Res 2017-022/Interlocal Agreement between City and General Land Office (GLO) to assist administration of Disaster Recovery Funds from U.S. Department of Housing and Urban Development (HUD-DR)

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DocuSign Envelope ID: 4DE5ACDB-41 F6-481 D-AFDF-B4C9F4C755EA GLO Contract No. 17-362-000-A396 Page 3 of 7 8. TO THE EXTENT ALLOWED BY LAW, AND EXCEPT FOR DAMAGES DIRECTLY OR PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OF THE GLO, THE CITY, SHALL INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS, THE GLO, AND THE OFFICERS, REPRESENTATIVES, AGENTS, AND EMPLOYEES OF THE STATE OF TEXAS, AND THE GLO FROM ANY LOSSES, CLAIMS, SUITS, ACTIONS, DAMAGES, OR LIABILITY (INCLUDING ALL COSTS AND EXPENSES OF DEFENDING AGAINST ALL OF THE AFOREMENTIONED) ARISING IN CONNECTION WITH: • THIS AGREEMENT; • ANY NEGLIGENCE, ACT, OMISSION, OR MISCONDUCT IN THE PERFORMANCE OF THE SERVICES REFERENCED HEREIN; OR • THE PRESENCE OF GLO EMPLOYEES ON THE CITY'S PREMISES OR AS A RESULT OF GLO EMPLOYEES PROVIDING SERVICES TO THE CITY UNDER THIS AGREEMENT. THESE INDEMNITY REQUIREMENTS SHALL SURVIVE THE TERM OF THIS AGREEMENT UNTIL ALL CLAIMS HAVE BEEN SETTLED OR RESOLVED AND SUITABLE EVIDENCE TO THAT EFFECT HAS BEEN FURNISHED TO THE GLO. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. 9. Nothing contained in this Agreement shall be deemed or construed to create a partnership or joint venture, to create an employer-employee or principal -agent relationship, or to otherwise create for either Party any liability whatsoever with respect to the indebtedness, liabilities, and/or obligations of the other Party. 10. This Agreement shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation of Article III, Section 49, of the Texas Constitution. It is expressly understood and acknowledged that all obligations of the GLO hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Agreement may be terminated. In that event, the Parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests, accrued up to the date of termination. In addition, the GLO understands that funds for the payment for work performed by the GLO under this Agreement have been provided through the City's budget approved by the 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. The City cannot guarantee the availability of funds, and enters into this Agreement only to the extent such funds are made available. The GLO acknowledges and agrees that it will have no recourse against the City for its failure to appropriate funds for the purposes of this Agreement in any fiscal year other than the year in which this Agreement has been executed. The fiscal year for the City extends from October 1St of each calendar year to September 30th of the following calendar year. 11. This Agreement shall be effective as of the date executed by the last Party to execute the Agreement and shall terminate on September 31, 2017. The City and the GLO may agree to extend this Agreement by written amendment for successive one-year terms each year subject to Interlocal Agreement between GLO and the City of San Marcos Contract No. 217-190 Page 3