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Home My WebLink AboutContract 44046 (2)CANINE LEASE AGREEMENT - PAGE 1 0 CITYorrSECRETARY cN��/i� CANINE LEASE AGREEMENT This Canine Lease Agreement ("Agreement") is made by and between the Fort Worth Police Department K9 Support Group ("Support Group") and City of Fort Worth ("City"), by and through its Police Department ("FWPD") both acting herein by and through their duly authorized representatives as of the - day of EA , 2013 ("Effective Date"). Witnesseth: Whereas, the Support Group is a Texas non-profit corporation whose stated purpose is to engage in the promotion and support of the FWPD K9 Unit and it's retired police service dogs; and Whereas, the City 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 Now therefore, for and in consideration of the premises and the mutual covenants herein contained, the City and the Support Group agree as follows: 1. Lease of Canines a. Identification of Relevant Animals. The Support Group agrees to lease the following canines (collectively "the Relevant Animals") to the City as of the Effective Date: 1) "Nico," a 23 month old Belgian Malinois, intact male, dark rust and black sable tip colors. Approximate value is $10,500.00; and 2) "Loki," an 18 month old Belgian Malinois, neutered male, honey colored. Approximate value is $8,500.00. b. Payment and Duration of Lease. In return, the City shall pay an annual lease payment of One Dollar ($1.00). The lease term will commence upon the delivery of the canines to the City and will extend for 365 days thereafter. The lease will automatically renew annually for 365 day periods until the retirement of the Relevant Animals or until the Agreement is terminated by either party. a. Location of Relevant Animals. The Relevant Animals are in the care, custody and control of the FWPD as of the Effective Date. b. 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. The -v- - Ani Tals were examined by a veterinarian WICIAL�� °, tiro WSEQCRRTETR,AR' oI-J I_1 3 pQa 03 IN within the first week of acquisition by the K9 Support Group, and have a 1-year health and perfoiuuance degree from the kennels from which they were acquired. c. Inspection and Acceptance. The FWPD has performed all desired pre -lease inspections and pre -lease veterinary examinations relating to the FWPD's decision to lease the Relevant Animals. The FWPD has accepted the condition 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 LEASED "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). d. Liability THE SUPPORT GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY INJURIES OR DAMAGE TO PROPERTY CAUSED BY THE RELEVANT ANIMALS, TO PERSONS, PROPERTY OR OTHER ANIMALS. THIS INCLUDES DAMAGE CAUSED BY THE RELEVANT ANIMALS IN PERFORMANCE OF THEIR DUTIES. e. Registration. The Support Group has registered the Relevant Animals via microchipping. The Support Group is not responsible for any additional documentation. f. Title. Title to the Relevant Animals shall remain in the possession of the FWPD K9 Support Group. 2. Retirement of the Relevant Animals. Upon a ruling by the instructor/trainer or Unit Sergeant, the Relevant Animals shall be retired from service. Upon retirement from service, the Relevant Animals shall be returned to the Support Group. 3. Termination Notices: Notices concerning the termination of this Agreement alleged or actual violations of the terms or conditions of this Agreement, and other notices that may or should be given to either party under this Agreement will be made in writing to each party as follows: CANINE LEASE AGREEMENT - PAGE 2 OF 4 For Notice to the CITY: The Chief of Police Fort Worth Police Department 350 West Belknap Street Fort Worth, TX 76102 With copies to: Police Legal Advisor 350 W. Belknap St. Fort Worth, Texas 76102 For notice to the SUPPORT GROUP: Fort Worth Police Department K9 Support Group 131 Man O War Burleson, TX 76028 Attention: Carlson Thompson 4. Entire Agreement. 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. 5. Severability. Any article, section, part of a section or provision of any section of this Agreement 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 Agreement, 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. 6. Amendments. The terms and provisions of this Agreement may not be modified or amended except upon the written consent of both parties. 7. Headings. The headings of the articles, sections and provisions of this Agreement have been added for convenience only and shall not be deemed to be a controlling part of this Agreement 8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 9. Authorization. By executing this Agreement, the Support Group's representative affirins that he is authorized by the Support Group to execute this Agreement 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. CANINE LEASE AGREEMENT - PAGE 3 OF 4 ACCEPTED AND AGREED : CITY OF FORT WORTH By: Char1Daniels Assistant City Manager Date: 0/. !/. /4,3 Lee - Approval Recommended: By: JeffreyHalstead Chief of Police Date: i s RA FORT WORTH POLICE DEPARTMENT K-9 SUPPORT UNIT, a Texas non-profit corporation Approved as to For and Legality: By: Jessica ngsvang Assistant City Attorney Date: Attest: By: Mary Kayser City Secretary S 3 Contract Authorization M&C No. (,‘ raP UZL Date�-- /0 � o peas we o ri o 'GE% 0 00.00.00cist 41/41171"ere By: Carlson B. Thomps President § Elmo 0 Lich , % Ao p� �{ Q �rty4 CANINE LEASE AGREEMENT - PAGE 4 OF 4 • OFFICIAL RECORD I CITY SECRETARY FtWORTh,Th M&C Review Page 1 of 1 CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 12/18/2012 Official site of the City of Fort Worth, Texas Fo RT %%O RT 11 DATE: 12/18/2012 REFERENCE NO.: **C-26022 LOG NAME: 35CANINE LEASE COD r;: C TYPE: CONSENT PUBLIC NO HEARING: SUDJE.CT: Authorize Execution of a Canine Lease Agreement with the Fort Worth Police Department K9 Support Group for an Annual Cost of One Dollar (ALL COUNCIL DISTRICTS) RFCOMMENDATION: It is recommended that the City Council authorize the execution of a canine lease Agreement with the Fort Worth Police Department K9 Support Group for an annual cost of one dollar. DISCUSSION: The Fort Worth Police Department K9 Support Group (Support Group) is a Texas non-profit corporation whose stated purpose is to engage in the promotion and support of retired canines from the Fort Worth Police Department's (FWPD) K9 Unit. Since its formation, the Support Group has provided canines to the FWPD for use by FWPD's K9 Unit. The Support Group has agreed to lease the following canines to the FWPD for an annual cost of one dollar: 1. "Nico," a 23 month old Belgian Malinois, intact male, dark rust and black sable tip colors. Approximate value is $10,500.00; and 2. "Loki," a 18 month old Belgian Malinois, neutered male, honey colored. Approximate value is $8,500.00. The FWPD affirms that it has performed all desired pre -lease inspections and pre -lease veterinary examinations. The FWPD has accepted the condition of the canines and finds them to be suitable for the FWPD's intended use(s). FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available, in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 522030 0356302 $1.00 Submitted for City Manager's Office by: Charles Daniels (6199) Originating Department Head: Jeffrey W. Halstead (4231) Additional Information Contact: Aya Ealy (4239) ATTACHMENTS http://apps.cfwnet.org/council packet/mc_review.asp?ID=17732&councildate=12/18/2012 1/3/2013