Contract - Williamson County Interlocal Agreement - 3/12/2026 INTERLOCAL AGREEMENT
REGARDING THE PARTICIPATION OF THE CITY OF ROUND ROCK,TEXAS,
AND WILLIAMSON COUNTY,TEXAS,IN THE UPDATING OF ATLAS 14 MODELS
WITH LIDAR SURVEY DATA
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into between the City
of Round Rock,Texas("City or Round Rock"),a Texas home-rule municipality,and Williamson
County, Texas, a political subdivision of the State of Texas ("County"). In this Agreement, the
City and the County are sometimes individually referred to as a"Party"and collectively referred
to as the"Parties."
WHEREAS,V.T.C.A.,Government Code,Chapter 791,the Texas Interlocal Cooperation
Act, provides that any one or more public agencies may contract with each other for the
performance of governmental functions or services for the promotion and protection of the health
and welfare of the inhabitants of this State and the mutual benefit of the parties;
WHEREAS, the County is and has been in the process of obtaining 2024 LiDAR
topographic data to complete updates to the County's Atlas 14 Hydrologic and Hydraulic
Modeling and Mapping Study("County Project")to incorporate 2024 LiDAR topography and land
use data within city limits.
WHEREAS, the City desires to cooperate with the County to facilitate the development
of the County Project; and
NOW,THEREFORE, in consideration of the foregoing premises,and for other good and
valuable consideration, the receipt and sufficiency of which is acknowledged,the County and the
City agree as follows:
I.
PURPOSE
1.01 General. The purpose of this Agreement is to provide for the City's participation
in the completion of the County Project.
Atlas 14 Lidar ILA Wilco&City of Round Rock,Texas
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II.
COMPLETION OF COUNTY PROJECT
2.01 Completion of County Project. The County shall be responsible for contracting
with a consulting firm ("Consultant") regarding the engineering and analysis for updates to the
County Project to incorporate 2024 LiDAR topography and land use data to hydrologic and
hydraulic models within city limits.The County Project will be considered complete when all final
deliverables are reviewed and accepted by the County, including updated hydrologic models,
hydraulic models, spatial data, mapping, relevant backup data, and reports.
2.02 Project Costs. The County shall be responsible for all costs associated with the
preliminary and final analysis, modeling, mapping, reporting, project management, and all other
costs related to the County Project("Project Cost").
2.03 Documentation.The County shall provide the City with hydraulic updates that will
consist of modeling and mapping refinements to impacted watersheds associated with the affected
jurisdiction, including the following:
Documentation (Stud AY rea):
(a) Prepare an existing condition addendum memorandum documenting the updated
existing condition study approach, data collection, hydrologic analysis, hydraulic analysis, and
modeling results.
(b) Prepare supporting digital information, including computation spreadsheets,
hydrologic models, hydraulic models, and supporting geospatial data. A digital copy of the
memorandum will also be provided.
Deliverables:
(c) Draft existing condition addendum memorandum submittal describing the
methods, assumptions, and results of the study area, including supporting information, models,
and GIS datasets.
(d) Final existing condition addendum memorandum with reconciled independent
QA/QC comments.
2.
III.
CITY OBLIGATIONS
3.01 City Payment.The City shall pay the County for the County Project in an amount
not to exceed TWO HUNDRED FIVE THOUSAND NINE HUNDRED EIGHTY EIGHT AND
NO/100 DOLLARS ($205,988.00) for the engineering and analysis for updates to the County
Project to incorporate 2024 LiDAR topography and land use data to hydrologic and hydraulic
models within city limits(together"City Participation Amount").Any change orders or additional
work requested by the City beyond that described herein as the County Project shall be provided
for by separate agreement.The County shall not be responsible for any additional analysis,design
costs, construction costs, delay costs,consequential damages, or any other costs. The County will
submit reimbursement requests up to the City Participation Amount using the following payment
schedule: 50% upon full execution of the Agreement between the City and the County, and 50%
upon completion of the County Project. The City shall pay the County's written reimbursement
request within sixty (60)days of receipt of the same.
3.02 Texas Prompt Payment Act Compliance. Payment for goods and services shall
be governed by Chapter 2251 of the Texas Government Code.An invoice shall be deemed overdue
on the 31 st day after the later of(1)the date Customer receives the goods under the contract; (2)
the date the performance of the service under the contract is completed; or (3) the date the City
Auditor receives an invoice for the goods or services. Interest charges for any overdue payments
shall be paid by City in accordance with Texas Government Code Section 2251.025. More
specifically,the rate of interest that shall accrue on a late payment is the rate in effect on September
1 of City fiscal year in which the payment becomes due. The said rate in effect on September 1
shall be equal to the sum of one percent(19/6); and(2)the prime rate published in the Wall Street
Journal on the first day of July of the preceding fiscal year that does not fall on a Saturday or
Sunday.
