Res 2022-218R/approving a contract with Buyers Barricades through the Buyboard Purchasing Cooperative in the estimated amount of $70,637.50 for the purchase of five electronic message boards for the Neighborhood Enhancement Department

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INTERLOCAL AGREEMENT This Interlocal Agreement is entered into by and between Texas State University ("Texas State") and the City of San Marcos, Texas (the "City")under the authority of the Texas Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. Texas State and the City may hereinafter also be referred to as a"Party" or, collectively, as the "Parties." I. Recitals 1.01. Texas State and the City have a mutual interest in improving drainage conditions to mitigate adverse impacts from stormwater to property in the vicinity of Sessom Creek,buffering the neighborhood, and improving general safety near the Texas State University campus and in protecting Sessom Creek. 1.02. The City is undertaking a capital improvements project that will advance these mutual objectives (the "Project"). In order to successfully execute the Project, however, it will be necessary for the Parties to exchange certain real property interests. 1.03. Texas State and the City have identified property, rights-of-way and easements as shown in Exhibit A, attached hereto (the "Property") and incorporated herein, the exchange of which shall facilitate execution of the Project. 1.04. Texas State and the City have also identified certain irregularities in the common boundary between certain tracts of land owned by Texas State and the City, as shown in Exhibit A, that are best resolved in conjunction with the Project. 1.05. Texas State and the City have determined that, in consideration of the mutual benefits to the Parties under this Agreement, the property interests being exchanged pursuant to this Agreement are of comparable value and,therefore,may be exchanged without need for further consideration. 1.06. The purpose of this Agreement is to identify the property interests to be exchanged by the Parties in connection with the Project and to delineate the roles and contributions of the Parties regarding the surveying and replatting related to such exchange of property interests and the conveyances of such property interests. 1.07. The activities of the Parties under this Agreement are governmental as defined in §791.003 of the Texas Government Code. 1.08. For the reasons above, the Parties enter into this Agreement under the terms and conditions below. II. Coordination and Cost Participation 2.01. Surveying Services. Pursuant to applicable procurement laws and policies, the City will enter into a contract with Byrn&Associates, Inc. for surveying and replatting associated with the property interests being exchanged, as shown on Exhibit A. Each Party will pay one-half of the costs for the surveying services provided by Byrn & Associates, Inc. After approval by the Parties of the replat prepared by Byrn&Associates, Inc., Texas State agrees to reimburse the City for one-half of the actual costs for the replat within 30 days after receipt of an invoice from the City detailing such costs and pursuant to the requirements of the Prompt Payment Act codified at Chapter 2251 of the Texas Government Code. 2.02. Mutual Approval of Surveys and Replat. Texas State and the City will coordinate