Res 135-2010 12/21/2010 RESOLUTION NO. 135-2010
Resolution Authorizing The City Manager To Execute A Contract
With The Humane Society Of Wichita County For Animal Adoption
Services.
WHEREAS, the City of Wichita Falls is in the process of constructing a new
Animal Reclaim Center to meet the public's demand for intake, holding and sheltering of
animals running at large or dropped off by citizens of Wichita Falls, Texas; and
WHEREAS, the Humane Society of Wichita County currently operates animal
sheltering and adoption facilities and has plans to construct new facilities for these
services on land leased by the City to the Humane Society through a long-term real
estate lease agreement; and
WHEREAS, the City of Wichita Falls and the Humane Society of Wichita County
desire to establish responsibilities of the City and the Humane Society after the City
begins operations at its new facility to ensure that animal services are provided in an
efficient manner, without redundancies, and to improve coordination of animal services
for the community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to execute the attached SERVICES
AGREEMENT BETWEEN THE CITY OF WICHITA FALLS, TEXAS AND THE
HUMANE SOCIETY OF WICHITA COUNTY, with exhibits to the attached lease and
such changes to the agreement as are approved by the City Attorney.
PASSED AND APPROVED this the 21 day of December, 2010.
�. ��.�.�
MAYOR
ATTEST:
�-
� \ �.----
Clerk
s
f t n •
SERVICES AGREEMENT BETWEEN THE CITY
OF WICHITA FALLS, TEXAS AND THE
HUMANE SOCIETY OF WICHITA COUNTY
WHEREAS, the City of Wichita Falls, Texas is in the process of constructing a new
Animal Reclaim Center to meet the public's demand for animal intake, holding and sheltering of
animals running at large or dropped off by citizens of Wichita Falls, Texas, and
WHEREAS, the Humane Society of Wichita County currently operates animal sheltering
and adoption facilities and has plans to construct new facilities for these services on land leased
by the City to the Humane Society through a long term real estate lease agreement, such lease
agreement is attached hereto and made a part of this agreement, and
WHEREAS, the City of Wichita Falls and the Humane Society of Wichita County desire
to establish responsibilities of the City and the Humane Society after the City begins operations
at its new facility to ensure that animal services are provided in an efficient manner, without
redundancies, and to improve coordination of animal services for the community.
THIS AGREEMENT is made as of this .2/sT day of becohaC , 2010, by and
between the City of Wichita Falls, Texas ("City"), and the Humane Society of Wichita County, a
Texas not-for-profit corporation ("Society"). The purpose of this document is to enhance and
improve the animal services it provides to the Wichita Falls community. To that end, the parties
agree as follows:
ARTICLE I
TERM
Section 1.1 Term. Subject to the provisions contained herein, the term of this
Agreement shall be for a period of one year, commencing when the City's new Animal Reclaim
Center on Hatton Road opens for business and terminating on January 31, 2012.
Section 1.2 Options to Extend. If both City and Society agree, this Agreement may be
extended for additional one-year periods under the same terms and conditions as contained
herein.
ARTICLE 2
ACCESS TO PREMISES
Section 2.1 City agrees to give Society access during City's normal business hours to
animals located in the City's Animal Reclaim Center located on Hatton Road as necessary to
allow Society to perform its adoption services duties pursuant to this Agreement. This includes
access for the Society's Rescue Coordinator and Foster Coordinator. Additionally, City will
provide to Society complete adoption related documentation.
'
Section 2.2 City agrees to make available for Society's use, the City's freezer and
euthanasia facilities. Use of this equipment and premises shall take place during normal business
hours or as agreed to by both parties. Society shall only be authorized to use City's euthanasia
facility so long as it holds a valid DEA license and follows the American Veterinary Medical
Association guidelines on euthanasia.
Section 2.3 Society shall provide, at its expense, all medicines, drugs, and other
supplies necessary to utilize City's equipment. The euthanasia room shall be left in the same
condition it was found prior to Society use.
Section 2.4 If the need arises after normal business hours to perform an emergency
euthanasia the Animal Control officer on call will be notified and will meet the Society on site.
ARTICLE 3
DUTIES AND RESPONSIBILITIES
Section 3.1 Society's duties in providing adoption services:
3.1.1 Society shall construct an animal adoption facility on the City's land pursuant to
the lease agreement, whose purpose is to house animals pending adoption (See Exhibit A, Lease
Agreement). Society shall dedicate space sufficient to house at least 120 total animals at said
shelter for holding animals selected from City facility for adoption purposes.
3.1.2 Society shall operate its animal adoption services, which shall include selection,
kenneling, and adopting out of animals for which it has responsibility, at a minimum, thirty-two
hours per week during reasonable business hours subject to scheduling adjustments due to
holidays, special events, or observances.
3.1.3 Society shall operate its animal adoption services in a professional manner that
will exemplify the highest standards of quality, customer service, and decorum under the terms
and conditions of this Agreement, and will endeavor to comply with the Asilomar Accords.
Society will use its best efforts to promote the adoption services for the duration of the term of
this Agreement.
3.1.4 Society shall select adoptable animals from the City's intake and holding facilities
on the basis of adoptability criteria set out in this Agreement. Society shall be solely responsible
for transporting animals from City facilities to the Society's adoption facilities.
3.1.5 Society shall select adoptable animals from the City based on the Wichita Falls
Health Department Mapping Matrix, which is attached as Exhibit B. So long as Society has
available space dedicated to City animals, Society must select for adoption all dogs and cats
from the City's intake and holding facilities based on the following criteria pursuant to the
Wichita Falls Mapping Matrix and based on the following priority:
1. Society must first select all adoptable HH Healthy animals. Society will
use its knowledge and experience in the adoption business and will act
T
reasonably and in good faith in determining which HH Healthy animals
are adoptable.
2. Society must then select all adoptable TR Treatable animals, capable of
being Rehabilitated. Society will use its knowledge and experience in the
adoption business and will act reasonably and in good faith in determining
which TR Treatable animals are adoptable.
3. Animals shown to City to be TM Treatable Manageable shall be selected
by Society at Society's discretion.
4. Animals shown to City to be UU Unhealthy and Untreatable may not be
selected by Society for adoption.
5. Animals that fall within any of the four (4) categories may be selected by
the Society's Foster Coordinator or the Society's Rescue Coordinator.
