ORDER NO. 27284
INTER-LOCRL RGREEMENI" WITH UGRR
FOR N.ERRVILLE SOUTH WASTWATER PROJECT
On this the 9th day of October 2001, upon motion made by
Commissioner Williams, seconded by Commissioner Griffin, the
Cour-t unanimously approved by a vote of 4-0-0, the
Inter•gover•nmental Agreement for 2001 Texas Community
Development Program with the UGRR and authorize the County
Judge to sign.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOC[IMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Fred Hermdk9Edi
MEETING DATE: OCtbb r , 2001
SUBJECT: (PLEASE BE SPECIFIC)
OFFICE: County Jude
TIME PREFERRED:
Consider and discuss Approval of Inter-Local Agreement with UGRA for Kerrville South
Wastewater Project.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
County Judge
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Govermnent Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepazed 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 eazliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
5:00 P.M. previous Tuesday.
September 26, 2001
Guadalupe Basin
Natural
Resmirces Center
125 Lehmann Drive
Ste. 100
Kerrville, Texas
78028-5908
(8301896-5445
Fax (830)257-2621
E-mail ugraadmn®ugra.org

,~ t,~,~,;,,
The Honorable Fred Henneke
Kerr County Judge
700 Main Street
Kerrville, Texas 78028
Re: Kerrville South Wastewater Grant Program
Intergovernmental Agreement, Kerr County & UGRA
Deaz Judge Henneke and Members of the Court:
Attached herewith aze two (2) copies of the referenced document considered and
approved by the UGRA Boazd of Directors at its September 25, 2001 Special
Meeting. Both documents have been manually executed by UGRA Boazd
President Jerry Ahrens.
Please schedule the Agreements for the Court's consideration and return one (1)
completed and manually executed copy to UGRA for filing. Please note the entry
of the date of Kerr County's approval date on top of page, and the date that
Grantworks provided the County with the Administrative Activities Checklist,
page 2 at the bottom.
Preliminary engineering conference on this project was held at UGRA on
September 25, 2001, Commissioner Bill Williams attended. UGRA looks
forward to getting this project underway immediately.
Enclosure - 2
Kert s ww Hem~ekeltr
kkm
STATE OF TEXAS §
COUNTY OF KERB §
INTERGOVERNMENTAL AGREEMENT
FOR 2001 TEXAS COMMUNITY DEVELOPMENT PROGRAM AWARD
This agreement is entered into this L day of )C'~o~e r ,col ,pursuant to the terms
of Chapter 791 of the Texas Government Code, by and between the Commissioners Court of Kerr
County, hereinafter called "the County", and the Upper Guadalupe River Authority, hereinafter
called "UGRA", for the purpose of providing certain services relating to the administration of the
operation of the 2001 TEXAS COMMUNITY DEVELOPMENT PROGRAM AWARD.
WHEREAS, Kerr County has, applied for and been awarded a 2001 Texas Community
Development Program (TCDP) Colonia Construction Fund Contract ("TCDP Contract") from the
Texas Department of Housing and Community Affairs (TDHCA) to construct wastewater
infrastructure improvements in the County, and
WHEREAS, the County finds its in the best interest of the health and welfare of its
residents, absentee property owners, visitors and guests, to accept and implement the TCDP
Contract; and to that end has entered into a contract with TDHCA effective May 8, 2001, a copy of
which is attached hereto and incorporated herein as Exhibit A
WHEREAS, the County finds that effective implementation of the TCDP Contract will
provide good environmental health practices which, among other benefits, ultimately will promote
safeguards for the county's surface and public drinking water standards; and
WHEREAS, UGRA's territorial jurisdiction is the same as the County's and UGRA is
charged to, among other matters, protect, preserve and maintain the quality of surface water in Kerr
County; and
WHEREAS, GrantWorks has an established program and staff to administer the TCDP
Contract on behalf of the County; and
WHEREAS, Groves Engineering has an established expertise and staff to serve as the
consulting engineer on the TCDP project; and
WHEREAS, UGRA has expressed a willingness to oversee the design and construction of
the TCDP Project, and has the program and staff to do so; and
Intergovernmental Agreement for implementation of TDHCA Contract
Page 2
WHEREAS, the public health, safety and welfare of the citizens of Kerr County would be
best served by both parties entering into this Intergovernmental Cooperation Agreement pursuant
to the authority granted by Chapter 791 of the Texas Government Code.
