Contract - Cities of Cedar Park, Hutto, Leander, Georgetown & Williamson County Regional Animal Shelter - 4/11/2024 MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF GEORGETOWN
AND
THE WILLIAMSON COUNTY REGIONAL ANIMAL SHELTER MEMBER
GOVERNMENTS
This Memorandum of Understanding ("MOU") is made by the County of Williamson and the
Cities of Cedar Park, Round Rock, Hutto, and Leander(collectively the "Member Governments")
and the City of Georgetown("Georgetown").
RECITALS
WHEREAS, the purpose of this Memorandum of Understanding is to set forth the
intention of the Member Governments and Georgetown; and
WHEREAS,Georgetown currently operates an animal shelter within Williamson County;
and
WHEREAS, Georgetown's animal shelter performs animal sheltering and control
functions substantially similar to the WCRAS (as defined below); and
WHEREAS, Georgetown's animal shelter is regularly at capacity and Georgetown's
shelter and operations need to significantly expand in order to meet Georgetown's public need;
and
WHEREAS, Texas Government Code, Chapter 791, the Interlocal Cooperation Act
provides that any one or more public agencies may contract with each other for the performance
of governmental functions and for the joint use of facilities or services for the promotion and
protection of the health and welfare of the inhabitants of this State and the mutual benefit of the
Parties; and
WHEREAS, each of the Member Governments require a regional animal control shelter
with the capability of providing animal control services within the Williamson County, Texas,area
on a regular basis; and
WHEREAS, pursuant to the Williamson County Regional Animal Shelter Interlocal
Agreement, as amended (the "Agreement"), the Member Governments jointly operate the
Williamson County Regional Animal Shelter ("WCRAS") for the purpose of providing the
public need for animal sheltering and control services within Williamson County; and
WHEREAS, the WCRAS also regularly operates at capacity and needs to expand its
facility and operations in order to provide the public need for animal shelter and control services
within Williamson County; and
►2-2021-619
WHEREAS,the Parties share a common interest in designing and expanding a facility to
better serve animal sheltering and control needs as described in Texas Health and Safety Code,
Chapter 823; and
WHEREAS, the Agreement allows for the Agreement to be further amended to admit a
new party, located within Williamson County, as long as the new party agrees to: abide by all of
the Agreement's conditions; pay the Equity Buy-in Fee; and be responsible for its share of the
M&O expenses; and
WHEREAS,on October 14,2022, WCRAS voted to proceed with exploring a partnership
with Georgetown and formed a working group; and
WHEREAS, on November 22, 2022, the Georgetown City Council directed City staff to
continue to explore a partnership with WCRAS, in part, by funding a feasibility study looking at
the expansion to the Williamson County-owned WCRAS facility;and
WHEREAS, on March 14, 2023, the Georgetown City Council approved an interlocal
agreement with Williamson County, and on March 21, 2023 the Williamson County
Commissioners Court approved the same agreement, for design services for WCRAS expansion
project; and
WHEREAS, on March 28, 2023,the Williamson County Commissioners Court approved
advertising and receiving sealed qualifications for an Architectural and Engineering firm to
conduct a feasibility study for the WCRAS Expansion, under RFQ #23RFSQ61; and
WHEREAS, on July 10, 2023, the Williamson County Commissioners Court approved
awarding 23RFSQ61, the Williamson County Regional Animal Shelter Expansion Feasibility
Study to Quorum Architect, Inc. in an amount of$42,000; and
WHEREAS, the results of the feasibility study indicate that an expansion, inclusive of
Georgetown, is feasible, provided Georgetown funds the constructions of at least 106 new dog
kennels;and
WHEREAS,the Georgetown City Council was briefed on what a proposed expansion of
the regional animal shelter on October 10,2023 and the governing board for WCRAS was briefed
on a possible expansion on October 27,2023, and there is stated consensus to move forward with
a partnership; and
WHEREAS, on November 7, 2023, the residents of the City of Georgetown approved a
general obligation bond for the purpose of expanding animal sheltering services for the City of
Georgetown; and
WHEREAS, Georgetown has proposed becoming a new party to the Agreement in
exchange for the City abiding by all terms of the negotiated agreement attached as Exhibit A(the
"Amendment"); and
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WHEREAS, the Member Governments have considered and wish to execute the
Amendment subject to any revisions required in conjunction with Georgetown's issuance of its
general obligation bond to finance the WCRAS expansion; and
NOW THEREFORE, the Member Governments agree to work cooperatively and in
accordance with this Memorandum of Understanding to take the steps set forth herein.
