presentations & proclamations · 2018-11-14 · commissioners court –may 16, 2017 notice of a...

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Commissioners Court –May 16, 2017 NOTICE OF A MEETING OF THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS This Notice is posted pursuant to the Texas Open Meetings Act. (VERNONS TEXAS CODES ANN. GOV. CODE CH.551). The Hays County Commissioners Court will hold a meeting at 9:00 A.M. on the 16 th day of May, 2017, 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 3 Presentation by Capital Metro Transportation Authority to give an update on Project Connect. CONLEY 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 4 Approve payments of county invoices. VILLARREAL-ALONZO 3 5-9 Approve Commissioners Court Minutes of May 9, 2017. COBB/GONZALEZ 4 10 Authorize Commercial OSSF Permit at 12440 Trail Driver, Dripping Springs, TX 78620. WHISENANT/MCINNIS 5 11-12 Authorize the County Judge to execute Amendment 4 to the grant Project Agreement with the Texas Parks and Wildlife Department (TPWD) to extend the completion date for the Dahlstrom Ranch Trails project to June 30, 2018. JONES/HAUFF 6 13 Authorize purchases for vehicle graphics for the fleet of vehicles for the Constable Precinct 2 Office and amend the budget accordingly. JONES/TORRES 7 14 Authorize Commercial OSSF Permit at 13210 W HWY 290, Austin, TX 78737. WHISENANT/MCINNIS 8 15-16 Authorize the transfer of a 2006 Honda Motorcycle from the Hays County Constable, Pct. 4 office to the Hays County Constable, Pct. 5 Office. WHISENANT/HOOD 9 17-28 Approve Utility Permits. COBB/BORCHERDING 10 29 Authorize the County Judge to submit the Budget Summary to the Department of State Health Services (DSHS) for Federal funding for the Tuberculosis program in the Hays County Local Health Department in the amount of $22,297.00. INGALSBE/GARZA/HAUFF 11 30 Authorize the Constable Precinct 1 Office to purchase two new Mossberg Shotguns for the Chief Deputy Constable and for the downtown County Courthouse satellite office. INGALSBE/PETERSON 12 31-60 Approval of the specifications for IFB 2017-B05 Regulatory Road Signs and authorize Purchasing Manager to solicit for bids and advertise. COBB/LAPOINTE/VILLARREAL-ALONZO 13 61-62 Approve amendment to Section 6.07 of the Hays County Personnel policy which would change the maximum days an employee could use from the Hays County Sick Pool from 90 to 180. COBB/TUTTLE 14 63 Authorize the Juvenile Detention Center to purchase one replacement Matrix 2 Tank 48k water softener and amend the budget accordingly. COBB/LITTLEJOHN 15 64 Authorize the Constable Precinct 3 Office to add a telephone allowance effective May 1, 2017 for Deputy Constable, slot 0885-020 and amend the budget accordingly. CONLEY/HELM 16 65 Authorize an increase in the line of credit from $1,500 to $5,000 for two cardholders in the District Court offices. COBB/STEEL ACTION ITEMS ROADS 17 66-67 Discussion and possible action to call for a public hearing on May 30, 2017 to establish traffic regulations on Sawyer Ranch Road between Belterra Drive and Cool Spring Way (reduce existing speed limit). WHISENANT/BORCHERDING

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Page 1: PRESENTATIONS & PROCLAMATIONS · 2018-11-14 · Commissioners Court –May 16, 2017 NOTICE OF A MEETING OF THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS This Notice is posted pursuant

Commissioners Court –May 16, 2017 NOTICE OF A MEETING OF THE

COMMISSIONERS COURT OF HAYS COUNTY, TEXAS

This Notice is posted pursuant to the Texas Open Meetings Act. (VERNONS TEXAS CODES ANN. GOV. CODE CH.551). The Hays County Commissioners Court will hold a meeting at 9:00 A.M. on the 16th day of May, 2017, 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 3 Presentation by Capital Metro Transportation Authority to give an update on Project Connect. CONLEY

