BCRUA_R-22-08-24-6D RESOLUTION NO. R-22-08-24-6D
WHEREAS, on March 11, 2020, the World Health Organization. declared COVID-19 a
worldwide pandemic;and
WHEREAS, on March 11, 2021, President Joseph Biden signed the American Rescue Plan
Act ("ARPA") to provide support to the State and local governments to respond to the financial
impacts of COVID-19 pandemic; and
WHEREAS, the State and Local Fiscal Recovery Funds ("SLRF FUNDS") authorized the
ARPA (C.F.D.A #21.027) are to be used to mitigate the ongoing effects of COVID-19 and support
the nation's pandemic recovery;and
WHEREAS, Williamson County ("County") has received SLRF FUNDS to respond to the
continuous impact of COVID-19 as outlined in the Final Rule promulgated by the Department of
Treasury ("Treasury"); and
WHEREAS, the County has chosen Brushy Creek Regional Utility Authority ("BCRUA") as
a subrecipient of SLRF funds to be used in accordance with the Treasury's Final Rule; and
WHEREAS, the County and BCRUA have determined that the BCRUA Underwater Pipeline
Replacement Project ("Project") qualifies as an eligible use as defined in the Treasury's Final Rule;
and
WHEREAS, the BCRUA desires to enter into a Subrecipient Agreement with the County for
the Project as described herein, Now Therefore
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BRUSHY CREEK
REGIONAL UTILITY AUTHORITY:
That the Board President is hereby authorized and directed to execute on behalf of the BCRUA
Subrecipient Agreement between Williamson County and Brushy Creek Regional Utility Authority for
the Underwater Pipeline Replacement Protect, a copy of same being attached hereto as Exhibit "A"
and incorporated herein for all purposes.
03364634•A 4893-51684911
The Board of Directors hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 24th day of August, 2022.
ANNE DUPPY, Presi t
Brushy Creek Regiona itility Authority
ATTEST:
INIL-JE. ROMPS N, Secretary
SUBRECIPIENT AGREEMENT BETWEEN
WILLIAMSON COUNTY
AND
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
FOR THE UNDERWATER PIPELINE REPLACEMENT PROJECT
WITH FUNDING FROM:
THE AMERICAN RESCUE PLAN ACT(ABPA)(C.F.D.A.21.027)
This Subrecipient Agreement("Agreement")is between Williamson County(the "COUNTY"),a
political subdivision of the State of Texas, and Brushy Creek Regional Utility Authority
("SUBRECIPIENT"), (collectively, the "Parties"), and shall be effective on
, 2022 ("Effective Date"). The Parties have reviewed this Agreement and
agree to the following:
WHEREAS,on March 11,2020,the World Health Organization declared COVID-19 a worldwide
pandemic;and
WHEREAS, on March 11, 2021, President Joseph Biden signed the American Rescue Plan Act
("ARPA") to provide support to the State and local governments to respond to the financial impacts of
COVID-19 pandemic; and
WHEREAS,the State and Local Fiscal Recovery Funds("SLRF FUNDS")authorized the ARPA
(C.F.D.A #21.027) are to be used to mitigate the ongoing effects of COVID-19 and support the nation's
pandemic recovery; and
WHEREAS, the COUNTY has received SLRF FUNDS to respond to the continuous impact of
COVID-19 as outlined in the Final Rule promulgated by the Department of Treasury("Treasury");and
WHEREAS,Treasury has issued guidance for the use of SLRF FUNDS (31 CFR Part 35 and may
be found at: Iltt s://www. ovinfo. ov/content k FR-2022-01�27,' df!2022-00292. df)and will continue
to issue guidance and clarification on the appropriate use of these funds; and
WHEREAS, the COUNTY and SUBRECIPIENT find that SL.RF FUNDS distributed in
accordance with this Agreement shall meet the eligible uses outlined in the Treasury's Final Rule, and
additional guidance; and
WHEREAS. the COUNTY and SUBRECIPIENT find that the program(s) or project(s) and
related expenditures outlined in this Agreement is/are eligible undercurrent SLRF FUNDS guidance and
rules promulgated by the U.S. Treasury and Find that the program(s) or project(s) outlined herein will
mitigate the ongoinV effects of COVID-19 and support pandemic recovery in Williamson County.
EXHIBIT "A"
THEREFORE, the Parties agree as follows:
I.
