HomeMy WebLinkAboutC2018-141 - 2/28/2018 - NA LEASE AGREEMENT
This Lease Agreement(hereinafter referred to as"the Lease Agreement") is made between the
City of Corpus Christ, a political subdivision of the State of Texas,(hereinafter referred to as"the City"
and Horacio Solis .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 the 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 cost of obtaining liability insurance through the assigned risk pool are
prohibitive;
NOW,THEREFOR,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 motorcycles 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.
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.
2018-141
2/28/18
Horacio Solis
INDEXED
ARTICLE 2. OWNERSHIP 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 shall
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 City
agrees to pay the Lessor per mileage traveled 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—I.0. 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$1.00(one dollar)to Lessor which
shall be payable each time the lease is renewed.
ARTICLE 4.TERM
The term of this Agreement shall be for a term of one year,commencing on the date 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.OPERATON OF MOTORCYCLES
1. If the Lessor is assigned permanently 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 municipal
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 telephoned 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.
5. Lessor shall not allow any other persons 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 the 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 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 if motorcycle
in Lessor's name. Lessor shall accomplish and pay for inspections of the motorcycle required during the
term of this Agreement by any governmental authority.
ARTICLE S. TAXES
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 lease, use, ownership or possession thereof pursuant to this Agreement.
ARTICLE 9.REPAIR AND MAINTENANCE
I. 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 limited to tires, oil, lubricants and antifreeze required for the proper operation and/or
protection of the motorcycle. The City agrees to provide 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 maintain oils
and lubricants at the proper level. Lesser further agrees to keep said motorcycle properly stored and
washed.
3.The City agreed 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.
ARTICLE 10.RISK OF LOSS
Lessor retains risk of loss of the motorcycle, including loss caused by theft of the motorcycle.
ARTICLE 11. INSURANCE
When the Motorcycle is operated by Lessor in the performance of official police duties or in the
performance of approved off-duty assignments,the self-insurance fund of the City shall provide coverage
for property and casualty losses, general liability,auto liability, worker's compensation and other
miscellaneous risks to the extent not covered by contractual insurance or other indemnification.
ARTICLE 12. INDEMNIFICATION
When the motorcycle is operated by Lessor in the performance of official police duties or in the
performance of approved off-duty assignments,the City shall indemnify Lessor as provide in Section 39-
16 of the Corpus Christi Code of Ordinances.
ARTICLE 13.TERMINATION
1. If the motorcycle is stolen,the Agreement shall terminate.Notwithstanding the previous
provisions, 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.
2. 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 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 immediately.
4. If the Lessor is no longer authorized to operate the motorcycle in the performance of official
police duties or in the performance of off-duty assignments,the Agreement shall terminate immediately.
5. The Agreement may terminate upon mutual agreement of the parties.
6. 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 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.
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 suck terms, rights,or privileges,but the same shall continue and remain in
full force and effect the same as of no such forbearance or waiver has occurred.
2. Neither this Agreement nor any interest herein may be re-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 in writing
for such purpose.
For the City: Corpus Christi Police Department
Attn: Police Chief
321 John Sartain St.
Corpus Christi, Texas 78401
For the Lessor: Horacio Solis
6842 Vineyard Dr.
Corpus Christi, TX 78414
4. Lessor shall notify the City immediately in writing of any charges in 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 persons 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 to 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 year, shall be subject to
budget approval providing for or covering such contract items as an expenditure in said budget.The City
does not represent that said budget item and 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 CITY OF CORPUS CHRISTI LESS*
By: Tr -U C ' )(Leal-, By:
in
City Manager Name: Horacio Solis
Date: a. QS • i S Date: 02p,2/ 1 2
By: 7Z/#/
Chief of P lice //. 2
Date: a /
Attest:
By: �� atG7'N
Rebecca Huerta, City Secretary
Approved as to legal form this C' day of F-e (:LAv l
By: WS" 111A CA
Joseph Brice, Assistant City Attorney
For City Attorney
SCHEDULE A
Attached to and made port of the Lease Agreement
between the City of Corpus Christi and
Description of Motorcycle:
Make: 2016 Harley Davidson
Model: FLHTP Electra Glide
VIN: I HD l FMM I0GB652577
License Plate Number: TXLP: 851 L3C