal statutes, laws, ardina~aces, ales ar regulations. ~, Lessor shaii notify the City immediately ofany and ail accidents involving the motorcycle. such notice shall be by telephone and in writing and shall include full details of the accident and the names and addresses of all parties and witnesses. ~. The City may inspect the motorcycle, upon the City's premises or else~rhere at any and all reasonable tunes, and the Lessor shall cooperate fully to facilitate such inspections. i H:ILIaC-I]IR1~oylel~G~rtislMYD~CS1~~~31P&Z~R.Da3lLonin~.ordIDO~I,,EC12~~31~~1~3~1.I~uentes,Ord.A~p~.P~.do~ 3 i F Mary Vallejo - Motorcycle I~a~ agree~~nt.doc Pege Pale of ? 5. Lessor sl~il nvt allow any other pet~on to use the rnatorcycle in the performance of octal police duties or ~n the performance of approved ofd duty assignments. In other words, the parties agree that the only person who will use the rnotarcycle in the performance of police duties or in the performance of approved off duty assignments is the Lessor. A.~TILE ~. L~BTITUTII~N ~F II~TUR~LL Lessor shall have the right to substitute far any motorcycle under lease a motorcycle of comparable type and condition, subjec# to approval by Corpus Christi ChiefofPalice or his designee. . A~TILL 7, TAT} ~UNTY AND IT"Y ~IiITRATION AND LII~ENE Lessor shall accomplish the titling, registration and licensing in the #ate of Texas of motorcycle in Lessor's name. Lessor shall accomplish and pay for any inspections of the motorcycle required during the terra of this Agreennent by any governnr~ental authority. ARTICLE . TA~~ Lessor shah pay and bear ail federal, state and local sales, use, excise, personal prope~y and o#her taxes and all governmental assessments, fees and charges imposed on ar in connection with the motorcycle, or on the lease, use, ownership or possession thereof pursuant to this Agreement. ARTICLE ~. REPAIR AND AINTENANI~E l , Lessor shall keep and maintain the rnotarcycle in good operating condition. and working order. ~t shall be the duty of the Lessor to make all necessary repairs and replacements to the motorcycle, including but not be limited to tires, ail, lubricants and antifreeze required far the proper operation andlor protection ofthe motorcycle. The City agrees to provide for electrical repairs to the rnatorcycle ifthe Lessor is permanently assigned to the Motorcycle Division. ~. f,esor agrees to provide ail gasoline necessary to operate sand motorcycle and to maintain E all oils and lubricants at the proper level. Lessor further agrees #o keep said motorcycle properly ~ stored and washed. 3. The City agrees to provide for the repair of a motarcycie which is damaged while being operated by Lessor in the performance of official police duties ar during approved of~du#y assigents. Ifthe Corpus Christi Chiefof Police or his designee determines that the motorcycle is so damaged that it cannot economically be placed in goad working order, then the Ci#y shah, ~s soon as practicable aver such event, pay Lessor the value of said motorcycle as listed in the then current issue afthe ~.A.D.A, otarcyclel nvwrriobile I ATTV 1 personal watercraft Appraisal guide. H;1LEC-I]I~1Day~eD~urtislMYIC1~~~31P&~~R~431~~ning.ordlDOYLE~12~U31ZQ103~1,~'uentes.Ord.Ap~&PC.d~c Mari 11al~ejo _I~otorcycl lease agreemntTdoc Page ~ ~l: ~ ARTICLE ~0. RISC ~~` L~ Lessor retains risk of loss of the motorcycle, including lass caused by they of the motorcycle, ARTII~LE I1. INLTRANCE when the motorcycle is operated by Lessor in the performance of official police duties or in the perfarrnance of approved off=duty assignments, the self insurance fund of the pity shall provide coverage far propert~r and casualty lasses, general liability, auto liability, worl~er's compensation and other naiscellaneaus risks to the extent not covered by contractual insurance or other indemni~catian. ARTICLE I~. INI~EN~FI~A~'IN then the motorcycle is operated by Lessor in the performance of official police duties or in the performance of approved o~=duty assignments, the ~it~ shall indemr~if~ Lessor a provided in section 39- ~ ~ of the Carpus Christi Cade of ordinances. A.RTII~LE 13. TI~NATION f ~. Zfthe motorcycle is stolen, the Agreement shall terminate. Notwithstandingthe previous provision, the Lessor reserves the option to of~`er a replacement ar substitute motorcycle which motorcycle shall be subject to the terms ofthis Agreement and approval by the Corpus Christi 1 ~ Chief of Police ar his designee. 