ORDER NO. 29608 DISCUSS AGREEMENT BETWEEN TEXAS WATER DEVELOPMENT BOARD AND KERB COUNTY FOR GRANT FUNDING TO BE USED FOR PRELIMINARY PLANNING AND ENGINEERING FOR CENTER POINT WASTEWATER COLLECTION SYSTEM Came to be heard this the 27th day of March, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Approve the Agreement between the Texas Water Development Board and Kerr County for grant funding to be used for Preliminary Planning and Engineering for Center Point Wastewater Collection System, and authorize County Judge to sign same. ~q1~0 ~ ~,? COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Commissioner Williams OFFICE: Precinct 2 MEETING DATE: March 27, 2006 TIME PREFERRED: SUBJECT: (Please be specific). Consider, discuss and take appropriate action on agreement between Texas Water Development Board and Kerr County for grant funding to be used for Preliminary Planning and Engineering for Center Point Wastewater Collection System. EXECUTIVE SESSION REQUESTED: NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams. ESTIMATED LENGTH OF PRESENTATION: 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 SSl and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's fornial consideration and action at time of Court meetings. Your cooperation is appreciated and contributes toward your request being addressed at the eazliest opportunity. See Agenda Request Rule adopted by Commissioners Court. ,~ r KERR COUNTY ATTORNEY COUNTY COURTHOUSE, SUITE BA-103 700 MAIN STREET March 16, 2006 Bill Williams County Commissioner RE: Texas Water Development Board Contract Dear Bill: REX EMERSON KERRVILLE, TEXAS 78028 I have reviewed the proposed contract and do not find any unexpected qualifications or requirements. It appears to be a reimbursement based contract wherein our auditor's office will need to establish a separate accounting network for this project. The other primary contract requirement is that public hearings and agency meetings are mandatory at set stages of the project. ex Emerson MAIN NUMBER (830) 792-2220 HOT CHECKS (830) 792-2221 FAX (830) 792-2228 pRAFT STATE OF TEXAS TWDB Contract No. COUNTY OF TRAVIS Research and Planning Fund Regional Facility Planning KERR COUTY, STATE OF TEXAS This Contract, (hereinafter "CONTRACT"), between the Texas Water Development Board (hereinafter "BOARD°) and Kerr County, State of Texas (hereinafter "CONTRACTOR (S)"), is composed of two parts: Section I. Specific Conditions and Exceptions to the Standard Agreement and Section II. Standard Agreement. The terms and conditions set forth in Section I will take precedence over terms and conditions in Section 11. SECTION 1. SPECIFIC CONDITIONS AND EXCEPTIONS TO STANDARD AGREEMENT ARTICLE I. A. B. C. D. E. F. G. DEFINITIONS: For the purposes of this CONTRACT, the following terms or phrases shall have the meaning ascribed therewith: BOARD -The Texas Water Development Board, or its designated representative CONTRACTOR (S) -Kerr County, State of Texas EXECUTIVE ADMINISTRATOR -The Executive Administrator of the Board or his designated representative PARTICIPANT (S) -Kerr County, State of Texas, Upper Guadalupe River Authority, and Center Point Independent School District REQUIRED INTERLOCAL AGREEMENT (S) -Title of agreement. parties to agneement, and date of agreement Required -YES or NO REGIONAL FACILITY PLAN -Regional Wastewater Facility BOARD APPROVAL DATE -February 14, 2006 H. PLANNING AREA -The planning area is located in the southeastern part of Kerr County and generally inGudes the developed but unincorporated area known as Center Point. The project area is more specifically defined in Exhibit A (the original grant application). DEADLINE FOR CONTRACT EXECUTION -June 23, 2006 J. CONTRACT INITIATION DATE -February 14, 2006 K. STUDY COMPLETION DATE -February 28, 2007 L. FINAL REPORT DEADLINE-April 30, 2007 M. TOTAL STUDY COSTS - $121,760 N. BOARD SHARE OF THE TOTAL STUDY COSTS -The lesser of $60,880 or 50 Section I, Page 1 of 2 percent of the total study costs or individual voucher submission O. LOCAL SHARE OF THE TOTAL STUDY COSTS - $60,880 in cash and $0.00 in in-kind services or 50 percent of the total study costs or individual voucher submission P. VOUCHER SUBMISSION SCHEDULE -Monthly O. OTHER SPECIAL CONDITIONS AND EXCEPTIONS TO STANDARD AGREEMENT OF THIS CONTRACT - N/A IN WITNESS WHEREOF, the parties have caused this CONTRACT to be duly executed in multiple originals. THE TEXAS WATER DEVELOPMENT BOARD William F. Mullican, III Deputy Executive Administrator Office of Planning Date: KERR COUNTY, STATE OF TEXAS Pat Tinley Kerc County Judge Section I, Page 2 of 2 SECTION 11. STANDARD AGREEMENT ARTICLE I. RECITALS Whereas, the CONTRACTOR (S) applied to the BOARD, Austin, Texas for a planning grant to develop a REGIONAL FACILITY PLAN; Whereas, the CONTRACTOR (S) and PARTICIPANT (S) will commit cash andlor in-kind services to pay for the local share of this planning project; Whereas, the CONTRACTOR (S) is the entity who will act as administrator of the BOARD's planning grant and will be responsible for the execution of this contract; Whereas, on the BOARD APPROVAL DATE, the BOARD approved the CONTRACTOR (S)'s application for financial assistance; Now, therefore, the BOARD and the CONTRACTOR (S), agree as follows: ARTICLE 11. PROJECT DESCRIPTION AND SERVICES TO BE PERFORMED Services and activities provided under this CONTRACT shall be in strict accordance with requirements of the Texas Water Code, Chapter 15; associated rules of the Texas Administrative Code, Chapter 355, Sections 355.1-355.11, Subchapter A; Exhibit A, the original grant application, which is incorporated herein and made a permanent part of this CONTRACT; and this CONTRACT. 2. The CONTRACTOR (S) will prepare a REGIONAL FACILITY PLAN for the PLANNING AREA, as delineated and described in Exhibit A, according to the Scope of Work contained in Exhibit B. The CONTRACTOR (S) will consider BOARD population and water use projections, and if not used in the REGIONAL FACILITY PLAN, provide an explanation of why not used. Where applicable, the CONTRACTOR (S) will develop water conservation plans according to Texas Administrative Code, Chapters 363.15, 363.71, 375.37, and 375.101. 3. The CONTRACTOR (S) will establish formal, direct, and continuous liaisons with all cities, counties, councils of governments, river authorities, regional water planning groups designated under Texas Water Code.16.053 and 31 Texas Administrative Code.357.4, and all applicable state agencies, federal agencies, and other governmental entities in the PLANNING AREA, and all entities providing water andlor wastewater service in the PLANNING AREA for the purpose of coordinating the scope of work and REGIONAL FACILITY PLAN with alt existing studies, plans, or activities for the purpose of providing information and obtaining available data for the development of the REGIONAL FACILITY PLAN. 4. The CONTRACTOR (S) will coordinate the REGIONAL FACILITY PLAN with the existing plans and policies of the entities listed above, the Texas Commission on Environmental Quality (TCEO), and any other affected entities. 5. The CONTRACTOR (S) will hold public meetings with the PARTICIPANTS, consultants, local entities, the TCEQ, the BOARD, and any interested parties at the commencement of the project, at 50"~ completion, following the STUDY COMPLETION DATE but before the FINAL REPORT DEADLINE, and when deemed necessary by either the BOARD or the Section II, Page 1 of 7 CONTRACTOR (S) to discuss the status of the REGIONAL FACILITY PLAN. The public meeting shall be held in accorlance with the Texas Open Meetings Act. The CONTRACTOR (S) will solicit input and comments from the affected public on the draft final report and consider such input and comments for incorporation in the final report. ARTICLE III. SCHEDULE, REPORTS, AND OTHER PRODUCTS The CONTRACTOR (S) has until the DEADLINE FOR CONTRACT EXECUTION to execute this CONTRACT and to provide acceptable evidence of REQUIRED INTERLOCAL AGREEMENTS and the CONTRACTOR (S) ability to provide the LOCAL SHARE OF THE TOTAL STUDY COSTS to the EXECUTIVE ADMINISTRATOR for approval or the BOARD'S SHARE OF THE TOTAL STUDY COSTS will be rescinded. 2. The term of this CONTRACT shall begin and the CONTRACTOR (S) shall begin performing its obligations hereunder on the CONTRACT INITIATION DATE and shall expire on the FINAL REPORT DEADLINE. Delivery of an acceptable final report prior to the FINAL REPORT DEADLINE shall constitute completion of the terns of this CONTRACT. 3. The CONTRACTOR (S) will complete the Scope of Work and will deliver seven (7) double-sided copies of a draft final report to the EXECUTIVE ADMINISTRATOR no later than the STUDY COMPLETION DATE. The draft final report will include the methodology and findings of the study, inGuding altematives considered, cost estimates, recommended altematives, an implementation plan and schedule, recommended entities to implement the recommended altematives, appropriate financing mechanisms, and other pertinent information. The draft and final reports should be organized in the same order as the Scope of Work. Each task should be easily identifiable in the draft and final report. After a 30-day review period, the EXECUTIVE ADMINISTRATOR will return review comments to the CONTRACTOR (S). 4. The CONTRACTOR(S) will consider incorporating comments from the EXECUTIVE ADMINISTRATOR and other commentors on the draft final report into a final report. The CONTRACTOR(S) will include a copy of the EXECUTIVE ADMINISTRATOR's comments ih the final report. The CONTRACTOR(S) will submit one (1) electronic copy of the entire FINAL REPORT in Portable Document Fomtat (PDF), one (1) unbound camera ready original, and nine (g) bound double-sided copies of the final report to the EXECUTIVE ADMINISTRATOR no later than the FINAL REPORT DEADLINE. The CONTRACT(S) will submit one (1) electronic copy of any computer programs or models and an operations manual developed under the terms of this CONTRACT. After a 30-day review period, the EXECUTIVE ADMINISTRATOR will either accept or reject the final report. If the final report is rejected, the rejection letter sent to the CONTRACTOR(S) shall state the reasons for rejection and the steps the CONTRACTOR(S) need to take to have the final report accepted and the retainage released. 