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HomeMy WebLinkAboutContract 42171clTY SECRThRY. EQUINE DONATION AND TRANSFER DOS11GlMAC''T This Equine Donation and Transfer Document ("Document") is made by and between the City of Fort Worth, by and through its Police Department ("FWPD") and Citizens Support Group for the Fort Worth Police Mounted Patrol, a Texas non-profit corporation (the "Support Group") (collectively "the Parties"), both acting herein by and through their duly authorized representatives as of the aNDday of nut vs J- , 2011 ("Effective Date"). Witnesseth: Whereas, the Citizens Support Group for the Fort Worth Police Mounted Patrol is a Texas non-profit corporation whose stated purpose is to engage in the promotion and support of the FWPD Mounted Patrol Unit; and Whereas, the City of Fort Worth is a municipal corporation existing under the Constitution and laws of the State of Texas and by home rule Charter, operating for purposes herein through its Police Department; and Whereas, since its formation, the Support Group has donated equipment and supplies to the FWPD for use by the FWPD Mounted Patrol Unit; and Whereas, the special maneuverability of the mounted officers enables them to effectively patrol area malls, hospital parking lots, downtown, and residential areas, and they have proven to be especially useful in searching rugged terrain for lost or deceased persons; and Whereas, the Support Group owns a number of horses which have been loaned to the FWPD for use by the FWPD Mounted Patrol Unit; and Whereas, the Support Group desires to no longer loan horses to the FWPD but instead to donate and transfer ownership of nine (9) horses to the FWPD for use by the FWPD Mounted Patrol Unit; and Whereas, the FWPD desires to take ownership of the nine (9) horses for the use of the FWPD Mounted Patrol Unit; and Whereas, the Parties wish to memorialize their understanding with regard to the Support Group's donation of horses to the FWPD. Now Therefore: For and in consideration of the premises and the mutual covenants herein contained, FWPD and the Support Group agree as follows: 08-25-1 1 PO4:29 IN EQUINE DONATION AND TRANSFER DOCUMENT — Page 1 of 6 1260084.2 i i OFFICIAL RECORD: CITY SECRETARY FT. WORTH, TX 1 Donation of Horses a. Identification of Relevant Animals. The Support Group agrees to donate and transfer ownership of the following horses (collectively ` the Relevant Animals") to the FWPD as of the Effective Date: 1) "Justin", a 2001 bay quarter horse gelding with a white star and strip on his face and a brand on his left hip; 2) "Tick", a 1990 bay quarter horse gelding with a white blaze on his face; a white sock on his right, front limb a white coronet on his left, rear limb and a white stocking on his right, rear limb; 3) "Rooster", a 1996 sorrel quarter horse gelding with a white blaze on his face white socks on his left, front and right, front limbs; and a white stocking on his left, rear limb; 4) "Scooter", a 2001 bay quarter horse gelding with a white sock on his right rear limb; 5) "Axel", a 2000 sorrel quarter horse gelding with a white star on his face and a white coronet on his left, rear limb; 6) "Lanham", a 1987 bay quarter horse gelding with a white star and strip on his face and a brand on his left hip; 7) "Ralph", a 1994 sorrel quarter horse gelding with a white star and strip on his face and a white sock on his right, rear limb; 8) "Sonny", a 1998 sorrel quarter horse gelding with a white star and strip on his face and three white spots on his left wither; and 9) "Cass", a 2000 bay quarter horse gelding with no white markings. b. Location of Relevant Animals. The Relevant Animals are in the care, custody and control of the FWPD as of the Effective Date. c. Veterinary Records and Identification Documents. The FWPD, as of the Effective Date, is in possession of copies of all known veterinary records related to the Relevant Animals, including but not limited to any VS Form 10-11s (otherwise known as "Coggin certificates") and other health certificates. d. Inspection and Acceptance. The FWPD has performed all desired pre -donation inspections and pre -donation veterinary examinations relating