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 4 Approve payments of county invoices. VILLARREAL-ALONZO 3 5-9 Approve Commissioners Court Minutes of May 9, 2017. COBB/GONZALEZ

4 10 Authorize Commercial OSSF Permit at 12440 Trail Driver, Dripping Springs, TX 78620. WHISENANT/MCINNIS

5 11-12 Authorize the County Judge to execute Amendment 4 to the grant Project Agreement with the Texas Parks and Wildlife Department (TPWD) to extend the completion date for the Dahlstrom Ranch Trails project to June 30, 2018. JONES/HAUFF

6 13 Authorize purchases for vehicle graphics for the fleet of vehicles for the Constable Precinct 2 Office and amend the budget accordingly. JONES/TORRES

7 14 Authorize Commercial OSSF Permit at 13210 W HWY 290, Austin, TX 78737. WHISENANT/MCINNIS

8 15-16 Authorize the transfer of a 2006 Honda Motorcycle from the Hays County Constable, Pct. 4 office to the Hays County Constable, Pct. 5 Office. WHISENANT/HOOD

9 17-28 Approve Utility Permits. COBB/BORCHERDING

10 29 Authorize the County Judge to submit the Budget Summary to the Department of State Health Services (DSHS) for Federal funding for the Tuberculosis program in the Hays County Local Health Department in the amount of $22,297.00. INGALSBE/GARZA/HAUFF

11 30 Authorize the Constable Precinct 1 Office to purchase two new Mossberg Shotguns for the Chief Deputy Constable and for the downtown County Courthouse satellite office. INGALSBE/PETERSON

12 31-60 Approval of the specifications for IFB 2017-B05 Regulatory Road Signs and authorize Purchasing Manager to solicit for bids and advertise. COBB/LAPOINTE/VILLARREAL-ALONZO

13 61-62 Approve amendment to Section 6.07 of the Hays County Personnel policy which would change the maximum days an employee could use from the Hays County Sick Pool from 90 to 180. COBB/TUTTLE

14 63 Authorize the Juvenile Detention Center to purchase one replacement Matrix 2 Tank 48k water softener and amend the budget accordingly. COBB/LITTLEJOHN

15 64 Authorize the Constable Precinct 3 Office to add a telephone allowance effective May 1, 2017 for Deputy Constable, slot 0885-020 and amend the budget accordingly. CONLEY/HELM

16 65 Authorize an increase in the line of credit from $1,500 to $5,000 for two cardholders in the District Court offices. COBB/STEEL

ACTION ITEMS

ROADS

17 66-67 Discussion and possible action to call for a public hearing on May 30, 2017 to establish traffic regulations on Sawyer Ranch Road between Belterra Drive and Cool Spring Way (reduce existing speed limit). WHISENANT/BORCHERDING

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18 68 Discussion and possible action to call for a public hearing on May 30, 2017 to establish a school zone speed limit of 20 MPH on Dacy Lane for McCormick Middle school. JONES/BORCHERDING

SUBDIVISIONS

19 69-96 SUB-720 Panther Hollow Subdivision (2 Lots). Discussion and possible action to approve final plat. CONLEY/STRICKLAND

20 97-103 SUB-687 Anthem Phase 1 Preliminary Plan (234 Lots). Discussion and possible action to approve preliminary plan. JONES/STRICKLAND

21 104-107 SUB 471 - The Fields at Wimberley Springs Subdivision (1 lot). Discussion and possible action to authorize the filing of the record plat for the Fields at Wimberley Springs Final plat. CONLEY/STRICKLAND

22 108-110 SUB-756 Medlin Creek Ranch (39 Lots). Discussion and possible action to approve preliminary plan. WHISENANT/STRICKLAND

MISCELLANEOUS

23 111 Discussion and possible action to authorize the Parks Division of Development and Community Services to accept international credit card payments in an amount not to exceed $50.00 per transaction, for reservations at Hays County park locations. CONLEY/JONES/GARZA

24 112 Discussion and possible action to approve a fee of $1,000.00 per month, effective October 1, 2017, payable by the Hays Central Appraisal District (HCAD) to cover Hays County's administration and maintenance of health benefits for HCAD employees. COBB/TUTTLE

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.

