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Home My WebLink AboutC2009-280 - 7/28/2009 - NALEASE A~1~~~EN'T~ This Lease Agreement {hereina~er referred to as "the Agreement"} .is rrlade betv~een the City of Corpus Christ, a political subdivi~on of the State of Texas, ~hern~er referred to a~ ., "the City"~ and ~ , ~a police officer ei~played by~ the City of Corpus Christi, {herei~after'referred to as "Lessor"}, and .~~. r H~~EA, the use of motorcycles by Corpus Christi Police Officers to perform af~cial lay enforcerrzent duties such as traffic enfarcement and traff c control serves a governmental purpose; H~A, the use of motorcycles ~y Corpus Cl~xisti Police Officers to pravide funeral escorts and other approved aff duty assignments also serves a governmental purpose; WHEREAS, section 14~,00~ {b} of the Texas Local Government Carla requires that the City provide for insuring each police affcer iri its employ against liability to third persons arising out of the operation, maintenance, or use of a motorcycle av~ned ar leased by the municipality; HE~tEAS, Section 1~4~,a~6 {d} of the Texas Local ~Overnment Carla provides that the City nay Cleft to be self insured ar to reimburse the actual Cast of extended autorriabile liability insurance endorsements obtained by a police officer an an individually awned automobile llabtllt~r Insurance policy; THERE ±, the Texas legislature in Article ? 15 c of ~ernan's Texas Clvil Statutes .. determined th ~ t it is in~perati~e that local governments have the authority to provide coverage against any in arable risk at the lowest passible casts; r HEMS, il~surance cainpanies are no longer pra~iding liability insurance for motorcycles v~hen they are used far lam enforcement purposes; . ~IE~.EAS, the costs of obtaining liability insurance through the assigned ris1~ goal are ti. prohibitive; NC], THEREFORE, in consideration ofthe mutual covenants contained herein, the City and Lessor agree as fallo~vs: A~RT~LE 1, LEASE OF 1VI~T~R~LES . Lessor agrees to lease to City and City agrees to lease from Lessor, the motorcycle specified in chedule A attached hereto. When used in this Agreerrzent, the tei "rriotarcycle" shall rrlen a rnotarCycle leased hereunder. When used in this Agreement, the term "approved aff duty assignments" shall mean thane aff-duty assignments v~hich {i} serve a gavCrnmental purpose of the City and {I1}have been approved by the Corpus Christi Pallce Chief or his designee. ~4~9-~~~ 071~81~9 Si~rnon~, Da~ieZ P. Page ~ ~~~ Any add~ttons to ar deletlons from schedule A, when agreed to ~~ both parties, or any agreed variation in models or types ofrriotorcycleashall beevidenced by asupplement to this agreement. This agreement and its supplements thereto shall constitute the master lease agreement. ARTICLE wN~R~I~P ~~ 1V~~T~~~LE This is an agreerr~ent of lease only and rriay not be construed as a contract far the sale of a motorcycle, pity acknowledges that Lessor is the owner of the motorcycle leased hereunder, Lessor shall provide the City with evidence of Ownership. ARTYLE 3. LEASE ~~YMENT ~~ the Lessor is asslgned full t~rne dunes ~~ ~ corpus hristl Pollce Motorcycle ~fhcer, the pity agrees to pay Lessor per mileage traveled in the performance of official duties, not to exceed twelve hundred ~]~~~~ miles a month, the standard mileage reirrzbursement rate adopted by the pity in pity Polio F--I,O. The pity shall Make such payment Monthly to Lessor, If the Lessor is not assigned full tune duties as a corpus Christi Police Motorcycle officer, but has been authorized by the corpus Christi thief of Police or his designee to perform approved off duty motorcycle assignments} the pity agrees to make lease payments of 1,00 done dollar} to Lessor which shall be payable each time the lease is renewed, ARTYLE ~. TERII~ The term of this Agreerraent shall be for a term of one year, commencing on the date the agreerr~ent is executed by the pity Manager or his designee. Unless terminated as herein provided, the A~greerr~ent shall be automatically renewed f or one year periods, ART`ILE 5, ~~E~ATIDI~ ~~ 1VI~'~~RY~LE 1. If the Lesser i 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 operate the motorcycle in the performance of approved off duty police assignments. ~, Lessor shall not permit the motorcycle to be used ire violation of any federal, state or municipal statutes, laws, ordinances, rules or regulations. 