Hays County · 2016-08-16 · Commissioners Court –August 16, 2016 NOTICE OF A MEETING OF THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS This Notice is posted pursuant to …

Commissioners Court –August 16, 2016 NOTICE OF A MEETING OF THE

COMMISSIONERS COURT OF HAYS COUNTY, TEXAS

This Notice is posted pursuant to the Texas Open Meetings Act. (VERNONS TEXAS CODES ANN. GOV. CODE CH.551). The Hays County Commissioners Court will hold a meeting at 9:00 A.M. on the 16th day of August, 2016, in the Hays County Courthouse, Room 301, San Marcos, Texas. An Open Meeting will be held concerning the following subjects: CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE - Pledge of Allegiance to the American Flag & Pledge of Allegiance to the Texas Flag ROLL CALL

PRESENTATIONS & PROCLAMATIONS 1 4-25 Presentation to the Commissioners Court about the Texas Brigades Program. JONES

PUBLIC COMMENTS At this time 3-MINUTE comments will be taken from the audience on Non-Agenda related topics. To address the Court, please submit a

Public Participation/ Witness Form to the County Clerk. Please Complete the Public Participation/ Witness Form in its Entirety. NO ACTION MAY BE TAKEN BY THE COURT DURING PUBLIC COMMENTS.

CONSENT ITEMS The following may be acted upon in one motion.

A Commissioner, the County Judge, or a Citizen may request items be pulled for separate discussion and/or action. 2 26 Approve payments of county invoices. HERZOG 3 27-32 Approve Commissioners Court Minutes of August 9, 2016. COBB/GONZALEZ

4 33-49 Approve renewal of existing contract for IFB 2015-B10 Emulsion Oils for one (1) additional year. COBB/MAIORKA/BORCHERDING

5 50-51 Order the General Election to be held on November 8, 2016, in Hays County, Texas, for the purpose of electing the county and precinct officers as required by Article XVI, Section 65 of the Texas Constitution. COBB/COWAN

6 52 Approve out of state travel for Erica Carpenter, Jennifer Courtney, & Melissa Pena to Chicago, IL to attend the CIS Managers training regarding the new CIS CAD System. COBB/CUTLER

7 53-55 Authorize the County Judge to accept and execute service agreement renewal with Appriss for the Victim Information and Notification Everyday (VINE) program for up to $27,715.32. COBB/HAUFF

8 56-74 Authorize the County Judge to accept and execute a Maintenance Contract from The Office of the Attorney General for statewide crime victim notification service (SAVNS) in the amount of $27,715.32. COBB/HAUFF

9 75

Approval to hold an online auction with Rene Bates Auctioneers (www.renebates.com) to dispose of surplus property pursuant to Texas Local Government Code 263.152 and authorize Purchasing to advertise. Auction will start August 18th and end September 1st. COBB/MAIORKA/HERZOG

10 76 Approve and confirm the appointments of Alice Flores and Greg Grumbles as Deputy Constables and Michael Varela as Reserve Deputy in the Hays County Constable Precinct 1 Office. INGALSBE/PETERSON

11 77 Authorize the Development and Community Services Director and General Counsel to negotiate a contract with JB Construction for modifications in the Precinct 2 Tax office; authorize the County Judge to execute the completed contract JONES/GARZA

ACTION ITEMS

ROADS

12 78-79 Discussion and possible action to consider the release of the maintenance bond #1088911 in the amount of $264,000.00, and acceptance of the roads into the county road system for Mustang Valley subdivision, Sec. 6. CONLEY/BORCHERDING

13 80-82 Discussion and possible action to consider the acceptance of road construction and drainage improvements, and release of the construction cash bond in the amount of $1,495,563.41 for Driftwood subdivision, Ph. 1, Sec. 1. WHISENANT/BORCHERDING

14 83-84 Discussion and possible action to consider the acceptance of the roads into the county road system, release the maintenance bond #1026429 in the amount of $46,709.75 for Reunion Ranch subdivision. Ph. 1C. WHISENANT/BORCHERDING

15 85-90

Discussion and possible action to consider the acceptance of road construction and drainage improvements, release of the construction bond #K09324653 for $441,440.74, and acceptance of the maintenance bond #1048974 in the amount of $30,764.84 for a 2-year period for Shadow Creek subdivision, Phase 7, Sec. 3. JONES/BORCHERDING

16 91-92 Discussion and possible action to consider the acceptance of the roads into the county road system, and release the maintenance bond # PRF9118462MNT in the amount of $126,704.75 for Rim Rock subdivision, Ph. 2, Sec. 4. JONES/BORCHERDING

MISCELLANEOUS

17 93-100 Discussion and possible action to authorize the County Judge to execute an Interlocal Cooperation Agreement between Hays County and the City of San Marcos related to access to the City's Police CAD/RMS/Mobile Client System. COBB/CUTLER/CARPENTER

18 101-112 Discussion and possible action to authorize the County Judge to sign a Professional Services Agreement with Halff Associates, Inc. for development of a countywide stream data management system. COBB/GARZA/MCINNIS

19 113-116 Discussion and possible action to adopt the Early Voting Schedule (Dates & times) for the November 8, 2016, General Election. COBB/COWAN

20 117-118 Discussion with possible action to adopt the Election Day Polling sites for the November 8, 2016, General Election. COBB/COWAN

21 119-120

Discussion and possible action related to the proposed creation of Hays County Emergency Services District #9. Possible actions may include 1) resolving that creation of the district is feasible or not feasible and 2) resolving that the creation of the district will or will not promote the public safety, welfare, health, and convenience of persons residing within the proposed district. If the Court finds in favor of district creation, it shall also take action to fix the district's boundaries, order an election to confirm the district's creation, and impose additional conditions, if any. COBB/KENNEDY

22 121-132

Hold a public hearing at 10:00 AM in accordance with section 293.101 of the Texas Health and Safety Code, including but not limited to discussion and possible action to establish the assessment rate and state fiscal year 2017 mandatory payments, and authorize the Intergovernmental Transfer of the funds derived from those mandatory payments to provide the nonfederal share of the supplemental payment program authorized under the Texas Healthcare Transformation and Quality Improvement Program ("sec 1115") waiver. COBB/SHELL

23 133

Discussion and possible action to approve an Order by the Commissioners Court of Hays County, Texas calling a Bond Election to be held in Hays County, Texas; making provision for the conduct of the election; making provision for the conduct of a joint election with various political subdivisions; resolving other matters incident and related to such election. (Workshop items 24, 25 and 26 will be held prior to the opening of this item.) CONLEY/WHISENANT

WORKSHOP

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Workshop related to the proposed Criminal Justice / Public Safety Facilities to include the Hays County Jail, 911 Call Center, Emergency Operations Center, Law Enforcement Center and Training Facility and the possibility of a November 2016 bond proposition related thereto. Possible action by follow. INGALSBE/CONLEY

25 135 Workshop related to the proposed transportation improvements throughout Hays County and the possibility of a November 2016 bond proposition related thereto. Possible action by follow. JONES/WHISENANT

26 136 Workshop hosted by Dan Wegmiller, Hays County's financial advisor, and Bill Herzog, Hays County Auditor, regarding Hays County's present bond financing and projected tax revenues. COBB

27 137 1:30 p.m.-Budget Workshop regarding the FY 2017 Hays County Budget. Possible action may follow. COBB/HERZOG

EXECUTIVE SESSIONS The Commissioners Court will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel to discuss matters of land acquisition, litigation, and personnel matters as specifically listed on this agenda. The Commissioners

Court may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda.

28 138

Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code: consultation with counsel and deliberation regarding the purchase, exchange or value of Right of Way along Robert S. Light Boulevard in Pct 2. Possible action to follow in open court. JONES

29 139 Executive Session pursuant to 551.071 of the Texas Government Code: consultation with counsel(s) regarding all pending and/or contemplated litigation involving Hays County. Possible action may follow. COBB

30 140 Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code: consultation with counsel and deliberation regarding the purchase, exchange or value of Right of Way along proposed FM110 in Pct. 1. Possible action to follow in open court. INGALSBE

31 141 Executive Session pursuant to Sections 551.071 and 551.087 of the Texas Government Code: consultation with counsel and deliberation regarding economic development negotiations associated with Project Texas. Possible action may follow in open court. COBB

STANDING AGENDA ITEMS

The Commissioners Court utilizes Standing Agenda Items to address issues that are frequently or periodically discussed in court. This section allows the Court to open the item when a need for discussion arises.

32 Discussion of issues related to the Hays County Jail, and the planning of projects pertaining to the public safety facilities needs within the County. Possible action may follow. COBB/CUTLER

33 Discussion and possible action related to the burn ban and/or disaster declaration. COBB/SMITH/BROWNING

34 Discussion of issues related to the road bond projects, including updates from Mike Weaver, Prime Strategies, Laura Harris, HNTB and Allen Crozier, HDR. Possible action may follow. COBB

ADJOURNMENT

Posted by 5:00 o'clock P.M. on the 12th day of August, 2016

COMMISSIONERS COURT, HAYS COUNTY, TEXAS

______________________________________________ CLERK OF THE COURT

Hays County encourages compliance with the Americans with Disabilities Act (ADA) in the conduct of all public meetings. To that end, persons with disabilities who plan to attend this meeting and who may need auxiliary aids such as an interpreter for a person who is hearing impaired are requested to contact the Hays

County Judge’s Office at (512) 393-2205 as soon as the meeting is posted (72 hours before the meeting) or as soon as practical so that appropriate arrangements can be made. While it would be helpful to receive as much advance notice as possible, Hays County will make every reasonable effort to

accommodate any valid request regardless of when it is received. Braille is not available.

AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Presentation to the Commissioners Court about the Texas Brigades Program.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

PROCLAMATIONS/PRESENTATIONS August 16, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Commissioner Mark Jones JONES N/A

SUMMARY

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WATERFOWL BRIGADE

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“Anyone can count the seeds in an apple,but no one can count the apples in a seed.”

‐ Anonymous

The Future of Conservation

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Flock Composition

Flock Leader

Assistant Flock Leader

Cadets

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• 5‐day wildlife leadership camps• Open to students ages 13‐17• Cost is $500 – scholarships available• Held annually in June and July• 8 camps across the state of Texas

What is Texas Brigades?

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Santa Anna

North Texas – Santa Anna

South Texas ‐ Uvalde

Rolling Plains ‐ ColemanSouth Texas ‐ Pleasanton

Tennessee Colony

Santa Anna

Galveston

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Texas Brigades Partners

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Plant ID and Collections

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Wildlife Photography & Journaling

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Firearm Safety and Shooting Skills

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Leadership & Team Building

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Trifolds! Trifolds! Trifolds!

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Marching and CadencesAll across this great nationWe’re in need of conservationProgress now is being madeIn the Waterfowl Brigade

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Public Speaking and Media Skills

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‐The Brigades Motto

“Tell me and I forget.Show me and I remember.

Involve me and I understand.”

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Critical Thinking and Life Skills

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Hunting Ethics

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Flocks compete in:Trivia, Art, Calling, Decoys,

Journaling, and more

Friendly Competition!

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Waterfowl Anatomy and Physiology

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Technology in Wildlife Management

Radio Telemetry GPS

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Habitat Evaluation

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855‐TXBRIGS210‐556‐1391

www.texasbrigades.org

For more information:

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AGENDA ITEM

Approve payment of County invoices.


CONSENT August 16, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR APPROVAL: N/A


Auditor’s Office HERZOG N/A

SUMMARY

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AGENDA ITEM

Approve Commissioner Court Minutes of August 9, 2016.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Gonzalez COBB N/A

SUMMARY

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HAYS COUNTY COMMISSIONERS' COURT MINUTES – AUGUST 9, 2016

***** ***** STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 9TH DAY OF AUGUST A.D., 2016, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:

ALBERT H. COBB JR COUNTY JUDGE DEBBIE GONZALES INGALSBE COMMISSIONER, PCT. 1 MARK JONES COMMISSIONER, PCT. 2

WILL CONLEY COMMISSIONER, PCT. 3 RAY O. WHISENANT JR COMMISSIONER, PCT. 4 LIZ Q. GONZALEZ COUNTY CLERK

AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Bishop Gene Massey gave the invocation. Judge Cobb led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Cobb called the meeting to order. 31734 APPROVE PAYMENTS OF COUNTY INVOICES A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to approve payments of County Invoices in the amount of $1,130,208.48 as submitted by the County Auditor. All voting “Aye”. MOTION PASSED 31735 APPROVE COMMISSIONERS COURT MINUTES OF AUGUST 2, 2016 A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to approve Commissioner Court Minutes of August 2, 2016 as presented by the County Clerk. All voting “Aye”. MOTION PASSED 31736 APPROVE SPECIFICATIONS FOR RFP #2016-P15 HAYS COUNTY HAZARD

MITIGATION ACTION PLAN AND AUTHORIZE PURCHASING MANAGER TO SOLICIT FOR PROPOSALS AND ADVERTISE

The proposed RFP will solicit for proposals for a consultant to help facilitate and prepare an updated Hazard Mitigation Plan for Hays County and its 11 community partners to replace the current Plan that expires in November, 2017. Funding is provided in part by a grant from the FEMA Pre-Disaster Mitigation program. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to approve Specifications for RFP #2016-P15 Hays County Hazard Mitigation Action Plan and authorize Purchasing Manager to solicit for proposals and advertise. All voting “Aye”. MOTION PASSED 31737 AUTHORIZE THE HISTORICAL COMMISSION TO ACCEPT A DONATION FROM

THE BURDINE JOHNSON FOUNDATION FOR THE HISTORICAL JAIL RESTORATION PROJECT AND AMEND THE BUDGET ACCORDINGLY

The Burdine Johnson Foundation has generously donated funds to complete phase III of the Historical Jail Restoration Project. No additional county funds required. Amount required $150,000.00; line item 144-676-00.5741; Increase .4614 - Capital Donations; Increase .5741 – Misc. Capital Improvements. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to authorize the Historical Commission to accept a donation from the Burdine Johnson Foundation for the Historical Jail Restoration Project and amend the budget accordingly. All voting “Aye”. MOTION PASSED 31738 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A FY17 INTERLOCAL

ASSISTANCE AGREEMENT REGIONAL AUTO THEFT ENFORCEMENT TASK FORCE FOR THE TEXAS AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY PROJECT (ABTPA

The Travis County Sheriff's Office is requesting approval of the annual agreement with the Texas Automobile Burglary and Theft Prevention Authority (ABTPA) to continue the Sheriff's combined Auto Theft Task Force Grant. Funding for the program includes Travis County and other counties with the Sheriff of each county forming the Advisory Board of the program. The grant award provides funding for the Hays County Field Agent's salary in the amount of $66,097. The term of the grant is from September 1, 2016 to August 31, 2017. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to authorize the County Judge to execute a FY17 Interlocal Assistance Agreement Regional Auto Theft Enforcement Task Force for the Texas Automobile Burglary and Theft Prevention Authority Project (ABTPA). All voting “Aye”. MOTION PASSED

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***** ***** 31739 AUTHORIZE COMMERCIAL OSSF PERMIT AT 302 COUNTRY ESTATES DRIVE,

SAN MARCOS, TX Jimmy R. and Tammy West Fife are proposing to replace a failing OSSF that serves the north half of their Wonderland School Building. This property is 2 acres in the Thomas W. Forsythe Survey. The property is served by an on-site public water well. The system designer, C.J. (Jim) Conner, R.S., has designed a treatment system which consists of standard treatment and a pump tank. After treatment, the effluent will be dispersed to a low-pressure dosed drainfield with a maximum daily usage rate of 522 gallons. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize Commercial OSSF Permit at 302 Country Estates Drive, San Marcos, TX. All voting “Aye”. MOTION PASSED 31740 APPROVE REVISIONS AND ADDITIONAL COURSES TO THE EXISTING SHERIFF'S

OFFICE, TRAINING ACADEMY FEE SCHEDULE In 2011, the Sheriff's Office with Commissioner's Court approval was authorized to accept revenue for continuing education courses. At this time, the S.O. would like to revise current fees and add additional courses to the schedule. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve revisions and additional courses to the existing Sheriff's Office, Training Academy Fee schedule. All voting “Aye”. MOTION PASSED 31741 APPROVE SPECIFICATIONS FOR IFB 2016-B09 METAL PIPE AND AUTHORIZE

PURCHASING MANAGER TO SOLICIT FOR BID AND ADVERTISE A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve specifications for IFB 2016-B09 Metal Pipe and authorize Purchasing Manager to solicit for bid and advertise. All voting “Aye”. MOTION PASSED 31742 AUTHORIZE THE COMMUNICATIONS SPECIALIST TO CREATE AND MAINTAIN A

FACEBOOK PAGE FOR THE HAYS COUNTY LOCAL HEALTH DEPARTMENT PURSUANT TO THE HAYS COUNTY SOCIAL MEDIA POLICY

The Local Health Department staff would like a mechanism to communicate more directly with citizens about Public Health related topics. Staff feels only including the information on the County official page, limits exposure to these important messages. The wide variety of content on the Hays County main page is often times unrelated to public health issues. Additionally, the frequency in which the page is updated results in pertinent health information being "pushed" to the bottom of the feed. The Department will not have access to making page changes, updates, or comments. All communication will be approved by the Hays County Communications Specialist in collaboration with the Information Technology Department. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Communications Specialist to create and maintain a Facebook Page for the Hays County Local Health Department pursuant to the Hays County Social Media Policy. All voting “Aye”. MOTION PASSED 31743 AUTHORIZE THE COUNTY JUDGE TO EXECUTE SUPPLEMENT NO. 3 TO THE

PROFESSIONAL SERVICES AGREEMENT AS WELL AS SUPPLEMENTAL NO. 5 TO WORK AUTHORIZATION NO. 1 WITH HDR ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES ON THE PRIORITY ROAD BOND PROGRAM

Allen Crozier of HDR gave a brief overview on this project. Additional funds are for continued coordination between the Priority Road Bond Program with the Pass-Through Program and Partnership Program as well as changes in scope related to additional management activities related coordination with HCISD and utility companies related to right of way acquisition and design for the interim improvements to Dacy Lane made necessary by the construction of McCormick MS, as well as performing ROW acquisition services on RM 1826 @ Darden Hill, and work related to transfer of ROW purchased by the County along TxDOT facilities to TxDOT. A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to authorize the County Judge to execute Supplement No. 3 to the Professional Services Agreement as well as Supplemental No. 5 to Work Authorization No. 1 with HDR Engineering, Inc. for professional engineering services on the Priority Road Bond Program. All voting “Aye”. MOTION PASSED

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***** ***** 31744 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A SUPPLEMENTAL AGREEMENT

NO. 2 TO THE PROFESSIONAL SERVICE AGREEMENT WITH K FRIESE & ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES ON THE FM 150 WEST CORRIDOR PLAN (ARROYO RAND ROAD NORTHWEST TO RR 12) PROJECT IN HAYS COUNTY AS PART OF THE PARTNERSHIP PROGRAM

Joe Cantaloupo gave a brief overview on this project. The additional authorized money will allow for the execution of Work Authorization #2 for Phase II of the FM 150 West Character Plan and the development of a preliminary schematic. A motion was made by Commissioner Whisenant, seconded by Commissioner Conley to authorize the County Judge to execute a Supplemental Agreement No. 2 to the Professional Service Agreement with K Friese & Associates, Inc. for professional engineering services on the FM 150 West Corridor Plan (Arroyo Rand Road northwest to RR 12) project in Hays County as part of the Partnership Program. All voting “Aye”. MOTION PASSED 31745 CALL FOR A PUBLIC HEARING ON AUGUST 23, 2016 TO DISCUSS POSSIBLE

VACATE AND REPLAT OF LOTS 63 AND 64 IN MEDLIN CREEK SUBDIVISION AND LOT 3 IN RAISCH SUBDIVISION

The Raisch Subdivision was completed on January 19th, 2016 and Medlin Creek Subdivision on November 12th, 1985. The property owner of lots 63 and 64 within the Medlin Creek Subdivision and lot 3 in Raisch Subdivision built on top of property lines between the two subdivisions. The proposed vacate and replat will reconfigure these tracts from three lots into two lots, along with settling the property line issue. A motion was made by Commissioner Whisenant, seconded by Commissioner Ingalsbe to call for a public hearing on August 23, 2016 to discuss possible vacate and replat of Lots 63 and 64 in Medlin Creek Subdivision and Lot 3 in Raisch Subdivision. Commissioner Ingalsbe, Commissioner Jones, Commissioner Whisenant and Judge Cobb voting “Aye”. Commissioner Conley not present for vote. MOTION PASSED 31746 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN AGREEMENT WITH SWCA

ENVIRONMENTAL CONSULTANTS FOR ASSISTANCE WITH US ARMY CORPS OF ENGINEERS PERMIT SUBMITTAL FOR WORK RELATED TO THE NRCS EMERGENCY WATERSHED PROTECTION PROGRAM; AUTHORIZE THE COUNTY JUDGE TO EXECUTE ALL RELATED APPLICATION DOCUMENTS. AMEND THE BUDGET ACCORDINGLY

Hays County has entered an Interlocal Agreement with the Guadalupe-Blanco River Authority (GBRA) to participate in the Natural Resources Conservation Service (NRCS) Emergency Watershed Protection Program (EWP). The program goal is to remove debris from the Guadalupe-Blanco River basin from within Hays County. In order to work in the river, a permit from the U.S. Army Corps of Engineers is required. SWCA has been retained to assist the GBRA with permitting in the lower portions of the river basin. A motion was made by Commissioner Conley, seconded by Commissioner Whisenant to authorize the County judge to execute an agreement with SWCA Environmental Consultants for assistance with US Army Corps of Engineers permit submittal for work related to the NRCS Emergency Watershed Protection Program; authorize the County Judge to execute all related application documents. Amend the budget accordingly. All voting “Aye”. MOTION PASSED 31747 HOLD A PUBLIC HEARING AND CALL FOR A VOTE RELATED TO THE

IMPROVEMENTS NECESSARY FOR PUBLIC HEALTH, SAFETY, OR WELFARE OF RESIDENTS OF THE COUNTY FOR RIVER MOUNTAIN ROAD FROM RM 3237 TO THE CATTLE GUARD AT THE ENTRANCE OF THE RIVER MOUNTAIN RANCH SUBDIVISION (TOTAL OF 6,130 LINEAL FEET), WHICH SERVES THE FOX HOLE SUBDIVISION, THE WHITE WINGS SUBDIVISION, THE RIVER MOUNTAIN RANCH SUBDIVISION, AND THE HERMOSA PALOMA SUBDIVISION (NOW INCORPORATED INTO THE RIVER MOUNTAIN RANCH SUBDIVISION) IN PRECINCTS 3 AND 4 OF HAYS COUNTY, PURSUANT TO CHAPTER 253 OF THE TEXAS TRANSPORTATION CODE

Judge Cobb opened public hearing. Public input was received from Greg Germer – Hermosa Paloma Subd. Resident, Kirby Hicks – River Mountain Ranch POA spoke. Judge Cobb closed public hearing. General Counsel and the Director of Transportation will be in attendance to answer any questions of the Court or the public. The HOA of River Mountain Ranch appointed a roads committee that has been working on Chapter 253 proposals for some time. The Court held a public hearing on a more comprehensive proposal in June of this year. The proposal being considered in this Public Hearing (River Mountain Road only) has been refined to accommodate concerns over equity (as well as other legal concerns voiced by some residents).The Director of Transportation will be providing an updated estimate of cost for the improvements needed to bring the roadways up to County road standards. A motion was made by Commissioner Conley, seconded by Commissioner Whisenant to call for a vote related to the improvements necessary for public health, safety, or welfare of residents of the county for River Mountain Road from RM 3237 to the cattle guard at the entrance of the River Mountain Ranch subdivision (total of 6,130 lineal feet), which serves the Fox Hole Subdivision,

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***** ***** the White Wings Subdivision, the River Mountain Ranch Subdivision, and the Hermosa Paloma Subdivision (now incorporated into the River Mountain Ranch Subdivision) in Precincts 3 and 4 of Hays County, pursuant to Chapter 253 of the Texas Transportation Code. All voting “Aye”. MOTION PASSED Clerk’s Note – Court took a break at 9:48 a.m. and reconvened into open session at 10:01 a.m. ACTION REGARDING THE FY 2017 BUDGET INCLUDING A PRESENTATION OF THE JUDGE’S RECOMMENDED BUDGET AND THE SELECTION OF DATES FOR BUDGET WORKSHOPS Judge Cobb presented the recommended Budget for October 1, 2016 to September 30, 2017. Balanced budget to current Tax Rate - .4670; Capital Projects: $500k Misc Jail Improvements; $1M Civic Center Improvements; $1.5M Pct.3 Building Renovations; Capital Assets: $900k replacement Law Enforcement vehicles; $106k to upgrade District Court Room #7 to full functionality for Jury Trials; $222k for Capital Software to address Financial Transparency, County Wide custom reporting and electronic storage options; Personnel (includes fringe) $1.7M Market Placement for eligible Law Enforcement positions per Collective Bargaining Agreement (in negotiations); $587k for 3% Employee Merit Pool; $18k for Department Heads Merit Pool (-0- for Elected Officials); $969k for 24 new Full time positions and personnel changes; Average Home Values; General Fund & Road and Bridge Fund. The next Budget Workshops are schedule for August 16th & August 23, 2016 at 1:30 p.m. in the Hays County Commissioners Courtroom. WORKSHOP RELATED TO THE PROPOSED CRIMINAL JUSTICE / PUBLIC SAFETY FACILITIES TO INCLUDE THE HAYS COUNTY JAIL, 911 CALL CENTER, EMERGENCY OPERATIONS CENTER, LAW ENFORCEMENT CENTER AND TRAINING FACILITY AND THE POSSIBILITY OF A NOVEMBER 2016 BOND PROPOSITION RELATED THERETO Brenda Jenkins of ECM International, Inc. and Sheriff Gary Cutler spoke of Jail/Law Enforcement/Emergency Operations Center/Training Facility needs, Shannon Herklotz, Assistant Director Inspections and Jail Management with the Texas Commission of Jail Standards, District Attorney Wes Mau, and Chase Stapp, San Marcos Police Chief, all spoke in favor of a new Criminal Justice/Public Safety Facilities. Terry Whitman, Sr. Project Manager at ECM International, Jeff Brad of Turner Construction gave a PowerPoint presentation. The group presented 3 options for the Court’s consideration. The Court will bring this item back next week for the Court’s consideration. WORKSHOP RELATED TO THE PROPOSED TRANSPORTATION IMPROVEMENTS THROUGHOUT HAYS COUNTY AND THE POSSIBILITY OF A NOVEMBER 2016 BOND PROPOSITION RELATED THERETO Barbara Hopson – Wimberley resident spoke. Adam Leach, Assistant Director of Transportation and Laura Harris of HNTB spoke of proposed transportation improvements throughout Hays County. He spoke of proposed safety improvements, and bucket projects needed in each precinct. There were 3 options for the Court’s consideration. Proposed Priority Projects Options: Option 1 - $119.6 Million; Option 2 - $143.2 Million; Option 3 - $150 Million. This item will be brought back next week for the Court’s consideration. County Clerk’s Note Agenda Item #18 RE: EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.087 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH PROJECT TEXAS – was pulled County Clerk’s Note Agenda Item #19 RE: EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG GW HASCHKE LANE IN PCT 3 – was pulled County Clerk’s Note Agenda Item #20 RE: EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG PROPOSED FM110 IN PCT. 1 – was pulled DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY Judge Cobb gave the Hays County Jail Report. Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10% of capacity open. That lowers our capacity to 311. The jail’s daily average was 262 and peak was 275 on August 3rd for the week of July 31 to August 6, 2016. The maximum female capacity is 76 inmates. Last week’s average was 69 and peak was 77 on 8/3/2016. The maximum male capacity is 256 inmates. Last week’s average was 193 and peak was 198 on 8/3/2016. Inmate at Guadalupe County: 96; Inmate at Bastrop County: 30; Inmate at Caldwell County: 0; Inmate at Blanco County: 6; Inmate at Gillespie County: 15.

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***** ***** ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION Judge Cobb gave today’s Drought Index: 563. The Burn Ban will remain in effect. County Clerk’s Note Agenda Item #23 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, LAURA HARRIS, HNTB AND ALLEN CROZIER, HDR – was pulled A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to adjourn court at 1:08 p.m.

I, LIZ Q. GONZALEZ, COUNTY CLERK and EXOFFICIO CLERK OF THE COMMISSIONERS’

COURT, do hereby certify that the foregoing contains a true and accurate record of the

proceedings had by the Hays County Commissioners’ Court on August 9, 2016.

LIZ Q GONZALEZ, COUNTY CLERK AND EXOFFICIO

CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS

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AGENDA ITEM

Approve renewal of existing contract for IFB 2015-B10 Emulsion Oils for one (1) additional year.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Maiorka/Borcherding COBB N/A

SUMMARY 25B51B77B103B129B155B181B207B233B(See attached) All terms and conditions remain unchanged and in full force and effect as provided in original contract.

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AGENDA ITEM

Order the General Election to be held on November 8, 2016, in Hays County, Texas, for the purpose of electing the county and precinct officers as required by Article XVI, Section 65 of the Texas Constitution.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Cowan COBB N/A

SUMMARY 25B52B79B106B133B160B187B214B241BAn election is hereby ordered to be held on November 8, 2016, in Hays County, Texas, for the purpose of electing the following county and precinct officers as required by Article XVI, Section 65 of the Texas Constitution. 26B53B80B107B134B161B188B215B242BCounty Sheriff, County Tax Assessor Collector, Commissioner, Pct. 1, Commissioner, Pct. 3, Justice of Peace, Pct. 1, Pl. 1, Justice of the Peace, Pct. 1, Pl 2 Unexpired Term, Constable Pct. 1, Constable Pct. 2, Constable, Pct. 3, Constable Pct. 4 and Constable Pct. 5.

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ORDER OF GENERAL ELECTION (ORDEN DE ELECCION GENERAL)

An election is hereby ordered to be held on November 8, 2016, in Hays County, Texas, for the purpose of electing the following county and precinct officers as required by Article XVI, Section 65 of the Texas Constitution. (Por la presente se ordena que se lleve a cabo una elección el dia 6 de Noviembre, 2016, en el Condado de Hays, Texas, con el proposito de elegir los siguientes oficiales del condado y del precinto como requerido por el Articulo XVI, Sección 65, de la Constitución de Texas.) (List Offices) (Enúmere los puestos oficiales) County Sheriff, County Tax Assessor Collector, Commissioner, Pct. 1, Commissioner, Pct. 3, Justice of Peace, Pct. 1, Pl. 1,Justice of the Peace, Pct. 1, Place 2, unexpired term, Constable Pct. 1, Constable Pct. 2, Constable, Pct. 3, Constable Pct. 4 and Constable Pct. 5. Early voting by personal appearance will be conducted each weekday at: (La votación adelantada en persona se llevará a cubo de Lunes a Viernes en) 712 S. Stagecoach Trail, San Marcos, TX 78666 (location) (sito) Issued this the 16 day of August, 2016. (Emitada este dia 16 de Augusto, 2016.) __________________________________________________ Signature of County Judge (Firma del Juez del Condado)

between the hours of 8:00 a.m. and 5:00 p.m. beginning on October 24, 2016 and ending on November 4, 2016. (entre las 8:00 de la maňana y las 5:00 de la tarde empezando el 24 de Octubre 2016 y terminando el 4 de Noviembre 2016.) Applications for ballot by mail shall be mailed to: (Las solicitudes para boletas que se votarán adelantada por correo deberán enviiarse a) Joyce A. Cowan, Early Voting Clerk 712 S. Stagecoach Trail, Suite 1045 San Marcos, TX 78666 Applications for ballots by mail must be received no later than the close of business on October 28, 2016. (Las solicitudes para boletas que se votarán adelantada por correo deberán recibirse paara el fin de las horas de negocio el: 28 de Octubre 2016.

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AGENDA ITEM

Approve out of state travel for Erica Carpenter, Jennifer Courtney, & Melissa Pena to Chicago, IL to attend the CIS Managers training regarding the new CIS CAD System.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: BILL HERZOG


CUTLER COBB N/A

SUMMARY 25B51B77B103B129B155B181B207B233BThe Sheriff's Office is requesting approval to send Erica, Jennifer and Melissa to attend the CIS managers' portion of the CAD System starting August 22-28, 2016. The training is structured for managers to finalize procedures and errors in the system. CIS has agreed to fund all travel expenses for all three employees.

