Res 2013-159(a)/Approving an interlocal cooperation contract w/EAA and Texas State University for Edwards Aquifer Habitat Conservation plan program

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this Funding Contract. The Parties understand and agree that this Funding Contract does not create a fiduciary relationship between them, they are separate entities, the City of San Marcos /Texas State University is an independent contractor with respect to the Conservation Measures or other Program Activities to be implemented hereunder and is not subject to the direct or continuous control and supervision of the EAA. Nothing in this Funding Contract is intended or will be construed to constitute either Party as a subsidiary, joint venturer, partner, employee, servant, representative, or other agent of the other Party for any purpose whatsoever. Nor will either Party have the authority to bind the other in any respect. Each Party will remain an independent contractor responsible for its own actions except as otherwise specifically provided herein. The EAA shall have no right of direction or control of the City of San Marcos /Texas State University, or its employees and agents, except as to the results to be obtained, and in a general right to order the implementation of the Conservation Measures or other Program Activities to start or stop as agreed to herein, to inspect the progress of the implementation of the Conservation Measures or other Program Activities to be performed, and to receive reports. The City of San Marcos /Texas State University shall accommodate reasonable requests from the EAA to allow EAA employees, agents or representatives to accompany and observe the implementation of the Conservation Measures or other Program Activities as described in each approved Application. M. Payment from Current Revenues. Pursuant to Section 271.903(a), Texas Local Government Code, this Funding Contract is conditioned upon, and the EAA agrees to use its best efforts to obtain and appropriate funds for the payment of all payments and obligations due under the terms of this Funding Contract. The City of San Marcos /Texas State University acknowledges and agrees that all payments and other obligations due under the terms of this Funding Contract shall be deemed to be the commitment of the EAA's current revenues only. Moreover, the City of San Marcos /Texas State University acknowledges that pursuant to Section 791.011(d)(3), Texas Government Code, the EAA must make any payments made under this Funding Contract only from current revenues available to the EAA. The City of San Marcos /Texas State University will not have the right to demand payment by the EAA from any funds raised or to be raised by taxation (other than revenues from a regional sales tax as an alternative funding source under Subsection 6.4.1 of the FMA), and the EAA's obligation under this Funding Contract will never be construed to be a debt of the EAA of such kind as to require it under the Constitution and laws of the State to levy and collect an ad valorem tax to discharge such obligation. Moreover, the City of San Marcos /Texas State University agrees and understands that the cost of implementation of the Conservation Measures or other Program Activities by the City of San Marcos /Texas State University under this Funding Contract and the approved Application will be paid solely from Program Aquifer Management Fees, or funding contributions from third - parties, disbursed from the HCP Program Account of the EAA as provided by Sections 5.1, 5.3, 5.4 and 5.6 of the FMA, and that the EAA will not be obligated to provide funding beyond the sources and limitations identified in the approved Application. N. Informal Negotiations; Mediation. In the event any controversy arising under this Funding Contract is not resolved by informal negotiations between the Parties within 30 days after any Party requests negotiations, then, upon the request of any Party, the controversy will be referred to mediation, which process will be governed by the Texas Civil Practice and Remedies Code, Chapter 154, as may be amended, or its successor statute. Failing identification of a mutually acceptable mediator, the mediation will be conducted by the University of Texas School 10 of 14