HomeMy WebLinkAboutContract 41164 (2)a flee
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NATIONAL INSURANCE CRIME BUREAU
CITY EC ETARY n
CONTRACT 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:
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 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.
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. In accordance with Chief Halstead's instructions, the Agency's City Services has
two (2) weeks after this Agreement is signed by both parties to deliver the above
referenced vehicle to the covert bait car coordinator. NICB has the discretion to
terminate or extend the Agreement if the Agency fails to comply.
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8. 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;
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.
9. 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.
10. 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
Cranbury, Texas 76049
(817) 579-7120
11. 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.
12. Venue for any action arising hereunder shall be exclusively in Tarrant County,
Texas.
13. 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.
14. This Agreement shall be construed under, and in accordance with, Texas law.
OFFICIAL RECORD
CITY SECRETARY
Page 2 of
FT. WORTH, TX
15. 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+�
day of November, 2010.
National Insurance Crime Bureau
By:
Tommy freed
Its: SPECIAL AGENT
THE AGENCY: City of Fort Worth, Texas
APPROVED AS TO FORM AND LEGALITY:
Karen Anderson
Sr. Assistant City Attorney
,O-CA2artitieacc
Ch rlesW. Daniels
Title: Assistant City Manager
Jeffrey W. Halstead ffett-lO
Chief of Police
ATTEST:
Marty Hendrix, :sty Secretary
No M & C Required
Date: //r 24Ct/lam
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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