HomeMy WebLinkAboutC2010-287 - 8/27/2010 - NAL~A~1~ A~I[~li;lEl~b11EI~'T
This Lease Agreement {hereinafter z-eferred to as "the Agreement"} is made between the
Cit}% of Corpus Christi, a political subdivision of the State of Texas, (hereinafter referred to as
"the City") and ~ . v ~~ ~~. z ® ~ ~ , a police officer
employed by the City of Corpus Christi, (hereinafter referred to as "Lessor"), and
~1HI~1f~l~A~, the use of motorcycles by Corpus Christi Police Officers to perform official
law enforcement duties such as traffic enforcement and traff c control serves a governmental
purpose;
~11[lE;]RIEA~, the use of motorcycles by Corpus Christi Police Officers to provide funeral
escorts and other approved off dutt~ assignments also serves a governmental purpose;
~1111E1~}>i~'A~, Section 142.006 {b} of the Texas Local Crovernment Code requires that the
City provide for insuring each police officer in its errzploy against liability to third persons
arising out of the operation, maintenance, ox use of a motorcycle owned or leased by the
municipality;
~Hl~~)~A~9 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;
~~~
~)E1E>I~IEA~, the Texas legislature in Article 715 c of ~ernon's Texas Civil Statu es `
determined that it is irhperative that local governments have the authority to provide coverage ,:: i, ,,,
against any insurable ris~lc~at the lowest possible costs; ~"~'~`
~~'
~'>l~1EtJRlEA~, insurance coaxap~~~es are no longer providing liability insurance for
motorcycles when they are used for law enforcement purposes;
~k11~11~]EAS, the costs of obtaining liability insurance through the assigned risk pool are
prohibitive;
l~~~Y9 T'll3[IEI~IE~'®I{~, in consideration of the mutual covenants contained herein, the City
and Lessor agree as follows:
,~~`~'1{C~IE fl, 1~,1~A~1~ ®lli 1Q~~'1<'®~C~~LL~
Lessor agrees to lease to City, a.nd 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 zxzean those off-duty assignments which (i) serve a governmental purpose of
the City and (i.i) have been approved by the Corpus Christi Police Chief. or his designee.
2010-287
08/27/10
Hernandez, Eugene ~N~~~
s
A.n~~ additio~~s to or deletions 1-~-0~~1 Schedule A; v~~l~en agroed to by both parties,. ar any agz-e~d
~-ariatioz? in n~adels or t~,rpes of motorcycle., shall be evidenced by a supplement to this
agree.~~ent. This agreez;~ent az~d its supplezfi~ents thereto shall constitute the master lease
agreement.
~T~T1CC~~ ~~ Q~~~'I~>E~SL~~h Q~~' T~ii~~'~]~C~~CLIE~
This is an agreer.~~ent of lease only and may z7ot be construed as a contract far the sale of a
zxzotorcycle. City acla~owledges that Lessor is the owner of the motorcycle leased hereundez-.
Lessor shall provide the City with evidence of ownership.
if the Lessor is assigned full tune duties as a Corpus Christi Police Motorcycle Officer, the
City agrees to pay Lessor per mileage traveled in the performance of off cial duties, not to
exceed twelve hundred (1200) miles a month, the standard mileage reimbursement rate adopted
by the City in City policy F--1.0. The City shall z~~al£e 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 tl~e Corpus Christi Chief of Police or his designee to perform
approved off duty motorcycle assignments, t17e City agrees to rrzalce lease payments of $1.00 (one
dollar) to Lessor which shall be payable each tune the lease is renewed.
~~'1C11C~1~ 4e '1['lEli~I~
The term of this agreement shall be for a term of one year, commencing on the date the
agreement is executed by the City Tvlanager ar his designee. Unless terminated as herein
provided, the Agreetl~ent shall be automatically renewed for one year periods.:'
Al~'li'gClt..]~ ~e ®l~>El~'pll~l~7 ~1F' M~T~I~C~~L~~
1. If the Lessor is assigned pez7nanently 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 nay operate the motorcycle in the
performance of approved off-duty police assignments.
2. 1=.essor shall not permit the motorcycle to be used in violation of any federal, state or
municipal statutes, laws, ordinances, rules or regulations.
3. I.,essor 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
alI reasonable times, and the Lessor shall cooperate fully to facilitate such inspections.
Page 3 of ~
5. Lessor sha11 not allow any other person to use the motorcycle in the performance of
official palice duties or in the performance of approved off-duty assignments. l-n other wards,
the pai-ties agree that the only person who will use the motorcycle in the performance ofpolice
duties or in the performance of approved off-duty assignments is the Lessor.
Ak~7I'~cCLI11 ~a ~11J1~S'>I'~'ll'NT'~~.~I ®IF 1~~T~I[~~`~YcCIC,lES
Lessor shall have the right to substitute for any motorcycle under lease a motorcycle of
camparahle type and condition, subject to approval by Corpus Christi Chief of Police or his
designee,
1`1L~~~~L.!L !e ~T~A~9 ~®4~.J1~'~IL ~1`tl .l~U ~.llA A A'~IG~~~lll~l-S~TJ1®1V A1V~ LI[~i_.~1~~1L'
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.
