Loading...
BCRUA_R-11-04-20-7B RESOLUTION NO. R-11-04-20-711 WHEREAS, the Brushy Creek Regional Utility Authority ("BCRUA") desires to enter into an Interlocal Agreement with the City of Leander to set forth the terms and conditions under which BCRUA and Leander will contract for Leander to employ and provide a Plant Superintendent and the Plant Operators that will be recruited, selected, managed and supervised by the BCRUA,Now Therefore BE IT RESOLVED BY THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY, That the Board President is hereby authorized and directed to execute on behalf of the BCRUA an Interlocal Agreement Regarding Water Treatment Plant Superintendent and Operator Services with the City of Leander, 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 20th day of April, 2011. MITCH F LLLeglR, Pre 'dent Brushy C ek ' a Utility Authority A7 J Cowman, Secretary Z:\BCRUA\Bowd PacketsWacket Documents\042011\Res.BCRUA-ILA w-City of Leander(00219844).DOC/rmc INTERLOCAL AGREEMENT REGARDING WATER TREATMENT PLANT SUPERINTENDENT AND OPERATOR SERVICES THE STATE OF TEXAS ' KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON ' THIS INTERLOCAL AGREEMENT REGARDING WATER TREATMENT PLANT SUPERINTENDENT AND OPERATOR SERVICES (the "Agreement") is entered into and effective as of the day of , 2011 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 LEANDER, TEXAS, a Texas home-rule city, whose offices are located at 200 W. Willis Street, Leander,Texas 78641 ("Leander"). In this Agreement,BCRUA and Leander are sometimes individually referred to as a "Party" and collectively referred to as the"Parties." RECITALS WHEREAS, BCRUA requires the services of a skilled and experienced individual to act as the Treatment Plant Superintendent ("Plant Superintendent") and one or more skilled professionals to act as the Treatment Plant Operators("Plant Operators"); WHEREAS,the purpose of this Agreement is to set forth the terms and conditions under which BCRUA and Leander will contract for Leander to employ and provide a Plant Superintendent and the Plant Operators that will be recruited, selected, managed and supervised by the BCRUA; WHEREAS, the Plant Superintendent and Plant Operators will dedicate all of their work time and duties to the BCRUA, and the employment obligations established pursuant to this Agreement; WHEREAS, the Plant Superintendent and Plant Operators will be at-will employees under the direct supervision and control of the General Manager, subject only to the responsibility of the Operations Committee of the BCRUA to consult with and advise the Board of Directors and the General Manager; WHEREAS, as between Leander and the BCRUA only, the BCRUA will be solely responsible for the actions of, and any liability arising from the employment of, the Plant Superintendent and the Plant Operators, and provide liability insurance or equivalent risk pool coverage therefore; and WHEREAS, BCRUA and Leander 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: EXHIBIT 1. DEFINITIONS 1.01. When used in this Agreement, capitalized terms not otherwise defined shall have the meanings set forth below: 1.02. "Agreement" means this "Interlocal Agreement Regarding Regional Water Treatment Superintendent and Operator Services." 1.03. "BCRUA" means the Brushy Creek Regional Utility Authority. 1.04. `BCRUA 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 the Member Cities, based on projected population growth, as more fully delineated in the Preliminary Engineering Report(the"PER"). 1.05. `BCRUA Water Treatment Plant" means the water treatment plant component of the BCRUA Water Project currently under construction in Cedar Park and scheduled for completion on April 1, 2012. 1.06. "Invoice" means the quarterly bill Leander will submit to the BCRUA pursuant to Section 4.04. 1.07. "Leander" means the City of Leander, Texas. 1.08. "Cost Allocation Percentages" mean the percentage of costs to be paid to BCRUA by the Member Cities for the Plant Superintendent Costs and the Plant Operators Cost, such percentages being delineated on the Master Contract, Exhibit D entitled `BCRUA Project Capacity and Cost Allocation, Updated July 23, 2008" and System Operating Agreement (BCRUA Project, First Phase) dated May 14, 2009; provided the Cost Allocation Percentages shall never be less than the actual respective percentage of the ownership and participation of Leander, the City of Round Rock and the City of Cedar Park in the BCRUA. 1.09. "Effective Date"means the date set forth in the first paragraph of this Agreement. 1.10. "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, as amended from time to time, such Master Contract made by and among the BCRUA, the City of Leander,the City of Leander, and the City of Round Rock. 1.11. "Member Cities" means the cities of Leander, Cedar Park, and Round Rock. 1.12. "Operations Committee" shall have the meaning provided in the Master Contract. 1.13. "Party"or"Parties"means the City of Leander and/or BCRUA,as applicable. 2 1.14. "Plant Operators" means the person(s) responsible for the day-to-day operation of the BCRUA Water Treatment Plant and other components of the BCRUA Water Project.. 1.15. "Plant Operators Costs" means all costs and expenses to be paid by BCRUA to Leander for Plant Operators Services. 1.16. "Plant Operators Services" means the general operation services performed and to be performed by the Plant Operators for the BCRUA Water Treatment Plant, as described in Exhibit C. 1.17. "Plant Superintendent" means the Plant Superintendent, being that person responsible for provision of supervision and oversight for the BCRUA Water Treatment Plant and other components of the BCRUA Water Project. 1.18. "Plant Superintendent Costs" means all costs and expenses to be paid by BCRUA to Leander for Plant Superintendent Services. 1.19. "Plant Superintendent Services" means the general supervision and oversight support services performed and to be performed by the Plant Superintendent for the BCRUA Water Treatment Plant, as described in Exhibit A. 2. PLANT SUPERINTENDENT 2.01. Provision of Plant Superintendent; Required Services (a) Leander will employ for the BCRUA a qualified person that is recruited, selected and designated by the BCRUA for employment as the Plant Superintendent. Pursuant to this Agreement, the Plant Superintendent shall be placed on the Leander employment rolls and assigned full-time to the BCRUA and shall work with, report to and be supervised by the BCRUA General Manager. (b) The Plant Superintendent will perform and provide such employment duties and services as are assigned from time to time by the BCRUA, including, but not limited to, those delineated in Exhibits "A" and `B" attached hereto and incorporated herein by reference for all purposes. 2.02. Access to Work Product. All work product produced by the Plant Superintendent shall be the property of the BCRUA, and the BCRUA and all or any of the BCRUA's Member Cities shall be entitled to copies of any such work product produced by the Plant Superintendent in connection with the Plant Superintendent Services. The entity requesting a copy of such information shall pay all reasonable costs incurred in preparing and furnishing the copies. 3 III. PLANT OPERATORS 3.01. Provision of Plant Operators; Required Services (a) Leander will employ for the BCRUA one or more qualified persons that are recruited, selected and designated by the BCRUA for employment as Plant Operators. Pursuant to this Agreement, the Plant Operators shall be assigned full-time to the BCRUA, and shall work with, report to and be supervised by the Plant Superintendent and the BCRUA General Manager. (b) The Plant Operators will perform and provide such employment duties and services as are assigned from time to time by the BCRUA, including, but not limited to, those delineated in Exhibit"C"attached hereto and incorporated herein by reference for all purposes. 3.02. Access to Work Product. All work product produced by the Plant Operators shall be the property of the BCRUA, and the BCRUA and all or any of the BCRUA's Member Cities shall be entitled to copies of any such work product produced by the Plant Operators in connection with the Plant Operators Services. The entity requesting a copy of such information shall pay all reasonable costs incurred in preparing and furnishing the copies. IV. SALARIES,BENEFITS AND POLICIES 4.01. Salary and Benefits. Leander shall fund and pay the salary and benefits of the Plant Superintendent and the Plant Operators, subject to the required reimbursements by the BCRUA. Leander will provide the Plant Superintendent and Plant Operators with benefits, including, but not limited to, health insurance, workers compensation coverage, and TMRS participation, and pay the costs and expenses thereof, on the same terms and conditions as for its regular, full-time employees. The BCRUA may further fund and pay additional employment benefits, e.g. travel training and memberships. 