6. Upon prior written request from the City, Society must provide
documentation to City showing animal is TM or UU if Society does not
select such animals, and Society has space for such animals.
3.1.6 Society shall be responsible for the cost of vaccinations, spay/neutering, and other
treatment expenses for all animals selected for adoption.
3.1.7 Society shall work toward the ultimate goal of ending the euthanasia of healthy
and treatable animals.
3.1.8 Society shall obtain a Wichita Falls Kennel permit. The permit fee is waived
throughout the duration of this Agreement. Society shall comply with all local, state, and federal
laws that govern animal adoptions, animal welfare, and related facilities.
3.1.9 Society shall provide its adoption services as an independent contractor.
3.1.10 Society shall provide the City with a quarterly report due on May 15, August 15,
November 15, and February 15 of each year that outlines the effectiveness of Society's adoption
efforts. See Exhibit C for required quarterly reporting data. City retains the right to modify,
with 30 days notice, any required reporting of performance data.
Section 3.2. City's duties:
3.2.1 City shall intake animals running at large within the city limits of the City of
Wichita Falls and any animals brought to the City's Animal Reclaim Center from the public who
reside within the city limits of Wichita Falls. The City may also choose to accept animals
needing shelter from other governmental units under separate agreement with those
governmental entities.
3.2.2 City will provide to Society a quarterly report that contains the zip codes of all
members of the public that bring animals to the City's Animal Reclaim Center for intake by the
City. The City will not be responsible for providing this information to Society when such
members of the public fail or refuse to provide their zip code information
Section 3.3. Joint duties:
3.3.1 Both parties agree to develop and implement a comprehensive information and
education program for the citizens of Wichita Falls relating to animal welfare. During the
development of this joint educational program, the parties will have joint editorial control over
the content.
3.3.2 Both parties will provide such personnel as may be necessary to carry out their
respective duties and responsibilities outlined in this agreement. Both parties also agree that
these personnel will work together in an effort to improve the animal services offered to the
community. Should either party have any problem or concern with any employee of the other
entity, the party concerned should contact the shelter manager/administrator of the other entity
to express their concerns. If the party concerned is not satisfied with the response or resolution
to the problem, contact should be made to either the Director of Health or the Chairman of the
Humane Society, whichever is applicable. However, it is understood that each party is
ultimately responsible for conducting investigations into employee conduct and determining the
appropriate employee discipline for employees under their control.
ARTICLE 4
COMPENSATION
For the services provided by the Humane Society, City shall pay to Society $15,000.
Payment shall be made in 12 equal monthly payments of$1,250.00.
ARTICLE 5
COMPLIANCE WITH LAW
Society shall comply with all governmental laws, ordinances, and regulations applicable
to animal adoption services. Society shall promptly comply with all governmental orders and
directives for the correction, prevention, and abatement of nuisances in or upon, or connected
with the services discussed in this Agreement.
ARTICLE 6
INSURANCE
Section 6.1 Society shall, at its sole cost and expense, during the entire term hereof,
keep in full force and effect or cause to be kept in full force and effect a policy of Commercial
General Liability Insurance ("Liability Insurance"). Society shall cause the City to be named as
an additional insured on such Liability Insurance. The minimum acceptable limits for Society's
Liability Insurance shall not be less than the greater of Five Hundred Thousand dollars
($500,000) combined single limit coverage for bodily injury, personal injury and property
damage, or the legislative cap imposed on municipalities under the Texas Tort Claims Act, as
amended, or through legislation of similar effect.
Section 6.2 With respect to all policies of insurance which Society is required to
acquire and maintain under this Agreement, Society shall deliver to City, on or prior to the
signing and execution of this Agreement, a certificate of insurance containing a 30 day notice of
cancellation, material modification, or failure to renew clause benefiting City, and Society shall
thereafter provide City a new certificate of insurance upon each renewal of such policies. Such
policies shall be issued by nationally recognized insurance companies qualified under the laws of
the State of Texas to insure the risks covered by such policies. Such policies may be subject to a
commercially reasonable deductible.
ARTICLE 7
ASSIGNMENT
Society is not authorized to sell or assign its interests in this Agreement without the prior
written consent of City
ARTICLE 8
DEFAULT
Section 8.1 Each of the following shall constitute an event of default (Event of
Default) under this Lease:
A. Society shall: (1) make a general assignment for the benefit of creditors;
(2) commence any case, proceeding or other action seeking to have an
order for relief entered on its behalf as a debtor or to adjudicate it a
bankrupt or insolvent, or seeking reorganization, arrangement, adjustment,
liquidation, dissolution or composition of it or its debts or seeking
appointment of a receiver, trustee, custodian or other similar official for it
or for all or of any substantial part of its property (collectively a
"proceeding for relief"); (3) become the subject of any proceeding for
relief which is not dismissed within 120 days of its filing or entry; or (4)
be dissolved or otherwise fail to maintain its legal existence.
B. Society's ceasing to be a not-for-profit entity.
C. Failure of Society to perform any other of the terms, conditions or
covenants of this lease to be observed or performed by Society, other than
those specifically referred to above, for more than one hundred twenty
(120) days after written notice of such default shall have been given to
Society; provided, however, if such default cannot reasonably be cured
within such 120 day period, Society shall not be in default of this
Agreement if Society commences to cure the default within such 120 day
period and thereafter diligently and in good faith continues its attempts to
cure such default.
Section 8.2. In the event that (1) such Covenant Default is not cured within 120 days
after receipt of written notice or (2) if there is an uncured default arising under 8.1, then the City
.
may, but is not required, to terminate this Agreement. In such event the City shall have the right
at once, upon giving written notice to Society, to declare this Agreement terminated. In the
event of cancellation of this Agreement by the City in accordance with the provisions of this
article, all rights, powers, and privileges of Society and shall make no claim of any kind
whatsoever against City its agents or representatives by reason of such cancellation or any act
incident thereto.
Section 8.3 Any acceptance or acquiescence by City for any period, or periods, after a
default in any of the terms, covenants and conditions herein contained to be performed, kept and
observed by Society, shall not be deemed a waiver of any rights on the part of City to cancel this
Agreement for failure by Society so to perform, keep or observe any of the terms, covenants or
conditions hereof to be performed, kept and observed.
