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5. Affirm Buda's appointment of a representative to the San Marcos Animal Shelter <br />Advisory Committee. <br />6. Hold animals received by Buda in accordance with Buda's laws and regulations, as <br />amended, regarding animal control and sheltering services. Once the applicable hold <br />period has expired animals received from Buda become the property of San Marcos. <br />In addition, San Marcos will assess and retain fees for the reclamation of any animal <br />accepted from Buda and impounded by the Shelter. <br />7. Provide access to web based shelter software and San Marcos sponsored internal <br />training opportunities to the Buda Animal Control Officer(s) (costs for outside <br />training opportunities are not included in this Agreement). <br />B. Buda Agreements: <br />Buda agrees to: <br />1. Designate Bo Kidd, Chief of Police, as Buda's representative in all matters related to <br />this Agreement. <br />2. Facilitate appointment of a representative to the San Marcos' Animal Shelter <br />Advisory Committee by Buda's City Council. <br />3. Pay San Marcos $16,279.00 for the provision of its services for the first pro -rated <br />term (FY2012), upon execution of this Agreement. Costs payable to San Marcos <br />include all personnel, operating and maintenance and facility use charges. Buda will <br />pay San Marcos the following annual amounts on October first for each of the <br />additional four year terms as follows: <br />FY 2013 - $20,075.00 <br />FY 2014 - $21,647.00 <br />FY 2015 - $22,489.00 <br />FY 2016 - $23,373.00 <br />4. Pay San Marcos an additional $50.00 for each animal received by the Shelter in <br />excess of the 250 annual limit as stipulated in Section 1 A (3) of this Agreement. <br />Any such overage will be invoiced by San Marcos and paid by Buda prior to the start <br />of the following fiscal year. <br />5. Fully comply with the policies and guidelines of the Shelter as they now exist and <br />as they may be amended from time to time. <br />Section 2. Indemnity <br />To the extent allowed under applicable law, Buda agrees to hold harmless, indemnify and <br />defend San Marcos and its employees, agents, officers and servants from and against any and all <br />lawsuits claims, demands and causes of action of any kind arising from the negligent or <br />intentional acts, errors or omissions of the Buda, its officers, employees or agents with respect to <br />the pick -up and delivery of animals to the Shelter. <br />Respectively, to the extent allowed under applicable law, San Marcos agrees to hold <br />harmless, indemnify and defend Buda and their employees, agents, officers and servants from <br />and against any and all lawsuits, claims, demands and causes of action of any kind arising from <br />2 <br />