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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RESTATED AND AMENDED INTERLOCAL COOPERATION AGREEMENT For Habitat Conservation Planning, Including Removal of Non-Native Plants,Texas Wild Rice Enhancement, Floating Vegetation Management and Management of Key Recreation Areas Contract Number: 217-077-1,Modification 1 STATE OF TEXAS COUNTY OF HAYS The City of San Marcos ("City") and Texas State University (the "University"), collectively referred to as the"Parties"enter into this Interlocal Agreement(the "Agreement") under the authority of the Interlocal Cooperation Act(the "Act"), Chapter 791 of the Texas Government code, as amended. RECITALS: WHEREAS, pursuant to their respective incidental take permits ("ITP") from the United States Fish and Wildlife Service ("USFWS"), the City and the University have worked cooperatively to achieve their common objectives under the Edwards Aquifer Habitat Conservation Plan ("EAHCP"). WHEREAS,the Parties initially entered into a Memorandum of Understanding ("MOU") in May 2001 (the "MOU") 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"). WHEREAS, among other activities in connection with the EAHCP, the Parties entered into an Interlocal Agreement ("Contract No. 217-077') in December 2017, as amended in December 2019 under which 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 aquatic plants. Additionally, education of river users and maintenance activities will be accomplished(the "Project"). WHEREAS, this Project is being accomplished in accordance with the EAHCP and a Section 10(a)ITP and is funded by the Edwards Aquifer Authority(`BAA"). WHEREAS, the average long-term biological goal for TWR in the EAHCP is 12,000 m2 and achieving this goal will require an 8000 m2 increase over the first phase (7 years) of the HCP period with an annual goal of approximately 1100 m2 of TWR restoration each year. WHEREAS, the Parties have identified necessary amendments to the MOU and to Contract No. 217-077 and determined that it is in the interest of economy and efficiency that the mutual obligations of the Parties in relation to both such agreements be consolidated into a Restated and Amended Interlocal Cooperation Agreement (Contract No 217-077-1). 1