5. The CONTRACTOR (S) will submit progress reports with submittal of vouchers according to the VOUCHER SUBMISSION SCHEDULE. Progress reports shall be in written form and shall include a brief statement of the overall progress made since the last status report; a brief description of any problems that have been encountered during the previous reporting period that will affect the study, delay the timely completion of any portion of this CONTRACT, inhibit the completion of or cause a change in any of the study's products or objectives; and a description of any action the CONTRACTOR (S) plans to take to correct any problems that have been encountered. Section II, Page 2 of 7 6. The EXECUTIVE ADMINISTRATOR can extend the COMPLETION DATE and the FINAL REPORT DEADLINE upon written approval. The CONTRACTOR (S) should submit a written request to the EXECUTIVE ADMINISTRATOR at least thirty (30) working days prior to the COMPLETION DATE or thirty (30) days prior to the FINAL REPORT DEADLINE for an extension to the respective dates and explanation of why the deadlines have not been met. ARTICLE IV. COMPENSATION, REIMBURSEMENT AND REPAYMENT The BOARD agrees to compensate and reimburse the CONTRACTOR (S) in a total amount not to exceed the BOARD'S SHARE OF THE TOTAL STUDY COSTS for costs incurred and paid by the CONTRACTOR (S) pursuant to performance of this CONTRACT. The CONTRACTOR (S) will contribute local matching funds in sources and amounts defined as the LOCAL SHARE OF THE TOTAL STUDY COSTS. The BOARD shall reimburse the CONTRACTOR (S) for ninety percent (90%) of the BOARD's share of each invoice pending the CONTRACTOR (S)'s performance, completion of a Final Report, and written acceptance of said Final Report by the EXECUTIVE ADMINISTRATOR, at which time the BOARD shall pay the retained ten percent (10°~) to the CONTRACTOR (S). 2. The CONTRACTOR (S) shall submit vouchers and documentation for reimbursement billing according to the VOUCHER SUBMISSION SCHEDULE and in accordance with the approved task and expense budgets contained in Exhibit C to this CONTRACT. At the discretion of the EXECUTIVE ADMINISTRATOR and upon written memorandum to the contract file, the CONTRACTOR (S) has budget flexibility within task and expense budget categories to the extent that the resulting change in amount in any one task or expense category does not exceed 35% of the total amount authorized by this CONTRACT for the task or category to be changed. Larger deviations shall require a formal contract amendment. For all reimbursement billings inGuding any subcontractor's expenses, the EXECUTIVE ADMINISTRATOR must have provided written approval of REQUIRED INTERLOCAL AGREEMENT (S) and contracts or agreements between the CONTRACTOR (S) and the subcontractor. The CONTRACTOR (S) is fulty responsible for paying all charges by subcontractors prior to reimbursement by the BOARD. 3. The CONTRACTOR (S) and its subcontractors shall maintain satisfactory financial accounting documents and records, inGuding copies of invoices and receipts, and shall make them available for examination and audit by the EXECUTIVE ADMINISTRATOR. Accounting by the CONTRACTOR (S) and its subcontractors shall be in a manner consistent with generally accepted accounting principles. 4. By executing this Contract, the CONTRACTOR accepts the authority of the State Auditor's Office, under direction of the legislative audit committee, to conduct audits and investigations in connection with any and all state funds received pursuant to this contract. The CONTRACTOR shall comply with and cooperate in any such investigation or audit. The CONTRACTOR agrees to provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit. The CONTRACTOR also agrees to include a provision in any subcontract related to this contract that requires the subcontractor to submit to audits and investigation by the State Auditor's Office in connection with any and all state funds received pursuant to the subcontract. Section II, Page 3 of 7 5. A progress report and the following documentation which documents the TOTAL STUDY COSTS for reimbursement by the BOARD to the CONTRACTOR (S) for the BOARD'S SHARE OF THE TOTAL STUDY COSTS shall be submitted by the CONTRACTOR (S) to the EXECUTIVE ADMINISTRATOR for reimbursement billing: A. Summary of total expenses incurred including the following information: (1) CONTRACTOR's Vendor Identification Number; (2) TWDB CONTRACT Number; (3) Total expenses for the billing period; beginning (date) to ending (date); (4) Total In-kind services; (5) Total Services for this period; (6) Less Local Share of the total study costs for the billing period; (~ Total BOARDSs share of the total study costs for the billing period; (8) Amount of retainage to be withheld for the billing period; (g) Total costs to be reimbursed by the BOARD for the billing period; and (10) Certification, signed by the CONTRACTOR(S) authorized representative, that the expenses submitted for the billing period are a true and correct representation of amounts paid for work performed directly related to this contract. B. For direct expenses incurred by the CONTRACTOR(S) -documentation showing the tasks that were performed; the percent and cost of each task completed; a total cost figure for each direct expense category including labor, fringe, overhead, travel, communication and postage, technical and computer services, expendable supplies, printing and reproduction; and C. For direct expenses incurred by the CONTRACTOR(S) for outside consulting services -copies of invoices to the CONTRACTOR(S) showing the tasks that were performed; the percent and cost of each task completed; a total cost figure for each direct expense category including labor, fringe, overhead, travel, communication and postage, technical and computer services, expendable supplies, printing and reproduction; and the total dollar amount due to the consultant; and D. For travel and subsistence expenses, incuding such expenses for subcontractors - (1) names, dates, work locations, time periods at work locations, itemization of subsistence