3.03 NO LIABILITY OR WARRANTY OF SERVICES. CITY AGREES AND
ACKNOWLEDGES THAT THE COUNTY DOES NOT ASSUME ANY LIABILITY FOR,
OR WARRANT,THE SERVICES THAT A THIRD PARTY PROVIDES PURSUANT TO
THIS AGREEMENT. CITY AGREES AND ACKNOWLEDGES THAT THE COUNTY
SHALL NOT BE LIABLE FOR ANY CLAIM OR CAUSE OF ACTION THAT CITY MAY
HAVE NOW OR IN THE FUTURE AGAINST AN ENGINEER OR THIRD PARTY FOR
ANY DAMAGES OF ANY NATURE WHATSOEVER ALLEGEDLY SUSTAINED BY
CITY, OR ANYONE HAVING A CLAIM BY,THROUGH OR UNDER CITY RELATED
IN ANY WAY, DIRECTLY OR INDIRECTLY, WITH THE SERVICES PROVIDED BY
A THIRD PARTY PURSUANT TO THIS AGREEMENT.
3.
IV.
DISPUTES
4.01 Material Breach; Notice and Opportunity to Cure.
(a) In the event that one Party believes that another Party has materially breached one
of the provisions of this Agreement, the non-defaulting Party will make written demand to cure
and give the defaulting Party up to 30 days to cure such material breach or, if the curative action
cannot reasonably be completed within 30 days,the defaulting Party will commence the curative
action within 30 days and thereafter diligently pursue the curative action to completion.
Notwithstanding the foregoing, any matters specified in the default notice which may be cured
solely by the payment of money must be cured within 10 days after receipt of the notice. This
applicable time period must pass before the non-defaulting Party may initiate any remedies
available to the non-defaulting party due to such breach.
(b) Any non-defaulting Party will mitigate direct or consequential damages arising
from any breach or default to the extent reasonably possible under the circumstances.
(c) The Parties agree that they will negotiate in good faith to resolve any disputes and
may engage in non-binding mediation,arbitration, or other alternative dispute resolution methods
as recommended by the laws of the State of Texas.
4.02 Equitable Relief. In recognition that failure in the performance of the Parties'
respective obligations could not be adequately compensated in monetary damages alone, the
Parties agree that after providing notice and an opportunity to cure in accordance with Section 4.01
above,the Parties shall have the right to request any court,agency or other governmental authority
of appropriate jurisdiction to grant any and all remedies which are appropriate to assure
conformance to the provisions of this Agreement. The defaulting Party shall be liable to the other
for all costs actually incurred in pursuing such remedies, including reasonable attorney's fees,and
for any penalties or fines as a result of the failure to comply with the terms including, without
limitation,the right to obtain a writ of mandamus or an injunction requiring the governing body of
the defaulting party to levy and collect rates and charges or other revenues sufficient to pay the
amounts owed under this Agreement.
4.03 Agreement's Remedies Not Exclusive. The provisions of this Agreement
providing remedies in the event of a Party's breach are not intended to be exclusive remedies.The
Parties retain, except to the extent released or waived by the express terms of this Agreement, all
rights at law and in equity to enforce the terms of this Agreement.
4.
V.
GENERAL PROVISIONS
5.01 Authority. This Agreement is made in part under the authority conferred in
Chapter 791, Texas Government Code.
5.02 Term. This Agreement shall commence upon execution of this Agreement and
shall end upon the completion of the County Project and acceptance of the public improvements
by the City.
5.03 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.
5.04 Payment 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.
5.05 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate
the purposes and intent of this Agreement.
5.06 Entire Agreement. This Agreement contains the entire agreement of the Parties
regarding the subject matter hereof and supersedes all prior or contemporaneous understandings
or representations, whether oral or written, regarding the subject matter and only relates to those
portions of the County Project shown in Exhibit A.
5.07 Amendments. Any amendment of this Agreement must be in writing and will be
effective if signed by the authorized representatives of the Parties.
5.08 Applicable Law; Venue. This Agreement will be construed in accordance with
Texas law. The venue for any action arising hereunder will be in Williamson County, Texas.
5.09 Notices. Any notices given under this Agreement will be effective if(i)forwarded
to a Party by hand-delivery; (ii) transmitted to a 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: City Manager
City of Round Rock
221 East Main Street
Round Rock, TX 78664
Telephone: (512)218-5401
5.
COUNTY: 710 S. Main Street
Georgetown,Texas 78626
Attn: Steven Snell
Telephone: (512)943-1550
Facsimile: (512)943-1662
5.10 Counterparts; Effect of Partial Execution. 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.
5.11 Authority. Each Party represents and warrants that it has the full right,power, and
authority to execute this Agreement.
5.12 Effective Date. This Agreement is executed to be effective on the date the last
Party signs this Agreement.
5.13 No Joint Venture. The County Project is the sole project of the County and is not
a joint venture or other partnership with the City.
(SIGNATURES ON FOLLOWING PAGE)
6.
THE CITY OF ROUND ROCK,TEXAS
By:
_ � W1 �'
Name: Crw'?
Its:
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS INSTRUMENT was acknowledged before me on this A� day of
2026, by Craig Morgan, Mayor of the City of Round Rock, Texas, on
behalf of said City.
0*"10-
ANN M FRANKLIN Notary Public, State of Texas
Notary ID+4113239
My Commission Expires
October 17, 2026
7.
WILLIAMSON COUNTY,TEXAS
By:
Steven Snell, County Judge
ATTEST:
By:
Nancy Rister, County Clerk
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS INSTRUMENT was acknowledged before me on this
by Steven Snell, County Judge of Williamson County,
Texas,on behalf of said County.
Notary Public, State of Texas
8.
Exhibit"A"
9.
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