25 113 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

26 114 Executive Session pursuant to 551.071 of the Texas Government Code: consultation with counsel(s) regarding pending and/or contemplated litigation involving Hays County. Possible action may follow. 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.

27 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

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

29 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 May, 2017

COMMISSIONERS COURT, HAYS COUNTY, TEXAS

______________________________________________ CLERK OF THE COURT

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

(512) 393-2205 as soon as the meeting is posted (72 hours before the meeting) or as soon as practical so that appropriate arrangements can be made. While it would be helpful to receive as much advance notice as possible, Hays County will make every reasonable effort to accommodate any valid request regardless of when it is received.

Braille is not available.

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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 by Capital Metro Transportation Authority to give an update on Project Connect.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

PROCLAMATIONS/PRESENTATIONS May 16, 2017 n/a

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR Eric M. Bustos

Government Relations Coordinator Capital Metropolitan Transportation Authority

CONLEY N/A

SUMMARY 26B54B82B110B138B166B194B222B250BProject Connect is a plan designed to create a system of high-capacity transit options that will connect people, places and opportunities in an affordable, efficient and sustainable way. High-capacity transit travels the entire trip, or a portion of its trip, on a dedicated lane or guideway. 27B55B83B111B139B167B195B223B251BThe goals of Project Connect are to identify and evaluate potential transit projects over the next two years. Central Texas has seen many transportation studies done in recent years, by both public and private organizations. Project Connect isn’t another new beginning. We will take those ideas and — together with the people of the Austin area — decide which projects will move us all forward.

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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 AMOUNT REQUIRED

CONSENT May 16, 2017

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR

Auditor’s Office VILLARREAL-ALONZO N/A

SUMMARY

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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 May 9, 2017.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT May 16, 2017

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

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HAYS COUNTY COMMISSIONERS' COURT MINUTES –MAY 9, 2017

***** *****

STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 9th DAY OF MAY A.D., 2017, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:

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

WILL CONLEY COMMISSIONER, PCT. 3 RAY O. WHISENANT JR. COMMISSIONER, PCT. 4

CHRISTINE RODRIGUEZ DEPUTY COUNTY CLERK

AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Judge Cobb gave the invocation and led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Cobb called the meeting to order. 32476 ADOPT A PROCLAMATION DECLARING MAY 15, 2017 AS PEACE

OFFICERS MEMORIAL DAY AND MAY 14-20, 2017 AS NATIONAL POLICE WEEK

Sheriff’s Office Sargent Jeff Jordan spoke. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to adopt a procolmation declaring May 15, 2017 as Peace Officers Memorial Day and May 14-20, 2017 as National Police Week. All present voting “Aye”. MOTION PASSED PUBLIC COMMENTS Ashely Whittenberger – Wimberley resident made a public comment. Cristin Hearne- Dripping Springs resident made a public comment. Dan Lyon- San Marcos resident made a public comment. Stanley Rech- Dripping Springs resident made a public comment. 32477 APPROVE PAYMENT OF COUNTY INVOICES

A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to approve payment of County invoices in the amount of $ 1,019,520.24 submitted by the Hays County Auditor. All present voting “Aye”. MOTION PASSED 32478 APPROVE COMMISSIONER COURT MINUTES OF MAY 2, 2017 A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to approve Commissioners Court Minutes of May 2, 2017. All present voting “Aye”. MOTION PASSED 32479 APPROVE THE TRANSFER OF A 1997 JD 410E BACKHOE FROM