GENERAL OVERVIEW
AND
WATER PROJECT DEFINITIONS
The COUNTY has in good faith determined that this Agreement serves a public purpose. This public
purpose includes, but is not limited to,the Subrecipient's efforts to meet the additional needs and services
of the community, specifically providing critical support or public interest benefits to local residents as
follows:
This Project will significantly improve reliability of the water supply to the cities of Cedar Park, Leander
and Round Rock.
Additional Scope of Services is set forth in Appendix A, which is attached hereto and incorporated as if
copied in full.
Definitions for water and sewer Expenditure Categories must follow the EPA's handbooks. For"clean
water' expenditure category definitions, please see:
littps:Hwww.e?)a.gov/sites/production/files/2018-03/documents/ewdelinitiot,s.?df.
For `drinking water" expenditure category definitions, please see:
htt s://\vww.e)a. ,,ov/dwsrF/drinkin -water-state-revoIvill -fund-national-inlot•mation-mans ement-
system-reports.
The Program or Project Budget is set forth in Appendix B. which is attached hereto and incorporated
as ifcopied in full.
II.
PAYMENT
The COUNTY shall make available an amount of up to $5,000,000.00 (FIVE MILLION AND NO/100
DOLLARS) to SUBRECIPIENT from the COUNTY'S SLRF FUNDS to reimburse SUBRECIPIENT for
expenses related to eligible uses of SLRF FUNDS as Outlined in the Treasury's Final Rule, reflected in Appendix
13,and in accordance Nvitb the terms and conditions outlined below:
Williamson County approves and pays reimbursement requests within thirty (30) days of receipt of a
complete request. Errors in the reimbursement request, including ins►ifficient documentation, may result
in payment delays. SUBRECIPIENT is responsible for submitting a complete and accurate
reimbursement request. Payment is considered made on the date postmarked.
Each reimbursement request Hurst contain the Collo"ing supporting documentation:
i. Signed Request for Reimbursement (RFR) form
ii. General Ledger(monthly, generated from SUBRECIPIENT's accounting system)
coinciding with RFR
iii. Timesheets and Payroll Reports (monthly, generated From SII BR ECIPIENT's payroll
system) if budget included personnel
iv. Invoices of all other expenditures
V. Proof'of payment of all expenditures
III.
TER M"TERMINATION
This Agreement shall become effective upon signature by both Parties and shall continue in full force and
effect until December 31, 2026 unless terminated earlier in accordance with this
Agreement. If at any time SUBRECIPIENT state contract is suspended orrevoked,orifSUBRECIPIENT
becomes excluded, debarred, or suspended from any federal program, this Agreement automatically
terminates effective on the date of the suspension, revocation, or exclusion, and SUBRECIPIENT must
submit a final, formal statement in the manner set out above and below requesting payment.
Tile County may immediately terminate this Agreement, without prioC notice, if SUBRECIPIENT fails to
perform any obligation found herein and the failure:
i. Creates a potential threat to health or safety: or
ii. Violated a law,ordinance, or regulation designed to protect health or safety.
Either party may terminate this Agreement without cause giving ninety (90) days written notice to the
other party. Upon receipt of notice to terminate, SL:BRECIPIENT shall discontinue all services in
connection with the performance of this Agreement and shall proceed to promptly cancel all existing
orders and contracts insofar as such orders to contracts are chargeable to this Agreement. Any and all
assets purchased under this Agreement shall transfer to the County for purposes outlined herein.
Within ninety (90) days atter receipt of a notice of termination, SUBRECIPIENT agrees to submit an
invoice showing, in detail, the services performed under this Agreement tip to and including the date of
termination.
Force Majeure:In the event that either Party is unable to perform its any of its obligation under the
Agreement or to enjoy any of the benefits because of natural disaster,global pandemic, actions or decrees
of governmental bodies or communication line failure not the fault of the affected party (referred to as a
"Force Majeure Event"),the party who has been so affected immediately agrees to give notice to the other
part and agrees to do everything possible to resume performance. Upon receipt of such notice, the
Agreement is immediately suspended. If the period of nonperformance exceeds ten (10) calendar days
from the receipt of notice of the Force Majeure Event, the Party whose ability to perform has not been
affected may terminate the Agreement immediately by giving written notice to the other Party.
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IV.
AMENDMENTS
This Contract may not be amended without a written agreement; however, SUBRECIPIENT may move
up to 10% of allocated funds within any budget category without written approval of the COUNTY,
except for Equipment or Indirect Cost budget line items, if the movement is consistent with the budget in
Appendix B. To move any amount over and above a cumulative total of 10% of allocated funds within
any budget category, SUBRECIPIENT must submit a written request to COUNTY and receive written
approval of same.
