Order No. 28504
Contract with Region J
Came to be heard this the 26th day of January 2004 with a motion made by
Commissioner Williams, Seconded by Commissioner Baldwin, the Court
unanimously approved by a vote of 3-1-0 the county sponsored contract
between Kerr County and Region J.

COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISFI ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE B onathan Letz OFFICE: Commissioners Court
MEETING DATE: January 26, 2004 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss approval of county sponsored contract between Kerr County and Region J and
authorize the County Judge to sign same.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Comm. Pct. #3
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 will be
appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
REGION J WATER PLANNING GROUP CONTRACT
STATE OF TEXAS §
COUNTY OF KERB §
WHEREAS, Kerr County, Texas, (hereinafter referred to as "County"),apolitical
subdivision of the State of Texas, has determined that the expenditures of County funds
proposed herein serves public purposes and has further determined that the State of
Texas, by its Constitution or by its state statutes, either explicitly or implicitly, has
conferred upon County the authority, the power, and the jurisdiction to accomplish the
uses for said funds as proposed below. Having found the above elements fully satisfied,
County has determined that it may contract with the Plateau Water Planning Group,
commonly known as the Region J Water Planning Group, hereinafter referred to as
"PWPG Region J," so that PWPG Region J may use said public funds for the purposes
contemplated herein, but only if the expenditure is to accomplish "county business"
(which encompasses matters of general concern to County residents) and only if County
assures itself that the funds to be transferred by this contract are subject to adequate
contractual or other controls to ensure that expenditure of said County funds for the
public purposes stated herein will be accomplished and so long as County receives
adequate consideration for the County funds to be provided by this contract; and
WHEREAS, Senate Bill 1, which was passed into law by the 75~' Legislature of
the State of Texas, directed the Texas Water Development Board, hereinafter referred to
as "TWDB," to delineate regional planning areas across the state and to appoint regional
water planning groups for the purpose of developing and/or revising a regional water plan
for each region; and
WHEREAS, Chapter 16 of the Texas Water Code authorized creation of regional
water planning groups and pursuant to said authority, the PWPG Region J was created;
and
WHEREAS, the Upper Guadalupe River Authority, hereinafter referred to as
"UGRA," a river authority established under the laws of the State of Texas, has been
chosen to serve as the political subdivision for PWPG Region J; and
WHEREAS, Chapter 16 of the Texas Water Code permits a county to contract
with a regional water group to assist that group in developing or revising a regional water
plan; and
WHEREAS, the TWDB has developed rules for financing regional water plans
under which the TWDB will provide funding for 100 percent of the approved planning
costs by means of a grant and the regional planning groups will provide funding for
administrative costs or non-reimbursed planning costs; and
WHEREAS, County wishes to assist PWPG Region J and UGRA, acting on
behalf of PWPG Region J in its efforts and further, UGRA acting on behalf of PWPG
Region J desires to receive funds from County for its use in the administrative costs
associated with developing and revising its regional water plan.
IT IS THEREFORE AGREED THAT:
Consideration. In consideration for the services described below to the residents
of County, PWPG Region J, through its political subdivision, UGRA, shall be
entitled to a lump sum not to exceed $5,000.00. Such amount shall be disbursed
by County to PWPG Region J on or after January 1, 2004, upon written request
from PWPG Region J.
2. Insurance. PWPG Region J is a subdivision of the State of Texas and will obtain
and maintain insurance only as required by State law.
3. Services. PWPG Region J will endeavor to timely develop, revise, and submit to
appropriate entities, its regional water plan, keeping the current, future and
emergency needs of County and residents of County in mind.
4. Financial and performance reports. PWPG Region J shall submit to the Kerr
County Auditor and the Kerr County Judge each a copy of PWPG Region J's
independent financial audit or end-of--year financial report of all expenditures and
income, by the earlier of thirty (30) days following its receipt by PWPG Region J
or by February 16, 2004. PWPG Region J shall provide to the Kerr County
Auditor and the Kerr County Judge each a each a scope of work report that gives
details of its efforts in developing the regional water plan, by February 16, 2004.
Term. The term of this contract is one year beginning on October 1, 2003, and
ending on September 30, 2004, unless earlier terminated by either party on thirty
(30) days written notice. The date of the commencement of the term of said
contract may be modified by agreement of the parties. This contract is effective
upon approval by Order of the Kerr County Commissioners' Court.
6. Use of funds. No moneys paid to PWPG Region J shall be expended for any
purpose other than for administrative costs related to the aforementioned services
to County and citizens of County.
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7. Books and records. All books and records of PWPG Region J shall be open for
inspection during normal business hours to any member of the public, County
Auditor, and such persons as may be given that authority, in writing, by County
Commissioners' Court, provided, however, that this clause shall in no way be
construed to override the provisions of the Federal Privacy Act or other state of
federal law or regulation concerning the disclosure of confidential or privacy
matters.
8. Non-exclusion. This contract is not exclusive and County reserves the right to
contract with additional parties for the provision of the aforementioned services to
residents of County.
