ORDER NO. 28675
TEXAS COMMUNITY DEVELOPMENT PROGRAM AND
TEXAS COLONIA CONSTRUCTION FUND AWARD
Came to be heard this the 14th day of June 2004 with a motion made by Commissioner
Williams, Seconded by Commissioner Baldwin, the Court unanimously approved by a
vote of 4-0-0, the revisions to the Intergovernmental Agreement relating to Texas
Community Development Program and Texas Colonia Construction Fund Award
between County and the Upper Guadalupe River Authority and authorize the County
Judges signature after the approval of the County Attorney.
~~~
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: June 14, 2004
OFFICE: Commissioner, Pct. 2
TIME PREFERRED: 10:30 a.m.
SUBJECT: (Please be specific). Consider, discuss and take appropriate action on
revisions to the Intergovernmental Agreement relating to Texas Community
Development Program and Texas Colonia Construction Fund Awards between Kerr
County and the Upper Guadalupe River Authority.
EXECUTIVE SESSION REQUESTED:
NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams, Greg Etter,
General Manager, UGRA.
ESTIMATED LENGTH OF PRESENTATION: 10 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.
AEenda Item Backup Information
On February 24, 2003, Commissioners Court Order #27991 approved the
Intergovernmental Agreement for Texas Community Development Program contract
Number 722411 between Kerr County and the Upper Guadalupe River Authority. It was
signed by the County Judge, and forwarded to UGRA for its approval and signature.
Subsequent events at UGRA caused a delay in the agreement being approved and
signed.
Since that time, additional contracts (funding) for Phases II and III have been
forthcoming, but not acknowledged in the interlocal agreement.
UGRA General Manager Greg Etter and I have discussed the fact that the
subsequent funding and contracts for continuation of the project need to be incorporated
into this agreement.
Therefore, a revised draft of the interlocal has been prepared by UGRA that cures
the deficiencies, and is before the Court for action. I have not forwarded this revised
agreement to the County Attorney for review, but will do so.
Inasmuch as the substance of the agreement is the same, I would request the Court
approve the revised interlocal subject to final review by the County Attorney.
ORDER N0. 27991 '~
APPROVE INTERGOVERNMENTAL AGREEMENT
BETWEEN KERR COUNTY AND U.G. R. A.
On this the 24th day of February, ^cG@3, upon motion made by
Commissioner Williams, seconded by Commissioner Baldwin, the
Co~_~rt approved by a vote of 3-1-0, with Commissioner Nicholson
opposing the motion, the Intergovernmental Agreement for Texas
Comm~_inity Development Program, Texas Colonia Construction Fund
awards relative to Contract Number 722411, and authorise the
County .fudge to sign same.
STATE OF TEXAS §
COUNTY OF KERR §
INTERGOVERNMENTAL AGREEMENT
RELATING TO TEXAS COMMUNITY DEVELOPMENT PROGRAM AND
TEXAS COLONIA CONSTRUCTION FUND AWARDS
This Interlocal Agreement Relating To Texas Community Development Program and Texas
Colonia Construction Fund Awards (the "Agreement") is entered into pursuant to the terms of Chapter 791
of the Texas Government Code, by and between Kerr County, Texas, hereinafter called "County," through
the Kerr County Commissioners' Court, and the Upper Guadalupe River Authority, hereinafter called
"UGRA," for the purpose of designating the respective responsibilities of the parties relating to the
financing, construction and conveyance of wastewater infrastructure improvements in Kerr County funded
in part by grants awarded under the Texas Community Development Program and Texas Colonia
Construction Fund.
