ORDER N0. 7991 '~
RE'P'ROVE INTERGOVERNMENTAL AGREEMENT
BETWEEN tiERR COUNTY AND U. G. R. A.
On this the 24th day of February, 2Q~0,?,, upon motion made by
Commissioner Williams, seconded by Commissioner Baldwin, the
Co~_~rt approved by a vote of 3-1-Q~, with Commissioner Nicholson
opposing the motion, the Intergovernmental Agreement for Texas
Comm~_~nity Development F'r~ngram, Texas Colonia Constr~_~ction F~_~nd
awards relative to Contract N~_imber 7`2411, and a~_~thnr~i~e the
County Judge to sign same.
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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST
AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: William H. Williams
MEETING DATE: February 24003
OFFICE: Commissioner, Pct. 2
TIME PREFERRED:
SUBJECT: (Please be specific) Consider, discuss and take appropriate action on
Amendments to the Intergovernmental Agreement between Kerr County and the Upper
Guadalupe River Authority.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams, County
Attorney, Richard Mosty.
ESTIMATED LENGTH OF PRESENTATION: 15 Minutes
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, Government Code, is as follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday
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 prepared for the Court's formal consideration and action at time of Court
meetings. Your cooperation is appreciated and contributes toward your request being addressed
at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court.
STATE OF TEXAS §
COUNTY OF KERB §
INTERGOVERNMENTAL AGREEMENT
FOR TEXAS COMMUMTY DEVELOPMENT PROGRAM AND
TEXAS COLONIA CONSTRUCTION FUND AWARDS
This agreement is entered into this day of , 2003, pursuant to the terms of Chapter 791
of the Texas Government Code, by and between Ken County, Texas, hereinafter called "County," through her Ken
County Commissioners' Court, 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 Texas Community
Development Program and Texas Colonia Construction Fund Awards:
WHEREAS, County has applied for and has received a grant (contract # 722411) under the Texas
Community Development Program (hereinafter called "TCDP") and/or the Texas Colonia Construction Fund
(hereinafter called "Colonia Fund") from the Texas Office of Rural Community Affairs (hereinafter called
"ORCA") (formerly, the Texas Department of Housing and Community Affairs {or TDHCA}) to construct treated
water, wastewater or other infrastructure improvements in the County projects; and
WHEREAS, County finds it in the best interest of the health and welfare of its residents, absentee property
owners, visitors and guests, to accept and implement such projects; and
WHEREAS, County finds that effective implementation of such projects will provide good environmental
health practices which, among other benefits, ultimately will promote safeguards for County's surface and public
drinking water standazds; and
WHEREAS, UGRA's territorial jurisdiction is the same as County's and UGRA is charged to, among
other matters, protect, preserve and maintain the quality of surface water in County; and
WHEREAS, a Project Administrative Consultant has been selected, that being GrantWorks, who has an
established program and staff to administer the current and pending ORCA projects on behalf of the County; and
WHEREAS, a Project Engineering Consultant has been selected, that being Groves and Associates, Inc.
(hereinafter called "Groves"), who has an established expertise and staff to serve as the consulting engineer on the
current and pending ORCA projects on behalf of the County; and
WHEREAS, UGRA has expressed a willingness to oversee the design and construction of the current and
pending ORCA projects, and has the program and staff to do so; and
WHEREAS, the public health, safety and welfare of the citizens of 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; and
WHEREAS, UGRA, by resolution, has previously committed itself to providing cash matching funds for
the awarded and pending ORCA projects and will provide cash matching funds in the amount of $ ;
for this grant county project and
WHEREAS, County and UGRA mutually desire to be subject to the provisions of Texas Government
Code Chapter 791, which provides for interlocal cooperation contracts, for the purpose of establishing the funding,
oversight, and eventual ownership of the ORCA projects;
THEREFORE, the parties agree as follows:
L 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 coterminous with the current ORCA county projects grant, including any
contract end-date extensions.
