HomeMy WebLinkAboutC2010-530 - 12/23/2010 - NA-. ~~
1C,l1JA~]E A~IEg11;lEI~(I~N71'
This i ease Agreement (hereinaftex referred to as "the Agreement") is ~-nade between the
City of Corpus Christi, a political subdivision ~ e State of Texas, (hereinafter referred to as
"the City") and G r••C ..f' ti- ~~ .lam , a police officer
employed by the City of Corpus Christi, (hereinafter referred to as "Lessor"), and
W>El{~ll~lE~~, the use of motorcycles by Corpus Christi Police Offcers to perform official
law enforcement duties such as traffrc enforcement and traffic control serves a governmental
puxpase;
W>l~il~]f~IEAS, the use of motorcycles by Corpus Christi Police Officers to provide funeral
escorts anal other approved off duty assignments also serves a governmental purpose;
~]H[~1~111A~, Section 142.006 (b) of the Texas Local Crovernment Code requires that the
City provide for insuring each police officer in its employ against liability to third persons
arising out of the operation, maintenance, or use of a rr~otorcycle owned or leased by the
municipality;
WIl-1~Ag~~S, Section 142,006 {d} of the Texas Local Government Code provides that the
City may elect to be selfinsured or to reimburse the actual cost of extended automabile liability
insurance endorsements obtained by a police officer on an individually owned automobile
liability insurance policy;
W~l~k~lEA~; the Texas legislature in Article 715 c of Vernon's Texas Civil Statutes
determined that it is imperative that local govenrments have the authority to provide coverage
against any insurable risl< at the lowest possible costs;
W>1~~1~1~A~, insurance companies are no longer providing liability insurance for
motorcycles when they are used for law enforcement purposes;
Wll~[IE>l~~A~, the costs of obtaining liability insurance through the assigned risk pool are
prohibitive;
I~l®~'9 'll'lll[lE~l~l~`®~, in consideration of the mutual covenants contained herein, the City
anal Lessor agree as follows:
All~'~'11~C1JIE Ae ILIEA~~ ®~' 1~~'1<'®A~~~CIIJIE~
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 S`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.
2010-530
12/23/10
Goodman, Michael S. ~iR~~y~~
r,'
P~a~ 2 of 7
Anv additions ~o or deletions f.?-a~n Schedule A, wl;en agreed to b}~ boil; parties,. or an} agreed
~°a~-iatio~~ i;; models or types of ~;;otorcr~cle, shall be e~-ide~;ced b~-° a supplen;ent to this
agree~;;e~;t. This agz-ee~;~ez;t a~;d its sul~pletne-nts ihoreto shall constitute the;naster le~~se
agreement.
AIf~T1iCL~ ~~ Q~~~~w~i~~~~~~~Ip ~I>•' I~~Q>'~'~L-~C~YC1L,1~~~
This is an agreement of lease oz;ly and nay not be construed as a contract for the sale of a
motorcycle. City acl~~o~vledges that Lessor is the owner of the motorcycle leased hereunder.
Lessor shall provide the City with evidence of ownership.
~I[~'1?'ACILI~ ~a L~~~J1;1F'~~I~fl]ET~T~
if the Lessor is assigned full time duties as a C'ozpus Christi Police N[otorcycle Officer-, the
City agrees to pay Lessor per n;.ileage irave]ed in the performance of official 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 make such payment monthly to Lessor.
if the Lessor is not assigned full. time duties as a Coz-pus Christi Police lVlotorcycle Officer,
but has beet; authorized by the Carpus Christi Chief of Police or his designee to perform
approved off duty motorcycle assignments, the City agrees to make lease payments of $1.00 (one
dollar) to Lessor which shall be. payable each tin-ze the lease is renewed.
~~'>1'llC'll~~ 40 '>['11;1~1~1[
The term of this I~greement shall be for a term of one year, commencing ors the date the
agreement is executed by the City 1Vlanager or his designee. Unless terminated as herein
provided, the Agreei~nent shall be automatically renewed for one year periods.;
~>I~Z'gcCJi,IE ~a ®PIIJIE~'IC~~N ®~ 1M[®'1['®1~C`~'~L1~S
1. if the Lessor is assigned pez~xzanently as a full time motorcycle officer for the Corpus
Christi Police Department, then the parties agree that Lessor shall operate the motorcycle in the
performance of official duties. The parties agree that Lessor may operate the motorcycle in the
performance of approved off-duty police assignments.
2. Lessor shall not permit the motorcycle to be used in violation of any federal, state or
n-~unicipal statutes, laws, ordinances, rules or regulations.
3. Lessor shall notify the City immediately of any and all accidents involving the
motorcycle. Such notice shall be by telephone and in writing and shall include full details of the
accident and the naanes and addresses of all.parties and witnesses,
4. The City znay inspect the motorcycle, upon the City's premises or elsewhere at any and
all reasonable times, and the Lessor shall cooperate fully to facilitate such inspections.
gage 3 of r
' S. Lessor shall not allow any other person to use the motorcycle in the performance of
official police duties oz- in the perfozanance of approved off-duty assignments. In other words,
the parties agree that the only person who will use the motorcycle in the performance of police
duties or in the performance of approved ofd duty assignments is the Lessor.
