Res 2016-005/approving an interlocal agreement with the Lower Colorado River Authority for the design, installation and commissioning of a Solar/Photovoltaic System at Five-Mile Dam Park

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INTERLOCAL COOPERATION AGREEMENT FOR DESIGN, INSTALLATION, AND COMMISSIONING OF A SOLAR/PHOTOVOLTAIC SYSTEM BETWEEN CITY OF SAN MARCOS (OWNER) AND LOWER COLORADO RIVER AUTHORITY (CONTRACTOR) This Interlocal Cooperation Agreement ( "Agreement ") is entered into by and between the Lower Colorado River Authority ( "LCRA "), a conservation and reclamation district of the State of Texas, and the City of San Marcos ( "San Marcos "), a home rule city and a political subdivision of the State of Texas, pursuant to the authority granted and in compliance with the provisions of the Texas Interlocal Cooperation Act (Chapter 791, Texas Government Code) to be effective for all purposes as of JoL"Lt r , 201 (the "Effective Date "). (LCRA and San Marcos may also be referred to individually as a "Party" and collectively as the "Parties. ") 1. Entire Agreement. This Agreement, including any documents attached hereto or referred to on the face hereof, constitutes the entire agreement between the Parties, and any reference to "Agreement" shall be understood to include any such attached or referenced documents (provided, however, that in the event of any conflict between these terms and conditions and any such other documents, these terms and conditions will control). LCRA shall not be bound by the terms and conditions in San Marcos' purchase order or elsewhere unless expressly agreed to in writing. In the absence of written acceptance of these terms, acceptance of services hereunder shall constitute an acceptance of these terms and conditions by San Marcos. 2. Calendar Day Contract. This Contract is a calendar day contract, unless otherwise established in the Contract or agreed to by both Parties. 3. Project. As used herein, the term "Project" shall mean the design and installation of an approximate 24kWh photovoltaic system on premises of the Five - Mile Dam Park and connected to the electric grid of the Pedernales Electric Cooperative utility. Any work outside of the Project will be considered a Change Order and will be managed as detailed in Section 11 of this Agreement. 4. Work. As used herein the term "Work" shall mean all design, labor, supervision, construction, construction documentation, construction tools, utility coordination, and all other services necessary to timely and fully construct the Project in accordance with the plans and specifications set forth in the Statement of Work (SOW) attached hereto. 5. Compliance with Law and Permits. LCRA shall comply, and shall cause all of its Subcontractors to comply, with all applicable laws and applicable permits or approvals from or required by any government authority that are necessary for the construction of the Project. LCRA shall perform the Work in a manner to protect the environment on and off the Project site and avoid damage and minimize nuisance to persons and property. No other permit, ordinance, or franchise shall be required by San Marcos for LCRA's access and installation of the Project.