Res 128-2014 11/18/2014RESOLUTION NO. 128-2014
Resolution authorizing the City Manager to execute a contract with
Wild Bird Rescue, Inc. for the Care of Sick, Injured or Orphaned Wild
Birds
WHEREAS, the City operates an Animal Reclaim Center to meet the public’s
demand for animal intake, holdings, and sheltering of animals running at large or
dropped off by citizens of Wichita Falls, Texas; and,
WHEREAS, Wild Bird Rescue operates a place for the public to bring injured,
sick, and orphaned wild birds for treatment and pr ovides the community with humane
solutions to wild bird problems; and ,
WHEREAS, the City and Wild Bird Rescue desire to work in a collaborative
manner to ensure that injured, sick, and orphaned wild birds are placed with the
appropriate entity so they may be rehabilitated or treated in a humane manner.
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 Fall, Texas and Wild Bird Rescue, Inc.
PASSED AND APPROVED this the 18th day of November, 2014.
______________________________
M A Y O R
ATTEST:
____________________
City Clerk
Wild Bird Rescue Services Agreement
This Agreement is made as this the 18 day of November, 2014 by and between the City of
Wichita Falls, Texas (“City”) and the Wild Bird Rescue, Inc. (“Rescue”). The purpose of this
document is to enhance and improve the animal services provided to the Wichita Falls community.
Whereas, the City operates an Animal Reclaim Center to meet the public’s demand for
animal intake, holdings, and sheltering of animals running at large or dropped off by citizens of
Wichita Falls, Texas; and,
Whereas, Rescue operates a place for the public to bring injured, sick, and orphaned wild
birds for treatment and provides the community with humane solutions to wild bird problems;
and,
Whereas, the City and Rescue desire to establish responsibilities of the City and Rescue to
ensure that injured, sick, and orphaned wild birds are placed with the appropriate entity so they
may be rehabilitated or treated in a humane manner.
Now, Therefore, in consideration of the sum of $7,500 paid to Wild Bird Rescue, Inc. by
the City of Wichita Falls, the parties hereto do hereby agree as follows:
ARTICLE I
TERM
Section 1.1 Term: The term of this Agreement shall be a period of one year,
commencing on 1st day of December, 2014, and ending on 30th day of November, 2015.
Section 1.2 Automatic Extension: Unless terminated by either party, this Agreement
shall automatically renew annual each year up to five times.
ARTICLE II
DUTIES AND RESPONSIBILITIES
Section 2.1 Rescue’s duties in providing wild bird rescue for City:
2.1.1 Rescue shall accept all injured, sick, and orphaned wild birds from the City and
members of the public.
2.1.2 Rescue shall operate its bird rescue in a professional manner that will exemplify the
highest standards of quality, customer service, and decorum under the terms and conditions of this
Agreement.
2.1.3 Rescue will make all appropriate decisions in dealing with birds surrendered to
Rescue. This includes all decision making involving treatment, rehabilitation and humane
euthanasia.
2.1.4 Rescue shall make available to City statistical quarterly reports as requested by
City.
Section 2.2 City’s duties:
2.2.1 City shall direct all bird inquiries from the public to Rescue. Any injured, sick, and
orphaned wild bird brought to City will be transferred to Rescue for appropriate treatment.
2.2.2 City shall pay $7,500 per year to Rescue on the anniversary date of the beginning
of the contract for the duration of the term.
ARTICLE III
ASSIGNMENT
Section 3.1 Rescue is not authorized to sell or assign its interests in this Agreement
without the prior written consent of City.
ARTICLE IV
TERMINATION
Section 4.1 Any party can terminate this agreement with 60 days’ notice in writing to
the other party.
ARTICLE V
INDEMNIFICATION
Section 5.1 Rescue 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 by any person or
persons, provided that any such claim, damage, loss or expense is attributable to bodily injury,
sickness, disease, or death, or to injury to or destruction of property caused by the tortious act or
negligent act or omission of Rescue or its agents, employees or subcontractors.
ARTICLE VI
MISCELLANEOUS
Section 6.1 Entire Agreement. This Agreement, and the Exhibits and Riders, if any,
attached hereto and forming a part hereof, set forth all the covenants, promises, a greements,
conditions and understandings between City and Rescue.
Section 6.2 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 Rescue.
Section 6.3 Notices. Any notice pursuant hereto shall be given in writing by (a)
personal delivery, or (b) expedited delivery service with proof of deliver y, 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
Rescue’s (as the case may be) agent, attorney, or representative.
Rescue’s Address: Wild Bird Rescue, Inc.
Attn: Cassandra Cieslak, Executive Director
4611 Lake Shore Drive
Wichita Falls, Texas 76310
City’s Address: City of Wichita Falls
Attn: Lou Kreidler, Director of Health
1700 Third Street
Wichita Falls, Texas 76301
Section 6.4 Captions and Section Numbers. The captions, section numbers, article
numbers and index appearing in this Agreement are inserted only as a matter of convenience.
Section 6.5 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
attorneys’ fees from the other party. Rescue understands that pursuant to TEXAS LOCAL
GOVERNMENT CODE §271.153(a)(3), the total amount of money awarded in an adjudication
brought against a government al entity for breach of contract includes reasonable and necessary
attorneys’ fees that are equitable and just. Rescue expressly waives its statutory rights to recover
attorneys’ fees as outlined in §271.153(a)(3).
Section 6.6 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.
CITY OF WICHITA FALLS, TEXAS WILD BIRD RESCUE, INC.
By: By:
Darron Leiker City Manager
City of Wichita Falls Title: _________________________