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 OFFICE: Commissioner, Pct. 2 MEETING DATE: January 27, 2003 TIME PREFERRED: SUBJECT: (Please be specific) Consider, discuss, and take appropriate action on revisions to the Inter-local agreement between Kerr County and the Upper Guadalupe River Authority for the Kerrville South Wastewater Project, to cover current, pending and future projects. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams, Richard Mosty, and Scott Loveland representing UGRA, and David Motley, County Attorney 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. '' MEMORANDUM December 30, 2002 To: David Motley, County Attorney From: William H. Williams, Commissioner, Precinct 2 Subject: Revisions to Inter-local Agreement between Kerr County and the Upper Guadalupe River Authority Dear David: Greetings and Happy New Year. It seems as though all of my memorandums to you during 2002 came with a sense of urgency. This one is no exception, and for this I apologize. However, there is a need to place this item on the first Commissioners Court agenda for 2003, which is January 13. I had this item on the Court agenda for the December 23 meeting, but was unable to get the changes completed in time for your review before the meeting. The Court listened to ..-,. both Jim Brown and Richard Mosty representing UGRA re the changes, but preferred to have your review before taking action on the changes. Briefly, the changes reflect happenings and changes since Commissioners Court approved the Inter-local. For example, the years, and designations of certain funding grants have changed; the Texas Department of Housing and Community Affairs (TDHCA) is now the Office of Rural Community Affairs (ORCA); Groves Engineering is now Tetra Tech; and Kerr County has applications for additional funding in the "conduit" so to speak, and anticipates others. While not binding future Commissioners Courts (which I know we cannot do) the revised agreement might preclude going back to the drawing boards again if; as and when future funding and projects come into focus. I would appreciate your review of these changes, and suggested changes, if any, in time for placement of this item on the January 13 agenda. Interoffice Memorandum J.T. Brown, General Manager Date: Tuesday, December 10, 2002 TO: Eric Hartzell, Grant Works and Bill Williams Kerr County Commissioners Court CC: UGRA CIP Committee ""' Richard Mosty, General Counsel John Washburn, Admin~Financial Services Mgr. RE: Kerr County/UGRA Intergovernmental Agreement, Kerrville South Wastewater Project Eric and Bill, I am in the process in reviewing all open-ended items as I develop a transitional manual for my successor here at UGRA. Today I reviewed the wastewater projects, more specifically the Kerrville South Project. I am not comfortable with the current intergovernmental agreement in that is makes reference to the "2001 Texas Community Development Program Award", I do not have a problem with the contents of the agreement, but the reference to the time and date sensitive title of the agreement. The agreement makes reference to the fact that TCDP has funded a Colonia Construction Fund Contract and makes no reference to the subsequent CDBG grant. This is an item I would like to schedule for action before I depart on December 31, 2002. The action may fall beyond my tenure at UGItA. Eric, I am looking for a description that is all encompassing of both the.CDBG Programs and the Colonic Construction Fund from 2001 through what may be the extended life of the project. I suggest that we do not make reference to a specific program, but to both funding programs as long as the two entities agree to work together. Does this present a problem with TDCA? If not please give us the appropriate language for the appropriate title(s) in the caption of the proposed revised agreement. Bill, we will have to depend on you to carry the water at the County. Richard, as soon as we receive the language from Eric, I will arrange to meet with you and attempt to draft the new Intergovernmental Agreement. I believe you developed the original agreement UGRA's next board meeting date is December 18, 2002. Again, we could take action at a subsequent date, but that will in all reality fall under the new Court. lO December.1002 Page 1 Of 1 JTB c: hvfndowaitempormy Murue[frleskrnlen[leSlcdyv~dizlkerrvllle.roulh wwpro}-dilergovernmental agreemenl.doc Yage 1 or L .