ARTICLE I.
The Member Governments and Georgetown agree to execute the Amendment to the
Agreement attached once Georgetown receives confirmation it can use its general bond obligation
funds to finance the WCRAS expansion.Any material changes to the Amendment must be ratified
by each Member Government.
ARTICLE H.
LEGAL EFFECT OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is intended to provide an outline of the current
understanding of the parties hereto, and is not intended to legally bind the parties to the terms and
conditions stated herein. The parties, however, agree that the terms and conditions stated herein
are reasonable and provide an outline for future actions by the parties.
g May
Executed and effective this day of , 2024.
[Signatures on the following pages.]
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WILLIAMSON COUNTY, TEXAS
By:
Bill Gravell Jr.,County Judge
Date:
Signed electronically by Commissioner Valerie Covey. See next page.
4
35 5.7.24 MOU for WCRAS Georgetown
Final Audit Report 2024-05-08
Created: 2024-0507
By Rebecca Pruitt(becky.pruitt@wilco.org)
Status: Signed
Transaction ID: CBJCHBCAABAAd1YeHbDKjhUQ6dhB5An884n_cTTyO6Lb
"35 5.7.24 MOU for WCRAS Georgetown" History
Document created by Rebecca Pruitt(becky.pruitt@wilco.org)
2024-05-07-922:04 PM GMT-IP address:66.76.4.65
Document emailed to Valerie Covey(vcovey@wilco.org)for signature
2024-05-07-9:22:46 PM GMT
Email viewed by Valerie Covey(vcovey@wilco.org)
2024-0508-6:50:57 AM GMT-IP address:74.193.121.96
arc* Document e-signed by Valerie Covey(vcovey@wilco.org)
Signature Date:2024-0508-6:51:10 AM GMT-Time Source.server-IP address:74.193.121.96
Agreement completed.
2024-0508-6:51.10 AM GMT
Dy
Adob
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CITY OF CEDAR PARK, TEXAS
By, �
J' iman-Morin,Mayor
Date: _
5
CITY OF ROUND ROCK,TEXAS
By: � N �
Craig Morkpn, tyor
Date: 2
6
CITY OF HUTTO,TEXAS
By: = / ---
Mike Sn,(der, Mayor
Date: of K
Approved via resolution. See next page.
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RESOLUTION NO.R-2024-066
A RESOLUTION OF THE CITY OF HUTTO, TEXAS,
APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF
GEORGETOWN AND THE WILLIAMSON COUNTY
REGIONAL ANIMAL SHELTER MEMBER
GOVERNMENTS AND THE CITY OF HUTTO;
AUTHORIZING THE MAYOR TO EXECUTE THE
MEMORANDUM OF UNDERSTANDING AND THE
INTERLOCAL AGREEMENT; PROVIDING PROPER
NOTICE & MEETING, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Hutto is a member government of the Williamson County
Regional Animal Shelter("WCRAS");and
WHEREAS,the City of Georgetown desires to enter into a partnership with other local
governments to expand the WCRAS; and
WHEREAS, the City Council desires to approve the memorandum of understanding
and a draft of the Amended and Restated Interlocal Agreement to incorporate the City of
Georgetown into the WCRAS;and
WHEREAS, the City Council desires to authorize the Mayor to execute the
memorandum of understanding ("MOU") and the Amended and Restated Interlocal
Agreement("Agreement"), attached as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HUTTO,TEXAS, THAT:
Section 1: The findings set forth in the recitals of this Resolution are hereby found to
be true and correct and are hereby adopted as findings of the City Council and are incorporated
into the body of this Resolution as if fully set forth herein.
Section 2: The Hutto City Council hereby approves and authorizes the Mayor to
execute the MOU and the Agreement, attached as Exhibit A, a copy of same being attached
hereto and incorporated herein for all purposes.
Section 3: The City Council hereby finds and declares that written notice of the date,
hour, place and subject of the meeting at which this Resolution was adopted was posted and
that such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted upon,
all as required by the Open Meetings Act,Chapter 551,Texas Government Code,as amended.
Section 4. This Resolution shall take effect immediately upon its passage.
PASSED &APPROVED by the CITY COUNCIL of the CITY OF HUTTO, on the 4th day of
April 2024 on vote of AYES; QNAYS; OABSTENTIONS.
