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HomeMy WebLinkAboutContract 42267 CITY SECRETARY CONTRACT NO, �� - STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS COUNTY OF TARRANT § CONTRACT FOR TEMPORARY POSSESSION OF ANIMALS BETWEEN THE CITY OF FORT WORTH AND ITALIAN GREYHOUND CLUB OF AMERICA, INC. THIS AGREEMENT is entered into by and between the City of Fort Worth("City"), a home-rules municipality in the State of Texas, acting by and through Charles Daniels, its duly authorized Assistant City Manager, and Italian Greyhound Club of America ("IGCA"), a Texas Nonprofit Corporation acting by and through Chris Donald, its duly authorized Director. WHEREAS, the City impounded one (1) Italian Greyhound canine on August 31, 2011 pursuant to Section 6-43(a) of the Code of Ordinances of the City of Fort Worth, Texas (Code)pending the investigation and outcome of violations related to failure to provide proper care for animals as mandated by Section 6-65 of the Code; WHEREAS, the Italian Greyhound has special requirements for their optimal care; WHEREAS, IGCA has the particular facilities and capabilities to meet these special requirements and render optimal care for this dog under present circumstances; WHEREAS, the City and IGCA wish to establish an arrangement for the temporary possession and are of the Italian Greyhound pending the resolution of the investigation and outcome of the alleged violations' NOW, WHEREFORE, for and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, the parties hereto agree as follows: The City shall temporarily release the Italian Greyhound to IGCA at a time chosen by the City and shall allow IGCA the temporary possession of the Italian Greyhound pending resolution of the investigation and outcome of the alleged violations or until such time as the City requests return of the Italian Greyhound. The City shall take reasonable measures to keep IGCA informed of the health status of the canine within actual knowledge of the City pending transfer, subject to relevant legal requirements. The City shall retake permanent custody upon request of IGCA subject to reasonable notice or anytime IGCA informs them they can no longer provide the level of care required to maintain the canine health and safety. �4 ^II■w,,y■tom(,v }*A R f CONTRACT FOR TEMPORARY POSSESSION OFANIMALS ; `:�7�� Ty s Page 1 of 3 Cifi of Fort Worth and Italian Greyhound Club of America,Inc. 09- i -11 ? '4 : +Y 0JT The City shall provide IGCA as much notice as possible of any relevant directives from the court related to the Italian Greyhound. IGCA agrees without limitation to the following conditions: 1. IGCA shall take temporary custody of the Italian Greyhound and provide veterinary medical care and provide for the daily food, shelter, and other physical needs of the canine. No ownership interest in the Italian Greyhound shall transfer to IGCA, other than as explicitly described herein. 2. During this temporary period of possession IGCA shall not permit or suffer any lien or encumbrance or ownership interest upon the dogs or take any other action inconsistent with the City's right of ownership, custody and control of the Italian Greyhound. IGCA shall comply with all applicable laws related to possession of the dog. 3. IGCA shall return the Italian Greyhound to possession of the City as soon as practicable upon reasonable notice by the City and at the sole discretion of the City. In the event of any disagreement between the City and IGCA as to rights and possession of the dog, IGCA shall return the dog pending the outcome of any negotiations or legal action. 4. IGCA shall provide the City with the name, address, and phone number(s) of each custodian for the Italian Greyhound prior to assuming custody of the animals. IGCA shall also provide the name and phone number of any attending veterinarian. 5. IGCA shall pay all expenses of all medical care, food, shelter, and transportation for the dog, including the cost of any return to the City. 6. IGCA agrees to comply with all orders of the court and comply with the rights of the animal owner and return the animal to the City including records of the medical care and treatment. The Remainder of This Page is Intentionally Left Blank C'ONTRAC'T FOR TEMPORA RFPOSSESSIONOFAN/M.4LS Page 3 o(3 City,of Fort Worth and Italian Greyhound Club of America,Inc. y I SIGNATURE PAGE FOR CONTRACT FOR TEMPORARY POSSESSION OF ANIMALS BETWEEN THE CITY OF FORT WORTH AND ITALIAN GREYHOUND CLUB OF AMERICA, INC. IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. CITY OF FORT WORTH ITALIAN GREYHOUND CLUB OF AMERICA, INC. BY: _- Charle aniels BY:ChrisDani$ls r z Assistant City Manager Director Dated: 499 /z. // APPROVED AS TO FORM WITNESS: AND LEGALITY: LiIL Arthur N. Bashor Assistant City Attorney NO MBrC �L'(� �RED ATTEST: Marty Hendrix City Secretary r3'T'Y itxR.ETARY Q�. 0RTHj TX CONTRACT FOR TEMPORA RYPOSSESSIONOF.4N/MALS Page 3 of 3 Cin,of Fort Worth and Italian Greyhound Club oJAmeric•a,Inc. Chakrathouk, Manivanh From: Hanlan, Scott Sent: Wednesday, September 14, 2011 9:15 AM To: Chakrathouk, Manivanh Subject: RE: Contract: Italian Greyhound Club of America No M&C required. ACM signature is sufficient. Thank you. Scott Hanlan Assistant Code Compliance Director/Health Official 817-392-7204 817-269-6126(cell) From: Chakrathouk, Manivanh Sent: Wednesday, September 14, 20119:06 AM To: Hanlan, Scott Subject: Contract: Italian Greyhound Club of America Hello Scott, Please advise if this contract requires an M&C? If so, please provide a printed hard copy to City Secretary's Office. Thank you, Manivanh.Chakrathoukgfortworth o v.org i