Contract - Jonah Water SUD - 6/24/2021 INTERLOCAL AGREEMENT FOR BILLING SERVICES
THIS INTERLOCAL AGREEMENT FOR BILLING SERVICES (the "Agreement') is made and
entered into by and between the JONAH WATER SPECIAL UTILITY DISTRICT, a conservation and
reclamation district and political subdivision of the State of Texas ("Jonah") and the CITY OF ROUND
ROCK, TEXAS, a Texas home rule municipality("C "). Jonah and the City are herein referred to as the
Parties of this Agreement.
RECITALS
A. The City provides retail wastewater treatment and disposal services, stormwater drainage services,
and solid waste collection services to residents and property owners within its city limits and
extraterritorial jurisdiction, including areas within Jonah's boundaries, as more fully described on
Exhibit"A", attached hereto and incorporated herein by reference ("Billing Service Area").
B. Jonah provides retail water services to customers located within its boundaries,including the Billing
Service Area, and has administrative and field personnel who will collect water tap fees and other
fees and charges for water service,read customer water meters,and prepare monthly water bills for
Jonah's water customers and, in the event of non-payment, will discontinue water service to non-
paying customers.
C. The City has requested, and Jonah is willing to provide billing services for wastewater fees,
stormwater drainage fees,and solid waste collection fees (herein after referred to as"City Fees) for
the City's customers within the Billing Services Area.
D. The City has further requested that Jonah collect the City Fees from the City's customers and remit
such payment to the City,and Jonah is willing to provide this service.
E. The City has also requested that, pursuant to Texas Water Code §13.250(b)(2) and 30 Texas
Administrative Code, 291.88(e), and upon written request from the City, that Jonah agree to
disconnect retail water services to any City customer within the Billing Services Area who has not
paid City Fees.
F. Jonah is willing to provide these requested services on the terms and conditions set forth in this
Agreement.
G. Each Party represents and warrants to the other Party that the following are true, accurate and
complete as of the Effective Date:
(1) The Party has full right and authority to enter into this Agreement and to consummate the
transaction described in this Agreement;
(2) This Agreement constitutes the valid and legally binding obligations of the Party and is
enforceable against the Party in accordance with its terms;
(3) Neither the execution or delivery of this Agreement nor the performance of each Party's
obligations under this Agreement violates, or will violate, any contract or agreement to
which each Party is a party or by which each Party is otherwise bound.
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ILA for Billing Services with Jonah; 05-25-21 .docx
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable
consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows:
ARTICLE I.
SERVICES AND COMPENSATION
1.1 Jonah will perform the following services during the term of this Agreement:
a) Procedure for Establishing City Accounts. Jonah and the City agree to work together to
establish procedures that are mutually acceptable for setting up City wastewater,solid waste
collection and drainage utility accounts.
b) Establishing Cily Fees. At least once a year, and more often if determined by either Party
to be appropriate,the City agrees to provide Jonah with one or more reports setting forth the
amount of City Fees for each utility customer. For the purpose of setting City wastewater
bills, Jonah agrees to provide the City with monthly water consumption amounts for each
City wastewater customer.
c) CityApplication Form and Fees. Jonah will (i) provide each retail wastewater customer
within the Billing Services Area with the City Utility Service Application form attached as
Exhibits"B",(the"CITY Application"),and(ii)collect,on behalf of the City the City Fees.
d) Monthly Reports. Jonah will record all water meter readings and provide the City with a
monthly report showing the amount of water consumed by the City's wastewater customers.
e) Billing Cily Fees. Jonah will bill City customers for wastewater fees, stormwater drainage
fees, and solid waste collection fees, ("City Fees"), as set forth in Exhibit"C".
f) Update Fees. Jonah will update changes in the City Fees adopted by City Ordinance by the
effective date of the rate change as stated in the ordinance. The City will give Jonah 30
days' notice of rate changes.
g) Notice.At least annually,Jonah will include a notice complying with Section 182.052 of the
Texas Utilities Code (Confidentiality of Customer Information) in the City's customer's
bills.
h) Collection. Jonah will deposit the City Fees into the appropriate City account monthly
i) Adjustment. Jonah may make adjustments of less than$100 to customers' wastewater bills
as necessary due to clerical errors, meter malfunctions, and meter reading errors; however,
all such adjustments must be reported to the City on a monthly basis and adjustments in
excess of$100 must be approved, in advance,by the City.
1.2 Billing Reports. Jonah will provide The City with the following monthly reports within five
business days after the end of each month via fax or electronic mail:
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a) A report showing all new water connections made or new water service at an existing water
connection initiated during the prior calendar month, including the date and the customer's
name and service address. The report will also confirm that the City Applications were
received for each new connection or new service, and the amount of the related fees payable
to the City that were collected and remitted to the City.
b) A report reflecting the water meter reading for each wastewater customer within the Billing
Services Area during the prior billing period by customer name and service address.