Section 8.4 City shall not be in default in the performance of any obligation required
to be performed under this Agreement unless City has failed to perform such obligation within
thirty (30) days after the receipt of notice from Society specifying in detail City's failure to
perform; provided, however, that if the nature of City's obligation is such that more than thirty
(30) days are required for its performance, City shall not be deemed in default if it shall
commence such performance within thirty (30) days and thereafter diligently pursues the same to
completion. Upon a default by City, Society may, in addition to all other rights and remedies
available to Society at law or in equity, cure such default on behalf of and at the expense of City
and do all reasonably necessary work which City has failed to do, in breach of its duty pursuant
to this Agreement.
Section 8.5 City may, but shall not be obligated to, cure at any time, without notice,
any default by Society under this Agreement; and, whenever City so elects, all costs and
expenses incurred by City in curing a default, together with simple interest on the amount of
costs and expenses so incurred at the lesser of 10% per annum or the maximum rate allowed by
law shall be paid by Society within 30 days of City's written request..
Section 8.6 The parties' remedies as specified herein are cumulative and in addition to
any rights or remedies available to it in equity or law.
ARTICLE 9
MISCELLANEOUS
Section 9.1 Non-Discrimination. Society agrees, for itself and its successors and
assigns, that it shall not discriminate against any person or group thereof upon the basis of race,
color, religion, age, sex, ancestry, disability, or national origin in its use or occupancy of the
Leased Premises.
Section 9.2 Entire Agreement. This Agreement, and the Exhibits and Riders, if any,
attached hereto and forming a part hereof, set forth all the covenants, promises, agreements,
conditions and understandings between City and Society.
Section 9.3 No Partnership. City does not, in any way or for any purpose, become a
partner of Society in the conduct of its business, or otherwise, or joint venturer or a member of a
joint enterprise with Society.
Section 9.4 Notices. Any notice pursuant hereto shall be given in writing by (a)
personal delivery, or (b) expedited delivery service with proof of deliver, or (c) United States
Mail, postage prepaid, registered or certified mail, return receipt requested, sent to the intended
addressee at the address set forth below, and shall be deemed to have been given either at the
time of personal delivery or, in the case of expedited delivery service or mail, as of the date of
first attempted delivery at the address. Any such notices may be under the signature of the City's
or Society's (as the case may be) agent, attorney, or representative.
Society's Address: Wichita County Humane Society
Attn: Cheryl Miller, Shelter Manager
P.O. Box 3648
Wichita Falls, Texas 76301
City's Address: City of Wichita Falls
Attn: Lou Franklin, Director of Health
1700 Third Street
Wichita Falls, Texas 76301
Section 9.5 Captions and Section Numbers. The captions, section numbers, article
numbers and index appearing in this Lease are inserted only as a matter of convenience.
Section 9.6 Partial Invalidity. If any term, covenant or condition of this Agreement or
the application thereof to any person or circumstances shall, to any extent, be invalid or
unenforceable, the remainder of the Agreement, or the application of such term covenant or
condition to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby.
Section 9.7 Gender. The use of the neuter gender herein shall include the masculine
or feminine gender, and the plural shall also include the singular, or vice versa.
Section 9.8 Attorney Fees. If any action at law or in equity is necessary to enforce this
Agreement, each party agrees to pay its own attorney's fees and will not seek to recover its
attorney's fees from the other party. Society understands that pursuant to TEXAS LOCAL
GOVERNMENT CODE §271.153(a)(3), the total amount of money awarded in an adjudication
brought against a governmental entity for breach of contract includes reasonable and necessary
attorney's fees that are equitable and just. Society expressly waives its statutory rights to recover
attorney's fees as outlined in §271.153(a)(3).
Section 9.9 Governing Law. The laws of the State of Texas shall govern this contract,
and all obligations hereunder of the parties are performed in Wichita County Texas.
Section 9.10 Indemnification Society shall indemnify and hold harmless City, its
Agents and Employees from and against all claims. damages, losses and expense (including, but
not limited to. attorneys' fees), arising out of or resulting from the performance of this contract,
sustained bv_ any person or persons, provided that any such claim, damage, loss or expense is
attributable to bodily injury, sickness, disease, or death, or to iniury to or destruction of property
caused by the tortious act or negligent act or omission of Society or its agents, employees or
subcontractors.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the day and year first above written.
Attest: City of Wichita Fal
By:
City k City-kranage0
PP
A rC�d as to Form:7224L—
V/
City Attorney
Wichita County Humane Society
By: N` ,:v-c414 >1.14_; I
(P ')
.
EXHIBIT A
LEASE AGREEMENT
LEASE
THIS LEASE is made as of this Ist day of December, 2009, by and between the City of Wichita
Falls, Texas ("Landlord"), and the Wichita County Humane Society, a Texas not-for-profit
corporation ("Tenant"). The purpose of this Lease document is to dedicate the land described
below for use in a long-term real estate lease. To that end, the parties agree as follows:
ARTICLE I
GRANT AND TERM
1.1 Leased Premises. Landlord hereby leases to Tenant and Tenant hereby leases from
Landlord certain real estate owned by Landlord generally located on Hatton Road, bounded on
the east by Central Expressway and on the west by Kinbell Drive, which real estate is more
particularly described on Exhibit "A" attached hereto and made a part hereof, together with all
improvements thereon and appurtenances thereto (collectively "Leased Premises"). The Leased
Premises are part of a larger tract of real property owned by Landlord and more particularly
described on Exhibit"B"attached hereto and made a part hereof("Development").
1.2 Term. Subject to the provisions contained herein, the term of this Lease shall be for a
period of 60 years, commencing on the date that Landlord delivers the Leased Premises to
Tenant, ("Commencement date"). Landlord and Tenant each agree to execute an amendment to
this Lease setting forth the exact Commencement Date as soon as practical following the
Commencement Date. Notwithstanding the foregoing, in the event Tenant has not commenced
construction of the Facilities (as defined in 1.4 below) within 2 years of the date of this Lease,
Landlord shall have the right to terminate this Lease upon not less than 90 days prior written
notice to Tenant; provided, however, that if Tenant commences construction of the Facilities
within such 90-day period, and reasonably pursues construction thereafter, Landlord's right to
terminate shall end and this Lease shall continue in full force and effect.
1.3 Options to Extend, Tenant shall have the option to extend this Lease for one ten year
period under the same terms and conditions as contained herein, as long as the Leased Premises
continues to be used for the Permitted Uses outlined in this Lease. In the event Tenant elects to
exercise this option to extend, Tenant shall do so by providing Landlord written notice thereof
("Extension Notice") not less than 30 days prior to the expiration of the then current term hereof.
