ORDER NO. 16467 APPROVAL OF PROPOSED AGREEMENT BETWEEN THE COUNTY OF KERR AND THE ANIMAL WELFARE SOCIETY OF KERR COUNTY FOR THE CARE OF COUNTY ANIMALS On this the 23rd day of January 1986, upon motion made by Commissioner Guthrie seconded by Commissioner Rolland , the Court unanimously approved. the proposed agreement between the County of Kerr and the Animal Welfare Society of Kerr County, Inc., for the care of County animals, effective upon completion of the Animal Welfare Shelter, at which time Kerr County agrees to pay the sum of $1250.00 per month to the Animal Welfare Society, payable out of the General Fund. (Arreer~ent approved, subject to County Attorney's approval). ~~ Animal Welfare Society of Kerr County P.O. Box 1503 Kerrville. Texas 7808 January 9, 1986 - Judge Gordon S. Morriss County Court House Kerrville, Tx 78028 Dear Judge Morriss: Enclosed ia~a proposed agreement for the care of County animals at the Animal Welfare Society shelter which is now under construct- ion on Spur 100, and which has a proposed completion date of April 1986. In addition to caring for small animals such as dogs and cats, the Society has ten acres of land where large animals impounded by the County can be held for a per head, per day, additional fee to be agreed upon. Enclosed for your information are the year-end reports compiled by the City Health Officer, giving the numbers of animals cared for at the City Pound in 1985. We respectfully request the sum of $1250.00 per month to care for the animals of Kerr County at the°Animal Welfare shelter. Submitted for your consideration. Sincerely, Marg ret W. Freeman President r ~`,, CITY OF KERRVILLE ANNUAL ANIMAL CONTROL REPORT 1985 INVENTORY DOGS CATS - 1. Impounded by ACO's 374 204 2. Animals brought in by City 221 150 3. Animals brought in by County 465 278 Total Sheltered 1060 632 DISPOSITIONS T 1. Owner relinquished for new home 507 367 2. Owner relinquised for euthanasia 25 12 V 3. Placed in new homes 163 56 4. Reclaimed by owners 125 2 5. Unclaimed - euthanized r 711 507 _... _ .a ANIMAL SHELTER AGREEMENT This agreement made this day by and between the COUNTY OF KERR (herein called County) and the ANIMAL WELFARE SOCIETY OF KERR COUNTY, INC. (herein called "Contractor"), as follows: 1. SHELTER. Contractor shall furnish an animal shelter sufficient to meet State requirements, an. provide the services herein stated. Such operation and shall have passed the State later than October 1, 1986. If not, this Animal shelter services shall be provided of Kerr. 3 enable Contractor to shelter shall be in of Texas inspection no agreement shall terminate. citizens of the County 2. OPERATION. Contractor shall operate and maintain the animal shelter in a businesslike manner in compliance with State regulations and in a manner comparable with other similar shelters. With limiting the generality of the foregoing, operation shall include: A. The shelter shall be open for the delivery of animals five (5) days per week during normal working hours. B. The shelter operator, or other employee, may open the shelter at their discretion at other hours for emergency cases. C. Contractor shall provide routine daily care of animals at the shelter, including weekends and holidays. D. At the request of County, there shall be adequate segregated quarters provided at the shelter for the quarantining of animals in bite cases and other emergency cases as provided by State Law and County Ordinance. E. Contractor will render euthanasia services such that State Law and County ordinances will be observed, and such that the shelter will be operated on a businesslike and uncrowded basis. 3. SHELTER FEES. The fees charged those persons reclaiming or adopting an animal shall be determined by the Contractor. Con- tractor is authorized the charge, collect and retain such fees. Further, Contractor shall be authorized to contract with others for services not heretofore covered by County ordinance and may charge, -1- collect and retain reasonable fees therefor. 4. ANIMAL CONTROL. The County shall maintian the animal con- trol program in the County of Kerr, and the Contractor shall have no responsibility therefor. The Contractor's responsibility for any animal shall not commence until such animal has been delivered to the shelter. 5. COUNTY PAYMENTS. After the shelter is operative and has passed the State of Texas inspection, the County shall thereupon begin paying a monthly amount of $1,250.00 per month for the care of County animals. The first such payment shall begin on the first day of the calendar month after written notice has been received from the Contractor that the above con- ditions have been fulfilled. Thereafter, County shall pay Con- tractor such monthly amount (except as adjusted) on the first day of each succeeding calendar month. After the first full calendar year of operation, the monthly payment due on the next January 1 (and each succeding calendar year) shall be adjusted upward or downward by the net change in the Consumer Price Index from Dec. 1 to Dec. 1, with a cap of five per cent (5g) maximum. 6. ANNUAL RECORDS. Contractor shall, each year, establish a budget which shall cover the time period from October 1 to September 30. Such budget shall be submitted to the County by July 1 of each year. 7. ANNUAL AUDIT. An annual audit report will be provided to the County of Kerr performed by a Certified Public Accountant or licensed Public Accountant. 8. RECORDS. The animal shelter, its operation, books and records shall be available for inspection and copying by the County at reasonable times and upon reasonable request. The shelter shall further be accessible for inspection, without notice by the County Health Officer. 9. INSURANCE. Contractor shall obtain a policy of fire and extended covered insurance on the shelter improvements. The cover- age of such policy shall be in the amount of the replacement cost -2- of the improvements. A copy of the current policy shall be furnish- ed to the County, demonstrating that the policy is in effect at all times, and that all current premiums have been paid. 10. MAINTENANCE. Contractor shall maintain the shelter and tangible personal property incident thereto in a first-class con- dition, substantially odor free, and in a well-kept appearance, reasonable wear and tear excepted. 11. INDEPENDENT CONTRACTOR Contractor, in the performance of its obligations hereunder, is an independent contractor. No employee or representative of the Contractor shall ever be deemed to be an employee or an agent of the County for any purpose what- soever. Neither are the parties partners or joint venturers. 12. This agreement shall begin on the date of execution here- of and continue in effect for ten (10) years thereafter. Except, however, the County may, in the event it deems it necessary or desirable to construct its own animal shelter facility, terminate this contract. But in such event, County shall first give two years written notice thereof to Contractor. 13. NOTICES. All notices sent hereunder to the Contractor shall be sent in the United States mail, postage prepaid, to: Contractor: Animal Welfare Society of Kerr County, Inc. P.O. Box 1503 Kerrville, Tx 78029 14. ENTIRE AGREEMENT. This agreement sets forth all of the agreement between the parties, and there are no other agreements, conditions, understandings or representations, oral or written, other than those set forth herein. This Agreement may only amended by a written instrument signed by both parties. This Agreement supercedes and cancels any prior Agreements. SIGNED AND EFFECTIVE this 23rd day 1986. Go Morriss~Judge ANIMAL WELFARE SOCIETY OF KE&R COUNTY, INC. By M f.2c~.2 cJ" h' ?z ~~nzlci.z. Margaret W. Freemen, President CONTRACTOR -3- ORDER N0. 16467 APPROVAL OF P1~I~SED AGREEMQVT BETWEEN F~RR CO, & THE ANINIAI, WELFARE SOCIETY OF KERB COUNTY FOR THE ('.ARE OF COUNTY AN7D7ALS 1-23-1986 Vol, Q, Pages 188-189