THE CITY OF HUTTO, TEXAS
Mik Snyder,Mayor
ATTEST:
—Z7"
Angel L is, City Secretary
I
CITY OF LEANDER,TEXAS
By: e
Christine De ayor
Date: -----
8
CITY OF GEORGET , TEXAS
By:
Josh Schroeder or
Date: Mur12,
9
EXHIBIT A
SECOND AMENDMENT AND RESTATEMENT
OF THE
WILLIAMSON COUNTY REGIONAL ANIMAL SHELTER AGREEMENT
THIS SECOND AMENDMENT AND RESTATEMENT ("Second Amendment") to expand the
membership of the Regional Shelter is made and entered into effective this ,
by and between WILLIAMSON COUNTY;the CITY OF CEDAR PARK;the CITY OF HUTTO;
the CITY OF LEANDER; the CITY OF ROUND ROCK (collectively the "Member
Governments"); and the CITY OF GEORGETOWN ("Georgetown"); all of which are political
subdivisions of the State of Texas ("the Parties").
RECITALS
WHEREAS, Texas Government Code, Chapter 791, the Interlocal Cooperation Act
provides that any one or more public agencies may contract with each other for the performance
of governmental functions and for the joint use of facilities or services for the promotion and
protection of the health and welfare of the inhabitants of this State and the mutual benefit of the
Parties; and,
WHEREAS, each of the Parties requires a regional animal shelter with the capability of
providing animal sheltering services within the Williamson County,Texas, area on a regular basis;
and,
WHEREAS, pursuant to the Williamson County Regional Animal Shelter Interlocal
Agreement, as amended (the "Agreement"), the Member Governments jointly operate the
Williamson County Regional Animal Shelter("WCRAS") for the purpose of providing the public
need for animal sheltering within Williamson County; and,
WHEREAS, the WCRAS also regularly operates at capacity and needs to expand its
facility and operations in order to provide the public need for animal shelter and control services
within Williamson County; and,
WHEREAS, the Parties share a common interest in designing and expanding a facility to
better serve animal sheltering and control needs as described in the Texas Health and Safety Code,
Chapter 823; and,
WHEREAS,the WCRAS Interlocal Agreement, as amended,allows for the Agreement to
be further amended to admit a new party, located within Williamson County, as long as the new
party agrees to: abide by all of the Agreement's conditions; pay the Equity Buy-in Fee; and be
responsible for its share of the M&O expenses; and,
WHEREAS, the Parties, by this Second Amendment and Restatement desire to add
Georgetown as a new party to the Agreement in exchange for Georgetown abiding by all terms of
the Agreement; funding the cost of the WCRAS facility expansion; paying the Equity Buy-in Fee;
and being responsible for its share of annual M&O expenses; and,
NOW, THEREFORE, the Member Governments agree to accept Georgetown as a full
member of WCRAS, and in consideration of the mutual covenants and agreements herein
contained, the Parties agree as follows:
ARTICLE I.
RECITALS
The facts and recitations contained in the preamble of this Resolution are hereby found and
declared to be true and correct, and are incorporated by reference herein and expressly made a part
hereof, as if copied verbatim.
ARTICLE II.
MISSION OF THE REGIONAL ANIMAL SHELTER
The Mission of the Regional Shelter is to provide humane and cost-effective sheltering, reclaim,
and adoption services for domestic animals that are ownerless or have been lost or abandoned.
ARTICLE III.
ORGANIZATION
1. BOARD REPRESENTATION: The business and affairs of the Regional Shelter shall be
conducted by a board consisting of one (1) representative from each Party signing this
Agreement. Each representative shall be appointed by the governing body of the respective
Party, preferably a supervisor of the Police or other public safety department of the
governmental agency responsible for dealing with animal control issues.
2. MEETINGS: The time and place of regular meetings of the Board shall be determined by the
Board,but the Board shall meet not less than once every three months. The chairperson of the
Board may also call a meeting whenever he/she deems it necessary. If the chairperson is unable
or unwilling to call a meeting upon request of a representative of one of the Parties, a meeting
may be called by any two Parties to this agreement. All meetings shall comply with Chapter
551 of the Texas Government Code, Texas Open Meetings Act.
3. QUORUM: A quorum shall exist for the purpose of conducting the business and affairs of the
Board if a majority of the Board members are present at a scheduled meeting. The vote of the
majority of a quorum is necessary for the Board to take any action. However, all members
must be present for any votes pertaining to the budget, personnel, or amendments to this
Agreement.
4. OFFICERS: The Board shall appoint a chairperson, a vice chairperson, and a secretary for a
one-year term.Appointments of officers shall be held annually during the first week in October
or as soon as possible thereafter.
5. SECRETARY: The secretary shall be responsible for keeping the minutes of all the meetings
of the Board and all other official records.The secretary may be a non-member and non-voting.
