Res 2023-126R approving amendments to an Interlocal Cooperation Agreement with Texas State University for the implementation of habitat improvement measures associated with the Edwards Aquifer Habitat Conservation Plan (2)

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Objective#1 -Non-Native Plant Removal $170,000.00 Objective#2 - TWR Planting $ 10,000.00 Objective#3 —Managing Key Recreation Measure $ 56,000.00 Objective#3 —Removal of Floating Plants $ 30.000.00 Annual Amount Per Year: $266,000.00 Total Not To Exceed Amount: $2,830,316.56 The City will make payment based upon the percentage complete within each Objective. Reimbursable expenses are included in the not-to-exceed fee for each Objective. Section 2. Term The term of this Agreement will commence on January 1,2021 and will end on March 31,2028,unless terminated sooner by either party in accordance with Section 4.9,below. Section 3.Miscellaneous Provisions 1. Interlocal Cooperation: The City and the University agree to cooperate with each other in good faith at all times during the term of this Agreement in order to achieve the purposes and intent of this Agreement. Each party to this Agreement acknowledges and represents that this Agreement has been executed by its duly authorized representative. 2. Entire Agreement: This Agreement, including appendices and referenced attachments represents the entire and integrated agreement between the Parties and supersedes all prior proposals, negotiations, representations, understandings and agreements either written or oral between the Parties. This Agreement may not be modified or amended except by written amendment or an authorization of change form executed by both Parties. Neither Party may assign this Agreement without the written consent of the other party except that the Parties reserve their constitutional, statutory and common law rights, privileges, immunities and defenses. 3. Invalid Provisions: Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be construed as not containing the provision and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. 4. Applicable Law: This Agreement is governed by the laws of the State of Texas. Exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. 5. 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 5