Res 2019-071/approving an interlocal agreement with Hays County to provide Hays County with animal shelter services for a payment of $259,596 to cover expenses through the end of the current fiscal year ending September 30th 2019, to be paid by Hays Coun

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B. Hays County agrees to: 1. Designate Captain Mike Davenport as the County's representative in all matters related to this Agreement; 2. Appoint a representative to the San Marcos' Animal Shelter Advisory Committee; 3. Pay San Marcos $259,596 for the provision of its core services upon execution of this Agreement. Costs payable to San Marcos include all personnel, operating and maintenance and facility use charges. This amount does not cover extraordinary animal services such as a case of animal cruelty involving ten or more animals. Hays County will be required to cost -share, with San Marcos on a case by case basis, the expenses of any such animal -related case; 4. Endeavor to relieve the burdens placed on the Shelter, when it is near capacity, by using diversion methods; and 5. Fully comply with the policies and guidelines of the Shelter as they now exist and as they may be amended from time to time as well as any State law or agency rule governing the treatment of animals. Any noncompliance with the Shelter's Operating Procedures may result in termination of this Agreement. SECTION 2. TERM The term of this Agreement will commence upon approval of both the City of San Marcos City Council and the Hays County Commissioners Court and execution by their representatives. The Parties acknowledge that the City is currently reviewing and studying its animal services efforts and the Parties anticipate negotiating a new long-term agreement over the next year. This Agreement will extend until a new Agreement is executed. The fee paid to the City of San Marcos will be pro -rated based on the annual basic payment amount should the Agreement extend past the current Fiscal Year. SECTION 3. INDEMNIFICATION To the extent allowed under applicable law, Hays County agrees to hold harmless, indemnify and defend San Marcos and its employees, agents, officers and servants from and against any and all lawsuits claims, demands and causes of action of any kind arising from the negligent or intentional acts, errors or omissions of Hays County, its officers, employees or agents with respect to the pick-up and delivery of animals to the Shelter. Respectively, to the extent allowed under applicable law, San Marcos agrees to hold harmless, indemnify and defend Hays County and their employees, agents, officers and servants from and against any and all lawsuits, claims, demands and causes of action of any kind arising from the negligent or intentional acts, errors or omissions of San Marcos, its officers, employees or agents with respect to the care and disposition of any animal delivered by Hays County to San Marcos for care in the Shelter. A. Interlocal Cooperation: San Marcos and Hays County agree to cooperate with each other in good faith at all times during the term of this Agreement in order to achieve the purposes and intent of this Agreement. Each party to this Agreement acknowledges and represents that this Agreement has been executed by its duly authorized representative. iN