ORDER NO. ~'~s:~6;='
AP'P'ROVAL (]F CONTRACT WITH FRONTERA
ASSOCIATES INTERNATTIONAL, INC.
AS DESIGN P'ROFESSIDNAL FOR THE I'.ERR COUNTY
DARKS DEVELO~'MENT PROGRAM
On this the i~th day of Jr_~ne 1996,
Commissioner, Holekamp, seconded by
Cor_irt unanimously approved by a vo
approve the contract with Front era
Inc., with recommended changes and
to sign said docr_iment.
~_~pon motion made by
Commissioner Lackey, the
to of 5-~-~, to review and
AssOClateS International
ar_rthorize the Cor_~nty Judge
PROFESSIONAL SERVICES AGREEMENT
DATE: Jr_ine 1~, 1996 P'ro.iect No.
Company/Client : Kerr, Cor_~nty Commissioners' Car_r3^t
Name: Kerr County Commissior-rers' Court
Address: Ker^r' County Courthouse,
7~~ Main Street
Ker-rv i 1 1 e, Tx 78`8
Telephone #: ~1Q+-79~-~Eil Fax #: c1~-79`-.~E18
FRONTERA ASSOCIATES INTERNATIONAL, INC., AS THE DESIGN
F'ROFESSIDNAL, IS HEREBY AUTHORISED TOO PERFORM F'ROf=ESSIONAL
SERVICES IN CONNECTION WITH THE FOLLOWING PRO,JEC1"t5>:
PROJECT NAME: Kerr Cor_inty Parks Development P'rogr--am
Location: Kerr County, Texas
SCDP'F_" OF SERVICES AND PROJECT DESCRIPTION:
1. Prepare and sr_~bmit to Commissioners' Court,
Cor_~nty Park and Recreation Master Plan actor^ding to
regr_iired for^mat of Texas Recreation anti Parks Accor_int
Local Park Grant Program by July 1~, 1996, at 5:~0
G.M. If available, the County to pr-ovide a list of
cr_irrentiy operated perk facilitie~~, cor_inty base
mapping in Ar_~toCAD format and list of ct_rrrent plans
for park development within the Cor_~nty.
~. Prepar^e and s+_tbmit to Commissioners' Ga+_trt, Texas
Parks and Wildlife Gr^ant Application for^ Co+_tnty Far^k
by J+_tly ci, 1996; if any amendment<,; ar^ cor^r^ections ar^e
req+_tired, final Gr^ant Application will be r^eady and
s+_tbmitted to Texas Parks and Wildlife by J+_tiy 31,
1996.
PLEASE SEE FOLLOWING PAGES FDR 5F'ECIFIC TERMS AND CONDITIONS
PERTINENT TD AND PART DF 'THIS AGREEMENT.
INDEMNIFICATION
The Owner agr^ees to hold harmless and indemnify the DESIGN
PROFESSIONAL for and against all claims, damages, awards and
costs of defense arising out of delays in the DESIGN
FROFESSIONAI_'S performance res+_tlting Pram events beyond the
DESIGN PROFESSIONAL'S control. Events beyond the DESIGN
PROFESSIONAL'S control shall not include illness or
+_tnavailability of employees or^ contractors, inclement weather
or^ comp+_tter^ or^ softwar^e fail+_tr^es.
R I SF~. ALLDCAT I ON
In recognition of the relative r^isks, rewards and benefits of
the project to bath the Client and the Firm, the risks have
been allocated such that the Client far any and all inj+_tries,
claims, losses, expenses, damages or claim expenses arising
a+_tt of this agr-•eement from any cause or^ causes, shall not
exceed o+_tr fee of $~D, t~t~~7t, whichever is less. S+_tch ca+_tses
incl+_tde, but ar^e not limited to, the F'irm's negligence,
err^ors, emissions, strict liability, breach of contract or
breach of war^r^anty.
TERMI NAl' I DN :
1. This agr^eement between Client and DESIC-;N
F'RDFESSIDNAL may be terminated either party +_tpon
seven (7) days' written notice in the event of
persistent failure of performance of the mater^ial
'ter^ms and conditions of this agreement by the other
par^ty thr^n+_~gh no fault oi= the terminating par^t y.
~. If this agr-•eement is ter^minated dt_-ring the caur^se
of performance of the work, the DESIGN PROFESSIONAL
shall be paid the reasonable val~_te of the services
per^formed d~_tring the period prior to the effective
date of ter^mination of the agreement.
FIXED FEES •- MASTER FLAN +b 15, D~~ : GRANT AF'F'L I CAl"ION ~ 5, D~~
PILLING/PAYMENTS:
Tnvaices far^ the Firm' _.> ser^vices shall be s+_tbmitted, upon
completions of services. Invoices shall be payable within
thirty (~.;tZt) days after^ the date the invoice is considered by
tt-+e Commissioner^s' Court. Billings over thir^ty (S~) days past
d+_te will be s+_tb.ject to inter^e5t char^ges of 1--1/~_ ~ per^ month
on the ~.anpaid balance. In the event any or all of the acco~.~nt
remains ~_inpaid in f~_ill ninety (9~) days after consider-•ation by
the Commissioners' Co~_~rt, the Client shall be responsible for
all casts of collection incl~_-ding reasonable attorney's fees.