THE TRANSPORTATION DEPARTMENT TO THE HAYS COUNTY SHERIFF'S OFFICE

Commissioner Conley spoke. Captain Mike Davenport spoke. Transportation Director Jerry Borcherding spoke. The Transportation Department is seeking approval to transfer the following asset from the Transportation Department's inventory to the Sheriff's Office: 1997 JD 410E backhoe; VIN: T0410EX831294; County Tag #11070. A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to approve transfer of a 1997 JD 410E backhoe from the Transportation Department to the Hays County Sheriff's Office. Commissioner Jones and Commissioner Whisenant voting yes. Commissioner Ingalsbe, Commissioner Conley, and Judge Cobb voting no. MOTION NOT PASSED 32480 AUTHORIZE THE COUNTY JUDGE TO ENTER INTO A

MEMORANDUM OF UNDERSTANDING WITH EMERGENCY SERVICES DISTRICT #6 ALLOWING HAYS COUNTY INFRASTRUCTURE AT THEIR STATION FOR THE HAYS COUNTY FLOOD WARNING AND LOW WATER CROSSING

Emergency Services District #6 agrees to house the Hays County flood warning and low water crossing system equipment at the North Hays Fire Central Station. This agreement allows for Hays County to access this equipment as needed and is responsible for maintenance, repair, and replacement of all warning equipment. A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to authorize the County Judge to enter into a Memorandum of Understanding with Emergency Services District #6 allowing Hays County infrastructure at their station for the Hays County flood warning and low water crossing. All present voting “Aye”. MOTION PASSED

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HAYS COUNTY COMMISSIONERS' COURT MINUTES –MAY 9, 2017

***** *****

32481 APPROVE THE JANUARY - MARCH 2017 TREASURER'S REPORTS AND INVESTMENT REPORTS

Marisol Villarreal-Alonzo, Hays County Auditor spoke. Approve the January - March 2017 Treasurer's Reports and Investment Reports. A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to approve the January - March 2017 Treasurer's Reports and Investment Reports. All present voting “Aye”. MOTION PASSED 32482 APPROVE SPECIFICATIONS FOR RFP 2017-P06 RESTORATION OF

ANTIQUE WOODEN CABOOSE AT THE KYLE RAILROAD DEPOT AND HERITAGE CENTER AND AUTHORIZE PURCHASING MANAGER TO SOLICIT FOR PROPOSALS AND ADVERTISE

The Historical Commission Director has received commitments for donations to restore the caboose at the Kyle Depot Project. Due to the complexity and specific skillset required, the director will need to receive proposals to determine total funding needed for the project and if additional donations are required. No county funds will be requested to complete this project. Attachment: RFP 2017-P06. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to approve specifications for RFP 2017-P06 Restoration of Antique Wooden Caboose at the Kyle Railroad Depot and Heritage Center and authorize Purchasing Manager to solicit for proposals and advertise. All present voting “Aye”. MOTION PASSED 32483 APPROVE UTILITY PERMITS 25B52B79B106B13B160B187B214B241BPermit Road Name Utility 1019 Valley Spring Rd-Woodcreek North subd. PEC (electric line). A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to approve Utility Permits. All present voting “Aye”. MOTION PASSED 32484 AUTHORIZE THE DEPARTMENT OF PUBLIC SAFETY, LICENSE &

WEIGHT (DPS L&W) DIVISION TO SECURE SERVICES WITH AMTEX SCALE & SYSTEMS, INC. FOR SCALE REPAIRS AND AMEND THE BUDGET ACCORDINGLY