V.
STANDARDS FOR FINANCIAL, MANAGEMENT
In accordance with 2 CFR 200 — Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, SUBRECIPIENT will develop, implement and maintain financial
management and control systems,which include at a minimum accurate payroll, accounting and financial
reporting records, cost source documentation, effective internal and budgetary controls, and
determination of reasonableness,allowability and allocability of costs, and timely and appropriate audits
and resolution findings.
SUBRECIPIENT shall maintain an effective accounting system, which will:
i. Identify and record valid transactions
ii. Record transactions to the proper accounting period in which transactions occurred
iii. Describe transactions in sufficient detail to permit proper classification
iv. Maintain records that permit the tracing of funds to a level of detail that establishes that the
funds have been used in compliance with contract requirements
V. Adequately identify the source and application of funds of each grant contract
vi. Generate current and accurate financial reports in accordance with contract requirements
VI.
MONITORING
SUBRECIPIENT agrees that COUNTY will, until the expiration of the federal retention period as
referenced in 2 CFR 200.334, have access to and the right to examine at reasonable times any directly
pertinent books, papers, and records(hard copy, as well as computer generated data)of the sub-recipient
involving transactions related to this Agreement. This right to audit also extends to any obligations
assigned to any subcontracts or agreements formed between SUBRECIPIENT and any subcontractors to
the extent that those subcontracts or agreements relate to fulfillment of' SUBRECIPIENT's obligations to
COUNTY under this Agreement. The SUBRECIPIENT agrees that COUNTY•will have access during
normal working hours to all necessary facilities, staff, and workspace to conduct audits. The COUNTY
Will provide the SUBRECIPIENT with reasonable advance notice of' intended audits. ThQ
SUBRECIPIENT must provide records within ten (10) business days or a mutually agreed upon timeline.
SUBRECIPIENT may withhold any information that it is mandated to withhold to comply with state or
federal law.
4
VII.
ALLOWABLE COSTS
COUNTY payment to SkiBRECIPIEN'T does not preclude COUNTY from determining that certain costs
were ineligible for reimbursement. If the COUNTY determines that a cost the COUNTY has paid for is
ineligible for reimbursement, the SUBRECIPIEN"I'will refund the ineligible amount to the COUNTY.
COUNTY will determine whether costs submitted by SUBRECIPIENT are allowable and eligible for
reimbursement. If COUNTY has paid funds to SUBRECIPIENT for unallowable or ineligible costs,
COUNTY will notify SUBRECIPIENT in writing, and SUBRECIPIENT shall return the funds to
COUNTY within thirty (30)calendar days of the date of this written notice. COUNTY may withhold all
or part of any payments to SUBRECIPIENT to offset reimbursement for any unallowable or ineligible
expenditure that SUBRECIPIENT has not refunded to COUNTY, or if required financial report(s) are
not submitted by the due date(s).
VIII.
INDEPENDENT SINGLE OR PROGRAM SPECIFIC AUDIT
If SUBRECIPIENT, within SUBRECIPIENT'S fiscal year, expends a total amount of at least SEVEN
HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in federal.funds awarded, SUBRECIPIENT
shall have a single audit or program-specific audit in accordance with the 2 CFR 200. The $750,000
Federal threshold amount includes federal funds passed through by way of State and local agency awards.
IX.
EQUIPMENT
Any purchase of equipment must be consistent with the Uniform Guidance at 2 CFR Part 200 Subpart D.
Equipment acquired under this Agreement must be used for the originally authorized purpose.Consistent
with 2 CFR 200.313, any equipment acquired using federal funds shall vest in the non-Federal entity.
Procedures for managing equipment must meet the following requirements:
i. Property records must be maintained that include a description of the property, a serial number or
other identification number, the source of funding for the property, name of title holder,
acquisition date, cost of the property, percentage of Federal participation in the project costs for
the Federal award under which the property was acquired, the location, use and condition of the
property, and any ultimate disposition data including the date of disposal and sale price of the
property.
ii. A physical inventory of the property must be taken, and the results reconciled with the property
records at least once every two years.
iii. A control system must be developed to ensure adequate safeguards to prevent loss, damage, or
theft of the property. Any loss, damage,or theft must be investigated.
iv. Adequate maintenance procedures must be developed to keep the property in good condition.
V. If the non-I'ederal entity is authorized or required to sell the property, proper sales procedures
must be established to ensure the highest possible return.