WHEREAS, UGRA, by resolution, has previously committed itselftoproviding $75,000.00
in cash matching funds under this 2001 TCDP project, and
WHEREAS, the County and UGRA mutually desire to be subject to the provisions ofTexas
Government Code Chapter 791, which provides for interlocal cooperation contracts, for the purpose
of establishing the funding, oversight, and eventual ownership of this 2001 TCDP project,
THEREFORE, the parties agree as follows:
TERM OF AGREEMENT: This Agreement shall commence on the date it is signed as
indicated below and shall remain in full force for a term commensurate with the term of the
TCDP Contract between the County and TDHCA, including any contract end-date
extensions.
2. CONTRIBUTION OF MATCHING FUNDS: UGRA shall contribute the matching funds
for this 2001 TCDP project in the sum of Seventy Five Thousand and no/100 Dollars
($75,000) to be placed in a TCDP Project Fund account opened by the County as provided
for herein.
KERB COUNTY FUNDING: Kerr County shall pay funds made available to the County
through the TCDP Fund Contract and upon current available funding by the County.
4. AWARD OF BIDS: Groves Engineering shall review the bid package as prepared by
Grantworks and shall make such design and consulting recommendations as it deems
necessary. Kerr County shall solicit and receive all bids. All accepted bids shall be refereed
by Kerr County to Groves Engineering and the UGRA who shall jointly evaluate the bids
and make recommendations to Kerr County. Kerr County shall award the actual bids
pursuant to the Texas Local Government Code.
5. RELATIONSHIP OF PARTIES:
5.1 Kerr County is the contracting party with TCDP;
5.2 Grantworks shall provide the County with administrative services and oversight of
the Project in accordance with that certain Administrative Activities Checklist dated
2
Intergovernmental Agreement for implementation of TDHCA Contract
Page 3
53 Groves Engineering shall be the Consulting Engineer for the County, and will work
in conjunction and cooperation with UGRA in the oversight of the construction
aspects of the project.
5.4 UGRA shall be responsible for general oversight of the construction of the TCDP
Project. In fulfilling this duty UGRA or its designated administrative service
provider shall furnish copies to the County of plans and specifications, bids ,
contracts, invoices and pay estimates received by UGRA from any and all
professional service providers and construction contractors for the Project and in
consultation with Groves Engineering shall recommend awarding ofbids, contractual
agreements with contractors and payment of appropriate invoices.
b-,AWt~I~D-FIF~IBS: Grevos Engineering-shall approve the bid package as re
GrantWorks and shall make such design and consultin a ions as it deems
property. Groves shall review the act rved and recommend bidders to UGRA,
who will forwar e ounty. If Groves, UGRA and the County cannot agree on
7. PAYMENT OF CONSTRUCTION INVOICES: All invoices for construction services
provided on the project shall be forwarded directly to the County. Copies of the invoices
shall be forwarded to Groves Engineering and the UGRA. The UGRA shall review each
invoice it receives to ensure the invoice's validity. Any validity issues arising from the
UGRA's inspection of an invoice shall be made known to the County by the UGRA prior
to the County paying the invoice. Upon approval by the Kerr County Commissioners Court,
the County shall pay the invoices out of the TCDP Project Fund. The UGRA shall remit its
portion of the matching grant to the County within five (5) business days of notice of
payment by the County to the UGRA.
8. DISPOSITION OF IMPROVEMENTS: Upon the final administrative closure of the TCDP
Contract, or sooner if agreed upon by the County and UGRA, all infrastructure
improvements constructed through this project shall be transferred from the County to the
UGRA subject to and in accordance with Texas Water Code, Section 49.229 and UGRA
shall thereafter assume all responsibilities of ownership, including operations and
maintenance. All plans, specifications, warranties, or construction documents of any kind
shall be transferred to UGRA at such time.
9. TERMINATION: Either party may terminate this agreement upon sixty (60) days written
notice to the other party, and such termination shall release each party from any further
responsibility under this Agreement.
3
Intergovernmental Agreement for implementation of TDHCA Contract
Page 4
10. SERVICES PROVIDED BY UGRA:
] 0.1 The General Manager, either directly or through appropriate personnel operating
under his supervision, shall provide all construction supervision services in
connection with this Agreement and the TDHCA Project
10.2 Monthly construction reports on the progress under the TDHCA Project will be
furnished to the County.
10.3 UGRA shall negotiate the contractual attangements with the City of Kerrville to
accept and treat the waste, to include the fees required to treat such waste.