Commissioner Ingalsbe spoke. Commissioner Whisenant spoke. The Court authorized repairs to the scales located at the IH-35 Southbound DPS facility on January 31, 2017. Additional repairs are needed in order to get the scales operational. In order to secure additional quotes from vendors as required by the County Purchasing Policy, a $600 diagnostic charge per vendor would be assessed. The current vendor has provided maintenance and repairs to our scales and is familiar with the system. Therefore, it would be cost prohibitive to request additional quotes. The division has a limited budget, therefore, respectfully requests the Court to transfer funds for these repairs. Potential Funding Source - County Wide contingencies. A motion was made by Commissioner Ingalsbe, seconded by Commissioner to Whisenant to authorize the Department of Public Safety, License & Weight (DPS L&W) division to secure services with Amtex Scale & Systems, Inc. for scale repairs and amend the budget accordingly. All present voting “Aye”. MOTION PASSED 32485 AMEND THE CONSTABLE PRECINCT 3 OPERATING BUDGET FOR

ADDITIONAL FUEL RELATED EXPENSES AS REQUIRED FOR THE REMAINDER OF THIS FISCAL YEAR

The Constable Pct. 3 is in need of additional funding for fuel due to an increase in staffing. During the FY17 budget process the office had 3 full time Deputy Constables. One additional deputy was added effective 1/1/17 and a second deputy was added on 4/1/17. Due to the additional staff as well as a realignment of duties and assignments that have resulted in additional law enforcement travel throughout the precinct, additional funds are needed.Potential Funding Source: Funds are budgeted in a County Wide fuel line item for potential price increases/increases in consumption and are available to fund this request. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to amend the Constable Precinct 3 operating budget for additional fuel related expenses as required for the remainder of this fiscal year. All present voting “Aye”. MOTION PASSED 32486 APPROVAL OF SPECIFICATIONS FOR RFP 2017-P05 FOR

EMPLOYEE GROUP HEALTH AND DENTAL PLAN AND AUTHORIZE PURCHASING MANAGER TO SOLICIT FOR PROPOSALS AND ADVERTISE

A motion was made by Commissioner Conely, seconded by Commissioner Ingalsbe to Approval of specifications for RFP 2017-P05 for Employee Group Health and Dental Plan and authorize Purchasing Manager to solicit for proposals and advertise. All present voting “Aye”. MOTION PASSED

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HAYS COUNTY COMMISSIONERS' COURT MINUTES –MAY 9, 2017

***** *****

32487 AUTHORIZE THE JUVENILE PROBATION OFFICE, ESTABLISHED

AS A GED TESTING CENTER TO COLLECT A FEE ASSOCIATED WITH GED TESTING

The Hays County Juvenile Board has contracted with the Educational Testing Service (ETS) for the delivery of a high school equivalency examination (HiSET test (GED testing)) to be administered at the Juvenile Probation Testing Center. The Juvenile Probation Office is currently utilizing the Lockhart GED Testing Center for this service. When this service began, the Lockhart GED Testing vendor would travel to the Hays County facility to administer the tests.However, several years ago TEA changed their format and required testing to be computer based. Since the Hays County facility was not set up for computer testing, juveniles were transported to Lockhart to test. Due to safety and security issues when transporting juveniles, scheduling conflicts and increases in the fees Lockhart charged for testing, the Juvenile Probation Office obtained all the requirements to become an approved testing site. ETS will administer the HiSET test, collect fixed fees set forth in the MOU between ETS and the State. The Juvenile Probation Office as the approved Testing Center will receive a $10 fee per test administered which will be deposited. into the County General Fund. A motion was made by Commissioner Conley, seconded by Commissioner Ingalsbe to Authorize the Juvenile Probation Office, established as a GED Testing Center to collect a fee associated with GED testing. All present voting “Aye”. MOTION PASSED 32488 CONFIRM THAT THE ACTION OF COMMISSIONERS COURT ON

