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.
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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.
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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.
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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
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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
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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:
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