1.3 Payments. Upon review of the Billing Reports,the City will generate an invoice for the amount of
City Fees collected on behalf of the City under this Agreement and Jonah will remit payment to the
City within five business days of receipt of monthly bill from the City.
1.4 Disconnection Services. Jonah will disconnect water service to a retail water customer within the
Billing Services Area for non-payment of City Fees if a)the City provides Jonah with a copy of the
written notification to the customer stating that, in compliance with the City's rate ordinances, the
customer has not paid their City Fees and that water service will be terminated within ten days if the
bill is not paid; and b)ten days have passed from the date of the written notification.
1.5 Excluded Services. All services not specifically identified in Sections 1.1 through 1.4 of this
Agreement are excluded from this Agreement. Jonah is not responsible for pursuing any efforts for
the collection of City Fees on delinquent accounts; rather Jonah's responsibilities are limited to the
services specifically set out in this Agreement.
1.6 Compensation. As compensation for the performance of the services described in Sections 1.1- 1.4
of this Agreement,the City will pay Jonah$ 1.00 per customer per month within the Billing Service
Area for services provided.
1.7 Additional Services and Charges. If the City requests additional services not included in this
Agreement, the Parties must agree in advance by separate agreement on the terms of and payment
for such services.
1.8 Payment and BillingTerms.erms. Jonah will invoice the City for all payments required under this
Agreement. The City agrees to make the required payments to Jonah by check or bank wire on or
before the due date specified on the invoice or if no due date is specified,on or before 30 days from
the date of the invoice. Payments must be mailed to the address indicated on the invoice, or can be
hand-delivered to Jonah's headquarters in Jonah, Texas, upon prior arrangement or wired to Jonah
pursuant to separate arrangement. If payments will be made by bank wire, the City must verify
wiring instructions with Jonah's Finance Department. Payment must be received at Jonah's
headquarters or bank by the due date in order not to be considered past due or late. In the event
payment is not received by the due date, the City must pay a one-time late payment charge of five
percent of the unpaid balance of the invoice.
1.9 Insurance; Audits. The City reserves the right to obtain a fidelity bond or insurance, including
commercial crime insurance, to protect the City's interests under this Agreement. In addition, the
City reserves the right to audit, or hire an independent third party to audit, the records, internal
controls, and processes of Jonah with regards to the provision of services described in Sections 1.1
to 1.4 above. The cost of any such bond, insurance or audit shall be borne by the City.
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ARTICLE II.
LIABILITY
2.1 Hold Harmless. Jonah may not be liable or responsible for,and will be saved and held harmless by
the City,to the extent provided by law, from and against any and all suits,actions, losses,damages,
claims, or liability of any character, type, or description, including all expenses of litigation, court
costs, and attorney's fees for injury or death to any person, or injury to any property, received or
sustained by any person or persons or property, arising out of, or occasioned by, directly or
indirectly,the performance of the services as described in this Agreement,except to the extent such
claims of damages arise from Jonah's breach of this Agreement, or the claimed gross negligence,
strict liability, or willful misconduct of Jonah.
ARTICLE III.
MISCELLANEOUS TERMS AND CONDITIONS OF THE AGREEMENT
3.1 Term and Termination.
a) Term. The term of this Agreement will begin on the Effective Date and shall continue
therefrom for a period of ten(10)years ("Initial Term").
b) Termination Without Cause. Anything in this Agreement to the contrary notwithstanding,
this Agreement may be terminated by either Party by delivery of at least 90 days' written
notice to the other Party.In the event of termination,the City will compensate Jonah pursuant
to this Agreement up to the date of termination (pro-rated for less than a full month, if
necessary)and will pay any unpaid expenses due to Jonah pursuant to this Agreement.
c) Return of Ci_ Property. Upon termination of this Agreement, for any reason, Jonah agrees
to immediately turn over all City records, funds,and other property to the City's designated
representative.
3.2 Assignment. This Agreement is binding upon and inures to the benefit of the Parties, their
successors, and assigns. This Agreement may not be assigned by either Party without prior written
approval by the other Party.
3.3 No Oral Modification. This Agreement may not be modified or amended, except by an agreement
in writing signed by the authorized representatives of both Parties.
3.4 No Oral Waiver. The Parties may waive any of the conditions contained herein or any of the
obligations of the other Party hereunder,but any such waiver will be effective only if in writing and
signed by the authorized representative of the Party waiving such conditions or obligations.
