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R-2023-219 - 7/27/2023RESOLUTION NO. R-2023-219 WHEREAS, on the 16`h day of April, 2023, the Brushy Creek Regional Utility Authority, Inc. (`BCRUA") and the City of Round Rock ("City") entered into that one certain Interlocal Agreement regarding water treatment superintendent and operator services ("ILA"); and WHEREAS, the City and the BCRUA now desire to amend the ILA, 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 a First Amendment to the Interlocal A,g;reement -Regarding Water Treatment Plant Superintendent and Operator Services with the BCRUA, a .,opy o` 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 27th day of July, 2023. CRAI%,MORGA/, Mayor City of Round F44k, Texas ATTEST: MEAGAN TKS,1City Clerk 0112.20232.4895-0940-1712 EXHIBIT 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 , 2023 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. 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. III. 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. First Amendment; draft 06.13.23 4886-9553-4186 v.l 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 Craig Morgan, Mayor Date: BRUSHY CREEK REGIONAL UTILITY AUTHORITY Date: 2 Anne Duffy, President