Res 2019-136/approving an interlocal agreement with Texas State University (Edwards Aquifer Research and Data Center) providing for groundwater quality monitoring services in the vicinity of the Kissing Tree Subdivision

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Texas State #A 2020-0007 INTERLOCAL AGREEMENT CITY OF SAN MARCOS AND TEXAS STATE UNIVERSITY FOR COLLECTION AND ANALYSIS OF ORGANIC WASTEWATER CONTAMINANTS The City of San Marcos ("City") and Texas State University ("Texas State") enter into this Interlocal Agreement under the authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended. Section 1. Purpose of Agreement The purpose of this Agreement is to provide systematic monitoring of groundwater near the Kissing Tree site from both up gradient and down gradient wells to assess the effects of applying reclaimed water on the golf course, as well as residential herbicides and insecticides over the recharge and contributing zones of the Balcones Fault Zone Edwards Aquifer. Texas State and the City agree that this agreement serves a public purpose. Section 2. Scope of Services and Payment a) Texas State agrees to; 1. Monitor water quality during development to assess the effects of local construction, effluent applied to the golf course, and urban runoff that could include insecticides and herbicides used on the development. 2. Continue the systematic water quality monitoring program developed for three wells (one or two up -gradient and one or two down -gradient) among the COSM and San Marcos National Fish Hatchery and Technology Center wells that are located adjacent to the Kissing Tree site. 3. Provide reports of analytical findings and other deliverables to the City on at least an annual basis. The work to be performed under this Agreement is more specifically described and detailed in the Scope of Services attached hereto and incorporated herein by reference as Attachment A. b) Payment. The City agrees to pay Texas State an amount not to exceed $150,000 (approximately $30,000 per year for 5 years) for the satisfactory performance of its services under this Agreement. Texas State will submit periodic invoices to City for the work defined in Attachment A. Payments for services will be made to Texas State within 30 days of receipt of the invoice. Section 3, Term The term of this Agreement begins immediately upon execution by both parties and shall continue in effect for 5 years. The parties agree and understand that the term of this agreement and the provision of the data and deliverables may be affected by the phasing or progress of the Kissing Tree development. Subject to Section 4(0), this Agreement may be modified as needed to conform to Kissing Tree build- out.