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AGENDA ITEM

Authorize the County Judge to accept and execute service agreement renewal with Appriss for the Victim Information and Notification Everyday (VINE) program for up to $27,715.32.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Hauff COBB N/A

SUMMARY 25B51B77B103B129B155B181B207B233BThe VINE program is administered by the Office of the Attorney General of Texas (OAG), to provide statewide automated system to provide crime victims with accurate and up to-to-date information and notification of county inmate status and court events. Appriss is the contract provider selected by the OAG to support the VINE program. Attached is the original maintenance renewal agreement in the amount of $27,715.32 to cover the costs for the renewal of services through August 31, 2017. This amount is funded through a grant from the OAG.

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Exhibit R-13 Maintenance Renewal Automated Victim Notification Services

Hays County Category: Pilot - Large

Subject to the terms and conditions included in the Agreement, this Exhibit R-13 Schedule of Payments shall describe the amount due to Appriss which will be paid quarterly by the Office of the Attorney General to Appriss on the County’s behalf as described in 4.3.5 of the Grant Contract.

Maintenance Amount. Customer shall pay Appriss a maintenance amount for the Renewal of Services

determined as follows. This Renewal will extend services through August 31, 2017.

Maintenance Amount as indicated above does not include “3rd Party Vendor Fees” 1 include booking system vendors, IT staff or other work that is associated with any booking system change not covered under the Vendor Certification. These services are considered additional costs and will be billed by the Certified Vendor directly to the entity. Unless approved by the OAG, in writing, in advance, the “3rd Party Vendor” may not be reimbursed by the OAG’s SAVNS grant program.

Jail Maintenance

Amount

District Court Maintenance

Amount

County Court Maintenance

Amount

Annual Maintenance

Amount (12 Months)

Quarterly Maintenance

Amount (4 Quarters)

# of Months

Through 8/31/17

Total Maintenance Amount Due

$23,765.16

$3,950.16

$0.00

$27,715.32

$6,928.83

12

Months

$27,715.32

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R-13 Service Agreement Renewal Notice DATE: August 1, 2016 CUSTOMER NAME: Hays County LOCATION: 111 East San Antonio Street, #300 San Marcos TX 78666

PROJECT TYPE: Hays County VINE Service ORIGINAL SERVICE AGREEMENT DATE: November 23, 2004 SERVICE AGREEMENT RENEWAL DATE: September 1, 2016 SERVICE AGREEMENT RENEWAL TERM: 12 Months NEXT SERVICE AGREEMENT RENEWAL DATE: August 31, 2017

PROJECT PRICING: $ $27,715.32 (Quarterly Amount $6,928.83) This Service Agreement Renewal Notice, unless specifically noted in the Contract Changes section below, extends all pricing, service terms and other contract provisions of the prior contract period. No interruptions in delivery of Service will occur in relations to this Service Agreement Renewal. The data transmitted will be used for victim notification, and may be used in applications for law enforcement, government, security, risk management, and fraud detection purposes. Contract Changes: None Special Note: Please refer to the “3rd Party Vendor Fees” referenced in the attached Exhibit R-13 Maintenance Renewal. This is not a contract change, but a reminder of costs that may be incurred when making booking system replacement and/or changes.

AUTHORIZATION: APPRISS, INC., BY: CUSTOMER BY:

8/01/2016 __________________________________ Signature Date Signature Date Thomas R. Seigle __________________________________ President Title Name

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margaret.buentello

Typewritten Text

Hays County Judge

margaret.buentello

Typewritten Text

margaret.buentello

Typewritten Text

margaret.buentello

Typewritten Text

Bert Cobb, M.D.

margaret.buentello

Typewritten Text

margaret.buentello

Typewritten Text

08-16-2016

margaret.buentello

Typewritten Text

margaret.buentello

Typewritten Text

margaret.buentello

Typewritten Text

margaret.buentello

Typewritten Text




AGENDA ITEM

Authorize the County Judge to accept and execute a Maintenance Contract from The Office of the Attorney General for statewide crime victim notification service (SAVNS) in the amount of $27,715.32.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Hauff COBB N/A

SUMMARY 25B51B77B103B129B155B181B207B233BThis grant contract is a statewide crime victim notification service (SAVNS) grant program. Automated victim notification systems have a direct benefit for the criminal justice system that provides an efficient manner for notification of victims in a system that is often overburdened and unable to fulfill its mandates. These systems allow victims, law enforcement, prosecutors, victim advocates and other criminal justice professionals to have immediate access to offender information. The contract period begins on September 1, 2016 through August 31, 2017. Attached is the SAVNS maintenance contract and is due to the OAG Office electronically by September 30, 2016.

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SAVNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL

AND HAYS COUNTY

OAG Contract No. 1770957

This contract is executed between the Office of the Attorney General (OAG) and Hays County (GRANTEE) for certain grant funds. The Office of the Attorney General and Hays County may be referred to in this contract individually as “Party” or collectively as “Parties.” SECTION 1. PURPOSE OF THE CONTRACT The purpose of the OAG Statewide Automated Victim Notification Service (SAVNS) grant program is to assist Texas counties and other entities in maintaining a statewide system that will provide relevant offender release information, notification of relevant court settings or events, promote public safety and support the rights of victims of crime. To ensure a standard statewide service to all interested entities, including GRANTEE, the OAG makes grant funds available for eligible expenses related to services delivered to GRANTEE by the vendor, certified by the OAG, to provide certain SAVNS services to the GRANTEE. The OAG published a Request for Offer (RFO) for Statewide Automated Victim Services May 15, 2013. After an evaluation of offers, the OAG identified and certified a single vendor to provide statewide automated victim notification services. The initial term of the Vendor Certification is from September 1, 2013 to August 31, 2015. The OAG exercised its option and extended the term until August 31, 2017. The Vendor Certification includes the offer to perform the “Requested Scope of Services—Statement of Work Requirements and Terms and Conditions Applicable to the Vendor Certification” as well as the Pricing Model as provided in the BAFO. The vendor certified to provide the services is Appriss, Inc., (“Certified Vendor”), a Kentucky corporation authorized to do business in Texas. SECTION 2. TERM OF THE CONTRACT This contract shall begin on September 1, 2016 and shall terminate August 31, 2017, unless it is terminated earlier in accordance with Section 6 of this contract. SECTION 3. GRANTEE’S CONTRACTUAL SERVICES 3.1. Grantee Services Agreement. GRANTEE will execute a “Services Agreement,” a contractual agreement, with the Certified Vendor to provide services consistent with the OAG Vendor Certification documents. The Services Agreement will include terms and conditions that

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are intended to provide the GRANTEE such rights and remedies as are necessary to ensure the delivery of the services from the Certified Vendor in accordance with the Scope of Services as stated in this contract and the OAG Vendor Certification documents. 3.2 Grantee Maintenance Plan. GRANTEE agrees to establish and follow a “Maintenance Plan.” The Maintenance Plan, at a minimum, will be designed to accomplish the following: make available offender information that is timely, accurate and relevant to support the SAVNS services; verify the Certified Vendors performance according to Services Agreement; satisfactorily discharge GRANTEE’s obligations as described in the Services Agreement; and identify and dedicate GRANTEE staff, resources and equipment necessary to maintain the SAVNS services in the Services Agreement. 3.3 GRANTEE Service Levels. In addition to other service levels that the GRANTEE may impose, GRANTEE will inspect, monitor and verify the performances required of the Certified Vendor as provided in the Services Agreement as well as this contract. GRANTEE will execute a Services Agreement or a Service Agreement (Renewal Notice) with the Certified Vendor, for the term of this contract. GRANTEE will verify that input data (the jail and court data elements used by the SAVNS system) is entered accurately and in a timely basis. GRANTEE will allow on-site monitoring visits to be conducted by OAG or its authorized representative. 3.4 Cooperation with Statewide Stakeholders. GRANTEE will reasonably cooperate with and participate in Statewide Stakeholder meetings and efforts to monitor and improve the SAVNS services on a statewide basis. GRANTEE may reasonably agree to designate third-parties to assist the OAG, GRANTEE and the other Statewide Stakeholders, in the overall monitoring, inspection and verification of the Certified Vendors performances. 3.5 Scope of Services. For the purpose of this contract, the requirements, duties and obligations contained in Section 3 of this contract are collectively referred to as the “Scope of Services”. As a condition of reimbursement, GRANTEE agrees to faithfully, timely, and in a good and workman-like manner implement and maintain the services in compliance with the Scope of Services. GRANTEE shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of its SAVNS program. SECTION 4. GRANTEE’S OBLIGATIONS AND REQUIRED REPORTS 4.1 General Matters

4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall forward to the OAG the applicable reports on forms as specified by the OAG. GRANTEE shall ensure that it files each document or form required by the OAG in an accurate and timely manner. Unless filing dates are given herein, all other reports and other documents that GRANTEE is required to

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forward to the OAG shall be promptly forwarded. From time to time, the OAG may require additional information from GRANTEE. 4.1.2 Cooperation; Additional Information. GRANTEE shall cooperate fully with the OAG. In addition to the information contained in the required reports, other information may be required as requested by the OAG. 4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant Contact. GRANTEE shall submit within ten (10) business days notice to the OAG of any change of the following: GRANTEE’s name; contact information; key personnel, officer, director or partner; organizational structure; legal standing; or authority to do business in Texas. GRANTEE shall promptly notify the OAG, preferably in advance, of a change in address or main telephone number of GRANTEE. A change in GRANTEE’s name requires an amendment to the contract. To change an Authorized Official, GRANTEE must submit a written request on GRANTEE’s letterhead, with an original signature of someone with authority to act on behalf of GRANTEE. To change Grant Contact, GRANTEE must submit a written request on GRANTEE’s letterhead signed by an Authorized Official. 4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its governing body shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of the organization including financial and programmatic policies and procedures. Such fiscal and programmatic management shall include but is not limited to the following: accountability for all funds and materials received from the OAG; compliance with OAG rules, policies and procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-evaluation and/or the OAG's monitoring processes. Ignorance of any contract provisions or other requirements referenced in this contract shall not constitute a defense or basis for waiving or failing to comply with such provisions or requirements. GRANTEE shall develop, implement, and maintain appropriate financial management and control systems. The systems must include budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; accurate and complete payroll, accounting, and financial reporting records; cost source documentation; effective internal and budgetary controls; allocation of costs; and timely and appropriate audits and resolution of any findings and applicable annual financial statements, including statements of financial position, activities, and cash flows, prepared on an accrual basis in accordance with Generally Accepted Accounting Principles (GAAP) or other recognized accounting principle. 4.1.5 Security and Confidentiality of Records. GRANTEE shall establish a method to secure the confidentiality of records required to be kept confidential by applicable federal or state law, rules or regulations. This provision shall not be construed as limiting the OAG’s access to such

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records and other information. 4.1.6 Public Information Act. GRANTEE acknowledges that information, documents, and communications created or exchanged in the provision of services required by this contract may be subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code, and may be subject to required disclosure in a publicly-accessible format pursuant to Section 2252.907 of the Texas Government Code. 4.2 Programmatic Reports

4.2.1 Service Reports. GRANTEE shall submit service delivery reports, programmatic performance reports and other reports, in the appropriate format and on a timely basis, as established by the OAG. GRANTEE will submit other reports as requested by the OAG. 4.2.2 Written Explanation of Variance. GRANTEE is required to provide a written explanation to the OAG on the quarterly statistical report for any year-to-date performance that varies from projected performance. In addition to the written explanation, GRANTEE shall promptly answer any questions of the OAG, whether in writing or otherwise, in connection with the quarterly and annual reports presented to the OAG. 4.2.3 Other Program Reports. GRANTEE shall cooperate fully in any social studies, fiscal or programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered by GRANTEE, which may be conducted by the OAG or its designees. GRANTEE shall submit service delivery reports required by the contract or self-evaluations of performance and other reports requested by the OAG in appropriate format and on a timely basis and make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the OAG or its designees. 4.2.4 “Problem Log.” GRANTEE shall establish a “Problem Log” that records all problems noted with the SAVNS system, including, but not limited to, system down time, system outages, and equipment failure. The Problem Log will provide when the problem was identified, to whom the problem was referred, steps taken to resolve the problem and when the problem was resolved. 4.3 Financial Matters

4.3.1 Annual Budgets. With regard to the use of funds pursuant to this contract, GRANTEE will immediately review the budget for the fiscal year and the allowable expenditures, as shown on Exhibit A. 4.3.2 Requests for Reimbursement. REFER TO SECTION 4.3.5. FOR MORE INFORMATION ON REIMBURSEMENT RIGHTS AND PROCESSES - GRANTEE agrees to allow the OAG to pay the Certified Vendor directly, instead of the GRANTEE, for any reimbursements due the GRANTEE under this contract. OAG grant funds are paid on a

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cost reimbursement basis. Any payments made by the OAG shall not exceed the actual and allowable allocable costs of GRANTEE to obtain services from the Certified Vendor for services within the “scope of services” of this contract. GRANTEE will submit to the OAG requests for reimbursement for the actual and allowable allocable costs incurred by GRANTEE to obtain services from the Certified Vendor for services within the “scope of services” of this contract. GRANTEE is responsible for submitting its invoices to the OAG in an accurate and timely manner. The requests for reimbursement must be accompanied by supporting documentation as required by the OAG. The OAG may from time to time require different or additional supporting documentation. 4.3.3 Fiscal Year End Required Reports. On or before October 15, 2016, GRANTEE will submit fiscal year end required reports.

a. Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for the prior fiscal year.

b. Equipment Inventory Report. GRANTEE will submit an Equipment Inventory Report

which provides a record of the current inventory of items purchased, disposed of, replaced or transferred for any equipment that was purchased with grant funds.

4.3.4 Annual Independent Financial Audit Report. Unless otherwise noted on Exhibit B (Special Conditions), GRANTEE shall timely submit to the OAG a copy of its annual independent financial audit The timely submission to the OAG is on or before nine (9) months after the end of GRANTEE’s accounting year. Unless, otherwise noted on Exhibit B (Special Conditions), GRANTEE will contract with an independent CPA firm to perform an annual financial audit engagement. If applicable, GRANTEE’s independent CPA firm will determine the type of annual financial audit, which may include a compliance attestation in accordance with the requirements of 2 CFR Part 200 titled Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and/or Texas Single Audit Circular (Single Audit or non-Single Audit financial audit). If applicable, GRANTEE will provide the OAG with any and all annual independent financial audits or audited financial statements, related management letters, and management responses of GRANTEE. 4.3.5 Assignment Of Rights Of Payment And Reimbursement Details. THE FOLLOWING PROVISIONS SPECIFICALLY APPLY TO THIS CONTRACT:

a. GRANTEE agrees to allow the OAG to pay the Certified Vendor directly, instead of the GRANTEE, for any reimbursements due the GRANTEE under this contract. GRANTEE EXPRESSLY ASSIGNS ANY AND ALL RIGHTS OF PAYMENT UNDER THIS CONTRACT TO THE CERTIFIED VENDOR.

b. The Certified Vendor will send its “Service Agreement Renewal Notice” (or other

similar document) and invoice (either annually or quarterly which detail the amount due

61

for each quarter) to GRANTEE by September 1, 2016. The Certified Vendor will notify the OAG within twenty (20) days of the notices being sent that they were sent.

c. GRANTEE shall submit an invoice to the OAG for the prior quarter by the fifth

(5th) of the next month following the end of each quarter. The quarters for FY2017 end on November 30, February 28, May 31, and August 31. GRANTEE shall include verification with its invoice to the OAG stating that the GRANTEE received the services from the Certified Vendor during the preceding quarter.

d. The OAG will forward to the Certified Vendor the payments due to the GRANTEE

from the OAG for services provided by the Certified Vendor as required by this contract. e. The OAG will only pay a quarterly reimbursement payment in arrears after

verification from the GRANTEE that services from the Certified Vendor were provided. f. The OAG will process and forward payments to the Certified Vendor each quarter

during FY2017 for invoices received from the GRANTEE that include the appropriate verification along with its invoice. The quarterly payment will be made for invoices received by the OAG by the fifth (5th) day of the month following the end of the quarter, as defined above. The payment will be generated no later than the thirtieth (30th) day after the fifth (5th) day of the month following the end of the quarter, as defined above. If an invoice is submitted after the fifth (5th) day of the month following the end of the quarter, the invoice may not be paid until the next quarter, as defined above. The OAG will follow up at least once with any GRANTEE that has not returned its paperwork by the designated deadline for any quarter. The OAG will contact the GRANTEE by the tenth (10th) day of the next month following the end of each quarter.

g. If the GRANTEE does not submit the required invoice and verification prior to the

quarterly deadline defined above, the OAG will process payment in accordance with Section 4.3.5(f).

h. If GRANTEE does not submit the required invoice and verification to the OAG

within forty-five (45) days of the next month following the end of any quarter, the OAG will determine what steps will be taken next, including placing the grant contract on financial hold or terminating the grant contract. If an OAG grant contract is placed on financial hold or terminated, the GRANTEE remains responsible for any contractual obligation it has with Certified Vendor. The OAG will not be responsible for collection efforts on behalf of the Certified Vendor.