2. CONTRIBUTION OF MATCHING FUNDS: UGRA shall contribute cash matching funds for the
current ORCA project, as approved by both County and UGRA. Such matching funds are to be placed in an ORCA
Project Fund account created and administered by County, as provided for herein.
3. KERR COUNTY FUNDING: County shall periodically pay funds to the project construction contractor
and/or project construction subcontractors for portions of the project as completed, as and when said funds are made
available to County through any ORCA grant payments for county projects with regard to the current ORCA
projects.
4. AWARD OF BIDS: Groves shall review and approve the bid package as prepared by GrantWorks and
shall make such design and consulting recommendations as it deems necessary. County shall solicit and receive all
bids. All accepted bids shall be referred by County to Groves and UGRA, who shall jointly evaluate the bids and
make non-binding recommendations to County. County shall solicit, advertise, receive and award the actual bids
pursuant to Chapter 262 of the Texas Local Government Code, as same currently exists or as same shall be amended
during the term of this agreement.
RELATIONSHIP OF PARTIES:
5.1 County is the contracting party with ORCA for TCDP grant funds and Colonia Fund grant funds
for the current and pending ORCA projects.
5.2 GrantWorks shall provide County with assistance concerning grant issues, bid packet creation and
review, bid evaluation and review, administrative services and oversight of the current and
pending ORCA projects.
5.3 UGRA shall be responsible for general oversight of the construction of the ORCA projects. In
fulfilling this duty, UGRA or its designated Project Administrative Consultant shall furnish copies
to 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 county
projects, and in consultation with the Project Engineering Consultant for County, shall recommend
awarding of bids, contractual agreements with contractors and payment of appropriate invoices.
6. PAYMENT OF CONSTRUCTION INVOICES: All invoices for professional service providers,
professional consultants and construction service providers related to the current and pending ORCA county projects
shall be forwarded by the professional service providers, professional consultants and construction service providers
or their agents directly to County. Copies of the invoices shall be forwarded to GrantWorks and 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 County by the UGRA prior to County paying the invoice.
Upon approval by the Kerr County Commissioners Court, County shall pay the invoices out of the ORCA Project
Fund, if County deems such payment advisable and shall then provide notice of payment of said invoice to UGRA.
UGRA shall remit its portion of the matching grant to County within five (5) business days of notice of payment by
County to the UGRA. As County, in its role as grant applicant to ORCA, shall be ultimately responsible for the
proper expenditure and accounting of ORCA grant funds, County retains the power to review all such grant
expenditures, billing and accounting practices for county projects in whatever ways County chooses. In that context,
the financial records of UGRA, Groves and GrantWorks, which records are related to the current and pending
ORCA county projects, are to open to inspection to County, at reasonable business hours and upon reasonable notice
by County.
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7. DISPOSITION OF IMPROVEMENTS: Upon the final administrative closure of each project, or sooner,
if agreed upon by County and UGRA, all infrastructure improvements constructed through such county project shall
be transferred from 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.
8. 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.
9. SERVICES PROVIDED BY UGRA:
9.1 UGRA shall negotiate the contractual arrangements with the City of Kerrville or other appropriate
entity, to accept and treat the waste, to include the fees required to treat such waste.
9.2 UGRA shall have the responsibility to mediate and resolve design and/or construction issues to its
satisfaction with Groves and any contractors identified with the execution of the ORCA projects.
Provided, however, that any such resolution shall not increase the cost of the project, without prior
approval of County.
9.3 UGRA shall have no responsibility for the administration of the grant, funds distribution from
ORCA into the project, record keeping and final audit, or the solicitation of subscribers or
connections to the Project. As County, in its role as grant applicant to ORCA, shall be ultimately
responsible for the proper expenditure and accounting of ORCA grant funds, County retains the
power to review all such grant expenditures, billing and accounting practices for county projects in
whatever ways County chooses. UGRA shall have no responsibility for the management,
procurement or accountability for the procurement or acquisition ofrights-of--way or easements for
the project. The County, through GrantWorks, or others selected by County, shall provide these
services.