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ARTICLE IV
BOARD DUTIES AND RESPONSIBILITIES
1. BOARD RESPONSIBILITY: The Board's primary responsibilities shall be the review,
oversight, and operation of all aspects of WCRAS shared by all Parties to this Agreement. The
Board shall also be responsible for setting goals and objectives, setting policies, and approving
procedures for the WCRAS program that further the mission of WCRAS and that are humane,
efficient, and cost-effective. The Board will provide general,broad direction to the Director of
WCRAS, review the Director's performance, review progress on stated goals and objectives,
and adopt procedures to improve the operations of WCRAS as necessary.
The Board shall produce or cause to be produced a semi-annual (April and October) status
report on WCRAS operations.The report will be made available to the Chief Executive Officer
of each Party. The report will communicate the current goals and objectives of WCRAS,
progress made regarding the stated goals/objectives, budget status, and pertinent operational
performance data.
The Board shall hear and use best efforts to remedy concerns from the Parties regarding
operations, facilities, or financial activities. If concerns are not able to be remedied by the
Board, the Parties agree that an Executive Committee with one (1) representative per Party
may be convened to resolve the concern. If said Executive Committee is unable to resolve a
concern satisfactorily to all Parties, any Party reserves the right to withdraw from this
Agreement pursuant to the terms stated herein.
The costs and expenses that are considered to be shared are those incurred for the benefit of all
Parties to this Agreement and include, but are not limited to,the following:
a. Utilities and maintenance of the WCRAS site;
b. Maintenance and repairs of WCRAS equipment at the WCRAS site;
c. Staffing expenses;
d. All other day-to-day expenses of operating and maintaining the WCRAS;
e. Insurance, including building, content, and personal liability; and,
f. The Parties are jointly and severally liable for any and all expenses incurred in
connection with claims against the Regional Shelter, its personnel, and the Board, in
the same proportion as stated in Article VI, Section 2 of this Agreement. No Party
may settle any claim or incur any costs to settle any claim against the Shelter without
the consent of the other Parties. If any party declines to participate in a settlement of
a claim,that Party reserves the right to withdraw from this Agreement pursuant to the
conditions stated in Section 3 herein.
2. BUDGET APPROVAL: The following matters involving the operation and costs associated
with WCRAS are subject to recommendations from the Board and the annual approval from
the governmental entities of each Party including all items related thereto:
a. Operating procedures and policies;
b. Annual budgets and expenditures,prepared in a line item format;
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c. Acquisition, possession, leasing, encumbrance, and disposal of personal and real
property;
d. Facilities improvement and expansion; and
e. Acquisition of major shelter equipment, including computer hardware.
3. BUDGET: The fiscal year for WCRAS will begin on October I st of each year. Prior to April
I st of each year, the Board shall submit a budget to the respective governmental entities for
their approval. The budget must be approved by all Board members. If all Board members
cannot approve the budget,then the Executive Committee (as described in Article III, Section
I above) shall be convened to resolve budgetary concerns. The budget shall be adopted by the
Board and forwarded to the respective governmental entities if 80% of the Executive
Committee approves the proposed budget. If at least 80% of the representatives of the
Executive Committee cannot agree on a proposed budget,then the previous year's budget shall
be adopted by the Board and forwarded to the respective governmental entities for approval.
Each annual• budget is subject to the approval of the governmental entity of each Party. If any
Party declines to approve an annual budget,that Party reserves the right to withdraw from this
Agreement pursuant to the conditions stated herein but will continue to participate in WCRAS
activities and work to resolve the concerns in the interim and continue to comply with all terms
and conditions provided herein.After adoption,the Budget may be amended as necessary upon
approval of the Board and the governing body of each Party.
4. EXPENDITURES AND REIMBURSEMENT:No expenditures that exceed the annual budget
shall be made unless and until said expenditures are approved by the Board as an amendment
to the annual budget and approved by each Party. Any emergency expenditure that exceeds the
annual approved budget shall be subject to being ratified by the governing body of each Party
to this Agreement. No Party may receive reimbursement for an emergency expenditure
attributable to said Party unless it receives approval from the governing body of every other
Party to the Agreement.
5. BUDGET REVIEW: The Board shall receive a monthly budget status report, detailing
revenues and expenditures and comparing them to the adopted budget line items. Upon
approval of the Board, the monthly expenses will be apportioned among the Parties as
determined herein.
6. PAYMENTS: Payments to Williamson County shall be made within thirty(30)days of receipt
of the invoice.