Disposition. When original or replacement equipment acquired under this Agreement is no longer needed
or in use for the project or program outlined herein. SUl3RFCIPl NT must request disposition
5
instructions from the COUNTY.
X.
LEGAL COMPLIANCE, PERFORMANCE MEASUREMENT,
AND REQUIRED REPORTING
SUBRECIPII::N'I'shall comply Nvith all applicable federal, state and local laws and regulations governing
the expenditure of fund~ under this Agreement, including but not limited to additional requirements for
U.S. Department of The Treasury Coronavirus Local Fiscal Recovery Fund award terms and conditions
compliance related to the American Rescue Pian Act(ARPA) (C.F.D.A. 21.027). SUBRECIPIENT shall
submit to the Williamson County Auditor's office all necessary invoicing and appropriate documentation
evidencing expenditures and that said expenditures are Allowable Expenditures. Allowable Expenditures
are limited to those expenditures shown in Appendix B. Additional reports and documentation may be
required as requested by COUNTY in the approved format.
X1.
DEBARMENT AND SYSTEM FOR AWARD MANAGEMENT
SUBRECIPIFNT is not entitled to receive payment tinder this Agreement for services performed by any
personnel who have been excluded,debarred,or suspended under a federal program, unless given explicit
permission by the COUNTY. SUBRECIPIEN-I' agrees to maintain an active registration in the System
for Award Management (SAM.gov).
XII.
INDEPENDENT CONTRACTORS
It is understood that any relationship created by this Agreement between the Parties shall be that of
independent contractors. Under no circumstances shal I either Party be deemed an employee of the other
nor shall either Party act as an agent of the other Party. Any and all join! venture, joint enterprise, or
partnership status is hereby expressly denied, and the Parties expressly state that they have not formed
expressly or impliedly a joint venture,joint enterprise, or partnership.,
XIII,
SUBCONTRACTING AUTHORITY
SUBRECIPIENT may enter into contracts as necessary for the performance of the scope of services
outlined in this Agreement. SUBRF_CIPIENT agrees to act in good faith and shall comply with all
applicable purchasing laws in choosing subcontractors and executing any contracts pursuant to this
Agreement.
XIV.
DOCUMENTATION
SUBR1 CIPIE:NI' shall keep and maintain, for a period not less than lire (5) years after December 3l,
2026, any and all records relating to use of the SI.RF FUNDS described herein.
XV.
FORM 1295 COMPLIANCE
SUBRECIPIENT acknowledges and agrees that it has fully,accurately, and completely disclosed all
interested parties and has acknowledged the completeness ofthis disclosure by filing Form 1295
"Certificate of Interested Parties" with the Texas Ethics Commission ifrequired by Texas Government
Code Section 2252.908,as amended.
XVI.
NOTICE
Any notice required or permitted to be delivered hereunder shall be deemed to have been given when
personally delivered, or if mailed, seventy-two hours after deposit of the same ill the United States Mail,
postage prepaid, certified, or registered, return receipt requested, properly addressed to the Parties hereto
at the respective addresses set forth below, or at such other addresses as they shall specify by written
notice delivered to the following addresses:
County;
County Judge
710 Main Street, Suite 101
Georgetown, Texas 78628
and
County Auditor
710 Main Street, Suite 301
Georgetown, -Texas 78628
Subrecipient:
Brushy Creek Regional Utility Authority
221 East Main Street
Round Rock,Texas 78664
XVII.
SEVERABILITY
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 in this Agreement and this Agreement shall be construed as if such invalid,
illegal, or unenforceable provision had never been contained in it.
XVIII.
VENUI AND APPLICABLL LAW
Venue of this Agreement shall be Williamson CountV, Texas. and the laws of the State of Texas shall
govern all terms and conditions.
7
XIX.
ENTIRE AGREEMENT
This Agreement represents the entire understanding between the Parties and supersedes all prior
representations.
WITNESS that this Agreement shall be effective as of the date of the last party's execution
below.
WILLIAMSON COUNTY: SUBRECIPIENT:
Authorized Signature Authorized Signature
Printed Name Printed Name
Date- , 2022 Date: , 2022
g
APPENDIX A-- Scope of Services
A['['[-:NDIX B - Program or Project BUdget."Allowable Expenses
(incorporated herein as if copied in full)
c�
APPENDIX A--Scope of Services
This Underwater Pipeline Replacement project includes the construction of a parallel underwater
pipeline that conveys raw water from the BCRUA barge to the Water Treatment Plant. The
proposed pipeline will replace an approximately 1,500 feet portion of tile Phase IA, Contract 2
underwater 36-inch diameter ductile iron pipeline that failed in December 2020.