4.02. Personnel Policies. The Plant Superintendent and Plant Operators shall be subject to and covered by the same personnel policies and related personnel rules and regulations of Leander as are applicable to the regular full-time employees of Leander, as modified and amended from time to time, provided that: (a) the employment, supervision, training, discipline, suspension and termination of the Plant Superintendent and the Plant Operators shall be the responsibility and duty of the General Manager subject only to consultation with and recommendation from the Operations Committee;and(b)the BCRUA may adopt and require the Plant Superintendent and Plant Operators to comply with such other and additional rules and procedures as it determines necessary. 4.03. Services and Authority. Leander will provide the employment accounting and payroll services necessary to accomplish the purposes of this Agreement. The Plant Superintendent and Plant Operators will participate in the same employee benefit programs, e.g. health insurance and TMRS, and on the same terms and conditions, as all regular full-time employees of Leander. The Plant Superintendent and the Plant Operators will be provided pursuant to the authority of City Council of Leander to enter into and participate in interlocal 4 agreements, and to structure, organize and provide for city services to accomplish its public purposes. Further, to the extent, if any, necessary to effect the purposes of this Agreement, the City Manager of Leander hereby designates the General Manager of the BCRUA as the City Manager's designee authorized to recruit, select, employ, manage, supervise, discipline and terminate the Plant Superintendent and the Plant Operators. 4.04. Administration and Invoicing. Leander shall administer the compensation and benefits paid to the Plant Superintendent and the Plant Operators. Each calendar quarter, Leander shall submit an Invoice to the BCRUA for the costs and expenses paid or incurred by Leander 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 Leander, 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 pay rate times a 1.5 multiplier, which is intended to account for benefits and overhead. V. BCRUA PAYMENTS AND OBLIGATIONS 5.01. Payment of Invoice. BCRUA will pay the amount of the Invoice to Leander within thirty (30) calendar days after receipt by the BCRUA. 5.02. Sources for Payment. All costs and expenses for the Plant Superintendent and the Plant Operators shall be paid by BCRUA from funds appropriated in a budget approved by the Member Cities, as amended, in accordance with this Article. BCRUA shall obtain reimbursement from the Member Cities in accordance with the budget, the Master Contract and the Operating Agreement, as amended or supplemented from time to time thereafter by agreements approved by the Board and all of the Member Cities.. The Invoice shall be paid from those funds. 5.03. Responsibility for Performance. As between the BCRUA and Leander, the BCRUA shall be responsible for the performance, actions and inactions by the Plant Superintendent and the Plant Operators. Excluding only claim amounts covered by workers compensation insurance provided by Leander, BCRUA shall be responsible for any and all claims and causes of action arising from the employment of the Plant Superintendent and/or the Plant Operators, including, but not limited to, any and all claims or causes of action made by the Plant Superintendent or a Plant Operator rising out of or from their employment, services, or supervision. 5.04. Insurance. BCRUA shall obtain, keep and maintain a policy or policies of liability insurance, or risk pool coverage, sufficient to insure the BCRUA, Leander and the Member Cities from any and all claims or causes of action arising from, or out of, the employment, supervision, management and actions of the Plant Superintendent and Plant Operators. 5 VI. GENERAL PROVISIONS 6.01 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. 6.02 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. 6.03 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. 6.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. 6.05 Entire Agreement. Except as otherwise expressly provided herein, this Agreement contains the entire agreement of the Parties regarding payment by the BCRUA to Leander for Plant Superintendent Services and Plant Operators Services, 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 Water Project are contemplated and will not be affected or limited by this Agreement. 6.06 Amendments. Any amendment of this Agreement must be in writing and will be effective if signed by the authorized representatives of the Parties. 