Notwithstanding the foregoing, if Tenant shall fail to send the Extension Notice within the time
and in the manner hereinbefore provided, this Lease shall be deemed to be automatically
extended on a month-to-month basis and landlord shall not be permitted to terminate this Lease
for Tenant's failure to exercise its option to extend until such time as Landlord provides written
notice to Tenant that it has not received the Extension Notice and provides Tenant with a period
of 10 business days after receipt by Tenant of such notice in which to send the Extension Notice
to the Landlord. If both Landlord and Tenant agree, this Lease may be extended for five
additional five-year periods under the same terms and conditions as contained herein, as long as
the Leased Premises continues to be used for the Permitted Uses outlined in this Lease.
1.4 Tenant's Initial Improvements to Leased Premises., Tenant agrees to design and
construct on the Leased Premises a building of sufficient size to carry out Tenant's Permitted Use
of the Leased premises("Facilities"). Tenant may use the architect and contractor of their choice.
Prior to commencing any construction of the Facilities, Tenant shall submit the plans and
specifications ("Plans") to the Landlord for approval of the exterior architectural design
components, exterior construction materials and landscaping by Landlord's project manager in
,
order to achieve a harmonious appearance with the structures to be constructed by Landlord on
the Development, which approval shall not be unreasonably withheld, conditioned or delayed.
Any disapproval of the Plans, shall provide a detailed list of the deficiencies of such Plans.
Tenant shall construct the Facilities in a good and workmanlike manner and in compliance with
all applicable laws, rules, codes and ordinances. The City has obtained an opinion from the
Planning Department that the project as intended would qualify as a permitted use within the
current zoning for the tract. This use and zoning classification would allow incineration units as •
of right under the Zoning Code.
ARTICLE 2
RENT
Tenant shall pay to Landlord on the Commencement Date and on each annual anniversary of the
Commencement Date, as Annual Rent, the sum of$625.00.
ARTICLE 3
MAINTENANCE
3.1 Maintenance.
A. Landlord is not obligated to maintain lawn and landscape areas located on Leased
Premises.
B. Tenant shall be obligated to maintain all lawn and landscaped areas located on
Leased Premises.
ARTICLE 4
USE OF PREMISES
Tenant shall be restricted to using the Leased Premises for an animal shelter and veterinary clinic,
and ancillary uses such as animal training classes, public education, meeting facilities, special
events,community education, private pet cremation services, animal grooming, adoptions, sale of
pet related merchandise, and other activities related to domesticated/companion animal welfare
("Permitted Use"). No use outside the Permitted Use shall be permitted without the written
consent of Landlord.
ARTICLE 5
TENANT IMPROVEMENTS, FIXTURES, ALTERATIONS, ETC.
5.1 Additional Improvements By Tenant. Following the construction of the Facilities.
Tenant may make such additional improvements or alterations to the interior of the Leased
Premises as it desires. In the event Tenant desires to construct an improvement or make an
Alteration to the exterior of the Facilities (collectively an "Exterior Alteration"), Tenant shall
prepare outlined plans and specifications("Outline Specifications") for such Exterior Alteration,
showing the exterior elevations and specifying the building materials to be used, to be submitted
to and approved by Landlord, which approvals shall not be unreasonably withheld,conditioned or
delayed, prior to commencing the construction of any such Exterior Alterations. Tenant shall
cause any improvement and alterations to the Leased Premises, including any Exterior
Alterations, to be constructed in a good and workmanlike manner, in accordance with all
applicable laws, requirements,ordinances,codes, rules, and regulations in existence at the time of
.
construction. Tenant shall obtain building permits for any such improvements or alterations
(including any Exterior Alterations).
5.2 Ownership of Improvements. All alterations and improvements (including the
Facilities and any Exterior Alterations) made by Tenant during the term hereof shall remain the
sole property of Tenant for the term of this Lease. Upon the expiration or termination of the term
of this Lease, or any renewal thereof, all such alterations and improvements (including the
Facilities and any Exterior Alterations) shall become the property of Landlord; provided,
however, that Tenant shall be entitled to remove its trade fixtures, personal property, and
equipment.
5.3 Mechanic's Liens. Neither the Landlord nor Tenant shall do or suffer anything to be
done whereby the Leased Premises or any part of the Development may be encumbered by any
mechanic's lien or other similar lien. If, whenever and as often as any mechanic's lien or other
similar lien is filed against the Leased Premises or any part thereof, or any part of the
Development, purporting to be for or on account of any labor, materials or services furnished in
connection with any work in or about the leased property done by, for or under the authority of
either party or anyone claiming by, through or under such party, such party shall discharge the
same of record within 120 days after the filing date of the lien. Notice is hereby given that the
Landlord does not authorize or consent to and shall not be liable for any labor or materials
furnished to Tenant or anyone claiming by, through or under Tenant upon credit, and that no
mechanic's lien or similar lien for any such labor, service or materials shall attach to or affect the
reversionary or other interest of the Landlord in and to the leased property or any part of such
property.
ARTICLE 6
MAINTENANCE
6.1 Tenant's Responsibilities. The Leased Premises, including the Facilities located thereon
or subsequently constructed thereon, and all fixtures, equipment, and improvements related
thereto; and all other fixtures, equipment, and improvements thereon, shall be kept in sightly and
good operating condition, reasonable wear and tear excepted, at all times by Tenant, at Tenant's
sole cost and expense. Tenant shall keep the Facilities in compliance with all applicable codes,
ordinance, statutes, regulations or other governmental requirements applicable thereto.
6.2 Utility Charms Tenant shall be solely responsible for and promptly pay all charges for
heat, water, gas, electricity or any other utility used or consumed in, on, or about the Leased
Premises from and after the Commencement Date.
6.3 Surrender of Leased Premises,, Subject to Article 10, at the expiration or
termination of the tenancy hereby created, Tenant shall surrender the Leased Premises in good
operating condition, reasonable wear and tear excepted, and shall surrender all keys for any
buildings located on the Leased Premises to Landlord. Tenant shall remove all its trade fixtures
and personal property before surrendering the Leased Premises as aforesaid, and shall repair any
damage to the Leased Premises caused thereby. Tenant's obligation to observe or perform this
covenant shall survive the expiration or other termination of the term of this Lease and Tenant's
surrender of the Leased Premises.