expenses of each employee, limited, however, to travel expenses authorized for state employees by the General Appropriations Act, Tex. Leg. Regular Session, 2005, Article IX, Part 5, as amended or superseded; (2) other transportation costs -copies of invoices covering tickets for transportation or, if not available, names, dates, and points of travel of individuals; and (3) all other reimbursable expenses -invoices or purchase vouchers showing reason for expense with receipts to evidence the amount incurred. Section II, Page 4 of 7 5. If the project is not constructed, CONTRACTOR agrees to pay back to the Board the specified percentages of the regional planning grant in accordance with the provisions of §355.10 (f-i) of the Board rules, Exhibit D, unless the regional plan determines that a regional project is not feasible and is not recommended in the regional facility grant planning report. ARTICLE V. OWNERSHIP, PUBLICATION, AND SUBCONTRACTING The BOARD shall have unlimited rights to technical or other data resulting directly from the pertormance of services under this CONTRACT. It is agreed that all reports, drafts of reports, or other material, data, drawings, computer programs and codes associated with this CONTRACT and developed by the CONTRACTOR(S) or its subcontractors pursuant to this CONTRACT shall become the joint property of the CONTRACTOR(S) and the BOARD. These materials shall not be copyrighted or patented by the CONTRACTOR (S) or by any consultants involved in this CONTRACT unless the EXECUTIVE ADMINISTRATOR approves in writing the right to establish copyright or patent; provided, however, that copyrighting or patenting by the CONTRACTOR (S) or its subcontractors will in no way limit the BOARD's access to or right to request and receive or distribute data and information obtained or developed pursuant to this CONTRACT. Any material subject to a BOARD copyright and produced by the CONTRACTOR (S) or BOARD pursuant to this CONTRACT may be printed by the CONTRACTOR (S) or the BOARD at their own cost and distributed by either at their discretion. The CONTRACTOR (S) may otherwise utilize such material provided under this CONTRACT as it deems necessary and appropriate, including the right to publish and distribute the materials or any parts thereof under its own name, provided that any BOARD copyright is appropriately noted on the printed materials. 2. The CONTRACTOR (S) agrees to acknowledge the BOARD in any news releases or other publications relating to the work performed under this CONTRACT. 3. No work herein called for by the CONTRACTOR (S) shall be reimbursed for expenses by the BOARD to the CONTRACTOR (S) without prior written approval by the EXECUTIVE ADMINISTRATOR of the contract or agreement between the CONTRACTOR (S) and its subcontractor. Each subcontract or agreement shall include a detailed budget estimate with specific cost details for each task or specific item of work to be performed by the subcontractor and for each category of reimbursable expenses. The subcontracts shall conform to the terms of the CONTRACT and include provisions that require subcontractor compliance with BOARD rules. The CONTRACTOR (S) must also adhere to all requirements in state law pertaining to the procurement of professional services. ARTICLE VI. AMENDMENT, TERMINATION, AND STOP ORDERS 1. This CONTRACT may be altered or amended by mutual written consent or terminated by the EXECUTIVE ADMINISTRATOR at any time by written notice to the CONTRACTOR (S). Upon receipt of such termination notice, the CONTRACTOR (S) shall, unless the notice directs otherwise, immediately discontinue all work in connection with the pertornance of this CONTRACT and shall proceed to cancel promptly all existing orders insofar as such orders are chargeable to this CONTRACT. The CONTRACTOR (S) shall submit a statement showing in detail the work performed under this CONTRACT to the date of termination. The BOARD shall then pay the CONTRACTOR (S) promptly that proportion of the prescribed fee, which applies to the work, actually performed under this CONTRACT, less all payments that have been previously made. Thereupon, copies of all Section II, Page 5 of 7 work accomplished under this CONTRACT shall be delivered to the BOARD 2. The EXECUTIVE ADMINISTRATOR may issue a Stop Work Order to the CONTRACTOR (S) at any time. Upon receipt of such order, the CONTRACTOR (S) shall diswntinue all work under this CONTRACT and cancel all oMers pursuant to this CONTRACT, unless the order directs otherwise. If the EXECUTIVE ADMINISTRATOR does not issue a Restart Order within 60 days after receipt by the CONTRACTOR (S) of the Stop Work Order, the CONTRACTOR (S) shall regard this CONTRACT terminated in accordance with the foregoing provisions. ARTICLE VII. NO DEBT AGAINST THE STATE 1. This CONTRACT and Agreement shall not be consirued as creating any debt by or on behalf of the State of Texas and the BOARD, and all obligations of the State of Texas are subject to the availability of funds. To the extent the pertormance of this CONTRACT transcends the biennium in which this CONTRACT is entered into, this CONTRACT is specifically contingent upon the continued authority of the BOARD and appropriations therefor. ARTICLE VIII. LICENSES, PERMIT, AND INSURANCE For the purpose of this CONTRACT, the CONTRACTOR (S) will be considered an independent contractor and therefore solely responsible for liability resulting from negligent acts or omissions. The CONTRACTOR (S) shall obtain all necessary insurance, in the judgement of the CONTRACTOR (S), to protect themselves, the BOARD, and employees and officials of the BOARD from liability arising out of this CONTRACT. The CONTRACTOR (S) shall indemnify and hold the BOARD and the State of Texas harmless, to the extent the CONTRACTOR (S) may do so in accordance with state law, from any and all loses, damages, liability, or claims therefore, on account of personal injury, death, or property damage of any nature whatsoever caused by the CONTRACTOR (S), arising out of the activities under this CONTRACT. 