4.3.6 Close Out Invoice GRANTEE shall submit a final invoice not later than the earlier of (1) forty-five (45) calendar days after termination of this contract; or (2) forty-five (45) calendar days after the end of each state fiscal year.

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4.3.7 Refunds and Deductions. If the OAG determines that an overpayment of grant funds under this contract has occurred, such as payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, the OAG may seek a refund from GRANTEE and/or the Certified Vendor. The OAG may offset and deduct the amount of the overpayment from any amount due to be paid, but not yet paid by the OAG under this contract. The OAG may choose to require a payment directly from GRANTEE and/or the Certified Vendor rather than offset and deduct a specified amount. GRANTEE and/or the Certified Vendor shall refund any overpayment to the OAG within thirty (30) calendar days of the receipt of the notice of the overpayment from the OAG unless an alternate payment plan is specified by the OAG. 4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination. GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment purchased with contract funds. GRANTEE shall permanently identify all equipment purchased under this contract by appropriate tags or labels affixed to the equipment. GRANTEE shall maintain a current inventory of all equipment, which shall be available to the OAG at all times upon request, however, as between the OAG and Grantee title for equipment will remain with Grantee. GRANTEE will maintain, repair, and protect all equipment purchased in whole or in part with grant funds under this contract so as to ensure the full availability and usefulness of such equipment. In the event GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the equipment purchased under this contract, it shall use the proceeds to repair or replace said equipment. 4.3.9 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. After the direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number System by the State Comptroller's Office, payment will be remitted by direct deposit and the OAG will discontinue providing GRANTEE with copies of reimbursement vouchers. SECTION 5. OBLIGATIONS OF OAG 5.1 Monitoring. The OAG is responsible for closely monitoring GRANTEE to ensure the effective and efficient use of grant funds to accomplish the purposes of this contract. 5.2 Maximum Liability of OAG. The maximum liability of the OAG is contained in the attached Exhibit A. Any change to the maximum liability must be supported by a written amendment to this contract. 5.3 Payment of Authorized Costs. In accordance with the terms of this contract, the OAG will pay costs pursuant to this contract. The OAG is not obligated to pay unauthorized costs.

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5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an entitlement or right. Reimbursement depends, among other things, upon strict compliance with all terms, conditions and provisions of this contract. The OAG and GRANTEE agree that any act, action or representation by either party, their agents or employees that purports to increase the maximum liability of the OAG is void, unless a written amendment to this contract if first executed. GRANTEE agrees that nothing in this contract will be interpreted to create an obligation or liability of the OAG in excess of the funds delineated in this contract. 5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the actual receipt by the OAG of grant funds (state and/or federal) appropriated to the OAG. GRANTEE agrees that the grant funds, if any, received from the OAG are limited by the term of each state biennium and by specific appropriation authority to and the spending authority of the OAG for the purpose of this contract. GRANTEE agrees that notwithstanding any other provision of this contract, if the OAG is not appropriated the funds or if the OAG does not receive the appropriated funds for this grant program, or if the funds appropriated to the OAG for this grant program are required to be reallocated to fund other state programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance on this contract. SECTION 6. TERMINATION 6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this contract, without recourse, liability or penalty, upon thirty (30) calendar days notice to the other Party. 6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an obligation of the terms, conditions and provisions of this contract, the OAG may, upon written notice of the breach to GRANTEE, immediately terminate all or any part of this contract. 6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this contract. Termination of this contract for any reason or expiration of this contract shall not release the Parties from any liability or obligation set forth in this contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination. The following terms and conditions, (in addition to any others that could reasonably be interpreted to survive but are not specifically identified), survive the termination or expiration of this contract: Sections 4, 5, 7, 11 and 12. 6.4 Refunds to OAG by GRANTEE. If the GRANTEE terminates for convenience under Section 6.1, or if the OAG terminates under Sections 6.1 or 6.2 before the purpose of this contract is accomplished, then the OAG may require the GRANTEE and/or the Certified Vendor to refund

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all or some of the grant funds paid under this contract, for the funds representing the number of months of SAVNS services previously invoiced and paid by the OAG under this contract. 6.5 Notices to Certified Vendor. Any termination of this contract will also be forwarded by the terminating party to the Certified Vendor. SECTION 7. AUDIT RIGHTS; RECORDS RETENTION 7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records that enable the OAG to verify all reporting measures and requests for reimbursements related to this contract. GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG's auditor, the State Auditor’s Office or other auditors of the State of Texas, the federal government, or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this contract. 7.2 Records Retention. GRANTEE shall maintain and retain records for a period of seven (7) years after the contract is completed or expires, or all issues that arise from any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the contract or documents are resolved. The records include, but may not be limited to, the contract, any contract solicitation documents, any documents that are necessary to fully disclose the extent of services provided under this contract, any daily activity reports and time distribution and attendance records and other records that may show the basis of the charges made or performances delivered. 7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability for all reporting measures and requests for reimbursement. Audit trails maintained by GRANTEE will, at a minimum, identify the supporting documentation prepared by GRANTEE to permit an audit of its systems. GRANTEE’s automated systems, if any, must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. 7.4 Access and Audit. At the request of the OAG, GRANTEE shall grant access to and make available all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this contract, compliance with applicable state or federal laws and regulations, and the operation and management of GRANTEE to the OAG or its designees for the purposes of inspecting, auditing, or copying such items. GRANTEE will direct any other entity, person, or contractor receiving funds directly under this contract or through a subcontract under this contract to likewise permit access to, inspection of, and reproduction of all books, records, and other relevant information of the entity, person, or contractor(s) that pertain to this contract. All records, books, documents, accounting procedures, practices, and any other items, in whatever form, relevant to the performance of this contract, shall be subject to examination or audit. Whenever practical as determined at the sole discretion of the OAG, the

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OAG shall provide GRANTEE with up to five (5) business days advance notice of any such examination or audit. 7.5 State Auditor. In addition to and without limitation on the other audit provisions of this contract, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor’s Office may conduct an audit or investigation of GRANTEE or any other entity or person receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by GRANTEE or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor’s Office, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit Committee, GRANTEE or another entity that is the subject of an audit or investigation by the State Auditor’s Office must provide the State Auditor’s Office with access to any information the State Auditor’s Office considers relevant to the investigation or audit. GRANTEE further agrees to cooperate fully with the State Auditor’s Office in the conduct of the audit or investigation, including providing all records requested. GRANTEE shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through GRANTEE and the requirement to cooperate is included in any subcontract it awards. The State Auditor’s Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of GRANTEE related to this contract. 7.6 Location. Any audit of records shall be conducted at GRANTEE’s principal place of business and/or the location(s) of GRANTEE's operations during GRANTEE's normal business hours. GRANTEE shall provide to OAG or its designees, on GRANTEE's premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) private space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities and office-related equipment and duplicating services as OAG or its designees may reasonably require to perform the audits described in this contract. SECTION 8. SUBMISSION OF INFORMATION TO THE OAG The OAG will designate methods for submission of information to the OAG by GRANTEE. The OAG generally requires submission of information via email or hard copy format. Some reporting requirements must occur via the internet and/or a web-based data collection method. 8.1 Programmatic Reports, Notices and Information (excluding Financial Reports). All

quarterly statistical reports, annual performance reports, correspondence, and any other reports, notices or information, except financial reports specified below, must be submitted via email to:

[email protected]

If requested or approved by the OAG, other programmatic reports may be submitted to:

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Program Manager – Contracts and Asset Management Division Office of the Attorney General Mail Code 005 Post Office Box 12548 Austin, Texas 78711-2548 8.2 Financial Reports (excluding Programmatic Reports, Notices and Information). All financial status reports, requests for reimbursement, audits, and inventory reports, must be submitted in hard copy format to: Financial Manager – Contracts and Asset Management Division Office of the Attorney General Mail Code 005 Post Office Box 12548 Austin, Texas 78711-2548 The Annual Independent Financial Audit and related documents, as well as any other reports, if requested or approved by the OAG, may be submitted to:

[email protected]

SECTION 9. CORRECTIVE ACTION PLANS AND SANCTIONS The Parties agree to make a good faith effort to identify, communicate and resolve problems found by either the OAG or GRANTEE. 9.1 Corrective Action Plans. If the OAG finds deficiencies in GRANTEE’s performance under this contract, the OAG, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan: increase of monitoring visits; require additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices; reduce the contract amount; and/or terminate this contract. The foregoing are not exclusive remedies, and the OAG may impose other requirements that the OAG determines will be in the best interest of the State. 9.2 Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information may result in the OAG, at its sole discretion, placing GRANTEE on immediate financial hold without further notice to GRANTEE and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If GRANTEE is placed on financial hold, the OAG, at its sole discretion, may deny reimbursement requests associated with expenses incurred during the time GRANTEE was placed on financial hold.

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9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose other sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may impose sanctions, including, but not limited to, withholding or suspending funding, offsetting previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing funding, terminating this contract and/or any other appropriate sanction. 9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or sanctions, GRANTEE remains responsible for complying with the contract terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this contract. SECTION 10. GENERAL TERMS AND CONDITIONS 10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, Code of Federal Regulations (CFR) and Other Relevant Authorities. GRANTEE agrees to comply with all applicable federal and state laws, rules and regulations, directives, guidelines, 2 CFR Part 200, and any other authorities relevant to the performance of GRANTEE under this contract. 10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and State Certifications and Assurances. GRANTEE agrees to comply with applicable laws, executive orders, regulations and policies as well as Texas Government Code, Chapter 783, and the Uniform Grant Management Standards (UGMS). Further, GRANTEE agrees to comply with the applicable OAG Certifications and Assurances, as contained in the Application Kit, including, but not limited to, the equal employment opportunity program certification, disclosure and certification regarding lobbying, non-procurement debarment certification, drug-free workplace certification, annual single audit certification, compliance with annual independent financial audit filing requirement, compliance with UGMS and the applicable 2 CFR Part 200, return of grant funds in the event of loss or misuse, and conflict of interest. 10.3 Generally Accepted Accounting Principles or Other Recognized Accounting Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by GRANTEE and agreed to by the OAG, in advance. GRANTEE shall follow OAG fiscal management policies and procedures in processing and submitting requests for reimbursement and maintaining financial records related to this contract. 10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given, or offered to give, nor does GRANTEE intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of the OAG, at any time during the negotiation of this contract or in connection with this contract, except as allowed under relevant state or federal law. GRANTEE will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of a personal or organizational conflict of interest or personal gain.

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GRANTEE will operate with complete independence and objectivity without an actual, potential or apparent conflict of interest with respect to its performance under this contract. GRANTEE must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to its performance under this contract. 10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this contract and currently is in good standing with all regulatory agencies that regulate any or all aspects of GRANTEE’s business or operations. GRANTEE agrees to remain in good standing with the Texas Secretary of State, the Texas Comptroller of Public Accounts and federal governmental bodies related to GRANTEE’s right to conduct its business in Texas. GRANTEE agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance or state or federal laws. SECTION 11. SPECIAL TERMS AND CONDITIONS

11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. GRANTEE expressly agrees that it is an independent contractor and under no circumstances shall any owner, incorporator, officer, director, employee, or volunteer of GRANTEE be considered a state employee, agent, servant, joint venturer, joint enterpriser or partner of the OAG or the State of Texas. GRANTEE agrees to take such steps as may be necessary to ensure that each contractor of GRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of the OAG. All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of GRANTEE’s contractors shall be considered to be solely the employees or agents of GRANTEE or GRANTEE’s contractors. GRANTEE or GRANTEE’s contractors shall be responsible for ensuring that any and all appropriate payments are made, such as unemployment, workers compensation, social security, any benefit available to a state employee as a state employee, and other payroll taxes for such persons, including any related assessments or contributions required by law. GRANTEE or contractors are responsible for all types of claims whatsoever due to actions or performance under this contract, including, but not limited to, the use of automobiles or other transportation by its owners, incorporators, officers, directors, employees, volunteers or any third parties. To the extent allowed by law, GRANTEE and/or contractors will indemnify and hold harmless the OAG and/or the State of Texas from and against any and all claims arising out of actions or performance of GRANTEE OR GRANTEE’s contractors under this contract. To the extent allowed by law, GRANTEE agrees to indemnify and hold harmless the OAG and/or the State of Texas from any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses, that arise from or are occasioned by the negligence, misconduct, or wrongful act or omission of GRANTEE, its employees, representatives, agents, or subcontractors in their performance under this

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contract. 11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or indirectly in any media release, public service announcement or public service disclosure relating to this contract or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining written consent from the OAG. This section is not intended to and does not limit GRANTEE’s ability to comply with its obligations and duties under the Texas Open Meetings Act and/or the Texas Public Information Act. 11.3 Intellectual Property. GRANTEE understands and agrees that where funds obtained under this contract may be used to produce original books, manuals, films, or other original material and intellectual property, GRANTEE may copyright such material subject to the royalty-free, non-exclusive, and irrevocable license which is hereby reserved by the OAG and granted by GRANTEE to the OAG or the state (or federal government, if federal funds are expended in this grant) government. The OAG is granted an unrestricted right to use, copy, modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate at its sole discretion, any component of such intellectual property made the subject of this contract. 11.4 Program Income. Gross income directly generated from the grant funds through a project or activity performed under this contract is considered program income. Unless otherwise required under the terms of this contract, any program income shall be used by GRANTEE to further the program objectives of the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which it was generated. GRANTEE shall identify and report this income in accordance with the OAG’s reporting instructions. GRANTEE shall expend program income during this contract term; program income not expended in this contract term shall be refunded to the OAG. 11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this contract. 11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of the State of Texas. 11.7 No Subcontracting or Assignment Without Prior Written Approval of OAG. OTHER THAN AS SPECIFICALLY ALLOWED IN THIS CONTRACT IN THAT GRANTEE UNDERSTANDS AND AGREES TO ASSIGN ITS RIGHT TO RECEIVE ANY AND ALL REIMBURSEMENT PAYMENTS TO THE CERTIFIED VENDOR, GRANTEE may not subcontract or assign any of its rights or duties under this contract without the prior written approval of the OAG. It is within the OAG’s sole discretion to approve any subcontracting or assignment.

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11.8 No Grants to Certain Organizations. GRANTEE confirms by executing this contract that it does not make contributions to campaigns for elective office or endorse candidates. 11.9 No Waiver of Sovereign Immunity. The Parties agree that no provision of this contract is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have by operation of law. 11.10 Governing Law; Venue. This contract is made and entered into in the State of Texas. This contract and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Except where state law establishes mandatory venue, GRANTEE agrees that any action, suit, litigation or other proceeding (collectively “litigation”) arising out of or in any way relating to this contract shall be commenced exclusively in the Travis County District Court or the United States District Court in the Western District, Austin Division, and to the extent allowed by law, hereby irrevocably and unconditionally consents to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or defending such litigation. GRANTEE hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that GRANTEE is not personally subject to the jurisdiction of the above-named courts; the suit, action or proceeding is brought in an inconvenient forum; and/or the venue is improper. 11.11 U.S. Department of Homeland Security’s E-Verify System. GRANTEE will ensure that it utilizes the U.S. Department of Homeland Security’s E-Verify system to determine the eligibility of any new employee hired after the effective date of this agreement who will be working on any matter covered by this agreement. 11.12 Special Conditions. Exhibit B is attached and incorporated herein, and applicable to this contract. If any Special Conditions are imposed by the OAG, those provisions will be reflected on the attached Exhibit B. SECTION 12. CONSTRUCTION OF CONTRACT AND AMENDMENTS 12.1 Construction of Contract. The provisions of Section 1 are intended to be a general introduction to this contract. To the extent the terms and conditions of this contract do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this contract. 12.2 Entire Agreement, including All Exhibits. This contract, including all exhibits, reflects the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations (verbal or written), directives, guidance, assistance, understandings or agreements between the Parties related to such subject matter. By executing this contract, GRANTEE agrees to strictly comply with the requirements and obligations of this contract, including all exhibits.

