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PURCHASE OF ONE MALE GERMAN SHEPHERD DOG .I AGREEMENT BY AND BETWEEN THE CITY OF CLEARWATER AND INTERNATIONAL K-9 COLLEGE INC. This agreement by and between the City of Clearwater, Florida, a municipal corporation (hereinafter "City") and International K-9 College, Inc., a Florida corporation (hereinafter "Seller"), is for the purchase of one (1) male German Shepherd Dog. Whereas, the City desires to contract with the Seller for the purchase of a dog to be used by the Clearwater Police Department Canine Unit as a patrol dog; and Whereas, the seller has available a dog that appears to have the potential to be trained as a patrol dog. Now, therefore, in consideration of mutual covenants and promises set forth below, the parties hereto agree as follows: 1. The City will purchase one (1) male German Shepherd Dog known as Ajk "Ike" from the seller for the purchase price of $ 6,500.00. 2. The seller agrees that if the dog fails to successfully complete the 17 week basic K9 patrol school, then the Seller, at the City's discretion, will return the purchase price of $ 6,500.00 to the City upon the City's return of the dog to the Seller or will provide the City a replacement German Shepherd Dog of equal quality. If the City chooses to obtain a replacement dog and if the replacement dog fails to successfully complete the 17 week basic K9 patrol school, then the Seller shall return the purchase price of $ 6,500.00 upon the City's return of the replacement dog to the Seller. 3. This City will assume financial responsibility for the dog during the selection and evaluation process should the City decide to have the dog sedated for the purpose of x-rays or other such tests. -~1 4. In any civil action to enforce the covenants contained herein, the prevailing party shall be entitled to a reasonable attorney's fee and all court costs and expenses. 5. The City and Seller further declare and represent that no promises, inducements, or agreements not herein expressed have been made, and that this agreement contains the entire agreement between the parties hereto. IN WITNESS WHEREOF the parties hereto have executed this Agreement this 14 fI""-- L.L- day of October, 2004. Approved as to form: IN