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Home My WebLink AboutC2011-383 - 10/17/2011 - NAPolice'Demonstration Loan of Vehicle Terms and Conditions and Vehicle Receipt General Motors LLC ("GM") agrees to loan the following "Vehicle(s)" to City of Corpus Christi. ( "LOANEE ") from approximately- October 17, 2011 . to October 31, 2011, upon the terms set forth below: MAKE: CHEVROLET MODEL: CAPRICE PPV Return Mileage::. VJN:6G MK5T2QBL541892 (Note: if more than one vehicle is being loaned, attach a separate: sheet ;listing the MAKE/MODEL/VIN for each vehicle. Be sure to identify the LOANEE on the separate sheet.) Outbound Mileage: LOANEE'S ADDRESS: 321 John. Sartain (Street) PHONE: (361) 886-2600 Corpus Christi Texas (City) (State) The Vehicle(s) is /are, and shall remain, the pr Chevrolet, a division of GM. LOANEE agrees that: (a) the Vehiiele(s) will not be utilized illegally, improperly, for lire, as a public conveyance or in any manner for any political purpose whatsoever; (b) the Vehicl s) shall be driven in a prudent manner by insured, licensed drivers, who meet the GM Saf Driver Program Driver Conduct Requirements (attached as Exhibit D) and who are .officers, irectors employees, agents or subcontractors of LOANEE; (c) LOANEE shall ensure tha no -one modifies, disconnects, or 'otherwise interferes with the operation of the odometer, mission control equipment, or any other equipment; (d) LOANEE acknowledges receipt of and will obtain from eoch driver of a Vehicle: a signed. Driver Conduct Requirements form and shall re in each executed form for three (3) years and provide them to DIVISIONN at DIVISION's req est; (e) LOANEE will report ALL incidents /crashes involving a Vehicle to ESIS (General Motors' insurance claims administrator) at 1- 800 -888 -0154 and to DIVISION and will follow in ctions provided in the glove compartment of the Vehicle; (f) without limiting or altering any surance or indemnification obligations contained in this Agreement, LOANEE will cooper to with DIVISION in the defense of any claims or lawsuits related to LOANEE's use or poss sion of any Vehicle; (g) LOANEE will not make any repairs to a Vehicle without the expli it prior consent of ESN; (h) LOANEE shall be responsible for all traffic fines, forfeitures and enalties . incurred by reason of use of the Vehicle(s). DIVISION 'MAKES NO WARRANTY OTHER THAN THAT EXPRESSED IN ITS NEW VEHICLE LIMITED WARRANTY, A PRINTED COPY OF WHICH IS FURNISHED WITH THE VEHICLE DIVISION authorizes LOANEE to obtain, on DIVIS ON's behalf as Owner of the Vehicle(s), such warranty service as is necessary and provided for under the new! vehicle limited warranty. Ordinary operating expenses such as gas, oil, grease, tire repair and other incidentals are the responsibility of LOANEE while the vehicle is in its possession GM "LOAN :OF VRULC7 ti:TERMS AND CONDrnQNSAND VEfflC%.R'REC5IP'T: 2011 -383 10/17/11 General Motors, LLC INDEXED 4. ' To the extent allowed under the law, LOANEE agrees to defend, indemnify and hold 13 SION harmless from all claims, liabilities and expenses arising out of LOANEE's use or poss sion of any Vehicle except to the extent caused by the negligence of DNTSION. In addition ANEE agrees to: Maintain a program of self-insurancefor all owned, non -owned and hired vehicles an excess automobile liability insurance coverage limits of not less than $5,000,000 per oc urrence combined single: limit for personal injury and property damage during the to of the agreement. Prior to receipt of the Vehicle(s), LOANEE will provide'DIVISIO with a statement of such self - insurance, stating that such self-insurance is primary in cov rage, as regards the above indemnity, to any other :insurance which may be available to General Motors .Company. At the end of the term of the loan, or earlier if requested by DIVISION, LOANEE will return: the to the nearest DIVISION office (Allen. Samuels Chevrolet, 2118 South Padre Island Dr., Corpus Christi, Texas 78416) or such other location as designated by DIVISION If a Vehicle must be recovered by DIVISION or repaired to restore it to the condition in which .:it was delivered (reasonable wear and tear, as defined by General Motors Company guidelines, excepted), then LOANEE will pay DIVISION any costs incurred by DIVISION to recover the Vehicle and to repair it If; in DIVISION'S opinion, a Vehicle cannot or should not be repaired based upon General Motors Company's policy for repairing/scrapping damaged vehicles, , en the Vehicle must be returned