to the FWPD's decision to accept the Relevant Animals. The FWPD has accepted the condition EQUINE DONATION AND TRANSFER DOCUMENT — Page 2 of 6 1260084.2 of the Relevant Animals and finds them to be suitable for the FWPD's intended use(s). THE SUPPORT GROUP MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE RELEVANT ANIMALS, INCLUDING WARRANTIES CONCERNING THE PHYSICAL CONDITION, HEALTH OR SOUNDNESS OF THE RELEVANT ANIMALS, OR WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE MERCHANTABILITY OR FITNESS OF THE RELEVANT ANIMALS FOR ANY PARTICULAR PURPOSE, ALL OF WHICH WARRANTIES OR REPRESENTATIONS ARE HEREBY SPECIFICALLY EXCLUDED. THE SUPPORT GROUP AND FWPD ACKNOWLEDGE THAT THE RELEVANT ANIMALS ARE DONATED AND TRANSFERRED "AS IS" AND "WITH ALL FAULTS". FWPD ACKNOWLEDGES THAT IT HAS CONDUCTED SUCH INVESTIGATIONS AND INSPECTIONS, INCLUDING THE USE OF A QUALIFIED VETERINARIAN, IT DEEMS APPROPRIATE, AND IS SATISFIED WITH THE RELEVANT ANIMALS' CONDITION AND SUITABILITY FOR FWPD'S INTENDED PURPOSE(S). e. Registration. The Support Group will not be responsible for signing, locating, obtaining or providing any documentation related to the registration of the Relevant Animals with the American Quarter Horse Association ("AQHA') or any other breed registry. f. Title. Title to the Relevant Animals shall vest in the FWPD upon the Parties' execution of the Gift Bill of Sale attached as Exhibit 'A" to this Document. 2. Decisions Relating to the Relevant Animals. All decisions related to the Relevant Animals, including but not limited to training, care, turn -out, utilization, retirement, sale and subsequent donation, will be made by FWPD personnel from and after the Effective Date. 3. FWPD's Future Acquisition of Horses. a. Support Group's Future Purchase of Horses. It is anticipated, but not promised, that the Support Group will continue to purchase horses for the FWPD Mounted Patrol Unit in the future However, in the future, the Support Group will not maintain title to the horses and lend them to the FWPD. Instead, to the extent the Support Group elects in its sole discretion to financially assist the FWPD Mounted Patrol with the purchase of horses, the Support Group shall pay the seller for the horse and cause title to the horse to be transferred directly to the FWPD from the seller through a bill of sale. The Support Group will not take possession of any horses purchased for the FWPD The FWPD will take possession of purchased horses directly from the seller or the seller's agent. b. Inspection and Acceptance of Purchased Horses. For any future horse purchases funded by the Support Group, the FWPD will conduct all desired inspections, veterinary exams, and pre -purchase try out rides prior to the Support Group's EQUINE DONATION AND TRANSFER DOCUMENT — Page 3 of 6 1260084 2 funding of the purchase of the horses. Once the FWPD has concluded that a horse meets its needs and has made a final decision to acquire a horse, the FWPD will cause a letter to be sent to the Support Group informing the Support Group in writing of the FWPD's selection of a horse for purchase, and requesting that the Support Group financially assist the FWPD in the purchase of the horse. The Support Group may, but is not obligated to, pay the seller for the horse and cause title to the purchased horse to be transferred directly to the FWPD from the seller through a bill of sale. The Support Group will not inspect, examine, or take possession of any veterinary records, health certificates, registration papers, or any other paperwork related to FWPD horse purchases funded by the Support Group, except that the Support Group may, at its sole discretion, keep a copy of the bills of sale for its records. c. Decisions Relating to Purchased Horses. With respect to any Support Group funding of purchases of horses for the FWPD in the future, all decisions, including but not limited to identification of the horses to be purchased, acceptance, training, care, turn -out, utilization retirement, sale and subsequent donation, will be made by FWPD personnel. The Support Group will not make any decisions whatsoever about horses purchased for the FWPD except that the Support Group will