~ Bill Williams From: "Eric Hartzell" To: "J.T.Brown" ; "Corn. William H. Williams" Cc: "Richard C Mosty" ; "John C. Washburn" ; "Jerry Ahrens" ; 'Tom Myers" ; "Ronnie Pace" ; "Calvin Weinheimer" ; "Dave Tucker" Sent: Thursday, December 05, 2002 9:39 AM Subject: RE: Kenville South VWV Project Intergovernmental Agree with Kerr County Jim, I agree that a single interloca.l covering the entire Kerrville-South project is the best way to handle this, though we will need to ensure that the agreement remains specific enough to satisfy both parties. The TCDP will not have an issue with a combined interlocal. ,~.. The agreement's language could be changed to refer to "Texas Community Development Program Awards" with no reference to funding category or program year. At this time there are 2 awazds (the 2001 Colonic and the 2002 Community -- Development) and 2 pending applications (2003 Colonic and 2003 Community Development). Where the agreement refers to "TCDP contract" and "TCDP project" we could preface these terms with "awazded or pending." This could be further limited by specifying "awazded or pending Kerrville South Wastewater TCDP projects" if the Court would prefer. The agreement makes specific reference to the amount of matching funds committed by UGRA for the 2001 Colonic project; this language could be modified to read "UGRA, by resolution, has previously committed itself to providing cash matching funds for the awazded and pending TCDP projects" Since we already know what matching fund commitments for the existing and pending TCDP projects, the "Contribution of Matching Funds" language could be modified to read "UGRA shall contribute the matching funds for awarded TCDP projects in the sum equal to that committed through resolution of the UGRA boazd prior to the submittal of each TCDP project application; these funds shall be placed in a TCDP Project Fund account..." While we are amending this document, we should also make the following changes: Replace "Groves Engineering" with "Tetra Tech, Inc." which purchased Groves ,_., Engineering and its outstanding contracts. Replace "Texas Department of Housing and Community Affairs" and "TDHCA" with "Office of Rural Community Affairs" and "ORCA," the new agency responsible 12/10/02 ~;~ ~~ ~~. ~ ~,y . -, ,; ~ 9% ~ ~ 1 ~, , ~} `•~ ~~'~U`~ - ~ ~ , `tom ~ { ~4' ~' +. ~I' ` ,i raj' `'~ c'- - l ; 4,` ` -' ~ Matt Q\ '+..~~. ~,`d+ 4 /a1 i -' ' ,.,~, `' ~" 4 ~t' •'• t _ ± Q~' 1i+ ~ ?~.. 1.^~ }, - - ,~~ , ,, ~ ~ -- . -4 ~+ x. _ ~_ ~ - r - ' - ~T`\ .,,- /~ .~ ;' ,, 1 ' e ort (141291~~02~ Protect Statug R P >st W agteW ater .Match ,rryille 5° Amount rtatU$ $43 $500,0p0 ~75,0p0 Funded, u^ der Z00'- Gvlonla Iv°' Ear 2002 Cp Va P 2003104 Cp C MHP Grove Funded, prelim• ~ ~Oyal en9~neering Rd Pending, 5103 or 5104 hero from available ,,,.r to 51.116 ~~ osed,funds prop g-03 Valley available ~250,p00' $12.5p0 ~12,5p0 `250'400 :- X500,000' $70,p00 '.nn'~ ColOnia .Q~ ant Summa ~ use of Funds Match ~r~e ~U,,..- iected is completed nW) -this snditu~e p44 Np~Ea1 Gontracted`v'tO~al Work (gee ~°Iling G{een ~ 2403 FY 2 will remain for adWork to byp ndle the aidicipated project includes not ha OG2 Lift Station, which can $31, 2p03, p°SS,~Iy With flow volume• ring k iuttided' ~york will begin r a~~,itional Wog vv~th money. of 21 conjunction Colonla tu~~~11F1 $12,5p4 leftover 20 ent shot sinclhAsa~cle..~ISc°tiny`Nlll be Has excel submitted Lions 03. unfunded lice in 20 nit of eb fan ance as resub can be $12,5p0 aPp ~ finalized .a applrcat-on if match cover Has excellent ch X55,0000) to 10 pis). b 2002 Cola to ~70A00 (fr°m score y 24p3• $49,0Q0 fees (will increasers Janf~eb increase be finalized $21,000 enginee ~111ikei ....,,rise 41 polonia G ~unding~Go 000 20 $500, g75,p00 s , GG~Match ~575,0p0 Adminr~ration am ) and cC-on ollection Nl order) o change °rder) __"~ ~ . ! ' ~ ' ~ ~' TpTPb $100,000 Englreering variable for Con~u ass, Sealer C 21% change Road (~ 1° funds a Station 13yp me residents ( in Ranchero lAdmin 75,0p0 ~°tal Qonstructiion (o~g for low in and place manhole ` ~ ~ ~ ~~~ ' En9 ~ Compton conn~i d der main ction service ponslN ~° ~~ 025 P R~ppgEp ~ `Mil exten Contrade~ 1 $11,314 P ~ ... Ch d 8,376,694 b Slate) Ch order 2 nch aks) . -ipTAl- 8,88,306 in target area ~ e Yuan jai ey, Ra o C? BAU,,NCE alance: itigation eligible areas ovallm er Prop°ged u$$'Estimate~ OApO Septrc~ seer mains into oth STATE OF TEXAS § COUNTY OF KERB § INTERGOVERNMENTAL AGREEMENT FOR~AA~ TEXAS COMMiTNITY DEVELOPMENT PROGRAM A~ fi °CF~i,,iS CCii_.t)`~l.1 COti'sTR[?f'Ti(3N '11'!IJ AWARD This agreement is entered into this _ day of ,pursuant to the terms of Chapter 791 of the Texas Government Code, by and between the Commissioners Court of Kerr County, hereinafter called "the County", and the Upper Guadalupe River Authority, hereinafter called " [JGRA", for the purpose of providing certain services relating to the administration of the operation of the ~>- TEXAS COMMiJ1yITY DEVELOPMENT PROGRAM AND TE3~AS COLONIA CONSTRUCTION FUND AWARDS WHEREAS, Kerr County leas, applied for and ma~~ apply in the futare for grants under the bees-ew~ded-e ~I Texas Community Development Program (TCDP) and/or the Texas Colonic Construction Fund Colonic Fund ~t~ast~ from the Office of Rural Conununiri° Affairs (ORCA} to construct treated. water, wastewater or other infrastructure improvements in the County projects, and ~.