ARTICLE 7
INSURANCE AND INDEMNITY
7.1 Liability Insurance. Tenant shall, at its sole cost and expense, during the entire term
hereof, keep in full force and effect or cause to be kept in full force and effect a policy of
Commercial General Liability Insurance ("Liability Insurance"). Tenant shall cause the Landlord
to be named as an additional insured on such Liability Insurance. The minimum acceptable limits
for Tenant's Liability Insurance shall not be less than the greater of $500,000 combined single
limit coverage for bodily injury, personal injury and property damage, or the legislative cap
imposed on municipalities under the Texas Tort Claims Act, as amended, or through legislation
of similar effect.
7.2 Property Insurance. Tenant shall maintain "all-risk" insurance concerning building
improvements located on the Leased Premises in an amount equal to the replacement cost of the
Facilities (exclusive of foundations and excavations). Landlord shall be named as an insured "as
its interest may appear" under such insurance policy. Tenant shall also carry, under the same
terms, a builder's risk policy covering materials and the structure during the construction phases.
7.3 Proof of Insurance. With respect to all policies of insurance which Tenant is required to
acquire and maintain under this Lease, Tenant shall deliver to Landlord, on or prior to the
Commencement Date, a certificate of insurance containing a 30 day notice of cancellation,
material modification, or failure to renew clause benefiting Landlord, and Tenant shall thereafter
provide Landlord a new certificate of insurance upon each renewal of such policies. Such
policies shall be issued by nationally recognized insurance companies qualified under the laws of
the State of Texas to insure the risks covered by such policies. Such policies may be subject to a
commercially reasonable deductible.
7.4 Landlord's Liability Insurance. Landlord shall, at all times, carry a policy of
Commercial General Liability Insurance for its operations within the Development, or an
adequate reserve as a self insured entity, in an amount equal to the legislative cap imposed on
municipalities under the Texas Tort Claims Act, as amended, or through legislation of similar
effect, which shall name Tenant as an additional insured thereunder.
ARTICLE 8
SALE, ASSIGNMENT AND SUBLETTING
Tenant shall be able to sell, sublease, assign or encumber its interest in the Lease or any part
thereof with the prior written consent of Landlord.
ARTICLE 9
WASTE, GOVERNMENTAL REGULATIONS
9.1 Waste. Tenant shall not commit or suffer to be committed any waste upon the Leased
Premises.
9.2 Governmental Regulations. Tenant shall, at Tenant's sole cost and expense, comply in
all material respects with all laws, rules, regulations, decrees and requirements of all county,
municipal, state, federal and other applicable governmental authorities now in force or which may
hereafter be in force pertaining to its operations within the Leased Premises, including, without
limitation, obtaining all necessary building permits for the Facilities and any other improvements
to the Leased Premises or alterations of the Facilities or other improvements.
ARTICLE 10
DAMAGE OR DESTRUCTION
lf,during the term of the Lease, the Facilities or any portion thereof, are damaged or destroyed, in
whole or in part, by fire or other casualty, Tenant shall promptly notify Landlord in writing as to
the nature and extent of such damage or loss and whether it is economically feasible to rebuild,
repair, restore or replace such damage or loss. If Tenant shall determine that such rebuilding,
repairing, restoring or replacing is economically feasible, it shall forthwith proceed with and
complete with reasonable dispatch such rebuilding, repairing, restoring or replacing. In such
case, any net proceeds of casualty insurance required by the lease and in excess of sums needed to
defray the costs of repairing and restoring any such damage or loss of the Facilities shall be used
to improve or maintain the Facilities unless said proceeds were in payment for the Tenant's
personal property or other items not owned by the Landlord.
If Tenant shall determine that rebuilding, repairing or restoring or replacing the Facilities is not
economically feasible, tenant shall raze the Facilities and clear the Leased Premises of any debris
and any proceeds of casualty insurance remaining following such razing and clearing of debris
shall be used to acquire substitute land and improvements which will take the place of the
Property and Facilities subject to the lease, or alternatively (at the election of the Tenant), shall be
paid to the Landlord (unless said proceeds were in payment for the Tenant's personal property or
other items not owned by Landlord), in which latter case, the lease shall thereupon terminate, and
the Tenant shall tender possession of the premises (i.e., the Property and damaged Facilities, but
not removable personal property owned by the Tenant)to the Landlord.
ARTICLE 11
DEFAULT
11.l Events of Default. Each of the following shall constitute an event of default ("Event of
Default) under this Lease:
A. Tenant shall fail to pay any Rent, or other sums when due under this Lease if
such failure continues for a period of 120 days after written notice specifying such failure
has been delivered to Tenant. Tenant shall not be deemed to be in default if Landlord and
Tenant agree to enter into a payment plan designed to pay any and all sums owed under
this contract.
B. Tenant shall: (I) make a general assignment for the benefit of creditors; (2)
commence any case, proceeding or other action seeking to have an order for relief
entered on its behalf as a debtor or to adjudicate it a bankrupt or insolvent, or seeking
reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or
its debts or seeking appointment of a receiver, trustee, custodian or other similar official
for it or for all or of any substantial part of its property (collectively a "proceeding for
relief'); (3)become the subject of any proceeding for relief which is not dismissed within
120 days of its filing or entry; or (4) be dissolved or otherwise fail to maintain its legal
existence.
C. Tenant's ceasing to be a not-for-profit entity.
D. Failure of Tenant to perform any other of the terms, conditions or covenants of
this lease to he observed or performed by Tenant, other than those specifically referred to
above, for more than 120 days after written notice of such default shall have been given
to Tenant; provided, however, if such default cannot reasonably he cured within such 120
day period, Tenant shall not be in default of this Lease if Tenant commences to cure the
default within such 120 day period and thereafter diligently and in good faith continues
its attempts to cure such default.
11.2. Landlord's Remedies.
In the event that (I) a default is not cured within 120 days after issuance of written notice, then
the Landlord may, but is not required, to terminate this Lease, and reenter and take possession of
the leased property and all improvements thereon. In such event the Landlord may, after giving
the aforesaid 120 day, written notice to the Lessee, declare this Lease terminated, and enter and
take full possession of the buildings and premises, and with or without legal process expel, oust
and remove any and all parties who may occupy any part of said buildings or premises, and all
goods and chattels not belonging to the Landlord that may be found within or upon the same,
without being liable to prosecution or to any claim for damages as a result thereof. In the event of
cancellation of this Lease by the Landlord in accordance with the previsions of this article, all
rights, powers, and privileges of the Tenant thereunder shall cease and the Tenant shall
immediately vacate said buildings and leased premises, and shall make no claim of any kind
whatsoever against the Landlord its agents or representatives by reason of such cancellation or
any act incident thereto.