~ll~T11~L~ ~, `Il~AX~~
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 on or in connection with
the motorcycle, or on the lease, use, ownership or possession thereof pursuant to this Agreement.
~}I~T~~LIE ~a 11~1E1~~~~ ~lV~ M~41I?~1TlEl~~~l~'~
1. Lessor shall keep and maintain the motorcycle in good operating condition and working
order. It shall be the duty of the Lessar 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 aperatian 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 anal lubricants at the proper level. Lessor further agrees to keep said motorcycle
properly stored and washed.
3. The City agrees to provide for 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
rotorcycle 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.I~,A. Motorcycle/ Snowmobile /ATV /personal
Watercraft appraisal Guide,
~a~c- 4 ofi 7
A.]I~TI CL1N' I ff e l~lr~~ C~.Er~ LC-~SS
Lesso3° retai~~s risk of loss of the inotarcyclez including loss caused by theft of the motorcycle.
A.l~:~'1iCLI>J I ~ ~ IINSt~T}I~,AI~iC~1J
1lifhen the motorcycle is operated by Lessor in tlxe perforn-~ance of official police duties or i.n
the performance of approved off-duty assignments, the self-insurance fund of the City shall
pz-ovide coverage for propert}r and casualty losses, general liability, auto liability, warlcer's
compensation and other zxxiscellazxeous risks to the extent not covered b}! contractual insurance or
other inden~nifzcation.
AIk~'fT~CLII; ~~o dl~llC-1~]~l~l~>~'1<~`A'1<'lI®N
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-I6 of the Corpus Christi Code of Qz-dinances.
A~'la'~CLI~ tl.~e TE~1~~~~~II~N
I . if the motorcycle is stolezx, the Agreement shall terminate. l~totwithstanding the previous
~rovisiorz; the Lessor reserves the option to offer a replacement or substitute motorcycle which
motorcycle sha11 be subject to the terms of this Agreement and approval by the Corpus Christi
Chief of Police or lxis designee.
~. 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
terns of this I-~greezxzent 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 irrxmediately.
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 assignrrrerrts, the agreement
shall terminate immediately.
5. The agreement may terminate upon the mutual agreement of the parties.
b. 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
and without notice on (a} an attempted assignzxxexrt by Lessor of this agreezxrent, or (b) an
assignment by Lessor for the benefit of creditors.
8. ~itl2er par'4y zxzay ter~zinate t~gis ~greerner*=t by providing the other party with thirty {30)
days advance writtezl notice of termination.
A>l~'~'~cC'L1E ~.4e ~>~N1E}~A1L ~1~®~'1i~11~i~i~
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 1Vlanager. This agreement cannot be amended or
altered in any manner unless such amendment be signed. by the City 1Vlanager {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 terz~zs, rights ar
privileges, but the sarrze shall continue and remain in fu11 farce and effect the same as if no such
forbearance ar v~raiver had occuz-red.
2. Neither this Agreement nor any interest herein may be assigned by eithex party. Nothing
contained in this instrument shall be deemed to prevent the Lessor fron:z 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 propose.
T'or the City: Corpus Christi Police Department
Attn: Police Chief
321 .lohn Sartain St.
Corpus Christi, Texas 78401
for Lessor:
552 +Qu~~~51J'o~au~~h c~rze[~
4. Lessor shall notify the City immediately in writing of any charges or liens of any kind
whatsoever unposed upon the motorcycle.
~. 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 xemain valid and enforceable.
6. Any payments to be made by the City in accordance with the terms of this agreement
shall be made froze current revenues available to 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 fiscai year of the City of Corpus Christi, which fiscal year ends on July 31 of each
` ~~o~ C ol= 7'
.'ear, shall tie subject to i7~aclget app~-a~ of proti~idi~.g far cr c,c}~~es-ing suc11 co~~tract. itei~l as a~~
exl~e~;dittn•e iF~ said budget. ~ 11e City does ~IO'i rcl~~•esertlt that said. budget item ~~~ill actuall~-• be
adol~tea, said deter~~~i~~atiaz~ bei~~g ~~~ithin the sole discretion of tl-~e Carpus Christi City ~ouz~cil at
tl;e tune of tl?e adaptioz, of a. City budget.
Agreed to by:
L. 1C]l1G ~11 ~T ~~1~ ~~11~1~u1~ ~.L'.1.i.R~~~~A
~} l
S_3y: ~~ /i~t/
`A~~ R. Esc bar, City l~~arzager
II~ate: -~~.~.~ y -
13 y : .__.
Troy' zggs, Cl~i of Police
I>ate:_~~
~~~~~~
~~; ~ X315
1Vaz~ne: G, { ~ ~,fz
~~~~
Attest by:
13y: ~ I~~
Arnlanda Chapa, City Secretary
Appra~~ed as to legal faun this ~ ~ day of ~'``-(~ , ~ ~~ .
Lisa Aguilar
Assistant City Attorney
for City Attarne3'
.,
~~~rlllE>ID~7]"U1~ l-~
attached to and made part of the Lease ~.greerrient
between the City of Corpus Christi and
Description of Motorcycle
Make: ~t~n v~
Model: ~-1; ~D ~ 7
Vll~l: vrl~ir~~#~q~ DSL.E.~.~ ZZ~
gage 7 ofi 7
License T'late ~Tli~x~ber: ~Ct~ 31 ~a