-. WHEREAS, the County finds, and ma~° in the ftiture find, it in the best interest of the health and welfare of I its residents, absentee property owners, visitors and guests, to accept and implement such projects. '''''~D WHEREAS, the County finds that effective implementation of the such projects ~~ will provide good environmental health practices which, among other benefits, ultimately will pmmote safeguards for the county's surface and public drinking water standards; and WHEREAS, UGItA's territorial jurisdiction is the same as the County's and UGRA is charged to, among other matters, pmtect, preserve and maintain the quality of surface water in Ketr County, .and WHEREAS, GrantWorks has an established program and staff to administer the current and pcndin~ I ORCA~roiects q~-mast on behalf of the County, and WHEREAS, Tetra Tech_ Inc. f reves~~ag~ceriug has an established expertise and staff to serve as the I consulting engineer on the current and pending ORCA projects-TCBI?~rejest; and WH)CREAS, UGRA has expressed a willingness to oversee the design and construction of the current and I endin ORCA Rrojects_~ojest, and has the pmgram and staffto do so; and WHEREAS, the public health, safety and welfare of the citizens of Kerr 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. WHEREAS, UGRA, by resolution, has previously committed itself to providing ~3;AAA-09-in cash -- matching funds for tJie a«~arded and pending this~9ftl ORCA~ro~~ts TC27Ir-prejest, ahd WHEREAS, the County and UGRA mutually desire to be subject to the provisions of Texas Government Intergovernmental Agreement for implementation of ~,)'(_ .~ ~A l"12t)_i ~'C" 1~~+ ~ Page 1 ___._._ _____ Code Chapter 791, which provides for interlocal cooperation contracts, for the purpose of establishing the funding, oversight, and eventual ownership of t fir;. C:i:!"?:_-,°~...li?.L~~;ci~.. THEREFORE, the parties agree as follows: 1. TERM OF AGREEMENT: This Agreement shall commence on the date it is signed as indicated below and shall remain in full force for a term commensurate with the term of :~3~,_the URC:'~1~rc~~ccis_T i including any contract end-date extensions), ture ORCA projects approved b~~ the County and UGRA shall be forwarded Intergovernmental Agreement for implementation of f,)~?t ;?,, ~B~ IF~~4k~lt:S._ 1 Page 1 __ T - directly to the County. Copies of the invoices shall be forwarded to t?~c.~ip~~iic~hEc_cgnsiil_tir~ en~i~~cer for tl~~ :~%j ~ 7 ~ ~ ~ and the UGRA. The UGRA shall review each invoice it r~eeeives to ensure the invoice's validity. Any validity issues arising from the UGRA's inspection of an invoice shall be made known to the County by the UGRA prior to the County paying the invoice. Upon approval by the Ken County Commissioners Court, the County shall pay the invoices out of the ~ :~' C _ `~ Y~r Project Fund. The UGRA shall remit its portion of the matching grant to the County within five (5) business days of notice of payment by the County to the UGRA. 8. DISPOSITION OF IMPROVEMENTS: Upon the final administrative closure of c.~-_l,_E~rc_~ct_. or sooner if agreed upon by the County and UGRA, all infrastructure improvements constructed through s~,~li project shall be transferred from the County to the UGRA subject to and in accordance with Texas Water Code, Section 49.229 and UGRA shall thereafter assume all responsibilities of ownership, including operations and maintenance. All plans, specifications, warranties, or construction documents of any kind shall be transferred to UGRA at such time. 9. TERMINATION: Either party may terminate this agreement upon sixty (60) days written notice to the other party, and such termination shall release each party from any further responsibility under this Agreement. 