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HomeMy WebLinkAboutContract 33605 CITY SECRETARY CONTRACT NO. CE5. ORIGINAL M17C-9.1 VEHICLE USAGE AGREEMENT The Tarrant Regional Auto Theft Task Force does hereby loan to the City of Fort Worth for use by the Fort Worth Police Department Auto Theft Division("Agency"), the vehicle described as: Year: 1994 Make: Honda Model: Civic VIN: JHMCD5635RC067056 This vehicle will be used by the Agency for auto theft operations. This agreement is subject to the following conditions: 1. The Agency is to take possession of a 1994 Honda Civic VIN JHMCD5635RC067056 from the Tarrant Regional Auto Theft Task Force in pursuit of its lawful purpose. This vehicle is loaned out for a period of one year from the date of this agreement. The time may be extended at the renewal upon agreement from both the Fort Worth Police Department and the Tarrant Regional Auto Theft Task Force. The Tarrant Regional Auto Theft Task Force shall retain remainder interest in said vehicle and that remainder interest shall take full force and effect on the 365th day after the effective date of this agreement, or longer if the term is extended in writing. 2. The Agency warrants it will not sell convey or in any way dispose of said vehicle in a manner which may impair the Tarrant Regional Auto Theft Task Force's remainder 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 agents or assigns, the Agency (city) shall be liable for any repair or replacement costs. 3. The Agency does hereby release the Tarrant Regional Auto Theft Task Force from all claims for property damage or bodily injury arising from the operation or maintenance of the vehicle described herein by any employee, agent or assign of the Tarrant Regional Auto Theft Task Force during the term of this agreement. 4. The Agency agrees and warrants that it shall provide insurance coverage (self- insured agency) for the above-described vehicle in the normal course of its business. 5. The Agency shall be responsible for all necessary vehicle maintenance. 6. The effective date of this agreement shall be the date the vehicle is delivered into the custody of the Agency. 7. Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party shown below: � c� �E City of Fort Worth Tarrant Regional Auto Theft Task Ralph Mendoza, Chief of Police Force 350 W. Belknap Walt S. West, Commander Fort Worth, Texas 76102 3530 Joyce Drive (817) 877-8201 Fort Worth, Texas 76116 (817) 560-6560 8. This agreement contains the entire understanding and agreement between the Agency and the Tarrant Regional Auto Theft Task Force, 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. 9. Venue for any action arising hereunder shall be exclusively in Tarrant County, Texas. 10. 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. 11. This agreement shall be construed under and in accordance with Texas law. 12. Tarrant County and/or the Tarrant Regional Auto Theft Task Force is not hereby entering into a joint enterprise or joint venture with the City of Fort Worth or the Agency. Tarrant County/Tarrant Regional Auto Theft Task Force By:`=" ����"_' Date: �W Walt S. West Title: Fommander, Tarrant Regional Auto Theft Task//Force / By: DATE: Tom Vandergriff Title: Tarrant County Jud e ll City of Fort orth By: Date: Joegni gua Title: Assi tant�City a ager B Date: Z b (p NO M&C REQUIRED �� " 'u'� , ^�• Marty Hendrix, City Secretary APPROVED AS TO FORM AND LEGALITY: David Ye t, City Attorney By: Date: G Leann Guzman, A tanf rney CITY W12-Iffiff Approval Form for District Attorney DAVID K. HUDSON Approved as to Form* *By law,the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval,and should seek review and approval by their own respective attorney(s).