HomeMy WebLinkAboutContract 40613CITY SECRETARY 40.
CONTRACT NO . (o 13
NATIONAL INSIIRANCE CRIM E BUR EA U
TRAILER USE AGREEMENT
The National Insurance Crime Bureau ("NICB") does hereby lease to the City of Fort
Worth, acting by and through the Fort Worth Police Department (the "Agency"), the trailer
described as:
This trailer will be used by the Agency for the purpose of investigating insurance related
crime, theft and/or fraud. This agreement is subject to the following conditions:
1. This lease begins the day that the trailer is delivered to the City of Fort Worth 's
Commercial Auto Theft Unit and shall continue for a period of three (3) months, unless
earlier terminated by written notice from one party to the other to the address listed on the
next page. Upon termination, the Agency will return said trailer and monitoring
equipment to NICB .
2. The Agency leases from the NICB the above-described vehicle for one dollar ($1.00) and
other valuable consideration. The trailer shall be delivered to , and picked up from, the
Agency via a commercially licensed and insured truck driver selected by , and paid by , the
NICB. During such transportation , NICB agrees that Agency , its employees and officials
shall not be responsible for any damage to, or theft of, the trailer and equipment installed
in the trailer.
3. The Agency is self-insured.
4 . Agency agrees to accept the trailer in "as is" condition and acknowledges that there are no
warranties, express or implied, as to the condition of the trailer, or of the monitoring
equipment installed in the trailer.
5. In the event the trailer or any of the equipment installed on the trailer are stolen, damaged
or destroyed during the period of time trailer is in the custody and control of Agency,
Agency will only be responsible for such loss if caused by intentional or grossly negligent
conduct of Agency, its agents or employees.
6 . The Agency warrants that it will not sell, convey or in any way dispose of the trailer in a
manner which may impair the NICB's interest in the trailer or monitoring equipment.
7 . Agency will notify the NICB immediately if Agency becomes aware of any damage or
mechanical or technical problem with the trailer or the trailer's monitoring equipment.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT
RECEIVED JUL 2 8
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CITY SECRETARY
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8 .. Agency hereby releases the NICB , its member companies and anyone acting on behalf of
the NICB , from all claims for property damage or bodily injury arising from the operation
or maintenance of the trailer by an employee , agent or assign of the Agency during the
term of this agreement.
9 . Agency agrees that the trailer w ill be kept in a secure location when not deployed in an
operation .
10. To the extent it is able , without compromising a criminal investigation , Agency shall
notify the NICB monthly of:
A . The number of times the trailer was deployed ,
B. The number of arrests made due to the use o f the trailer,
C. The number of convictions obtained due to the use of the trailer,
D . The names of those arrested and/or convicted due to the use of the trailer,
E. The condition of the trailer and the monitoring equipment, and
F . The type of cargo and approximate value recovered due to the use of this trailer.
11 . 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, Texas76049
(817) 579-7120
12. 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 .
13 . Venue for any action arising hereunder shall be exclusively in Tarrant County, Texas.
14 . 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 in valid or
unconstitutional for any reason, the remainder of thi s Agreement and the app lication 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 .
15. This Agreement shall be construed under, and in accordance with , Texas law.
16. The parties agree that they are not hereby entering into a joint enterprise or a joint
venture .
17. The terms of this agreement may only be waived or modified by the parties in a separate
agreement signed by both parties.
Pa ge2of3
~ IN WITNESS WHEREOF , the parties hereto have executed this agreement this ..2 7 day of
July, 2010.
National Insurance Crime Bureau
B~~Date ~ Z,1-,HJ/,t}
Tommy v{. Reed
Title: Special Agent
NICB File #: _______ _
THE AGENCY: City of Fort Worth, Texas
APPROVED AS TO FORM AND LEGALITY :
b <~~
Karen Anderson
Sr. Assistant City Attorney
Date : 7 /z7 /JV ----~----
Tom Higgins
Title : Assistant City Manager
~"& w.1/-440 7-t7-fo
Je~y W. al stead
Chief of Police
ATTEST:
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH , TX