HomeMy WebLinkAboutContract 40323NATIONAL INSURANCE CRIME BUREAU
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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:
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 one dollar ($1.00)
and other valuable considerations for use in pursuit of its lawful purpose. The Agency
shall accept said vehicle "as is" and shall retitle the vehicle in the name of the Agency
prior to any use. For the duration of the Agreement, the Agency shall perform all routine
maintenance on the vehicle.
2. In the event the vehicle is not re -titled in the name of the Agency within ninety (90) days
from the date last written below, the Agency shall immediately return said vehicle to the
NICB.
3. The Agency warrants it will not sell, convey or in any way dispose of said vehicles 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.
4. 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.
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6.
The Agency is self -insured.
The Agency agrees to provide monthly reports to the NICB employee signing this
Agreement setting forth statistical accomplishments attributed to the vehicle. These
reports shall include: F�A -`
a. The number of times the vehicle was deployed;
b. The number of arrests made due to the use of the vehicle;
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OFFICIAL RECORD
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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.
7. This Agreement is from June 4, 2010 until June 4, 2012.
8. At the end of this Agreement, the Agency shall re -title the vehicle in the name of the
NICB.
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) 8774201
National Insurance Crime Bureau
Tommy W. Reed
P.O. Box 5727
Granbury, Texas 76049
(817) 579-7120
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this I I day of
u,�•� , 2010.
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National Insurance Crime Bureau
Date: A '��' �`/�
Its:
Special Agent
THE AGENCY: City of Fort Worth, Texas
APPROVED AS TO FORM AND LEGALITY:
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Karen Anderson
Sr. Assistant City Attorney
Tom Higgins
Title: Assistant City Manager
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ATTEST:
Marty Hendrix', City Secretary
No M & C Required
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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