2. ~f the Corpus Christi Chief of Police or his designee determines that the motorcycle is so destroyed or damaged that it cannot economically be paced in goad v~rorking order, this Agreement shall terminate. Natw~thstand~ng the previous provision, the Lessor reserves the option to offer a replacement or substitute rnotvrcycle which motorcycle shall be subject to the terms of this Agreement and approval by the Corpus Christi Chiel~ of Police or his designee 3. If the Lessor ceases to be employed as a police af~'icer by the City of Carpus Christi, the agreement shall tenminate immediately. ~. Ifthe Lessor is no longer authorised to operate the motorcycle in the performance of official police duties or in the performance of approved off~duty assignments, the agreement shall terminate immediately ~. The agreement may terminate upon the mutual agreement afthe parties. r ~ default by Lessor with respect to any ofthe responsibilities outiir~ed in this agreement shall terminate the agreement. 7. Notwithstandinganything to the contrary herein} this agreement terminates automatically 1 i i i H.111EG-D1RIDoyIeDL~iitislMYI~OCS120~31PBc~01~D031~oning.ordlDOYI.ECl~0~31~Q1~301.Fuentes.~rd,App&PC.doc Mary Val~jo - il~otoroycle ~eae agreeme~t.dac i ~' I Page of ? f ~ and without notice on ~a} an attempted assignment by Lessor ofthi agreement} ar fib} an assignment by Lessor far the benefit of creditors. ~. Either party nay terminate this Agreement by providing the other party with thirty ~~0} days advance written notice afterminatian. ART~LE 14. ~NERAL P~i~II~N i . Th1s instrument has been executed ~n duplicate original copes and canst~t~tes the entire agreement between the parties hereto. This agreement shall not be effective until authorized by the City Council and executed by the City Manager. This agreement cannot be amended or altered in any rrtanner unless such amendment be signed by the City Manager far his designee} and by Lessor. Na forbearance to exercise any right or privilege under this Agreement ar waiver of any breach of any of its terms shall be construed as a wai~rer 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 occurred, 2. Neither this Agreement nor any interest herein may be assigned by either party, Nothing contained in this instrument shall be deemed to prevent the Lessor tom pledging 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 out below ar at such other address as may have been famished in writing for such purpose, For the City: Corpus Christi Police ~eparhr~ent At~. Pallce Chief ~~'yan ~. ~nlth 3l Cahn Sartain fit. Corpus Christi Texas 784D x For l essor: ~Ev2n( ~ . ~ ~t,~' ~`~ ~ 9 3a ~ ~~H ~+ S~R7gxN s-r. c. c. 7 0~ 4. Lessor shad notify the City immediately in writing of any charges ar liens of any kind whatsoever imposed upon the rnatorcycle. 5. This agreement shall be interpreted under and governed by the laws of Texas, ~f any provisions hereofar the application ofany provisions to any person or circumstances is held invalid or unenforceable, the remainder hereofand the application ofsuch provision to other persons or circumstances shall remain valid and enforceable. ~__ Page 5 ~. Any payments to be made by the City in accordance with the terms of this agreement ~:ILEG-I~IR1Doy~eDrtis111~YD~CS1~~~31P&~~RD~3~2nning.ar~lD~~LE~120031ZD 1~301.Fuen~es.~r~.~ppB~PC.d~c -~~.~ _ .--~------------~,._. ~..._....~._.~_...~_..~.--~--~-~-- ~T_.~..- -- - ~ Mary 1lal~e~o ~ Motorcycle lease agreementYdoc ------ - -...._._._~.-~-- P~a~ F i ~a~e ~ of 7 shall he made from current revenues available to the City and any future payments shall be subject to appropriations. The parties recognize that the cont~n~ation of any cantract aver the close of any fiscal year of the City of Carpus Christi, which fiscal year ends on July 3 ~ of each ~ year, shall be subject to budget approval providing for or covering such contract item a an expenditure in said budget, The City does not represent that said budget item will actually be adapted, said determ~natton being within the sale d~scret~on of the Carpus hr~st~ City Council at the time of the a.daptio~a of a pity budget. Agreed to by: T~~ ~'~~ ~F ~~RPU ~~ST~ ~~. Georg e, City an er Date: ~y: Aryan P. Smith, Chief of Police Date: LESSOR ~~ ~~ By: ~ fl. PRnE o~49 Name: ~Ev~'~t o. PRxz.~' 07+9 Date: v G~38£R ~ o a o ? Attest hy: By: Armando Chapa, City ecre Approved as to legal form this 3 ~ day of ~ ~ By. ~t~ Lisa Aguilar Assistant City Attorney far City Attorney 2wN ~- H:1~~G-DIR1D~yIeD~urtisl~rl YD~C~12~~31p&~aRD431~a~ing.o~rd1D0YLEC120~31~~ I03~ ~ . Fuentes.~rd.App&PC.d~c Mary V~i~ejo ~ ~Ilotorcy~le lease ag~e~ment.dvc ~ • I i i Page ~ j .. _ t__.._._-.,.. _ _ ~._ -- ------~_~.--- ~------ ..~ _-.--~..... __.-.-.--_.___.__. _. -_---_.__-_..~- ~r__-_-_-_.-_---.__-_-__~----rr -~.y - 11 p1 9 1 1 ~EDUL~ A Attached t~ and made part of the Lease Agreement ~etv~een the City a#'erpu hri~~i and I~eseript~an of ~t~rcycle Make: ~~o~ ~ dNDfl G L l~o~ Model: GOLD taTSN (~__ vIN: (I~~'scaa33YRaoao~a License Plate Number: 3 ~i 8 8 $ ~ H:1LI;~i-DIR1DQy1~DCuxtislMYDOC~12003V~&.Z~RD~312oning.nrdlDOYLEC1~003~41 X30 l . 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