(incorporated herein as if copied in full)
1
APPENDIX I3-- Program or Project Budget/AIIowa ble Expenses
ConstrLIC6011 cost for Underwater Pipeline Replacement project is budgeted at-$5 million.
(incorporated herein as if copied in full)
2
DATE: August 19, 2022
SUBJECT: BCRUA Board Meeting—August 24, 2022
ITEM: 6D. Consider a resolution authorizing the President to execute a Subrecipient
Agreement between Williamson County and Brushy Creek Regional Utility
Authority, Inc.for the Underwater Pipeline Replacement Project.
PRESENTER: Karen Bondy, General Manager
BACKGROUND:
On May 24, 2022,Williamson County(County) approved an allocation of$5 million of American Rescue
Plan Act("ARPA")funds to BCRUA for the construction of the Underwater Pipeline Replacement Project.
This is the project currently under design for the replacement pipeline for about 1,500 feet of the 36-
inch diameter underwater pipeline that failed in December 2020. This pipeline delivers water from the
floating intake barge on Lake Travis to the water treatment plant.
The County provided BCRUA a Subrecipient Agreement (Agreement)that all entities receiving ARPA
funds must execute to receive the funds. The Agreement sets forth terms relating to payment,
termination, standards for financial management, monitoring,allowable costs, auditing, reporting, and
other legal matters.
Staff and the Operations Committee (OC) recommend the Board authorize the execution of the
Subrecipient Agreement with Williamson County.
ORIGINAL EXECUTED DOCUMENT
TO FOLLOW...
SUBRECIPI ENTAGREEMENT BETWEEN
WILLIAMSON COUNTY
AND
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
FOR THE UNDERWATER PIPELINE REPLACEMENT PROJECT
WITIE FUNDING FRoit: At-u. ;}.00)
THE AmERICAV RESCUE.PLAN ACT(ABPA)(Agr :H:A-2-1.027r
This Subrecipient Agreement("Agreement") is between Williamson County(the "COUNTY"),a
political subdivision cif' the State of 'texas, and Brushy Creek Regional Utility Authority
("SUBRECIPIENT"'), (collectively, the "Parties"). and shall be effective on
_September 20 T_ 2022 ("Effective Date").The Parties have reviewed this Agreement and
agree to the^following:
WHEREAS,on March 11,2020.the World I lealth Organisation declared COVID-19a worldwide
pandemic;and
WHEREAS, on March 11, 2021, President Joseph Biden signed the American Rescue Plan Act
("ARPA") to provide support to the State and local governments to respond to the financial impacts of
COVID-19 pandemic; and
WHEREAS,the State and Local Fiscal Recovery Funds("SLR1= FUNDS")authorized the ARPA
(C.F.D.A 421.027) are to be used to mitigate the ongoing effects of COVID-19 and support the nation's
pandemic recovery; and
WHEREAS. the COUNTY has received SLRF FUNDS to respond to the continuous impact of
COVID-19 as outlined in the Final Rule promulgated by the Department of Treasury("Treasury");and
WHEREAS.Treasury has issued guidance for the use of SI.RF FUNDS(31 CFR Part 35 and may
be found at: htt s:Hl�-N v%%. govinfo. yo%-/content/PkL,,/FR-2022-01-27'pdf'2022-00292.u(I1)and will continue
to issue guidance and clarification on the appropriate use of these funds; and
WHF',RI_'AS, the COUNTY and SUBRECIPIENT find that S1_.RF FUNDS distributed in
accordance with this Agreement shall meet the eligible uses outlined in the Treasury's Final Rule, and
additional guidance. and
WHEREAS, the COUNTY and SUBRECIPIENT find that the program(s) or project(s) and
related expenditures outlined in this Agreement is/are eligible undercurrent SLR1= FUNDS guidance and
rules promulgated by the U.S. Treasury and find that the program(s) or project(s) outlined herein will
mitigate the ongoing effects of COVID-19 and support pandemic recover, in Williamson County.
THEREFORE,the Parties agree as follows:
1.
GENERAL OVERVIEW
AND
WATER PROJECT DEFINITIONS
The COUNTY has in good faith determined that this Agreement serves a public purpose. This public
purpose includes,but is not limited to,the Subrecipient's efforts to meet the additional needs and services
of the community, specifically providing critical support or public interest benefits to local residents as
follows:
This Project will significantly improve reliability of the water supply to the cities of Cedar Park,Leander
and Round Rock.