3. Lessor shall notify the pity imrr~ediately of any and all accidents involving the motorcycle. such notice shall be b~ telephone and in writing and shall include full details of the accident and the names and addresses of all parties and witnesses. 4. The pity may inspect the motorcycle, upon the pity's premises or elsewhere at any and all reasonable times, and the Lessor shall cooperate fully to facilitate such Inspections. , Page 3 ~f T . Lessor shall riot allow any other person to use the motorcycle in the performance of official police duties ar in the performance of approved off duty assignents, 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 ~. UBT~TUTI~N ~F 11~~TI~R~CLE Lessor sha11 have the right to substitute for any motorcycle under lease a motorcycle of comparable type and condition, subject to approval by Corpus Christi Chief of Police ar his . eslgnee. ARTICLE 7, STATE, C~UNT'Y AND CITY REIxITRAT~~N AND L~CENE Lessor shall accomplish the titling, registration and licensing in the State of Texas of motorcycle in Lessor's name. Lessor shall accorrlplish and pay for any inspections of the rrlatorcycle required during the term afthis Agreement by any governmental authority ARTICLE 8, TAKES 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 unposed an or in connection with the motorcycle, ar on the lease, use, ownership or possession thereof pursuant to this Agreement. ARTICLE 9, REPAYR AND N~A~NTENANCE 1. Lessor shall keep and maintain the Motorcycle in goad operating condition and working artier. It shall be the duty of the Lessor to make all necessary repairs and replacements to the motorcycle, including but not be limited to tires, all, lubricants and antifreeze required for the proper operation andlar protection of the motorcycle. 'The City agrees to provide for electrical repairs to the motorcycle if the Lessor is permanently assigned to the Motorcycle D~visian, ~~ Lessor agrees to pro~ride all gasoline necessary to operate said motorcycle and to maintain all ails and lubricants at the proper level Lessor further agrees to keep said motorcycle properly stored and washed. T'he City agrees to provide for the repair of a rriatorcycle which i damaged while being operated by Lessor in the performance of official pollce 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 artier, then the City shall, as soon as practicable aver such event, pay Lessor the value of said motorcycle as listed in the then current issue o~ the IV.A.D.A.1Vlotorcyclel Snowmobile I.ATV IPersonal watercraft Appraisal guide. Page 4 of 7 A~TICL~ 1~, RII~ OF I~I~ Lessor retains risk of lass of the motorcycle, including lass cawed by they of the motorcycle. ARTICLE 11. II~URAN when the n~atarcycle is aperated by Lessor in the performance of official police duties ar in the perfarrnance of approved off duty assignments, the self=insurance find of the City shall provide coverage far property and casualty losses, general liability, auto liability, ~rorker's compensation and other miscellaneous risks to the extent not covered by contractual insurance or other indemnification. ARTII~LE 1~, I~iD~MNIF'IATI~~ When the rrzatarcycle is aperated by Lessor in the performance of official palice duties or in the performance of approved affduty assignments, the City shall inderr~nify Lessor as provided in section 39# 1 ~ of the Corpus Christi Cade of ~rdinances~ ARTICLE 1. TERYN~ATION ~ . If the motorcycle is stolen, the Agreement sha11 terrninatei Natwithstandingtbe previous provision, the Lessor reserves the option to offer a replacement or substitute motorcycle which motorcycle shall be subject to the terms ofthis Agreement and approval by the Carpus Christi Chiefafpalice or his designee. ~, If the Corpus Christi Chef of Palace ar hls designee determines that the rnatarcycle 1s so destroyed or darrige that it cannot ecanan~ically be placed in good working artier, this Agreement shall terminate, Notwithstanding the previous provision, the Lessor reserves the option to offer a replacenrzent or substitute rriatarcycle which motorcycle shall be sub j eet to the terms of this Agreement and approval by the Corpus Christi Chief of police or his designee, If the Lessor ceases to be employed as a police officer by the City of Carpus Christi, the agreement shall terminate immediately. 