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HomeMy WebLinkAboutC2011-458 - 11/23/2011 - NAs This Lease Agreement (hereinafter referred to as "the Agreement") is trade between the City of Corpus Christi, a oliiTieaI rubdivision of the Z m- 'ate of Texas, (hereinafter referred to as "the City ") and ,f 'ri , a police officer employed by the City of Corpus Christi, (hereinafter referred to as "Lessor"), and WHEREAS, 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; WHEREAS, the use of motorcycles by Corpus Christi Police Officers to provide funeral escorts and other approved off -duty assignments also serves a governmental purpose; WHEREAS, Section 142.006 (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 of the operation, maintenance, or use of a motorcycle owned or leased by the municipality; WHEREAS, 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; WHEREAS, the Texas legislature in Article 715 c of Vernon'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; WHEREAS, insurance companies are no longer providing liability insurance for motorcycles when they are used for law enforcement purposes; WHEREAS, the costs of obtaining liability insurance through the assigned risk pool are prohibitive; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and Lessor agree as follows: ARTICLE 1. LEASE OF MOTORCYCLES 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 "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. 2011 -458 11/23/11 Cunningham, Robert EQ 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 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 off -duty assignments is the Lessor'. ARTICLE 6. SUBSTITUTION OF MOTORCYCLES 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. ARTICLE 7. STATE, COUNTY AND CITY REGISTRATION AND LICENSES 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. ARTICLE S. TAXES Lessor shall pay and bear. all fed&al, 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. ARTICLE 9. REPAIR AND MAINTENANCE 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 and replacements to the motorcycle, including but not be limited to tires, oil, 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 Division. 2. Lessor agrees to provide all gasoline necessary to operate said motorcycle and to miaintain 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 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.D.A. Motorcycle/ Snowmobile / ATV / Personal Watercraft Appraisal Guide. Page 5 of 7 8. Either party may terminate this Agreement by providing the other party with thirty (30) days advance written notice of termination. ARTICLE 14. GENERAL PROVISIONS I. 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 Manager (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 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 party. Nothing contained in this instrument shall be deemed to prevent the Lessor from 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 �n writing for such purpose. For the City: Corpus Christi Police Department Attn: Police Chief _321 John Sartain St. Corpus Christi, Texas 78401 For Lessor: - pp � 19L 6 if- ed zo 3y1 iv - IXPrA s Q C - IL6 4. Lessor shall notify the2ty immediately in writing of any charges 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 terms 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 July 31 of each Page 7 of 7 SCHEDULE A Attached to and made part of the Lease Agreement betwe the City of Corpus C isti and. C , X f37 Description of Motorcycle Make: Model: L f,S"00 VIN: SA 7®x 993 License Plate Number: IJI�` w e f V : � � elf