Item 02: Edwards Aquifer Habitat Conservation Plan

Status
Not open for further replies.

COSM_Admin

Administrator
Staff member
Consider approval of Resolution 2021-163R, approving the Second Amendment to the Interlocal Agreement between the City and Texas State University relating to the implementation of the Edwards Aquifer Habitat Conservation Plan to, among other things, include a description of the duties and compensation of the Habitat Conservation Project Manager and extend the agreement through March 31, 2028; authorizing the City Manager or his designee to execute the Amendment on behalf of the City; and declaring an effective date.
 

JHughson

CoSM Members
The background information in the ARF states that “The City and Texas State University executed an inter-local contract 217-077 on December 20, 2016” and “Modification 1 was signed on December 19, 2019” but the agreement states “Modification 1 on February 12, 2020” - are there two or one modifications for that time period?

The initial MOU was done in May 2001. Is the 2016 agreement a REPLACEMENT or a second agreement that is separate with different tasks?
How many agreements do we have regarding this topic?

There is a lot of heavy editing done in the document - deleting Recitals/Whereas statements and I don't see that content in the document anymore. What was the need to redo all of that and delete a lot of stuff that seems important? Is this a standalone addition and the original document still stands?

So exactly what are we trying to accomplish with this agreement? Other than the dollar amount and extending the term by a year.
* I see the addition of removing floating plan mats. However, in section 4 it states "removed" as in past tense. I see floating mats addressed in the 2016 agreement but it's shown as new in the agreement we are asked to approve. Same text.
* I see that the university will now include "volume of plant material removed/pushed"in their monthly reports.
* I see the section on Plan Manager seems to be but is that really new? It's in the old ones.
* I see the Compensation section is different but other than removing the itemized Objective list and the amount is different, has anything else changed?
* I see the term has changed extending this by a year. No question there.
* Misc Provisions. Looks like some important items are now gone and not replaced. Why?
I see G, I, N, P, Q, R, S, are replaced but I don't see the original text that is being replaced.
 

COSM_Admin

Administrator
Staff member
Response to Mayor Hughson provided by Melani Howard, Habitat Conservation Plan Manager:
The background information in the ARF states that “The City and Texas State University executed an inter-local contract 217-077 on December 20, 2016” and “Modification 1 was signed on December 19, 2019”the document shows a signature block dated Dec 19, 2019 but the agreement states “Modification 1 on February 12, 2020” - are there two or one modifications for that time period? TXST requested the executed contract in Feb 2020 which triggered a second signature of the same document. The original execution is Dec 19 2019, which TXST has received and replaced the Feb 12 2020. So the agreement needs to be changed.

The initial MOU was done in May 2001.This was a document to agree on the sharing of the HCP position between city and txstate. It is separate from the 2016 ILA. However, the Mod 2 is a result of TXST requesting that these two documents be merged for efficiency. Is the 2016 agreement a REPLACEMENT or a second agreement that is separate with different tasks? After the Mod 2 is approved, there will only be one document.

How many agreements do we have regarding this topic? Two – the 2001 MOU and the 2016 ILA (with Mod 1)

There is a lot of heavy editing done in the document - deleting Recitals/Whereas statements and I don't see that content in the document anymore. What was the need to redo all of that and delete a lot of stuff that seems important? TXST reformatted for clarity and efficiency. Is this a standalone addition and the original document still stands? This is the second modification of the original 2016 ILA.

So exactly what are we trying to accomplish with this agreement? Other than the dollar amount and extending the term by a year.

* I see the addition of removing floating plan mats. That was added in Mod 1 However, in section 4 it states "removed" as in past tense. I see floating mats addressed in the 2016 agreement but it's shown as new in the agreement we are asked to approve. Same text. This objective was left out in TXST’s first submission of changes, so they added it back in. Thus it looks like a change but it’s just adding what should have already been there.
* I see that the university will now include "volume of plant material removed/pushed"in their monthly reports.
* I see the section on Plan Manager seems to be but is that really new? It's in the old ones. This text is in the separate MOU (2001); txst wanted it merged into this ILA for efficiency. It is not new.
* I see the Compensation section is different but other than removing the itemized Objective list and the amount is different, has anything else changed? No other changes.
* I see the term has changed extending this by a year. No question there.
* Misc Provisions. Looks like some important items are now gone and not replaced. Why? TXST reformatted the provisions to comply with TXST contract template requirements. Changes were all reviewed by Purchasing.
I see G, I, N, P, Q, R, S, are replaced but I don't see the original text that is being replaced. The original language for G and I is on page 7. NPQR are additions. S is a re-lettering.
 
Status
Not open for further replies.
Top