Additional Scope of Services is set forth in Appendix A, which is attached hereto and incorporated as if
copied in full.
Definitions for water and sewer Expenditure Categories must follow the EPA's handbooks. For"clean
water"expenditure category definitions, please see:
https://www.el2a.gov/sites//production/ti les/2018-03/documents/cwdefin itionLPdf.
For"drinking water"expenditure category definitions, please see:
http5://www.gpa.gov/dwarf/drinking-water-state-revolving-fund-national-information-management-
system-reports.
The Program or Project Budget is set forth in Appendix B,which is attached hereto and incorporated
as if copied in full.
11.
PAYMENT
The COUNTY shall make available an amount of up to $5,000,000.00 (FIVE MILLION AND N0/100
DOLLARS) to SUBRECIPIENT from the COUNTY's SLRF FUNDS to reimburse SUBRECIPIENT for
expenses related to eligible uses of SLRF FUNDS as outlined in the Treasury's Final Rule,reflected in Appendix
B,and in accordance with the terms and conditions outlined below:
Williamson County approves and pays reimbursement requests within thirty (30) days of receipt of a
complete request. Errors in the reimbursement request, including insriffcient documentation, may result
in payment delays. SUBRECIPIENT is responsible for submitting a complete and accurate
reimbursement request. Payment is considered made on the date postmarked.
Each reimbursement request must contain the following supporting documentation:
2
i. Signed Request for Reimbursement(RFR)form
ii. General Ledger(monthly,generated from SUBRECIPIENT's accounting system)
coinciding with RFR
iii. Timesheets and Payroll Reports(monthly,generated from SUBRECIPIENT's payroll
system)if budget included personnel
iv. Invoices of all other expenditures
V. Proof of payment of all expenditures
III.
TERM/TERMINATION
This Agreement shall become effective upon signature by both Parties and shall continue in full force and
effect until December 31,2026 unless terminated earlier in accordance with this
Agreement.If at any time SUBRECIPIENT state contract is suspended or revoked,or if SUBRECIPIENT
becomes excluded, debarred, or suspended from any federal program, this Agreement automatically
terminates effective on the date of the suspension, revocation,or exclusion,and SUBRECIPIENT must
submit a final, formal statement in the manner set out above and below requesting payment.
The County may immediately terminate this Agreement,without prior notice,if SUBRECIPIENT fails to
perform any obligation found herein and the failure: -
i. Creates a potential threat to health or safety:or
ii• Violated a law,ordinance,or regulation designed to protect health or safety.
Either party may terminate this Agreement without cause giving ninety(90)days written notice to the
other party. Upon receipt of notice to terminate, SUBRECIPIENT shall discontinue all services in
connection with the performance of this Agreement and shall proceed to promptly cancel all existing
orders and contracts insofar as such orders to contracts are chargeable to this Agreement. Any and all
assets purchased under this Agreement shall transfer to the County for purposes outlined herein.
Within ninety (90) days after receipt of a notice of termination, SUBRECIPIENT agrees to submit an
invoice showing, in detail, the services performed under this Agreement up to and including the date of
termination.
Force Maieure: In the event that either Party is unable to perform its any of its obligation under the
Agreement or to enjoy any of the benefits because of natural disaster,global pandemic, actions or decrees
of governmental bodies or communication line failure not the fault of the affected party(referred to as a
"Force Majeure Event"),the party who has been so affected immediately agrees to give notice to the other
part and agrees to do everything possible to resume performance. Upon receipt of such notice, the
Agreement is immediately suspended. if the period of nonperformance exceeds ten (10) calendar days
from the receipt of notice of the Force Majeure Event, the Party whose ability to perform has not been
affected may terminate the Agreement immediately by giving written notice to the other Party.
3
IV.
AMENDMENTS
This Contract may not be amended without a written agreement; however,SUBRECIPIENT may move
up to 10% of allocated funds within any budget category without written approval of the COUNTY,
except for Equipment or Indirect Cost budget line items,if the movement is consistent with the budget in
Appendix B. To move any amount over and above a cumulative total of 10%of allocated funds within
any budget category, SUBRECIPIENT must submit a written request to COUNTY and receive written
approval of same.
V.
STANDARDS FOR FINANCIAL MANAGEMENT
In accordance with 2 CFR 200 — Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, SUBRECIPIENT will develop, implement and maintain financial
management and control systems,which include at a minimum accurate payroll, accounting and financial
reporting records, cost source documentation, effective internal and budgetary controls, and
determination of reasonableness,allowability and allocability of costs, and timely and appropriate audits
and resolution findings.
