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INTERLOCAL AGREEMENT WITH SOUTHWEST TEXAS STATE UNIVERSITY EDWA~S AQUIFER ~SEARCH AND DATA CENTER MICROBIOLOGICAL ANALYTICAL SERVICES STATE OF TEXAS COUNTY OF HAYS The City of San Marcos ("San M~cos") and Southwest Texas State University ("SWT"), enter into this Interlocal Agreement under the authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended. Section 1. Term The term of this Agreement will commence on July 1, 2003 and continue until June 30, 2007 unless terminated in accordance with Section 4(f). Section 2. Scope of Services SWT agrees to perform microbiological analytical services for the City of San Marcos on an as needed basis upon notification by the City in accordance with SWT's proposal attached to this Agreement as Attaclunent A. Section 3. Compensation The City agrees to pay SWT a not-to-exceed total of $25,000.00 per year for SWT's services under this Agreement. SWT will bill the City in accordance with the cost per sample rates included in Attachment A for services rendered in the previous month, and the City will pay for the services within 30 days of its receipt of invoices fi'om SWT. In the event that the cost per sample rates m'e increased, SWT will notify the City no later than 60 days prior to the date the rates are scheduled to increase. The City and SWT acka~owledge that payments for the services performed under this agreement will be made from cun'ent revenues available to the City, and that the City's payment under this agreement is in an amount that fairly compensates SWT for these services. Section 4. Miscellaneous Provisions a) Interlocal Cooperation: The City and the SWT agree to cooperate with each other in good faith at all times during the term of this Agreement in order to achieve the purposes and InterlocalSWT$ 1