2. The CONTRACTOR (S) shall be solely and entirey responsible for procuring all appropriate licenses and pennits, which may be required by any competent authority for the CONTRACTOR (S) to perform the subject work. ARTICLE IX. SEVERANCE PROVISION Should any one or more provisions of this CONTRACT be held to be null, void, voidable, or for any reason whatsoever, of no force and effect, such provision(s) shall be construed as severable from the remainder of this CONTRACT and shall not affect the validity of all other provisions of this CONTRACT which shall remain of full force and effect. Section II, Page 6 of 7 ARTICLE X. CORRESPONDENCE All correspondence between the parties shall be made to the following addresses: For the BOARD: Mr. J. Kevin Ward Executive Administrator Texas Water Development Board P.O. Box 13231, Capitol Station Austin, Texas 78711-3231 Attention: Contract Administration Division For the CONTRACTOR(S): Mr. Pat Tinley Kerr County Judge 500 Main Street Kerr County Courthouse Kerrville, TX 78028 Secfion II, Page 7 of 7 EXHIBIT A ORIGINAL GRANT APPLICATION Section II, Page 1 of 7 EXHIBIT B SCOPE OF WORK See EXHIBIT A, Original Grant Application Pages 16 - 17 Exhibit B, Page 1 of 1 EXHIBIT C TASK AND EXPENSE BUDGETS TASK BUDGET TASK DESCRIPTION TOTAL BUDGET Task 1 Preliminary Phase "A° $ 40,000 Task 2 Preliminary Phase "B° $ 20,000 Task 3 Final Plan and Report $ 61,760 TOTAL $121,760 EXPENSE BUDGET CATEGORY TOTAL BUDGET Salaries & Wages $56,000 Fringe $ 15,000 Travel $ 2,600 Other Expenses $ 2,000 Subcontractors $ 20,000 Overhead $ 26,160 Profit 0 TOTAL $121,760 'Salaries and Waces is defined ~ the cost of salaries of engineers, draftsmen, stenographers, surveymen, decks, laborers, eta, for time directly chargeable to this contract. ZFrince is defined as the cost of soci~ security contributions, unemployment, exdse, and payroll taxes, employment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday pay applicable thereto. 30verhead is defined as the ~ incurred in maintaining a place of business and pertorming professional services similar to those specified inthis contract. These costs shall inducts the following: • Indirect salaries, inducting that portion of the salary of pdndpals and executives that ~ allocable to general supervision; • Indiredsalaryfdngebenefits; • Accountlng and legal services related to normal management and business operations; • Travel costs incurred in the normal course of overall administrafion of the business; • Equipment rental • Depredation of furniture, factures, equipment, and vehicles; • Dues, subscriptions, and fees associated with trade, business, technical, and professional organ¢ations; • Other insurance; • Rent and utilities; and • Repairs and maintenance of furniture, foclures, and equipment "Other Excenses is defined to inducts expendable supplies, communications, reproduction, postage, and costs of pudic meetings directly chargeable to this CONTRACT Exhibit C, Page 1 of 1 ATTACHMENT D SUBCHAPTER A. GENERAL RESEARCH AND PLANNING Texas Administrative Code Sections 355.1 - 355.11 These rules are adopted under the authority of Texas Water Code, Sections 6.101 and the Texas Water Code, Chapter 15, Subchapter F, which require the board to adopt rules necessary to carry out the powers and duties of the board and of various programs of the research and planning fund. §355.1. General. This subchapter shall govern the board's use of the research and planning fund to provide money for water research, flood control planning and regional facllity planning. Adopted effective October 11, 1991 ~ Amended effective February 11, 1999 §355.2. De£nitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context dearly indicates otherwise. Words defined in the applicable provisions of the Texas Water Code, Chapter 15, and not defined here shall have the meanings provided by such chapter. (1) Flood protection planning -The process of developing the means of providing protection from flooding through structural and non-structural measures. (A) Planning for flood protection includes studies and analyses to: (i) determine and describe problems resulting from or relating to flooding; (ii) determine the views and needs of the affected public relating to flooding problems; (iii) identify potential solutions; (iv) estimate benefts and costs of potential solutions, including structural and non-structural measures; (v) recommend feasible solutions to flood protection problems; and (vi) determine that any proposed solutions are consistent with appropriate regional or statewide plans and relevant laws and regulations. (B) Planning, as herein defined, does not include those activities directly related to the preparation of applications for state or federal permits or other approvals, activities assoclated with administrative or legal proceedings by regulatory agencies, nor