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12.3 Amendment. This contract shall not be modified or amended except in writing, signed by both parties. Any properly executed amendment of this contract shall be binding upon the Parties and presumed to be supported by adequate consideration. 12.4 Partial Invalidity. If any term or provision of this contract is found to be illegal or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The illegal or invalid provision shall be deemed severable and stricken from the contract as if it had never been incorporated herein, but all other provisions shall continue in full force and effect. 12.5 Non-waiver. The failure of any Party to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of that party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this contract shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this contract. 12.6 Official Capacity. The Parties stipulate and agree that the signatories hereto are signing, executing and performing this contract only in their official capacity. OFFICE OF THE ATTORNEY GENERAL

HAYS COUNTY

_____________________________ _________________________________ Printed Name: _________________ Printed Name: _____________________ Office of the Attorney General Authorized Official

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margaret.buentello

Typewritten Text

margaret.buentello

Typewritten Text

margaret.buentello

Typewritten Text

margaret.buentello

Typewritten Text

margaret.buentello

Typewritten Text

margaret.buentello

Typewritten Text

margaret.buentello

Typewritten Text

Bert Cobb, M.D.

margaret.buentello

Typewritten Text


AND HAYS COUNTY


EXHIBIT A

Population Size: Large The total liability of the OAG for any type of liability directly or indirectly arising out of this contract and in consideration of GRANTEE’S full, satisfactory and timely performance of all its duties, responsibilities, obligations, liability, and for reimbursement by the OAG for expenses, if any, as set forth in this contract or arising out of any performance herein shall not exceed the following:

Event Cost for Jail Cost for Courts Maximum Number of

Months

Total Grant Funds

SHALL NOT EXCEED

Standard

Maintenance Phase

$23,765.16 $3,950.16 12 $27,715.32

AS PROVIDED BY THIS CONTRACT, GRANTEE SPECIFICALLY UNDERSTANDS AND AGREES TO ASSIGN ITS RIGHT TO RECEIVE ANY AND ALL REIMBURSEMENT PAYMENTS UNDER THIS CONTRCT TO THE CERTIFIED VENDOR. The maximum number of months is provided above. The OAG is not obligated to pay for services prior to the commencement or after the termination of this contract.

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AND HAYS COUNTY


EXHIBIT B

SPECIAL CONDITIONS

Special Conditions are imposed by the OAG, at its sole discretion. In addition to the ones identified in this exhibit to this contract, the OAG may, at its sole discretion, impose additional special conditions, with or without notice, without amending this contract. The OAG is placing GRANTEE on immediate financial hold, without further notice, until all Special Conditions, if any, listed in this Exhibit are met. The following Special Conditions apply to this contract:

None

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AGENDA ITEM

Approval to hold an online auction with Rene Bates Auctioneers (www.renebates.com.) to dispose of surplus property pursuant to Texas Local Government Code 263.152 and authorize Purchasing to advertise. Auction will start August 18th and end September 1st.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Maiorka/Herzog COBB N/A

SUMMARY 25B51B77B103B129B155B181B207B233B(A complete list of items and pictures will be available in the Purchasing Office. Instructions are available on the website on how to register for placing bids. (www.renebates.com)

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http://www.renebates.com/




AGENDA ITEM

Approve and confirm the appointments of Alice Flores and Greg Grumbles as Deputy Constables and Michael Varela as Reserve Deputy in the Hays County Constable Precinct 1 Office.


CONSENT August 16, 2016 N/A

LINE ITEM NUMBER N/A

AUDITOR USE ONLY

AUDITOR COMMENTS:



Constable David Peterson INGALSBE N/A

SUMMARY 27B56B85B114B143B172B201B230B259BPursuant to Local Government Code Chapter 86 Subchapter B 86.011 (a) The Commissioner's Court shall approve 28B57B86B115B144B173B202B231B260Band confirm the appointment of a Deputy Constable.

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AGENDA ITEM

Authorize the Development and Community Services Director and General Counsel to negotiate a contract with JB Construction for modifications in the Precinct 2 Tax office; authorize the County Judge to execute the completed contract.


CONSENT August 16, 2016 NTE $35,975

LINE ITEM NUMBER 001-645-00.5741

AUDITOR USE ONLY

AUDITOR COMMENTS:



GARZA JONES N/A

SUMMARY 27B55B83B111B139B167B195B223B251BOn May 10, 2016, Commissioners Court authorized pre-construction services including architectural work for proposed modifications to the Precinct 2 Tax office. The design work has been completed and staff has obtained 3 bids for work at the facility.

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AGENDA ITEM

Discussion and possible action to consider the release of the maintenance bond #1088911 in the amount of $264,000.00, and acceptance of the roads into the county road system for Mustang Valley subdivision, Sec. 6.


ACTION-ROADS August 16, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding CONLEY N/A

SUMMARY 25B51B77B103B129B155B181B207B233BStaff recommends acceptance of the roads into the county road system. The Transportation Department has inspected and approved the punch list repairs. Roads include: the remainder of Toro Pass (2,570 ft.), making the total length of Toro Pass under county maintenance to be 6,535 ft.

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1:24000Aug 10, 2010

78

780 2,000 4,0001,000

Feet

0 10.5Miles

60 61 627779

94 95 96

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AGENDA ITEM

Discussion and possible action to consider the acceptance of road construction and drainage improvements, and release of the construction cash bond in the amount of $1,495,563.41 for Driftwood subdivision, Ph. 1, Sec. 1.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding WHISENANT N/A

SUMMARY 25B51B77B103B129B155B181B207B233BStaff recommends acceptance of construction of roads and drainage improvements within the ROW. The Road Department has inspected and approved the improvements. These will be privately maintained roads.

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AGENDA ITEM

Discussion and possible action to consider the acceptance of the roads into the county road system, release the maintenance bond #1026429 in the amount of $46,709.75 for Reunion Ranch subdivision Ph. 1C.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding WHISENANT N/A

SUMMARY 25B51B77B103B129B155B181B207B233BStaff recommends acceptance of the roads into the county road system. The Transportation Department has inspected and approved the punch list repairs. Roads include: Jayne Cove (1,576 ft.).

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GOLDENWOOD

1:24000Aug 10, 2010

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370 2,000 4,0001,000

Feet

0 10.5Miles

26 273638

49 50 51

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AGENDA ITEM

Discussion and possible action to consider the acceptance of road construction and drainage improvements, release of the construction bond #K09324653 for $441,440.74, and acceptance of the maintenance bond #1048974 in the amount of $30,764.84 for a 2-year period for Shadow Creek subdivision, Phase 7, Sec. 3.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding JONES N/A

SUMMARY 25B51B77B103B129B155B181B207B233BStaff recommends acceptance of construction of roads and drainage improvements within the County ROW, and all regulatory signage as posted. The Transportation Department has inspected and approved the improvements.

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AGENDA ITEM

Discussion and possible action to consider the acceptance of the roads into the county road system, and release the maintenance bond # PRF9118462MNT in the amount of $126,704.75 for Rim Rock subdivision, Ph. 2, Sec. 4.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding JONES N/A

SUMMARY 25B51B77B103B129B155B181B207B233BStaff recommends acceptance of the roads into the county road system. The Transportation Department has inspected and approved the punch list repairs. Roads include: Bristlecone Drive (2,393 ft.), Honey Locust Court (987 ft.), Spanish Moss Cove (232 ft.), Diamondwood Court (942 ft.), and Sad Willow Pass (2,829 ft.).

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AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute an Interlocal Cooperation Agreement between Hays County and the City of San Marcos related to access to the City's Police CAD/RMS/Mobile Client System.


ACTION-MISCELLANEOUS August 16, 2016 $3,000/year


AUDITOR USE ONLY

AUDITOR COMMENTS:



CARPENTER/CUTLER COBB N/A

SUMMARY 27B55B83B111B139B167B195B223B251BSee the attached ILA. Additional information may be provided in Court.

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INTERLOCAL COOPERATION AGREEMENT BETWEEN HAYS COUNTY AND THE CITY OF SAN MARCOS FOR ACCESS TO THE CITY’S POLICE

CAD/RMS/MOBILE CLIENT SYSTEM

STATE OF TEXAS § § § COUNTY OF HAYS § This Interlocal Cooperation Agreement (the “Agreement”) is between the City of San Marcos, Texas (the “City”), a municipal corporation located in Hays County and Hays County (the “County”) (collectively the City and the County, referred to as the “Parties”, or singularly as a “Party”), acting by and through their authorized representatives.

RECITALS: WHEREAS, Chapter 791 of the Texas Government Code authorizes all local governments to contract with each other to perform governmental functions or services including administrative functions normally associated with the operation of government such as purchasing of necessary equipment, supplies and services and the Parties enter into this Agreement in accordance with Chapter 791; WHEREAS, the City currently possesses dedicated computer servers and disk storage collectively (the “Server Storage Equipment”) dedicated to Computer Aided Dispatch/Record Management System/Mobile Client Software which stores and manages all City records related to the San Marcos Police Department’s (“SMPD”) CAD/RMS/Mobile Client System (the “SMPD System”); and WHEREAS, the County desires to access and store data on the SMPD System and will compensate the City for these services; and NOW, THEREFORE, upon and for the mutual consideration stated herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

ARTICLE I – DEFINITIONS For purposes of this Agreement, each of the following terms will have the meaning set forth herein unless the context clearly indicates otherwise: 1.1 CAD/RMS/Mobile Client (Computer Aided Dispatch/Records Management

System/Mobile Client) means the licensed software and hardware used by the SMPD and the County to utilize the SMPD System and manage records generated and stored for various law enforcement and public safety purposes.

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1.2 Criminal Justice Information Systems (“CJIS”) means the requirements and standards for computer and data security promulgated by the Federal Bureau of Investigation and adopted or required by the Texas Department of Public Safety for access to certain law enforcement data hosted by State and local agencies.

1.3 Commencement Date means the later of the: (a) date the County secures the necessary licenses from the City’s current SMPD System software vendor, Computer Information Systems (“CIS”), or its successor and (b) the date City personnel have provided written notice to the County that the SMPD System is available and ready for shared use.

1.4 Effective Date means the last date of execution of this Agreement by either Party hereof.

1.5 Force Majeure means any contingency or cause beyond the reasonable control of a Party including, without limitation, acts of God or the public enemy, war, terrorist act, or threat thereof, riot, civil commotion, insurrection, government action or inaction (unless caused by the intentionally wrongful act(s) or omission(s) of the Party), fires, earthquake, tornado, hurricane, explosions, floods, strikes, slowdowns or work stoppages.

1.5.1 Shared Use means the shared use of the City’s SMPD System between City and the

County.

1.6 Technology Refresh means the repair, installation or replacement of hardware or equipment necessary to operate the SMPD System.

ARTICLE II – TERM; TERMINATION

2.1 The term of this Agreement will commence on the Effective Date and will remain in full

force and effect for one year from that date. This Agreement will automatically renew for successive one (1) year terms unless terminated by either Party in accordance with the provisions in Subsection 2.2 below. The conditions set forth below will apply to the initial term and all renewals.

2.2 Either Party may terminate this Agreement for convenience and without cause, by

providing ninety (90) calendar days prior written notice thereof to the other Party. Upon termination the County will pay to the City all costs and fees due and owing under this Agreement, if not already paid, and will not be entitled to a refund of any costs or fees for Technology Refresh or the Shared Use.

2.3 Upon either party receiving written notice of termination, the City will continue to

provide the County with access to the SMPD System until such time that the County has successfully extracted its data, but in no event no longer than 90 days from the date of the notice of termination. The parties agree to cooperate to export records and information belonging to the County in a usable format so that the County may move it to an alternate system.

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ARTICLE III – TERMS 3.1 SMPD System:

(a) The City agrees to grant the County use of the SMPD System for the storage of County Sherriff Office records. Each agency will have “View Only” access to the other agency’s data, with the exception of the City’s Information Technology staff performing system maintenance duties as a part of their responsibilities under this Agreement, may access the records and data of the other.

(b) The City will provide and maintain all of the City’s equipment related to providing the

County with access to the SMPD System. However, each Party is responsible for the maintenance of its own equipment, and the security thereof.

(c) The City is not responsible for providing the County’s personnel with any training or

information technology support (“IT Support”) in connection with the County’s use of the SMPD System. The County may request training or IT Support from the City, and if the City agrees to provide such services, the County will pay to the City the costs of such training or services as may be agreed by the Parties at the time of such request for services.

(d) The City will be the administrator of the SMPD System and the County will have no

administrative rights. The County will be assigned access rights to perform day-to-day functions, which includes the management of the County user accounts in to the SMPD System. The City will not be responsible for any loss of data by the County due to its use of the SMPD System nor for any interruption of County use.

3.2 The City agrees to provide appropriate backup of the County data stored in the SMPD

System in accordance with the City’s data retention policy. 3.3 The County will comply with the applicable Criminal Justice Information System

Security standards. 3.4 Hays County SMPD System License: As a condition of this Agreement, the County will,

at its own cost, secure such license(s) as may be required directly from the City’s current software vendor in order to access the SMPD System on or before ninety (90) calendar days after the Effective Date. This Agreement will automatically terminate in the event the County fails or is otherwise unable to secure such license from the City’s current software vendor by such date or in the event the County fails to maintain such license(s) during the term of this Agreement.

3.5 Maintenance and Repairs. The City will provide five (5) calendar days prior written

notice to the County when it will be necessary for the SMPD System to be down or not operating, except in cases of an emergency in which case the City will attempt to provide verbal notice as soon as reasonably practical.

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ARTICLE IV INDEMNIFICATION / IMMUNITY / INSURANCE 4.1 To the extent authorized by Texas law each Party agrees to release, defend, indemnify,

and hold harmless the other Party (and its officers, agents, and employees) from and against all claims, losses, damages, cause or causes of action for injuries (including death), property damages (including loss of use), and any other losses, demands, suits, judgments, and costs in any way arising out of, related to, or resulting from the indemnifying Party’s breach or default in the performance of any of its obligations under this Agreement, or caused by the negligent acts or omissions of its respective officers, agents, employees, or any other third Parties for whom it is legally responsible in connection with performing this Agreement. This Agreement and the indemnity provided herein is not intended to and will not create any cause of action for the benefit of third parties or any person not a Party to this Agreement. This indemnity will survive the termination or expiration of this Agreement.

4.2 It is expressly understood and agreed that, in the execution of this Agreement, no Party

waives, nor will be deemed hereby to have waived, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the Parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement will not create any rights in Parties not signatories hereto.

ARTICLE V COMPENSATION

5.1 In consideration of the County’s access to the SMPD System, as granted by the City, the

County will pay an annual fee of $1,500.00. In addition, the County will pay the City $125.00 per month for ongoing technical support. The monthly payment will be paid before the 1st day of each calendar month beginning with the first calendar month immediately following the Commencement Date. The City reserves the right to adjust the annual fee to cover costs associated with this Agreement. The City will provide written notice to the County six months prior to the start of the County’s fiscal year (on or before April 1st of each calendar year) before any such cost adjustment is proposed. Such fees will cover the County’s access to and the City administration and maintenance of the SMPD System, IT Support, and the University’s use of the SMPD System.

ARTICLE VI MISCELLANEOUS

6.1 Applicable Law. This Agreement is governed by the laws of the State of Texas. 6.2 Place of Performance. Performance and exclusive venue for any dispute arising under

this Agreement is in Hays County, Texas. 6.3 Entire Agreement. This Agreement, including any appendices and attachments, recitals

and exhibits represents the entire and integrated Agreement between the Parties and supersedes all prior proposals, negotiations, representations, agreements, arrangements or understandings either written or oral between the Parties. No verbal agreement or

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conversation with any officer, agent, or employee of any party before or after the execution of this Agreement will affect or modify any of the terms or obligations hereunder. The terms and conditions of this Agreement may only be amended or modified by written amendment executed by all of the parties.

6.4 Waiver. Failure of any Party, at any time, to enforce a provision of this Agreement, will

in no way constitute a waiver of that provision, nor in anyway affect the validity of this Agreement, any part hereof, or the right of any Party thereafter to enforce each and every provision hereof. No term of this Agreement will be deemed waived or breach excused unless the waiver is in writing and signed by the Party claimed to have waived the term. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach.

6.5 Legal Construction. In the event any one or more of the provisions contained in this

Agreement are for any reason deemed invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, in any respect, this Agreement will be construed as not containing the provision and all other provisions of this Agreement which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared severable. The Parties will use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties as necessary.

6.6 Compliance with Applicable Laws. Each Party agrees to comply with all applicable local,

state and federal laws, rules and regulations. 6.7 Interlocal Cooperation. The Parties agree to cooperate with each other in good faith at all

times during the term of this Agreement in order to achieve the purposes and intent of this Agreement. Each Party to this Agreement acknowledges and represents that this Agreement has been executed by its duly authorized representative.

