R-10-03-25-10D3 - 3/25/2010RESOLUTION NO. R -10-03-25-10D3
WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A.,
authorizes local governments and agencies of the state to enter into
agreements with one another to perform governmental functions and
services, and
WHEREAS, the City of Round Rock wishes to enter into an
Interlocal Agreement with the Brushy Creek Regional Utility
Authority Regarding Administrative Services for the Regional Water
Project, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Interlocal Agreement with the Brushy Creek
Regional Utility Authority, a copy of same being attached hereto as
Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 25th day of March, 2010.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
0:\wdox\SCC1nt$\0112\1005\MONICIPAL\00186535. DOC/rmc
INTERLOCAL AGREEMENT REGARDING
REGIONAL WATER PROJECT
ADMINISTRATIVE SERVICES
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
THIS INTERLOCAL AGREEMENT REGARDING REGIONAL WATER
PROJECT ADMINISTRATIVE SERVICES (the "Agreement") is entered into on this the
day of , 2010 by and between the BRUSHY CREEK REGIONAL
UTILITY AUTHORITY, a Texas local government corporation, whose offices are located at
221 East Main Street, Round Rock, Texas 78664-5299 ("BCRUA"), and the CITY OF ROUND
ROCK, TEXAS, a Texas home -rule city, whose offices are located at 221 East Main Street,
Round Rock, Texas 78664-5299 ("Round Rock"). In this Agreement, BCRUA and Round Rock
are sometimes individually referred to as a "Party" and collectively referred to as the "Parties."
RECITALS
WHEREAS, BCRUA will need the services of skilled and experienced professional
consultants and administrative support staff to perform certain necessary administrative services
on behalf of the Regional Water Project; and
WHEREAS, the purpose of this Agreement is to set forth the terms and conditions under
which BCRUA will contract with Round Rock for provision of such personnel; and
WHEREAS, BCRUA and Round Rock wish to document their agreement concerning
the requirements and respective obligations of the Parties:
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
promises and agreements of the Parties contained in this Agreement, the Parties agree as follows:
I.
DEFINITIONS
When used in this Agreement, capitalized terms not otherwise defined shall have the
meanings set forth below:
1.01 "Agreement" means this "Interlocal Agreement Regarding Regional Water Project
Administrative Services."
1.02 "BCRUA" means the Brushy Creek Regional Utility Authority.
1.03 "BCRUA System Project" means the collection of projects making up the current
undertaking, to be on-going simultaneously in various stages and at various construction sites
until approximately 2012.
00184650/jkg
0140.4634
1
EXHIBIT
"A"
1.04 "Cost Allocation Percentages" mean the percentage of costs to be paid to BCRUA by
BCRUA's member cities for the services of certain personnel, such percentages being delineated
on the Master Contract, Exhibit D entitled `BCRUA Project Capacity and Cost Allocation,
Updated July 23, 2008."
1.05 "Effective Date" means the last date of execution of this Agreement by the Parties,
provided that both Parties must execute this Agreement for it to be effective.
1.06 "Master Contract" means the Master Contract for the Financing, Construction and
Operation of the BCRUA Regional Water Treatment and Distribution Project, dated September
2, 2008, and its attached exhibits, such Master Contract made by and between BCRUA, the City
of Cedar Park, the City of Leander, and the City of Round Rock, Texas.
1.07 "Party" or "Parties" means the City of Round Rock and/or BCRUA, as applicable.
1.08 "Regional Water Project" means the regional water supply system which is intended to
provide an additional 105.8 million gallons per day of potable water supply to meet future water
demands of BCRUA member cities, based on projected population growth, as more fully
delineated in the Preliminary Engineering Report (the "PER").
1.09 "Support Costs and Administrative Costs" means all costs and expenses to be paid by
BCRUA to Round Rock for the services of administrative and support personnel.
1.10 "Round Rock" means the City of Round Rock, Texas.
II.
GENERAL MANAGER
2.01 Provision of Administrative and Support Personnel; Required Services
(A) Round Rock agrees to provide to BCRUA two (2) of Round Rock's employees
and one (1) of Round Rock's legal consultants, mutually acceptable to the Parties, to serve as
administrative and support personnel.