10. EXPANSION OR EXTENSION OF THE PROJECT;
10.1 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.
10.2 If the service area is expanded, UGRA shall have the sole right and authority to negotiate and
develop contractual relations with developers and landowners within the areas of expansion,
including procurement or acquisition of rights-of--way or easements for any expansion or
extension of the project.
11. ADMINISTRATIVE/OPERATION METHODOLOGY:
11.1 County and the UGRA shall have mutual responsibility to supervise the construction during terms
of the ORCA Projects. After the projects have been transferred to the UGRA, the UGRA shall
have the sole responsibility for all aspects of the projects.
11.2 Individual members of the Kerr County Commissioners Court, their agents and employees shall
refer all technical questions regarding the construction of the projects to the UGRA.
12. INDEPENDENT CONTRACTOR:
12.1 Following the completion of the projects which are the subject of this agreement, regarding
performance of its obligations hereunder, the UGRA is an independent contractor. County shall
look to the UGRA for results only and shall not have the right or responsibility at any time to
direct or supervise UGRA General Manager, UGRA Acting General Manager or any of the
UGRA personnel, agents, employees or professionals 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.
13. DEFINITIONS:
13.1 "Rules and Regulations" or "Program" means the requirements for the administration and,
construction and implementation of the ORCA Projects, as adopted, or as may hereafter be
adopted by the Kerr County Commissioners Court.
13.2 "General Manager" as that term is used in this Agreement means the General Manager of UGRA,
any Acting General Manager of UGRA, his staff, agents, consultants that may or will be involved
in the execution of the terms of this agreement and the Ken County OSSF Program.
13.3 "County projects" means wastewater projects located within County and funded totally or in part
by grant funds from the Texas Office of Rural Community Affairs and/or UGRA.
13.4 "Program" means the ongoing, multi-step effort by County to maximize installation of city sewer
lines into County areas where septic systems are the predominant means of wastewater disposal.
13.5 "Consultant" means one with particularized technical knowledge that is provided to the parties to
this agreement in support of the parties' goal of achieving the program as that term is herein
defined.
14. GENERAL CONDITIONS:
14.1 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.
14.2 This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subject
matter hereof.
14.3 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.
14.4 This Agreement is executed in duplicate originals with one original to be retained by each party.
14.5 Any notices required to be sent under the terms of this Agreement shall be sent as follows:
Kerr County: Judge Patrick A. Tinley (or his successor)
Kerr County Judge
Kerr County Courthouse
700 Main Street
Kerrville, Texas 78028
UGRA: Scott Loveland, Acting General Manager (or his successor)
UGRA Admin. Offices
125 Lehmann Drive, Suite 100
Kerrville, Texas 78028
Notices may be delivered by actual delivery, certified mail, facsimile, or other appropriate method creating
a record of the date of delivery.
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15. APPROVAL:
A P OVED AND ORDERED by the Commissioners' Court of Kerr County, Texas, this ~ day of
2003.
KERB COUNTY, TEXAS
APPROVED AND ORDERED by the Board of Directors of the Upper Guadalupe River
Authority this day of , 2003.
UPPER GUADALUPE RIVER AUTHORITY
By:
Janet Robinson, President of the
Board of Directors
ATTEST:
Secretary, Board of Directors
By:
(Word I~ents/MemorandalWilliams - Thud ('cant interiocal - 02.12.03)
g~~_ s s~s~s"
4/8/03 3:52 PM
called Scott Loveland @ UGRA to get status on Agmt.
He said agmt is not signed yet ------ they are going to wait until new mgr is hired. I asked
when that might be ----
he said that they are supposed to hire someone by 04/16/03. I told him I would get back
with him late next week.
Linda Hamilton

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