Res 2015-159/approving an Interlocal Cooperation Agreement with the City of New Braunfels for a cooperative purchasing program

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424 S. Casten Avenue New Braunfels, Texas 78130 6.10 Public Information Act: The Parties understand that each City is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. This Agreement and all written and or digital information generated under this Agreement may be subject to release under the Act. It is agreed by all Parties to this agreement that the custodian of a record will be the Party that entered the data into the City's Network, if applicable. 6.11 Funding: The Parties acknowledge that each shall be responsible for funding related to their part of the shared connection and that there shall be no cost shared between Parties. In addition, the Parties acknowledge that funds for the payment for work performed by any of the Parties under the Agreement have been provided through the budget approved by the individual governing bodies 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. The Parties cannot guarantee the availability of funds, and enter into the Agreement only to the extent such funds are made available. The Parties acknowledge and agree that they will have no recourse against another for its failure to appropriate funds for the purposes of the Agreement in any fiscal year other than the year in which the Agreement was executed. 6.12 Consent and Approval: Unless otherwise expressly stated in this Agreement, whenever the consent or approval of a Party is required prior to the action to be taken by the other Party, such consent or approval will not be unreasonably withheld, denied, or delayed. 6.13 Survival of Covenants: Any of the representations,warranties,covenants,and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement will survive termination. 6.14 Binding Effect: The Parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. This Agreement will take effect immediately upon execution by both Parties hereof and will inure to the benefit and be binding upon the administrators, successors and assigns of the Parties hereto. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 6.15 Multiple Originals: It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which will be deemed an original for all purpose, but all of the counterparts will constitute one and the same instrument. EXECUTED this day of , 2015. Page 5