The URL can be used to link to this page

Home My WebLink AboutC2010-450 - 11/17/2010 - NA~, s LL-'+ A~lE A`~~IE~L~'ll?I1'fllf;l~'1[' This Lease Agreement {hereinafter referred to as "the Agreement") is made between the City of Corpus C isti apolitical subdivision of the State of Texas, {hereinafter referred to as "the City"} and ` ~ , a police officer employed by the City of Corpus Christi, (hereinafter referred to as "Lessor"), and W1HC~lE$IEAS, 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; W11CC~~IEAS, the use of motorcycles by Corpus Christi Police Officers to provide funeral escorts and other approved off-duty assignments also serves a governmental purpose; ~1l~l~i~~A~, Section 112.006 (b) of the Texas Local Government Code requires that the City provide for insuring each police officer in its employ against liability to third persons arising out ofthe operation, maintenance, or use of a motorcycle owned or leased by the txaunicipality; ~>l~~l~iFA~, 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; W&1~Il~lEA~, the Texas legislature in Article 71S c of Vei-~~on'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; ~~~Il~ll{a.~~, insurance companies are no longer providing liability insurance for i~notoxcycles when they are used for law enforcement purposes; W>I~~RIEA~, the costs of obtaining liability insurance through the assigned risk pool are prohibitive; I~lGW9 '1'IEf~~1F~&~, in consideration of the mutual covenants contained herein, the City and Lessor agree as follows: A~'1<'1[~LIE lla LIEA~IE ®~ l~~T®>E~~~C11.,11J~ 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 terns `"approved off-dLaty assignments" shall mean those ofF duty assignar~ents which (i) serve a governmental purpose of the City and (ii) have been approved by the Corpus Christi 'Police Chief or his designee. 2010-450 11/17/10 Trevino, Arturo ~~~~~~~ ~ag~ 2 0l 7 .Anv adaitians to or deietians fro~~z Schedule 1~, wheel agreed to by both parties.. or any agreed °ariatio~~ i~l models ar types of motorcycle„ shall be evide~~ced by a supplement to this ag~-eeznent. This agreement az~d its supplements thereto shall constitute the master- lease agreement. ~~T1~CLII; ~~ ~T~i~v'1~1~~~1~I~' a~f~ T1~®'~'~t~C~`~CILI~S This is air agreement of lease only and ma}r not be construed as a contract for the sale of a zxaotorcycle. City acl~r-zowledges that Lessor is the owner of the Y77otorcycle leased hereunder. Lessoi° shall provide the City with evidence of ownership. ~1~TlICILI~ ~a )L~~~E JE~~~'MI)El'`T'>l'~ if the Lessor is assigned full time duties as a Corpus Christi Police Motorcycle Cfhcer, the City agrees to pay Lessor per mileage traveled in the performance of official duties, not to exceed twelve hundred (1200) miles a month, the standard mileage reimbursement rate adapted by the City in City Policy P_-1.0. The City shall make such payment monthly to Lessor. if the Lessor is not assigned full time duties as a Corpus Christi Police 1V~otorcycle Officer, but has been authorized by t13e Corpus Christi Chief of Police or his designee to perform approved off duty motorcycle assignments, the. City agrees to make lease payments of $1.00 (ane dollar) to Lessor which shall be payable each time the lease is renewed. ~L~'ll'>1CLllJ ~a ~EIE~M[ The term of this ~greernent shall be for a teraxa of one year, commencing on the date the agreement is executed by the City 1Vlanager or his designee. Unless terminated as herein provided, the ~gzeeinerit sha11 be automatically renewed far one year periods`'. ~l~'ll'IiCL»~ ~e ®P~IE~'1<'1{®l~i ®>l~ I~'lt®'.11'®1l~C~ICLIIr;~ 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 operate the motorcycle in the performance of approved off-duty police assignxents. 2. Lessor shall not permit the motorcycle to be used in violation of any federal, state or n-zunicipal 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. ~, gage 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 ofd=duty assignments. In other words, the parties agree that the only person who will use the xnotorc~jcle in the performance of police duties or in the performance of approved off-duty assignr-nents is the Lessor. A11~'ll'~~'11,.11iJ ~a ~~JJ~~7ff~'>U'lTl[c~I~ ®~'M[~'>I'~.~~'~'CL1E~ Lessor shall 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 or his designee. A~ ll 1L C.ILi.~ ! , ~~tli ll ~g C®4Ui~1 1L lC ~,l l1Ly ~~L A ll ~IG ~~s.y ll A~til~~®I~Y Ali ll.Y H-+1L ~1C.r1'G ~y~~ 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 tlxe term of this Agreement by any governmental authority. All~TfCLIE ~e 'll'A~ili~~ Lessor shall pay and bear all federal, state axrd local sales, use, excise, personal property and othex 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. AJ~~I'lICL1E ~e l~lE/I~AiIR Al~~ l~A~?