Recitals
WHEREAS, County has applied for and has received, or will receive, one or more grants 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) to
construct certain wastewater infrastructure improvements in portions of Kerr County, said wastewater
improvement projects being more particularly described on Exhibit "A" attached hereto (hereinafter, the
"Grant Projects"); and
WHEREAS, to promote the public health and welfare, County finds it in the best interest of its
residents, absentee property owners, visitors and guests, to accept such grant awards and to implement the
Grant Projects; and
WHEREAS, County finds that effective implementation of such Grant Projects will allow the
replacement of aging or failing septic systems which, among other environmental benefits, ultimately will
protect the County's surface and public drinking water supplies;
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 Kerr County; and
WHEREAS, County has previously selected a Project Administrative Consultant, that being
GrantWorks, that has an established program and staff to administer the Grant Projects on behalf of the
County; and
WHEREAS, County has also previously selected a Project Engineering Consultant, that being
Tetratech Engineering, Ina (hereinafter called "Tetratech"), that has an established expertise and staff to
serve as the consulting engineer with respect to the Grant Projects on behalf of the County; and
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WHEREAS,UGRA has expressed a willingness to supervise the construction of the wastewater
improvements in consultation with County, GrantWorks, and Tetratech, and has the program and staffto 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 to providing cash matching funds
for the Grant Projects and will provide cash matching funds from current revenues for the individual
projects in accordance with Exhibit "B"; and
WHEREAS, County and UGRA mutually desire to enter into this Agreement pursuant to Texas
Government Code Chapter 791, for the purpose of establishing the funding, oversight, and eventual
ownership of wastewater improvements constructed pursuant to the Grant Projects;
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. TERM OF AGREEMENT: This Agreement shall commence on the date it is last signed as
indicated below and shall remain in full force for a term coterminous with the Grant Projects, including any
contract end-date extensions. To the extent that this Agreement must be renewed annually pursuant to
Section 791.011 of the Goverrunent Code, the parties agree to consider such renewal(s) promptly and in
good faith.
2. CONTRIBUTION OF MATCHING FUNDS: UGRA shall contribute cash matching funds for the
individual Grant Projects out of current revenues in accordance with, and not to exceed, the amounts set
forth in Exhibit "B". Payment shall be made by UGRA to County based on construction contract invoices
in accordance with Section 6 below.
3. KERR COUNTY FUNDING: County shall periodically pay funds to the construction contractor(s)
and other Grant Projects contractors and vendors with whom County contracts for services or materials in
accordance with the terms of the contracts entered into by County and such persons. UGRA shall have no
obligation to provide payment under any contract to which it is not a party, but shall be obligated to provide
payment to County in accordance with this Agreement.
4. AWARD OF BIDS: County shall cause GrantWorks to prepare a bid package, including plans and
specifications, for each of the Grant Projects. County shall cause Tetratech to review and approve the bid
package as prepazed by GrantWorks. County shall advertise, receive, and awazd all bids and contracts for
the construction of improvements under the Grant Projects pursuant to Chapter 262 of the Texas Local
Government Code, and other applicable laws. County shall timely forward all bids to Tetratech and
UGRA, who shall jointly evaluate the bids and make non-binding recommendations to County prior to
award of the construction contract(s) by County.
5. RELATIONSHIP OF PARTIES:
5.1 County shall be solely responsible for contracting with ORCA for TCDP grant funds and
Colonia Fund grant funds for the Grant Projects.
5.2 County shall be solely responsible for contracting with GrantWorks for assistance and
services concerning grant issues, bid packet creation and review, bid evaluation and
review, administrative services and oversight of the Grant Projects.
5.3 County shall be solely responsible for contracting with Tetratech or other engineering
firms, as selected by the County in its sole discretion, to provide professional engineering
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services related to the Grant Projects. The services to be performed by the engineering
firm(s) shall include the preparation of plans and specifications, advertisement for bids,
conducting preconstruction meetings, construction contract administration, construction
inspection, invoice review, recommendations for payment to County, and all other
engineering, administration, and inspection services associated with a municipal
wastewater construction project, as more particularly set forth in the contract(s) entered
into by County and the engineering firm(s).
5.4 UGRA shall be responsible for general supervision of construction of improvements
under the Grant Projects, and for making recommendations to the County relating to the
Grant Projects. In fulfilling these duties, UGRA or its designated representative 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 the Grant Projects, and it shall recommend to County the
awarding of contracts with contractors and payment of appropriate invoices for services
related to the Grant Projects. County acknowledges that UGRA will not be a party to any
contract with the construction contractors or Tetratech and cannot enforce performance
under such contracts, and UGRA shall not provide any engineering services or
construction inspection or contract administration services related to the Grant Projects
(said services to be performed by Tetratech or other engineering consultants retained by
the County). Accordingly, UGRA's responsibility is limited to making recommendations
to the County only.
