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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identity or gender expression. Any breach of this covenant may result in termination of this Agreement. n. Right to Audit. The City understands that acceptance of funds under this Agreement constitutes acceptance of the authority of the State of Texas Auditor's Office or any successor agency ("Auditor"), to conduct an audit or investigation in connection with those funds pursuant to Sections 51.9335(c), Texas Education Code. The City shall cooperate with any authorized agents of the State of Texas and shall provide them with prompt access to all the information as requested. The City's failure to comply with this requirement shall constitute a material breach of Agreement and shall authorize TEXAS STATE and the State of Texas to assess immediately appropriate damages for such failure. The City acknowledges and understands that the acceptance of funds under Agreement shall constitute consent to an audit by the State Auditor, Comptroller or other agency of the State of Texas. The City shall ensure that this paragraph concerning the State's authority to audit funds received indirectly by subcontractors through the City and the requirement to cooperate is included in any subcontract it awards. Furthermore, under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the State Auditor must provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit. o. Independent Audit. The City agrees that Texas State, or any of its duly authorized representatives, at any time during the term of this Agreement, will have access to, and the right to audit and examine, any pertinent books, documents, papers, and records of the City (such as sales receipts, salary lists, itemized expenses and disbursements, time reports, equipment charges, overtime reports, etc.), and related City's charges incurred in its performance under this Agreement. Such records will be kept by the City for a period of four years after Final Payment under this Agreement. The City agrees to refund to TEXAS STATE within thirty days of being notified by TEXAS STATE of any overpayments disclosed by any audits. P. Ethics Matters; No Financial Interest. The City and its employees, agents, representatives and subcontractors have read and understand The System's Conflicts of Interest Policy and Code of Ethics at https://gato-docs.its.txstate.edu/jer:34a3flal-48af-4b2b-9abb- 42921fb9ae23/Rules%20and%20Reaulations%20May%202018 pdf and applicable state ethics laws and rules, including Senate Bill 20 (84th Texas Legislature, 2015). The City represents and warrants that no member of the Board has a direct or indirect financial interest in the transaction that is the subject of this Agreement. Neither the City nor its employees, agents, representatives or subcontractors will assist or cause The System employees to violate The System's Conflicts of Interest Policy, The System's Ethics Code, or applicable state ethics laws or rules Further, the City agrees to comply with §2252.908, Texas Government Code (Disclosure of Interested Parties Statute), and 1 TAC §§46.1 through 46.5 (Disclosure of Interested Parties Regulations), as implemented by the Texas Ethics Commission (TEC), including, among other things, providing the TEC and The System with information required on the form promulgated by TEC, The City may learn more about these disclosure requirements, including the use of TEC's electronic filing system, by reviewing the information on TEC's website at https://www.ethics.state.tx.us/whatsnew/FAQ Form1295 html.