ABOUT SEPTEMBER 27, 2016 FOR THE ESTABLISHMENT OF A LIMITATION ON COUNTY PROPERTY TAX INCREASES ON THE RESIDENCE HOMESTEADS OF PERSONS WHO ARE DISABLED OR OVER SIXTY-FIVE YEARS OF AGE AS AUTHORIZED BY SECTION 1-B (H), ARTICLE VIII OF THE TEXAS CONSTITUTION SHOULD, FOR THE PURPOSES OF APPLYING THE LIMITATION, BE EFFECTIVE IN TAX YEAR 2016

Comssioner Conley Spoke. General Counsel Mark Kennedy spoke. HAYS COUNTY COMMISSIONERS COURT MINUTES – SEPTEMBER 27, 2016 ***** ***** ESTABLISH A LIMITATION ON COUNTY PROPERTY TAX INCREASES ON THE RESIDENCE HOMESTEADS OF PERSONS WHO ARE DISABLED OR OVER SIXTYFIVE YEARS OF AGE AS AUTHORIZED BY SECTION 1-B (H), ARTICLE VIII OF THE TEXAS CONSTITUTION A motion was made by Commissioner Conley, seconded by Commissioner Ingalsbe to establish a limitation on County property tax increases on the residence homesteads of persons who are disabled or over sixty-five years of age as authorized by Section 1-b (h), Article VIII of the Texas Constitution. Commissioner Ingalsbe, Commissioner Conley and Commissioner Whisenant voting “Aye”. Commissioner Jones voting “No”. Judge Cobb recused himself from the vote. MOTION PASSED. A motion was made by Commissioner Conley, Seconded By Commissioner Ingalsbe to Confirm that the action of Commissioners Court on about September 27, 2016 for the establishment of a limitation on County property tax increases on the residence homesteads of persons who are disabled or over sixty-five years of age as authorized by Section 1-b (h), Article VIII of the Texas Constitution should, for the purposes of applying the limitation, be effective in Tax Year 2016. All Present Voting “Aye”. MOTION PASSED 32489 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT WITH AECOM TECHNICAL SERVICES INC. TO PERFORM INSPECTION SERVICES RELATED TO SUBDIVISION ROAD CONSTRUCTION AND AMEND THE BUDGET ACCORDINGLY

Commiossioner Jones spoke. AECOM will, if approved, provide inspection serves for the Transportation Department on several subdivision construction projects throughout the County on an interim basis until such time as the County can hire and on-board the vacant Inspector position. AECOM will provide a qualified inspector whom has worked on numerous Hays County projects on an on call/ as needed basis operating under a NTE (not to exceed) contract. With the large number of subdivisions currently under construction Transportation Department staff is having difficulty honoring all commitments and would like to preserve the level and quality of service provided by our inspection staff. Budget Amendment: Decrease Road Material and Supplies: .5351 - $45,478.61 Increase Contract Services Consultant: .5448_008 - $45,478.61. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to authorize the County Judge to execute a professional services agreement with AECOM Technical Services Inc. to perform inspection services related to subdivision road construction and amend the budget accordingly. All present voting “Aye”. MOTION PASSED 32490 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT WITH COSTELLO INC., FOR ENGINEERING SERVICES AT HAYS COUNTY OWNED PROPERTY ALONG CLOVIS BARKER RD. IN PRECINCT 1.

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HAYS COUNTY COMMISSIONERS' COURT MINUTES –MAY 9, 2017

***** *****

Clint Garza, Director of Development and Community Services spoke. Staff has selected Costello as the most qualified firm to assist with planned site improvements for County owned property at Civic Center Loop and Clovis Barker Road. Initial work will include preliminary engineering for drainage study and roadway design of Leah Ave. through Hays County owned property. In addition to the preliminary work, Costello will also begin planning utility relocation and obtaining geotechnical reports for the site. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a professional services agreement with Costello Inc., for engineering services at Hays County owned property along Clovis Barker Rd. in Precinct 1. All present voting “Aye”. MOTION PASSED 32491 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE TRI-PARTY

