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BCRUA_R-23-06-28-6B - 6/28/2023RESOLUTION NO. R-23-06-28-6B WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") has previously entered into an Interlocal Agreement ("Agreement") with the City of Round Rock ("City") regarding water treatment superintendent and operator services, and WHEREAS, the BCRUA and the City now desire to enter into a First Amendment to the Agreement, Now Therefore BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY: That the Board President is hereby authorized and directed to execute on behalf of the BCRUA a First Amendment to the Interlocal Agreement Regarding Water Treatment Plant Superintendent and Operator Services, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The Board 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 28th day of June, 2023. lity Authority ATTEST: NA'COLE OMPSO, Secretary 0130 4634-A, 4900- 015-230 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT REGARDING WATER TREATMENT PLANT SUPERINTENDENT AND OPERATOR SERVICES THIS FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT REGARDING WATER TREATMENT PLANT SUPERINTENDENT AND OPERATOR SERVICES (the "First Amendment") is dated and entered into as of the day of 52023 by and between the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") and the City of Round Rock, Texas ("City"). The BCRUA and the City are referred to herein as the "Parties." RECITALS WHEREAS, on the 16th day of April, 2023, the BCRUA and the City entered into that one certain Interlocal Agreement Regarding Water Treatment Superintendent and Operator Services (the "ILA"); and WHEREAS, the Parties now wish to amend the ILA; NOW THEREFORE, the Parties wish to amend the ILA as stated herein, and the parties agree as follows: I. DEFINITIONS 1.01. All terms used herein shall have the meanings assigned to them in the ILA unless the context clearly requires otherwise. II. AMENDMENTS 2.01. Sec. 404. Administration and Invoicing is hereby amended to read as follows: 4.04. Administration and Invoicing. Round Rock shall administer the compensation and benefits paid to the Plant Superintendent and the Plant Operators. Each calendar quarter, Round Rock shall submit an Invoice to the BCRUA for the costs and expenses paid or incurred by Round Rock during the prior calendar quarter or part thereof. The Invoice shall include the costs and expenses for the compensation and benefits, and all other associated costs, incurred by Round Rock, for or with respect to the Plant Superintendent and the Plant Operators. en amou -eq e e ewes paid by Route Reel: Charges for such service will be calculated for each employee using the employee's hourly rate times a 1.5 multiplier, which is intended to account for benefits and overhead. 6B First Amendment; draft 06.13.23 4886-9553-4186 v.I Exhibit "A" MISCELLANEOUS 3.01 To the extent necessary to affect the terms and provisions of this First Amendment, the ILA is hereby amended and modified. In all other respects, the aforesaid ILA is hereby ratified and confirmed. 3.02 This First Amendment may be executed in counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. IN WHTNESS WHEREOF, the Parties hereto acting under authority of their respective governing bodies have caused this First Amendment to be duly executed as of the day and year first above written. Executed to be effective the day of , 2023. CITY OF ROUND ROCK, TEXAS By: Craig Morgan, Mayor Date: BRUSHY CREEK REGIONAL UTILITY AUTHORITY Anne Duffy, President Date: