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131. DONATION AGREEMENT 1. Parties. The Miriam and Emmett McCoy Foundation is the "Foundation," and the City of San Marcos, Texas, a Texas municipal corporation is the "City". 2. Donation. The Foundation agrees to donate, and the City agrees to accept the donation of, a sum of money (the "Donation") equal to the construction cost for a new City animal shelter building (the "Building"). The Building will include a covered kennel area. The construction cost for the Building will be determined through a public sealed bidding process. The Donation will be made on or before the date on which the City's governing body awards the contract for the construction of the Building. The Donation includes interest income earned on the Donation after its receipt by the City. In addition to the Donation, the Fmmdation agrees to provide professional design services for the construction of the Building at the Foundation's expense. 3. Use of Donation. The City agrees to use the Donation for the purpose of constructing the Building as part of a new animal shelter facility (the "Facility"). The Facility will be located on a tract of property owned by the City adjacent to River Road in San Marcos, Texas. The Facility ",ill include the Building, exterior fencing, driveway and parking areas, landscaping and utility work. The City will secure all necessary permits and governmental approvals for the Facility, and will provide, through its own funding or through donations from others, all labor, materials and equipment for the completion of all work on the Facility other than the Building. 4. Accounting. The City agrees to establish a separate trust and agency fund for the Donation within its budget and accounting systems. The City agrees to provide the Foundation with a written accounting summary for the Donation upon completion of the Facility, including interest earned UPl '. the Donation and all expenditures of sums from the Donation. 5. Maintenance. Maintenance and upkeep of the Facility upon completion will be the duty and obligation of the City and will conform to the highest standards. 6. Staffing. The City agrees to maintain at least the following staffing level at the Facility for the first two fiscal years after the completion of the Facility: Position Number of Personnel Animal Control Manager 1 Animal Control Officer 3 Shelter Attendant 1.5 Office Clerk 1.5 7. FUT1ilshings and Equipment. The City agrees to secure, through purchase or 1