have the right to determine whether or not it will pay the purchase price for horses selected for acquisition by the FWPD. d. Third -Party Donation of Horses to FWPD. Should a third -party wish to donate a horse to the FWPD Mounted Patrol Unit in the future, the FWPD will cause the title to the donated horse to be transferred directly from the third -party donor to the FWPD through a gift bill of sale. The Support Group will not take possession of any horses donated by a third -party to the FWPD. The FWPD will take possession of donated horses directly from the donor or the donor's agent. The Support Group will not inspect, examine, or take possession of any veterinary records, health certificates, registration papers, or any other paperwork related to horses donated by third parties to the FWPD. All decisions relating to horses donated by third -parties to the FWPD in the future, including but not limited to acceptance, training, care, turn -out, utilization retirement, sale and subsequent donation, will be made by FWPD personnel. The Support Group will not make any decisions whatsoever about horses that third -parties might donate to the FWPD in the future. 4. Notices. Notices related to this Document shall be mailed to the persons occupying the positions and at the addresses listed below: For FWPD: For the Support Group: EQUINE DONATION AND TRANSFER DOCUMENT — Page 4 of 6 1260084.2 The Chief of Police Fort Worth Police Department 350 West Belknap Street Fort Worth, TX 76102 Citizens Support Group for the Fort Worth Police Mounted Patrol P.O. Box 150 Fort Worth, Texas 76101 Attention: President 5. Entire Document. With respect to the subject matter addressed herein, this writing embodies the entire understanding between the parties and supersedes all prior agreements and understandings related to such subject matter. 6. Severability. Any article, section, part of a section or provision of any section of this Document held to be void, invalid, unenforceable, or illegal in any jurisdiction shall be ineffective to the extent that such invalidity or unenforceability invalidates or renders unenforceable the remaining Articles, sections and provisions of the Document, which shall remain in full force and effect. To the extent permitted by law, any determination of invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction 7. Amendments. The terms and provisions of this Document may not be modified or amended except upon the written consent of both parties. 8. Headings. The headings of the articles, sections and provisions of this Document have been added for convenience only and shall not be deemed to be a controlling part of this Document. 9. Governing Law. This Document shall be governed by and construed in accordance with the laws of the State of Texas. 10. Authorization. By executing this Document, the Support Group's officer affirms that he is authorized by the Support Group to execute this Document and that all representations made herein with regard to the Support Group's identity, address and legal status (corporation, partnership, individual, etc.) are true and correct. EQUINE DONATION AND TRANSFER DOCUMENT — Page 5 of 6 1260084 2 CITY OF FORT WORTH By: Date: CITIZENS SUPPORT GROUP FOR THE FORT WORTH POLICE MOUNTED PATROL, a Texas non-profit corporation By: 74e0SV arles Daniels W. R. "Bob" Watt, Jr. Assistant City Manager President aB. 25. ii Approv,d as to Fjt;m and Legality: By: Jessica nn svangL 4 Assistant Cit Attorney y Date: SI Z3 ) Attest: By: City Secretary Contract Authorization M&C No. Ga fa/ r Date: it w y ffs00000cio 000000 ,* 47-\°9414 ?) Qt; 74\ C:?