6.8 Notice. Unless otherwise specified, any notice required or permitted to be delivered

hereunder will be deemed received three days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered to the following addresses:

City of San Marcos: City Manager City of San Marcos 630 E. Hopkins San Marcos, Texas 78666 Hays County: Judge Bert Cobb, M.D. Hays County Judge 111 E. San Antonio, Suite 300 San Marcos, Texas 78666

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6.9 Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which will be deemed an original for all purpose, but all of the counterparts will constitute one and the same instrument.

6.10 Public Information Act. The Parties understand that the City is governed by the Texas

Public Information Act, Chapter 552 of the Texas Government Code. This Agreement and all written and or digital information generated under this Agreement may be subject to release under the Act. It is agreed by all parties to this agreement that the custodian of a record will be the Party that entered the data into the City’s Network, if applicable.

6.11 Funding. The Parties acknowledge that funds for the payment for work performed by

any of the Parties under the Agreement have been provided through the budget approved by the individual governing bodies for the current fiscal year only. State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. The Parties cannot guarantee the availability of funds, and enter into the Agreement only to the extent such funds are made available. The Parties acknowledge and agree that they will have no recourse against another for its failure to appropriate funds for the purposes of the Agreement in any fiscal year other than the year in which the Agreement was executed.

6.12 Consent and Approval. Unless otherwise expressly stated in this Agreement, whenever

the consent or approval of a Party is required prior to the action to be taken by the other Party, such consent or approval will not be unreasonably withheld, denied, or delayed.

6.13 Survival of Covenants. Any of the representations, warranties, covenants, and

obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement will survive termination.

6.14 Binding Effect. The Parties acknowledge that they have read, understand and

intend to be bound by the terms and conditions of this Agreement. This Agreement will take effect immediately upon execution by both Parties hereof and will inure to the benefit and be binding upon the administrators, successors and assigns of the Parties hereto. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement.

(SIGNATURES ON THE FOLLOWING PAGE)

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HAYS COUNTY

By: __________________________________ ____________________ Bert Cobb, M.D. Date Hays County Judge ATTEST: By:____________________________________ __________________________ Liz Q. Gonzalez Date Hays County Judge

CITY OF SAN MARCOS

By: __________________________________ ____________________ Date

______________________________________ Printed Name/Title

ATTEST:

By:____________________________________ __________________________ Date _______________________________________ Printed Name, Title

100




AGENDA ITEM

Discussion and possible action to authorize the County Judge to sign a Professional Services Agreement with Halff Associates, Inc. for development of a countywide stream data management system.


ACTION-MISCELLANEOUS August 16, 2016 $12,000.00

LINE ITEM NUMBER 171-691-00.5448

AUDITOR USE ONLY

AUDITOR COMMENTS:



Clint Garza/Justin McInnis COBB N/A

SUMMARY 27B55B83B111B139B167B195B223B251BOver the past several years, Hays County and various municipalities have partnered with the Texas Water Development Board, the US Army Corps of Engineers, LCRA, GBRA, and FEMA to study over 700 stream miles throughout the County and perform dam breech analyses for a number of NRCS dams. In order to best utilize these resources, the Development & Community Services Department and the Emergency Services Department are proposing to partner with Halff Associates, Inc. to perform an inventory and then create web maps to display the available data.

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PROFESSIONAL SERVICES AGREEMENT HAYS COUNTY, TEXAS

HAYS COUNTY, a political subdivision of the State of Texas (hereinafter the “County”) with administrative offices at 111 E. San Antonio, Suite 300, San Marcos, Texas 78666, and –_Halff Associates, Inc.__hereinafter “Contractor”), whose primary place of business is located at__4030 West Braker Lane, Suite 450, Austin, TX 78759_, hereby enter into this Professional Services Agreement (hereinafter “Agreement”) effective the ___ day of _________, 2016 (hereinafter “Effective Date”). The County and Contractor (collectively “the parties to this Agreement” or “the parties”) agree as follows: 1. OVERVIEW Contractor has been requested by the County to perform professional services related to Develop a Hays County Stream Data Management System_. 2. SERVICES Contractor agrees to perform services for the County in accordance with the County’s instructions and, in particular, the instructions of __ ____ and/or legal counsel for the Hays County Commissioners Court; and in conformance with the descriptions, definitions, terms, and conditions of this Agreement. The Scope of Services shall be limited to those services and terms attached hereto as Exhibit “A”, and any subsections of Exhibit “A”, if as and when they are attached hereto and signed by the parties (collectively “the Work”). If the parties to this Agreement amend the Work required under this Agreement (by adding or removing specific services and/or terms enumerated in Exhibits “A” and/or “C”), the Compensation cited in Section 5 of this Agreement may also be amended to conform with the change in Scope of Services, as agreed by the parties. 3. ADDITIONAL TERMS Additional Terms and Obligations of the parties to this Agreement, if any, are stated in Exhibit “C”, attached hereto. 4. DURATION The parties agree that the Work shall be completed _thirty days______ (_30_) days after commencement date. (hereinafter the “Completion Date”). In the event that Contractor is unable to complete the Work by the Completion Date, Contractor shall request an extension of the Completion Date in writing no later than fifteen (15) business days prior to the Completion Date.

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The County may grant extensions of the Completion Date for all reasonable extension requests and shall do so in writing. 5. COMPENSATION Contractor will be compensated for the Work on an hourly-charge basis, the terms of which are cited in Contractors rate schedule, which is attached hereto as Exhibit “B.” Despite any reference to Contractors rate schedule, which shall be used to calculate monthly invoice amounts under this Agreement or a change in the Scope of Services (i.e. Amendment), the parties agree that the County shall pay Contractor a total fee not to exceed __twelve thousand__ dollars ($__12,000.00_ USD) for the Work under this Agreement. 6. PAYMENT Contractor shall invoice the County for the Work performed under this Agreement on a monthly basis, beginning at the end of the first full month following the Effective Date. The County agrees to promptly pay all invoices by sending payment to Contractor’s address stated in Section 8, below. The County shall owe Contractor an additional one percent (1%) per month on any unpaid balance, beginning at the end of the first full month following the County’s receipt of said invoice(s) and accruing monthly thereafter. 7. NOTICE OF COMPLETION Upon completion of the Work, Contractor shall send a Notice of Completion to the County in writing, and the County shall have the option to inspect the Work (or the product thereof) before it is considered complete under this Agreement. If the County is satisfied that the Work under this Agreement is complete, the County shall send Contractor an Acceptance of Completion in writing. If, after inspection, the County does not agree that the Work is complete or believes that the Work is of deficient quality, the County shall send Contractor a Deficiency Letter, stating the specific aspects of the Work that are incomplete and/or deficient. If, after ten (10) business days from the County’s receipt of Contractor’s Notice of Completion, the County does not send Contractor either an Acceptance of Completion or a Deficiency Letter, the Work under this Agreement shall be considered complete. 8. NOTICE (GENERAL) All notices issued by Contractor under or regarding this Agreement shall be provided in writing to the County at: Hays County, Attn: County Judge, 111 E. San Antonio, Suite 300 San Marcos, Texas 78666; fax 512-392-6500; [email protected]

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mailto:[email protected]

All notices issued by the County under or regarding this Agreement shall be provided in writing to Contractor at its primary place of business. Notices from one party to another under this Section may be made by U.S. Mail, parcel post, Facsimile, or Electronic Mail, sent to the designated contact at any of the designated addresses cited above. 9. INSURANCE Contractor agrees that, during the performance of all terms and conditions of this Agreement, from the Effective Date until the County’s acceptance of Contractor’s Notice of Completion or until this Agreement is otherwise considered completed as a matter of law, Contractor shall maintain Commercial General Liability insurance that meets or exceeds the industry standard for professional services providers in Contractor’s field of employment and for the type of services that are being performed by Contractor under this Agreement. 10. MUTUAL INDEMNITY Contractor agrees, to the fullest extent permitted by law, to indemnify and hold harmless the County, its officers, directors and employees against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by Contractor’s negligent performance of the Work under this Agreement and that of its subcontractors or anyone for whom the Consultant is responsible or legally liable. The County agrees, to the fullest extent permitted by law, to indemnify and hold harmless Contractor, its officers, directors, employees and subcontractors against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the County's negligent acts in connection with this Agreement. Neither the County nor Contractor shall be obligated to indemnify the other party in any manner whatsoever for the other party's negligence. 11. COMPLIANCE WITH LAWS Each party agrees to comply with all laws, regulations, rules, and ordinances applicable to this Agreement and/or applicable to the parties performing the terms and conditions of this Agreement. 12. SURVIVAL Notwithstanding any termination of this Agreement, the following

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Sections, and the terms and conditions contained therein, shall remain in effect: 3, 5, 8, 10, 12, 14, 15, 16, 17, 18, 20, 21 and 22. 13. FORCE MAJEURE Either of the parties to this Agreement shall be excused from any delays and/or failures in the performance of the terms and conditions of this agreement, to the extent that such delays and/or failures result from causes beyond the delaying/failing party’s reasonable control, including but not limited to Acts of God, Forces of Nature, Civil Riot or Unrest, and Governmental Action that was unforeseeable by all parties at the time of the execution of this Agreement. Any delaying/failing party shall, with all reasonable diligence, attempt to remedy the cause of delay and/or failure and shall recommence all remaining duties under this Agreement within a reasonable time of such remedy. 14. SEVERABILITY If any Section or provision of this Agreement is held to be invalid or void, the other Sections and provisions of this Agreement shall remain in full force and effect to the greatest extent as is possible, and all remaining Sections or provisions of this Agreement shall be construed so that they are as consistent with the parties’ intents as possible. 15. MULTIPLE COUNTERPARTS This Agreement may be executed in several counterparts, all of which taken together shall constitute one single Agreement between the parties. 16. SECTION HEADINGS, EXHIBITS The Section and Subsection headings of this Agreement, as well as Section 1, Entitled “Overview,” shall not enter in the interpretation of the terms and conditions contained herein, as those portions of the Agreement are included merely for organization and ease of review. The Exhibit(s) that may be referred to herein and may be attached hereto, are incorporated herein to the same extent as if fully set forth herein. 17. WAIVER BY PARTY Unless otherwise provided in writing by the waiving party, a waiver by either of the parties to this Agreement of any covenant, term, condition, agreement, right, or duty that arises under this Agreement shall be considered a one-time waiver and shall not be construed to be a waiver of any succeeding breach thereof or any other covenant, term, condition, agreement, right, or duty that arises under this Agreement.

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18. GOVERNING LAW AND VENUE THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. Any lawsuit, claim, or action, whether in law or in equity, arising from this Agreement will be brought in Hays County, Texas. 19. ASSIGNMENT Neither party to this Agreement may assign it duties, interests, rights, benefits and/or obligations under this Agreement, in whole or in part, without the other party’s prior written consent thereto. 20. BINDING EFFECT Subject to any provisions hereof restricting assignment, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors, permitted assigns, heirs, executors, and/or administrators. 21. ENTIRE AGREEMENT; AMENDMENT This Agreement (including any and all Exhibits attached hereto) constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. Any amendments to this Agreement must be made in writing and signed by the parties to this Agreement prior to the performance of any terms or conditions contained in said amendments. 22. WORK PRODUCT Any and all product, whether in the form of calculations, letters, findings, opinions, or the like, shall be the property of Hays County during and after performance of the Work. Contractor shall have a right to retain a copy of all Work product for record-keeping purposes. 23. TERMINATION BY COUNTY This Agreement may be terminated by Hays County, for any reason whatsoever, by providing thirty (30) days written notice to Contractor. Any approved services provided under this Agreement up to the date of termination may be invoiced by Contractor after the termination date, and payment of said invoice shall not be unreasonably withheld by the County. Signatures by the parties to this Professional Services Agreement follow on the next page.

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EXHIBIT “A” Scope of Work Purpose: With funding from the Texas Water Development Board (TWDB) and partnerships with local communities, Lower Colorado River Authority (LCRA), Guadalupe-Blanco River Authority (GBRA), the US Army Corps of Engineers (USACE), and Federal Emergency Management Agency (FEMA), Hays County has identified flood risk with newly available hydrologic and hydraulic studies for over 700 stream miles throughout the County, as well as, dam breach analysis for 5 Upper San Marcos Natural Resource Conservation Service (NRCS) dams, 2 York Creek NRCS dams, and 10 Plum Creek NRCS dams within Hays County. Dam breach analyses have been performed for the 5 Upper San Marcos NRCS Dams and Plum Creek NRCS Dam 16. The County is seeking a method to manage and organize this new data. The selected method includes an inventory and basic web map to display the available data. The web map will be developed and initially hosted on servers maintained by Halff. After development is complete and the web map applications are approved by the County, Halff is willing to assist the County to configure their server and transfer the hosting responsibilities. Halff is also willing to continue providing the hosting services with an associated annual hosting fee. The scope and fee for the transfer of hosting responsibilities is not included in this scope of work. Scope of Work:

Task 1: Data Inventory At the direction of the County, develop a spreadsheet list of all studied streams and model details. A county-wide map of the studied stream will also be prepared displaying the model type.

1.1. Meet with the County to confirm the objectives and deliverables. 1.2. Collect and organize all model and supporting data into one file system. 1.3. Develop a spreadsheet to provide model details and location.

− Stream Name; Study Details; Model Type (Detailed – AE, Limited Detail – A, Approximate – A, etc.); Report; Model Date and Source; etc.

1.4. Develop a map to compliment the spreadsheet displaying each studied stream. 1.5. Meet with the County to review the spreadsheet, map and associated file system. 1.6. Update the data as necessary based on recommendations from the County. 1.7. Meet with the County to review final deliverables.

Task 2: Basic Web Maps (Public and Secured) to display available data At the direction of the County, develop a basic web map to display all studied streams and model details as listed under Task 1. These web maps will also display the associated spatial data of the studies.

2.1. Collect and organize all spatial data into one database. 2.2. Develop a web-based mapping system using the ArcGIS API for JavaScript (JS).

− The web map will display the County’s available supporting base map and reference layers as directed by the County.

− The public web map will be developed to only display data that is appropriate for public viewing.

− The secured web map will be developed to display all available data for secured viewing. 2.3. Meet with the County to demonstrate and review the functionality of the web-mapping

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system. 2.4. Update the web-mapping system as necessary based on recommendations from the County. 2.5. Meet with the County to review final deliverables.

Deliverables:

1. Spreadsheet Inventory and associated PDF Map 2. Modeling and Supporting Data File System 3. Public Web Map 4. Secure Web Map

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EXHIBIT “B”

Fee Schedule

TASK TOTAL BUDGET

Task 1: Data Inventory $5,000 Task 2: Basic Web Maps $7,000

TOTAL $12,000

Rate Schedule

Rate Category Hourly Rate PRINC $261.00 PM $180.00 Task Leader (SR PE) $203.00 Task Leader (MID PE) $155.00 Task Leader (JR PE) $110.00 EIT $95.00 QA/QC MGR $203.00 Task Leader (GISP, PE) $173.00 GIS $83.00 CADD $86.00 Task Leader (RPLS) $159.00 SURVEY TECH $86.00 2 MAN CREW $134.00 GPS PROCESSING $30.00 ADMIN $62.00

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EXHIBIT “C”

Additional Terms to the Services provided by Contractor, if any, are as follows: A. Replace Section 4.Duration in its entirety with the following:

The parties agree that the Work shall be performed in a manner consistent with the applicable standard of care and that Consultant shall use reasonable efforts to complete the services consistent with the detailed project schedule included in Exhibit “D”(hereinafter the “Completion Date”). In the event that Contractor is unable to complete the Work by the Completion Date, Contractor shall request an extension of the Completion Date in writing no later than fifteen (15) business days prior to the Completion Date. The County may grant extensions of the Completion Date for all reasonable extension requests and shall do so in writing.

B. Replace Section 22. Work Product in its entirety with the following: Upon Consultant’s completion of the professional services that are the subject of this Agreement and Consultant’s receipt of payment in full for said services, Consultant agrees that the final instruments representing Consultant’s professional services, whether in the form of calculations, letters, findings, opinions, or the like, shall be provided to County and County will have, in the form of a non-exclusive license, and that such license shall permit County to perform each and every right necessary for County to perform its duties to the public, including the rights of possession and unlimited use for the purposes of reviewing, bidding, constructing, operating and maintaining the improvements, if any, envisioned by such instruments. Contractor shall have a right to retain a copy of all Work product for record-keeping purposes.

