Res 2022-138R Approving a Restatement and Amendment to the Interlocal Agreement between the City of San Marcos, City of Kyle, City of New Braunfels and TXSU.

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ARTICLE I PURPOSE The purpose of this Agreement is for the Parties to establish a framework for the collaboration by the Parties to plan, organize and provide the first Texas Regional Stormwater Conference that is focused on other Small MS4 Permit Holders in Texas. This conference will satisfy the training requirements imposed by the Parties' respective MS4 Permits and Stormwater Management Plans. Finally, the governing bodies of the Parties find that the performance of this Agreement is in the common interest of each Party. ARTICLE II TERM The term of this Agreement will commence on the last date of execution (the "Effective Date") and will remain in full force and effect for one year from that date. This Agreement will automatically renew for successive periods of one (1) year terms in accordance with the terms and conditions stated herein, unless sooner terminated as provided herein. ARTICLE III TERMINATION Either Party may terminate this Agreement for any reason by providing thirty (30) calendar days prior written notice to each of the other Parties. ARTICLE IV RIGHTS AND DUTIES 4.1 Designated Fiscal Agent. The City of Kyle City Council has adopted Resolution No. 1067 in which it approved the opening of a separate bank account to account for Non-City of Kyle financial activities associated with this Agreement. The Parties understand and agree that the City of Kyle shall be the Fiscal Agent for this Agreement and as such shall be responsible for establishing and maintaining a separate account for revenues and expenditures needed to effectuate the purpose of this Agreement that will comply with all applicable state laws. 4.2 Voluntary Participation. Participation by the Parties is voluntary. Nothing in this Agreement will prevent a Party from purchasing and/or accepting and awarding contracts subject to this Agreement on its own behalf without a right to reimbursement from the funds collected pursuant to this Agreement. 4.3 Payment Process. Each Party, identified as a municipal organization herein, will make payments directly to the vendor under the contract made pursuant to applicable procurement procedures of the Texas Local Government Code. Texas State University shall pay all invoices in accordance with the Texas Prompt Payment Provisions of Texas Government Code 2251. The vendor will bill the Party placing the order for goods and services directly and said Party will be responsible for the respective vendor's compliance with provisions relating to the quality of Page 2