to DIVISION and the LOANEE will pay DIVISION the ehicle's value, based upon the following formula: The amount General Motors Company world have received if the Vehicle had been sold at auction the month the Vehicle was damaged b4ed on a similar make and model year vehicle with similar mileage, as determined by GM NA Fteet and Commercial Operations Auction Results' report, less $4,0.00. The parties agree that this Agreement shall be governed and construed in accordance itli, the laws of the State of Texas, without regard to conflicts of laws principles. The parties hereby agree that in the :event . of any litigation between the parties, such proceeding shall' be brought exclusively in the courts of the State of County of Nueces or the federal district cceut with subject matter jurisdiction and encompassing the County ofNueces,;Texas. LOANEE Oscar Ivlartinez Assistant City Manager For City Manager APPROVED AS T f ORM: ida /7 -% Date Stephen Padilla Date District Sales Manager - Commercial & Gov't . '°hilt a Dang Date istaxat City Attorney For City Attorney OM LOAN OF VEHICLE TERMS AND CONtifONS AND HIICLE RECEIPT ajteLDRIVER-CONDLICT REQUIREMENTS :FOLKS DEMONSTRATION) REVISED Aug* 4, 2011 General Motors Safe Driver Program, Driver Conduct Requirements I understand that the loan of: this Vehicle is subject to the.. following terms, and verify that am twenty -one (21) years of age or older, possess a valid operator's license, and will: 1. Display such :license to the vehicle key issuer at each Vehicle exchange, and will comply with all license. restrictions. Never drive while impaired by :alcohol, drugs, medication, illness, fatigue, or injury; Smoking in the vehicle is prohibited. Ensure the proper use of safety belts and child safety restraints for all occupants. Obey all applicable: motor vehicle laws, ; codes, and regulations; including: all local ordinances and/or state laws addressing the use of hand-held communication devices. II Never read or type text messages or ernaiLs while driving; Always use ::hands -free technology if call must :be placed or received while driving. Drive in a defensive manner, anticipating situations where incidents are likely to occur. Refrain, at all times, from using radar!laser detection devices. Plan trips by selecting the safest route, depart ;early enough to observe posted speed and traffic re and will be mindful of current and forecasted weather conditions. lotions, Report all incidents /crashes involving the Vehicle to ESIS General Motors' insurance claims administrator) at 1-800-888-0154 (direction is provided in the glove compartment of the vehicle). Not permit any other person to operate the Vehicle. Acknowledge that GM will utilize OnStar (see Reference Guide) or other additional data recorders or instruments installed on the Vehicles) to Monitor and collect information including, but not limited :to,. vehicle location, performance, speed, mileage, and seat belt usage. for more information on GM' Privacy statements, please see the owner's : manual in the glove box or on the web :.. at http : / /www.ons'tar.com /web :portal /privacy :statement. Furthermore, by signing this receipt and acknowledgment, l verify that I have not been convicted within the past 5 years of any of: the following motor vehicle violations: 1 Driving while operator's license is suspended, revoked, or denied. 2 Vehicular manslaughter, negligent homicide,: felonious driving or felony with a vehicle. Operating a vehicle while impaired; uncle test. the influence . of alcohol or illegal drugs, or refusing a 4. Failure to stop or identify under a crash (includes leaving th information to an officer). 5 Eluding or attempting to elude a law enforcement officer. 6 Traffic violation resulting in death or serious injury. o LOAN OP VBHICIE TERMS AND CONDITIONS: AND VE} ICLE.RF.CErPT and:DRPISR CONDUCT (PO1; TCE;DEMONS I RATION) REYISEDAugust 4.201'1 sobriety scene o f a crash; hit and run; giving false 7. Any other:si Driver's Name: cant violationwariantsng suspension of license: Driver's License Number and state 0 Verified but not documented for security reasons. Driver's Signature: Date: GM LOAN OF VEHICLE TERMS AND CONDITIONS AND VEHICLE RECEIPT and DRIVER CONDUCT REQUIREMENTS (POLICE DEMONSTRATION) REVISED August 4, 2011 City of Corpus Christi LEGAL DEPARTMENT PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361- 880 -3360 Fax 361- 880 -3239 Municipal Court Prosecutor's Office 120 N. Chaparral Corpus Christi Texas 78401 Phone 361 -886 -2530 Fax 361 -886 -2567 Juvenile Court Prosecutor's Office 615 Leopard Street Suite 113 Corpus Christi Texas 78405 Phone 361 - 826 -4014 Fax 361- 886 -2502 Police Legal Advisor 321 John Sartain Corpus Christi Texas 78401 Phone 361-886-2608 Fax 361 - 886 -2634 Human Relations PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361 -826 -3190 Fax 361 -886 -3192 Risk Management PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361-826-3680 Fax 361- 886 -3697 www.cctexas.com September 14, 2011 General Motors Fleet Commercial Operations Attention: Stephen Padilla 600 East John Carpenter Freeway, Suite 200 Irving, Texas 75062 Re: Corpus Christi Police Department Loaner Vehicle 2011 . Chevrolet Caprice PPV VIN# 6G1MK5T20BL541892 Dear Mr. Padilla: The City of Corpus Christi is a self insured public entity as allowed by the State of Texas for General Liability, Auto Liability, and Workers' Compensation. Liability limits are established by the Texas Tort Claims Act. The City of Corpus Christi's liability under the Act is limited. Under the Act, liability in cases of personal injuries or death is limited to a maximum amount of $250,000 per person and $500,000 for each single occurrence. The Risk Liability Fund is funded by the City of Corpus Christi in accordance with generally accepted accounting practices through actuarially calculated annual contributions. Information regarding fling a claim with the City of Corpus Christi can be obtained from the Risk Management office at City Hall, 1201 Leopard Street, Corpus Christi, Texas 78401, or by phone at (361) 826 -3680. Sincerely, Donna James - Spruce Risk Manager DJS/vlt A EP CERTIFICATE OF LIABILITY INSURANCE R 1 DATE(MN°DYY "" a9/1� 512011 THIS CERTIFICATE IS ISSUED AS A MATTER OP INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED RYTHE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder lean ADDITIONAL INSURED, the policy(lair) must be undarred. If SUBROGATION IS WAIVED, eubjeet to the Terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endoraement(a). PRODUCER MCGRIFF, se EELS & WILLIAMS OF TEXAS, INC. 5080 Spectrum Dr., Suite 900E Addison, TX 75001 "'M Susan Shoemake FAX (PAH(C� No. Eat1 (489) 232 -2100 I Net: A Egg,sshoemakec,mogrIftoom insumeR(Si AFFORDING COVERAGE NAIC0 INSURER A :Star Insurance Company 18¢23 INSURED Oily of Corpus Christi, Tomas P O Box 9277 Corpus Christi, TX 70469 -9277 INSURER B : CP0513748 INSURER C: 03/01/2012 INSURER D : $ 5,000,000 INSURER E : $ INSURER F: CLAIMS -MADE X OCCUR COVERAGES CERTIFICATE NUMBER:GUSLHNSN REVISION NUMBER: THIS ISTO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLLCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PIER LTR TYPE OF INSURANCE A001- 3NDR BURN yyyR POLICY NUMBER POLICY EFF ,IMWOONYYYLERVJOQJMYYYL POLICY EXP UMFtB A GENERAL X LJABILRY COMMERCIAL GENERAL LIABILITY CP0513748 03/01/2011 03/01/2012 EACH OCCURRENCE $ 5,000,000 PREMISES (� ocau anal $ CLAIMS -MADE X OCCUR MED EXP (Any and parser) $ X Excess Coverage PERSONAL a ADV INJURY $ GENERAL AGGREGATE $ 10,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: � ^ i POLICY n 50T n LOG PRODUCTS - COMP/OP A00 $ $ A AUTOMOBILE X — — � X UABILTTY ANYMJTO AiL1L1'OS NED HIRED AllT06 Emcees Ueblllly AUTOSULEU NON•OWNED AUTOS CP0513748 03101/2011 03101/2012 { a99IN D INGLE LIMIT 5,000,000 BODILY INJURY (Per person) $ BODILYINJUR'(Perneddenli $ PROPERTY DAMAGE (Peraccidena $ $ A X UMBRELLA LJAB EXCES$ UAB L X OGGUR CLAIMS•MADE CP0513748 03/01/2011 (13101/2012 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 10,000,000 1 DED I I RETENT ONA5a0,000 $ A WORKERS COMPENSATION AND EMPLOYERS` LIABILITY ANY PROPRIET0PPARTNER/EXECUTVE OFFICERMEMBER EXCLUDED? (Mandatary In NHI Ryes, describe under DESCRIPTION OF OPERATIONS belmv NIA CP0513748 03/01/2011 03/01/2012 x it( avuMrrsI L I�pp ER .1 E. L. EACH ACCIDENT $ 500,000 EL DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 $ $ $ $ $ DESCRIPTION OP OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Atli/Mans! Ram erica Sehedule, ll mare apsee is required) This certificate only apples to RE: CCPD Loaner Vehicle: 2011 Chevrolet Caprice PPV, VIN# 6G1 MKET20BL541B92. CERTIFICATE HOLDER CANCELLATION General Motors Fleet Commercial Operations Attn: Stephen Padilla 600 E. John Carpenter Freeway, Suite 200 Irving, TX 75062 SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATETHEREOF, NOTICEWILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010105) Page 1 011 019813 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD