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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.
th
CODE CH.551). The Hays County Commissioners Court will hold a meeting at 9:00 A.M. on the 16 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
3

26
27-32

33-49

50-51

52

53-55

56-74

75

10

76

11

77

Approve payments of county invoices. HERZOG


Approve Commissioners Court Minutes of August 9, 2016. COBB/GONZALEZ
Approve renewal of existing contract for IFB 2015-B10 Emulsion Oils for one (1) additional year.
COBB/MAIORKA/BORCHERDING
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
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
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
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
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
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
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

14

83-84

15

85-90

16

91-92

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
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
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
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

18

101-112

19

113-116

20

117-118

21

119-120

22

121-132

23

133

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
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
Discussion and possible action to adopt the Early Voting Schedule (Dates & times) for the
November 8, 2016, General Election. COBB/COWAN
Discussion with possible action to adopt the Election Day Polling sites for the November 8,
2016, General Election. COBB/COWAN
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
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
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
24

134

25

135

26

136

27

137

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
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
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
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

29

139

30

140

31

141

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
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
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
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
33
34

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

PROCLAMATIONS/PRESENTATIONS

August 16, 2016

AMOUNT REQUIRED

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

WATERFOWLBRIGADE
5

TheFutureofConservation
Anyonecancounttheseedsinanapple,
butnoonecancounttheapplesinaseed.
Anonymous

FlockComposition
FlockLeader

AssistantFlockLeader

Cadets

WhatisTexasBrigades?

5daywildlifeleadershipcamps
Opentostudentsages1317
Costis$500 scholarshipsavailable
HeldannuallyinJuneandJuly
8campsacrossthestateofTexas

NorthTexas SantaAnna

SantaAnna
SouthTexas Uvalde

TennesseeColony

SantaAnna
RollingPlains Coleman
SouthTexas Pleasanton

Galveston
9

TexasBrigadesPartners

10

PlantIDandCollections

11

WildlifePhotography&Journaling

12

FirearmSafetyandShootingSkills

13

Leadership&TeamBuilding

14

Trifolds!Trifolds!Trifolds!

15

MarchingandCadences
Allacrossthisgreatnation
Wereinneedofconservation
Progressnowisbeingmade
IntheWaterfowlBrigade

16

PublicSpeakingandMediaSkills

17

TellmeandIforget.
ShowmeandIremember.
InvolvemeandIunderstand.
TheBrigadesMotto

18

CriticalThinkingandLifeSkills

19

HuntingEthics

20

FriendlyCompetition!
Flockscompetein:
Trivia,Art,Calling,Decoys,
Journaling,andmore

21

WaterfowlAnatomyandPhysiology

22

TechnologyinWildlifeManagement

RadioTelemetry

GPS
23

HabitatEvaluation

24

Formoreinformation:
855TXBRIGS
2105561391
www.texasbrigades.org
25

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

Approve payment of County invoices.

ITEM TYPE

MEETING DATE

CONSENT

August 16, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR APPROVAL:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Auditors Office

HERZOG

N/A

SUMMARY

26

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

Approve Commissioner Court Minutes of August 9, 2016.

ITEM TYPE

MEETING DATE

CONSENT

August 16, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Gonzalez

COBB

N/A

SUMMARY

27

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
DEBBIE GONZALES INGALSBE
MARK JONES
WILL CONLEY
RAY O. WHISENANT JR
LIZ Q. GONZALEZ

COUNTY JUDGE
COMMISSIONER,
COMMISSIONER,
COMMISSIONER,
COMMISSIONER,
COUNTY CLERK

PCT.
PCT.
PCT.
PCT.

1
2
3
4

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 144-67600.5741; 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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HAYS COUNTY COMMISSIONERS' COURT MINUTES AUGUST 9, 2016

*****
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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HAYS COUNTY COMMISSIONERS' COURT MINUTES AUGUST 9, 2016

*****
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,

30

HAYS COUNTY COMMISSIONERS' COURT MINUTES AUGUST 9, 2016

*****

*****

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
Clerks 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 JUDGES
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 Courts consideration. The Court will bring this item back next week for the
Courts 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
Courts 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 Courts consideration.
County Clerks 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 Clerks 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 Clerks 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 Countys current maximum jail capacity is 362 inmates.
Jail Standards recommends holding approximately 10% of capacity open. That lowers our capacity to 311. The
jails 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 weeks average was 69 and peak was 77 on 8/3/2016. The
maximum male capacity is 256 inmates. Last weeks 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.
31

HAYS COUNTY COMMISSIONERS' COURT MINUTES AUGUST 9, 2016

*****

*****

ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION


Judge Cobb gave todays Drought Index: 563. The Burn Ban will remain in effect.
County Clerks 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

32

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

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

ITEM TYPE

MEETING DATE

CONSENT

August 16, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

REQUESTED BY

Maiorka/Borcherding

N/A

SPONSOR

CO-SPONSOR

COBB

N/A

SUMMARY

(See attached) All terms and conditions remain unchanged and in full force and effect as provided in original
contract.
25B170398

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

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

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.
ITEM TYPE

MEETING DATE

CONSENT

August 16, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Cowan

COBB

N/A

SUMMARY

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.
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, Pl 2 Unexpired Term, Constable Pct. 1, Constable Pct. 2, Constable, Pct. 3,
Constable Pct. 4 and Constable Pct. 5.
25B79106384

26B5380174

50

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 eleccin 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, Seccin 65, de la Constitucin de Texas.)
(List Offices) (Enmere 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 votacin adelantada en persona se llevar a cubo de Lunes a Viernes en)
712 S. Stagecoach Trail, San Marcos, TX 78666
(location) (sito)
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 maana 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 votarn adelantada por correo debern 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 votarn adelantada por correo debern recibirse paara el fin de
las horas de negocio el: 28 de Octubre 2016.

Issued this the 16 day of August, 2016.


(Emitada este dia 16 de Augusto, 2016.)
__________________________________________________
Signature of County Judge (Firma del Juez del Condado)

51

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

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.
ITEM TYPE

MEETING DATE

CONSENT

August 16, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

BILL HERZOG

REQUESTED BY

SPONSOR

CO-SPONSOR

CUTLER

COBB

N/A

SUMMARY

The 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.
25B170398

52

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

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.
ITEM TYPE

MEETING DATE

CONSENT

August 16, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

BILL HERZOG

REQUESTED BY

SPONSOR

CO-SPONSOR

Hauff

COBB

N/A

SUMMARY

The 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.
25B170398

53

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 Countys 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.
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

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 OAGs SAVNS grant program.

54

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:

Signature
Thomas R. Seigle
President

CUSTOMER BY:

8/01/2016
Date

__________________________________
Signature
Date

08-16-2016
Bert Cobb, M.D.
__________________________________
Title

55

Hays County Judge

Name

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

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.
ITEM TYPE

MEETING DATE

CONSENT

August 16, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

BILL HERZOG

REQUESTED BY

SPONSOR

CO-SPONSOR

Hauff

COBB

N/A

SUMMARY

This 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.
25B170398

56

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 ServicesStatement 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.

GRANTEES 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

57

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 GRANTEEs 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.
4.1

GRANTEES OBLIGATIONS AND REQUIRED REPORTS

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

58

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: GRANTEEs 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 GRANTEEs name requires an amendment to the contract.
To change an Authorized Official, GRANTEE must submit a written request on GRANTEEs
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 GRANTEEs 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 OAGs access to such

59

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

60

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
GRANTEEs 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, GRANTEEs 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

FOLLOWING
CONTRACT:

PROVISIONS

Reimbursement Details.

SPECIFICALLY

APPLY

TO

THE
THIS

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.

62

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

Monitoring. The OAG is responsible for closely monitoring GRANTEE to ensure the
5.1
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.

63

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

Termination for Convenience. Either Party may, at its sole discretion, terminate this
6.1
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

64

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.
Notices to Certified Vendor. Any termination of this contract will also be forwarded by
6.5
the terminating party to the Certified Vendor.
SECTION 7.

AUDIT RIGHTS; RECORDS RETENTION

Duty to Maintain Records. GRANTEE shall maintain adequate records that enable the
7.1
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 Auditors 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. GRANTEEs 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

65

OAG shall provide GRANTEE with up to five (5) business days advance notice of any such
examination or audit.
State Auditor. In addition to and without limitation on the other audit provisions of this
7.5
contract, pursuant to Section 2262.154 of the Texas Government Code, the State Auditors 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 Auditors 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
Auditors Office must provide the State Auditors Office with access to any information the State
Auditors Office considers relevant to the investigation or audit. GRANTEE further agrees to
cooperate fully with the State Auditors 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 Auditors 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.
Location. Any audit of records shall be conducted at GRANTEEs principal place of
7.6
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:
OAG-Grants@texasattorneygeneral.gov

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

66

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:
OAG-Grants@texasattorneygeneral.gov
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 GRANTEEs 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.

67

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.

68

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 GRANTEEs 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 GRANTEEs 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
GRANTEEs contractors shall be considered to be solely the employees or agents of GRANTEE
or GRANTEEs contractors. GRANTEE or GRANTEEs 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 GRANTEEs 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

69

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 GRANTEEs 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 royaltyfree, 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 OAGs 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 OAGs sole discretion to approve any subcontracting or
assignment.

70

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 Securitys E-Verify System. GRANTEE will ensure
that it utilizes the U.S. Department of Homeland Securitys 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.

71

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: _________________


Office of the Attorney General

Printed Name: _____________________


Bert Cobb, M.D.
Authorized Official

72

SAVNS MAINTENANCE GRANT CONTRACT BETWEEN


THE OFFICE OF THE ATTORNEY GENERAL
AND
HAYS COUNTY
OAG Contract No. 1770957
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 GRANTEES 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

Standard
Maintenance
Phase

$23,765.16

$3,950.16

Maximum
Number of
Months
12

Total Grant Funds


SHALL NOT
EXCEED
$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.

73

SAVNS MAINTENANCE GRANT CONTRACT BETWEEN


THE OFFICE OF THE ATTORNEY GENERAL
AND
HAYS COUNTY
OAG Contract No. 1770957
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

74

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

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.
ITEM TYPE

MEETING DATE

CONSENT

August 16, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

REQUESTED BY

Maiorka/Herzog

N/A

SPONSOR

CO-SPONSOR

COBB

N/A

SUMMARY

(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)
25B170398

75

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

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.
ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

CONSENT

August 16, 2016

N/A

LINE ITEM NUMBER

N/A

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Constable David Peterson

INGALSBE

N/A

SUMMARY

Pursuant to Local Government Code Chapter 86 Subchapter B 86.011 (a) The Commissioner's Court shall approve
and confirm the appointment of a Deputy Constable.
27B56814309

28B5761430

76

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

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.
ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

CONSENT

August 16, 2016

NTE $35,975

LINE ITEM NUMBER

001-645-00.5741

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

GARZA

JONES

N/A

SUMMARY

On 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.
27B583196

77

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

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.
ITEM TYPE

MEETING DATE

ACTION-ROADS

August 16, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Jerry Borcherding

CONLEY

N/A

SUMMARY

Staff 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.
25B170398

78

ER

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Page:78

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79

1:24000

THOMPSON RAN

THOMPSON
RANCH
EST

Aug 10, 2010

Page:78

96

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

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.
ITEM TYPE

MEETING DATE

ACTION-ROADS

August 16, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Jerry Borcherding

WHISENANT

N/A

SUMMARY

Staff 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.
25B170398

80

81

82

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

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.
ITEM TYPE

MEETING DATE

ACTION-ROADS

August 16, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Jerry Borcherding

WHISENANT

N/A

SUMMARY

Staff 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.).
25B170398

83

Page:37

27

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84

1:24000

Aug 10, 2010

Page:37

51

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

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.
ITEM TYPE

MEETING DATE

ACTION-ROADS

August 16, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Jerry Borcherding

JONES

N/A

SUMMARY

Staff 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.
25B170398

85

86

87

88

89

90

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

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.
ITEM TYPE

MEETING DATE

ACTION-ROADS

August 16, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Jerry Borcherding

JONES

N/A

SUMMARY

Staff 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.).
25B170398

91

Page:36

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92

1:24000

Aug 10, 2010

Page:36

50

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

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.
ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

ACTION-MISCELLANEOUS

August 16, 2016

$3,000/year

LINE ITEM NUMBER

N/A

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

CARPENTER/CUTLER

COBB

N/A

SUMMARY

See the attached ILA. Additional information may be provided in Court.


27B583196

93

INTERLOCAL COOPERATION AGREEMENT BETWEEN HAYS COUNTY AND


THE CITY OF SAN MARCOS FOR ACCESS TO THE CITYS 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 Departments (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.

94

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 Citys 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 Citys 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.

95

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 agencys
data, with the exception of the Citys 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 Citys 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 Countys personnel with any training or
information technology support (IT Support) in connection with the Countys 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 Citys 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 Citys 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 Citys 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.

96

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 Partys 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 Countys 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 Countys fiscal year (on or before
April 1st of each calendar year) before any such cost adjustment is proposed. Such fees
will cover the Countys access to and the City administration and maintenance of the
SMPD System, IT Support, and the Universitys 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

97

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

98

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 Citys 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

The Parties acknowledge that they have read, understand and


Binding Effect.
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)

99

HAYS COUNTY
By: __________________________________
Bert Cobb, M.D.
Hays County Judge

____________________
Date

ATTEST:
By:____________________________________
Liz Q. Gonzalez
Hays County Judge

__________________________
Date

CITY OF SAN MARCOS


By: __________________________________

____________________
Date

______________________________________
Printed Name/Title
ATTEST:
By:____________________________________
_______________________________________
Printed Name, Title

100

__________________________
Date

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

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.
ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

ACTION-MISCELLANEOUS

August 16, 2016

$12,000.00

LINE ITEM NUMBER

171-691-00.5448

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Clint Garza/Justin McInnis

COBB

N/A

SUMMARY

Over 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.
27B583196

101

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 Countys 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.

102

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
Contractors 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 Countys 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
Countys receipt of Contractors 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
Agreement shall be provided in writing
County, Attn: County Judge, 111 E. San
Marcos, Texas 78666; fax 512-392-6500;

103

or regarding this
to the County at: Hays
Antonio, Suite 300 San
bert.cobb@co.hays.tx.us

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
Countys acceptance of Contractors 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 Contractors 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 Contractors 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

104

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
partys 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.

105

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 partys 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


Agreement follow on the next page.

106

this

Professional

Services

107

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 Countys 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

108

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

109

EXHIBIT B

Fee Schedule
TOTAL
BUDGET

TASK
Task 1: Data Inventory
Task 2: Basic Web Maps
TOTAL

$5,000
$7,000
$12,000

Rate Schedule
Rate Category
PRINC
PM
Task Leader (SR PE)
Task Leader (MID PE)
Task Leader (JR PE)
EIT
QA/QC MGR
Task Leader (GISP, PE)
GIS
CADD
Task Leader (RPLS)
SURVEY TECH
2 MAN CREW
GPS PROCESSING
ADMIN

Hourly Rate
$261.00
$180.00
$203.00
$155.00
$110.00
$95.00
$203.00
$173.00
$83.00
$86.00
$159.00
$86.00
$134.00
$30.00
$62.00

110

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 Consultants completion of the professional
services that are the subject of this Agreement and
Consultants receipt of payment in full for said services,
Consultant agrees that the final instruments representing
Consultants 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. ______________________________________________________________
______________________________________________________________
__

111

EXHIBIT D

Project Schedule for the Performance of Consultants


Professional Services

TASK NAME
NOTICE TO PROCEED
Task 1: Data Inventory
Task 2: Basic Web Maps

Duration
(days)
1
10
20

112

Start
22-Aug-16
22-Aug-16
5-Sep-16

Finish
5-Sep-16
30-Sep-16

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

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

MEETING DATE

AMOUNT REQUIRED

ACTION-MISCELLANEOUS

August 16, 2016

N/A

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Cowan

COBB

N/A

SUMMARY

Discussion with possible action to adopt the Early Voting Schedule for the November 8, 2016, General Election.
(Oct. 24th thru Nov. 4th, 2016
26B5380174

113

HAYS COUNTY EARLY VOTING


(Votacin 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 Votacin para la Votacin Anticipada)
GOVERNMENT CENTER
CONFERENCE ROOM
712 S. Stagecoach Trail
San Marcos, TX 78666

Monday, October 24 through Friday, October 28, 2016


(Lunes, 24 de Octubre hasta el Viernes, 28 de Octubre de 2016)
8:00 a.m. to 5:00 p.m. (8:00 am este las 5:00 pm)
Saturday, October 29, 2016
(Sbado, 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 Votacin para la Votacin Anticipada)

October 2016
Octubre 2016

Monday 24th
Government Center
Conference Room
712 S. Stagecoach Trail
San Marcos, TX (8 am 5 pm)

Tuesday 25th
Government Center
Conference Room
712 S. Stagecoach Trail
San Marcos, TX (8 am 5 pm)

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 Health Dept


401 A Broadway St
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 4 Office


195 Roger Hanks Pkwy
Dripping Springs, 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)

Hays County Precinct 2 Office


5458 FM 2770 @ Crystal Meadow Dr.
Kyle, 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)

Wimberley Community Center


14068 Ranch Rd. 12
Wimberley, 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)

Texas State University


LBJ Student Center
700 Student Center Dr.
San Marcos, TX (11am 7pm)

Texas State University


LBJ Student Center
700 Student Center Dr.
San Marcos, TX (11am 7pm)

114

Thursday 27th
Government Center
Conference Room
712 S. Stagecoach Trail
San Marcos, TX (8 am 5 pm)

Friday 28th
Government Center
Conference Room
712 S. Stagecoach Trail
San Marcos, TX (8 am 5 pm)

Saturday 29th
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 (8 am 5 pm)

Hays County Health Dept


401 A Broadway St
San Marcos, TX (8 am 5 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 (8 am 5 pm)

Hays County Precinct 4 Office


195 Roger Hanks Pkwy
Dripping Springs, TX (8 am 5 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 (8 am 5 pm)

Hays County Precinct 2 Office


5458 FM 2770 @ Crystal Meadow Dr.
Kyle, TX (8 am 5 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 (8 am 5 pm)

Wimberley Community Center


14068 Ranch Rd. 12
Wimberley, TX (8 am 5 pm)

Wimberley Community Center


14068 Ranch Rd. 12
Wimberley, TX (7 am 7 pm)

Texas State University


LBJ Student Center
700 Student Center Dr.
San Marcos, TX (11am 7pm)

Belterra Welcome Center


151 Trinity Hills Dr.
Austin, TX 78737 (7 am 7 pm)

Sunday 30th
Government Center
Conference Room
712 S. Stagecoach Trail
San Marcos, TX (1 pm 6 pm)

Monday 31st
Government Center
Conference Room
712 S. Stagecoach Trail
San Marcos, TX (7 am 7 pm)

Tuesday 1st
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 (1 pm 6 pm)

Hays County Health Dept


401 A Broadway St
San Marcos, TX (7am 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 (1 pm 6 pm)

Hays County Precinct 4 Office


195 Roger Hanks Pkwy
Dripping Springs, TX (7 am 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 (1 pm 6 pm)

Hays County Precinct 2 Office


5458 FM 2770 @ Crystal Meadow Dr.
Kyle, 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 (1 pm 6 pm)

Wimberley Community Center


14068 Ranch Rd. 12
Wimberley, 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
(1 pm 6 pm)

Buda City Hall


121 N Main St.
Buda, TX 78610 (7 am 7 pm)

115

Wednesday 2nd
Government Center
Conference Room
712 S. Stagecoach Trail
San Marcos, TX (7 am 7 pm)

Thursday 3rd
Government Center
Conference Room
712 S. Stagecoach Trail
San Marcos, TX (7 am 7 pm)

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 Health Dept


401 A Broadway St
San Marcos, TX (7am 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 4 Office


195 Roger Hanks Pkwy
Dripping Springs, TX (7 am 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)

Hays County Precinct 2 Office


5458 FM 2770 @ Crystal Meadow Dr.
Kyle, 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)

Wimberley Community Center


14068 Ranch Rd. 12
Wimberley, 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)

Buda City Hall


121 N Main St.
Buda, TX 78610 (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 Votacin 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 Votacin 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 estn disponibles en la oficina de elecin, 712 S. Stagecoach Trail, Suite 1045, San Marcos, TX.)

116

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

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

ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

ACTION-MISCELLANEOUS

August 16, 2016

N/A

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Cowan

COBB

N/A

SUMMARY

Discussion with possible action to adopt the Election Day Polling sites for the November 8, 2016 General Election
26B5380174

117

November 8, 2016
PCT.

POLLING PLACE

7 a.m. 7 p.m.

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

232

Southern Hills Church of Christ

3740 Ranch Rd 967

Buda

234

Goforth Water Supply

8900 Niederwald Strasse

Niederwald

236

Southern Hills Church of Christ

3740 Ranch Rd 967

Buda

238

Southern Hills Church of Christ

3740 Ranch Rd 967

Buda

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

330

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

334

Crockett Elementary School

1300 Girard St

San Marcos

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

417

Blanco Vista School

2951 Blanco Vista Blvd

San Marcos

418

Blanco Vista School

2951 Blanco Vista Blvd

San Marcos

419

Wallace Middle School

1500 W Center St

Kyle

420

Wallace Middle School

1500 W Center St

Kyle

421

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 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

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.
ITEM TYPE

MEETING DATE

ACTION-MISCELLANEOUS

August 16, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

N/A

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Kennedy

COBB

N/A

SUMMARY

Detailed 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.
26B5380174

119

ESD 1 & 6

ESD 1 & 6

ESD 1 & 6
ESD 2 & 8

NE
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ERO

MA
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1626

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35

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80

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YL

RD

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RR
IS

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1:165,000

Date: 4 April 2016

120

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

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.
ITEM TYPE

MEETING DATE

ACTION-MISCELLANEOUS

August 16, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Lon Shell

COBB

N/A

SUMMARY

Hays 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.
25B4831709

The 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.
26B58413709

Notice of the Public Hearing has been posted in accordance with 293.101 of the Texas Health and Safety Code.
27B56814309

During 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.
28B5761430

121

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

6
7

amended by adding Chapter 293 to read as follows:


CHAPTER 293.

COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM IN

CERTAIN COUNTIES

SUBCHAPTER A.

10

Sec.A293.001.AADEFINITIONS.

11
12

(1)AA"Institutional

care

15

chapter.

provider

16

19

22
23
24

care

provider"

means

required

to

make

mandatory

payment

under

this

(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:

20
21

health

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

14

18

In this chapter:

nonpublic hospital licensed under Chapter 241.

13

17

GENERAL PROVISIONS

(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

1
122

H.B.ANo.A3175
1

300,000.

Sec.A293.003.AACOUNTY

HEALTH

CARE

PROVIDER

PARTICIPATION

PROGRAM;

provider participation program authorizes a county to collect a

mandatory

located

participation fund established by the county.

be used by the county to fund certain intergovernmental transfers

and indigent care programs as provided by this chapter.

PARTICIPATION

payment

in

the

IN

from

PROGRAM.

each

county

to

(a)

institutional
be

deposited

county

health
in

health

care

local

care

provider
provider

Money in the fund may

10

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

11

county to participate in the program, subject to the limitations

12

provided by this chapter.

13

SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONERS COURT

14

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

15

PAYMENT.

16

mandatory payment authorized under this chapter by an institutional

17

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

18

this chapter.

19

The

commissioners

court

of

county

Sec.A293.052.AAMAJORITY VOTE REQUIRED.

may

require

The commissioners

20

court

21

mandatory

22

affirmative vote of a majority of the members of the commissioners

23

court.

24

of

county

payment

may

not

authorize

authorized

Sec.A293.053.AARULES

under

AND

the
this

county

to

chapter

PROCEDURES.

collect
without

After

a
an

the

25

commissioners

26

authorized under this chapter, the commissioners court may adopt

27

rules relating to the administration of the mandatory payment.

court

has

voted

to

2
123

require

mandatory

payment

H.B.ANo.A3175
1

Sec.A293.054.AAINSTITUTIONAL

HEALTH

CARE

PROVIDER

REPORTING; INSPECTION OF RECORDS.

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.

(a)

The commissioners court of a

10

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

11

mandatory payment authorized under this chapter may inspect the

12

records of an institutional health care provider to the extent

13

necessary to ensure compliance with the requirements of Subsection

14

(a).

15

SUBCHAPTER C.

16

Sec.A293.101.AAHEARING.

GENERAL FINANCIAL PROVISIONS


(a)

Each year, the commissioners

17

court of a county that collects a mandatory payment authorized

18

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

19

mandatory payments that the commissioners court intends to require

20

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

21

to be spent.

22

(b)AANot

later

than

the

10th

day

before

the

date

of

the

23

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

24

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

25

general circulation in the county.

26

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

27

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

3
124

H.B.ANo.A3175
1

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.

until a successor is designated.

A bank designated as a depository serves for two years or

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

10

including

11

discounts and fees for assessing and collecting the payments are

12

deducted, shall be deposited with the county depository in the

13

county s local provider participation fund and may be withdrawn

14

only as provided by this chapter.

15
16
17

the

revenue

from

mandatory

payments

remaining

after

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


manner provided for securing county funds.
Sec.A293.103.AALOCAL

PROVIDER

PARTICIPATION

FUND;

18

AUTHORIZED

19

mandatory payment authorized under this chapter shall create a

20

local provider participation fund.

21
22

USES

(b)AAThe

OF

MONEY.

local

(a)

provider

Each

county

participation

that

fund

collects

of

county

consists of:

23

(1)AAall revenue received by the county attributable to

24

mandatory payments authorized under this chapter, including any

25

penalties and interest attributable to delinquent payments;

26

(2)AAmoney received from the Health and Human Services

27

Commission as a refund of an intergovernmental transfer from the

4
125

H.B.ANo.A3175
1

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.

6
7

(c)AAMoney

to

the

local

provider

participation

fund may be used only to:

8
9

deposited

(1)AAfund intergovernmental transfers from the county


to

the

state

to

provide

the

nonfederal

share

of

Medicaid

10

supplemental payment program authorized under the state Medicaid

11

plan, the Texas Healthcare Transformation and Quality Improvement

12

Program waiver issued under Section 1115 of the federal Social

13

Security

Act

14

program

authorizing

15

programs;

(42

U.S.C.

Section

similar

1315),

or

Medicaid

(2)AAsubsidize indigent programs;

17

(3)AApay

18
19
20

administrative

successor

supplemental

16

the

expenses

of

the

waiver
payment

county

solely for activities under this chapter;


(4)AArefund a portion of a mandatory payment collected
in error from a paying hospital; and

21

(5)AArefund to paying hospitals the proportionate share

22

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

23

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

24

supplemental payment program payments.

25
26
27

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


be commingled with other county funds.
(e)AAAn

intergovernmental

transfer

5
126

of

funds

described

by

H.B.ANo.A3175
1

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.

8
9

MANDATORY PAYMENTS

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


NET PATIENT REVENUE.

(a)

Except as provided by Subsection (e), the

10

commissioners court of a county that collects a mandatory payment

11

authorized

12

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

13

institutional health care provider located in the county.

14

first

15

mandatory payment is assessed on the net patient revenue of an

16

institutional

17

reported to the Department of State Health Services under Sections

18

311.032 and 311.033 in the fiscal year ending in 2014.

19

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

20

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

21

chapter must be uniformly proportionate with the amount of net

22

patient revenue generated by each paying hospital in the county.

23

mandatory

24

harmless any institutional health care provider, as required under

25

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

26
27

under

year

in

this

which

health

payment

chapter

the

care

may

require

mandatory

provider

authorized

under

an

payment

as

annual

is

chapter

In the

required,

determined

this

mandatory

by

the

the

data

The county

may

not

hold

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


mandatory

payment

authorized

under

6
127

this

chapter

shall

set

the

H.B.ANo.A3175
1

amount

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

revenue of all paying hospitals in the county.

of

the

that

mandatory

exceeds

six

payment.

percent

The

of

amount

the

of

the

aggregate

mandatory

net

patient

(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

10

payments in amounts that in the aggregate will generate sufficient

11

revenue to cover the administrative expenses of the county for

12

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

13

Medicaid supplemental payment program, and to pay for indigent

14

programs, except that the amount of revenue from mandatory payments

15

used for administrative expenses of the county for activities under

16

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

17

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

18
19
20

(e)AAA

paying

hospital

may

not

add

mandatory

payment

required under this section as a surcharge to a patient.


Sec.A293.152.AAASSESSMENT

AND

COLLECTION

OF

MANDATORY

21

PAYMENTS.

22

assessor-collector shall collect the mandatory payment authorized

23

under this chapter.

24

and deduct from mandatory payments collected for the county a fee

25

for collecting the mandatory payment in an amount determined by the

26

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

27

assessor-collector s usual and customary charges.

(a)

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

The county tax assessor-collector shall charge

7
128

H.B.ANo.A3175
1

(b)AAIf

determined

by

the

commissioners

court

to

be

appropriate,

assessment

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

ad valorem taxes.

the

and

commissioners

collection

(c)AARevenue

from

of

court

mandatory

fee

may

contract

payments

charged

by

in

for

the

the

manner

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.

10

Sec.A293.153.AAINTEREST,

PENALTIES,

AND

DISCOUNTS.

11

Interest, penalties, and discounts on mandatory payments required

12

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

13

valorem taxes.

14

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

15

PROCEDURE.

16

by collecting from institutional health care providers a mandatory

17

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

18

supplemental payment program.

(a)

The purpose of this chapter is to generate revenue

19

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

20

chapter causes a mandatory payment authorized under this chapter to

21

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

22

rule for an alternative provision or procedure that conforms to the

23

requirements

24

Services.

of

the

federal

Centers

for

Medicare

and

Medicaid

25

SECTIONA2.AAIf before implementing any provision of this Act

26

a state agency determines that a waiver or authorization from a

27

federal agency is necessary for implementation of that provision,

8
129

H.B.ANo.A3175
1

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.

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

Act takes effect September 1, 2015.

9
130

If this

H.B.ANo.A3175

______________________________

______________________________

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

10
131

Hospital
CTMC
Oceans
Seton
Warm Spirngs

2016 Assessed
Amount

Payment 1

Payment 2

Payment 3

Payment 4

Total Payments
Received

$ 4,934,458.02 $ 1,233,614.50 $ 1,233,614.50 $ 1,233,614.50 $ 1,233,614.52 $


$
$ 6,163,271.16 $ 1,540,817.79 $ 1,540,817.79 $ 1,540,817.79 $ 1,540,817.79 $
$ 162,754.74 $
40,688.68 $
40,688.68 $
40,688.68
$

4,934,458.02
6,163,271.16
122,066.04

total

$ 11,219,795.22

LPPF IGT Date

LPPF IGT Amount

10/7/2015
10/7/2015
2/5/2016
4/8/2016

$
$
$
$

2,020,509.16
1,516,471.41
2,275,912.98
2,313,768.12

total

8,126,661.67

3,093,133.55

account balance w/o interest

current account balance


$3,103,217.73
provided by Hays County Treasurer's Office

132

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

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)
ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

ACTION-MISCELLANEOUS

August 16, 2016

TBD

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

CONLEY

CONLEY

WHISENANT

SUMMARY

Per 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.
26B5481039

Potential 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.
27B583196

133

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

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.
ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

WORKSHOP

August 16, 2016

TBD

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

INGALSBE

INGALSBE

CONLEY

SUMMARY

134

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

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.
ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

WORKSHOP

August 16, 2016

TBD

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

JONES

JONES

WHISENANT

SUMMARY

135

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

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.
ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

WORKSHOP

August 16, 2016

N/A

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

REQUESTED BY

SUMMARY

136

N/A

SPONSOR

CO-SPONSOR

COBB

N/A

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

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

ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

WORKSHOP

August 16, 2016

N/A

LINE ITEM NUMBER

N/A

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Bill Herzog

COBB

N/A

SUMMARY

137

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

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.
ITEM TYPE

MEETING DATE

EXECUTIVE SESSION

August 16, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

JONES

JONES

N/A

SUMMARY

Summary to be provided in Executive Session.


25B170398

138

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

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.
ITEM TYPE

MEETING DATE

AMOUNT REQUIRED

EXECUTIVE SESSION

August 16, 2016

N/A

LINE ITEM NUMBER

N/A

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Mark Kennedy

COBB

N/A

SUMMARY

Litigation update to be provided in Executive Session.


27B583196

139

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

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.
ITEM TYPE

MEETING DATE

EXECUTIVE SESSION

August 16, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Kennedy

INGALSBE

N/A

SUMMARY

Summary to be provided in Executive Session.


25B170398

140

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

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.
ITEM TYPE

MEETING DATE

EXECUTIVE SESSION

August 16, 2016

AMOUNT REQUIRED

LINE ITEM NUMBER

AUDITOR USE ONLY


AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED:

N/A

AUDITOR REVIEW:

N/A

REQUESTED BY

SPONSOR

CO-SPONSOR

Cobb

COBB

N/A

SUMMARY

Summary to be provided in Executive Session.


25B170398

141