C. ______________________________________________________________________________________________________________________________

D. ______________________________________________________________________________________________________________________________

E. ______________________________________________________________________________________________________________________________

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EXHIBIT “D” Project Schedule for the Performance of Consultant’s Professional Services

TASK NAME Duration

(days) Start Finish NOTICE TO PROCEED 1 22-Aug-16

Task 1: Data Inventory 10 22-Aug-16 5-Sep-16 Task 2: Basic Web Maps 20 5-Sep-16 30-Sep-16

112




AGENDA ITEM

Discussion and possible action to adopt the Early Voting Schedule (Dates & times) for the November 8, 2016, General Election.


ACTION-MISCELLANEOUS August 16, 2016 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Cowan COBB N/A

SUMMARY 26B53B80B107B134B161B188B215B242BDiscussion with possible action to adopt the Early Voting Schedule for the November 8, 2016, General Election. (Oct. 24th thru Nov. 4th, 2016

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HAYS COUNTY EARLY VOTING (Votación Adelantada del Condado de Hays)

November 8, 2016 (8 de Noviembre de 2016)

Location, Dates & Hours of Main Early Voting Polling Location (Lugar, Fechas y Horas de los Centros Principales de Votación para la Votación Anticipada)

GOVERNMENT CENTER Monday, October 24 through Friday, October 28, 2016 CONFERENCE ROOM (Lunes, 24 de Octubre hasta el Viernes, 28 de Octubre de 2016) 712 S. Stagecoach Trail 8:00 a.m. to 5:00 p.m. (8:00 am este las 5:00 pm) San Marcos, TX 78666 Saturday, October 29, 2016

(Sábado, 29 de Octubre de 2016) 7:00 a.m. to 7:00 p.m. (7:00 am este las 7:00 pm) Sunday, October 30, 2016 (Domingo, 30 de Octubre de 2016) 1:00 p.m. to 6:00 p.m. (1:00 pm este las 6:00 pm) Monday, October 31 through Friday, November 4, 2016 (Lunes, 31 de Octubre hasta el Viernes, 4 de Noviembre de 2016) 7:00 a.m. to 7:00 p.m. (7:00 am este las 7:00 pm)

Location, Dates & Hours of Temporary Branch Early Voting Polling Locations

(Lugar, Fechas y Horas de las Sucursales de los Centros Temporal de Votación para la Votación Anticipada)

October 2016 Octubre 2016

Monday – 24th Tuesday – 25th Wednesday – 26th Government Center Conference Room 712 S. Stagecoach Trail San Marcos, TX (8 am – 5 pm) Hays County Health Dept 401 A Broadway St San Marcos, TX (8 am – 5 pm) Hays County Precinct 4 Office 195 Roger Hanks Pkwy Dripping Springs, TX (8 am – 5 pm) Hays County Precinct 2 Office 5458 FM 2770 @ Crystal Meadow Dr. Kyle, TX (8 am – 5 pm) Wimberley Community Center 14068 Ranch Rd. 12 Wimberley, TX (8 am – 5 pm) Texas State University LBJ Student Center 700 Student Center Dr. San Marcos, TX (11am – 7pm)

Government Center Conference Room 712 S. Stagecoach Trail San Marcos, TX (8 am – 5 pm) Hays County Health Dept 401 A Broadway St San Marcos, TX (8 am – 5 pm) Hays County Precinct 4 Office 195 Roger Hanks Pkwy Dripping Springs, TX (8 am – 5 pm) Hays County Precinct 2 Office 5458 FM 2770 @ Crystal Meadow Dr. Kyle, TX (8 am – 5 pm) Wimberley Community Center 14068 Ranch Rd. 12 Wimberley, TX (8 am – 5 pm) Texas State University LBJ Student Center 700 Student Center Dr. San Marcos, TX (11am – 7pm)

Government Center Conference Room 712 S. Stagecoach Trail San Marcos, TX (8 am – 5 pm) Hays County Health Dept 401 A Broadway St San Marcos, TX (8 am – 5 pm) Hays County Precinct 4 Office 195 Roger Hanks Pkwy Dripping Springs, TX (8 am – 5 pm) Hays County Precinct 2 Office 5458 FM 2770 @ Crystal Meadow Dr. Kyle, TX (8 am – 5 pm) Wimberley Community Center 14068 Ranch Rd. 12 Wimberley, TX (8 am – 5 pm) Texas State University LBJ Student Center 700 Student Center Dr. San Marcos, TX (11am – 7pm)

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Thursday – 27th Friday – 28th Saturday – 29th Government Center Conference Room 712 S. Stagecoach Trail San Marcos, TX (8 am – 5 pm) Hays County Health Dept 401 A Broadway St San Marcos, TX (8 am – 5 pm) Hays County Precinct 4 Office 195 Roger Hanks Pkwy Dripping Springs, TX (8 am – 5 pm) Hays County Precinct 2 Office 5458 FM 2770 @ Crystal Meadow Dr. Kyle, TX (8 am – 5 pm) Wimberley Community Center 14068 Ranch Rd. 12 Wimberley, TX (8 am – 5 pm) Texas State University LBJ Student Center 700 Student Center Dr. San Marcos, TX (11am – 7pm)

Government Center Conference Room 712 S. Stagecoach Trail San Marcos, TX (8 am – 5 pm) Hays County Health Dept 401 A Broadway St San Marcos, TX (8 am – 5 pm) Hays County Precinct 4 Office 195 Roger Hanks Pkwy Dripping Springs, TX (8 am – 5 pm) Hays County Precinct 2 Office 5458 FM 2770 @ Crystal Meadow Dr. Kyle, TX (8 am – 5 pm) Wimberley Community Center 14068 Ranch Rd. 12 Wimberley, TX (8 am – 5 pm)

Government Center Conference Room 712 S. Stagecoach Trail San Marcos, TX (7 am – 7 pm) Hays County Health Dept 401 A Broadway St San Marcos, TX (7am – 7 pm) Hays County Precinct 4 Office 195 Roger Hanks Pkwy Dripping Springs, TX (7 am – 7 pm) Hays County Precinct 2 Office 5458 FM 2770 @ Crystal Meadow Dr. Kyle, TX (7 am – 7 pm) Wimberley Community Center 14068 Ranch Rd. 12 Wimberley, TX (7 am – 7 pm) Belterra Welcome Center 151 Trinity Hills Dr. Austin, TX 78737 (7 am – 7 pm)

Sunday – 30th Monday – 31st Tuesday – 1st Government Center Conference Room 712 S. Stagecoach Trail San Marcos, TX (1 pm – 6 pm) Hays County Health Dept 401 A Broadway St San Marcos, TX (1 pm – 6 pm) Hays County Precinct 4 Office 195 Roger Hanks Pkwy Dripping Springs, TX (1 pm – 6 pm) Hays County Precinct 2 Office 5458 FM 2770 @ Crystal Meadow Dr. Kyle, TX (1 pm – 6 pm) Wimberley Community Center 14068 Ranch Rd. 12 Wimberley, TX (1 pm – 6 pm) Belterra Welcome Center 151 Trinity Hills Dr. Austin, TX 78737 (1 pm – 6 pm)

Government Center Conference Room 712 S. Stagecoach Trail San Marcos, TX (7 am – 7 pm) Hays County Health Dept 401 A Broadway St San Marcos, TX (7am – 7 pm) Hays County Precinct 4 Office 195 Roger Hanks Pkwy Dripping Springs, TX (7 am – 7 pm) Hays County Precinct 2 Office 5458 FM 2770 @ Crystal Meadow Dr. Kyle, TX (7 am – 7 pm) Wimberley Community Center 14068 Ranch Rd. 12 Wimberley, TX (7 am – 7 pm)

Government Center Conference Room 712 S. Stagecoach Trail San Marcos, TX (7 am – 7 pm) Hays County Health Dept 401 A Broadway St San Marcos, TX (7am – 7 pm) Hays County Precinct 4 Office 195 Roger Hanks Pkwy Dripping Springs, TX (7 am – 7 pm) Hays County Precinct 2 Office 5458 FM 2770 @ Crystal Meadow Dr. Kyle, TX (7 am – 7 pm) Wimberley Community Center 14068 Ranch Rd. 12 Wimberley, TX (7 am – 7 pm) Buda City Hall 121 N Main St. Buda, TX 78610 (7 am – 7 pm)

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Wednesday – 2nd Thursday – 3rd Friday – 4th Government Center Conference Room 712 S. Stagecoach Trail San Marcos, TX (7 am – 7 pm) Hays County Health Dept 401 A Broadway St San Marcos, TX (7am – 7 pm) Hays County Precinct 4 Office 195 Roger Hanks Pkwy Dripping Springs, TX (7 am – 7 pm) Hays County Precinct 2 Office 5458 FM 2770 @ Crystal Meadow Dr. Kyle, TX (7 am – 7 pm) Wimberley Community Center 14068 Ranch Rd. 12 Wimberley, TX (7 am – 7 pm) Buda City Hall 121 N Main St. Buda, TX 78610 (7 am – 7 pm)



Applications for Ballot by Mail shall be mailed to :( Las solicitudes para boletas que se votaran adelantada por correo deberan enviarse a:)

Joyce A. Cowan, Early Voting Clerk (Secretario De Votación Adelantada, Joyce A. Cowan)

712 S. Stagecoach Trail, Suite 1045 San Marcos, TX 78666

Applications for Ballots by Mail must be received no later than the close of business on October ______, 2016. (Las solicitudes para boletas que se votaran adelantada por correo deberan recibirse para el fin de las horas de negocio el ____ de Octubre, 2016. Any voter who is entitled to vote an early ballot by personal appearance may do so at the Main Early Voting Site or any Temporary Branch site. (Todo votante habilitado para votar por anticipado en persona puedo hacerlo en el Lugar principal de Votación Anticipada o en cualquiera de las Sucursales temporalis.)

Emergency and Limited ballots available at the Election Office, 712 S. Stagecoach Trail, Suite 1045, San Marcos, TX. (Boletas limitadas y de emergencia solamente están disponibles en la oficina de eleción, 712 S. Stagecoach Trail, Suite 1045, San Marcos, TX.)

116




AGENDA ITEM

Discussion with possible action to adopt the Election Day Polling sites for the November 8, 2016, General Election.


ACTION-MISCELLANEOUS August 16, 2016 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Cowan COBB N/A

SUMMARY 26B53B80B107B134B161B188B215B242BDiscussion with possible action to adopt the Election Day Polling sites for the November 8, 2016 General Election

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November 8, 2016 7 a.m. – 7 p.m.

PCT. POLLING PLACE ADDRESS CITY 110 New Life Christian Center 4000 Hwy 123 San Marcos

111 Dunbar Center 801 MLK Dr. San Marcos

112 Dunbar Center 801 MLK Dr. San Marcos

113 Health Dept. 401 A Broadway St. San Marcos

120 San Marcos Housing, Residents Office 820 Sturgeon St. San Marcos

125 Chapa Middle School 3311 Dacy Ln. Kyle

127 Tobias Elementary School 1005 E FM 150 Kyle

129 City of Kyle Fire Station #2 150 Bunton Rd. Kyle

221 ACC Hays Campus 1200 Kohler Crossing Kyle

223 Kyle City Hall 100 W Center St. Kyle

224 Buda City Hall 121 N Main Street Buda

225 Hays County Precinct 2 Office 5458 FM 2770 @ Crystal Meadow Dr. Kyle

226 Hays Hills Baptist Church 1401 N FM 1626 Buda

228 Tom Green Elementary School 1301 Old Goforth Rd. Buda

229 County Line Water Supply 131 S. El Camino Real Uhland

230 Southern Hills Church of Christ 3740 Ranch Rd 967 Buda


234 Goforth Water Supply 8900 Niederwald Strasse Niederwald



301 First Baptist Church – San Marcos 325 W McCarty Ln. San Marcos

315 First Baptist Church – San Marcos 325 W McCarty Ln. San Marcos

316 Hernandez Elementary School 333 Stagecoach Trl. San Marcos

317 Hernandez Elementary School 333 Stagecoach Trl. San Marcos

318 Crockett Elementary School 1300 Girard St San Marcos


332 Travis Elementary School 1437 Post Rd San Marcos

333 First Baptist Church - Wimberley 15951 Winters Mill Pkwy Wimberley


335 Wimberley Community Center 14068 Ranch Rd 12 Wimberley

336 Brookdale - Horizon Bay at San Marcos 1720 Old Ranch Rd 12 San Marcos

337 VFW Post 6441 Hall 401 Jacobs Well, Veterans Park off Ranch Rd 12 Wimberley

339 Hays Fire Station #12 8301 Ranch Rd 12 San Marcos

413 Allenwood Homes 1201 Thorpe Ln. San Marcos

414 Allenwood Homes 1201 Thorpe Ln. San Marcos

415 Fire Station #5 100 Carlson Circle (River Ridge Pkwy) San Marcos

416 Blanco Vista School 2951 Blanco Vista Blvd San Marcos



419 Wallace Middle School 1500 W Center St Kyle



440 Henly Baptist Church 200 Henly Loop Dripping Springs

441 Dripping Springs Church of Christ 470 Old Hwy 290 West Dripping Springs

442 Friendship Creekside Fellowship 14455 FM 1826 Austin

443 Belterra Welcome Center 151 Trinity Hills Dr. Austin

444 Sunset Canyon Baptist Church 4000 E Hwy. 290 Dripping Springs

447 Promiseland Church 1650 Lime Kiln Rd. San Marcos

449 DSISD Administration Office 510 W Mercer St. Dripping Springs

118




AGENDA ITEM

Discussion and possible action related to the proposed creation of Hays County Emergency Services District #9. Possible actions may include 1) resolving that creation of the district is feasible or not feasible and 2) resolving that the creation of the district will or will not promote the public safety, welfare, health, and convenience of persons residing within the proposed district. If the Court finds in favor of district creation, it shall also take action to fix the district's boundaries, order an election to confirm the district's creation, and impose additional conditions, if any.


ACTION-MISCELLANEOUS August 16, 2016


AUDITOR USE ONLY

AUDITOR COMMENTS:



Kennedy COBB N/A

SUMMARY 26B53B80B107B134B161B188B215B242BDetailed update to be provided in Court. Since August 22, 2016 is the last date to call for an election on the November 2016 ballot, this agenda item strongly contemplates action, including a Call for an Election to confirm the District's creation, should the Court decide it is feasible to create it.

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35

35

183

1978

2325

967

2001

2439

150

2770

32

2720

3237

621

306

1626

2001

1102

12

3424

306

123

21

80

JA COBS WELL RD

WINDY HILL RD

GOFORTHRD

WAYSIDE DR

BEBEERD

HILLSIDE TER

RI VER

RD

W MCCARTY LN

FLITE ACRES RD

WILLIAMSON

RD

HUGO RD

HIGH RD

LONE

MAN MOUNTAIN RD

GRIST MILL RD

PUM

PST

ATIO

NRD

S OLD BAS

TROP HWY

REDWOOD RD

FISCHER STORE RD

COTTON GIN RD

KOHLERS XING

YARRINGTON RD

E MCCARTY LN

BUNTONLN

S OLD BASTROP HWY

CLOVIS BARKER

RD

KYLE

XING

HEIDENREICH

LN

POSEY RD

ROHDE RD

D AIRY RD

FULTON

RANCH RD

ROLAND

LN

WINTERS MILL PKWY

SOL

DST

AGEC

OACH

RD

MTSHARP

RD

CENTERPOINT RD

CENT

ERPO

INT

RD

LIME

KILNR

D

POST

RD

NOL

DBA

STRO

PHW

Y

DACY LN

DACY LN

CR 158

CR 158

HILLIARD RD

FRANCIS

HARRISLN

PURGATORYRD

HARRIS HILL RD

LEDGEROCK

RD

ESD 3

ESD 5

ESD 4 & 7

ESD 2 & 8

ESD 1 & 6ESD 1 & 6 ESD 1 & 6

Caldwell Hays ESD 1

1:165,000

Proposed ESD #9

Date: 4 April 2016

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AGENDA ITEM

Hold a public hearing at 10:00 AM in accordance with section 293.101 of the Texas Health and Safety Code, including but not limited to discussion and possible action to establish the assessment rate and state fiscal year 2017 mandatory payments, and authorize the Intergovernmental Transfer of the funds derived from those mandatory payments to provide the nonfederal share of the supplemental payment program authorized under the Texas Healthcare Transformation and Quality Improvement Program ("sec 1115") waiver.


