Ord 2017-023/authorizing the issuance and sale of City of San Marcos, Texas, Waterworks and Waste Water System Revenue Bonds, series 2017a in the amount of $4,760,000; providing for the security for and payment of said bonds; prescribing the form of said

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(i) Indemnification. The City further agrees, to the extent permitted by law and solely from water and wastewater funds provided by the City to indemnify, hold harmless and protect the TWDB from any and all claims or causes of action arising from the sampling, analysis, transport, removal and off-site disposition of any contaminated media that may be generated by the City, its contractors, consultants, agents, officials and employees as a result of activities related to the City. 0) Contract Requirement. The City will abide by all applicable construction contract requirements related to the use of iron and steel products produced in the United States, as required by the 2014 Federal Appropriations Act and related State Revolving Fund Policy Guidelines. (k) Remedies. The TWDB, so long as it is owner of the Bonds, may exercise all remedies available to it in law or equity, and any provision of the Bonds that restricts, or limits the TWDB's full exercise of these remedies shall be of no force and effect. (1) Environmental Expenditures. The City covenants and agrees that none of the proceeds of the Bonds will be expended on costs incurred or to be incurred relating to the sampling, testing, removing or disposing of potentially contaminated soils and/or media at the project site. (m) Environmental Indemnity. The City agrees to indemnify, hold harmless and protect the TWDB, so long as it is owner of the Bonds, from any and all claims, causes of action or damages to the person or property of third parties arising from the sampling, analysis, transport, storage, treatment and disposition of any contaminated sewage sludge, contaminated sediments and/or contaminated media that may be generated by the City, its contractors, consultants, agents, officials and employees as a result of activities relating to the project to the extent permitted by law. (n) Disadvantaged Businesses. Prior to the release of funds for professional consultants including, but not limited to, the engineer, financial advisor, and bond counsel, as appropriate, the City will provide documentation to the TWDB that it has met all applicable state procurement requirements as well as all federal procurement requirements under the Disadvantaged Business Enterprises program. (o) Prohibition Against Acquiring TWDB Source Series Bonds. Neither the city nor a related party thereto, will acquire any of TWDB's Source Series Bonds in an amount related to the amount of the Bonds to be acquired from the City by the TWDB. (p) Environmental Finds. The City covenants and agrees to comply with all conditions as specified in the final environmental finding of the TWDB Executive Administrator, including the standard emergency discovery conditions for threatened and endangered species and cultural resources. SANMARCOS/W W W SRev2017A: Ordinance 46