Dylov(~I.q
~~~
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST
AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Commissioner Williams OFFICE: Precinct 2
MEETING DATE: April 10, 2006 TIME PREFERRED:
SUBJECT: (Please be specific). Consider, discuss and take appropriate action on Inter-
Local Agreement between Upper Guadalupe River Authority (UGRA) and Kerr County
that provides match funding required in the TWDB Contract for Preliminary Planning
and Engineering for the Center Point Wastewater Collection System.
EXECUTIVE SESSION REQUESTED:
NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams.
ESTIMATED LENGTH OF PRESENTATION: 5 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.
INTERGOVERNMENTAL AGREEMENT
RELATING TO THE PREPARATION OF A REGIONAL WASTEWATER FACILITY
PLAN FOR THE CENTER POINT AREA WITHIN KERR COUNTY, TEXAS
STATE OF TEXAS §
COUNTY OF KERB §
This [nterlocal Agreement Relating To The Preparation of a Regional Wastewater
Facility Plan for the Center Point Area within Kerr County, Texas (the "Agreement") is entered
into pursuant to the terms of Chapter 791 of the Texas Govemment Code (the "Interlocal
Cooperation Act"), by and between Kerr County, Texas, hereinafter called "County," through
the Kerr County Commissioners Court, and the Upper Guadalupe River Authority, hereinafter
called "UGRA," through its Board of Directors, for the purpose of designating the respective
responsibilities of the parties relating to the financing and preparation of a preliminary
engineering study relating to the provision of wastewater service to the Center Point area of Kerr
County, Texas.
Recitals
WHEREAS, County has applied for and has received a planning grant (the "Planning
Grant") from the Texas Water Development Board ("TWDB") for purposes of preparing a
regional wastewater facility plan for the provision of centralized wastewater service that would
serve certain lands located in the southeastern part of Kerr County generally known as "Center
Point": and
WHEREAS, the effective implementation of regional wastewater facilities for Center
Point would allow the replacement of aging or failing septic systems which, among other
environmental benefits, ultimately will protect surface and public drinking water supplies within
Ken County;
WHEREAS, UGRA's territorial jurisdiction is the same as Ken County and UGRA is
charged to, among other matters, protect, preserve and maintain the quality of surface water in the
County; and
WHEREAS, Chapter 791 of the Govemment Code authorizes counties and river
authorities to eater irrto irrterlocal contracts to study the feasibility of the performance of a
govemmental function or service, including waste disposal; and
WHEREAS, pursuant to and in accordance with the authority set forth in Chapter 791 of
the Govemment Code, County and UGRA desire to enter into this Agreement to set forth their
respective obligations with respect to the preparation of the regional wastewater facility plan for
Center Point; and
WHEREAS, the public health, safety and welfare of the citizens of County would be
best served by both parties e~ering into this Intergovernmental Cooperation Agreement pursuant
to the authority granted by Chapter 791 of the Texas Govemment Code.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereafter set forth, the receipt and sufficiency of which is hereby acknowledged, County and
UGRA hereby agree as follows:
Agreement
1. TWDB CONTRACT FOR PLANNING GRANT: County agrees that it shall enter into
that certain contract with TWDB in the form attached hereto as Exhibit "A" (the ""TWDB
Contract") pursuant to which County, as the "Contractor," will cause the prepazation of a
Regional Wastewater Facility Plan for Center Poirrt.
2. PREPARATION OF REGIONAL FACILITY PLAN: County agrees that it shall retain
one or more qualified engineering consultarrts for purposes of preparing the Regional Wastewater
Facility Plan for Cealer Point. The engineering consultants shall prepaze the Regional Facility
Plan in accordance with the scope of work as described and approved by the 'TWDB and made
part of the agreernem with Ken County. County acknowledges and agrees that UGRA shall not
be a party to the contract(s) with such engineering consultant(s), and shall have no responsibility
for the performance of services by any such consultants.
3. CONTRIBUTION OF MATCHING FUNDS:
a. UGRA agrees to contribute cash matching funds for the preparation of the Regional
Wastewater Facility Plan. Specifically, UGRA agrees to provide payment for that
portion of the costs of preparation of the Regional Wastewater Facility Plan that is
not funded by the Planning Grant, but in no event shall UGRA be required to provide
payment in an amount greater than $60,880.00 or 50% of the total costs of
preparation of the Regional Wastewater Facility Plan, whichever is less.
b. County shall furnish invoices to UGRA on a monthly basis for all engineering and
other services related to the preparation of the Regional Wastewater Faciliiy Plan for
which it seeks payment. Each invoice shall be accompanied by a copy of the original
monthly invoice or voucher received by County from the engineering consultarrt(s).
UGRA shall be responsible for payment of 50% of the original invoiced amouu[ less
retainage (with the remaining portion to be paid by TWDB). UGRA agrees that it
shall provide payment of such amount within thirty (30) days of receipt of each
complete invoice for payment.
c. County agrees that UGRA shall have no responsibility for payment for any costs for
which TWDB is responsible or otherwise ineligible for payment under the TWDB
Contract. Simihvly, County agrees that it shall have no responsibility for payment to
the engineering consultarrt(s) retained by the County for preparation of the Regional
Wastewater Facility Plan, but shall be obligated to provide payment to Coumy in
accordance with this Agreement.
4. SCOPE OF WORK AND FINAL REPORTS: Courrty agrees that it shall provide copies
of the Scope of Work and Final Report, and all other work product and documentation prepazed
under the TWDB Contract or related to the Regional Facility Plan, no later than the date such
materials aze furnished to TWDB.
5. TERMINATION: Both parties shall be bound by the termination provisions as expressed
in the contract between the TWDB and Kerr County.
6. GENERAL CONDITIONS:
a. 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.
b. 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.
c. This Agreement may be amended from time to time by written instrument executed
by authorized representatives of the parties, with any such amendments being
attached to the originals of the Agreement following execution.
d. Either party may assign its rights under this Agreement upon prior written notice to
the other party.
e. This Agreement is executed in duplicate originals with one original to be retained by
each party.
f Any notices seat under this Agreement shall be sent as follows:
Kerr County: Judge Patrick A Tinley (or his successor)
Kerr Cou~y Judge
Kerr County Courthouse
700 Main Street
Kerrville, Texas 78028
UGRA: Ray Buck (or his successor)
General Manager
UGRA Admin. Offices
125 Lehmann Drive, Suite 100
Kemille, Texas 780028
Notices may be delivered by actual delivery, certified mail, facsimile, or other
appropriate method creating a record of the date of delivery.
7. APPROVAL:
APPROVED by the Commissioners' Court of Kerr County, Texas, this day of
2006.
KERB COtnv1'st, TEXAS
By:
Patrick A. Tinley, Kerr County Judge
ATTEST:
County Clerk, Kerr Coutrty
By:
Deputy
APPROVED by the Bond of Directors of the Upper Guadalupe River Authority this day
of .2006.
UPPER GUADALUPE RIVER AU'rxORTI'Y
BY:
Janet Robinson, President
Boazd of Directors
ATTEST:
Secretary, Boazd of Directors
4