INTERGOVERNMENTAL AGREEMENT
RELATING TO THE PREPARATION OF A REGIONAL WASTEWATER FACILITY
PLAN FOR THE CENTER POINT AREA WI'T'HIN KERB COUNTY, TEXAS
STATE OF TEXAS §
COUNTY OF KERB §
This Interlocal Agreement Relating To The Preparation of a Regional Wastewater
Facility Plan for the Cerner Poirn Area within Kerr Couny, Texas (the "Agreement") is entered
into pursuant to the terms of Chapter 791 of the Texas Govemmern Code (the "Interlocal
Cooperation Act's, by and between Kerr County, Texas, hereinafter called "Couny," 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 Poirn area of Kerr
County, Texas.
Recitals
WHEREAS, Couny has applied for and has rceeived a planning gram (the "Planning
Grant's 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 "Cerner
Poirn"; and
WHEREAS, the effective implemernation of regional wastewater facilities for Center
Poirn would allow the replacement of aging or failing septic systems which, among other
enviromnental benefits, ultimately will protect surface and public drinking water supplies within
Kerr County;
WHEREAS, UGRA's temtorial jurisdiction is the same as Kerr County and UGRA is
charged to, among other matters, protect, preserve and mairnain 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 wrnrads to study the feasibility of the performance of a
governmental function or service, including waste disposal; and
WHEREAS, pursuant to and in accordance with the authority set fordr in Chapter 791 of
the Goveroment 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 Poirn; and
WHEREAS, the public health, safety and welfare of the citizens of Couny would be
best served by both parties entering irno this Irnergovernmental Cooperation Agreement pursuant
to the authority granted by Chapter 791 of the Texas Government Code.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereafter set forth, the receipt and sufficiency of which is hereby acknowledged, Couny and
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UGRA hereby agree as follows:
Agreement
I. TWDB CONTRACT FOR PLANNING GRANT: County agrees that it shall erner into
that certain contract with TWDB in the form attached hereto as Exhibit "A" (the "I'WDB
Contrad'~ pursuarn to which County, as the "Cornractor," 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 consultarns shall prepare the Regional Facility
Plan in accordance with the swpe of work as described and approved by the TWDB and made
part of dre agreement with Kerr Courny. County acknowledges and agrees that UGRA shall not
be a party to the cornract(s) with such engineering consultant(s), and shall have no responsibility
for the performance of services by any such consultants.
3. CONTRIBUTION OF MATCffiNG 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 Pluming Grarn, but in no evern shall UGRA be required to provide
payment in an amourn 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 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 consultarn(s).
UGRA shall be responsible for payment of 50% of the original invoiced amou less
relainage (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. Similarly, UGRA agrees that it shall have no responsibility for paymern to
the engineering consultarn(s) retained by the County for preparation of the Regional
Wastewater Facility Plan, but shall be obligated to provide payment to Courny 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 documernation prepared
under the TWDB Contract or related to the Regional Facility Plan, no later than the date such
materials are funrished to T WDB.
5. TERMINATION: Both parties shall be bound by the termination provisions as expressed
in the contract betwcen 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
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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 agrcemears 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 Agreemear upon prior written notice to
the other party.
e. This Agrcement is executed in duplicate originals with one original to be retained by
each party.
f. 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 artier
appropriate method creating a record of the date of delivery.
Z APPROVAL:
APPROV$D by the Commissioners' Court of Kerr County, Texas, this
2006.
KERB Coin, TEXAS
Patrick
ATTEST:
Clerk, Kerr ounty
B. ,
eputy Cheryl A. Thompson
24th day of
Judge~~
~~\`i~ww~, ~u BOG,
e,`' A
Af
~~ f Xtf
APPR VED, y the Board of Diredors of the Upper Guadalupe River Authority this ~ l.P `day
of , ~' 1 , 2006.
UPPER GUADALUPE RIVER AuTgORTTY
r~~
Ronne a , Presrdent
Board of Directors
ATTEST:
Secr ,Board of irectors
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