10.4 UGRA shall have the responsibility to mediate and resolve design and/or
construction issues to its satisfaction with Groves Engineering and any contractors
identified with the execution of this project. Provided, however, that any such
resolution shall not increase the cost of the project without the approval of Kerr
County.
10.5 UGRA shall have no responsibility for the administration of the grant, funds
distribution from TDHCA into the project, record keeping and final audit, or the
solicitation of subscribers or connections to the Project., UGRA shall have no
responsibility for the management, procurement or accountability for the
procurement or acquisition of rights-of--way or easement for the project. The
County, through GrantWorks, or others, shall provide these services
11. EXPANSION OR EXTEI~'SION OF THE PROJECT;
11.1 At its sole discretion and expense, UGRA shall have the sole and exclusive right to
tap into, extend and/or expand upon the project to provide services to areas beyond
the geographical boundaries of any existing or future grant.
11.2 UGRA shall have the sole right and authority to negotiate and develop contractual
relations with developers and landowners within the areas of expansion.
12. ADMINISTRATIVE/OPERATION METHODOLOGY:
12.1 The County and the UGRA shall have the responsibility to supervise the construction
during terms of the TDHCA Contract. After the project has been transferred to the
UGRA, the UGRA shall have the sole responsibility for all aspects of the project.
4
Intergovernmental Agreement for implementation of TDHCA Contract
Page 5
12.2 Individual members of the Kerr County Commissioners Court, their agents and
employees shall refer all technical questions regarding the construction ofthe project
to the UGRA.
13. INDEPENDENT CONTRACTOR: In performance of its obligations hereunder, the UGRA
is an independent contractor with the exclusive right to oversee the construction of the
project. The County shall look to the UGRA for results only and shall not have the right or
responsibility at any time to direct or supervise the UGRA General Manager or any of the
UGRA personnel, agents, employees or professional and/or technical consultants employed
by UGRA on the delivery of the services as set out herein in the performance of such
services or as to the manner, means or methodology in which the services are performed.
14. GENERAL CONDITIONS/DEFINITIONS:
14.1 "Rules and Regulations" or "Program" means the requirements for the administration
and, construction and implementation of the TDHCA Contract, as adopted, by the
Kerr County Commissioners Court, effective May 8, 2001.
14.2 "General Manager" as that term is used in this Agreement means the General
Manager of the UGRA, his staff, agents, consultants that may or will be involved in
the execution of the terms of this Agreement and the Kerr County OSSF Program.
14.3 In case any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision hereof and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision
had never been contained herein.
14.4 This Agreement constitutes the sole and only agreement of the parties hereto and
supercedes any prior understandings or written or oral agreements between the
parties with respect to the subject matter hereof.
14.5 This Agreement may be amended from time to time by mutual consent, with any
such amendments being attached to the originals of the Agreement following
execution.
14.6 This Agreement is executed in duplicate originals with one original to be retained by
each party.
Intergovernmental Agreement for implementation of TDHCA Contract
Page 6
14.7 Any notices required to be sent under the terms of this Agreement shall be sent as
follows:
Ken County: Judge Frederick L. Henneke
Kerr County Judge
Ken County Courthouse
Kemille, Texas 78028
UGRA Jim T. Brown, General Manager
UGRA Admin. Offices
Kemille, Texas 78028
Notices maybe delivered by actual delivery, certified mail, facsimile, or other appropriate
method creating a record of the date of delivery.
APPROVAL
c
APPROVED AND ORDERED by the Commissioners Court of Kerr County this
day of ~ -~. , _~+ /
ATTEST:
ounty Clerk, Kerr Cou ty ~
By:
Deputy
COUNTY OF KERB
Fredenck L. Henneke, County Judge
;~
1
Intergovernmental Agreement for implementation of TDHCA Contract
Page 7
APPROVED AND ORDERED by the Board of Directors of the Upper Guadalupe River
Authority this ,~ ~ day of ~, ZOD !.
