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Res 167-2022 Inter Local Agreement with Wichita County for limited Animal Control Services 12/20/2022 Resolution No. 167-2022 Resolution authorizing the execution of an Inter Local Agreement between the City of Wichita Falls and Wichita County for the provision of limited Animal Control Services in the unincorporated areas of Wichita County WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code; and, WHEREAS, the Parties are local governments, as that term is defined in Section 791 .011 of the Texas Government Code; and, WHEREAS, the Parties wish to enter into this Agreement for the purpose of providing impoundment services for animals found outside the City limits; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Inter-local agreement, a copy of which is attached hereto, by and between the City of Wichita Falls and Wichita County for the provision of limited animal control services in the unincorporated areas of Wichita County, is hereby approved, and the Mayor is authorized to execute said Agreement on behalf of the City of Wichita Falls. STATE OF TEXAS § COUNTY OF WICHITA § INTERLOCAL AGREEMENT BETWEEN THE CITY OF WICHITA FALLS TEXAS AND WICHITA COUNTY FOR THE IMPOUNDMENT OF ANIMALS FOR CERTAIN PURPOSES. THIS INTERLOCAL AGREEMENT is entered into on the day of , 2022, by and between the City of Wichita Falls, hereinafter called "City", and the County of Wichita, hereinafter called "County", both parties being political subdivisions and local governments of the State of Texas, both acting by and through their duly authorized representatives, according to the provisions of the Interlocal Cooperation Act, Texas Government Code, Section 791 et seq. County and the City are referred to collectively herein as the "Parties," or individually as a"Party." WITNESS WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code; and, WHEREAS, the Parties are local governments, as that term is defined in Section 791.011 of the Texas Government Code; and, WHEREAS, the Parties wish to enter into this Agreement for the purpose of providing impoundment services for animals found outside the City limits; and, WHEREAS,both governing bodies have reviewed and approved this interlocal agreement and conditions herein. NOW, THEREFORE, it is mutually agreed upon by the parties: L PURPOSE The purpose of this agreement is to cooperate in the impoundment of animals located in the covered area which are suspected of having rabies and which are required to be quarantined because of the animal owner's failure to quarantine the animal in compliance with the Wichita County Rabies Control Order. An additional purpose of this agreement is to cooperate in the impoundment of stray animals found in the covered area upon the request of the Wichita County Sheriff's Office. The deputy requesting assistance shall remain on site, until the animal is impounded by an Animal Care Officer. The term "covered area" shall mean the area located outside the corporate limits of the City, but within the unincorporated areas of the County. II. AUTHORIZATION This agreement shall be duly authorized by the governing body of each party, as evidenced by the signatures of each chief administrative officer herein. Failure of each governing body to authorize this agreement shall render this agreement void. III. RESPONSIBILITIES Upon the request of the Wichita County Sheriff's Office or other County officials, the City agrees to pick up any animals in the covered area which are stray or need to be quarantined as determined by the County or the Local Rabies Control Authority. City agrees to deliver such animals to the Animal Services Center located at 1207 Hatton Road Wichita Falls Texas. The owner of any animal impounded for quarantine shall have the right to reclaim the animal upon payment of all quarantine and boarding fees for each day the animal is held at the Animal Services Center. The owner shall also be responsible for payment of the trip fee and the per animal fees charged to the County at the time of impoundment. Such fees will be reimbursed to the County upon receipt. The owner is responsible for showing proof of current rabies vaccination. If the animal does not have a current rabies vaccination. The owner must purchase a voucher and show proof of vaccination within 10 days of reclaim. If the animal is not reclaimed, all associated fees shall be paid by the County. The County shall pay the City for the pickup and delivery of stray animals. The fee will be set annually by City Council and will be agreed upon by both parties. There will be a fee for each trip and for each animal picked up and delivered to the Animal Services Center. IV. AMENDMENTS This agreement contains all commitments and agreements of the parties, and no other oral or written commitment shall have any force or effect if not contained herein. Any proposed amendment shall not become effective until approved in writing by both parties to this agreement. V. TERM AND EFFECTIVE DATE This agreement shall become effective upon approval by the governing body of both parties and signing by the authorized agent of each party. It shall remain in effect until terminated by either party upon written notice and setting forth a date of termination. The parties agree that each shall have the right to terminate this agreement upon thirty (30) days written notice to the other party. VI. GENERAL PROVISIONS A. Venue and Governing Law. The parties hereby consent and agree that state courts located in Wichita County, Texas, and the United States District Court for the Northern District of Texas (Wichita Falls Division) each shall have personal jurisdiction and proper venue with respect to any dispute between the parties arising in connection with this Agreement. In any such dispute, the parties shall not raise and do hereby expressly waive, any objection or defense to such jurisdiction as an inconvenient forum. B. Dispute Resolution. The Parties to this Agreement will work together in good faith to resolve any controversy, dispute, or claim between the Parties which arises out of or relates to this Agreement whether stated in tort, contract, statute, claim for benefits, bad faith, professional liability or otherwise ("Claim'). Nothing herein is intended to prevent either Party from seeking any other remedy available by law including seeking redress in a court of competent jurisdiction. This provision shall survive the termination of this Agreement. C. No Waiver of Immunities.Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to the Parties, their past or present officers, employees, or agents, nor to create any legal rights or claim on behalf of any third party. The Parties do not waive, modify, or alter to any extent whatsoever the availability of the defense of governmental immunity under the laws of the State of Texas and the United States. D. Governmental Function. All parties agree that this contract is one that pertains solely to a governmental function taken by or on behalf of the City. All parties expressly agree that the City is not engaging in any proprietary functions. E. Contractual Damages Limitation.Neither Party shall be liable for consequential damages, exemplary damages, or damages for unabsorbed home office overhead. F. Waiver of Attorney's Fees. If any action at law or in equity is necessary to enforce this agreement, each party agrees to pay its own attorneys' fees and will not seek to recover its own attorneys' fees from the other party. All parties understand that Texas Local Government Code subchapter I, § 271.153(a)(3) provides that the total amount of money awarded in an adjudication brought against a governmental entity for breach of a contract includes attorneys' fees. All parties expressly waive all statutory and other rights to recover attorneys' fees pursuant to § 271.153(a)(3) and all other law. VII. SAVINGS CLAUSE In the event one or more provisions contained in this agreement shall for any reason be found to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this agreement. IN WITNESS WHEREOF, the Parties of this agreement have executed the same as of the effective date first written above, each respective party acting by and through its governing body and authorized agent in the manner required by each party's charter or by law. WICHITA COUNTY CITY OF WICHITA FALLS, TEXAS By: By: Woodrow Gossom Jr., County Judge Stephen Santellana, Mayor ATTEST: ATTEST: By: By: Marie Balthrop, City Clerk Approved as to Form: Approved as to Form: By: By: City Attorney PASSED AND APPROVED this the 20th day of December 2022. MAYOR ATTEST: 17/ c�- BC CityClerk