Res 2016-084/approving an Interlocal Agreement with Texas State University-San Marcos for archeological services

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Agreement is in an amount that fairly compensates the University for these services. Funds for the participation in this Agreement have been provided through the City budget approved by City Council 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. However, the cost of services covered by this contract is considered a recurring requirement and is included as a standard and routine expense of the City to be included in each proposed budget within the foreseeable future. City Council expects this to be an integral part of future budgets to be approved during the period of this contract except for un- anticipatable needs or events which may prevent participation in this contract. However, the City cannot guarantee the availability of funds, and enters into this contract only to the extent such funds are made available. The fiscal year for the City extends from October 1St of each calendar year to September 301h of the following calendar year. D. Entire Agreement: This Agreement contains the entire agreement between the parties and supersedes all prior understandings and agreements between the parties regarding such matters. This Agreement may not be modified or amended except by written agreement executed by both parties. Neither party may assign this Agreement without the written consent of the other party. E. Interpretation: The parties acknowledge and confirm that this Agreement has been entered into pursuant to the authority granted under the Act. All terms and conditions are to be construed and interpreted consistently with the Act. F. Invalid Provisions: Should any provision in this Agreement be found or deemed invalid, this Agreement will be construed as not containing the provision and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. G. Applicable Law: This Agreement is governed by the law of the Sate of Texas. Exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. H. Termination: Either party may terminate this Agreement by giving a 30 calendar day advance written notice to the other party. I. Authorized Representatives: Laurie Moyer, P.E., Director of Engineering and Capital Improvements is the City's authorized representative who will act on the City's behalf with regard to this Agreement and W. Scott Erwin, Director, Office of Sponsored Programs, is the University's authorized representative who will act on the University's behalf with regard to this Agreement. J. Binding Effect. This Agreement shall take effect immediately upon execution by both parties hereof and shall inure to the benefit and be binding upon the administrators, successors and assigns of the parties hereto. Agreed to and accepted this 21St day of June 2016. 3