AGREEMENT PROVIDING FOR REGULATION OF SUBDIVISION AND APPROVAL OF BLANCO RIVER RANCH PHASE ONE RESIDENTIAL AREA BETWEEN HAYS COUNTY ("COUNTY"), THE CITY OF KYLE ("CITY") AND BLANCO RIVER RANCHES PROPERTIES LP, A TEXAS LIMITED PARTNERSHIP (“OWNER”)

Commissioner Whisenant spoke. General Counsel Mark Kennedy spoke. Owner plans to develop Blanco River Ranch Phase One Residential Area in accordance with the Agreement between Owner, County and City. A motion was made by Commissioner Whisenant, seconded by Commissioner Ingalsbe to authorize the County Judge to execute the Tri-Party Agreement Providing For Regulation Of Subdivision And Approval of Blanco River Ranch Phase One Residential Area between Hays County ("County"), the City of Kyle ("City") and Blanco River Ranches Properties LP, a Texas limited partnership (“Owner”). All present voting “Aye”. MOTION PASSED 32492 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AMENDMENT TWO

TO INTERLOCAL COOPERATION AGREEMENT FOR THE AUSTIN REGIONAL INTELLIGENCE CENTER (ARIC)

General Counsel Mark Kennedy spoke. Captain Mike Davenport spoke. Commissioner Whisenant spoke. This Amendment provides for the addition of police departments of the City of Sunset Valley, the City of Manor and the City of Bastrop as ARIC partners. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to authorize the County Judge to execute Amendment Two to Interlocal Cooperation Agreement for the Austin Regional Intelligence Center (ARIC). All present voting “Aye”. MOTION PASSED Clerk’s Note Re: Item 18 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. –WAS PULLED Clerk’s Note Re: Item 19 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.-WAS PULLED DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION. Judge Cobb gave an update on the burn ban. The drought index is at 252 and the burn ban will remain lifted. Clerk’s Note Re: Item 21 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. WAS PULLED ADJOURNMENT A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to adjourn court at 10:09 a.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 May 9, 2017.

LIZ Q GONZALEZ, COUNTY CLERK AND EXOFFICIO

CLERK OF THE COMMISSIONERS’ COURT OF

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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 Commercial OSSF Permit at 12440 Trail Driver, Dripping Springs, TX 78620.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT May 16, 2017

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR

Roxie McInnis, Development Services Manager WHISENANT N/A

SUMMARY 25B52B79B106B133B160B187B214B241BAndy Stedman of Stedwest Investments, LLC is proposing an OSSF to serve two new office/warehouse buildings. Twelve offices will accommodate up to 2 people per office space. This 3.03-acre property is Lot 3 in the Danze Estates Subdivision. The property will be served by a rainwater collection system. 26B53B80B107B134B161B188B215B242BThe system designer, Brad Shaw, P.E., has designed a system which consists of standard treatment. After treatment, the effluent will be dispersed via low pressure pipe for a maximum daily rate of 300 gallons.

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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 execute Amendment 4 to the grant Project Agreement with the Texas Parks and Wildlife Department (TPWD) to extend the completion date for the Dahlstrom Ranch Trails project to June 30, 2018.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT May 16, 2017 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR

Hauff JONES N/A

SUMMARY 26B54B82B110B138B166B194B222B250BOn January 25, 2011 the Commissioners Court accepted a grant award from the Texas Parks and Wildlife Department, Texas Recreational Trails Fund for $100,000 for development of the Dahlstrom Ranch Public Access Area (trail construction and associated amenities). The original Project Agreement was set to expire on August 31, 2014 and Amendment 1 approved by Commissioners Court on April 1, 2014 extended the Agreement termination date to July 15, 2015. Amendment 2 was approved by the Commissioners Court on June 2, 2015 extended the project completion date to July 15, 2016. Amendment 3, approved by the Commissioners Court on May 31, 2016, extended the Agreement completion date to June 30, 2017. 27B55B83B111B139B167B195B223B251BFacing further delays, TPWD was contacted once again to request an extension of the grant term. This Amendment (4), approved by the TPWD on May 4, 2017, will extend the Project Agreement termination date to June 30, 2018. All other terms and conditions of the original Agreement remain the same.

