Res 2011-156 - Laserfiche WebLink

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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 Buda to San Marcos for care in the Shelter. Section 3. Term The initial term of this Agreement will commence on January 3, 2012 and will end on September 30, 2012. The Agreement will continue for four additional years from October 1, 2012 through September 30, 2016 unless terminated by either party in accordance with section 4.1-1 of this Agreement. Thirty days prior to the termination of this Agreement, San Marcos and Buda will review the performance by the other party, and determine whether to continue the partnership for an additional term. If the parties decide to renew the agreement, for an additional term, they will negotiate the terms and conditions of an interlocal agreement binding them to such an arrangement at that time. Section 4. Miscellaneous Provisions A. Interlocal Cooperation: San Marcos and Buda 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 Buda 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 recourse against the other for its failure to appropriate funds for the purposes of this Agreement in any fiscal year other than the year in which this Agreement was executed. The fiscal year for both Buda and San Marcos extends from October 1 st of each calendar year to September 30th of the following calendar year. C. Entire Agreement: This Agreement contains the entire agreement between the parties and supersedes all prior understandings and agreements between the parties regarding such matters. This Agreement may not be modified or amended except by written agreement executed by both parties. Neither party may assign this Agreement without the written consent of the other party. D. Interpretation: The parties acknowledge and confirm that this Agreement has been entered into pursuant to the authority granted under the Act. All terms and conditions are to be construed and interpreted consistently with the Act. E. Invalid Provisions: Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be construed as not containing the provision and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. 3