~'lI'IEI~TAI~ICI{<; 1. Lessor shall keep and maintain the motorcycle in good operating condition and working order. It shall be the duty of the Lessor to make all necessary repairs arzd replacements to the motorcycle, including but not be Iixnited to tires, ail, 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 T~ivision. 2. Lessor agrees to provide all gasoline necessary to operate said nxotorcycle and to maintain all oils and lubricants at the proper level. Lessor further agrees to keep said motorcycle pxoperiy 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 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.I~.A. Motorcycle/ Snowmobile /ATV /Persona] Watercraft Appraisal wide. €~~~E ~ al 7 A-~T1C1L~ ~ d~ l~)=~1~ O~l~'L~J,~S~ Lessor retains risk of Ions of the znotorcyele, including loss caused by theft of tl~e motorcycle. ~.ll~;`f'I1CL:Ilt, I ~ 0 1!Tv ~ tJR'~1~~~ ~it~hen tl~e motorcycle is operated by Lessor in the performance of official police duties or in the perfoi°anance of approved off-duty assignments, the self-insurance fund of the City shall provide covez-age for pz°opez-ty and casualt}J losses, general liability, auto liabilit}f, vdorl<er's compensation and other z~ziscellaz~eous risks to the extent not covered by contractual insurance or other indemnification. ~'ll'Z~L}~ 11 ~o Ixl\1~11;i~N~1FIC~'>>lO~ ~~Ihen the motorcycle is operated by Lessor irz 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. ~~T~~Ll~ ~~o ~lE1l~l~I111~1~'ll'iION 1. If the motorcycle is stolen, the .A~greeinent shall terminate. Notwithstandingthe 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. ?. 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 terrinate. Notwithstanding the previous provision, the Lessor reserves the option to offer a replacement or substitute motorcycle which rrzotorcycle 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 immediatel}l. 4. if the Lessor is xio longer authorized to operate the motorcycle in the performance of ofhcial police duties or in the performance of approved off duty assignments, the agreement shall terminate iznznediately. 5. The agreement may terminate upon the mutual agreement of the parties. 6. A defauh 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 assignment by Lessor of this agreement, or (b} an assignment by Lessor for the benefit of creditors. h'~g~ 5 or `~ 8. Either party may terrrlinate this Agreerllent by providing the ot)42ez, patty with thirty ~3~) days advarzCe wrlttel~ notice of tern1111at1GI1. ~1E3'1<'lIC1LlE 1140 ~11JI~YlEll~AH, >~]l~®~I[~}l®I~I~ 1. This instru.mezlt has been executed in duplicate original copies and constitutes the entire agreement between the parties hereto. This agreezxzent 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 desigl-1ee) and by Lessor. No forbearance to exercise any right or privilege under this Agreement or waiver o.f 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 occurredo 2. Neither tills Agreement nor any interest herein may be assigned by either party. Nothing contained in this instrurrzent shall be deemed to prevent the Lessor from pledging his interest ira 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 321 John Sartain St. Corpus Christi, Texas 7801 For Lessor: -~-~~th ~ \ t` ~ i ~ ~ ~~~~ 4. Lessor shall notify the City immediately in writing of any charges or liens of any kind whatsoever irrlposed upon the rrzotorcycle. 5, This agreement shall be interpreted under and governed by the Iaws 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 terrr3s of this agreement shall be made from 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 fiscal year of the City of Corpus Christi, which fiscal year ends on 3uly 31 of each i P~g~ ~ ~}~ `nar, shall be subject to budget approval providi~.g for c;r cotrering such contract item as a~~ e>;}7e~~ciiture. i~1 saki budget.. T}~e City dee,s ~~at ~-e}~rese~~t chat said budget itez~~ will ac;tua}ly be adapted, said detei°n~,i~~ation beir;g r~,Tithin the sole disci°etian of tl~e Coy°pEis Christi City Council at t.l,e ti~r,e of the ad.opt.io~~ at^ a. City budget. Agreed to by: ~'~lE C~~'~1' ~~fi+' ~~~~~lS ~L~I~~~T'll f ~y~ `Ang R. Escobar, City IVlanager Bate: 1/~7~/~ ~lE~~®]l~ 1Vazne: ~ u .bate: /l1_2z-:f~ ~Y~ - ~~----~._. ~z°oy Riggs, Chef f ~~olice Bate:. - IO ~r~''~ lO Attest by: ~}r: Armando Chapa, City Secretary Approved as to legal form this ~ ~ day of ~~~' , Sy: ~-~ Lisa Aguilar Assistant City Attorney for City Attorney >~{~ ~, ~~CIHI]E~~1]11IE ~ ~ttaclied to and made part of the Lease ~lgreernent between the City of Corpus Christi and Description of Nlotorc_ycle 4~fl~~~d~ !V ~ ~C~ 4 v Make: IViod.el. ~/J Q ~1, C /~ VIN: ~~~~ ~~I l•~ ~/f ~/ ~ `~~ ~D License elate I~urril~er: ~c~.~ +~ Q9 "' ~. i r `~~~ Page 7 of 7