7. ADMINISTRATION: The operation and maintenance of WCRAS facilities and equipment
shall be conducted and/or administered by the Board.
8. SHELTER REVENUE: Except as further stated below, all revenues derived from or
attributable to the operation of WCRAS will offset costs of operations to the benefit of the
Parties.
ARTICLE V
COUNTY AND CITY OF GEORGETOWN RESPONSIBILITIES
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1. SITE ACQUISITION: The County shall be responsible for acquiring and owning the WCRAS
and all costs associated with said acquisition.
2. CAPITAL FACILITIES AND EQUIPMENT COSTS:The County agrees to provide financing
for WCRAS Capital Facilities and Equipment, except as described in section 6 herein. The
costs of the Capital Facilities and Equipment, shall be amortized over the standardized life of
said facilities and equipment and incrementally charged to the Parties as part of the monthly
Maintenance and Operation Expenses referenced herein. Capital Facilities and Equipment are
defined as any facilities or equipment that have a useful life of greater than one year and cost
more than $10,000.
3. REGIONAL SHELTER AVAILABILITY TO PARTIES: The County agrees to make
WCRAS available to each Party for the term of this Agreement and for the purposes provided
herein, so long as that Party is in compliance with this Agreement.
4. SERVICES AND COSTS: The County agrees to provide all financial and support services for
all WCRAS operations,including accounting services and insurance. Additionally,the County
shall hire the Director of WCRAS and all WCRAS personnel and provide payroll services.
However, all these WCRAS personnel costs will be shared by the Parties as provided herein.
5. ACQUISITION OF GOODS AND SERVICES: After Board approval, the County shall
contract for all goods and services on behalf of WCRAS.
6. CITY OF GEORGETOWN FUNDED EXPANSION: Georgetown agrees to fund the WCRAS
facility expansion financing with proceeds of voter-approved bonds(the"Georgetown Bonds")
in an amount not to exceed $15,000,000.00. Any expenditures over and above $15,000,000
shall not be the responsibility of Georgetown or any Member Government unless all parties
agree to the expenditure. In compliance with the covenants of the Georgetown Bonds and state
and federal law, the Parties hereby agree that (i) the WCRAS facility will provide
Georgetown's animal sheltering and control services at least through the maturity date of the
Georgetown Bonds, (ii) if there is an early termination of this Agreement not due to a default
by Georgetown and Georgetown is unable to utilize the WCRAS facility expansion as
contemplated in this Agreement the Parties will provide Georgetown with funds sufficient to
defease or redeem the Georgetown Bonds,as applicable(except if termination is due to a force
majeure event as defined below), (iii) the proceeds of the Georgetown Bonds may only be
expended on the capital costs of the WCRAS facility expansion as approved by Georgetown,
(iv) Williamson County, as the manager of the WCRAS facility, will comply with all federal
tax law covenants required to maintain the tax-exempt status of the Georgetown Bonds; and
(v)Georgetown will receive formal reports on the WCRAS facility operations,financial status,
and the public benefits provided to Georgetown.
The Parties acknowledge that proceeds of the Georgetown Bonds will be used to expand the
WCRAS in exchange for the rights provided in this Agreement to Georgetown to utilize the
WCRAS in furtherance of its public purpose of providing animal sheltering and control
services for Georgetown. The parties agree that the fair market value of Georgetown's use of
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the WCRAS provided by this Agreement during the term hereof is at least reasonably
equivalent to the total amount of proceeds of the Georgetown Bonds.
Notwithstanding anything in this Agreement to the contrary, in the event this Agreement is
terminated through a default of a party other than Georgetown such that Georgetown is
prevented from using the WCRAS in the manner otherwise provided by this Agreement while
the Georgetown Bonds are outstanding, Georgetown shall be entitled to receive from such
defaulting party or parties an amount sufficient to defease the Georgetown Bonds to their call
date, or if the Georgetown Bonds are then callable, an amount sufficient to redeem the
Georgetown Bonds on the soonest practical date thereafter.
Force Majeure pertains to the performance of any obligations hereunder if prevented, delayed
or hindered by war, riots, insurrection, civil disorder, embargoes, strikes, concealed acts of
workmen, casualty, accidents, acts of terror, pandemic/endemic in region as reported by the
World Health Organization or the U.S. Center for Disease Control, government regulation, or
any other occurrence beyond such party's control, which makes it illegal, impossible, or
impractical to perform under this Agreement.
