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HomeMy WebLinkAboutC2013-282 - 7/17/2013 - NA LEASE,AGREEME NT This Lease Agreement(hereinafter referred to as"the Agreement!') is made between the City of Corpus Christi, a of ®c subdivisi n of the State of Texas, (hereinafter referred to as "the City")and to police officer employed by the City of Corpus hristi, (hereinafter referred to as"Lessor"), and WHE REAS,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 othera rove off-duty assignments also serves a governmental purpose; WHERE,AS, Section 142.006(b)of the Texas Local Government Code requires that the it provide for insuring each police officer in its employ against liability tot ird persons arising out of the operation, maintenance, or use of a motorcycle owned or leased by the municipality; VMEREAS,Section 142,006 (d) of the Texas Local Government Code provides that the it may elect to be self-insured or to reimburse the actual cost ofence e automobile liability insurance endorsements obtained by a police officer on an individually owned automobile liability insurance policy; W11EREAS, 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 is pool are prohibitive; NOW,TFIEREFORE, 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 Agreementa the term"motorcycle"shall mean a motorcycle leased hereunder. When used in this Agreement, the to "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. 2013-282 7/17/13 Ray Hul1 um Page 2 of 7 Any additions to or deletions from Schedule A, when agreed to by both parties, or any agreed variation in models or types of motorcycle,shall be evidenced by a supplement to this agreement.This agreement and its supplements thereto shall constitute the master lease agreement. ARTICLE 2. OWNE RSHIP OF MOTORCYCLES This is an agreement of lease only and may not be construed as a contract for the sale of a motorcycle. City acknowledges that Lessor is the owner of the motorcycle leased hereunder, Lessor all provide the City with evidence of ownership. ARTICLE 3.LEASE PAYMENTS If the Lessor is assigned full time duties as a Corpus Christi Police Motorcycle Officer,the it 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 to adopted by the it in City Policy —1® The City shall make such payment monthly to Lessor. If the Lessor is not assigned full time duties as a Corpus Christi Police Motorcycle Officer, but has been authorized by the Corpus Christi Chief of Police or his designee to perform approved off duty motorcycle assignments, the City agrees to make lease payments of$1. (one dollar)to Lessor which shall be payable each time the lease is renewed. ARTICLE 4.TERM The term oft is Agreement shall be for a to of one year,commencing on the to the agreement is executed by the City Manager or his designee. Unless terminated as herein provided, the Agreement shall be automatically renewed for one year periods. ARTICLE 5. OPERATION OF MOTORCYCLES f o rpus 1. If the Lessor is assigned permanently as a full time motorcycle officer forte te o h C 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 all not permit the motorcycle to be used in violation of any federal,state or municipal statutes, laws,ordinances,rules or regulations. ® Lessor shall notify the City immediately of any and all accidents involving the motorcycle. Such notices all 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. ............... ......... Page 3 of 7 5® Lessor shall not allow any other person to use the motorcycle in erfo ance of official police duties or in of approved off-duty assignmenm off-du In other words, the a i s agree that the only ors who will use the motorcycle in er o c of olice ties or in or ce of approved o assignments is the Lessor, SUBSTITUTION ARTICLE 6. Lessor shal t 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 olice or his designee. ARTICLE .STATE,COUNTY AND CITY REGISTRATION AND LICENSES Lessor shall accomplish a titling, registration and licensing in e State of exas of motorcycle in Lessor's name. Lessor shall accomplish and pay-for any inspections of e motorcycle required during the term oft is Agreement by any governmental authority. ARTICLE 8.TAXES Lessor shall pay ear all a 1, 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 can the lease,use,ownership or possession thereof pursuant to this Agreement. ARTICLE 9. REPAIR AND MAINTENANCE 1, Lessor shall keep and maintain the motorcycle rcycle in good operating condition and working order. Its all bete duty of the Lessor to make all necessary repairs and replacements the motorcycle,including gat not be limited to dres,oil, lubricants ti eee required for the roper operation o otection of the motorcycle. The City agrees to provide for electrical repairs tote motorcycle if a Lessor is permanently assigned to the Motorcycle Division. 2. Lessor agrees rovi a all gasoline necessary to operate sai otorc cle and to maintain all ails and lubricants at the proper level. Lessor further agrees to keep said otorcycle properly stored and washed. 