preparation of engineering plans and specifications. (2) Regional facility planning for water resources -The process of identifying existing and potential problems, problem solutions and their relative costs and benefits, and recommending the most feasible solution(s) for regional water supply or wastewater fadlities, except to the extent that such matters are being or have been studied under Texas water Code, §16.053. Planning, as herein defined, does not include those activities directly related to the preparation of applications for state or federal permits or other approvals, activities assodated with administrative or legal proceedings by regulatory agencles, nor preparation of engineering plans and spedfications. (3) Research - Sclentific activities that are undertaken to address practical problems rather than to expand the frontiers of knowledge. Research can include development, which refers to activities undertaken to solve the technical problems involved in bringing a new product or process into production. Researoh may include regional water quality assessments performed by river authorities pursuant to the provisions of the Texas Water Code, §26.0135 and §26.178. Adopted effective October 11, 1991 ~ Amended effective February 11, 1999 §353. Legal and Fiscal Information. As funds become availabte, and needs are identified, the executive administrator will publish notice in the Texas Register requesting applications from eligible applicants for grants in one or more of the three categories. Applicants shall submit application(s) in the form and in the manner prescribed by the executive administrator. The executive administrator may request additional information needed to evaluate the application, and may return any incomplete applications. Applicants may also submit and the executive administrator may also consider applications at any time, depending on availability of funds and demonstrated need. Adopted effective October 11, 1991 Amended effective February 11, 1999 §355.4. Eligibility. Any person may apply for research grants, but only political subdivisions may apply for flood control and regional facility planning grants. Funding of projects shall be at the discretion of the board from funds in the research and planning fund. Adopted effective October 11, 1991 Amended effective February 11, 1999 §355.5. Criteria. Applications will be evaluated by the executive administrator, considering, at a minimum, the following criteria. (1) Research project evaluation criteria for unsolicited applications: (A) relationship of project to current needs for water resource research; (B) description of the proposed research project; (C) approach to organizing and managing the research project; (D) detailed estimate of the cost of the proposed research project; (E) estimated time required to complete the research project; (F) ability to perform the research and complete the project; (G) potential economic impact; and (H) environmental enhancement and conservation impact. (2) Research project evaluation criteria for solicited applications: (A) description of the proposed research project; (B) responsiveness of the application to the request for proposals for requests for qualifications; (C) approach to organizing and managing the research project; (D) detailed estimate of the cost of the proposed research project; (E) estimated time required to complete the research project; and (F) ability to perform the research and complete the project. (3) Flood control planning project criteria: (A) degree to which proposed planning duplicates previous or ongoing flood plans; (B) project service area is regional versus local; (C) history of flooding in project area; (D) participation in National Flood Insurance Program; (E) project organization and budget; and (F) scope and potential benefits of project. (4) Regional facility planning project criteria: (A) degree to which proposed planning duplicates previous or ongoing plans; (B) regional nature of project; (C) conformance to certified water quality management plans; (D) adequacy of water conservation plan and commitment to water conservation; (E) project organization and budget; (F) scepe and potential benefits of project; (G) the degree to which the regional facility planning is consistent with an approved regional water plan for the area in which the political subdivision is located; and (H) ability of a recipient of funds to repay the assistance if a project is not constructed according to §355.10(f) of this title (relating to Funding Limitations). Adopted effective October 11, 1991 ~ Amended effective September 11, 2002 §355.8. Board Consideration of Projects. The executive administrator will submit recommended projects to the board, to be scheduled on the agenda for board consideration at the earliest practical date. The applicant and other interested parties known to the board shall be notified of the time and place of such meeting. Adopted effective October 11, 1991 §355.7. Action of the Board on Projects. At the contusion of the meeting to consider the project, the board may resolve to approve, disapprove, amend, or continue consideration of the application. Approval action shall incude specification. of a commitment period during which applicant must enter into a contract, and demonstrate matching funds availability, after which time the commitment shall expire, unless a time extension is granted by the board. Adopted effective October 11, 