6.07 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. 6.08 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: Leander: 200 W. Willis Street P. O. Box 319 Leander, Texas 78641-1781 Attn: City Manager Telephone: (512) 528-2700 Facsimile: (512) 528-2831 Email: rpowers@leandertx.gov 6 with copy to: Knight& Partners 223 W. Anderson Lane, #A 105 Austin,Texas 78752 Attn: City Attorney Telephone: (512) 323-5778 Facsimile: (512) 323-5773 Email: attorneys@cityattorneytexas.com BCRUA: 221 East Main Street Round Rock,Texas 78664 Attn: Chris Lippe Telephone: (512) 218-6617 Facsimile: (512)218-3242 Email: clippegbcrua.org 6.09 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. 6.10 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. 6.11 Authority. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement. 6.12 Term. The initial term of this Agreement shall be from the Effective Date hereof until September 30, 2012. Thereafter, this Agreement shall automatically renew for successive one year periods beginning on October 1, 2012 and on each October 1 thereafter. Provided however, either Party hereto shall have the option of terminating this Agreement upon 180 days written notice to the other Party. CITY OF LEANDER,TEXAS Attest: By: Name: John D. Cowman Debbie Haile,City Secretary Title: Mayor Date Signed: Approved as to form: Barney Knight, City Attorney 7 BRUSHY CREEK REGIONAL UTILITY AUTHORITY By: Name: Mitch Fuller Title: President Date Signed: FOR BCRUA,ATTEST: By: John D. Cowman, Secretary 8 EXHIBIT"A" SERVICES TO BE PROVIDED AND PERFORMED BY THE PLANT SUPERINTENDENT The Services to be provided are as set forth in the System Operating Agreement,Exhibit A,dated May 14,2009, and such other services not inconsistent therewith as established by Leander and the BCRUA 9 EXHIBIT "B" JOB DESCRIPTION OF THE THE PLANT SUPERINTENDENT 10 EXHIBIT"C" JOB DESCRIPTION OF THE THE PLANT OPERATORS (to be prepared by General Manager and Plant Superintendent) 11 EXECUTED DOCUMENTS FOLLOW INTERLOCAL AGREEMENT REGARDING WATER TREATMENT PLANT SUPERINTENDENT AND OPERATOR SERVICES THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON THIS INTERLOCAL AGREEMENT REGARDING WATER TREATMENT PLANT SUPERINTENDENT AND OPERATOR SERVICES (the "Agreement") is entered into and effective as of the day of , 2011 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 LEANDER, TEXAS, a Texas home-rule city, whose offices are located at 200 W. Willis Street, Leander, Texas 78641 ("Leander"). In this Agreement, BCRUA and Leander are sometimes individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS WHEREAS, BCRUA requires the services of a skilled and experienced individual to act as the Treatment Plant Superintendent ("Plant Superintendent") and one or more skilled professionals to act as the Treatment Plant Operators ("Plant Operators"); WHEREAS,the purpose of this Agreement is to set forth the terms and conditions under which BCRUA and Leander will contract for Leander to employ and provide a Plant Superintendent and the Plant Operators that will be recruited, selected, managed and supervised by the BCRUA; WHEREAS, the Plant Superintendent and Plant Operators will dedicate all of their work time and duties to the BCRUA, and the employment obligations established pursuant to this Agreement; WHEREAS, the Plant Superintendent and Plant Operators will be at-will employees under the direct supervision and control of the General Manager, subject only to the responsibility of the Operations Committee of the BCRUA to consult with and advise the Board of Directors and the General Manager; WHEREAS, as between Leander and the BCRUA only, the BCRUA will be solely responsible for the actions of, and any liability arising from the employment of, the Plant Superintendent and the Plant Operators, and provide liability insurance or equivalent risk pool coverage therefore; and WHEREAS, BCRUA and Leander 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: 130.uorj2 1. DEFINITIONS 1.01. When used in this Agreement, capitalized terms not otherwise defined shall have the meanings set forth below: 1.02. "Agreement" means this "Interlocal Agreement Regarding Regional Water Treatment Superintendent and Operator Services." 1.03. "BCRUA"means the Brushy Creek Regional Utility Authority. 1.04. "BCRUA 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 the Member Cities, based on projected population growth, as more fully delineated in the Preliminary Engineering Report(the"PER"). 