Res 2023-126R approving amendments to an Interlocal Cooperation Agreement with Texas State University for the implementation of habitat improvement measures associated with the Edwards Aquifer Habitat Conservation Plan (2)

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C. City Agreements as to Plan Manager: The City agrees to: 1. Employ one full-time employee of the City as the Plan Manager who coordinates the EAHCP planning effort on behalf of both Parties, together with any other employees the City deems appropriate to assist the Plan Manager. 2. Provide the Plan Manager with office space and make the Plan Manager available to the University at reasonable times for consultation regarding matters involving the San Marcos River and associated watersheds. 3. Supervise the Plan Manager, with the understanding that the City will have sole 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 Project: 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. 4. Pay the University a total fee not-to-exceed $2,830,316.56 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.The following is a breakdown of the University's compensation per year: 4