A71$`li'fC1L1E ~a ~ilJl~~'I[']l~~J'11'lTc~l\`l ®1F 10'11®7l'®ll~C~'C'LI~~
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.
.C~l IL~l }L ~~1. ~,IG ! o ~J`~~ k.t~9 ~®LLJ1`G~~T ~1'~1~ ~~L ll 1I ~1~`S~~~T~~~A®1~ ~.L ~'~ ~t-.r1L ~L., 1P .L ~Y~~~l`
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 tl~e
motorcycle required during the term of this Agreement by any governmental authority.
~1~~'gCLIE ~o T~~1>a;~
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 Iease, use, ownership or possession thereof pursuant to this Agreement.
A~'7I'11{C1I..,)1? ~e ll~1~l~Al{li~ ~~~ IO~AICI~'~'11;~7~I~~'ll~,
1, Lessor shall keep and maintain the motorcycle in good operating condition and working
order. It shall be the duty of the Lessor to ~xzake all necessary repairs and replacements to the
motorcycle, including but not be limited to tires, oil, lubricants and antifreeze required fox the
proper operation and/or protection of the motorcycle. T'he City agrees to provide for electrical
repairs to the motorcycle if the Lessor is permanently assigned to the IVlotoz°cycle Bivision.
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 for the repair of a motorcycle which is damaged while being
operated by Lessor in the performance of official police duties ox during approved ofd=duty
assignments. Tf tl~e Corpus Christi Chief of Police or his designee determines that the
aotorcycle 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 wide,
f~a~:c- 4 of 7
Lessor reiai;~s risk of lass of the 3otorcycle, including lass caused by theft of the znotorcycie.
A.IIl~;T1;~:L:~ i<l~ ll~'~Cl~A?~C~
~~lhen tl~e motorcycle is operated by Lessor in the performance of official police duties or in
the perfor~~~aa~ce of approved off-duty assigrunents, the self-insurance fund of the City shall
provide coverage for property and casualt~r losses, general liability, auto liability, worker's
compensation a~7d other miscellaneous risks to the extent not covered by contractual insurance or
other indemnification.
~`f~~'Lrl( t ~o pN~~]~N1I~'>ICAT~~N
When the motorcycle is operated by Lessor in the performance of official. police duties or in
floe performance of approved off-duty assignments, the City shall indemnify Lessor as provided
in ~ectiozl 39-16 of the Corpus Christi Code of Ordinances.
ART~CLL+ 1)~a T1E~I~IINAB'Il~ii~
l . If the motorcycle is stolen,' the Agreezxzent 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 ~4greement 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 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 izxzmediately.
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 agreea~n.ent.
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.
~~c~E ~ oY
8. i,ither party nay terminate this ~~greemer°rt l;y providing the other panty with thirty {3rJ)
days advance written notice of termination,
~11~7['IICLI~ ll~a ~lEl~]~ll~IC, i~ll~®~l[~lI®1~~
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 IVlanager {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 waivex 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 paz-ty. Nothing
contained in this instrument shall be deemed to prevent the Lessor froxn pledging his interest in
said motorcycle to secure financing for the purpose of said motorcycle.
3. .A.ny notice given by one party to the other under this ~? greement 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 Cil:y: Corpus Christi Police I]epartment
Attn: Police Chief
321 Sohn Sartain St.
Corpus Christi, Texas 78~Q1
For Lessor: ~°~~s~
r
,,,~1c~~r~ J~~~%r ~~ fir'
~~.~ ..j vier-~ ~'/5~ ~-iJ~'!'~/ ~'%'
4. Lessor shall notify the City immediately in writing of any t;harges 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 texrr~s of this agreement
shall be made from cuA-rent 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 July 31 of each
i~ao~ G of 7
`°ea~-, shall be su~jeet to ~uciget ap~~~-o~,al ~ra~~iding for or coveriz~a such contract ite~~~ as a~~
expenditu~-c i~~ said l}udget The City doers plot rej~~°esezzt that said bn.dget ite~~~ r%~~iil actu.all}~ be
ado~~te.d; said det.er,~:i~~atian t~eirig ~~,itlZin tl~e sofa discretion. of tl~e Ca~-pris Christi Cit}l Council at
e3,e tiz-ne of tl,e ado~tio5~ of a. City budget.
Agreed to by:
'1;'1~IlE C~T'~1' ~~ C~~P~~ C~11~][~Ti'~
~y: ~~~
`Angel . P;scobar, City Manager
bate: /~,/~3 ~/lJ
By:
Troy Rzggs, zef of Police
Date: / -- '~j -~%~
Attest by:
>3y:
Armando C.ha~a, -City 5ecr ary
Ap~ro-t~ed as to legal form this
f S day of ~~~-
~y:
Lisa A.gu.ilar
Assistant City ttonley
for City .f~ttorney
lt,~~~®~
By:
~~
l~lazne: ~~ i~L -r' d'
Date: !;L- rZ-0~~_
~!~
i ;G '
sy ~L.1~~1E1~ llJ ~1G
Attached to and made part of the Lease Agreement
between the Caty of Corpus Christi and
Description of Motorcycle
Make: ~~ t./~,~,~/~'" ~µ ~ 4CJ
Mode[: ~UNGO~~ ;~ !~l
vrN: ,~~r~ z G~~ t~~~Uf~~~3
License date Number: c-~ G~~ ~j ~ Q
. ,
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