1.05. "BCRUA Water Treatment Plant" means the water treatment plant component of the BCRUA Water Project currently under construction in Cedar Park and scheduled for completion on April 1, 2012. 1.06. "Invoice" means the quarterly bill Leander will submit to the BCRUA pursuant to Section 4.04. 1.07. "Leander" means the City of Leander, Texas. 1.08. "Cost Allocation Percentages" mean the percentage of costs to be paid to BCRUA by the Member Cities for the Plant Superintendent Costs and the Plant Operators Cost, such percentages being delineated on the Master Contract, Exhibit D entitled "BCRUA Project Capacity and Cost Allocation, Updated July 23, 2008" and System Operating Agreement (BCRUA Project, First Phase) dated May 14, 2009; provided the Cost Allocation Percentages shall never be less than the actual respective percentage of the ownership and participation of Leander,the City of Round Rock and the City of Cedar Park in the BCRUA. 1.09. "Effective Date" means the date set forth in the first paragraph of this Agreement. 1.10. "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, as amended from time to time, such Master Contract made by and among the BCRUA, the City of Leander, the City of Leander, and the City of Round Rock. 1.11. "Member Cities"means the cities of Leander, Cedar Park, and Round Rock. 1.12. "Operations Committee" shall have the meaning provided in the Master Contract. 1.13. "Party" or"Parties" means the City of Leander and/or BCRUA, as applicable. 2 1.14. "Plant Operators" means the person(s) responsible for the day-to-day operation of the BCRUA Water Treatment Plant and other components of the BCRUA Water Project.. 1.15. "Plant Operators Costs" means all costs and expenses to be paid by BCRUA to Leander for Plant Operators Services. 1.16. "Plant Operators Services" means the general operation services performed and to be performed by the Plant Operators for the BCRUA Water Treatment Plant, as described in Exhibit C. 1.17. "Plant Superintendent" means the Plant Superintendent, being that person responsible for provision of supervision and oversight for the BCRUA Water Treatment Plant and other components of the BCRUA Water Project. 1.18. "Plant Superintendent Costs" means all costs and expenses to be paid by BCRUA to Leander for Plant Superintendent Services. 1.19. "Plant Superintendent Services" means the general supervision and oversight support services performed and to be performed by the Plant Superintendent for the BCRUA Water Treatment Plant, as described in Exhibit A. 2. PLANT SUPERINTENDENT 2.01. Provision of Plant Superintendent; Required Services (a) Leander will employ for the BCRUA a qualified person that is recruited, selected and designated by the BCRUA for employment as the Plant Superintendent. Pursuant to this Agreement, the Plant Superintendent shall be placed on the Leander employment rolls and assigned full-time to the BCRUA and shall work with, report to and be supervised by the BCRUA General Manager. (b) The Plant Superintendent will perform and provide such employment duties and services as are assigned from time to time by the BCRUA, including, but not limited to, those delineated in Exhibits "A" and "B" attached hereto and incorporated herein by reference for all purposes. 2.02. Access to Work Product. All work product produced by the Plant Superintendent shall be the property of the BCRUA, and the BCRUA and all or any of the BCRUA's Member Cities shall be entitled to copies of any such work product produced by the Plant Superintendent in connection with the Plant Superintendent Services. The entity requesting a copy of such information shall pay all reasonable costs incurred in preparing and furnishing the copies. 3 III. PLANT OPERATORS 3.01. Provision of Plant Operators; Required Services (a) Leander will employ for the BCRUA one or more qualified persons that are recruited, selected and designated by the BCRUA for employment as Plant Operators. Pursuant to this Agreement, the Plant Operators shall be assigned full-time to the BCRUA, and shall work with, report to and be supervised by the Plant Superintendent and the BCRUA General Manager. (b) The Plant Operators will perform and provide such employment duties and services as are assigned from time to time by the BCRUA, including, but not limited to, those delineated in Exhibit"C" attached hereto and incorporated herein by reference for all purposes. 