9. Non-discrimination. PWPG Region J agrees to operate under a policy of non-
discrimination with regard to the provision of said services. Such policy shall
prohibit discrimination by PWPG Region J's employees or principals on the basis
of race, sex, age, religion, color, handicap, disability, national origin, language,
political affiliation, political belief, or other non-merit factor. Any act of
discrimination shall constitute a material breach of this contract.
10. Sexual harassment prohibited. PWPG Region J agrees to adopt and maintain a
policy that prohibits sexual harassment. Any act of sexual harassment by PWPG
Region J's employees or principals constitutes a material breach of this contract.
1 1. Applicable laws. PWPG Region J agrees to comply with any and all applicable
laws, local, state, and federal, regarding work hours, safety, wages, social security
benefits, discrimination, and/or workers compensation. This clause places a duty
to meet the requirements of such laws only if the law itself places such a duty on
PWPG Region J. Any act in violation of any of those laws or ordinances shall
constitute a material breach of this contract.
12. Default.
a. In the event either party shall fail to keep, observe, or perform any
covenant, agreement, term, or provision of this contract to be kept,
observed, or performed by such party, respectively, and such default shall
continue for a period of ten (10) days after notice thereof by the non-
defaulting party to the other, the non-defaulting party shall be entitled to
terminate this contract.
b. No delay on the part of either party in exercising any right, power, or
privilege shall operate as a waiver thereof, nor shall any single or partial
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exercise of any right, power, or privilege constitute such a waiver nor
exhaust the same, which shall be continuing. No notice to or demand on
either party in any case shall entitle such party to any other or further notice
or demand in similar or other circumstances, or constitute a waiver of the
rights of either party to any other or further action in any circumstances
without notice or demand.
Successors and assigns. This contract shall inure to the benefit of, and be
binding upon, the parties hereto and their respective heirs, legal
representatives, successors, and assigns, provided that PWPG Region J
may not assign this contract without County's prior written consent.
13. Governing law. This contract shall be governed by and construed and interpreted
in accordance with the laws of the State of Texas. This contract shall be
enforceable in Kerr County, Texas and venue shall also lie in Kerr County, Texas.
14. Notices. Any notice or communication hereunder must be in writing, and may be
given by registered or certified mail; if given by registered or certified mail, same
shall be deemed to have been given and received when a registered or certified
letter containing such notice, properly addressed, with postage prepaid, is
deposited in the United States mail; and if given otherwise than by registered
mail, it shall be deemed to have been given when delivered to and received by the
party to whom it is addressed. Such notices or communications shall be given to
the parties hereto at the addresses set forth below. Any party hereto may at any
time by giving ten (10) days written notice to the other party hereto designate any
other address in substitution of the foregoing address to which such notice or
communication shall be given.
15. Severability. If any term, covenant, or condition of this contract or the application
thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this contract or the application of such term,
covenant, or condition to persons or circumstances other than those as to which it
is invalid or unenforceable, shall not be affected thereby, and each term, covenant,
or condition of this contract shall be valid and shall be enforced to the fullest
extent permitted by law.
16. Relationship. The parties hereby agree that this is a contract for administration of
the plan described herein and hereby renounce the existence of any other
relationship. In no event shall County have any obligation or liability whatsoever
with respect to any debts, obligations, or liabilities of PWPG Region J, and
PWPG Region J shall have no authority to bind County to any contract, matter, or
obligation. No duties of County are delegated to PWPG Region J by this contract
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and any provision which is or may be held to be such a delegation shall be of no
force or effect.
17. Modification and termination. This contract may be amended, modified,
terminated, or released only by written instrument executed by County and PWPG
Region J, except as herein otherwise provided.
18. Total agreement. This contract is a total and complete integration of any and all
undertakings existing between the parties hereto and supersedes any prior oral or
written agreements, promises, or representations between them. The headings of
the various paragraphs of this contract are for convenience only, and shall not
define, interpret, affect or prescribe the meaning and interpretation of the
provisions of this contract.
KERB COUNTY
__~
By;
~___ . ----P-~ LEY
Kerr County Judge
Date: ~ ~ Z~
PLATEAU WATER PLANNING GROUP,
REGION J
.N LETZ
PWPG Region J
Date: v /~ 2 b/ d `~
NOTICES
COUNTY: PWPG REGION J:
Pat Tinley Jonathan Letz, Chairman,
Kerr County Courthouse Plateau Water Planning Group, Region J
700 Main Street 700 Main Street
Kerrville, Texas 78028 Kerrville, Texas 78028
CLERK'S CERTIFICATION
I, Jannett Pieper, County Clerk of Kerr County, Texas, certify that the above
contract was accepted, approved and agreed to by the Commissioners' Court of Kerr
County, Texas on January 2 6 , , 2003, in Order No.2 8 5 0 4 ,recorded and
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filed~i~~~xxxxx~~xxxxx of the Minutes of the Commissioners' Court of
Kerr County, Texas.
~,
©M~1S3~~ By : !~~C'`JC.~L~~ Sl : t ~PutY
~ ~ Jannett Pieper
~ ~ ~ County Clerk
~ Kerr County, Texas
~~ ~~~ Date: 1/26/2004
Cs~~.~ ~~P,~s
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