1991 §355.8. Notice Requirements. For flood protection and regional facility planning projects, applicants must notify all cities, counties, non-profit water supply corporations, regional planning agencies, regional water planning groups and all districts and authorities created under the Texas Constitution, Artice III, Chapter 52, or Article XVI, Chapter 59, in the planning area by certified mail that an application for planning assistance is being filed with the board. The notice shall incude the name and address of the applicant and the name of the applicant's manager or official representative; and brief description of the planning area; the purposes of the planning project; the board's name, address, and the name of a contact person with the board; a statement that any comments must be filed with the executive administrator and the applicant within 30 days of the date on which the notice is mailed. Prior to action by the board, the applicant must provide one copy of the notice sent to affected political subdivisions, a list of the political subdivisions to which notice was sent, and the date on which the notice was sent. The board may not act on such application before the end of the 30-day notice period unless all political subdivisions to which notice is required to be sent agree in writing to waive the notice period. Adopted effective October 11, 1991 Amended effective February 11, 1999 §355.9. Contracts. The board may authorize the executive administrator or his designee to enter into contracts with persons or political subdivisions, within available funds. Such contracts shall include: (1) a detailed statement of the purpose for which the money is to be used; (2) the total amount of money to be paid from the research and planning fund under the contract; (3) the time for completion; and (4) any other terms and conditions required by the executive administrator or agreed to by the contracting parties. Adopted effective October 11, 1991 ~ Amended effective February 11, 1999 §355.10. Funding Limitations. (a) Grants for regional facility planning and flood control planning shall be limited to 50% of the total cost of the project, except that the board may supply up to 75% of the total cost to political subdivisions which have unemployment rates exceeding the state average by 50% or more, and which have per capita income which is 65% or less of the state average for the last reporting period available. (b) In-kind services may be substituted for any part of the local share, if such services are directly in support of the planning effort, are properly documented, and approved in advance by the board. (c) Up to 100% of the cost of research projects may be provided by the board. (d) Funds will be released only as reimbursement of costs actually incurred for approved activities. (e) Grants in excess of 75% for regional facility planning or flood control planning will be provided if authorized by specific legislation or legislative appropriation language. (f) The board may condition grants for regional facility planning to require that the recipients agree in the contract for assistance, and by the execution of any other documents necessary to secure such agreement, to pay back to the board the following specified percentages of the grant if construction on a project described by the regional facility planning grant is not begun within the following specified times: (1) if construction is not begun within six years of the time the executive administrator notifies the grant recipient that the agency has closed the account for the grant, the recipient shall repay to the boarcl 25% of the amount of the grant; (2) if construction is not begun within seven years of the time the executive administrator notifies the grant recipient that the agency has closed the account for the grant, the recipient shall repay to the board an additional 25% of the amount of the grant; (3) if construction is not begun within eight years of the time the executive administrator notifies the grant recipient that the agency has closed the account for the grant, the recipient shall repay to the board an additional 25% of the amount of the grant; and (4) if construction is not begun within nine years of the time the executive administrator notifies the grant recipient that the agency has closed the account for the grant, the recipient shall repay to the board an additional 25% of the amount of the grant. (g) Repayment under subsection (f) of this section shall occur no later than within the entit~s first fiscal year following the date on which each repayment obligation is triggered. (h) For the purposes of subsection (f) of this section, construction will be considered to have begun when: (1) an entity closes a debt issuance that will fund a project that the executive administrator verifies is substantially the same as the project recommended in the regional faality planning grant report; or (2) the effective date of a contract for the construction of a project the executive administrator verifies is substantially the same as the project recommended in the regional facility planning grant report, if the project costs are not funded by a debt issuance. (i) If the regional plan determines that a regional project is not feasible, repayment will not be required under the provisions of subsection (f) of this section. Adopted effective October 11, 1991 ~ Amended effective September 11, 2002 B[II Williams From: Kevin Kluge [Kevin.Kluge(8ltwdb.state.tx.us] Sent: Monday, March 20, 2006 4:23 PM To: kertco2~co.ken.tx.us Subject: RE: Kerry County Contract ~, '', ~; 0648329999_Kerr_ Kerr Co Drag County_contrac...:,ontract Comment... Mr. Williams, Attached is a Microsoft Word copy of the draft contract between TWDD and Kerr County. Also attached is a short letter containing comments/questions regarding the project's scope of work. After you have a chance to look the comments over and we make any necessary changes to the scope of work, I'll send it onto the contract management division. I'm not sure if we could get a final version to you by Friday or Monday, but 2 will be in the office Wednesday through Friday and hopefully the contract folks aren't too busy. Please contact me with any questions. Kevin Kevin Kluge, AICP Project Manager Water Resources Planning Division Texas Water Development Board 1700 North Congress Ave. P.O. Box 13231 Austin, TX 78711-3231 kkluge@twdb.state.tx.us www.twdb.state.tx.us 512/936-0829 fax 512/936-0889 »> "Bill Williams" 03/16/06 10:43 RM »> Kevin: Our County Attorney has cleared the proposed draft agreement for presentation to Commissioners' Court on 3/27 without change. Should I use the draft for presentation, or can you forward me a clean copy that can be used for approval and signature? Bill Williams Kerr County Commissioner, Pct. 2 -----Original Message----- From: Kevin Kluge [mailto:Kevin.Kluge@twdb.state.tx.us] Sent: Friday, March 10, 2006 9:43 AM To: kerrco2@co.kerr.tx.us; jim.brown@ttisg.com; ugrarlb@ugra.org Subject: Fwd: Kerry County Contract Bill, Ray and Jim, Attached should be a electronic copy of the TWDB-Kerr County contract for the Center Point WW study. As I mentioned to Bill, this contract and the scope of work submitted in the application will be what we start with. We'll discuss/negotiate the contract and sow and when reaching agreement on changes, I'll send the changes to our contract management division. 1 I haven't seen much to change from our end so far, so I don't imagine many problems. Unfortunately, the same people that review regional planning grants are also involved in the simultaneous tasks of finishing regional water plans and writing the state water plan, so it may take a bit longer than one would expect. Let me know of any questions and I'll try to touch base with you towards the end of next week. Kevin Kevin Kluge, AICP Project Manager Water Resources Planning Division Texas Water Development Board 1700 North Congress Ave. P.O. Box 13231 Austin, TX 78711-3231 kkluge@twdb.state.tx.us www.twdb.state.tx.us 512/936-0829 fax 512/936-0889 2 ~, ~ ~, Q~, ., ky ~, ~~~ ~~: v ~ .i", ~~ r r 3~.- t;. C~vd i'itsi~rin. t 7xrir~ixcur LE ilia~Yt bV. ;'vicarinv.>,;19rn~hc~r j7c~ Tet~i~s Gc°o,a;ra~~l~ic In,7h~ mu:. ~rt ~ ra r1 . I (SIC.) TWDB Contract No. 0604 STATE OF TEXAS COUNTY OF TRAVIS TEXAS WATER DEVELOPMENT BOARD and KERB COUNTY AMENDMENT NO. 1 and. A reement made and entered on June 20, 2006 and amended on May 2, 2007, This Contract g is hereby amended as follows: ~,. Section I, Article I, L. FINAL REPORT DEADLINE -July 3I, 2007 ~d HIBIT C, the Task and Expense Budgets, are revised as shown m ATTACHMENT I ar I3, I:X denoted as ls` Amended Task and Expense Budgets. All other terms and conditions of Board Contract No. 0604830607 shall remain in effect. C. , ITNESS WHERIJOF the parties hereto cause this Contract and Agreement to be duly executed IN W in duplicate. TEXAS WATER DEVE-LOPMENT BOARD KERR COUNTY I3y: _ ~~ t'' - ~ 11iam F. Mullican, II Deputy Executive Administrator Office of Plann~i-ng Date:____~~/ ~, ~ BY: -- e norable Pat Tinley Kerr County Judge Date• ~ ~~ Z~ ATTACHMENTI EXHIBIT C lst Amended Task and Expense Budgets - TASK BUDGET TASK DESCRIPTION TOTALBUDGET Task 1 Preliminary Phase "A" $ 40,000 Task 2 Preliminary Phase "B" $ 20,000 Task 3 Final Plan and Report $ 61,760 $121,760 TOTAL EXPENSE BUDGET CATEGORY ORIGINAL REVISED BUDGET BUDGET Salaries & Wages $ 56,000 $0 Fringe $ 15,000 _ 0 Travel $ 2,600 0 Other Expenses ~ $ 2,000 0 Subcontractors $ 20,000 121,760 Overhead $ ?6,160 0 Profit 0 0 TOTAL $121,760 $121,760 Salaries and Wades is defined as the cost of salaries of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc., fi>r time directly chargeable to this contract. 'Fringe is defined as the cost of social security contributions, unemployment, excise, and payroll taxes, employment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday pay applicable thereto. 30verhead is defined as the costs incurred in maintaining a place of business and performing professional services similar to those specified in this contract. These costs shall include the following: • Indirect salaries, including thaC portion of the salary of principals and executives that is allocable to general supervision; • indirect salary fringe benetts; • Accounting and legal services related to normal management and business operations; • "I~ravel costs incurred in the normal course of overall administration of the business; • Lquipment rental; , • Depreciation of furniture, fixtures, equipment, and vehicles; Dues, subscriptions, and fees associated with trade, business, technical, and professional organizations; • Other insurance; • Rent and utilities; and • Repairs and maintenance of furniture, fixtures, and equipment ''Other F~enses is defined to include expendable supplies, communications, reproduction, postage, and costs of public meetings directly chargeable to this CONTRACT