(B) Such personnel designated to deliver administrative and support assistance will
provide certain services to BCRUA in that capacity, such services being further delineated in
Exhibit "A" attached hereto and incorporated herein by reference for all purposes.
2.02 Access to Work Product
BCRUA and/or any of BCRUA's member cities shall be entitled to copies of any work
product produced by the referenced personnel in connection with their services. The entity
requesting a copy of such information shall pay all reasonable costs incurred in preparing and
furnishing the copies.
2
III.
PAYMENT FOR ADMINISTRATIVE SERVICES
3.01 All costs for administrative and support services shall be paid by BCRUA to Round
Rock from funds appropriated in a budget approved by the cities, as amended, in accordance
with this Article. BCRUA shall seek reimbursement from its member cities in accordance with
the budget and Exhibit D of the Master Contract, which exhibit is entitled `BCRUA Project
Capacity and Cost Allocation, Updated July 23, 2008."
3.02 Round Rock shall administer the compensation and other benefits paid to the referenced
personnel, who shall be treated as employees and/or professional consultants of Round Rock.
Each calendar quarter, Round Rock shall submit an invoice to BCRUA indicating the
compensation, benefits, and all other associated costs paid by Round Rock to or on behalf of the
referenced personnel. Following receipt of invoice, BCRUA shall forward its payment to Round
Rock within thirty (30) business days of such receipt of invoice.
IV.
GENERAL PROVISIONS
4.01 Authority. This Agreement is made in part under the authority conferred in Chapter 791,
Texas Government Code and Section 402.001, Texas Local Government Code.
4.02 Severability. The provisions of this Agreement are severable and, if any provision of this
Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the
remainder of this Agreement will not be affected and this Agreement will be construed as if the
invalid portion had never been contained herein.
4.03 Payments from Current Revenues. Any payments required to be made by a Party under
this Agreement will be paid from current revenues or other funds lawfully available to the Party
for such purpose.
4.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the
purposes and intent of this Agreement.
4.05 Entire Agreement. Except as otherwise expressly provided herein, this Agreement
contains the entire agreement of the Parties regarding payment by the BCRUA to Round Rock
for services of the referenced personnel, and supersedes all prior or contemporaneous
understandings or representations, whether oral or written, regarding the subject matter. The
Parties confirm that further agreements regarding the BCRUA System Project are contemplated
and will not be affected or limited by this Agreement.
4.06 Amendments. Any amendment of this Agreement must be in writing and will be
effective if signed by the authorized representatives of the Parties.
4.07 Applicable Law; Venue. This Agreement will be construed in accordance with Texas
law. Venue for any action arising hereunder will be in Williamson County, Texas.
3
4.08 Notices. Any notices given under this Agreement will be effective if (i) forwarded to the
other Party by hand -delivery; (ii) transmitted to the other Party by confirmed telecopy; or (iii)
deposited with the U.S. Postal Service, postage prepaid, certified, to the address of the Party
indicated below:
ROUND ROCK:
with a copy to:
221 East Main Street
Round Rock, Texas 78664
Attn: James R. Nuse, P.E.
Telephone: (512) 218-5410
Facsimile:(512) 218-7097
Email: jnuse@round-rock.tx.us
Stephan L. Sheets
309 East Main Street
Round Rock, Texas 78664-5264
Telephone: (512) 255-8877
Facsimile: (512) 255-8986
Email: slsheets@sheets-crossfield.com
BCRUA: 221 East Main Street
Round Rock, Texas 78664
Attn: Chris Lippe
Telephone: (512) 218-6617
Facsimile: (512) 218-3242
Email: clippe@bcrua.org
4.09 Force Majeure. Parties shall not be deemed in violation of this Agreement if prevented
from performing any of their obligations hereunder by reasons for which they are not responsible
or due to circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
4.10 Counterparts. This Agreement may be executed simultaneously in multiple
counterparts, each of which will be deemed an original, but all of which will constitute the same
instrument.
4.11 Authority. Each Party represents and warrants that it has the full right, power and
authority to execute this Agreement.