11.3 Any acceptance or acquiescence by the Landlord for any period, or periods, after a
default in any of the terms, covenants and conditions herein contained to be performed, kept and
observed by the Tenants, shall not be deemed a waiver of any rights on the part of the Landlord to
cancel this Lease for failure by the Tenant so to perform, keep or observe any of the terms,
covenants or conditions hereof to be performed, kept and observed.
11.4 Landlord's Default. Landlord shall not be in default in the performance of any
obligation required to be performed under this Lease unless Landlord has failed to perform such
obligation within 30 days after the receipt of notice from Tenant specifying in detail Landlord's
failure to perform; provided, however, that if the nature of Landlord's obligation is such that
more than 30 days are required for its performance, Landlord shall not be deemed in default if it
shall commence such performance within 30 days and thereafter diligently pursues the same to
completion. Upon a default by Landlord,Tenant may, in addition to all other rights and remedies
available to Tenant at law or in equity, cure such default on behalf of and at the expense of
Landlord and do all reasonably necessary work (which Landlord has failed to do. in breach of its
duty pursuant to this Lease) and make all necessary payments in connection therewith to the
extent necessary in Tenant's discretion, reasonably exercised, to protect Tenant's leasehold
interest and Tenant's continued use and occupancy of the Leased Premises. Landlord shall,
within 10 days following receipt of "paid" bills, pay Tenant the amount so paid by Tenant
together with interest thereon, at a simple interest rate equal to the lesser of lOrk per annum or the
maximum rate allowed by law, from the date incurred by Tenant. In the event Landlord fails to
pay Tenant as provided in the preceding sentence, the amount or amounts paid by Tenant.
together with all costs and interest, may be set off against each installment of Rent as and when
paid by Tenant.
11.5 Right to Cure Defaults. Landlord may, hut shall not be obligated to, cure at any time,
without notice, any default by Tenant under this Lease; and, whenever Landlord so elects, all
costs and expenses incurred by Landlord in curing a default, together with simple interest on the
amount of costs and expenses so incurred at the lesser of 10% per annum or the maximum rate
allowed by law shall he paid by Tenant as Additional Rent.
11.6 Remedies Cumulative. The parties remedies as specified herein are cumulative and in
addition to any rights or remedies available to it in equity or law.
ARTICLE 12
ACCESS BY LANDLORD
Landlord, or Landlord's representatives, shall have the right, upon reasonable advance notice to
Tenant, to enter the Leased Premises at all reasonable times to examine and inspect the same,
which times shall be during normal business hours except in emergency circumstances. Landlord
agrees not to unreasonably disturb Tenant in the operation of its business and enter the building
located on the Leased Premises at such times as shall be calculated to minimize such disturbance.
ARTICLE 13
TAXES; LIMITATION
13.1 Taxes on Lease Premises and Tenant's Personal Property. Tenant shall be responsible for
and shall pay before delinquency all municipal, county and/or state taxes which may be assessed
during the term of this Lease against the Leased Premises, the Facilities, and any personal
property of any kind owned by or placed in, upon or about the Leased Premises by Tenant.
13.2 Loss and Damage. Tenant shall hold harmless and indemnify Landlord which shall
not be liable for any loss or damage to Tenant's improvements to the Leased Premises, its
trade fixtures or personal property, or the property of others located on the Leased
Premises. Tenant shall hold harmless and indemnify Landlord, which shall not be liable for
any injury or damage to persons or property resulting from fire, explosion, falling plaster,
steam, gas, electricity, water, rain, snow, bursting of or leaks from any part of the Leased
Premises or from the pipes, appliances or plumbing works. All property of Tenant kept or
stored on the Leased Premises shall be so kept or stored at the risk of Tenant only, and
Tenant shall hold Landlord harmless from any claims arising out of damage to the same,
including subrogation claims by Tenant's insurance carrier.
ARTICLE 14
HOLDING OVER, SUCCESSORS
14.1 Holding_Over. Any holding over after the expiration of the term hereof without the
consent of Landlord, shall he construed to he a tenancy from month to month at the same Annual
Rent applicable during the period prior to such expiration (prorated on a monthly basis) but shall
otherwise he subject to all of the terms and conditions herein specified, so far as applicable to a
month-to-month tenancy.
14.2 Successors. All rights and liabilities herein given to, or imposed upon, the respective
parties hereto shall extend to and bind the several respective heirs, executors, administrators,
successors and assigns of the said parties; and if there shall be more than one Tenant, they shall
all he hound jointly and severally by the terms,covenants and agreements herein.
ARTICLE 15
REPRESENTATIONS AND WARRANTIES OF LANDLORD; QUIET
ENJOYMENT
15.1 Landlord's Representations and Warranties. In addition to the other representations
and warranties of Landlord contained in this Lease, Landlord hereby represents and warrants to
Tenant as follows:
A. AU taxes on the Leased Premises, except for current taxes not delinquent, have
been paid in full prior to the Commencement Date.
B. Landlord is able to and will place Tenant in the peaceful and undisturbed
possession of the Leased Premises on the Commencement Date.
C. To the best of landlord's knowledge, there are no "Hazardous Materials" (such
term shall include, without limitation, substances which are flammable, explosive,
corrosive, radioactive, toxic, petroleum and petroleum products and any substances
defined as hazardous substances, hazardous materials, toxic substances, or hazardous
wastes in the Federal Comprehensive environmental Response compensation and
Liability Act of 1980, the Federal Hazardous Materials Transportation Act, the Resource
Conservation and Recovery Act, any similar state laws, all amendments to these laws and
regulations adopted or publications promulgated pursuant to these laws) presently located
in, on, or under the Leased Premises including, without limitation, the subsurface soils
and groundwater, have migrated to the Leased Premises from another source, have been
installed, used, generated, manufactured, stored, released, or disposed of on, under, or
about the Leased Premises by Landlord or any third person, not has Landlord received
any notice or communication regarding any alleged Hazardous Materials on or about the
Leased Premises and that the Leased Premises is in compliance with all federal, state and
local laws, ordinances, rules and regulations relating to any such Hazardous Materials. In
the event any Hazardous Materials for which Landlord is responsible (as described
above) be found on the Leased Premises during the term or any extension of the term
hereof, Landlord shall bear all costs for the removal and remediation of the Hazardous
Materials and shall restore the Leased Premises to substantially the same condition as it
was in immediately prior to such removal and remediation work. Landlord shall
immediately notify Tenant in writing of any notice,complaint„ warning,claim, report, or
communication received by Landlord from any federal, state, or local governmental or
regulatory agency regarding Hazardous Materials on the Leased Premises, and provide
Tenant with a copy of the same within 10 days of Landlord's receipt thereof.
