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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discretion in the hiring and termination of persons for the Plan Manager position and may change the responsibilities, reporting structure,job title or classification of the Plan Manager 4. Provide to the University by March 1 of each year the amount of the salary and benefits for the Plan Manager proposed to be allocated by the City in the City's upcoming fiscal year budget for the applicable year. 5. Cooperate with the University so that the Plan Manager provides an active and constructive role in assisting the University in achieving its HCP obligations and by September 1 of each year, agree in writing as to the projects in which the Plan Manager will be involved during the next twelve-month period. D. City Agreements as to the Proiect: The City agrees to: 1. Provide specific guidelines for the work to be performed in accordance with the HCP and other protective federal and state permit requirements. 2. Monitor, for compliance the University's work against the EAHCP work plan requirements. 3. Designate the Plan Manager as the City's representative in all matters related to this Agreement. SECTION 3. Compensation Section 3. Compensation shall be replaced in its entirety with the following: The City shall reimburse University a total fee not-to-exceed $2,852,316.56 for the University's performance of Services. The University shall submit invoices to the City on a monthly basis and the City will pay the University within thirty (30) days of the City's receipt of the invoices.Neither party to this Agreement expects that there will be a need for the provision of additional services. The City and the University will negotiate the compensation for additional services in the event those services become necessary. Upon acceptance, the City shall forward an Authorization of Change In Service (ACIS) for execution by both Parties. Attachment B to this Contract is part of this Modification 2 replacing the annual compensation schedule in its entirety: SECTION 4. Term Section 4. Term shall be replaced in its entirety with the following: The term of this Modification 2 will commence on January 1, 2021 and will end on March 31, 2028, unless terminated sooner by either party in accordance with Section S.G. Termination. The Contract 217-077 spans from January 1, 2017 thru March 31, 2028. 4