3.5 Total Agreement. This Agreement constitutes the entire agreement between the Parties pertaining
to the subject matter hereof and supersedes all prior and contemporaneous agreements and
understandings of the Parties in connection therewith. No representation, warranty, covenant,
agreement, or condition not expressed in this Agreement will be binding upon the Parties hereto or
will affect or be effective to interpret, change or restrict the provisions of this Agreement.
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3.6 Partial Invalidity. If any clause or provision of this Agreement is or should ever be held to be illegal,
invalid,or unenforceable under any present or future law applicable to the terms hereof,then and in
that event, it is the intention of the Parties hereto that the remainder of this Agreement will not be
affected thereby, and that in lieu of each such clause or provision of this Agreement that is illegal,
invalid, or unenforceable,there be added as part of this Agreement a clause or provision as similar
in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be
legal,valid,and enforceable such that the intention of the Parties is effected as closely as is possible.
3.7 Counterpart Execution. To facilitate execution, this Agreement may be executed in as many
counterparts as may be convenient or required. It is not necessary that the signature of all persons
required to bind any Party appear on each counterpart. All counterparts will collectively constitute
a single instrument.
3.8 Holidays. If the date upon which any duty or obligation must be performed occurs on a Saturday,
Sunday, or legal holiday, then the due date for performance of that duty or obligation will be
automatically extended to the next succeeding business day.
3.9 Effective Date. The Effective Date of this Agreement is the date of execution set forth below.
3.10 Governing Law and Forum. This agreement will be construed under and in accordance with the law
of the State of Texas. All of the obligation contained in this Agreement are performable in
Williamson County, Texas.
3.11 Authorized Representatives and Addresses. Any deliveries made or notices required under this
Agreement will be effective on the date of delivery if forwarded to a Party by hand-delivery to the
address of the Party indicated below. Written notices given under this Agreement will be effective
on the date of actual receipt if. (i)forwarded to a Party by hand-delivery to the address of the Party
indicated below; (ii) transmitted to a Party by confirmed telecopy to the address of the Party
indicated below; or, (iii) deposited with the U.S. Postal Service, postage prepaid, to the address of
the Party indicated below.The authorized representatives on the date of execution of this Agreement
include the individuals listed below. Either Party may notify the other Party of changes in address
or authorized representatives by written notice given in accordance with this Agreement.
City: City of Round Rock, Texas
Attn: Michael Thane
3400 Sunrise Road
Round Rock, Texas78665
Phone: (512)218-3236
Facsimile: (512)218-3242
Email: mthane@roundrocktexas.gov
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With copy to:
Stephan L. Sheets
City Attorney
309 E. Main Street
Round Rock, Texas 78664
Phone: (512)255-8877
Email: steve@scrrlaw.com
Jonah: Jonah Water Special Utility District
P.O. Box 455
Hutto, Texas 78634
Attn: Bill Brown, General Manager
Telephone: (512) 759-1286
Facsimile: (512) 759-2983
Email: bbrown@jonahwater.com
With copy to:
John Carlton
The Carlton Law Firm, PLLC
4301 Westbank Drive, Suite B-130
Austin, Texas 78746
Phone: (512) 614-0901
Email:john@carltonlawaustin.com
3.12 Representations of the Parties. Each Party represents and warrants to the other Party that the
following are true, accurate and complete as of the Effective Date:
a) The Party has full right and authority to enter into this Agreement and to consummate the
transaction described in this Agreement;
b) This Agreement constitutes the valid and legally binding obligations of the Party and is
enforceable against the Party in accordance with its terms;
c) Neither the execution or delivery of this Agreement nor the performance of each Party's
obligations under this Agreement violates, or will violate, any contract or agreement to
which each Party is a party or by which each Party is otherwise bound.
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Executed this day of (�.�r , 2021.
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CITY OF ROUND ROCK, ERAS
By:
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Craig Mor an, Ma o
JONAH WATER SPECIAL UTILITY DISTRICT
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EXHIBIT "A"
Billing Service Area
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EXHIBIT "B"
Utility Service Application Form
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EXHIBIT "C"
City Fees
Wastewater Fees:
Monthly Base Fee - $13.27 (as determined by water meter size)
Volumetric Rate - $3.39/1,000 gallons
Water Winter Averages by meter size:
5/8"and%" 5,400 gallons/month
1"and 1.5" 36,900 gallons/month
2" 102,200 gallons/month
3"and 4" 291,700 gallons/month
6" 798,000 gallons/month
8", 10", and 12" 321,000 gallons/month
Stormwater Drainage Fees:
Single-Family Residential - $4.75 per dwelling unit(City average impervious cover is 2,900 square feet)
Non-Residential - $1.64 per 1,000 square feet of impervious cover
Solid Waste Collection Fees:
Single-Family Residential - $19.37 plus tax
Non-Residential—fee based on size of disposal container
All rates are amended from time to time by City Council.
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