OWNERSHIR DF DOCUMENTS:
All dac~_~ments produced by the Firm ~_~nder this agreempzit sF-,all
be the pr^nperty of the Firm and the Client and may not be ~_~sed
by the Firm far any ather endeavar-• witha~_~t the written cansent
of the Client.
MEDIATION:
F'riar^ to arbitration ar litigation, the parties shall endeavor
to settle disp~_~tes by mediation in accordance with the
Constr~_iction ind~_tstr-•y Mediation R~_~les of the American
Arbitration Association c~_~rrently in effect ~_~nless the parties
m~_at~_~ally agr-•ee ather-•wise. Demand for mediation shall be filed
in writing with the other party to this Agreement and with the
American Arbitratian Association. A demand for mediation
shall be made within a reasnnable time after the claim,
disp~_~te, ar other matter in q~_~estion has arisen. In no event
shall the demand for mediation be made after the date when
instit~_ttion ar legal ar eq~_iitable proceedings based an s~_tch
claim, disp~_tte or other matter in q~_~estion wai.iid be barred by
the applicable statute of limitations.
The terms and conditions and the initials req~_~ired vn the
reverse side of this farm are a part of the Agreement.
FRONTERA ASSOCIATES
INTERNATIONAL, INC.
/s/ Hrad Graves
/t/ Prad Graves
Vice President
ACCEPTED NY: KERR COUNTI~`
CDMM I SS I DPdERS' COURT
/s/ Rober-•t A. Denson
;'t/ Rober-•t A. Denson
Kerr County Ji.~dge
J,_~ne 1~, 1996
COMMISSIONERS' COURT AGENDA R~,t)UEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF TffiS REOUEST AND DOCUMENTS
._ TO BE REVIEWED BY THE COURT.
MADE BY: ROBERT A. DENSON OFFICE: COUNTY JUDGE
MEETING DATE: June 10. 1996 TIlVIE PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss authorization for the County Judge to review and sign
contract with Frontera Associates International, Inc. as the design
professional for the Kerr County Parks Development Program.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNELMATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: County Judge
Time far submitting this request for Court to assure that the matter is posted in accordance with Title S,
Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

AlI Agenda Requests will be screened by the County Judge's Office to determine if adequate information has
been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will
be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda
-- Request Rules Adopted by Commissioners' Court.
C'~,-11-19'=~ C!'±~c_r,f1 FF'0~1 '" _~~~_ Fh;-; 218 2~'~~ 8497 TO '. ~~bh1121~J79222~8 P.02
7G-17G-11 ~~? ~ GJ 1~C.IVC 1 I HUL l 1 t_K G1PJ'-'! ~c-GL.~+7 r-, ki~~
pitOFT~.SSIONAI~ SF,~tVICES AGR,FEMF.NT
DAB: J~ ~o, 199b P'ga1~r NO.:
CcJMpANYlGLI~NT; Keux County Coavmia~u~ers' Caust '
NAiVIE:. i{,etz County Cotzttnissianas' Cau~t
ADDRESS: Ktrr Comity Courthaw-e,
900 M>w3n Stroet
K~miUa, Textm 78x28
TELEPHQNE #; _ -210-792-2211 FAX #: Z 10-792-2Z 18 '
FRONT`ERA ASSOCIATES INTERI~AT~l7NAI-. II~IC., AS THE DESI4N
~'ROFES.S~KINA1:., ~ IS I~REHY AUT'HORl2ED Tt?O pERFt)RM
pRO~'1.'SS~IONAI. SBRVIGES IN CONrTECTit]N WITH THE FOLLQV~ING
PROJECT{~):
PROJT•.CT NAME: Kerr' County F~ Dev~e}apsaent Progc~tm
LOCATION: Kerr County, Texas '
SCOPE (JF SERVICES AND PROJECT DESCRIPTION:
Z . Prcp~r+c aad s»bmit to Commiesi~a' Court, County Park and
Recnp~atinn Mager Plan according to required format of Texas
Rea'Catioa mad Packs Account I.~ocal Park Csrattt Program by Iuly 10,
I99~, at 5:00 P_I1+1. If availably tbo County to pe~vicbe a fist of
ctnr~+utty optrated Park faciiitiee~, count}' base i°g in AutoCAD
fork stud Iist of cunmt glans far park developmetrt witbin t3~e
Caw~tj-.
2. P~aparc and submit to Coraaaiaaicaterls' Court, Texas Parks sad
R~ildlife Crrant ApplicAtioa fvr Coarity Part by July 21, 199f; if airy
amendurer~s or can~actYOna are raq~, fYnal Cmax Appficatiaa will
be raady and submitted to Tc~csa Parka and WildGfc by July 3 i,
1946. ~,
PLBASF SEE Ppt~_OWINC3 PAGES FOR SPECIFIC TERMS AND
CONUTfIQNS P'LRTINENT T4 AND PART OF TI31S AGREP.~NT.
