Res 2023-147R approving a Public Transit System Interlocal Agreement with the Capital Area Rural Transportation System (“carts”) for carts to provide public transit service and maintenance in the San Marcos urbanized area

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are bound to the Texas Open Meetings Act and other regulations which may, in some cases, result in delays in the patties' respective designees securing authority necessary to resolve a dispute.No party may file a claim or lawsuit in any forum before the parties are finished using the above procedures, have had an opportunity to deliberate on the matter at a properly noticed meeting of its governing body, and the parties have participated in mediation with a mediator qualified and experienced in public-safety contracts of this or a similar nature. A court or other authority may stay a proceeding or dismiss a claim pending the patties' use of these procedures—except that a party may ask the court or authority to appoint a mediator if the parties cannot agree on one. c. Emergency Exception. As an exception,party may file a petition and an application for a temporary restraining order, preliminary injunction, declaration, or similar equitable relief in the event of an emergency and to continue or restore the status quo that existed prior to the dispute. 20. Miscellaneous a. Compliance with Laws. In carrying out is obligations under this Agreement, the Parties shall comply with all applicable state, federal and local transportation, safety and other laws, rules, regulations. b. Entire Agreement. This Agreement is the entire agreement of the parties on this subject matter, and may be amended only by a written document executed by the authorized representatives of the parties. c. Severability. If any part of this Agreement is determined to be invalid by a court or regulatory authority of competent jurisdiction, the rest of the agreement remains in effect unless contrary to the manifest intent of the parties. d. Assignment.Neither party may assign its rights or obligations under this Agreement without the written consent of the other party. e. Current Revenues. The parties to this Agreement expressly acknowledge and agree that all monies paid pursuant to this Agreement shall be paid from current lawfully appropriated revenues available to the paying party. f. No Co-Employers. The parties are not agreeing to act as co-employers of any persons by virtue of this Agreement alone. Likewise,the parties are not entering a joint-venture or agency relationship by virtue of this Agreement alone. g. No Personal Liability, No Waiver of Immunity, No Non-Party Beneficiaries. This Agreement does not create any form of personal liability on the part of any official, officer, employee,or agent who is an individual.Each party will not sue or try to hold an official,officer, employee, or individual agent of the other party personally liable for any personal injuries or City of San Marcos Public Transit System October 1,2020 CARTS Interlocal Agreement P. 8