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Home My WebLink AboutC2008-046 - 3/4/2008 - NAMary Vallejo -Motorcycle lease agreemen#.doc Page 1 ~I LEASE AGREEMENT This Lease Agreement (hereinafter referred to as "the Agreement") is made between the City of Corpus Christi, a political subdivision of the State of Texas, (hereinafter referred to as "the City"} and o rn ~ /~- G S ~ //• , a police officer employed by the City of Co s 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 purpose; WHEREAS, the use of motorcycles by Corpus Christi Police Officers to provide funeral escorts and other approved off-duty assignments also serves a governmental purpose; WHEREAS, Section 142.006 (b) of the Texas Local Government Code requires that the City provide far insuring each police officer in its employ against liability to third persons arising out of the operation, maintenance, or use of a motorcycle owned or leased by the municipality; WHEREAS, Section 142.006 (d} of the Texas Local Government Code provides that the City may elect to be self-insured or to reimburse the actual cost of extended automobile liability insurance endorsements obtained by a police officer on an individually owned automobile liability insurance policy; 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 any insurable risk at the lowest possible costs; WHEREAS, insurance companies are no longer providing liability insurance for rxzotorcycles when they are used for law enforcement purposes; WHEREAS, the costs of obtaining liability insurance through the assigned risk pool are prohibitive; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and Lessor agree as follows: ART1rCLE 1. 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 used in this Agreement, the term "motorcycle" shall mean a motorcycle 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 City and (ii) have been approved by the Corpus Christi Police Chief or his designee. 2008-446 03/04/08 Tommy Eli Cabello Mary Valleja= Motorcycle lease agreement.doc ..._.-..________._______-_..-__-___.__._.__._. __~ . _-Page 2 Page 2 of 7 Any additions to or deletions from Schedule A, when agreed to by both parties, or any agreed variation 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. ARTICLE 2.OWNERSHIP OF MOTORCYCLES This is an agreement of lease only and may not be construed as a contract for the sale of a motorcycle. City acknowledges that Lessor is the owner of the motorcycle leased hereunder. Lessor shall provide the City with evidence of ownership. ARTICLE 3. LEASE PAYMENTS If the Lessor is assigned full time duties as a Corpus Christi Police Motorcycle Officer, the City agrees to pay Lessor per mileage traveled in the performance of official duties, not to exceed twelve hundred (1204) miles a month, the standard mileage reimbursement rate adopted by the City in City Policy F--1.4. The City shall make such payment monthly to Lessor. If the Lessor is not assigned full time duties as a Corpus Christi Police Motorcycle Officer, but has been authorized by the Corpus Christi Chief of Folice or his designee to perform approved offduty motorcycle assignments, the City agrees to make lease payments of $1.00 {one dollar) to Lessor which shall be payable each time the lease is renewed. ARTICLE 4. TERM The term 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 terminated as herein provided, the Agreement shall be automatically renewed for one year periods. ARTICLE S. OPERATION OF MOTORCYCLES 1. If the Lessor is assigned permanently as a full time motorcycle officer for the Corpus Christi Police Department, then the parties agree that Lessor shall operate the motorcycle in the performance of official duties. The parties agree that Lessor may opera#e the motorcycle in the performance of approved off-duty police assignments. 2. Lessor shall not permit the motorcycle to be used in violation of any federal, state or municipal statutes, laws, ordinances, rules or regulations. 3. Lessor shall notify the City immediately of any and all 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. 4. The City may inspect the motorcycle, upon the City's premises or elsewhere at any and all reasonable times, and the Lessor shall cooperate fully to facilitate such inspections. FI:ILEG-bIRlpoyteDCwiisIMYDOCS120031P&ZORD031Zoning.ordIDOYLEC120031Z010301.Fuentes.Ord.App&PC.doc Mary Valkejo -Motorcycle lease agreement,doc Page 3 ~ i Page 3 of 7 5. Lessor shall not allow any other person to use the motorcycle in the performance of official police duties or in the performance of approved off-duty assignments. In other words, the parties agree that the only person who will use the motorcycle in the performance of police duties or in the performance of approved off-duty assignments is the Lessor. ARTICLE b. SUBSTITUTION OF MOTORCYCLES Lessor shall have the right to substitute for any motorcycle under lease a motorcycle of comparable type and condition, subject to approval by Carpus Christi Chief of Police or his designee. ARTICLE 7. STATE, COUNTY AND CITY REGISTRATION AND LICENSES Lessor shall accomplish the titling, registration and licensing in the State of Texas of motorcycle in Lessor's name. Lessor shall accomplish and pay for any inspections of the motorcycle required during the term of this Agreement by any governmental authority. ARTICLE 8. TAXES Lessor shall pay and bear all federal, state and local sales, use, excise, personal properly and other taxes and all governmental assessments, fees and charges imposed on or in connection with the motorcycle, ar on the lease, use, ownership or possession thereof pursuant to this Agreement. ARTICLE 9. REPAIR AND MAINTENANCE 1. Lessor shall keep and maintain the motorcycle in good operating condition and working order. 