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HomeMy WebLinkAboutContract 45901m n m Z m C:7 a CITY SECRBAIW ���� CONTRACT N0. Al";ZOO rP NATIONAL. INSURANCE GRIME BUREAU VEHICLE USAGE AGREEMENT The National Insurance Crime Bureau ("NICB") does hereby lease to the City of Fort Worth, acting by and through the Ft. Worth Police Department (the "Agency") the vehicle described as follows: Year: 2006 Make: FORD Model: F-150 This vehicle will be used by the Agency for the purpose of investigation of insurance - related crime and/or fraud. The Agreement is subject to the following conditions: 1. The Agency leases from the NICB, the above-described vehicle for good and valuable consideration for use in pursuit of its lawful purpose. 2. Agency agrees to accept possession of the vehicle in "as is" condition. The Agency agrees to return physical possession of said vehicle to the NICB, or to an entity designated by the NICB, at the end of this Use Agreement's term. 3. The NICB shall hold the physical title to the vehicle and secure an alias registration from the Texas Department of Motor Vehicles. Upon termination of this Use Agreement the NICB shall cancel the alias registration. 4. The Agency warrants it will not sell, convey or in any way dispose of said vehicle in a manner which may impair the NICB's reversionary interest. However, in the event that the above described vehicle is stolen or in any way damaged while in the custody of the Agency, its officers, agents or employees, the Agency shall not be liable for any repair or replacement costs. 5. The Agency does hereby release the NICB from all claims for property damage or bodily injury arising from the operation or maintenance of the vehicle described herein by any officer, agent or employee of the Agency during the term of this Agreement. 6. The Agency is self-insured. 7. The Agency agrees to provide monthly reports to the NICB employee signing this Agreement setting forth statistical accomplishments attributed These reports shall include: a. The number of times the vehicle was deployed; Vehicle Usap-e Agreement-NICB and City of Fort Worth 2000' FORD F-150 1FTRW12 W46KC17903 OFFICIAL RECORD CITY SECRETARY FT. WORTHS TX Pagel of 4 b. The number of arrests made due to the use of the vehicle; C. The number of convictions obtained due to the use of the vehicle; d. The current mileage and condition of the vehicle; and e. The number of vehicle recoveries. Failure to provide these reports is a material breach of this Agreement and upon written notice to Agency; the NICB may terminate this Agreement and require the return of the vehicle. 8. This Agreement is for a one year period. The effective date of this Agreement shall be the date the vehicle is delivered into the custody of the Agency. 9. Either party may terminate this Agreement by giving the other party at least thirty (30) days advance written notice to the address of the other party shown below: City of Fort Worth Jeffrey Halstead, Chief of Police 350 W. Belknap Fort Worth, Texas 76102 (817) 392-4200 National Insurance Crime Bureau Jerry Allen P.O. Box 1358 Burleson, Texas 76097 (817) 999-8563 10. This Agreement contains the entire understanding and agreement between the Agency and the NICB, their assigns and successors in interest as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. This Agreement shall not be amended unless executed in writing by both parties. 11. Venue for any action arising hereunder shall be exclusively in Tarrant County, Texas. 12. The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by a court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. 13. This Agreement shall be construed under, and in accordance with, Texas law. 14. The parties agree that they are not hereby into a joint enterprise or a joint venture. Vehicle Usage Agreement-NICB and City of Fort Worth 2006 FORD F-150 1FTRW12W46KC17903 Page 2 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of 2014. National Insurance Crime Bureau By: Date: rry Allen,` Its: 5 SX Supervisory Special Agent VIN: 1 FTRW12W46KC17903 NICB File #: C0525700011 THE AGENCY: City of Fort Worth, Texas ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Charks W. Daniels Assistant City Manager Date: 09. 22 - 14f -- APPROVAL RECOMMENDED, By: w, G Jeffre . -Halstead Chief of Police ` f�• !� Date: APPROVED AS TO FORM AND LEGALITY: By: MILD Assistant City Attorney Contract Authorization: Vehicle Usage Agement-NICB and City of Fort Worth 2006 FORD F-150 1FTRW12W46KC17903 Page 3 of 4 M&c: Date Approved: A B, M C OFFICIAL RECORD CITY SECRETARY Vehicle Usage Agreement NICB and City of Fort Worth FT. WORTH, TX 2006 FORD F-150 1FTRW12W46KC17903 Page 4 of