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HomeMy WebLinkAboutContract 29478 CITY SECRE CONTRACT Np Y 7 VEHICLE LEASE A GREEMENT The National Insurance Crime Bureau("NICB") does hereby lease to the City of Fort Worth for the use of the Fort Worth Police Department Auto Theft Division("Agency"), the vehicle describe as: Year: 1999 Make: Ford Model: Expedition VIN: 1 FMPU 18L 1 XLA14906 This vehicle will be used by the Agency for auto theft and auto insurance fraud investigations. This 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 us in pursuit of its lawful purpose. The Agency shall accept said vehicle "as is." The NICB shall retain remainder interest in said vehicle and that remainder interest shall take full fore and effect on the 3651'day after the effective date of this agreement,or longer if the term is extended in writing. 2. 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 remainder interest. However, in the event that the above described vehicle is stolen or in aid way damaged while in the custody of the Agency, its agents or assigns;-#ie Agency shall not be liable for any repair or replacement costs. 3. 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 an employee, agent or assign of the NICB during the term of this agreement. 4. The Agency agrees and warrants that it shall provide insurance coverage (self-insured agency) for the above-described vehicle in the normal course of its business. 5. The effective date of this agreement shall be the date the vehicle is delivered into the custody of the Agency. 6. Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party shown below: City of Fort Worth National Insurance Crime Bureau Ralph Mendoza, Chief of Police Jay Norris 350 W. Belknap I+ 'Aa I -DA c 0 R"5 Tlyl 'w y Fort Worth, Texas 76102 13Vv_r6 1,50 to (817) 877-8201 D Ari S , --� -71;a5 F� T�'"JU°'.� r 7. This agreement contains the entire understanding and agreement between the City and owner, 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. 8. 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 reasons, the reminder of this Agreement and the application of such worked,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. 9. This Agreement shall be construed under and in accordance with Texas law. National Insurance ime Bureau By: , Date: Jay N ms Title: Special Agent VIN: IFMPU18LIXLA14906 rn NICB File#: CO3 254 00005 City ofFo Wo — o, C=By: Date: La- b +: Joq Panku,-6 Title: AssiVtant City Mkmger AT*1oria By: Date: e on, City Secretary k to Contract authorization APPROVED AS TO FORM AND LEGALITY: Date Davi Yett, City Attorney By: Date: t b Carla S. Cook,Assistant City Attorney mica VEHICLE USE AGREEMENT NATONAI*MRANCE CRIME BUREAU Liberty Mutual ("the Company")does hereby donate to the National Insurance Crime Bureau("NICB"),the vehicle described as: Year: 1999 Make: Ford Model: Expedition VIN: 1 FM PU 18L 1 X LA 14906 Said vehicle will be used by the Fort Worth Police Department Auto Theft Division ("the Agency")for auto theft and auto insurance fraud investigation. This agreement is subject to the following conditions: 1. The NICB accepts the above-described vehicle for one dollar($1.00)and other valuable consideration in pursuit of its lawful corporate purposes. Additionally,it shall have full use of the vehicle for a period of 365 days. The parties may extend this agreement by verbal or written agreement at any time during its term. For the duration of the agreement,the NICB,or its agents and assigns,shall perform all routine maintenance on the vehicle. 2. The NICB shall accept said vehicle"as is" and shall facilitate the transfer of title to said vehicle to the appropriate governmental agency. The Company shall retain remainder interest in said vehicle and that remainder interest shall take full force and effect on the 365th day after the effective date of this agreement,or longer if the term is extended. At the option of the Company,the remainder interest will consist of a transfer of title back to the Company and the physical transfer of the above-described vehicle,regardless of its condition including,but not limited to,all salvage value. 3. The NICB warrants that it will not sell,convey or in any way dispose of said vehicle in a manner that may impair the Company's remainder interest. However,in the event that the described vehicle is stolen or in any way damaged while in the custody of the NICB,its agents or assigns,the NICB shall not be liable for any repair or replacement costs. 4. The NICB does hereby release the Company from all claims for property damage or bodily injury arising for the operation or maintenance of the vehicle described herein by an employee,agent or assign of the NICB during the term of this agreement. 5. The NICB agrees and warrants that it shall provide a minimum$1,000,000 of insurance coverage for the above- described vehicle in the normal course of its business,it being understood by the Company that such insurance coverage will not be purchased to cover physical damage to the vehicle if said vehicle is used in a"staged" accident. 6. The effective date of this agreement shall be the date the vehicle is delivered into the custody of the NICB. In witness whereof;the parties hereto have executed this agreement this 23rd day of October, 2003. THE COMPANY: THE NICB: Liberty Mutual r By: By: Title: Title: Special Agent VIN: 1 FMPU 18L 1 XLA 14906 NICB File 4 : CO3 254 00005