Res 2018-233/approving an Interlocal Agreement between the City of San Marcos and the City of Kyle to provide the City of Kyle with animal control, sheltering, and licensing services for an annual payment of $141,881 to be paid by the City of Kyle

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to this Agreement; 2. Appoint a representative to the San Marcos' Animal Shelter Advisory Committee; 3. Pay San Marcos $141,881 for the provision of its core services upon execution of this Agreement. Costs payable to San Marcos include all personnel, operating and maintenance and facility use charges. This amount does not cover extraordinary animal services such as a case of animal cruelty involving ten or more animals. Kyle will be required to cover the costs of any such animal -related case; 4. Fully comply with the policies and guidelines of the Shelter as they now exist and as they may be amended from time to time as well as any State law or agency rule governing the treatment of animals. Any noncompliance with the Shelter's Operating Procedures may result in termination of this Agreement. 5. The base fee of this agreement provides for the impoundment or intake of dogs and cats not to exceed a combined total of 1,450 animals in a single fiscal year. Additional animals will be received at an additional cost of $50.00 per animal. SECTION 2. TERM The term of this Agreement will commence upon approval of both the City of San Marcos City Council and the City of Kyle City Council and execution by their representatives. The Parties acknowledge that San Marcos is currently reviewing and studying its animal services efforts and the Parties anticipate negotiating a new long-term agreement over the next year. This Agreement will extend until a new Agreement is executed. The fee paid to the City of San Marcos will be pro -rated based on the annual basic payment amount should the Agreement extend past the current Fiscal Year. SECTION 3. INDEMNIFICATION To the extent allowed under applicable law, Kyle agrees to hold harmless, indemnify and defend San Marcos and its employees, agents, officers and servants from and against any and all lawsuits claims, demands and causes of action of any kind arising from the negligent or intentional acts, errors or omissions of the Kyle, its officers, employees or agents with respect to the pick-up and delivery of animals to the Shelter. Respectively, to the extent allowed under applicable law, San Marcos agrees to hold harmless, indemnify and defend Kyle and their employees, agents, officers and servants from and against any and all lawsuits, claims, demands and causes of action of any kind arising from the negligent or intentional acts, errors or omissions of San Marcos, its officers, employees or agents with respect to the care and disposition of any animal delivered by Kyle to San Marcos for care in the Shelter. SECTION 4. MISCELLANEOUS PROVISIONS A. Interlocal Cooperation: San Marcos and Kyle agree to cooperate with each other in good faith at all times during the term of this Agreement in order to achieve the purposes and intent of this Agreement. Each party to this Agreement acknowledges and represents that this Agreement has been executed by its duly authorized representative. B. Funding: San Marcos and Kyle acknowledge that funding under this Agreement will be made from current revenues available to each party for the current fiscal year only. State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Neither party can guarantee the availability of funds, and each enters into this Agreement only to the extent such funds are made available. Neither party will have 2