2002-04-08 Regular Meeting and Workshop Meeting

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e e Texas General Land Office Coastal Erosion Planning and Response Act (CEPRA)-MATCH Mail Code 127 P.O. Box 12873 Austin, TX 78711-2873 Attn: Dianna Gordon 3.02. ALTERNATIVE SOURCE FUNDING. The parties agree to work cooperatively to investigate and secure funding from sources other than the Account. Alternative sources of funding acquired by the Qualified Project Partner after the execution of this Agreement may be used to meet the Partner Match, subject to the approval of the GLO. Financial assistance from the Beach Cleaning and Maintenance Assistance Program pursuant to 31 Texas Administrative Code Chapter 25 (Vernon 2001) may not be used to meet the Qualified Project Partner's cost- sharing requirement. 3.03. STATE FUNDING. This Agreement shall not be construed as creating any debt on behalf of the State of Texas and/or the General Land Office in violation of Sec. 49, Art. III of the State Constitution. In compliance with Sec. 6, Art. VITI of the Constitution, it is understood that all obligations of the State hereunder are subject to the availability of State funds. If such funds are not appropriated or become unavailable, this Contract may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date oftermination. 3.04. AUDIT. The GLO reserves the right to audit any Qualified Project Partner account related to the subject project and to verify any expense item submitted for reimbursement by the Qualified Project Partner, who will permit the GLO to inspect, and will make available for inspection, any and all pertinent records, files, information, and other written materials pertaining to the expenditure of funds on the Alternatives Analysis. The Qualified Project Partner further agrees to maintain, keep, and preserve at its principal office all, such records, and all other records associated with this Agreement, for a period offour (4) years following the completion or termination of this Agreement and to make the same available to the GLO or other agencies of the state or federal government for purposes of audit. ' IV. MISCELLANEOUS PROVISIONS. 4.01. OTHER LAW. Incorporated by reference the same as if specifically written herein are the rules, regulations, and other requirements imposed by law, including but not limited to compliance with those pertinent statutes, rules, and regulations of the State of Texas and those of federal agencies providing funds to the State of Texas, all of which shall apply to the performance of the services hereunder. 4.02. PARTNER COMPLIANCE. This paragraph applies only to a local governmental entity subject to the provisions of the Open Beaches Act (Texas Natural Resources Code, Chapter 61) and the Dune Protection Act (Texas Natural Resources Code, Chapter 63). The Qualified Project Partner acknowledges that it will reimburse the Account for any costs to the erosion response 4