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HomeMy WebLinkAboutContract 24448 CITY SECRETARY CONTRAST NO, PROFESSIONAL SERVICE AGREEMENT WHEREAS, on September 8, 1998, the City Council of the City of Fort Worth ("the City") approved the Fort Worth Herd Program ("the Program") through the adoption of the 1998-1999 budget of the Cultural and Tourism Fund; and WHEREAS, the Program requires the use of six trained horses; and WHEREAS, Mr. Lanham Riley("Contractor") has agreed to provide the required professional services with regard to supplying the horses needed for the Program; and WHEREAS, the City and Contractor mutually desire to enter this agreement ("Agreement") whereby for the consideration stated, the Contractor will provide, furnish and perform these services as further detailed below. NOW THEREFORE, for and in consideration of the mutual covenants, promises and agreements contained herein, the City, acting by and though Libby Watson, its duly authorized Assistant City Manager, and the Contractor do hereby agree as follows: 1. Contractor shall purchase for the City six (6) 4-12 year old Geldings with disposition, soundness and handle to perform ranch work in the tourist-related environment of the Program. 2. Contractor shall provide the City with the appropriate Coggin's Test documents performed on any selected horse within six months immediately preceding the City's acceptance of the horse at no cost to the City. Further, if said test has not been perfortried within the required six month period, Contractor shall, at Contractor's sole expense, submit the selected horse for a Coggins' Test before the City's acceptance of ,I v kx Professional Service Agreement-Herd Pro rain 1 I— 3. After Contractor selects a certain horse but before the City accepts it, Contractor shall provide boarding for the horse for a period not longer than thirty (30) days and for an amount not to exceed $7.00 per day to be paid by the City. During this period, Contractor shall prepare the horse to participate in the Program to the satisfaction of the City. 4. After Contractor selects a certain horse, the City shall, at its own expense, present the horse to a licensed veterinarian selected by the City for a regular check-up before accepting it. If the check-up indicates that said horse is not fit for the Program for any reason, the City may return the horse to Contractor without incurring any additional expenses. 5. Contractor shall extend to the City a sixty (60) day unconditional return guarantee ("Guarantee Period") on any horse provided by Contractor after the City's acceptance of it. If during the Guarantee Period, the horse is deemed unfit for the Program at the City's sole discretion, the City may return the horse to Contractor without incurring additional expenses. 6. Contractor will receive professional service fee of $500.00 per horse payable upon the City's acceptance of it. However, if any horse is deemed unfit for the Program after acceptance and a replacement is requested within the Guarantee Period, the City shall not be required to pay any additional service fee for the replacement. 7. In addition to the professional service fee, the City shall pay the Contractor for the horses at a price mutually agreed by the City and Contractor at the time of the City's acceptance of the horse. However, if any horse is deemed unfit for the Program at the sole discretion of the City after its acceptance and a replacement is requested within Professional Service Agreement-Herd Program '.1 the Guarantee Period, the City shall pay only the difference in price between that of the original horse and its replacement. If such replacement horse costs less than the previous one provided by Contractor, Contractor agrees to reimburse the City the difference immediately upon request. 8. Title to a horse shall vest in the City upon its acceptance of the horse. 9. If the City requests a replacement of any horse after the Guarantee Period, the replacement shall be treated as a new purchase in accordance with the provisions of this Agreement. 10. The City may, at its sole discretion, reimburse Contractor for additional costs and expenses related to the Program but not specifically identified in this Agreement, provided that Contractor submits a written request with evidence of the costs and expenses incurred by him. 11. After the purchase and acceptance of the initial six horses, Contractor shall provide additional horses for the City under the same terms and conditions stated in this Agreement if such need arises. The City and Contractor may also agree to replace one of the existing horses from time to time as needed under the same terms and conditions stated in this Agreement. 12. Contractor shall assist the City in selling or disposing the replaced horse in a manner consistent with the normal and customary methods used by the horse trade business. 13. This Agreement shall take effect on 1998 and expire on '- - 41 , 2003, provided that the Program receives its annual funding for the five year period. It may be terminated by either party upon a thirty (30) day written Professional Service Agreement-Herd Program 3 notice to the ether. This Agreement may be extended by mutual agreement in writing between the City and Contractor. CITY Ot,17ORT WORTH CONTRACTOR By.p `Assistant City Manager y Lanham Riley Approved as to form and legality s Assistant City A orney ' ATTESTED 1 / 6 contract Authorization -7 �� n. Dale Professional Service Agreement-Nerd Program 4 City of Fort Worth, Texas _5��7 qvaffor a"d cou"Cit DATE REFERENCE 6VUMBER-­_1_LOG NAME PAGE 80HORSEQ 11117198 **C-1 7136 1 of I SUBJECT PROFESSIONAL SERVICES CONTRACT WITH LAND AM RILEY TO PROVIDE HORSES FOR THE FORT WORTH HERD PROGRAM RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Lanham Riley for the procurement of horses for the Fort Worth Herd Program. The Fort Worth Herd Program was established through the adoption of the 1998-99 budget of the Cultural and Tourism Fund. Funds totaling $18,000 have been allocated for the selection, testing, boarding and purchase of horses. Contractor will initially provide six horses that have the health and I disposition to perform in a tourist-related environment. The term of the recommended contract would be for five years, and it may be extended upon mutual agreement between the parties. This program is located in COUNCIL DISTRICT 2. FIB ALjNED_RMAjQVLQERTffjQATM: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Cultural and Tourism Fund. LW:k Submitted for City Menage's FUND ACCOUNT CENTER _7_A,,V10_UNT MY SECRETARY Office by- (to) A "VED PPRO ibby Wamon 6183 0 T. Y COUNUL Originating Departmtnt Head- Mimi 17 Richard Zava!a 57041 Mom) �10240�f _G=04 -7_5220190 0240700 S18,000,00 us: Aii-d1titi�aiiZal IJ n mation Contact: City sw-metary CA-, the My Richard Zavala 5704