6. PAYMENT OF CONSTRUCTION INVOICES: County shall require in its construction contracts
that all invoices for professional service providers, professional consultants and construction service
providers related to the Grant Projects be furnished by the professional service providers, professional
consultants and construction service providers or their agents directly to County, and that copies of the
invoices be provided to GrantWorks and UGRA. UGRA shall review each invoice it receives and shall
make known to the County any validity issues arising from the UGRA's inspection of an invoice 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 payment of its portion of matching funds
to County within five (5) business days of notice of payment by County to the UGRA. UGRA's payment
contribution to each invoice shall be calculated according to the methodology set forth on Exhibit "C". 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 Grant Projects in whatever ways County chooses. In that context, the
financial records of UGRA related to the Grant Projects, are to be open to inspection to County during
reasonable business hours and upon reasonable notice by County.
7. DISPOSITION OF IMPROVEMENTS: Upon the completion of construction and final
administrative closure of each Grant Project, or sooner, if agreed upon by County and UGRA, ownership of
all infrastructure improvements constructed through such Grant Project shall be transferred from County to
the UGRA, and UGRA shall thereafter assume all responsibilities of ownership, including operations and
maintenance. Conveyance of ownership of improvements shall be accomplished by a bill of sale and
assignment in a form agreed upon by the parties. All plans, specifications, warranties, or construction
documents of any kind shall be transferred and assigned to UGRA at such time. To the extent authorized
under the construction contracts entered into by County and each contractor, UGRA may accept the project
improvements for operation prior to final completion, upon prior agreement of UGRA and County. The
parties agree that individual wastewater service lines may be constructed as part of the Grant Projects, but
that each customer shall own and be responsible for such service line upon completion of construction.
County agrees that after conveyance to UGRA of ownership of the improvements upon completion of
construction, UGRA may thereafter convey ownership to third persons as UGRA determines appropriate in
the exercise of its sole discretion.
8. TERMINATION: Either party may terminate this agreement upon sixty (60) days written notice to
the other party with respect to any Grant Projects that have not yet been undertaken, and such termination
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shall release each party from any further responsibility under this Agreement with respect to such Grant
Project(s). This Agreement may not be terminated with respect to any Grant Projects after the County has
entered into a construction contract therefor.
9. SERVICES PROVIDED BY UGRA:
9.1 UGRA shall provide retail wastewater service to customers served by the facilities
constructed under the Grant Projects by entering into a contract with the City of
Kerrville, or otherwise.
9.2 County authorizes UGRA in consultation with Tetratech to mediate and resolve on behalf
of County design and/or construction issues; provided, however, that any such resolution
shall not increase the costs to County without prior approval of County.
9.3 UGRA shall have no responsibility for the administration or distribution of any grant
funds, record keeping, preparation of a final audit, the solicitation or connection of new
wastewater service customers, project engineering services, contract administration
services, or any other services not specifically set forth under this Agreement. The
parties recognize and agree that County, in its role as grant applicant, shall be ultimately
responsible for the proper expenditure and accounting of grant funds, and County retains
the power to review and approve all grant expenditures, billing and accounting practices
for the Grant Projects in whatever ways County chooses. UGRA shall have no
responsibility for the procurement or acquisition of rights-of--way or easements for the
Grant Project improvements. County, through GrantWorks or others selected by County,
shall secure all required easements and/or rights-of--way necessary for UGRA to own and
operate the improvements. County and UGRA shall mutually agree upon the form of
easement instrument(s) to be acquired by County, and all such easements shall be
assignable and assigned to UGRA on or prior to transfer of ownership of the
improvements.
10. EXPANSION OR EXTENSION OF THE PROJECT:
10.1 Upon acquisition of the improvements, UGRA shall have the sole and exclusive right, at
its sole discretion and expense, to tap into, extend and/or expand upon the improvements
to provide wastewater services to additional customers or geographic areas.
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 After the Grant Project improvements have been transferred to the UGRA, the UGRA
shall have the sole responsibility for ownership, operation and maintenance of the
improvements.
11.2 Individual members of the Ken County Commissioners Court, their agents and
employees may refer all technical questions regarding the construction of the projects to
the UGRA or Tetratech.