3. The City agrees to provide for the repair of a motorcycle which is damaged while being operated by essor in e performance of official police duties or during approved off-duty assignments, If the Corpus Christi Chief of Police or his designee determines that ae motorcycle is so damaged that it cannot economically be placed in o0 working order,then the City shall,as soon as practicable after such event, pay Lessor the value of said otorcyc as listed in the then current issue of the N.A.D.A. oto c clef Snowmobile l ATV/Personal Watercraft isa Guide. Page 4 of ARTICLE 10.RISK OF LOSS Lessor retains risk of loss of otorc cle, including loss caused by theft of the motorcycle. ARTICLE 11. INSURANCE When the motorcycle is operated by Le r in the performance of icial police duties or in the performance o approved assignments,the self-insurance n the City shall provide covers e for property casualty losses,general liability, auto liability, worker's compensation and other miscellaneous risks tot the extent not covered by contractual insurance or other indemnification. ARTICLE 1 . INDEMNIFICATION When the motorcycle is operated by Lessor in the performance of official police duties or in e performance of a prove off-duty off-duty assignments, tha City shall indemnify Lessor as provided in Section 39-16 of the Corpus Christi Code of Ordinances. ARTICLE 13.TERMINATION ° If the motorcycle is stolen,the Agreement shall terminate.Notwithstanding the previous provision, the Lessor reserves the option to offer er a replacement or substitute motorcycle which motorcycle shall be subject t®the terms of this Agreement and approval by the Corpus Christi Chief of Police or his designee. 2. If the Corpus Christi Chief of olice or his designee ete that e motorcycle is so destroyed or damaged that it cannot economically placed in good working order,this Agreement S l terminate. Notwithstanding the previous provision,the Lessor reserves the option to offer a replacement or substitute motorcycle which otor cle shall be subject to the terins oft is Agreement and approval e Corpus Christi Chief of Police or his designee. . If the Lessor ceases to be employed a police o fficer by the City of o Christi, the agreement shall terminate immediately. . If the Lessor is no longer authorized to operate the motorcycle in e performance of official olice duties or in c performance of approved off-duty assignments, the agreement shall terminate immediately. ° The agreement a terminate upon the mutual agreement of the parties. ® 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 to in tes automatically and without notice on a) an attempted sir ent by Lessor of this agreement, or ) an assignment by Lessor for the benefit of creditors. ............... ............ ............................................................ ........................... 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, AR171CLE 14. GE NERAL PROVISIONS 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 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 e' ect the same as ifs 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 lbr the purpose of said motorcycle. 3. Any notice given by one party to the other under this Agreement shal I 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 78401 For Lessor: - Q (- 4. Lessor shall notify the City 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 all remain valid and enforceable. 6. Any payments to be made by the City in accordance with the to 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, is fiscal year ends on July 31 of each ....................... Page 6 of 7 year, shall be subject to budget approval providing for or covering such contract item as an expenditure in said budget. The City does not represent that said budget item will actually be adopted, said determination being within the sole discretion of the Corpus Christi City Council at the time of the adoption of a City budget. Agreed to by: THE CI OF CORPUS CHRISTI LESSOR Y: BY ....................... ... .............................................................................................................. Name: i Manager ............LLL ,�2.............................................. Date: Date: ............................. .1 . ............. .............................................................. . .. .... hif of Police Date: Attest by- B Y.- Armando Chapa, City Secretary Approved as to legal form is of By: Assistant City Attorney ®r City Attorney ....... .......................... ....... ............... ..................... ........... .......----------- Page 7 of 7 SCHEDULEA Attached to and made part of the Lease Agreement between the City of Corp s Christi and mm ................................................ i....................................... ........................................................................... ...................... Description of Motorcycle Make: Model: VIN: /,q 4 9 11 A 9 6 5 License Plate Number: ....... .... ...... ................. ........... .................