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HomeMy WebLinkAboutContract 42170SPAPRICW NATIbNAE. INSURANcf CRIME; BUREAU lc: „Thera C ID/ %flETARY coNriTRACT o 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 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 a y way damaged while in the custody of the Agency, its officers, agents or emplo ees, 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 to the vehicle. These reports shall include: OFFICIAL RECORD CITY SECRETARY a. The number of times the vehicle was deployed; Vehicle Usage Agreement-NICB and City of Fort Worth 2006 Chevrolet Silverado 1GCEC19T96Z153240 FT. WORTH, TX Page 1 of 3 08-25-11 PO4:28 IN b. c. d. e. The number of arrests made due to the use of the vehicle; The number of convictions obtained due to the use of the vehicle; The current mileage and condition of the vehicle; and 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. This Agreement is for a two year period (730 days). 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) 877-8201 National Insurance Crime Bureau Tommy W. Reed P 0 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 entering into a joint enterprise or a joint venture. Vehicle Usage Agreement-NICB and City of Fort Worth 2006 Chevrolet Silverado 1GCEC19T96Z153240 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of , 2011. National Insurance Crime Bureau Date: Tommy Reed, Special Agent VIN: 1 GNEC1i 3Z46R129223 NICB File #: C0525100011 THE AGENCY: City of Fort Worth, Texas APPROVED AS TO FORM AND LEGALITY: Charles Daniels Assistant City Manager 141Z0 JefP Halstead PIN/ Chief of Police _Ama nt-inA sica Sangsvang sistant City Attorney ATTEST: Marty Hendrix, City ecretary No M & C Required atosiSmillatilatio /2.-ze2ff Date: as. 24.1, tcrif 0 less A "-No° °00.0.0 S r � Tit 0 00 0* oo ©� d 0000000 sEs Q41krife°FicY OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX Vehicle Usage Agreement-NICB and City of Fort Worth 2006 Chevrolet Silverado 1GCEC19T96Z153240 Page 3 of 3