10. SERVICES PROVIDED BY UGRA: 10.1 The General Manager, either directly or through appropriate personnel operating under his supervision, shall provide all construction supervision services in connection with this Agreement and the CRC a A Project 10.2 Monthly oonstnrction reports on the progress under the C}RCA - m~ Project will be furnished to the County. 10.3 UGRA shall negotiate the contractual arrangements with the City of Kerrville ar other appropriate cntih-. to accept and treat the waste, to include the fees required to treat such waste. 10.4 UGRA shall have the responsibility to mediate and resolve design and/or construction issues to its satisfaction with the ~plicable consulting- engineer for the County Tetra Tech, Inc.-6s I and any contractors identified with the execution of the ORCA projects. Provided, however, that any such resolution shall not increase the cost of the project without the approval of Ken County. 10.5 UGRA shall have no responsibility for the administration of the grant, funds distribution from ORCA TBHC~4 into the project, record keeping and final audit, or the solicitation of subscribers or connections to the Project.. UGRA shall have no responsibility for the management, procurement or accountability for the procurement or acquisition of rights-of--way or easement for the project. The County, through GrantWorks, or others, shall provide these services 11. EXPANSION OR EXTENSION OF THE PROJECT; 11.1 At its sole discretion and expense, UGRA shall have the sole and exclusive right to tap into, extend and/or expand upon the project to provide services to areas beyond the geographical boundaries of any existing or future grant. 11.2 UGRA shall have the sole right and authority to negotiate and develop contractual relations with developers and landowners within the areas of expansion. 12. ADMINISTRATIVE/OPERATION METHODOLOGY: ,.--. Intergovernmental Agreement for implementation of ~A Page 1 12.1The County and the UGRA shall have the responsibility to supervise the conswction during terms of the -A Projects. After the projects have been transferred to the UGRA, the UGRA shall have the sole responsibility for all aspects of the projects. 12.2 Individual members of the Kerr County Commissioners Court, their agents and employees shall refer all technical questions regarding the construction of the projects to the UGRA. 13. INDEPENDENT CONTRACTOR: In performance of its obligations hereunder, the UGRA is an independent contractor with the exclusive right to oversee the construction of the project. The County shall look to the UGRA for results only and shall not have the right or responsibility at any time to direct or supervise the UGRA General Manager or any of the UGRA personnel, agents, employees or professional and/or technical consultants employed by UGRA on the delivery of the services as set out herein in the performance of such services or as to the manner, means or methodology in which the services are performed. 14. GENERAL CONDITIONS/DEFIMTIONS: 14.1"Rules and Regulations" or "Program" means the requirements for the administration and, construction and implementation of the z4 Projects, as adopted, by the Kerr County Commissioners Court. , ~'~ '~°°'"~^° 4, "'°~ 14.2"General Manager" as that term is used in this Agreement means the General Manager of the UGRA, his stab; agents, consultants that may or will be involved in the execution of the terms of this -- Agreement and the Kerr County OSSF Program. 14.3In 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. 14.4This 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. 14.SThis 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. 14.6This Agreement is executed in duplicate originals with one original to be retained by each party. 14.7Any notices required to be sent under the terms of this Agreement shall be sent as follows: Ken County: Judge Frederick L. Henneke Ken County Judge Kerr County Courthouse Kerrville, Texas 78028 UGRA Jim T. Brown, General Manager UGRA Admin. Offices 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. Intergovernmental Agreement for implementation of £_)Z_C,`<< ~-,4 (~tf~~,E6'(_: Page I .-- Intergovernmental Agreement for implementation of =_ j. t: ,>'~, ~~4 [~ itf>. E F~ C_~~ ~, Page 1 APPROVAL APPROVED AND ORDERED by the Commissioners Court of Kerr County this day of , ATTEST: County Clerk, Kerr County By: Deputy COUNTY OF KERB By: Frederick L. Henneke, County Judge APPROVED AND ORDERED by the Board of Directors of the Upper Guadalupe River Authority this day of ATTEST: Janet Robinson, Secretary to the Board of Directors UPPER GUADALUPE RIVER AUTHORITY By: Jerry Ahrens, President of the Board of Directors By: ((7GRA/Genaal/I'CDP - C~auUntaiocal -12.19.02)