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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The City is not authorized to receive public information requests or take any action under the Public Information Act on behalf of University. Likewise, the University is not authorized to receive public information requests or take any other action under the Public Information Act on behalf of the City. 8. Nondiscrimination: In their execution of this Agreement, the Parties and other 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 identity or gender expression. Any breach of this covenant may result in termination of this Agreement. 9. Termination: Either party may terminate this Agreement for convenience and without cause by giving a 120-calendar day advance written notice to the other party. This Agreement shall terminate effective as of the end of any fiscal year in which the University rejects in writing the proposed salary and benefits for the Plan Manager under Section I, A(3), except that the City, in its sole discretion, may continue this Agreement as to the Project.Each party shall be entitled to all payments due from the other for work or services completed up to the date of termination. each Party shall return any funds paid in advance for the performance of the uncompleted services or work. 10. Dispute Resolution:To the extent required by law,the dispute resolution process provided for in Chapter 2260 of the Texas Government Code shall be used to resolve a dispute arising under this Agreement. 11. Force Maieure: Except as otherwise provided, neither the City nor the University, shall be liable to the other for any delay in,or failure of performance, of a requirement contained in this Agreement caused by Force Majeure, incidents of force majeure will include but not limited to the following: acts of God, strikes, pandemics and epidemics, war, riots, flood, drought, fire, sabotage,or any other circumstances of like character. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed, provided the non-performing Party exercises all reasonable due diligence to perform. 12. FundinLY: The City and the University acknowledge that funds for the payment for work performed by the University under the Agreement are reimbursed to the City through the EAHCP program through the EAA as set forth in the EAHCP Interlocal Contract No. 20- 025-TES between the EAA and the City/University. EAHCP funding amounts to support work activities described in the annual City and University EAHCP workplan are subject to change. Annual EAHCP workplans and funding applications are subject to approval by the EAHCP Implementing Committee and EAA Board. Funds to support work activities have been provided through the City's budget approved by City Council for the current fiscal year only in the amount approved by the EAHCP Implementing Committee and EAA Board. State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. The City cannot guarantee the availability of funds and enters into the Agreement only to the extent such funds are made available. 7