1t shall be the duty of the Lessor to make all necessary repairs and replacements to the motorcycle, including but not be limited to tires, oil, lubricants and antifreeze required for the proper operation and/or protection of the motorcycle. The City agrees to provide for electrical repairs to the motorcycle if the Lessor is permanently assigned to the Motorcycle Division. 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 washed. 3. The City agrees to provide far the repair of a motorcycle which is damaged while being operated by Lessor in the performance of official police duties or during approved off-duty assignments. If the Corpus Christi Chief of Police or 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 such event, pay Lessor the value of said motorcycle as listed in the then current issue of the N.A.D.A. Motorcycle/ Snowmobile /ATV /Personal Watercraft Appraisal Guide. H:1LEG-D1R1DoyleDCurtislMYDOCS120031P&ZORD031Zoning. ordIDOYLEC120031Z010301.Fuentes.Ord.App&PC.doc Mary Vallejo -Motorcycle lease agreement.doc Page 4 -- ---------- -- - ----F._.___~ __~J Page 4 of 7 ARTICLE 10. RISK OF LOSS Lessor retains risk of loss of the motorcycle, including loss caused by theft of the motorcycle. ARTICLE 11. INSURANCE When the motorcycle is operated by Lessor in the performance of official police duties or in the performance of approved off-duty assignments, the self-insurance fund of the City shall provide coverage for property and casualty losses, general liability, auto liability, worker's compensation and other miscellaneous risks to the extent not covered by contractual insurance or other indemnification. 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 of the Corpus Christi Code of Ordinances. ARTICLE 13. TERMINATION 1. If the 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 he subject to the terms of this Agreement and approval by the Corpus Christi Chief of Police or his designee. 2. If the Corpus Christi Chief of Police or his designee determines that the motorcycle is so destroyed or damaged that it cannot economically 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 of this Agreement and approval by the Corpus Christi Chief of Police or his designee. 3. If the Lessor ceases to be employed as a police officer by the City of Corpus Christi, the agreement shall terminate immediately. 4. If the Lessor is no longer authorized 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. 5. The agreement 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 agreement. 7. Notwithstanding anything to the contrary herein, this agreement terminates automatically H:ILEG-D1R1DoyleDCuxtislMY1~OCS1200311'&ZORD031Zoning.ordlDDYLEC120031Z010301.Fuentes.Ord.A pp&PC.doc Mary Vallejo ~Motarcycle lease agreement.doc -- 1 . Page 5 of 7 and without notice on (a) an attempted assignment by Lessor of this agreement, or (b) an assignment by Lessor for the benefit of creditors. 8. Either party may terminate this Agreement by providing the other party with thirty (30) days advance written notice of termination. ARTICLE 14. GENERAL PROVISIONS 1. This instrument has been executed in duplicate original copies and constitutes 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 manner unless such amendment be signed by the City Manager (or his designee} and by Lessor. No forbearance to exercise any right or privilege under this Agreement or waiver of any breach of any of its terms shall 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 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 from 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 or at such other address as may have been furnished in writing for such purpose. For the City: Corpus Christi Police Department Attn: Police Chief Bryan P. Smith 32l John Sartain St. Carpus Christi, Texas 78401 .l For Lessor: ~ o r I ~o 7 4. Lessor shall notify the City immediately in writing of any charges or liens of any kind 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 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. 6. Any payments to be made by the City in accordance with the terms of this agreement ie 5 H:1LEG-DIRIDoyIeDCvrtislMYDOCS120031P&ZORD031Zoning,ordl~OYLEC120031Z010301.Fuen#es.C+rd.Agp&PC.doc Mary Vallejo -Motorcycle lease agreement.doc ~ _ ~_ f ____ _,__._~ ~_____ Page 6 of 7 shall be made from current revenues available io the City and any future payments shall be subject to appropriations. The parties recognize that the continuation of any contract after the close of any fiscal year of the City of Corpus Christi, which fiscal year ends on July 31 of each year, shall be subject to budget approval providing for ar covering such contract item as an expenditure in said budget. The City does not represent that said budget item will actually be adopted, said determination being within the sole discretion of the Corpus Christi City Council at the time of the adoption of a City budget. Agreed to by: THE CITY F CORPUS CHRISTI By: George oe, City~M~I~a~~ h By: iC~~7~®~`r Bryan P. Smith, Chief of Police Date: Armando Chapa, City Approved as to legal form this Assistant City Attorney for City Attorney ~~~~~ ~~~~ I-I;ILEG-bIRlDoyleDC~ctis1MYDOCS126031P8r.ZORD031Zoning.ordlDOYI.EC12003\"LO 10303 .Fuentes.Ord.App&PC.doc LESSOR By: ~ Name: ,,, c //b Date: 01- 3 a - D day of~""L ~ ~ 6 rage ~ ~ gory Vallejo -Motorcycle lease agreernent~doc ----- -_-- _--_ _- _-- ---------- ---------- ---- ------- 1 Page 7 0# 7 SCHEDULE A Attached to and made part of the Lease Agreement between the City of Corpus Christi and Description of Motorcycle Make: ~~ ~ Model: R II~D 27P VIN: ~wAra~,5~~4l3~c5v~~3 License Plate Number: .~ E-~ 3 ~ y H:ILEG-DIR1DoyleDCuriislMYT70CS120D311'&ZORD031Zaning.ordlDOYLEC120031Z010301. Fuentes.Crd.App&PC.doc