UPPER GUADALUPE RIVER AUTHORITY
Je hren ,President of the
Bo d of Directors
AT ST:
net Robins ,Secretary
to the Board of Directors
By:
Deputy
(UGRA/GeneraUfnterlocal - 09.20.01 I
TEXAS COMMUNITY DEVELOPMENT PROGRAM
DEPOSITORY/AUTHORIZED SIGNATORIES DESIGNATION FORM
Locality: Kerr County Contract No:
721075
The financial lending institution listed here will serve as the depository for the Texas
Community Development Program contract funds:
SECURITY STATE BANK & TRUST
(Name of Lending Institution)
P,0. BOX 29004
(Address)
KF.RR VTT.T.R TEXAS 78028
(City, State Zip Code)
401013531
(Fund Account Number)
The individuals listed below are designated by resolution as authorized signators for
contractual documents -- (At least two (2) Signatories Required)
Fred Henneke
(Name)
County Judge
Title)
(Signature)
Bill Williams
(Name)
County Commissioner
(Title)
(Signature)
Barbara Nemec
(Name)
County Treasurer
~ ~ (Title„
(Signature)
Jannett Pieper
(Name)
County Clerk
/~ (Tit ) -
Signature)
Planning, Housing, and
Community Development Services
for Rural Texas Since 1979
1705 West Koenig Lane
Austin, Texas 78756
Voice (512) 420-0303
Fax (512) 420-0302
austinLagrantworks.vet
Eric Hartzell Donna Pryor John Montoya Robin sisco
Betty Collier Pamela Orr Annette Oliver Dave Tucker
Tres Davis Alison Lear Chezsie Blanchard
Bruce spitzengel, President (Houston)
Bryan Grimes, Karen W. Allison (Lubbock)
Jerry Carvajal, Webbie Carvajal (Alpine) Martha Drake (Gonzales)
To: Commissioner Bill Williams DATE: 09/18/01
LocwLJrr: Kerr County PROJECT: 721075
SUBJECT: Project Start-up Forms for County Judge's Signature
Kerville South Sewer Project
The enclosed forms must be completed so we can begin implementing your new
Community Development Program contract. Once these forms are completed as
outlined below, please make copies for your files and then return all of the originals to
our office using the enclosed stamped self-addressed envelope.
1. Appointment of Fair Housing/Equal Opportunity Standards Officer -Have the appointed
person and the County Judge sign in the marked spaces. Often the person appointed is
the County Judge himself.
2. Contractor Local Opportunity Plan -please ask the County Judge to sign and date.
3. Certified Public Accountant's Letter to Director of Community Development Program -
Please have your CPA put this letter on their letterhead, fill in the blanks and sign it.
Return this letter to GrantWorks for delivery to the State Offices.
4. Direct Deposit Form -Please give this to the Treasurer. If you have an open account that
you have used for previous Community Development or Planning grants (not HOME),
please write the account number on this form and return to GrantWorks. If you do not
have an open account for this type of grant, you must open anon-interest bearing
checking account to pass through the grant funds, as required by the State Comptroller.
Please complete this form with the new account number, sign and date as appropriate
and return to GrantWorks.
5. Signatories Designation Form -obtain required signatures and complete the necessary
bank account information before returning to GrantWorks. The persons I placed on the
form are recommendations and can be changed according to document # 8.
6. Appointment of Labor Standards Officer Form -Please have the County Judge sign and
return to us.
7. Report on Real Property Acquisition Activities -Please have the County Judge sign and
return to us.
8. A draft of a resolution adopting signors for the administration of the grant. Please verify
that the signors I listed are appropriate (these are suggestions) and place this resolution
on your next council or commissioner's court meeting.
In order to satisfy the State's requirements, we must have these forms completed and returned to us
as soon as possible.
If you have any questions about these forms or other aspects of the implementation of your new
Community Development project please call me at (512) 420-0303.
74-176 (4-98)
For Comptrollers use only
VENDOR DIRECT DEPOSIT AUTHORIZATION
INSTRUCTIONS
• Use only BLUE or BLACK ink.
• Alterations must be initialed.
• Financial Institution must complete Section 4.
• Section 7 must be completed by the paying state agency
Check all appropriate bon(es).
•For further instructions, see back of this form.
TRANSACTION TYPE
Z ^ New setup (Sections 2, 3, 8 4) ^ Change f nancial institution (Sections 2. 3, 8 4)
U ^ Cancellation (Sections 2 & 3) ^ Change account number (Sections 2, 3, 8 4)
rWi1 ^ Exemption (Sections 2 8 5) ^ Change account type (Sections 2, 3, & 4)
DAY~c IncunGlrerlnnl


~	1 Social Security number or
Federal Employers Idemi6calion (FEI) 74-6001494	2. Mail Code (tlnof known, will be
comp/etetl by Paying State Agency)

=	
3. Name	4. Business Pnone number
	Kerr County	(830) 792-2211
		
W	6. Sheet Address	6. Cky	7. Stale	e. ZIP Code
	700 Main	Kerrville	TX	78028
UTHORIZATION FOR SETUP, CHANGES OR CANCELLATION
9. Pursuant to Section 403.016, Texas Government Code, I authorize the Comptroller of Public Accounts to deposit by electronic transfer payments owed to
me by the State of Texas and, if necessary, tlebil entries and adjustments for any amounts deposited electronically in error. The Comptroller shall deposit the
e'+ payments in the financial institution and account designated below. I recognize that if I fail to provide complete antl accurate information on this authorization
2 form, the Drecessing of the form may be tlelayed or that my payments may be erroneously transferred electronically.