[Signatures appear on the following page]
4
CITY OF ROUND ROCK, TEXAS
By:
Printed Name:
Title:
Date Signed:
FOR CITY, ATTEST:
By:
Sara L. White, City Secretary
FOR CITY, APPROVED AS TO FORM:
By:
Stephan L. Sheets, City Attorney
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:
Printed Name:
Title:
Date Signed:
FOR BCRUA, ATTEST:
By:
John Cowman, Secretary
EXHIBIT "A"
SERVICES TO BE PROVIDED AND PERFORMED
BY ADMINISTRATIVE AND SUPPORT PERSONNEL
By Monique Adams, or successor to the same position:
1. Act as Administrator for the BCRUA SharePoint site.
2. Manage administrative documents on the SharePoint site.
3. Prepare BCRUA agendas and Board member packets.
4. Coordinate Board meetings.
5. Attend Board meetings, and take official minutes.
6. Maintain proper records of official actions of the Board.
7. Schedule BCRUA-related meetings.
8. Attend Operations Committee meetings.
9. Assist the General Manager and the Program Manager with administrative duties.
10. Coordinate with City Manager(s) and Board representatives on BCRUA-related topics.
By Saridon Chambless, or successor to the same position:
1. Act as travel coordinator for the General Manager and the Program Manager.
2. Handle all timesheet duties for the General Manager and the Program Manager.
By Stephan L. Sheets, Attorney at Law, or successor legal consultant:
1. Review and revise agendas for Board meetings.
2. Review individual submitted agenda items, and draft resolutions where appropriate.
3. Review open records requests.
4. Draft and review BCRUA contracts with third parties.
5. Review minutes drafts, in association with Monique Adams.
6
DATE: March 18, 2010
SUBJECT: City Council Meeting — March 25, 2010
ITEM: 10D3. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement
with the Brushy Creek Regional Utility Authority regarding Regional Water
Project Administrative Services.
Department:
Staff Person:
Justification:
Water and Wastewater Utilities
Michael Thane, P.E., Director of Utilities
The Brushy Creek Regional Utility Authority (BCRUA) needs the services of skilled and experienced
professional consultants and administrative support staff to perform certain necessary administrative
services on behalf of the Regional Water Project. This agreement sets forth the terms and conditions
under which the BCRUA will contract with Round Rock for provision of such personnel. Round Rock
agrees to provide to BCRUA two of Round Rock's employees and one of Round Rock's legal consultants
to serve as administrative and support personnel. All costs for administrative and support services shall
be paid by BCRUA to Round Rock according to the cost allocation outlined in the Master Contract
between the BCRUA and the three Cities.
Strategic Plan Relevance:
Goal 27.0 "Ensure there is an adequate, affordable and safe water supply."
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources:
Brushy Creek Regional Utility Authority
City of Cedar Park
City of Leander
Public Comment:
N/A
EXECUTED
DOCUMENT
FOLLOWS
INTERLOCAL AGREEMENT REGARDING
REGIONAL WATER PROJECT
ADMINISTRATIVE SERVICES
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
THIS INTERLOCAL AGREEMENT REGARDING REGIONAL WATER
AJECT AD INI TRATIVE SERVICES (the "Agreement") is entered into on this the
dayof
, 2010 by and between the BRUSHY CREEK REGIONAL
UTILITY AUTHORITY, a Texas local government corporation, whose offices are located at
221 East Main Street, Round Rock, Texas 78664-5299 ("BCRUA"), and the CITY OF ROUND
ROCK, TEXAS, a Texas home -rule city, whose offices are located at 221 East Main Street,
Round Rock, Texas 78664-5299 ("Round Rock"). In this Agreement, BCRUA and Round Rock
are sometimes individually referred to as a "Party". and collectively referred to as the "Parties."
RECITALS
WHEREAS, BCRUA will need the services of skilled and experienced professional
consultants and administrative support staff to perform certain necessary administrative services
on behalf of the Regional Water Project; and
WHEREAS, the purpose of this Agreement is to set forth the terms and conditions under
which BCRUA will contract with Round Rock for provision of such personnel; and
WHEREAS, BCRUA and Round Rock wish to document their agreement concerning
the requirements and respective obligations of the Parties:
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
promises and agreements of the Parties contained in this Agreement, the Parties agree as follows:
I.