3.02. Access to Work Product. All work product produced by the Plant Operators shall be the property of the BCRUA, and the BCRUA and all or any of the BCRUA's Member Cities shall be entitled to copies of any such work product produced by the Plant Operators in connection with the Plant Operators Services. The entity requesting a copy of such information shall pay all reasonable costs incurred in preparing and furnishing the copies. IV. SALARIES, BENEFITS AND POLICIES 4.01. Salary and Benefits. Leander shall fund and pay the salary and benefits of the Plant Superintendent and the Plant Operators, subject to the required reimbursements by the BCRUA. Leander will provide the Plant Superintendent and Plant Operators with benefits, including, but not limited to, health insurance, workers compensation coverage, and TMRS participation, and pay the costs and expenses thereof, on the same terms and conditions as for its regular, full-time employees. The BCRUA may further fund and pay additional employment benefits, e.g. travel training and memberships. 4.02. Personnel Policies. The Plant Superintendent and Plant Operators shall be subject to and covered by the same personnel policies and related personnel rules and regulations of Leander as are applicable to the regular full-time employees of Leander, as modified and amended from time to time, provided that: (a) the employment, supervision, training, discipline, suspension and termination of the Plant Superintendent and the Plant Operators shall be the responsibility and duty of the General Manager subject only to consultation with and recommendation from the Operations Committee; and(b)the BCRUA may adopt and require the Plant Superintendent and Plant Operators to comply with such other and additional rules and procedures as it determines necessary. 4.03. Services and Authority. Leander will provide the employment accounting and payroll services necessary to accomplish the purposes of this Agreement. The Plant Superintendent and Plant Operators will participate in the same employee benefit programs, e.g. health insurance and TMRS, and on the same terms and conditions, as all regular full-time employees of Leander. The Plant Superintendent and the Plant Operators will be provided pursuant to the authority of City Council of Leander to enter into and participate in interlocal 4 agreements, and to structure, organize and provide for city services to accomplish its public purposes. Further, to the extent, if any, necessary to effect the purposes of this Agreement, the City Manager of Leander hereby designates the General Manager of the BCRUA as the City Manager's designee authorized to recruit, select, employ, manage, supervise, discipline and terminate the Plant Superintendent and the Plant Operators. 4.04. Administration and Invoicing. Leander shall administer the compensation and benefits paid to the Plant Superintendent and the Plant Operators. Each calendar quarter, Leander shall submit an Invoice to the BCRUA for the costs and expenses paid or incurred by Leander 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 Leander, 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 pay rate times a 1.5 multiplier, which is intended to account for benefits and overhead. V. BCRUA PAYMENTS AND OBLIGATIONS 5.01. Payment of Invoice. BCRUA will pay the amount of the Invoice to Leander within thirty(30)calendar days after receipt by the BCRUA. 5.02. Sources for Payment. All costs and expenses for the Plant Superintendent and the Plant Operators shall be paid by BCRUA from funds appropriated in a budget approved by the Member Cities, as amended, in accordance with this Article. BCRUA shall obtain reimbursement from the Member Cities in accordance with the budget, the Master Contract and the Operating Agreement, as amended or supplemented from time to time thereafter by agreements approved by the Board and all of the Member Cities.. The Invoice shall be paid from those funds. 5.03. Responsibility for Performance. As between the BCRUA and Leander, the BCRUA shall be responsible for the performance, actions and inactions by the Plant Superintendent and the Plant Operators. Excluding only claim amounts covered by workers compensation insurance provided by Leander, BCRUA shall be responsible for any and all claims and causes of action arising from the employment of the Plant Superintendent and/or the Plant Operators, including, but not limited to, any and all claims or causes of action made by the Plant Superintendent or a Plant Operator rising out of or from their employment, services, or supervision. 