Res 2021-163/Approving the 2nd Ammendment to the Interlocal agreement between the city and Texas State University relating to the implementation of the Edwards Aquifer Habitat Conservation plan.

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INTERLOCAL COOPERATION AGREEMENT For Removal of Non-Native Plants, Texas Wild Rice Enhancement and Management of Key Recreation Areas Contract Number: 217-077, Modification 2 STATE OF TEXAS COUNTY OF HAYS THIS INTERLOCAL MODIFICATION is made by and between the State of Texas acting by and through the City of San Marcos ("City") and Texas State University ("University") and shall become effective when fully executed. Each of these entities is, at times, referred to in this Contract and Modification individually as a "Parry," and both are referred to collectively as "Parties." BACKGROUND The City and University executed Contract 217-077 on December 29, 2016 and Modification 1 on February 12, 2020. The Parties initially entered into a Memorandum of Understanding ("MOU") in May, 2001 under which the Parties would jointly fund the compensation of a person employed by the City to manage the habitat conservation planning efforts on behalf of both Parties (the "Plan Manager"). Among other activities in connection with the Edwards Aquifer Habitat Conservation Plan (EAHCP), the City contracted with the University to remove non-native plants in the San Marcos River and replant with Texas Wild Rice ("TWR") and other native aquatics. Additionally, education of river users and maintenance activities will be accomplished(the "Project"). This Project is being accomplished in accordance with to Section 10 (a)permit and is funded by the Edwards Aquifer Authority (EAA). NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agree to modify Contract 217-077, including the Modification 1 as follows: MODIFICATIONS SECTION L SCOPE OF MUTUAL SERVICES shall be replaced in its entirety with the following: A. University Agreements Regarding the Plan Manager: The University agrees to: 1