D. Tenant agrees not to bring or allow onto the Leased Premises or the
development any Hazardous Materials or to do or allow any other form of
environmental damage, and agrees to indemnify and hold Landlord harmless from
and against ail claims, demands, losses, damages, clean-up costs, liabilities or
judgments imposed against Landlord, including all interest, penalties, fines and
other sanctions, any costs or expenses in connection therewith, including reasonable
attorneys' fees,arising out of in connection with the breach or misrepresentation of
the representations,agreements and warranties of tenant set forth herein.
E. Tenant agrees to obtain, participate and comply with the requirements of an
annually conducted environmental audit.
15.2 Ouiet Eniovment. Upon payment by Tenant of the Rent and all other sums due
hereunder, and upon the observance and performance of all the covenants, terms and conditions
on Tenant's part to be observed and performed, Tenant shall peaceably and quietly hold and
enjoy the Leased Premises for the term hereby demised, without hindrance or interruption by
Landlord or any other person or persons lawfully or equitably claiming by, through or under
Landlord, subject, nevertheless, to all of the terms and conditions of this Lease.
ARTICLE 16
MISCELLANEOUS
16.1 Non-Discrimination. Tenant agrees, for itself and its successors and assigns, that it shall
not discriminate against any person or group thereof upon the basis of race, color, religion, age,
sex, ancestry, disability, or national origin in its use or occupancy of the Leased Premises. A
copy of the Landlord's Anti-Discrimination policy is attached to this Lease and is incorporated
herein by reference.
16.2 No Gambling Use. No existing building on the Leased Premises, nor any building which
is constructed or placed upon the Leased Premises, either temporarily or permanently, shall be
used for housing the operation of any multi-game,casino-style gambling on the Leased Premises.
16.3 Entire Agreement. This Lease, and the Exhibits and Riders, if any, attached hereto and
forming a part hereof, set forth all the covenants, promises, agreements, conditions and
understandings between Landlord and Tenant concerning the Leased Premises.
16.4 No Partnership. Landlord does not, in any way or for any purpose, become a partner of
tenant in the conduct of its business, or otherwise, or joint venturer or a member of a joint
enterprise with Tenant.
16.5 Notices. Any notice pursuant hereto shall be given in writing by (a) personal delivery, or
(b) expedited delivery service with proof of deliver, or (c) United States Mail, postage prepaid,
registered or certified mail, return receipt requested, sent to the intended addressee at the address
set forth below, and shall be deemed to have been given either at the time of personal delivery or,
in the case of expedited delivery service or mail, as of the date of first attempted delivery at the
address. Any such notices may be under the signature of the Landlord's or Tenant's (as the case
may be) agent, attorney,or representative.
Tenant's Address: Wichita County Humane Society
Attn: Kelly Jordan, Executive Director
Wichita Falls,Texas 76210
Landlord's Address: City of Wichita Falls
Attn: Lou Franklin, Director of Health
1700 Third Street
Wichita Falls,Texas 76301
16.6 Cautions and Section Numbers., The captions, section numbers, article numbers and
index appearing in this Lease are inserted only as a matter of convenience.
16.7 Partial Invalidity. If any term, covenant or condition of this Lease or the application
thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the
remainder of the Lease, or the application of such term covenant or condition to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be
affected thereby.
16.8 Recording, Tenant shall not record this Lease without the written consent of Landlord;
however, upon the request of either party hereto, the other party shall join in the execution of a
memorandum or so-called "short form" of this Lease for the purposes of recordation. Said
memorandum or short form of this Lease shall describe the parties, the Leased Premises,Tenant's
right of extension, and the term of this Lease and shall incorporate this Lease by reference.
16.9 Gender. The use of the neuter gender herein shall include the masculine or feminine
gender,and the plural shall also include the singular,or vice versa.
16.10 Attorney Fees. If any action at law or in equity is necessary to enforce this agreement,
each party agrees to pay their own attorney fees and will not seek to recover their attorney fees
from the other party.Tenant understands that pursuant to LOCAL GOVT.CODE§27I.153(a)(3),the
total amount of money awarded in an adjudication brought against a governmental entity for
breach of a contract includes reasonable and necessary attorney's fees that are equitable and just.
Tenant expressly waives its statutory rights to recover attorney's fees as outlined in
§271.153(a)(3).
16.11 Governing Law. The laws of the State of Texas shall govern this contract, and all
obligations hereunder of the parties are performed in Wichita County Texas.
16.12 [light of First Refusal.
A. Grant of Right of First Refusal. Landlord hereby grants to Tenant an exclusive
right of first refusal (sometimes referred to herein as the "Right of First Refusal") to
purchase the Leased Premises.
B. Exercise of right of First Refusal. At such time as Landlord desires to sell,
transfer or otherwise convey the Leased Premises to any party, Tenant may exercise its
Right of First Refusal pursuant to an "Offer"as defined below and,Tenant shall have the
right of first refusal with respect to such Offer. An"Offer" for purposes of this Section is
defined as a bona fide offer from a third party (the "Transferee") to acquire the Leased
Premises or to accept a transfer of the Leased Premises, which Offer is accompanied by
an executed written agreement for the transfer (the "Offer Agreement") identifying the
Transferee. If Landlord receives and desires to accept an Offer, Landlord shall promptly
notify Tenant thereof and provide Tenant a complete and fully legible copy of the Offer
Agreement accompanied by Landlord's statement that it is prepared to transfer the
Leased Premises to Tenant upon the terms contained in the Offer Agreement
(collectively, the "Offer Notice").