5.04. Insurance. BCRUA shall obtain, keep and maintain a policy or policies of liability insurance, or risk pool coverage, sufficient to insure the BCRUA, Leander and the Member Cities from any and all claims or causes of action arising from, or out of, the employment, supervision, management and actions of the Plant Superintendent and Plant Operators. 5 VI. GENERAL PROVISIONS 6.01 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. 6.02 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. 6.03 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. 6.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. - 6.05 Entire Agreement. Except as otherwise expressly provided herein, this Agreement contains the entire agreement of the Parties regarding payment by the BCRUA to Leander for Plant Superintendent Services and Plant Operators Services, 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 Water Project are contemplated and will not be affected or limited by this Agreement. 6.06 Amendments. Any amendment of this Agreement must be in writing and will be effective if signed by the authorized representatives of the Parties. 6.07 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. 6.08 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: Leander: 200 W. Willis Street P. O. Box 319 Leander, Texas 78641-1781 Attn: City Manager Telephone: (512) 528-2700 Facsimile: (512) 528-2831 Email: rrpowersgleandertx.gov 6 with copy to: Knight& Partners 223 W. Anderson Lane, #A105 Austin, Texas 78752 Attn: City Attorney Telephone: (512) 323-5778 Facsimile: (512) 323-5773 Email: attorneys@cityattorneytexas.com BCRUA: 221 East Main Street Round Rock, Texas 78664 Attn: Chris Lippe Telephone: (512) 218-6617 Facsimile: (512) 218-3242 Email: clippekbcrua.org 6.09 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. 6.10 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. 6.11 Authority. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement. 6.12 Term. The initial term of this Agreement shall be from the Effective Date hereof until September 30, 2012. Thereafter, this Agreement shall automatically renew for successive one year periods beginning on October 1, 2012 and on each October 1 thereafter. Provided however, either Party hereto shall have the option of terminating this Agreement upon 180 days written notice to the other Party. CIFName: ANDER, ERAS Attest: I ( I , By: bJ It 61 j fl /* . " K,/ k John D. Cowman Debbie Haile, City Secretary Titl Date Signed: Approved as to form: / Barney Knight, City Attorney 7 BRUSHY CREEK REGIONAL UTILITY AUTHORITY By. ----_ Name: Mitc Title: President Date Signed: FOR BCRUA, E T: By: - J D. Cowman, Secretary a 8 EXHIBIT "A" SERVICES TO BE PROVIDED AND PERFORMED BY THE PLANT SUPERINTENDENT The Services to be provided are as set forth in the System Operating Agreement,Exhibit A, dated May 14,2009, and such other services not inconsistent therewith as established by Leander and the BCRUA 9 EXHIBIT "B" JOB DESCRIPTION OF THE THE PLANT SUPERINTENDENT 10 SyA OF Job Title: BCRUA Water Plant Superintendent EEOC Category: FLSA Category: Exempt Grade: 12 Date: 03-11-2011 Brief Description of the Job: Directs, manages, evaluates and coordinates all aspects associated with operating and maintaining the BCRUA Water Treatment Plant (WTP), Raw Water Delivery System (RWDS) and the BCRUA's water distribution system to ensure effective and efficient operation consistent with BCRUA goals and objectives and long-term asset management. Organizational Relationships: Reports to: BCRUA General Manager Directs: BCRUA Water Plant Operator(s) Other: Has contact with other BCRUA Member Cities' employees, contractors, vendors, federal, state and local regulatory agencies, and the general public. ESSENTIAL DUTIES: Examples of Work.- Directs, ork:Directs, manages, coordinates and evaluates the work of water treatment plant operators and all other functions involved in water treatment, including, but not limited to supervisory control and data acquisition. Recommends the appointment of water plant personnel to the General Manager. Establishes and monitors employee performance objectives; schedules, prepares and presents employee performance reviews; works with employees to correct deficiencies, implements disciplinary procedures; and, if necessary, recommends employee termination to the General Manager. Designs, develops, oversees, and/or coordinates employee training. Assists the General Manager in developing short and long-range goals, objectives and management plans with specific strategies that address BCRUA priorities; resolves problems that impact