SUBRECIPIENT shall maintain an effective accounting system,which will:
i. Identify and record valid transactions
ii. Record transactions to the proper accounting period in which transacf ions occurred
iii. Describe transactions in sufficient detail to permit proper classification
iv. Maintain records that permit the tracing of funds to a level of detail that establishes that the
funds have been used in compliance with contract requirements
V. Adequately identify the source and application of funds of each grant contract
vi. Generate current and accurate financial reports in accordance with contract requirements
V1.
MONITORING
SUBRECIPIENT agrees that COUNTY will, until the expiration of the federal retention period as
referenced in 2 CFR 200.334, have access to and the right to examine at reasonable times any directly
pertinent books,papers,and records(hard copy,as well as computer generated data)of the sub-recipient
involving transactions related to this Agreement. This right to audit also extends to any obligations
assigned to any subcontracts or agreements formed between SUBRECIPIENT and any subcontractors to
the extent that those subcontracts or agreements relate to fulfillment of SUBRECIPIENT's obligations to
COUNTY under this Agreement. The SUBRECIPIENT agrees that COUNTY-will have access during
normal working hours to all necessary facilities, staff, and workspace to conduct audits.The COUNTY
will provide the SUBRECIPIENT with reasonable advance notice of intended audits. The
SUBRECIPIENT must provide records within ten(10)business days or a mutually agreed upon timeline.
SUBRECIPIENT may withhold any information that it is mandated to withhold to comply with state or
federal law.
4
Vll.
ALLOWABLE COSTS
COUNTY payment to SUBRECIPIENT does not preclude COUNTY from determining that certain costs
were ineligible for reimbursement. If the COUNTY determines that a cost the COUNTY has paid for is
ineligible for reimbursement, the SUBRECIPIENT will refund the ineligible amount to the COUNTY.
COUNTY will determine whether costs submitted by SUBRECIPIENT are allowable and eligible for
reimbursement. If COUNTY has paid funds to SUBRECIPIENT for unallowable or ineligible costs,
COUNTY will notify SUBRECIPIENT in writing, and SUBRECIPIENT shall return the funds to
COUNTY within thirty(30)calendar days of the date of this written notice.COUNTY may withhold all
or part of any payments to SUBRECIPIENT to offset reimbursement for any unallowable or ineligible
expenditure that SUBRECIPIENT has not refunded to COUNTY, or if required financial report(s) are
not submitted by the due date(s).
VIII.
INDEPENDENT SINGLE OR PROGRAM SPECIFIC AUDIT
If SUBRECIPIENT, within SUBRECIPIENT'S fiscal year, expends a total amount of at least SEVEN
HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in federal.funds awarded, SUBRECIPIENT
shall have a single audit or program-specific audit in accordance with the 2 CFR 200. The $750,000
federal threshold amount includes federal funds passed through by way of State and local agency awards.
IX.
EQUIPMENT
Any purchase of equipment must be consistent with the Uniform Guidance at 2 CFR Part 200 Subpart D.
Equipment acquired under this Agreement must be used for the originally authorized purpose.Consistent
with 2 CFR 200.313,any equipment acquired using federal funds shall vest in the non-Federal entity.
Procedures for managing equipment must meet the following requirements:
i. Property records must be maintained that include a description of the property,a serial number or
other identification number, the source of funding for the property, name of title holder,
acquisition date, cost of the property, percentage of Federal participation in the project costs for
the Federal award under which the property was acquired,the location, use and condition of the
property, and any ultimate disposition data including the date of disposal and sale price of the
property.
ii. A physical inventory of the property must be taken,and the results reconciled with the property
records at least once every two years.
iii. A control system must be developed to ensure adequate safeguards to prevent loss, damage, or
theft of the property.Any loss,damage,or theft must be investigated,
iv. Adequate maintenance procedures must be developed to keep the property in good condition.
V. If the non-Federal entity is authorized or required to sell the property, proper sales procedures
must be established to ensure the highest possible return.
Disposition. When original or replacement equipment acquired under this Agreement is no longer needed
or in use for the project or program outlined herein, SUBRECIPIENT must request disposition
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instructions from the COUNTY.
X.