1
~r~-11-1'~Q~ ~r~:c.~~~.;~ FF'Or1 ~_ ,~~e= FH: 2iL :'2h 8~9T TO ~~6~1121L~7922238 P.E73
..
PRC3FESSIONAL'S .,...carol shall not include dhuss unavai}.ability of
employees or contracbars, ~pclement weather or' computer ~ software failures,
RISK AI.LOCATIt,~N:
In recogoitwu of t$t reLltive risks, rewards spud b~efita of the project to bath the
Client and the Fir:q., the risks have been allocated such that the Client for agy and
alI injuries, claims,' loxses, eapease9, damn~es or claim expenses arising out of tbia
agreement firom any cause ar causes, sbail not exceed vur foe or ~SU,U(14,
whichever is Teas. Such c8rarliea incluck, but are not timtted ta, the Firm's
uegligrace, errors,, omissions, strict liability, br+cac~.h of contract or bt~esch of
~varrenty.
TERMII+IATIO~I:
1. This agreent bclween Client and DESIGN PROFF.SSIt')NAL may
be texminateci by either party upon seven (~7) days' written notice m
t#Le e~veat of pea~uncnt faiture of performance of the nnstesial t~erma
and conditions of this a~cat by the other party thmugh na fauft
of the tAxmuuding party.
2, lI' this ~ is tarn~ted during tfio crou~ao of perfa rnaaoa of
thevvaa-k, the DESIGN I;ROFE55IONAr, shall be mid tl-e
rcaaanabl~ value p~f the services perfa~miod during the period prior to
the offective d~a of tcrrnin$tian of the agtt.
FD~ED FEES -MASTER P1;.Aly 3-13,400: GRANT APPLICATION' SS,O!)i}
BII.LRVG/PAYM~NTS:
Iovoic~s far the FiQm'a services shall be submitbac~ ~°n ccratpktinn of a~trvice~
Ltvoir~ shall be payable within ~Y (3Q) days after the date the invoice is
considered by the Commissioners' Court. Billings over thirty (30) days pa$t due
will be subject to itrttt+est char cues of 3 -1I2 9~O peer rnorrth on the ut~eid balance. to
ific evtnt Say ar all of the account remains unpaid in furl ninety (9U) days afttr
2
~Jo-~1-19'_1=, ~_~~:c'~y~? P~~pt~? .-o~.~~> FH; 21L~ ~?~, 8497 TO :1«661121~~r9222?8 P. D4
' 9b-[6-11 ['7:29 KERB C Tl' HIJUI TOP 21L~-Y'j~-~~,5ti
conssido~~tion by thv Cor~:unirsioacss' Court, tho Cliaat sJ'ull be respo~ible far all
cr>sta of oallactiun Yncluding reasonable at~xney'a f+mrs.
ov~sxlp of nOCUMEIVrs:
All documoents produced by the Fran under thin aaat rhall bo tbo prapaty of
the Firm rind the Ciicat and may' Wert tx~ usod by the Firm for any other ~daavc~r
widsaut the wrri~t co~+aat o!'the Ghent.
MED-uTraN:
Prior tv arbitreNon oi' LitigAtion~ the partier rhrtil ondesvo~r taor ~tle dispaibes by
Imadiaticm in ac.~ord~u~ce with thr Conmtr~ction Iudt~y Mex3iatioa Rules of the
Americ.~au Arbitration A~ociatian curs~tly in uz~lcoa the perdab Ynatw~ljy
agree vtherwi ge. Demaad for mediation ~Il ~ filed im writing with the other
party to thin A,gr~mdrt asui wit~i the American Arbitration Association. A
demand fur mediation shall be made withia a r+rssonabk timo a~ the chino,
dispute or other matrs' in questioa has arisen. Tn rio event aba[t the dernsad for
mediation be made altar the date when instiivetion of legal or equitable proceedings
based ass such claim, dispute aer other nuettar in questioa w~vuld be lartrod by the
?applicable staettsba tyf tvnitatioaa.
The tams and conditions and the initials required an the reverse side of this form
sere a pert of the A~+eaaerst.
FROI~TER.A ASSOCIATES
INTERNATT(]NAL, WC.
ACCEPTED BY: I~ERR COUNTY
COMMIS~IQNERS' COURT
~~ ., l~~
r
V a M~ ~.
Vie4 Fresi3ont -
Il~TDEI-dN1FICATIQN:
Kar couaay Jnd~e
Jug 1~,1919~6
The Owuor Agrees to hold htumleaes and in~mnify the I]BSIQN pROFESS'IONAY,
for and against all claims, damages, awards and eosts of defense arising eat of
delays in the DESIGN PROFESSION'AL'S performance resuhing fmm tventi~
- --~---.-- __. ~..__.,.~_,..__ . _ ... ., ..____~_ z__-__.a ~t_ r~rorr~t
r.~~
TOTAL P. 84
ORDER. NC. 23362
APPROVAL OF CONTRACT WITH FRONTERA
ASSOCIATES INTE1zNATIONAL, INC. AS
DESIGN PROFESSIODIAL FOR THE KERR
COUNTY PARKS DEVELOPMENT PROGRAM
June 10, 1996
Vol U, Page 498