Res 2016-115/approving an Interlocal Cooperation Agreement between the City and Texas State University for water quality analytical testing services in an annual amount of $80,000.00

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$80,000.00 per year for the University's satisfactory performance of its Services under this Agreement. The University will bill the City monthly as the work progresses in accordance with the cost per sample rates included in Attachment A for services rendered in the previous month. The City will pay these amounts within 30 calendar days from its receipt and approval of invoices from the University, less disputed amounts, pending resolution thereof In the event that the University determines that a rate increase is necessary, the University will notify the City no later than 60 days prior to the date rates are scheduled to increase in order to negotiate the proposed rates. In the event of a rate increase, the new rates will be included in this Agreement utilizing an Authorization of Change in Services Form ("ACIS") attached as Attachment B. Section 4. Term The term of this Agreement will commence on September 6, 2016. This Agreement will renew automatically each year on this date for successive terms of one year each for five terms under the same terms and conditions unless terminated by either party in accordance with Section S.G. Section 5. Miscellaneous Provisions A. Interlocal Cooperation: The City and the University agree to cooperate with each other in good faith at all times during the term of this Agreement in order to achieve the purposes and intent of this Agreement. Each party to this Agreement acknowledges and represents that this Agreement has been executed by its duly authorized representative. B. Funding: The City and University acknowledge that funding under this Agreement will be made from current revenues available to the City, and that the City's payment under this Agreement is in an amount that fairly compensates the University for these services. Funds for the participation in this Agreement have been provided through the City budget approved by City Council for the current fiscal year only. State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. However, the cost of services covered by this contract is considered a recurring requirement and is included as a standard and routine expense of the City to be included in each proposed budget within the foreseeable future. City Council expects this to be an integral part of future budgets to be approved during the period of this contract except for un-anticipatable needs or events which may prevent participation in this contract. However, the City cannot guarantee the availability of funds, and enters into this contract only to the extent such funds are made available. The fiscal year for the City extends from October 1St of each calendar year to September 30th of the following calendar year. C. Entire Agreement: This Agreement contains the entire agreement between the parties and supersedes all prior understandings and agreements between the parties regarding such matters. This Agreement may not be modified or amended except by written agreement executed by both parties. Neither party may assign this Agreement without the written consent of the other party.