Georgetown has financed a portion of the WCRAS with the proceeds of the Georgetown Bonds
issued on a tax-exempt basis. In connection with the issuance of the Georgetown Bonds,
Georgetown has given covenants (the "Bond Covenants") to the owners of the Georgetown
Bonds that the WCRAS will be used in a manner that assures that the Georgetown Bonds
continue to qualify as obligations within the meaning of section 103 of the Internal Revenue
Code (the "Code"). The parties agree not to use or permit the use of the WCRAS in a manner
which they know or should know would result in a violation of the Bond Covenants or which
would otherwise adversely affect the federal income tax status of the Georgetown Bonds under
section 103 of the Code. Moreover, in furtherance thereof, if the parties are notified by
Georgetown that the Georgetown Bonds have been selected for audit by the Internal Revenue
Service, then the parties agree to provide to Georgetown such information in their possession
with respect to the WCRAS in order that Georgetown may timely respond to any questions
posed to it by the Internal Revenue Service.
The proceeds of the Georgetown Bonds must only be expended on capital costs of expanding
the WCRAS on a reimbursement basis in an amount not to exceed $15,000,000.00. Any
expenditures over and above$15,000,000 shall not be the responsibility of Georgetown or any
Member Government unless all parties agree to the expenditure.
For the avoidance of doubt,the term"Georgetown Bonds"as used in this Agreement shall also
include any related refunding bonds to the extent such refunding bonds do not extend the
maturity date of the bonds being refunded.
7. CITY OF GEORGETOWN TRANSITION OF SERVICES TO WCRAS:
Georgetown will be responsible for costs associated with transitioning operations to WCRAS,
including software conversions, providing access to the current Georgetown animal shelter,
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and transitioning assets from the Georgetown shelter to the WCRAS shelter, including the
memory bricks, Catio, and temporary kennel. And
WCRAS will take over animal sheltering operations for Georgetown sixty (60) days after the
effective date of this Second Amendment.
In the intervening period between WCRAS taking over the Georgetown shelter operations and
the completion of the new facility,WCRAS will have access and use of the current Georgetown
Animal Shelter. The expanded facility is estimated to be completed no later than December
31, 2025.
ARTICLE VI
COST SHARING
1. COUNTY RESPONSIBILITY: The County shall participate in the sharing of Maintenance
and Operation Expenses as described in 2,below.
2. PARTIES' RESPONSIBILITY: During the first year of operation of the Regional Shelter, all
budgeted Maintenance and Operation Expenses(M&O Expenses)of the Regional Shelter shall
be shared by the Parties based upon each Party's percentage share of the capital cost for the
construction of the Regional Shelter. For all years following the first year of operation of the
Regional Shelter, all budgeted M&O Expenses of the Regional Shelter shall be shared by the
Parties based upon the ratio of the annual number of animals delivered to the Regional Shelter
by each Party in the previous budget year,as compared to the total number of animals delivered
to the Regional Shelter by all Parties, in the previous budget year. The Parties shall pay for
their respective M&O Expenses and all other financial obligations under this Agreement from
current revenue funds.
3. LICENSE AND RECLAMATION FEE REIMBURSEMENT: Each Party shall receive a
quarterly reimbursement for all license fees and animal reclamation fees paid by citizens
residing within the boundaries of each Party's jurisdiction.
4. CAPITAL COST SHARING: Each Party listed below agrees to pay the below-listed sums as
its respective share(the"Respective Share")of the$3,200,000 capital cost for the construction
of the Regional Shelter (the "Capital Cost"). The County has agreed to issue Certificates of
Obligation to pay for the Capital Cost. The County has further agreed to allow each Party to
pay its respective share of the Capital Cost amortized over a 20 year period at 4.3311%,which
is the term and interest rate for said Certificates of Obligation. Each city Party agrees that if it
elects to withdraw from this Agreement pursuant to Article IX., below, then that city Party
will,upon withdrawal,pay to the County a per diem,pro-rated amount of its Amortized Annual
Payment while utilizing the Regional Shelter. After the city Party is no longer utilizing the
Regional Shelter,said Party shall thereafter no longer be responsible for any further Amortized
Annual Payments. The Amortized Annual Payment will be reduced proportionally if the
County obtains an interest rate lower than 4.3311%.
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Party Respective Share Amortized Annual Payment
Cedar Park $ 304,000 $ 22,748
Leander $ 304,000 $ 22,748
Round Rock $ 960,000 $ 71,835
Hutto $ 32,000 $ 2,395
County $1,600,000 $119,725
TOTAL $3,200,000 $239,451
The County agrees that if the Total Capital Costs exceed $3.2 million,then the County will
owe the balance. No city Party's Respective Share of the Capital Cost will exceed the sums
shown above. When each Party's Respective Share of the Capital Cost is extinguished by the
amortized payments, the Party's Capital Cost payments shall cease.