ACTION-MISCELLANEOUS August 16, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Lon Shell COBB N/A

SUMMARY 25B54B83B112B141B170B199B228B257BHays County's participation in a County Health Care Provider Participation Program is authorized by HB 3175 passed during the 84th Texas Legislature. A County Health Care Provider Participation Program authorizes a county to collect a mandatory payment from each institutional health care provider located in the county to be deposited in a local provider participation fund established by the county. Money in the fund may be used by the county to fund certain intergovernmental transfers and indigent care programs as provided by Chapter 293 of the Texas Health and Safety Code. Central Texas Medical Center of San Marcos and Seton Medical Center Hays supported passage of HB 3175 and the creation of the program in Hays County. 26B55B84B113B142B171B200B229B258BThe Hays County Commissioners Court adopted and Order authorizing the County's participation in the LPPF program on 9-15-15. On 9-29-15 a public hearing was held to establish the LPPF, set the assessment rate at 6%, and establish the state fiscal year 2016 mandatory payments. 27B56B85B114B143B172B201B230B259BNotice of the Public Hearing has been posted in accordance with 293.101 of the Texas Health and Safety Code. 28B57B86B115B144B173B202B231B260BDuring the hearing, the Court will set the state fiscal year 2017 assessment rate, consider the approval of the amount of payments for each hospital as determined by 293.151 THSC and consider other issues related to the program.

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H.B.ANo.A3175

AN ACT

relating to the creation and operations of health care provider

participation programs in certain counties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTIONA1.AASubtitle D, Title 4, Health and Safety Code, is

amended by adding Chapter 293 to read as follows:

CHAPTER 293. COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM IN

CERTAIN COUNTIES

SUBCHAPTER A. GENERAL PROVISIONS

Sec.A293.001.AADEFINITIONS. In this chapter:

(1)AA"Institutional health care provider" means a

nonpublic hospital licensed under Chapter 241.

(2)AA"Paying hospital" means an institutional health

care provider required to make a mandatory payment under this

chapter.

(3)AA"Program" means the county health care provider

participation program authorized by this chapter.

Sec.A293.002.AAAPPLICABILITY. This chapter applies only to

a county that:

(1)AAis not served by a hospital district or a public

hospital;

(2)AAborders the county in which the State Capitol is

located; and

(3)AAhas a population of more than 100,000 but less than

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Sec.A293.003.AACOUNTY HEALTH CARE PROVIDER PARTICIPATION

PROGRAM; PARTICIPATION IN PROGRAM. (a) A county health care

provider participation program authorizes a county to collect a

mandatory payment from each institutional health care provider

located in the county to be deposited in a local provider

participation fund established by the county. Money in the fund may

be used by the county to fund certain intergovernmental transfers

and indigent care programs as provided by this chapter.

(b)AAThe commissioners court may adopt an order authorizing a

county to participate in the program, subject to the limitations

provided by this chapter.

SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONERS COURT

Sec.A293.051.AALIMITATION ON AUTHORITY TO REQUIRE MANDATORY

PAYMENT. The commissioners court of a county may require a

mandatory payment authorized under this chapter by an institutional

health care provider in the county only in the manner provided by

this chapter.

Sec.A293.052.AAMAJORITY VOTE REQUIRED. The commissioners

court of a county may not authorize the county to collect a

mandatory payment authorized under this chapter without an

affirmative vote of a majority of the members of the commissioners

court.

Sec.A293.053.AARULES AND PROCEDURES. After the

commissioners court has voted to require a mandatory payment

authorized under this chapter, the commissioners court may adopt

rules relating to the administration of the mandatory payment.

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H.B.ANo.A3175

2123

Sec.A293.054.AAINSTITUTIONAL HEALTH CARE PROVIDER

REPORTING; INSPECTION OF RECORDS. (a) The commissioners court of a

county that collects a mandatory payment authorized under this

chapter shall require each institutional health care provider to

submit to the county a copy of any financial and utilization data

required by and reported to the Department of State Health Services

under Sections 311.032 and 311.033 and any rules adopted by the

executive commissioner of the Health and Human Services Commission

to implement those sections.

(b)AAThe commissioners court of a county that collects a

mandatory payment authorized under this chapter may inspect the

records of an institutional health care provider to the extent

necessary to ensure compliance with the requirements of Subsection

(a).

SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS

Sec.A293.101.AAHEARING. (a) Each year, the commissioners

court of a county that collects a mandatory payment authorized

under this chapter shall hold a public hearing onAthe amounts of any

mandatory payments that the commissioners court intends to require

during the year and how the revenue derived from those payments is

to be spent.

(b)AANot later than the 10th day before the date of the

hearing required under Subsection (a), the commissioners court of

the county shall publish notice of the hearing in a newspaper of

general circulation in the county.

(c)AAA representative of a paying hospital is entitled to

appear at the time and place designated in the public notice and to

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H.B.ANo.A3175

3124

be heard regarding any matter related to the mandatory payments

authorized under this chapter.

Sec.A293.102.AADEPOSITORY. (a) The commissioners court of

each county that collects a mandatory payment authorized under this

chapter by resolution shall designate one or more banks located in

the county as the depository for mandatory payments received by the

county. A bank designated as a depository serves for two years or

until a successor is designated.

(b)AAAll income received by a county under this chapter,

including the revenue from mandatory payments remaining after

discounts and fees for assessing and collecting the payments are

deducted, shall be deposited with the county depository in the

county ’s local provider participation fund and may be withdrawn

only as provided by this chapter.

(c)AAAll funds under this chapter shall be secured in the

manner provided for securing county funds.

Sec.A293.103.AALOCAL PROVIDER PARTICIPATION FUND;

AUTHORIZED USES OF MONEY. (a) Each county that collects a

mandatory payment authorized under this chapter shall create a

local provider participation fund.

(b)AAThe local provider participation fund of a county

consists of:

(1)AAall revenue received by the county attributable to

mandatory payments authorized under this chapter, including any

penalties and interest attributable to delinquent payments;

(2)AAmoney received from the Health and Human Services

Commission as a refund of an intergovernmental transfer from the

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4125

county to the state for the purpose of providing the nonfederal

share of Medicaid supplemental payment program payments, provided

that the intergovernmental transfer does not receive a federal

matching payment; and

(3)AAthe earnings of the fund.

(c)AAMoney deposited to the local provider participation

fund may be used only to:

(1)AAfund intergovernmental transfers from the county

to the state to provide the nonfederal share of a Medicaid

supplemental payment program authorized under the state Medicaid

plan, the Texas Healthcare Transformation and Quality Improvement

Program waiver issued under Section 1115 of the federal Social

Security Act (42 U.S.C. Section 1315), or a successor waiver

program authorizing similar Medicaid supplemental payment

programs;

(2)AAsubsidize indigent programs;

(3)AApay the administrative expenses of the county

solely for activities under this chapter;

(4)AArefund a portion of a mandatory payment collected

in error from a paying hospital; and

(5)AArefund to paying hospitals the proportionate share

of money received by the county from the Health and Human Services

Commission that is not used to fund the nonfederal share of Medicaid

supplemental payment program payments.

(d)AAMoney in the local provider participation fund may not

be commingled with other county funds.

(e)AAAn intergovernmental transfer of funds described by

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Subsection (c)(1) and any funds received by the county as a result

of an intergovernmental transfer described by that subsection may

not be used by the county or any other entity to expand Medicaid

eligibility under the Patient Protection and Affordable Care Act

(Pub. L. No.A111-148) as amended by the Health Care and Education

Reconciliation Act of 2010 (Pub. L. No.A111-152).

SUBCHAPTER D. MANDATORY PAYMENTS

Sec.A293.151.AAMANDATORY PAYMENTS BASED ON PAYING HOSPITAL

NET PATIENT REVENUE. (a) Except as provided by Subsection (e), the

commissioners court of a county that collects a mandatory payment

authorized under this chapter may require an annual mandatory

payment to be assessed quarterly on the net patient revenue of each

institutional health care provider located in the county. In the

first year in which the mandatory payment is required, the

mandatory payment is assessed on the net patient revenue of an

institutional health care provider as determined by the data

reported to the Department of State Health Services under Sections

311.032 and 311.033 in the fiscal year ending in 2014. The county

shall update the amount of the mandatory payment on an annual basis.

(b)AAThe amount of a mandatory payment authorized under this

chapter must be uniformly proportionate with the amount of net

patient revenue generated by each paying hospital in the county. A

mandatory payment authorized under this chapter may not hold

harmless any institutional health care provider, as required under

42 U.S.C. Section 1396b(w).

(c)AAThe commissioners court of a county that collects a

mandatory payment authorized under this chapter shall set the

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amount of the mandatory payment. The amount of the mandatory

payment required of each paying hospital may not exceed an amount

that, when added to the amount of the mandatory payments required

from all other paying hospitals in the county, equals an amount of

revenue that exceeds six percent of the aggregate net patient

revenue of all paying hospitals in the county.

(d)AASubject to the maximum amount prescribed by Subsection

(c), the commissioners court of a county that collects a mandatory

payment authorized under this chapter shall set the mandatory

payments in amounts that in the aggregate will generate sufficient

revenue to cover the administrative expenses of the county for

activities under this chapter, to fund the nonfederal share of a

Medicaid supplemental payment program, and to pay for indigent

programs, except that the amount of revenue from mandatory payments

used for administrative expenses of the county for activities under

this chapter in a year may not exceed the lesser of four percent of

the total revenue generated from the mandatory payment or $20,000.

(e)AAA paying hospital may not add a mandatory payment

required under this section as a surcharge to a patient.

Sec.A293.152.AAASSESSMENT AND COLLECTION OF MANDATORY

PAYMENTS. (a) Except as provided by Subsection (b), the county tax

assessor-collector shall collect the mandatory payment authorized

under this chapter. The county tax assessor-collector shall charge

and deduct from mandatory payments collected for the county a fee

for collecting the mandatory payment in an amount determined by the

commissioners court of the county, not to exceed the county tax

assessor-collector ’s usual and customary charges.

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(b)AAIf determined by the commissioners court to be

appropriate, the commissioners court may contract for the

assessment and collection of mandatory payments in the manner

provided by Title 1, Tax Code, for the assessment and collection of

ad valorem taxes.

(c)AARevenue from a fee charged by a county tax

assessor-collector for collecting the mandatory payment shall be

deposited in the county general fund and, if appropriate, shall be

reported as fees of the county tax assessor-collector.

Sec.A293.153.AAINTEREST, PENALTIES, AND DISCOUNTS.

Interest, penalties, and discounts on mandatory payments required

under this chapter are governed by the law applicable to county ad

valorem taxes.

Sec.A293.154.AAPURPOSE; CORRECTION OF INVALID PROVISION OR

PROCEDURE. (a) The purpose of this chapter is to generate revenue

by collecting from institutional health care providers a mandatory

payment to be used to provide the nonfederal share of a Medicaid

supplemental payment program.

(b)AATo the extent any provision or procedure under this

chapter causes a mandatory payment authorized under this chapter to

be ineligible for federal matching funds, the county may provide by

rule for an alternative provision or procedure that conforms to the

requirements of the federal Centers for Medicare and Medicaid

Services.

SECTIONA2.AAIf before implementing any provision of this Act

a state agency determines that a waiver or authorization from a

federal agency is necessary for implementation of that provision,

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the agency affected by the provision shall request the waiver or

authorization and may delay implementing that provision until the

waiver or authorization is granted.

SECTIONA3.AAThis Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2015.

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______________________________ ______________________________

AAAAPresident of the Senate Speaker of the HouseAAAAAA

I certify that H.B. No. 3175 was passed by the House on April

30, 2015, by the following vote:AAYeas 135, Nays 4, 1 present, not

voting; and that the House concurred in Senate amendments to H.B.

No. 3175 on May 28, 2015, by the following vote:AAYeas 137, Nays 6,

2 present, not voting.

______________________________

Chief Clerk of the HouseAAA

I certify that H.B. No. 3175 was passed by the Senate, with

amendments, on May 26, 2015, by the following vote:AAYeas 30, Nays

1.

______________________________

Secretary of the SenateAAA

APPROVED: __________________

AAAAAAAAAAAAAAAAADateAAAAAAA

AAAAAAAAA __________________

AAAAAAAAAAAAAAAGovernorAAAAAAA

H.B.ANo.A3175

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Hospital2016 Assessed

AmountPayment 1 Payment 2 Payment 3 Payment 4

Total Payments Received

CTMC 4,934,458.02$ 1,233,614.50$ 1,233,614.50$ 1,233,614.50$ 1,233,614.52$ 4,934,458.02$ Oceans -$ Seton 6,163,271.16$ 1,540,817.79$ 1,540,817.79$ 1,540,817.79$ 1,540,817.79$ 6,163,271.16$ Warm Spirngs 162,754.74$ 40,688.68$ 40,688.68$ 40,688.68$ 122,066.04$

total 11,219,795.22$

LPPF IGT Date LPPF IGT Amount

10/7/2015 2,020,509.16$ 10/7/2015 1,516,471.41$ 2/5/2016 2,275,912.98$ 4/8/2016 2,313,768.12$

total 8,126,661.67$

3,093,133.55$

$3,103,217.73

account balance w/o interest

current account balanceprovided by Hays County Treasurer's Office

132




AGENDA ITEM

Discussion and possible action to approve an Order by the Commissioners Court of Hays County, Texas calling a Bond Election to be held in Hays County, Texas; making provision for the conduct of the election; making provision for the conduct of a joint election with various political subdivisions; resolving other matters incident and related to such election. (To be opened after open after items 25, 26, 27 and 28)


ACTION-MISCELLANEOUS August 16, 2016 TBD

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



CONLEY CONLEY WHISENANT

SUMMARY 26B54B82B110B138B166B194B222B250BPer action of the Commissioners Court on August 9, 2016, this agenda item is being considered for a bond election prior to the deadline for Ordering a November 8, 2016 election, which is August 22, 2016. 27B55B83B111B139B167B195B223B251BPotential bond proposition under this election Order could include a public safety bond proposition (Emergency Call Center / 911, Law Enforcement Center, Jail) and/or a Transportation bond proposition.

133




AGENDA ITEM

Workshop related to the proposed Criminal Justice / Public Safety Facilities to include the Hays County Jail, 911 Call Center, Emergency Operations Center, Law Enforcement Center and Training Facility and the possibility of a November 2016 bond proposition related thereto. Possible action by follow.


WORKSHOP August 16, 2016 TBD

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



INGALSBE INGALSBE CONLEY

SUMMARY

134




AGENDA ITEM

Workshop related to the proposed transportation improvements throughout Hays County and the possibility of a November 2016 bond proposition related thereto. Possible action by follow.


WORKSHOP August 16, 2016 TBD

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



JONES JONES WHISENANT

SUMMARY

135




AGENDA ITEM

Workshop hosted by Dan Wegmiller, Hays County's financial advisor, and Bill Herzog, Hays County Auditor, regarding Hays County's present bond financing and projected tax revenues.


WORKSHOP August 16, 2016 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



COBB N/A

SUMMARY

136




AGENDA ITEM

1:30 p.m.-Budget Workshop regarding the FY 2017 Hays County Budget. Possible action may follow.


WORKSHOP August 16, 2016 N/A


AUDITOR USE ONLY

AUDITOR COMMENTS:



Bill Herzog COBB N/A

SUMMARY

137




AGENDA ITEM

Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code: consultation with counsel and deliberation regarding the purchase, exchange or value of Right of Way along Robert S. Light Boulevard in Pct 2. Possible action to follow in open court.


EXECUTIVE SESSION August 16, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



JONES JONES N/A

SUMMARY 25B51B77B103B129B155B181B207B233BSummary to be provided in Executive Session.

138




AGENDA ITEM

Executive Session pursuant to 551.071 of the Texas Government Code: consultation with counsel(s) regarding all pending and/or contemplated litigation involving Hays County. Possible action may follow.


EXECUTIVE SESSION August 16, 2016 N/A


AUDITOR USE ONLY

AUDITOR COMMENTS:



Mark Kennedy COBB N/A

SUMMARY 27B55B83B111B139B167B195B223B251BLitigation update to be provided in Executive Session.

139




AGENDA ITEM

Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code: consultation with counsel and deliberation regarding the purchase, exchange or value of Right of Way along proposed FM110 in Pct. 1. Possible action to follow in open court.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Kennedy INGALSBE N/A


140




AGENDA ITEM

Executive Session pursuant to Sections 551.071 and 551.087 of the Texas Government Code: consultation with counsel and deliberation regarding economic development negotiations associated with Project Texas. Possible action may follow in open court.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Cobb COBB N/A


141

Hays County · 2016-08-16 · Commissioners Court –August 16, 2016 NOTICE OF A MEETING OF THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS This Notice is posted pursuant to …

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