LEGAL COMPLIANCE, PERFORMANCE MEASUREMENT,
AND REQUIRED REPORTING
SUBRECIPIENT shall comply with all applicable federal,state and local laws and regulations goveming
the expenditure of funds under this Agreement, including but not limited to additional requirements for
U.S. Department of The Treasury Coronavirus Local Fiscal Recovery Fund award terms and conditions
compliance related to the American Rescue Plan Act(ARPA)(C.F.D.A. 21.027). SUBRECIPIENT shall
submit to the Williamson County Auditor's office all necessary invoicing and appropriate documentation
evidencing expenditures and that said expenditures are Allowable Expenditures. Allowable Expenditures
arc limited to those expenditures shown in Appendix B. Additional reports and documentation may be
required as requested by COUNTY in the approved format.
XI.
DEBARMENT AND SYSTEM FOR AWARD MANAGEMENT
SUBRECIPIENT is not entitled to receive payment under this Agreement for services performed by any
personnel who have been excluded,debarred,or suspended under a federal program, unless given explicit
permission by the COUNTY. SUBRECIPIENT agrees to maintain an active registration in the System
for Award Management(SAM.gov).
XII.
INDEPENDENT CONTRACTORS
It is understood that any relationship created by this Agreement between the Parties shall be that of
independent contractors. Under no circumstances shall either Party be deemed an employee of the other
nor shall either Party act as an agent of the other Party. Any and all joint venture,joint enterprise, or
partnership status is hereby expressly denied, and the Parties expressly state that they have not formed
expressly or impliedly a joint venture,joint enterprise,or partnership._
XIII.
SUBCONTRACTING AUTHORITY
SUBRECIPIENT may enter into contracts as necessary for the performance of the scope of services
outlined in this Agreement. SUBRECIPIENT agrees to act in good faith and shall comply with all
applicable purchasing laws in choosing subcontractors and executing any contracts pursuant to this
Agreement.
XIV.
DOCUMENTATION
SUBRECIPIENT shall keep and maintain, for a period not less than Eve (5) years after December 31,
2026,any and all records relating to use of the SLRF FUNDS described herein.
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XV.
FORM 1295 COMPLIANCE
SUBRECIPIENT acknowledges and agrees that it has fully,accurately,and completely disclosed all
interested parties and has acknowledged the completeness of this disclosure by filing Form 1295
"Certificate of Interested Parties"with the Texas Ethics Commission ifrequired by Texas Government
Code Section 2252.908,as amended.
XVI.
NOTICE
Any notice required or permitted to be delivered hereunder shall be deemed to have been given when
personally delivered,or if mailed, seventy-two hours after deposit of the same in the United States Mail,
postage prepaid,certified,or registered,return receipt requested,properly addressed to the Parties hereto
at the respective addresses set forth below,or at such other addresses as they shall specify by written
notice delivered to the following addresses:
County;
County Judge
710 Main Street, Suite 101
Georgetown,Texas 78628
and
County Auditor
710 Main Street, Suite 301
Georgetown,Texas 78628
Subrecipient:
Brushy Creek Regional Utility Authority
221 East Main Street
Round Rock,Texas 78664
XVII.
SEVERABILITY
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 in this Agreement and this Agreement shall be construed as if such invalid,
illegal,or unenforceable provision had never been contained in it.
XVIII.
VENUE AND APPLICABLE LAW
Venue of this Agreement shall be Williamson County, Texas, and the laws of the State of Texas shall
govern all terms and conditions.
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XIX.
EN'T'IRE AGRERNIENT
This Agreement represents the entire understanding between the Parties and supersedes all prior
representations.
WITNESS that this Agreement shall be effective as of the date of the last party's execution
below.
WILLIAMSON COUNTY: SUBRECIPIFNT:
r.
Bill Graven(Sep 21,2022 13:15 CDT)
Authorized Signature Authorized Si gnat
Bill Gravell, Jr. �G
Printed Name Printed Name
Date: September 20 . 2022 Date r . 2022
APPENDIX A—Scope of Services
APPENDIX B—Program or Project Budget/Allowable Expenses
(incorporated herein as if copied in full)
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APPENDIX A—Scope of Services
This Underwater Pipeline Replacement project includes the construction of a parallel underwater
pipeline that conveys raw water from the BCRUA barge to the Water Treatment Plant. The
proposed pipeline will replace an approximately 1,500 feet portion of the Phase IA, Contract 2
underwater 36-inch diameter ductile iron pipeline that failed in December 2020.
(incorporated herein as if copied in full)
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APPENDIX B—Program or Project Budget/Allowable Expenses
Construction cost for Underwater Pipeline Replacement project is budgeted at-$5 million.
(incorporated herein as if copied in full)
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