5. CITY OF GEORGETOWN EQUITY BUY-IN FEE: As a new member, starting on October
1, 2024, the City of Georgetown will contribute an Equity Buy-in Fee equal to an additional
50 percent of Georgetown's ratio of the annual number of animals delivered to the Regional
Shelter by Georgetown in the previous budget year,as compared to the total number of animals
delivered to the Regional Shelter by all Parties, in the previous budget year. This equity buy-
in fee will decrease by 5 percentage points annually until it reaches zero percent after 10 years.
Year M&O Expenses+Equity Buy-in Fee
1 M&O + 50%
2 M&O+45%
3 M&O +40%
4 M&O + 35%
5 M&O + 30%
6 M&O + 25%
7 M&O+20%
8 M&O+ 15%
9 M&O+ 10%
10 M&O+ 5%
In the intervening time between the execution of this agreement and October 1,2024,upon the
Georgetown's inclusion in the Regional Shelter, the City's Maintenance and Operation
Expenses (M&O Expenses) of the Regional Shelter will be pro-rated to fund Georgetown's
portion of M&O and will be based upon a $500,000.00 M&O Expense and a $250,000.00
Equity Buy-in Fee.
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6. APPROPRIATIONS:Notwithstanding any provision contained herein,all respective financial
obligations of the Parties contained herein are subject to and contingent upon appropriations
by the respective governing bodies of the Parties of such funds or other revenues being
available, received, and appropriated by their respective governing bodies of the Parties in
amounts sufficient to satisfy said obligations. In no event shall this instrument be construed to
be a debt of the Parties. If at any time during the term of this Agreement,the governing body
of a Party fails to provide funding for the financial obligations under this Agreement for the
following fiscal year, such Party shall be terminated from this Agreement without further
liability other than all M & O Expenses, as stated in Section 2 herein., and the pro-rated
Amortized Annual Payment for the year of withdrawal as stated in Section 4 herein., while
said Party is utilizing the WCRAS.A Party is utilizing the WCRAS while any animal delivered
to the WCRAS by said Party remains under the care of the WCRAS.This termination provision
is in addition to other termination provisions set forth in this Agreement.
ARTICLE VII
ACCOUNTING
1. BOOKS: Complete books and accounts shall be maintained by the County on behalf of the
Board in accordance with generally accepted accounting principles and standards, including
compliance with all applicable statutes and regulations.Financial activities of the WCRAS will
be audited annually, using generally accepted auditing standards,by an independent Certified
Public Accountant approved by the County in conjunction with the County's annual audit.The
audit shall cover the financial activity of the WCRAS for the immediate previous fiscal year
which runs from October 1 to September 30.
ARTICLE VIII
DURATION
1. The duration of this Interlocal Agreement shall be extended for an additional twenty(20)
years beginning upon execution of the Second Amendment by all Parties.
2. After the expiration of the twenty(20)years after this Second Amendment,Agreement shall
renew automatically annually, effective as of the first day of October of each year,under the
same terms and conditions of this Agreement.
ARTICLE IX
TERMINATION
1. RIGHT TO WITHDRAW: Except as provided in V.5, any Party to this Agreement which is a
city has the right to withdraw from this Agreement by providing written notice which must be
received by the other Parties no less than ninety(90)days prior to the beginning of each fiscal
year,after satisfying any liabilities of the withdrawing Party as stated herein.The County may
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not withdraw from this Agreement during its term unless all Parties agree to said withdrawal
or all Parties are in material default, as stated below.
2. SEPARATE EQUIPMENT: The terminating Party may remove any and all of its own separate
equipment unless the removal of the equipment will render the Regional Shelter inoperable. In
such case, the Party may not remove the equipment but shall be reimbursed the fair market
value of said equipment, as determined by an appraiser chosen by the Parties.
ARTICLE X
MISCELLANEOUS
1. SEVERABILITY: The Parties agree that in the event any provision of this Agreement is held
by a court of competent jurisdiction to be in - contradiction of any laws of the State of Texas,
the Parties will immediately rectify the offending portions of this Agreement. The remainder
of the Agreement shall be in full force and effect.
2. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties
hereto, and supersedes all their oral and written negotiations, agreements, and understandings
of every kind. The Parties understand,agree, and declare that no promise,warranty,statement,
or representation of any kind whatsoever, which is not expressly stated in this Agreement, has
been made by any Party hereto or its officer, employees, or other agents to induce execution
of this Agreement.