4, If the Lessor is no longer authorized to operate the motorcycle in the performance of official palice duties ar in the performance of approved off duty assignments, the agreement shall terminate irnrnediately, 5 F ~'he agreement may terminate upon the Mutual agreement of the parties. ~, A default by Lessor with respect to any of the responsibilities outlined in this agreerrzent shall terminate the agreement, ~. Notwithstanding anything to the contrary herein, this agreement terminates autorrfatically and without notice on ~a} an attempted assignment by Lessor ofthis agreement, ar fib} an assignment by Lessor far the benefit of creditors, Page 5 of 7 $, dither party may terminate this Agreement by pro~r~d~ng the other party v~~th thirty X30} days advance v~ritte~ notice of termination, ARTICLE 14. GENERAL PI~~~I~~N l . This instrument has been executed in duplicate original copies apd constitutes the entire agreement bet~reep the parties hereto, This agreerrzent shall not be effective until authari~ed by the City Council and executed by the City Manager. This agreement cannot he amended or altered in any manner unless such amendment be signed by the City Manager for his designee} and by Lessor, Na forbearance to exercise any right ar privilege under this .Agreement ar v~aiver of any breach of any of its terms shall be construed as a ~raiver of any such terms, rights ar privileges, but the same shall coptinue and remain In full force and effect the same as if no such forbearance or waiver had occurred. ~. Neither this Agreement nor any interest herein pray be assigned by either party. Nothing captained in this instrument shall be deemed to prevept the Lessor frap~ pledging his interest in said motorcycle to secure financing far the purpose of said motorcycle. 3, Any native given by ape party to the other under this Agreement shall be givep in v~riting at the address of the other party as set out below ar at such other address as rriay have been furnished in ritipg far such purpose, Far the City. Corpus Christi Police Department Attp: Palice Chief 3~1 Johp Sartain fit, Carpus Christi, Texas 7$401 Far Lessor; 4. Lessar shall notify the C1ty immediately lIl ~vritipg of any charges or liens of any kind whatsoever imposed upon the motorcycle. . This agreement shall be interpreted under and governed by the laves of Texas If any provisions hereof ar the applicatiap of any provisiaps to any person or circumstances is held invalid or unenforceable, the remainder hereof and the pplicatlop of such provision to other persons ar circumstances shall remain valid and enforceable. ~. Any payments to be made by the City in accordance lth the terms of this agreerr~ent shall be made Ervin current revenues available to the City and any future payments shall be subject to appropriations, The parties recognize that the captinuation of any contract after the close of any fiscal year of the fty of Carpus Christi, which fiscal year ends ap July ~ 1 of each Pae~of7 year, shall be subs eet to buffet a~prova~ pro~idin for or covering s~c~ contract iterr~ as an expenditure In sold budget. 'J'he pity does not represent that said budget item v~ill actually be adapted, sold determination belly v~lth~n the sale d~scretlon ~~ the corpus ~hrlst~ 1ty ~OUI1Cll ~t the time of the adoption of a pity budget. Agreed to by. '~~~ ~~~ ~F RPM ~~~~~ ~. `Ang s obar fit Nranager Date: LASS ~f Y i y J i Name: Any' !~ . ~ r~o~ Date: B y: . J. Walsh Aeting lief of Police Date Attest by: By: Armando Chapa, City Secretary Approved as to legal form this ~_ day o ~~' ~ . ~y, ~ Lisa Aguitar Assistant pity Attorney for pity Attorney ~g ~ of ~ ~I~~DUL~ A Attached to aid made part ~f the ,ease A~reemen~ between the its ~f Corpus Christi and Decrip~ion of 1V~otorc~e~e Made; o~JA~ Model: ~q~?~e ~~,,~u,~,~~ VIN: ~ ~FSCI~J~G~R2o~1L~ License Plate Number: ,3~~rZ.~}~