Res 2020-030/approving revisions to the Interlocal Agreement with Texas State University that provides for the provision of reclaimed water service to Texas State University in exchange for the transfer by Texas State University of certain rights to with

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by the CITY at a minimum of 400 (Four Hundred) acre feet, up to 1,117 (One Thousand One Hundred Seventeen) acre feet, annually; ii) multiplying the current reclaimed water rate by the actual volume of acre feet of reclaimed water consumed by TEXAS STATE; and iii) providing a credit in the amount of the difference, if any. For example, if the current reclaimed water rate of $439.90 per acre foot is multiplied by 1,117 -acre feet of water, the value of such water if $491,368.30 ($439.90 X 1,117 = $491,368.30). If TEXAS STATE consumes 400 -acre feet of water during a one-year period at a cost of $175,960.00, TEXAS STATE will be entitled to a credit in the amount of $315,408.30 (491,368.30 - $175,960.00 = $315,408.30)." 3. Article II AGREEMENT, Section 5 b Current Funds. This section of the Agreement is deleted in its entirety and is replaced with the following: "All payments under this Agreement shall be made in accordance with the Prompt Payment Provisions of Texas Government Code 2251. Performance by either party under this Agreement may be dependent upon the appropriation and allotment of funds. If funds are not appropriated or if an allotment of the necessary funds fails to be made, then the City or TEXAS STATE will issue written notice and the parties will renegotiate this Agreement in good faith to preserve the underlying tenets. If unable to reach agreement, the parties will participate in non-binding mediation using a mutually agreeable mediator and sharing equally in the mediation expenses. The City and TEXAS STATE acknowledge that appropriation, allotment, and allocation of funds are beyond their control. 4. Article II AGREEMENT, Section 5 Miscellaneous. This section of the Agreement is revised with the addition of the following paragraphs after Section 5 j: "k. Sovereign Immunity. Notwithstanding any provision of this Agreement, nothing herein shall be construed as a waiver by either party of its constitutional, statutory or common law rights, privileges, immunities or defenses. To the extent the terms of this paragraph conflicts with any other provision in this Agreement, the terms of this paragraph shall control. 1. Public Records. It shall be the independent responsibility of the City and Texas State to comply with the provisions of Chapter 552, Texas Government Code (the "Public Information Act"), as those provisions apply to the parties' respective information. The City is not authorized to receive public information requests or take any action under the Public Information Act on behalf of Texas State. Likewise, Texas State is not authorized to receive public information requests or take any other action under the Public Information Act on behalf of The City. In. Nondiscrimination. In their execution of this Agreement the Parties and others acting by or through them shall comply with all federal and state laws prohibiting discrimination, harassment, and sexual misconduct. To the extent not in conflict with federal or state law, the parties agree not to discriminate on the basis of race, color, national origin, age, sex, religion, disability, veterans' status, sexual orientation, gender W