HomeMy WebLinkAboutContract 44524 (2)- -_ -.�i
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Bill of Sale and Waiver and Release of Claims in Connection with Retirement of
One Fort Worth Police Department Mounted Patrol Horse
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This bill of sale and waiver and release of claims, between the City of Fort Worth,
by and through its police department ("City") and CORPORAL BONNIE KENJLJRA
("Handler") (collectively "Parties") sets forth the terms regarding the transfer of
ownership of Lanham ("Horse") from the City to the Handler, and the cessation of related
care, maintenance, and assignment pay formerly paid to the Handler.
Handler has requested that the City allow him/her to take ownership of the Horse,
and the City has agreed to transfer ownership of the Horse to the Handler because the
Horse has minimal value to the City and is no longer fit for service due to the age and
deteriorating condition of the Horse. As of the effective date of this bill of sale and
waiver and release of claims, the Horse shall not perform any worlc for the City or be
used in connection with any work performed on behalf of the City. If the Handler is not
being assigned another Horse to use in connection with police work on behalf of the City,
then any special assignment pay will also cease as of the effective date of this bill of sale
and waiver and release of claims.
Handler is advised, and hereby understands, acicnowledges, and agi-ees, that upon
execution of this bill of sale and waiver of release of claims, all care and maintenance
costs paid by the City to the Handler and related to this Horse SHALL CEASE and that
ALL expenses, including, but not limited to, boarding, farrier services, feeding,
grooming, veterinary care related to the Horse, and costs for disposition of the Horse
upon death shall be the SOLE responsibility of Handler, even if the veterinary cai-e is
i-equired due to an injury that occurred while the Horse was still in the service of the City.
In consideration of the public benefit that the Horse's boarding, fai-�-ier se�vices,
feeding, grooming, and veterinary care, and disposition costs will no longer be boine by
the City, City has granted, transferred, conveyed and delivered, and by these presents
does grant, transfer, convey and deliver to Handler all of City's right, title and interest in
and to the Horse described as follows:
1) "Lanham," a twenty-six-year-old bay quarter horse gelding with a
white star and strip on his face and a longhorn brand on his left
hip.
Bill of Sale and Waiver and Release ofClaims in Connection with Retirement of
One Fort Worth Police Deparmient Mounted Patrol Harse
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CITY MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER� EXPRESS
OR IMPLIED, WITH RESPECT TO THE HORSE, INCLUDING WARRANTIES CONCERNING
THE PHYSICAL CONDITION, HEALTH OR SOUNDNESS OF THE HORSE, OR WARRANTIES
OR REPRESENTATIONS WITH RESPECT TO THE MERCHANTABILITY OR FITNESS OF THE
HORSE FOR ANY PARTICULAR PURPOSE, ALL OF WHICH WARRANTIES OR
REPRESENTATIONS ARE HEREBY SPECIFICALLY DISCLAIMED AND EXCLUDED. CITY
AND HANDLER HEREBY ACKNOWLEDGE THAT THE HORSE IS TRANSFERRED "AS IS"
AND "WITH ALL FAULTS". HANDLER ACKNOWLEDGES THAT IT HAS CONDUCTED SUCH
INVESTIGATIONS AND INSPECTIONS, INCLUDING THE USE OF
VETERINARIAN, IT DEEMS APPROPRIATE� AND IS SATISFIED WITH
CONDITION AND SUITABILITY FOR HANDLER'S INTENDED PURPOSE(S�.
A QUALIFIED
THE HORSE'S
Handier, his or her heirs and assigns, do hereby FOREVER RELEASE AND
WAIVE all losses and claims against the City and its officers, agents and employees, for
injuries, death or property damage which may arise from Handier's acquisition of the
Horse made the subject of this agreement. This Waiver and Release is intended to release
and forever discharge the City and its officers, servants, agents and employees from any
and all claims, actions, causes of action, damages, losses or expenses, including
attorney's fees, whether real or asserted, of every kind or character, arising from the
acquisition of the Horse. This waiver is intended to release the City and its of�icers,
servants, agents and employees even if said injuries, death or other damages are
caused in whole or in part by the alleged acts of commission, omission, negligence or
fault of the City and its officers, servants, agents or employees. Handler, his or her
heirs and assigns, hereby assume all responsibility and liability for all injuries or
damages, including death, that may arise under Handler's ownership of the Horse and
hereby covenant not to sue the City or its officers, agents or employees for such injuries
or damages.
Handler further agrees to indemnify, defend and hold harmless the City, its
officers, employees, agents and assigns from all claims and causes of action foi• costs or
damages, including all costs, expenses and legal fees in defending any property damage
claims directly or indirectly ath•ibutabie to Handler's acquisition of the Horse at issue.
This indemnity provision (including, without limitation, indemnity for costs,
expenses and legal fees) is specifically intended to operate and be applicable even if
it is alleged or proven that all or some of the damages being sought were caused in
whole or in part by any act of omission, commission, negligence, gross negligence, a
breach of contract, intentional conduct, violation of state or common breach of
warranty, product defect, strict product liability, or any other conduct whatsoever
of the City.
Bill of Sale and Waiver and Release of Claims in Connection with Retirement of
One Fort Worth Police Depariment Mounfed Patrol Horse
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Both pai-ties agree to make any and all a�-�angements to ensui•e that any
registrations related to the Horse are transfeiti•ed from the City or the Fort Worth Police
Department into the Handler's name and that the Horse is transferred to Handler's
possession at the sole expense of Handler.
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Dated this j� �-�. day of '�_, ;'' �:� _, 2013.
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By.
Ch;
Assistant City Manager
Date: 1i(. D� . �,3
APPROVAL RECOMMENDED:
By: w• �
Jeffi-ey W. alstead
Chief of Police
Date: �i" y/,3
APPROVED AS TO FORM
AND LEGALITY:
By: �'
Jessica S�
Assistant
gsvang
ity Attorney
Contract Authorization:
M&C: ��
Date Approved:
ATTEST:
By: / // l
Mary J. I�ayse
City Secretary
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HANDLER:
By: �� %
Colporal onnie Kenjura
Date:
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Bill of Sale and Waiver and Release of Claims in Connection with Retirement of
One Fart Worth Police Depar6ment Mounted Patrol Horse
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