DEFINITIONS
When used in this Agreement, capitalized terms not otherwise defined shall have the
meanings set forth below:
1.01 "Agreement" means this "Interlocal Agreement Regarding Regional Water Project
Administrative Services."
1.02 "BCRUA" means the Brushy Creek Regional Utility Authority.
1.03 "BCRUA System Project" means the collection of projects making up the current
undertaking, to be on-going simultaneously in various stages and at various construction sites
until approximately 2012.
00184650/jkg
0140.4634
I49 - -i Ot
1.04 "Cost Allocation Percentages" mean the percentage of costs to be paid to BCRUA by
BCRUA's member cities for the services of certain personnel, such percentages being delineated
on the Master Contract, Exhibit D entitled "BCRUA Project Capacity and Cost Allocation,
Updated July 23, 2008."
1.05 "Effective Date" means the last date of execution of this Agreement by the Parties,
provided that both Parties must execute this Agreement for it to be effective.
1.06 "Master Contract" means the Master Contract for the Financing, Construction and
Operation of the BCRUA Regional Water Treatment and Distribution Project, dated September
2, 2008, and its attached exhibits, such Master Contract made by and between BCRUA, the City
of Cedar Park, the City of Leander, and the City of Round Rock, Texas.
1.07 "Party" or "Parties" means the City of Round Rock and/or BCRUA, as applicable.
1.08 "Regional Water Project" means the regional water supply system which is intended to
provide an additional 105.8 million gallons per day of potable water supply to meet future water
demands of BCRUA member cities, based on projected population growth, as more fully
delineated in the Preliminary Engineering Report (the "PER").
1.09 "Support Costs and Administrative Costs" means all costs and expenses to be paid by
BCRUA to Round Rock for the services of administrative and support personnel.
1.10 "Round Rock" means the City of Round Rock, Texas.
II.
GENERAL MANAGER
2.01 Provision of Administrative and Support Personnel; Required Services
(A) Round Rock agrees to provide to BCRUA two (2) of Round Rock's employees
and one (1) of Round Rock's legal consultants, mutually acceptable to the Parties, to serve as
administrative and support personnel.
(B) Such personnel designated to deliver administrative and support assistance will
provide certain services to BCRUA in that capacity, such services being further delineated in
Exhibit "A" attached hereto and incorporated herein by reference for all purposes.
2.02 Access to Work Product
BCRUA and/or any of BCRUA's member cities shall be entitled to copies of any work
product produced by the referenced personnel in connection with their services. The entity
requesting a copy of such information shall pay all reasonable costs incurred in preparing and
furnishing the copies.
2
III.
PAYMENT FOR ADMINISTRATIVE SERVICES
3.01 All costs for administrative and support services shall be paid by BCRUA to Round
Rock from funds appropriated in a budget approved by the cities, as amended, in accordance
with this Article. BCRUA shall seek reimbursement from its member cities in accordance with
the budget and Exhibit D of the Master Contract, which exhibit is entitled `BCRUA Project
Capacity and Cost Allocation, Updated July 23, 2008."
3.02 Round Rock shall administer the compensation and other benefits paid to the referenced
personnel, who shall be treated as employees and/or professional consultants of Round Rock.
Each calendar quarter, Round Rock shall submit an invoice to BCRUA indicating the
compensation, benefits, and all other associated costs paid by Round Rock to or on behalf of the
referenced personnel. Following receipt of invoice, BCRUA shall forward its payment to Round
Rock within thirty (30) business days of such receipt of invoice.
IV.
GENERAL PROVISIONS
4.01 Authority. This Agreement is made in part under the authority conferred in Chapter 791,
Texas Government Code and Section 402.001, Texas Local Government Code.
4.02 Severability. The provisions of this Agreement are severable and, if any provision of this
Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the
remainder of this Agreement will not be affected and this Agreement will be construed as if the
invalid portion had never been contained herein.