12. INDEPENDENT CONTRACTOR:
12.1 The parties agree that UGRA is acting as an independent contractor in the performance of
its duties under this Agreement. County shall look to the UGRA for results only and
shall not have the right or responsibility at any time to dtrect 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 so as to
the manner, means or methodology in which the services are performed. Neither this
paragraph nor any other provision of this Agreement shall be construed to limit County's
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rights or duties under the individual contracts that it enters into for construction or
services related to the Grant Projects.
13. GENERAL CONDITIONS:
13.1 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.
13.2 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.
13.3 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.
13.4 Either party may assign its rights under this Agreement upon prior written notice to the
other party.
13.5 This Agreement is executed in duplicate originals with one original to be retained by each
party.
13.6 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)
Ken County Judge
Kerr County Courthouse
700 Main Street
Kerrville, Texas 78028
UGRA: Greg Etter (or his successor)
General Manager
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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14. APPROVAL:
APPROVED AND ORDERED by the Commissioners' Court of Kerr County, Texas, this ~~ day of
July, 2004.
KERB COUNTY, TEXAS
__ -.._..,.,c.. __..__~ ,
>~y:__T`_~~ ~
Patrick Ate. 1 y, Derr County Judge
ATTEST: j
unty Clerk, Kerr County
By:
APPROVED AND ORDERED by the Board of Directors of the Upper Guadalupe River Authority this
day of July, 2004.
UPPER GUADALUPE RIVE UTHORITY
BY:
Janet Robi on, President
Board of Directors
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Intergovernmental Agreement
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EXHIBIT "A"
DESCRH'TION OF GRANT PROJECTS
T'he Grant Projects shall consist of those wastewater system facilities, improvements, equipment, and
appurtenances more particularly described in the following ORCA grant applications:
Application No. 722411 (Phase II Improvements)
Application No. 723095 (Phase III Improvements)
Application No. 724441 (Phase IV Improvements)
20040517A-A
Exhibit "A" to Intergovernmental Agreement
Page 1 of 1
EXHIBIT "B"
UGRA MATCHING FUNDS CONTRIBUTION LIMIT FOR EACH GRANT PROJECT
Project Pbase	UGRA Contribution
Limit	Use of UGRA Funds
Phase II	$ 12,500	Wastewater infrastructure improvements
Phase III	$ 70,000	Engineerin and Architectural
Phase IV	$ 12,500	Wastewater infrastructure improvements
20040517A-B
Exhibit "B" to Intergovernmental Agreement
Page 1 of t
EXHIBIT "C"
PAYMENT METHODOLOGY FOR CONSTRUCTION INVOICES
For construction invoices:
1. Construction contractor submits invoices/progress reports to project engineer.
2. Project engineer reviews and approves invoices and forwards to grant administrator and
UGRA.
3. UGRA reviews invoices and notifies project engineer, grant administrator, and Kerr County
judge regarding any concerns or issues.
4. Grant administrator processes a grant funds draw request for payment, and submits same to
Kerr County judge for signature.
5. Grant administrator receives executed grant funds draw request from the County Judge,
submits copies of same to ORCA and UGRA, and requests payment of grant funds and
matching funds from ORCA and UGRA, respectively, in accordance with and for the
purposes set forth in Exhibit "B".
6. ORCA and UGRA review funds requests and submit payment to County for disbursement to
the contractor.
For engineering invoices:
1. Project engineer submits invoices/progress reports to grant administrator and UGRA.
2. UGRA reviews invoices and notifies project engineer, grant administrator, and Kerr County
judge regarding any concerns or issues.
3. Grant administrator processes a grant funds draw request for payment, and submits same to
Ken: County judge for signature.
4. Grant administrate- receives executed grant funds draw request from the County Judge,
submits copies of same to ORCA and UGRA, and requests payment of grant funds and
matching funds from ORCA and UGRA, respectively, in accordance with and for the
purposes set forth in Exhibit "B".
5. ORCA and UGRA review funds requests and submit payment to County for disbursement to
the engineer.
20040517A-C
Exhibit "C" to Intergovermnental Agreement
Page 1 of 1