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HomeMy WebLinkAboutContract 38979N ATIONAI INSURANCF CRIMF BURFAU ry ®ETARY IV RACRT NO, 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: 2003 Make: Pontiac Model: Grand Prix SE VIN: 1 G2W K52J73F153486 This vehicle will be used by the Agency for the purpose of investigation ofinsurance-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 re -title 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 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. 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. 5. The Agency is self -insured. 6. 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: a. The number of times the vehicle was deployed; -- - " b. The number of arrests made due to the use of the vehicle; � CFFlCIAL RECURD c. The number of convictions obtained due to the use of the vehicle 41TY SECRETARY Vehicle Usage Agreement-IVICB and City of Fort Worth 2003 FTT, WORTH, Page 1 of 3 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 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. 8. At the end of this Agreement, the Agency shall re -title the vehicle in the name of the NICB or in the name of an entity designated by 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) 877-8201 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. Vehicle Usage Agreement-IVICB and City of Fort Worth 2003 Pontiac Grand Prix SE 1G2WK52J73F153486 Page 2 of 3 IN WITNESS WHEREOF, the parties ational Insurance Crime Bureau N Its: Special Agent VIN: 1 G2WK52J73F153486 NICB File #: C0525700011 i r hereto have executed this Agreement this day of 20 09. y Date: tic; GC '0 ?jw� THE AGENCY: Citv of Fort Worth, Texas APPROVED AS TO FORM AND LEGALITY: Karen Anderson Sr. Assistant City Attorney Tom Higgins Title: Assistant City Manager nmw.' A 92 - � - , ATTEST: Marry Hendrix, ClSecretary No M & C Required Vehicle Usage Agreement-NICB and City of Fort Worth 2003 Pontiac Grand Prix SE 1G2WK52J73F153486 OFFICIAL RECORD CITY SECRETARY FT R,4VORTH, TX Page 3 of 3