O
U I consent to and agree to wmply with the National Automated Clearing House Association of Rules and Regulations antl the Comptroller's rules about
W electronic transfers as the exist on the Sale of m sl nature on this form or as subs uentl ado led, amentled or re Baled.
rn ,n e, an,.:,.d •.,,nm.... 11. Pooled name 72. Date
'~ 'i ~0
ClalAalr`IAI Ia1CTIT1ITInAI /ab,oi ho rmm~lcfcrl by financial insiihrfinn mnrPSP.nfativB )
	13. Finandal institution name	14 City	15. State
	SECURITY STATE BANK & TRUST	RRVILLE	TEXAS
	16. Routing Transit Number	17 Customer Account Number (Dashes requiretl OYES)	18. Type of Account
v			
I~Checking Savings
0	1_1 4 9-2 1~~7-~	1 0 1- 3 5 3- 1	
		_______
----------	
U	19. Represemative name (please pdm)	20. Title
W
w	
LINDA SOMMERVILLE	
ADMINISTRATIVE OFFICER
	21. Represemative Signature (Optlonaq	22. Phone number	23. Date
		(830 1895-2000	9-25-01
CYCM DT1/-1N1• I ,.L,lm e..emnfinn ~nrl ronncef nwman} by StA1P waffan} (CtIP.Ck) t1P.Cal1SPf
~
~	I am unable to establish a qualiyin account at a financial institution.
,~
J	
24. AuU1olized Signature	
25. Primed name	
26. Date
C
W			
N			
:ANCELLATION BY AGENCY
0 27 Reason 26. Date
u
W
N
ul•+ cTw TO Ir r~C\Ir`V

n	,29. Signature - -- -	30. Primed name
=	Agency name
31	32. Agency Number
O	.	
F		
U
W		
%	33. Commems	34. Phone number	35. Date
Form 74-776 (Back)(4-98)
INSTRUCTIONS FOR
VENDOR DIRECT DEPOSIT AUTHORIZATION
Section 1: Check the appropriate box(es)
NEW SETUP - if payee is not currently on direct deposit with the state.
a. Complete Sections 2, 3 & 4.
b. Financial institution representative must complete section 4.
CANCELLATION - If payee wishes to stop direct deposit with the state.
a. Payee completes Sections 2 8 3.
EXEMPTION - If payee claims an exemption granted by Tex. Govt. Code Ann. 1;403.016
a. Payee completes Sections 2 & 5.
CHANGE FINANCIAL INSTITUTION
a. Payee completes section 2 & 3.
b. The new financial institution representative completes Section 4
CHANGE ACCOUNT NUMBER
a. Payee completes section 2 & 3.
b. Financial institution representative completes section 4
Section 2: PAYEE IDENTIFICATION
Item 1 Leave the shaded boxes blank if you do not have your 11-digit Comptroller Payee Identification
Number. The paying state agency will provide the information to be entered into the shaded boxes.
Enter you 9-digit Social Security number or your Federal Employer's Identification (FEI) number.
Item 2 If your 3-digit mail code is not known, it will be assigned by the paying state agency.
Section 3: AUTHORIZATON FOR SETUP, CHANGES OR CANCELLATION
Items 10, The authorizing must sign, print their name, and date the form.
11 8 12
Section 4 FINANCIAL INSTITUTION
Section 4 must be completed by a financial institution representative
Item 19 The financial institution representative's name must be provided in Section 4.
NOTE: Alterations to routing and/or account number must be initialed by the financial institution
representative or the payee.
Section 5: EXEMPTION
a. If you qualify for an exemption, complete items 24, 25, and 26.
Section 6: CANCELLATION BY AGENCY (State agency use only)
Sections 6 8 7 must be completed by the paying State Agency
Section 7 PAYING STATE AGENCY (State agency use only)
Section 7 must be completed by the paying state agency before the form can be processed.
Submit the completed form to a state agency with which you are conducting business. This agency will be designated as
your custodial agency. If the direct deposit instructions need to be updated or cancelled, you must contact this agency