Within 30 days of receipt of the Offer Notice, Tenant shall notify Landlord whether
Tenant elects to exercise its right to accept the Transfer of the Leased Premises as set
forth above. If Tenant notifies Landlord that it does not wish to exercise its right to
accept the Transfer of the Leased Premises, Landlord may proceed to close the proposed
Transfer. In the event Tenant exercises the Right of First Refusal by delivering written
notice thereof (the "Right of First Refusal Notice"), Tenant and Landlord shall he
deemed to have entered into a binding agreement to purchase and sell the Leased
Premises pursuant to the terms hereof and under the same terms as contained in the Offer
Agreement. In the event tenant does not timely exercise its Right of First Refusal
pursuant to the terms and conditions identified in this Section, then Tenant shall be
deemed to have waived Tenant's election to exercise its Right of First Refusal and
Landlord shall have the right to sell the Leased Premises to Transferee upon the terms
and conditions identified in the Offer Agreement. Notwithstanding the foregoing, in the
event Landlord does not, for whatever reason, sell the Leased Premises to the Transferee,
or receives another offer to sell the Leased Premises, then Landlord shall re-offer to sell
the Leased Premises to Tenant in accordance with the terms set forth herein.
C. Purchase Price. In connection with the exercise by Tenant of the Right of First
Refusal, the purchase price payable by Tenant to Landlord for the Leased Premises shall
be the same as set forth in the Offer Agreement, plus any sums then-currently due from
Tenant to Landlord under this Lease.
D. Delivery of Deed. At the closing of the sale of the Leased Premises, Landlord
shall execute and deliver to Tenant (i) a warranty deed for the Leased Premises in
recordable form, duly executed and acknowledged, conveying to Tenant fee simple,
insurable title to the Leased Premises; such conveyance of the Leased Premises; such
conveyance of the Leased Premises shall be subject to (a) the lien of the local ad valorem
real property taxes for the year in which the closing occurs (which taxes shall be prorated
at closing between Tenant and Landlord on a calendar year basis), (b) those matters of
record which are acceptable to Tenant; and (ii) any necessary access and utility
easements across the remainder of the Development to assure Tenant's continuing right
to access the Leased Premises and use the other portions of the Development following
the closing.
CIT CHITA FALL' ' XAS
BY: /�/l/�b�1( /1✓
lrron Leiker, City Manager
ATTEST: _______
CIT: 1 \ 'u
ity Clerk
APPROVED AS TO FORM: WICHITA COUNTY HUMANE
�) SOCIETY
:_'--5
BY:
am- � At or "� �, .
L
EXHIBIT A
LEASED PREMISES
•
•
FIELD NOTES FOR PROPOSED LEASE
FOR LOT I,BLOCK 4,REPLAT CHEROKEE INDUSTRIAL
PARK,6 ACRES CHEROKEE COUNTY SCHOOL LANDS
1207 HATTON ROAD
City of Wichita Falls(Owner)
1300 7'h Street
Wichita Falls,TX 76301
PROPOSED LEASE EASEMENT
BEGINING at a point,said point being in the east right of way line of Kimbell Drive(a previously dedicated right
of way to the City of Wichita Falls)and the southwest corner of Lot I, Block 4, Replat Cherokee Industrial Park,6
Acres Cherokee County School Lands,as recorded in Volume 3410,Page 245.Wichita County Deed Records,
Wichita Falls,Wichita County.Texas,and being more specifically described by metes and bounds as follows;
THENCE following the west property line of said Lot I,Block 4,North 00°37' 32"East, 190.00 to a point,said
point being in the east right of way of said Kimble Drive and the northwest corner of this lease easement;
THENCE leaving said east right of way of said Kimble Drive,South 89°22' 28"East,350.00 feet to a point,said
point being the northeast of this lease easement;
THENCE South 00°37'32"West, 190.11 feet to a point,said point being in the south line of said Lot I,Block 4,
and the Southeast corner of this lease easement;
THENCE following said south line.North 89°21' 23"West,350.00 feet to a point,said point being the southwest
corner this lease easement,in the east right of way of said Kimble Drive,in the east property line of said Lot 1,
Block 4,the PLACE OF BEGINNING and containing 1.53 acres of land,more or less.
I+ •ti
•
EXHIBIT B
DESCRIPTION OF LARGER CITY TRACT
(DEVELOPMENT)
- (1 I / I >
al
I
I
I-�
HATTON ROAD ,....._________
--)"
I ►
1
Il-
i �
I
. 11
I
� W ,
CY
0 5.98 ACRES I I /
___IS89'22'28'E
11
m 350.00' � J 1-1
I (.
C. I
w
M O M I i
MIo1.53 ACRES Ir.M
01 gi
.- plr-
O p
Z N 1
N89'21'23"W — — \
—A\ (
T — 350.00'— —\ 1
II
1
111
111
1207 HATTON ROAD I
SCALE: 1"=100'
\
1
I11
ACAD: Legal.dwg
EXHIBIT B
WICHITA FALLS HEALTH DEPARTMENT MAPPING MATRIX
HH TR TM UU
Healthy Treatable, Ability to Treatable, Unhealthy, Untreatable
be Rehabilitated Manageable
Feral < 12 weeks Allergies Aggression
Heartworms Breed Autoimmune Diseases
Kennel Cough Hip Dysplasia Cancer
Mange Repeat Escape Canine Distemper
Pregnant Fearful Exotics
Nursing Mothers FLUTD Feral > 12 weeks
Ringworm Geriatric Feline Leukemia
URI House Soiling FIV
Ear Infections Separation Anxiety Hybrids
Coccidia Heart Murmur Medical Emergency
Physically Impaired Parvo
Seizures Panleukopenia
Diabetes Urban Wildlife
Too Young
< 8 wks. & <2 lbs.
EXHIBIT C
REQUIRED QUARTERLY REPORTING DATA
• Total number of dogs handled quarterly
• Total number of cats handled quarterly
• Total number of dogs adopted
• Total number of cats adopted
• Total number of dogs retrieved from City of Wichita Falls
• Total number of cats retrieved from City of Wichita Falls
• Total income received from City donations/sponsorships
• Total annual operating expenses
• Number of off-site adoption days conducted
• Number of volunteer hours donated
• Number and type of inspection (State or City) violations, if any
• Number of education activities for the public
• Copy of Society's annual external audit report to be provided in accordance with Society's
existing annual audit reporting schedule
• Track each animal by date of intake, source of intake, disposition, date of disposition