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HomeMy WebLinkAboutContract 46862 (3)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: 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 re-tdle 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; o- b. The number of arrests made due to the use of the v F.tGc1VEG OFFICIAL RECORD o,,� 222C!15 CITY SECRETARY FT. WORTH, TX Pagel of 4 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. 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 parry at least thirty (30) days advance written notice to the address of the other party shown below: Citv of Fort Worth National Insurance Crime Bureau Rhonda Robertson, Chief of Police Jerry Allen 350 W. Belknap P.O. Box 1358 Fort Worth, Texas 76102 Burleson, Texas 76097 (817) 392-4200 (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. Page 2 of IN WITNESS WHEREOF, the parties hereto have executed this Agreement this o`jw day of " AUN 30T4o�/S Nationallnauranee Crime Bureau By: %�Date: je Its: S S Supervisory Special Agent THE AGENCY: City, of Fort Worth, Texas ACCEPTED AND AGREED: CITY OF FORT WORTH: By : �Ja.��— elae1?h o 1 Assistant City Manager Date: '7- t14S APPROVAL RECOMMENDED: RhoChief of Police nda'kobertson - i li, -115 APPROVED AS TO FORM AND (ILEGALITY; BUy: V kntfAtt Ass s ao Contract Authorization: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 3 of iNO M&C REQUIRED M&C. Date Approved: ATTEST By: Mary J. Ka r I City Secreta OFFICIAL RECORD CITY SECRETARY FT WORTH, TX Page 4of4