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Home My WebLink AboutC2019-072 - 2/26/2019 - Approved INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A&M AGRILIFE EXTENSION SERVICE AND THE CITY OF CORPUS CHRISTI REGARDING SOIL TESTING PROGRAM WHEREAS,Texas A&M AgriLife Extension Service("AGLF")and the City of Corpus Christi("City")are authorized by Chapter 791 of the Texas Government Code to enter into an interlocal cooperation contract; WHEREAS,Section 791.035 of the Texas Government Code states that a local government and an Institution of higher education or university system may contract with one another to perform any governmental functions and services; WHEREAS,Section 791.035 provides that if the terms of the contract provide for payment based on cost recovery,any law otherwise requiring competitive procurement does not apply to the functions and services covered by the contract; WHEREAS,in 2012,the City received its Texas Pollution Discharge Elimination System (TPDES)Permit No.TXG870011 from the Texas Commission on Environmental Quality with respect to the discharge of biological and or chemical pesticides that leave a residue to water when such applications are made into or over, including near waters of the United States(U.S.)under the terms and conditions imposed by the Pesticide General Permit TXG870000; WHEREAS,the City seeks a program element to promote and publicize the proper use,application,and disposal of household chemicals including, pesticides,herbicides,and fertilizers by public,commercial, and private applicators and distributors; WHEREAS,the City will coordinate with the Texas AgriLife Extension Center to sponsor free soil testing for City of Corpus Christi residents; NOW,THEREFORE,the parties hereto agree as follows: 1. PURPOSE.The purpose of this Agreement is for AGLF to provide Routine Analysis Soil Testing services for City of Corpus Christi residents as further described In Exhibit A. 2. STATEMENT OF WORK. AGLF agrees to perform all services as outlined in Exhibit A. 3. PERIOD OF PERFORMANCE.The work described in Exhibit A shall be conducted during 2019 Calendar year,unless earlier terminated in accordance with Section 5 below. 4. PRICE AND PAYMENT. A. As compensation for the performance of services and work performed under this Agreement, the City agrees to pay AGLF $12.00 per soil test analysis, not to exceed$19,872.00 which AGLF acknowledges is full cost recovery of all services provided by or thru AGLF under this Agreement. C2019-072 2/26/19 Texas A&MRes.AgriLife Extension SCANNED- B. The parties agree that all expenditures under this agreement shall be paid with current revenues of the paying party. C. The parties acknowledge that continuation of this agreement beyond City's current fiscal year is subject to annual budget process and appropriation of funds. D. Invoices for compensation shall be submitted to the following address: City of Corpus Christi Attn: Jeff Turner,Utilities-Treatment P.O.Box 9277 Corpus Christi,TX,78469-9277 5. TERMINATION.Performance under this agreement may be terminated by either party with or without cause upon 90 days of written notice. 6. NOTICES.All notices to parties under this Agreement shall be in writing and sent to the names and address stated below. Either party to the Agreement may change the name and address by notice to the other in accordance herewith,and any change shall take effect immediately upon receipt of the notice. AGLF Texas A&M Agrilife Extension Service 2147 TAMU College Station,TX 77843-2147 CITY City of Corpus Christi Attn: Jeff Turner, Utilities-Treatment P.O.Box 9277 Corpus Christi,TX,78469-9277 7. AMENDMENTS AUTHORIZED.The representatives who were authorized to sign this agreement are authorized to execute minor amendments to this agreement,to extend deadlines or minor changes in the scope of work. 8. SEVERABILTY.If any of the provisions of the agreement in the application thereof to any person or circumstance,is rendered or declared Illegal for any reason,or shall be invalid or unenforceable,the remainder of the agreement and the application of the provision to other persons or circumstances shall not be affected thereby but shall be enforced to the greatest extent by applicable law.The City and AGLF agree that this agreement shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9. DISPUTE RESOLUTION PROCESS.To the extent applicable,the dispute resolution procedures provided In Chapter 2260 of the Texas Government Code will be used to resolve contract claims under this contract. 10. MISCELLANEOUS.This agreement constitutes the entire agreement between the parties relative to the subject matter and may only be modified or amended by a written agreement signed by both parties.It shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF,the parties have caused this agreement to be executed by their authorized representative. TEXAS A&M AGRILIFE EXTENSION SERVICE By.` ----1 Name: Stephen A.Schulze Title:Asst.Vice Chancellor for Administration Texas A&M A iLife Date: ill to(ke Ism CITY OF CORPUS CHRISTI A T /‘/,/ €ln Q C% I1 B : ,/,ii,,//L.,44/// �,/ //� i� y , Reb cca Huerta Samuel Keith Sel a City Secretary City Manager APPROVED AS TO FORM: This.0 day of 12{/17 2018 A4h Lisa Aguilar,A ' tant City Attorney For City Attorney1Z2QQ c� . 031 `e U ,u1 nun�..� sy C OUNCI!_ 1 I SFCRETAQv / EXHIBIT A Description of Routine Soil Test Analysis to be Performed by AGLF The Soil,Water and Forage Testing Laboratory,Department of Soil and Crop Sciences,Texas A&M AgriLife Extension Service will conduct a routine analysis of each soil sample submitted.A Routine analysis checks for pH,nitrate, nitrogen, phosphorus,potassium,calcium, magnesium,sodium,sulfur and conductivity.