Res 2019-063/Interlocal Agreement with Texas State University for Watershed Protection Plan funding; providing for the reimbursement by Texas State University to the City of San Marcos in the sum of $35,000 for the development of best management practice

Home Browse Search

general right to order the implementation of the Program Activities to start or stop as agreed to herein, to inspect the progress of the implementation of the Program Activities to be performed, and to receive reports. The COSM shall accommodate reasonable requests from the UNIVERSITY to allow UNIVERSITY employees, agents or representatives to accompany and observe the implementation of the Program Activities as described in each approved WPP. M. Payment from Current Revenues. Pursuant to Section 271.903(a), Texas Local Government Code, this Funding Contract is conditioned upon, and the UNIVERSITY agrees to use its best efforts to obtain and appropriate funds for the payment of all payments and obligations due under the terms of this Funding Contract. The COSM acknowledges and agrees that all payments and other obligations due under the terms of this Funding Contract shall be deemed to be the commitment of the EAA's current revenues only. Moreover, the COSM acknowledges that pursuant to Section 791.011 ( d)(3), Texas Government Code, UNIVERSITY must make any payments made under this Funding Contract only from current revenues available to the UNIVERSITY. The COSM will not have the right to demand payment by the UNIVERSITY from any funds raised or to be raised by taxation and the UNIVERSITY's obligation under this Funding Contract will never be construed to be a debt of the UNIVERSITY of such kind as to require it under the Constitution and laws of the State to levy and collect an ad valorem tax to discharge such obligation, and that UNIVERSITY will not be obligated to provide funding beyond the sources and limitations identified in the approved WPP. N. Informal Negotiations; Mediation. In the event any controversy arising under this Funding Contract is not resolved by informal negotiations between the Parties within 30 days after any Party requests negotiations, then, upon the request of any Party, the controversy will be referred to mediation, which process will be governed by the Texas Civil Practice and Remedies Code, Chapter 154, as may be amended, or its successor statute. Failing identification of a mutually acceptable mediator, the mediation will be conducted by the University of Texas School of Law Center for Public Policy Dispute Resolution. The mediation process will continue until the controversy is resolved, the mediator makes a finding that there is no possibility of settlement through mediation, or either Party chooses not to continue further. All costs and expenses of the mediation (including the mediator's fees) will be shared equally by the Parties involved in the mediation, provided however, that costs incurred by each Party will be costs solely of such Party. 0. Force Majeure. If by reason of Force Majeure any Party hereto will be rendered unable wholly or in part to carry out its obligations under this Funding Contract, then if such Party will give notice and full particulars of such Force Majeure in writing to the other Party within a reasonable time after the occurrence of the event or cause relied on, the obligation of the Party giving such notice, so far as its performance is prevented by such Page 8 of 10