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3. City of San Marcos and San Marcos River Foundation Mutual Commitments. <br /> a. Protocols and Guidelines for Purchase of Materials.The City and SMRF will jointly <br /> follow the protocols and guidelines for the purchase of materials to construct trails <br /> as indicated below: <br /> i. Identifying materials to be purchased including quantities, cost, and the <br /> vendor in which materials will be purchased; <br /> ii. City Staff will purchase the materials following the current City Purchasing <br /> Policy; which may include requesting quotes, bidding, and/or City Council <br /> approval. <br /> iii.Any materials SMRF purchases directly will be deducted from the Grant <br /> Amount. <br /> iv. City Staff will submit a reimbursement request to SMRF every quarter of the <br /> fiscal year. <br /> v. SMRF Staff will submit reimbursement to the City within 30 days of receiving a <br /> City reimbursement request. <br /> vi.SMRF staff will maintain a log of all requests and the statuses. <br /> 4. Miscellaneous. <br /> a. The obligations of the City are subject to the appropriation of funds by the San <br /> Marcos city council for the purposes of this MOU during the fiscal year in which <br /> the obligation arises. <br /> b. This MOU may not be assigned by either party without the written consent of the <br /> other party. <br /> c. To the extent permitted by law, by entering into this MOU, the City does not waive its <br /> immunity from suit or liability that may be provided under applicable statutes,the <br /> Texas Constitution or law.Total expenditures by the City under this MOU may not <br /> exceed $50,000.00 without the approval of the San Marcos City Council. <br /> d. This MOU may be executed in one or more counterparts. PDF or digital copies of this <br /> executed MOU will be deemed to be effective and enforceable as if originals. <br /> e. Subject to either party's right to terminate earlier herein,the term of this MOU will <br /> be for the duration of the period for SMRF's performance under the grant funding <br /> agreement with TPWD. <br /> f. Notwithstanding any other provision in this MOU regarding the term or default and <br /> termination, either party may terminate this agreement by giving at least 90 days' <br /> advance written notice of termination to the other party.The notice will state the <br /> date of the termination. <br /> g. If any clause or provision of this MOU is determined to be illegal, invalid or <br /> unenforceable, it is the intention of the parties that the remainder of this MOU will <br /> not be affected, and the parties declare that this agreement would have been <br /> entered into without the unenforceable portion. <br /> h. This MOU may not be altered, changed, or amended, except by a written document <br /> signed by both parties.The terms, provisions, covenants and conditions contained in <br /> this MOU will apply to, inure to the benefit, and be binding upon the parties, and <br /> upon their respective successors in interest and legal representatives, except as <br /> otherwise expressly provided. <br /> 3 <br />