ORDER NO. 16691 APPROVAL OF FIRST PAYb1ENT TO THE ANIMAL WELFARE SOCIETY OF KERR COUNTY, INC. On this the 9th day of June 1986, upon motion made by Commissioner Hi~~ins , seconded by Commissioner Guthrie , the Court unanimously approved the first payment to the ANID'fAL WELFARE SOCIETY OF KERR COUNTY, INC., as per agreement dated January 23rd, 1986, between the COUNTY OF KERB and the ANIMAL WELFARE SOCIETY OF KERR COUNTY, INC., in the amount of $1,250.00 per month, payable out of the General Fund. It is ordered by the Court that the County Treasurer and County Auditor be authorized to draw a voucher payable to the ANIMAL WELFARE SOCIETY OF KERR COUNTY, INC. in the amount of $1,250.00 now, and thereafter on the first day of each succeeding month, as per present contract. 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 Holland , 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. (Agreement approved, subject to County Attorney's approval). 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, and enab]_e Contractor to provide the services herein stated. Such shelter shall be in operation and shall have passed the State of Texas inspection no later than October 1, 1986. If not, this agreement shall terminate. Animal shelter services shall be provided citizens of the County of Kerr. 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 r 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 charg.~d 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 PAYMEid'PS. After the shelter is operative and has passed the State of Texas inspection, the County shall thereupon begin paying a monthly amount of 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 (5~) maximum. 6. ANNUAL RECORDS. Contractor shall, each year, establish a r~ 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 EI?FECTIVE this 23rd ' By Margaret W. Freemen, President CONTRACTOR -3- ANIMAL WELFARE SOCIETY OF KERR COUNTY, INC. COMMISSIONERS' COURT MEE'CING AGEND-~' REST MADE BY: Marearet Freeman .. y^ MEETING DATE: 1-13-86 OFFICE: Animal Welfare Society TIME PREFERRED: 3:30 }~fC~K - I'. M. SUBJECT: PROPOSED CONTRACT FOR COUNTY ANIMALS IF PERSONNEL MAT'PER: NAME OP EMPLOYEE: WHO WILL SPEAK TO COMMISSIONERS: THE TIME FOR SUBMITTING TFIIS REQUEST FOR COURT TO ASSURE THAT THE MATTER IS POSTED IN ACCORDANCE WITH ARTICLE 6252-17 IS AS FOLLOWS: * MEETINGS HELD ON SECOND MONDAY OF THE MONTH: 12:00 P.M. PREVIOUS THURSDAY * MEETINGS HELD ON OTHER DAYS: 12:00 P.M. THREE DAYS'BEFORE MEETING DATE. IF PREFERABLE, AGENDA REQUESTS MAY BE MADE CN OFFICE STATLONERX WITH THE ABOVE INFORMATION ATTACHED. THIS REQUEST RECEIVED BY: Tea Sander '~ THIS REQUEST RECEIVED ON: 1:20 X~34~f - P.M. ALL AGENDA REQUESTS WILL BE SCREENED BY TIIE COUNTY JUDGE'S SECRETARY TO DETER- MINE I'r ADEQUATE INFORMATION HAS BEEN PREPARED FOR THE COURT'S FORMAL GONSIDER- ATION AND ACTION AT TIME OF COURT MEETINGS. YOUR COOPERATION WILL BE APPRECI- ATED AND CONTRIBUTE '.TOWARDS YOUR REQUEST BL''ING ADDRESSED AT THE EARLIEST OPPORTUNITY. * PLEASE FURNISH ONE ORIGINAL AND SIX COPIES OF THIS REQUEST ORDER N0. 16691 APPROVAL OF FIRST PAYMENT TO THE ANIbYAL WE~.FARE SOCIETY OF KERR COUNTY, INC. ($1,250.00 per month) (To be paid on the first day of each month thereafter) 6-9-1986 Q, Page 244