1990-002-RES WHEREAS, the City Council continues to support Police Department in its efforts to effectively activity and
RESOLUTION NO. 90-002
WHEREAS, the City Council continues to support the Paris
Police Department in its efforts to effectively suppress drug
activity and related crimes in the City of Paris; and,
WHEREAS, a trained, narcotic detection tracking dog
would be useful in the City's drug suppression activity;
and,
WHEREAS, citizens interested attaining a drug free
society have pledged to fund the purchase of such a dog; and
WHEREAS, the City Council of the City of Paris finds
that it is in the best interest of the citizens of Paris that
upon purchase of such a dog that it commit to the manning
and maintenance of such dog; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
That the Purchase Agreement in the amount of $3,500.00 with
Texas Canine, Incorporated, in the form of Exhibit A attached
hereto, is in all things approved; and,
BE IT FURTHER RESOLVED, That the Hayor of the City of
Paris, Eric S. Clifford, be, and he is hereby authorized and
directed to execute on behalf of the City of Paris the
Purchase Agreement with Texas Can ine, I ncorpor a ted, for the
purchase of a narcotic detection tracking dog, upon the terms
and conditions and in the form shown in Exhibit A attached
hereto.
Passed and adopted this 8th day of January, 1990.
Eric
ATTEST:
i
/
APPROVED
TO FORM:
~tXAS CANIXE,IJCORPORATED
P.O. Box 27424
Austin, Texas 78755
Texas License 'C-5297
PURCHASE AGREE~EXT
4~ \)
This Agreement made and entered into this 2 q - day of . E"c,. ,
19~, by and between TEXAS STATE K-9 d/b/a/ TEXAS CAXIXE, IXCORPORATED
and~ CITY OF PARIS. PARIS, TEXAS~
, .. .
hereinafter referred to as "purchaser~. Purchaser agrees to purchase
a NPtf(QT Ie l-reQCXIN(,. DOG-
I
Therefore, witnesseth that in consideration of the money to be paid by
purchaser to TEXAS CANINE, IXCORPORATED, purchaser agrees as
follows:
1. TE~AS CAXIXE, IXC. shall provide to
purcllaser r ,..:,". ~':.:- - T'') ',:':;,: ;-'~-:,-;"" ','
, ...J/' . ','_ ,"_ ._.. ". .~, ,
.-. ,..
~ ': :..,
2. Purchaser shall pay the sum of S $.:V;OO.QO which Sum shall
.r eprl..e nt full purchase price of said
dog. ~1:1~O.~ ~lt ~I~Q
\ ., 0.. . N ~ bu~ \jPON D ~LJ\Je:t2.Y
3. TEXAS CAXINE, INC. guarantees that at the time said dog is
delivered to the purchaser, said dog shall be in a mentally sound
condition and free of disease.
a
4.
N
at the request of the purchaser, and that as long as said dog is
maintained in good health, working condition and handled in accordance
with instructions provided by TEXAS CANINE, IXC. to the purchaser, said
dog sh~IJ perform the services
of ti~t2C6TlC 1>G'TECTIf\ rJ ~ND I~t'l ij.G--
5. It is understood by the purchaser that TEXAS CANINE, INC.
cannot be held responsible for performance failure due to one or more of
the follo~.;ing:
(a.) said dog being neglected or abused by purchaser or any
member of his or her family, or
(b.) any illness arising after the delivery of said dog to
the purchaser, or
(c.) failure on the part of the purchaser or any member of
his/her immediate family to handle said dog in strict
accordance with instructions provided prior to release
of said dog to the purchaser, or
(d.) said dog changing handlers or ownership, or
(e.) said dog becoming subject to excessive weight gain or
loss due to incorrect feeding or lack of pro'per e:\e.r-
cise.
EXHIBIT A
6. It is further t'nderstood by the purchaser that TEXAS CANI~E,
I~C. cannot be held resl iible for said dog's personal. its.
7. If within twelve (I2) months from the date of purchase, said
dog fails to perform services as described in section four (4) the
purchaser may elect to:
(a.) return said dog to TEXAS CANINE, I~C. for performance
problem correction and additional handler training or,
(b.) obtain d replacement dog.
8. It is understood by the purchaser that TEXAS CAXIXE, INC.
cannot be held responsible for performance failure after the first twelve
month period from the date ~hich the dog was purchased.
9. It is understood by the purchaser that TEXAS CANINE, INC. will
replace said dog with a dog not older than 3 years of age and not less
than I year of age or within six (6) months of the age of the dog returned
for replacement; and said replacement dog ~ill be of the same value as the
purchase price stated herein unless otherwise noted as
follows:
10. The purchaser agrees that if said dog is euthenized in lieu of
return to TEXAS CAXIXE, IXC., the replacement guarantee described in
section eight (8) is null and void and TEXAS CANINE, IXC. will be under no
obligation whatsoever to replace said dog.
11. The purchaser agrees and understands that TEXAS CANINE, INC.
liability for any error in evaluation of said dog's health and/or degree
of training at time of sale shall not exceed performance problem
correction or replacement of said dog within the first twelve (12) month
period after purchase and in no ~ay whatsoever shall TEXAS CANINE, INC. be
liable for any loss of income, profit, or any consequential damage of any
nature whatsoever.
12. It is expressly agreed on and understood between TEXAS CANINE,
INC. and the purchaser that nothing herein contained shall render TEXAS
CANINE, INC. or its employees, servants, successors and assigns liable for
any damages or injuries caused to persons, property or other animals by
said dog or any replacement dog and the purchaser herein waives any claim
he mayor could have against TEXAS CANINE, IXC. for and by reason of any
damages or dog. Purchaser further agrees to hold TEXAS CANINE, INC.
harmless from any and all liability whatsoever in connection with any
claims to include cost of litigation and attorneys' fees incurred in the
defense thereof. TEXAS CAXINE, INC. shall be entitled to attorney's fees
and costs in any action to enforce the provisions of this agreement.
In witness th~reo}slf~s CAXIN~IXC. an~ purchaser have signed this
aggreement thIS . 'th-na} oL~Et.. . ,19m..
-
TEXAS ~AXr~E, IXCORPORATrn
, .
, - -
In Kitness thereol, "the purchaser has herunto set his hand.
Eric S, Clifford, Mayor
ATTEST:
Signed, and delivered in the presence of ~itness
Mattie Cunningham, City Clerk