°ecro oe.ytug %,$)*-% t]n se 9 'kb rocfr7 t2 ow/ OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EQUINE DONATION AND TRANSFER DOCUMENT — Page 6 of 6 1260084.2 Exhibit "A" To Equine Donation and Transfer Document GIFT BILL OF SALE This Gift Bill of Sale is entered into this.? Aro day of tars t 2011, by Citizens Support Group for the Fort Worth Police Mounted Patrol, a Texas non-profit corporation, ("Donor") and the City of Fort Worth by and through its Police Department ("Donee"). In consideration of the public safety efforts of the Donee, Donor has granted, transferred, conveyed and delivered, and by these presents does grant, transfer, convey and deliver to Donee all of Donor's right, title and interest in and to the nine (9) horses described as follows (collectively, the "Horses"): 1) "Justin", a 2001 bay quarter horse gelding with a white star and strip on his face and a brand on his left hip; 2) "Tick", a 1990 bay quarter horse gelding with a white blaze on his face; a white sock on his right, front limb; a white coronet on his left, rear limb and a white stocking on his right, rear limb; 3) "Rooster", a 1996 sorrel quarter horse gelding with a white blaze on his face; white socks on his left, front and right, front limbs; and a white stocking on his left, rear limb; 4) "Scooter", a 2001 bay quarter horse gelding with a white sock on his right rear limb; 5) "Axel", a 2000 sorrel quarter horse gelding with a white star on his face and a white coronet on his left, rear limb; 6) "Lanham", a 1987 bay quarter horse gelding with a white star and strip on his face and a brand on his left hip; 7) "Ralph", a 1994 sorrel quarter horse gelding with a white star and strip on his face and a white sock on his right, rear limb; 8) "Sonny", a 1998 sorrel quarter horse gelding with a white star and strip on his face and three white spots on his left wither; and 9) "Cass", a 2000 bay quarter horse gelding with no white markings. GIFT BILL OF SALE - PAGE 1 OF 2 1260084.2 DONOR MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE HORSES, INCLUDING WARRANTIES CONCERNING THE PHYSICAL CONDITION, HEALTH OR SOUNDNESS OF THE HORSES, OR WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE MERCHANTABILITY OR FITNESS OF THE HORSES FOR ANY PARTICULAR PURPOSE, ALL OF WHICH WARRANTIES OR REPRESENTATIONS ARE HEREBY SPECIFICALLY EXCLUDED. DONOR AND DONEE HEREBY ACKNOWLEDGE THAT THE HORSES ARE DONATED AND TRANSFERRED "AS IS" AND "WITH ALL FAULTS". DONEE ACKNOWLEDGES THAT IT HAS CONDUCTED SUCH INVESTIGATIONS AND INSPECTIONS, INCLUDING THE USE OF A QUALIFIED VETERINARIAN, IT DEEMS APPROPRIATE, AND IS SATISFIED WITH THE HORSES' CONDITION AND SUITABILITY FOR DONEE'S INTENDED PURPOSE(S). Dated this aiv,D DONEE: CITY OF FORT WORTH By: (e' LCharles Daniels Assistant City Manager Date: D$. day of �u3 r , 2011. App4t93flQ d as to Form and Legality: By: nY Qpssica Sar�igs�vang 1 Assistant City Attorney Date: 91 Z R Attest By: \ City Secretary Contract Authorization M&C No173 UJ GIFT BILL OF SALE - PAGE 2 OF 2 1260084.2 DONOR: CITIZENS SUPPORT GROUP FOR THE FORT WORTH POLICE MOUNTED PATROL, a Texas non-profit corporation By: 7-41 W. R. "Bob" -- . tt, Jr. President Date: g' - o?- o?D/% of s �4 o� 00000 N4 Oo° ©� o a� 0e o %'.4) 6Pi %i\DOOo0000©oIC, ¶rEX�te OFFICIAL RECORD CITY SECRETARY FT, WORTH, TX City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/23/2011 DATE: Tuesday, August 23, 2011 LOG NAME: 35HORSEDONATION2 SUBJECT: REFERENCE NO.: G-17368 Accept Donation of Nine Horses from the Citizens Support Group for the Fort Worth Police Department's Mounted Patrol Unit (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the acceptance of nine donated horses from the Citizens Support Group for the Fort Worth Police Department's Mounted Patrol Unit DISCUSSION: Since 1987 the Support Group for the Fort Worth Police Department's Mounted Patrol has worked with the City of Fort Worth to provide horses trailers and various other items in support of the Police Department's Mounted Patrol Unit The Mounted Unit is tasked with the patrol of the Stockyards area, parking lots, mall areas, downtown and is especially useful in searching rugged terrain for missing persons The Fort Worth Police Department has conducted all relevant pre —donation inspections and veterinary examinations related to the animals and have found them suitable for the intended use. A Transfer Agreement will be executed between the Citizens Support Group and the City of Fort Worth to transfer title of the animals to the City. FISCAL INFORMATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bv: Charles Daniels (6199) Originating Department Head: Jeffrey W. Halstead (4231) Additional Information Contact: Shallah Graham (4229) ATTACHMENTS No attachments found.