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HomeMy WebLinkAboutC23-368 The Next Level Canine InstituteEAGLE COUNTY PURCHASE AGREEMENT One Single-Purpose Narcotic Detector Dog THIS AGREEMENT is made on December 1, 2023 between The Next Level Canine Institute “(NLK9”), a Utah Corporation with the physical address of 9717 Port Orange Lane, Las Vegas, NV 89134 and mailing address of 6858 North 12125 East Lapoint, UT 84039, and the Eagle County, Colorado on behalf of the Sheriff’s Office (ECSO), and the two entities may also be referred to as the “Parties”. . RECITALS: WHEREAS, Eagle County desires to purchase a single-purpose narcotic detector dog (hereinafter the “K-9”). WHEREAS, NLK9 is a qualified professional company who is able to provide trained and capable K-9s for this purpose, as well as additional K-9 and handler training after delivery of the K-9; and NOW, THEREFORE, for and in consideration of the mutual covenants made herein, the Parties agree as follows: AGREEMENT: 1. NLK9’s Obligations. a. NLK9 agrees to provide one pretrained K-9 suitable for further law-enforcement and K- 9/handler training and certification as a single-purpose narcotic detector dog. The K-9 will be of a suitable breed as defined in section “3” of this agreement. b. NLK9 agrees and will provide the K-9 within thirty (60) days of the execution of this agreement. c. NLK9 agrees to transfer all ownership rights of the chosen K-9 to the ECSO upon delivery to and acceptance of the K-9 by the ECSO. d. NLK9 agrees to warranty the K-9 for a period of twenty-four months (24) months from the delivery of the subject K-9 against any currently unknown but existing physical defect or any genetic of hereditary issues that would make the K-9 ineffective as a single-purpose narcotic detector dog. Traumatic injuries incurred during the 24-month period are not warrantied. e. NLK9 agrees to warranty that the K-9 is compatible with its chosen handler or handlers, or any other member of the department for a period of six (6) months from the delivery and acceptance of the K-9. Compatibility determinations are at the sole discretion of the ECSO. DocuSign Envelope ID: 29A1098B-9095-4C9E-AB98-07A3491A533F f. NLK9 agrees to warranty that the K-9 is suitable and workable for the ECSO needs for a period of six (6) months from the delivery of the K-9. Workability issues are at the sole discretion of ECSO g. If ECSO chooses to exercise the warranties described in this section’s subsections d, e, or f, NLK9 agrees to provide a suitable replacement within ninety (90) days of the return of the subject K-9. If NLK9 is unable to provide a suitable replacement within that time, NLK9 shall issue a full refund of the purchase price of the K-9. h. If a replacement is provided the warranties described in this section’s subsections d, e, or f, will be reinstated and the time periods will run from the date of delivery and acceptance of the replacement K-9. i. NLK9 will provide a training program at a mutually agreeable time after delivery and acceptance of the K-9, which consists of 7-week, 240-hour training course for the K-9 and handler(s) designated by the ECSO (the “Training Program”). The Training Program is guaranteed to produce a certified K-9 handler team. The team will be certified upon completion of the Training Program. 2. County’s Obligations. a. In consideration for the K-9 and the Training Program, and subject to the warranties and guarantees provided herein, ECSO agrees to pay eleven thousand five hundred dollars , ($11,500.00). b. ECSO agrees to pay that amount, in full, upon the delivery and acceptance of the K-9. County shall be under no obligation to pay any compensation to NLK9 if the K-9 is not accepted upon delivery. NLK9 shall refund applicable amounts paid in the event the Training Program, as defined below, is not timely provided by NLK9. 3. Definitions. a. Single Purpose Narcotics Detector Dog is defined as a canine, age 12-24 months, that is suited for the detection of illicit drugs and narcotics such as but not limited to heroin, cocaine, marijuana, methamphetamine and derivatives thereof, but is not trained for any sort of patrol capability. b. Suitable Breeds is defined as a registered Belgian Malinois and/or German Shepherd, Dutch Shepherd or a mix of two of the three breeds listed. Labrador Retriever, Golden Retriever, German Shorthair Pointer, German Wirehaired Pointer, JAG Terrier or other suitable sporting breeds. 4. County Representative. The COUNTY hereby appoints THE SHERIFF, as the COUNTY’S representative to assist in the administrative management of this Agreement. 5. Indemnification. NLK9 agrees to indemnify, and hold the county harmless from and against lawsuits, damages, and expenses, including reasonable court costs and attorney’s fees, by reason of a claim and/or liability imposed, or claimed, and/or threatened against the county for damages DocuSign Envelope ID: 29A1098B-9095-4C9E-AB98-07A3491A533F because of bodily injury, death, and/or property damages resulting from NLK9’s performance under this Agreement, to the extent that such bodily injuries, death, and/or property damages are attributable to the sole negligence of NLK9 and/or NLK9’s servants, agents, employees, and/or assigns. As used in this section, the county shall also refer to the officers, agents, assigns, volunteers, and employees of the county. The indemnification required by this section shall not apply to any bodily injuries, death, and/or property damages that are attributable to the negligence of the county. NLK9 is not required to indemnify county against lawsuits, damages, and expenses, arising from the provided K-9’s actions, after the delivery and acceptance of the K-9 has occurred. 6. Entire Agreement. This agreement contains the entire agreement between the Parties, and no statement, promise, or inducements made by either party or agents for either party, which are not contained in this written agreement, shall be binding or valid. 7. Modification of Agreement. This agreement may be modified only by written amendment executed by all of the Parties hereto. 8. Applicable Law. This agreement shall be governed by the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first above written. Eagle County, Colorado ______________________. ______________ Date By Jeff Shroll, Eagle County Manager NLK9 ______________________. __________________ Tim Adams, NLK9 Date DocuSign Envelope ID: 29A1098B-9095-4C9E-AB98-07A3491A533F 11/28/2023 11/28/2023