program goals and objectives; and implements management principles and policies that support BCRUA program objectives. Responsible for emergency planning and response. Maintains an open and productive communication style with the General Manager. Keeps the General Manager timely informed on all important matters affecting BCRUA operations. Demonstrates continuous initiative to improve operations, decrease turnaround times, and streamline work processes. Works cooperatively with co-workers, BCRUA Member Cities' employees, contractors, vendors, federal, state and local regulatory agencies. Assists the General Manager with the proper fiscal management of the WTP and RWDS, including accounting and funds management, budget development, monitoring and expenditure projections. Participates in planning the design, construction, operation, and maintenance of new facilities. Enforces regulations and practices designed to maintain the purity of the water supply. Develop and supervise experiments designed to analyze water quality problems. Prepares, develops and evaluates highly technical studies, reports and analyses related to environmental issues including water quality and solid waste; develops and implements technical models and systems; analyzes and evaluates study results. Manages a variety of records and prepares reports related to assigned areas of responsibility. Knowledge, Skills, and Abilities: Knowledge of: methods, practices, and equipment used in water treatment facilities; Texas Commission on Environmental Quality (TCEQ) rules and regulations pertaining to water treatment; plumbing; welding; minor electrical repair; basic chemistry; hazardous materials (HazMat), pumps and motors; water chemical analyzing equipment; city, state, and federal water treatment specifications and regulations; departmental policies and procedures; laboratory testing procedures; and budget preparation practices and procedures. Skill/Ability to: supervise and motivate employees; prepare concise and accurate reports; perform simple mathematical calculations; establish and maintain effective working relationships with co-workers; demonstrate proficiency in both oral and written communication; tolerate outside working conditions, including exposure to adverse weather conditions; and maintain appropriate necessary certifications, including a Texas Drivers License applicable to job responsibilities and acceptable driving record. ACCEPTABLE EDUCATION, EXPERIENCE AND TRAINING Bachelor's Degree with significant coursework in Sciences and/or Engineering; ten (10) years progressively responsible experience in surface water treatment with at least three (3) years of supervisory experience. or an equivalent combination of education, experience and training which provides the required knowledge, skills, and abilities. CERTIFICATES AND LICENSES REQUIRED Valid Texas Drivers license and driving record which meets City of Leander insurance liability requirements. Class B Surface Water License issued by the State of Texas. EXHIBIT "C" JOB DESCRIPTION OF THE THE PLANT OPERATORS (to be prepared by General Manager and Plant Superintendent) 11 DATE: April 15, 2011 SUBJECT: BCRUA Board Meeting—April 20, 2011 ITEM: 7B. Consider a resolution authorizing the President to execute an Interlocal Agreement Regarding Water Treatment Plant Superintendent and Operator Services with the City of Leander. Presenter: Robert Powers, City of Leander Interim City Manager/ Finance Director Justification: The Brushy Creek Regional Utility Authority (BCRUA) needs the services of skilled and experienced water plant superintendent to perform the necessary technical task on behalf of the Regional Water Project. This agreement sets forth the terms and conditions under which the BCRUA will contract with Leander to provide such personnel. Leander agrees to employ the Plant Superintendent and the Plant Operators. However, it is expressly understood that these positions will be recruited, selected, managed and supervised by the BCRUA General Manager. The Plant Superintendent and Plant Operators will dedicate all of their work time and duties to the BCRUA and will be at-will employees under the direct supervision and control of the General Manager, subject only to the responsibility of the Operations Committee of the BCRUA to consult with and advise the Board of Directors and the General Manager. Funding: All costs for this service shall be paid pursuant to the existing System Operating Agreement adopted by the Board and member Cities in May 2009.