3. CHOICE OF LAW: This Agreement shall be performable in Williamson County, Texas.
4. AMENDMENT: This Agreement may be amended by unanimous vote of the Board if said
proposed Amendment is approved by the governing body of each Party. The Parties agree to
review this Agreement every five (5) years.
5. ASSIGNMENT: Except as otherwise provided in this Agreement, the rights and duties of the
Parties may not be assigned or delegated without the written consent of all the Parties to this
Agreement. Any attempt to assign or delegate such rights or duties shall be consistent with the
terms of any contracts,resolutions, indemnities, and other obligations of this Agreement. This
Agreement shall inure to the benefit of, and be binding upon,the successors and assigns of the
Parties.
6. NO PERSONAL BENEFIT: No Party intends to benefit any person who is not named as a
Party to this Agreement, to assume any special duty to supervise the operations of another
Party, to provide for the safety of any specific person, or to assume any other duty other than
that imposed by general law.
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7. NOTICE: Any notice given hereunder shall be in writing, and may be affected by personal
delivery, or by registered or certified mail, return receipt requested, at the address of the
respective Parties indicated below:
WILLIAMSON COUNTY CITY OF HUTTO
c/o COUNTY JUDGE c/o MAYOR
WILLIAMSON COUNTY CITY OF HUTTO
301 S.E. INNER LOOP 401 W. FRONT STREET
GEORGETOWN, TX 78626 HUTTO, TX 78634
CITY OF ROUND ROCK CITY OF CEDAR PARK
c/o MAYOR CITY OF ROUND ROCK c/o MAYOR
221 EAST MAIN STREET CITY OF CEDAR PARK
ROUND ROCK, TX 78664 600 N. BELL BOULEVARD
CEDAR PARK, TX 78613
CITY OF LEANDER
c/o MAYOR CITY OF GEORGETOWN
CITY OF LEANDER c/o MAYOR
105 N. BRUSHY STREET CITY OF GEORGETOWN
LEANDER, TX 78641 808 MARTIN LUTHER KING JR ST
GEORGETOWN, TX 78626
8. PARAGRAPH HEADINGS: The various paragraph headings are inserted for convenience of
reference only and shall not affect the meaning or interpretation of this Agreement or any
section thereof.
9. ATTORNEY FEES: In any lawsuit concerning this Agreement, the prevailing Party/Parties
shall be entitled to recover reasonable attorney's fees from the non-prevailing Party/Parties,
plus all out-of-pocket expenses such as deposition costs, telephone calls, travel expenses,
expert witness fees, court costs, and other reasonable expenses.
10. GOVERNMENTAL IMMUNITY: The Parties do not waive, modify, or alter to any extent
whatsoever the availability of the defense of governmental immunity. Each Party shall be
responsible for its own employees and the acts of its own employees.
11. COMPLIANCE WITH APPLICABLE LAWS: The Parties hereby agree to comply with all
applicable ordinances, laws, rules, regulations, and lawful orders of any public authority with
jurisdiction. Specifically, nothing in this Agreement is intended to conflict with the City of
Georgetown's zoning, franchise, or health and safety authority.
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12. DEFAULT: The Parties agree that if any city Party fails to comply with any material terms of
this Agreement, the Board shall provide to the defaulting city Party at least thirty (30) days
prior written notice of the occurrence of said default and an opportunity to cure such default
within such 30-day period. In the event the defaulting Party fails to cure the default,the Board
may terminate said Party from this Agreement. After termination, the defaulting Party shall
still be responsible for all M&O Expenses, as stated in Section VI.2., up to the date of
termination, and its Respective Share of its Regional Shelter Capital Cost,as stated in Section
VIA. subject to Section VI.5.
Executed and effective this day of , 2024.
[Signatures on the following pages.]
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WILLIAMSON COUNTY, TEXAS
By:
Bill Gravell Jr., County Judge
Date:
13
CITY OF CEDAR PARK, TEXAS
By:
Jim Penniman-Morin, Mayor
Date:
14
CITY OF ROUND ROCK, TEXAS
By:
Craig Morgan, Mayor
Date:
15
CITY OF HUTTO, TEXAS
By:
Mike Snyder, Mayor
Date:
16
CITY OF LEANDER,TEXAS
By:
Christine DeLisle,Mayor
Date:
17
CITY OF GEORGETOWN,TEXAS
By:
Josh Schroeder, Mayor
Date:
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