ORDER NO.29644
INTERLOCAL AGREEMENT BETWEEN UPPER GUADALUPE RIVER
AUTHORITY AND KERR COUNTY FOR PRELIMINTARY PLANNING
AND ENGINEERING FOR CENTER POINT WASTEWATER
COLLECTION PROJECT
Came to be heard this the 24th day of April, 2006, with a motion made by
Commissioner Williams, seconded by Commissioner Nicholson. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Interlocal Agreement between Upper Guadalupe River
Authority (UGRA) and Kerr County that provides match funding required
by the Texas Water Development Board (TWDB) Contract for Preliminary
Planning and Engineering for the Center Point Wastewater Collection
Project.
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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: Commissioner Williams OFFICE: Precinct 2
MEETING DATE: AprH 24, 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 by the TWDB Contract for Preliminary Planning
and Engineering for the Center Point Wastewater Collection Project.
EXECUTIVE SESSION REQUESTED:
NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams, County
Attorney
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: (a,
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 is appreciated and contributes toward your request being addressed
at the eazliest opportunity. See Agenda Request Rule adopted by Commissioners Court.
Memorandum
April 1Q 2006
To: Rex Emerson, County Attorney
From: Bill Williams, Commissioner Precinct 2
Subject: Review of Proposed Inter-local Agreement with UGRA re Center Point
Grant Match funding.
Rex:
Attached, please find a copy of the proposed Inter-Local Agreement with UGRA
for grant match funding for the Center Point Wastewater Project.
Please note that in Sec. 3 (c), third line, it should read, "Similazly, UGRA agrees
that it shall have no responsibility for payment to ... "
Also, the name of the UGRA President should be changed from "Janet Robinson"
to "Ronnie Pace."
Please advise if there are any other changes you believe aze necessary.
Regazds,


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INTERGOVERNMENTAL AGREEMENT
RELATING TO THE PREPARATION OF A REGIONAL WASTEWATER FACILITY
PLAN FOR THE CENTER POINT AREA WITHIN KERB COUNTY, TEXAS
STATE OF TEXAS §
COUNTY OF KERB §
This Interlocal Agreement Relating To The Preparation of a Regional Wastewater
Facility Plan for the Center Point Area within Kerr Comity, Texas (the "Agreement") is entered
into pursua~ to the terms of Chapter 791 of the Texas Government Code (the "Interlocal
Cooperation Act"), by and between Kerr County, Texas, hereinafter called "County," through
the Ken• County Commissioners Court, and the Upper Guadalupe River Authority, hereinafter
called "UGRA," through its Boazd 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 Poim azea of Kerr
County, Texas.
Recitals
WHEREAS, County has applied for and has received a planning grant (the "Plazming
Granf~ 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
Poirrt"; 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
Kerr County;
WHEREAS, UGRA's territorial jurisdiction is the same as Kerr County and UGRA is
chazged to, among other matters, protect, preserve and maintain the quality of surface water in the
County; and
WHEREAS, Chapter 791 of the Government Code authorizes counties and river
authorities to enter into interlocal 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 Government Code, County and UGRA desire to eater into this Agreement to set forth their
respective obligations with respect to the preparation of the regional wastewater facility plan for
Center Pourt; and
WHEREAS, the public health, safety and welfare of the citizens of County would be
best served by both parties entering into this hrtergovernmerrtal Cooperation Agreement pursuant
to the authority granted by Chapter 791 of the Texas Government Code.
NOW, THEREFORE, in consideration of the mutual covenarrts and agreements
hereafter set forth, the receipt and sufficiency of which is hereby acknowledged, County and
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UGRA hereby agree as follows:
Agreement
1. TWDB CONTRACT FOR PLANNING GRANT: County agrees that it shall enter imo
that certain contract with TWDB in the form attached hereto as Exhibit "A" (the "TWDB
Contracf~ pursuant to which County, as the "Contractor," will cause the preparation of a
Regional Wastewater Facility Plan for Center Point.
2. PREPARATION OF REGIONAL FACILITY PLAN: County agrees that it shall retain
one or more qualified engineering consultants for purposes of preparing the Regional Wastewater
Facility Plan for Center Point. The engineering consultants shall prepare the Regional Facility
Plan in accordance with the scope of work as described and approved by the TWDB and made
part of the agreement with Kerr County. County acknowledges and agrees that UGRA shall not
be a party to the wntract(s) with such engineering wnsultaut(s), and shall have no responsibility
for the performance of services by any such consultarus.
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 amouar 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 famish invoices to UGRA on a montlily basis for all engineering and
other services related to the preparation of the Regional Wastewater Facility 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 consultant(s).
UGRA shall be responsible for payment of 50% of the original invoiced amount 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 payme~rt.
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. Similarly, UGRA agrees that it shall have no responsibility for payment to
the engincering consultant(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: County agrees that it shall provide copies
of the Scope of Work and Final Report, and all other work product and documentation prepared
under the TWDB Contract or related to the Regional Facility Plan, no later than the date such
materials are 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 arty
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
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Agreement shall be construed as if such invalid, illegal or unenforceable provision
had never been construed herein.
b. This Agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understandings or written or oral agrceme~rts 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 Agreemen 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.
£ Any notices sent under 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: Ray Buck (or his successor)
General Manager
UGRA Admin. Offices
125 Lehmann Drive, Suite 100
Kerrville, 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 24th
April _2006.
KERB COInvTY, TEXAS
ATTEST:
o Clerk, Kerr ounty
B~~, ,~,.
eputy Chery A. Thompson
Patrick A.
day of
ige
UO~~~g$ liirc:, POG
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APPROVED by the Board of Directors of the Upper Guadalupe River Authority this
of .2006.
ATTEST:
Secretary, Board of Directors
UPPER GUADALUPE RIVER AUTHORITY
BY:
Ronnie Pace, President
Board of Directors
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day