4.03 Payments from Current Revenues. Any payments required to be made by a Party under
this Agreement will be paid from current revenues or other funds lawfully available to the Party
for such purpose.
4.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the
purposes and intent of this Agreement.
4.05 Entire Agreement. Except as otherwise expressly provided herein, this Agreement
contains the entire agreement of the Parties regarding payment by the BCRUA to Round Rock
for services of the referenced personnel, and supersedes all prior or contemporaneous
understandings or representations, whether oral or written, regarding the subject matter. The
Parties confirm that further agreements regarding the BCRUA System Project are contemplated
and will not be affected or limited by this Agreement.
4.06 Amendments. Any amendment of this Agreement must be in writing and will be
effective if signed by the authorized representatives of the Parties.
4.07 Applicable Law; Venue. This Agreement will be construed in accordance with Texas
law. Venue for any action arising hereunder will be in Williamson County, Texas.
3
4.08 Notices. Any notices given under this Agreement will be effective if (i) forwarded to the
other Party by hand -delivery; (ii) transmitted to the other Party by confirmed telecopy; or (iii)
deposited with the U.S. Postal Service, postage prepaid, certified, to the address of the Party
indicated below:
ROUND ROCK:
with a copy to:
221 East Main Street
Round Rock, Texas 78664
Attn: James R. Nuse, P.E.
Telephone: (512) 218-5410
Facsimile:(512) 218-7097
Email: jnuse@round-rock.tx.us
Stephan L. Sheets
309 East Main Street
Round Rock, Texas 78664-5264
Telephone: (512) 255-8877
Facsimile: (512) 255-8986
Email: slsheets@sheets-crossfield.com
BCRUA: 221 East Main Street
Round Rock, Texas 78664
Attn: Chris Lippe
Telephone: (512) 218-6617
Facsimile: (512) 218-3242
Email: clippe@bcrua.org
4.09 Force Majeure. Parties shall not be deemed in violation of this Agreement if prevented
from performing any of their obligations hereunder by reasons for which they are not responsible
or due to circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
4.10 Counterparts. This Agreement may be executed simultaneously in multiple
counterparts, each of which will be deemed an original, but all of which will constitute the same
instrument.
4.11 Authority. Each Party represents and warrants that it has the full right, power and
authority to execute this Agreement.
[Signatures appear on the following page]
4
CITY OF ROUND ROCK, TEXAS
By:
Ykl
Printed Name: Nash hAS6friAVNI
Title: M CY the -
Date Signed: �.2�"' . t 0
FOR CITY, ATTEST:
By:
Sara L. White, City Secretary
FOR CITY; • PPROVE
By:
AS TO FORM:
Steph.\ L. Sheets, City Attorney
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:
Printed Name:
Title:
Date Signed:
FOR B U • , ATTEST:
By:
hn Cowman, ecretary
EXHIBIT "A"
SERVICES TO BE PROVIDED AND PERFORMED
BY ADMINISTRATIVE AND SUPPORT PERSONNEL
By Monique Adams, or successor to the same position:
1. Act as Administrator for the BCRUA SharePoint site.
2. Manage administrative documents on the SharePoint site.
3. Prepare BCRUA agendas and Board member packets.
4. Coordinate Board meetings.
5. Attend Board meetings, and take official minutes.
6. Maintain proper records of official actions of the Board.
7. Schedule BCRUA-related meetings.
8. Attend Operations Committee meetings.
9. Assist the General Manager and the Program Manager with administrative duties.
10. Coordinate with City Manager(s) and Board representatives on BCRUA-related topics.
By Saridon Chambless, or successor to the same position:
1. Act as travel coordinator for the General Manager and the Program Manager.
2. Handle all timesheet duties for the General Manager and the Program Manager.
By Stephan L. Sheets, Attorney at Law, or successor legal consultant:
1. Review and revise agendas for Board meetings.
2. Review individual submitted agenda items, and draft resolutions where appropriate.
3. Review open records requests.
4. Draft and review BCRUA contracts with third parties.
5. Review minutes drafts, in association with Monique Adams.
6