Res 2015-005/approving interlocal contract with EAA, Texas State University for the expansion of the COSM Reclaimed Water System

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WHEREAS, the City proposes to expand its reclaimed water system to better serve the needs of the City, Texas State, and other users, and, in so doing, will support the EAA goal and the mission of the Edwards Aquifer Habitat Conservation Plan ( "EAHCP ") by helping the City and Texas State conserve Edwards Aquifer ( "Aquifer ") groundwater; and WHEREAS, this Contract is intended to satisfy the intent of Resolution and Order No. 12- 11 -673 of the Edwards Aquifer Authority Board of Directors adopted on December 28, 2011; and WHEREAS, this Contract is intended to satisfy the intent of the Parties in that certain Memorandum of Understanding last signed on September 26, 2014, wherein the Parties agreed to share in the City's cost to implement Phase 1 of the City's reclaimed water project described herein only, according to the general terms consistent with the MOU, as described in this Contract; and. WHEREAS, this Contract describes the Parties' agreement to share in the cost of Phase I of the City's expansion of its reclaimed water system to serve Texas State; and WHEREAS, it is in the public interest that the Parties enter into this Contract. AGREEMENT NOW THEREFORE, for and in consideration of the mutual promises and agreements set forth in this Contract, the EAA, the City, and Texas State agree as follows: ARTICLE I — TERM; DESCRIPTION OF WORK Section I.I. Term. This Contract is effective and commences on February 1, 2015 ( "Effective Date "), and terminates on December 31, 2020 ( "Expiration Date "). Section 1.2. Services. Subject to the terms and conditions of this Contract, the EAA engages the City to perform, for the benefit of the EAA and its management of the Aquifer and the implementation of the EAHCP, the work set forth and described in this Contract and in the following documents ( "Services "), which are attached hereto: (1) the Scope of Work which is attached hereto as Exhibit A ( "Scope of Work "); (2) the Budget Estimate which is attached hereto as Exhibit B ( "Budget Estimate "); and (3) the visual depiction of the proposed reclaimed water pipeline project route, which is attached hereto as Exhibit C. The City accepts such engagement and agrees to devote its best efforts and abilities, and furnish, through the use of contractors, all necessary labor, machinery, equipment, tools, and transportation necessary in furtherance of its engagement under this Contract. Section 1.3. Commencement and Completion of Services. The City will commence performing the Services immediately upon the date of receipt of the written notice to proceed issued by the EAA's General Manager. All Services will be completed and delivered to the EAA by the Expiration Date and shall be completed in compliance with the schedules, budgets, descriptions, and specifications contained in the Exhibits attached hereto. It shall be the City's 2of11