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<br /> <br />123. <br /> <br />mTERLOCALAGREEMENT <br />WITH SOUTHWEST TEXAS STATE UNIVERSITY <br />FOR TOXICITY TESTmG <br /> <br />STATE OF TEXAS <br /> <br />COUNTY OF HAYS <br /> <br />The City of San Marcos ("San Marcos") and Southwest Texas State University ("SWT"), <br />Edwards Aquifer Research and Data Center enter into this lnterlocal Agreement under the authority <br />or the InterJocal Cooperation Act, Chapter 7Cil of the -Cexas Government Code, as amended. <br /> <br />1. SWT agrees to perform 7 day chronic ('Jxieity and 24 hour acute toxicity tests on a <br />monthly basis using Pimephales promelas, Ceriodaphnia dubia, and Daphnia pulex test species. <br />SWT further agrees to perform these tests in 0. timdy a'Jd good and vvorkmanlike manner and in <br />accordance with the protocols specified in TPDES Per~lt #1 0273.tl02. <br />\ )000.00 ~ ~ <br />2 The City agrees to pay SWT $+;B0.00 per month \vithin 30 days of its receipt of an <br />invoice from SWT for the satisfactory completion of its services. Both parties agree that if a retest <br />is needed for the 7 day chronic test, the terminated test will be prorated for up to 3 days. After the <br />4th day the full charge will be billed. The parties also agree that there is no charge for the initial 24 <br />hour test if the test is started at the same time as the 7 day chronic test. However if a retest is <br />required for the 24 hour acute test a charge of$1 00.00 will be incurred to cover the cost of organisms <br />for the retest and failed test. <br /> <br />3. The City and S WT acknowledge that their payments for the services performed under <br />this agreement will be made from current revenues available to each of them, and that City's <br />payment under this agreement is in an amount that fairly compensates the SWT for these services. <br /> <br />4. Either party may terminate this Agreement by giving 60 days advance written notice <br />to the other party. <br /> <br />5. Neither party may assign this Agreement without the written consent of the other <br /> <br />party. <br /> <br />6. This agreement will take effect immediately upon execution by both parties hereof <br />and shall inure to the benefit and be binding upon the administrators, successors and assigns of the <br />parties hereto. The term of this agreement run from November 1, 2001 until October 31,2002. This <br />Agreement may be renewed upon 15 days written notice of intention to renew by the City. <br /> <br />InterlocalSWT2.wpd <br /> <br />City Hall .. 630 East Hopkins EO San Marcos, Texas 78666 .. 512/393-8150 .. FAX 512/393-3983 <br />