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HCFCD AGREEMENT NO. 2022-72 INTERLOCAL AGREEMENT THE STATE OF TEXAS § § COUNTY OF HARRIS § This Agreement is made and entered into pursuant to Texas Government Code Ann. 791.001, et seq. (the Interlocal Cooperation Act), by and between City of La Porte, Texas, a body corporate and politic under the laws of the State of Texas, located within Harris County, and hereinafter , and the Harris County Flood Control District, a body corporate and politic under the laws of the State of Texas, hereinafte WITNESSETH: WHEREAS, the City desires to improve the drainage system in the Bayside Terrace Subdivision located on City property and will design the demolition and reconstruction of the drainage system as illustrated on the documents attached hereto as Exhibit A; and WHEREAS, the District, whose mission is to provide flood damage reduction projects with appropriate regard for community and natural values, desires to contribute to the Project to reduce the flood risk to City residents; and WHEREAS, the City has estimated the cost of the Project to be $7,336,458.75, as shown on attached Exhibit B and the City is willing to contribute $4,462,940.38 () toward the cost of the Project; and WHEREAS, the District desires to contribute a maximum of $2,873,518.37 () toward the cost of the drainage components of the Project; and WHEREAS, it is to the mutual benefit of the City and the District to enter into this Agreement for the use and benefit of the public. NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the Parties, the Parties agree as follows: I. Within forty-five (45) days of the execution of this Agreement by both Parties, the District shall pay the City the sum of $2,873,518.37 as the District Contribution toward the cost of the Project. The City will contribute $4,462,940.38 as the City Contribution toward the cost of the Project. II. The City will be responsible for the hiring of consultants and/or awarding of contracts for the design and construction phases of the Project. The City will award the construction contract for determination of the lowest responsible bidder for the Project shall be final. If the City encounters environmental contamination or other issues that make it impossible to continue the Project during construction, it shall immediately halt all work on the Project until the Parties have discussed how to proceed. Under no circumstances shall the District be responsible for any remediation costs or any costs associated with contamination. If this Agreement is terminated by the City because of environmental contamination, the City will be responsible for all costs of the Project to the point of termination. -1-