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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 purchases for vehicle graphics for the fleet of vehicles for the Constable Precinct 2 Office and amend the budget accordingly.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT May 16, 2017 $2,510.00

LINE ITEM NUMBER 001-636-00]

AUDITOR USE ONLY AUDITOR COMMENTS: See budget amendment

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO

REQUESTED BY SPONSOR CO-SPONSOR

Constable Michael Torres JONES N/A

SUMMARY 28B57B86B115B144B173B202B231B260BFunds will be moved from County Wide contingencies to cover these purchases.

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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 Commercial OSSF Permit at 13210 W HWY 290, Austin, TX 78737.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT May 16, 2017

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR

Roxie McInnis, Development Services Manager WHISENANT N/A

SUMMARY 25B52B79B106B133B160B187B214B241BNurdean LLC is proposing an OSSF to serve a new convenience store and 4 offices. This 2.057-acre property is Lot 21A in the Heritage West Subdivision. The property is served by a public water supply. 26B53B80B107B134B161B188B215B242BThe system designer, David Venhuizen, P.E., has designed a system which consists of non-standard treatment. After advanced treatment, the effluent will be dispersed to a drip field for a maximum daily rate of 900 gallons.

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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 transfer of a 2006 Honda Motorcycle from the Hays County Constable, Pct. 4 office to the Hays County Constable, Pct. 5 Office.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT May 16, 2017

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR

Ron Hood WHISENANT N/A

SUMMARY 25B51B77B103B129B155B181B207B233BThe Hays Co. Constable, Pct. 4 Office is seeking approval to transfer the following asset from the Constable's Pct. 4 Office to the Hays Co. Constable, Pct. 5 Office: 2006 Honda Motorcycle, VIN: H2SC51736M400149, County Tag #16054.

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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 Utility Permits.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT May 16, 2017

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR

Jerry Borcherding COBB N/A

SUMMARY 25B52B79B106B133B160B187B214B241BPermit Road Name Utility 26B53B80B107B134B161B188B215B242B1020 Sawyer Ranch Rd JC Communications (comm. line)

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ENVIRONMENTALENGINEERS AND SCIENTISTS

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ENVIRONMENTALENGINEERS AND SCIENTISTS

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ENVIRONMENTALENGINEERS AND SCIENTISTS

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ENVIRONMENTALENGINEERS AND SCIENTISTS

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ENVIRONMENTALENGINEERS AND SCIENTISTS

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ENVIRONMENTALENGINEERS AND SCIENTISTS

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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 submit the Budget Summary to the Department of State Health Services (DSHS) for Federal funding for the Tuberculosis program in the Hays County Local Health Department in the amount of $22,297.00.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT May 16, 2017 $4,459.00 (20% match)

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR

Garza/Hauff INGALSBE N/A

SUMMARY 26B54B82B110B138B166B194B222B250BThe Department of State Health Services provides funding to local health departments for the identification and treatment of those persons with, or exposed to, tuberculosis (TB). The Hays County Local Health Department has participated in this program for over 14 years, providing services to those affected by this disease. 27B55B83B111B139B167B195B223B251BThe federal funding for the TB program is $22,297 that will cover portion of the salary and benefits of the TB nurse and the 20% match of $4,459 will come from the County budget for supplies, travel and/or other expenditures associated with the program for a total of $26,756. The Inter-Local application will be distributed by DSHS at a later date. The Budget Summary is attached and will be submitted electronically.

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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 Constable Precinct 1 Office to purchase two new Mossberg Shotguns for the Chief Deputy Constable and for the downtown County Courthouse satellite office.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT May 16, 2017 $857.00

LINE ITEM NUMBER 001-635-00.5206

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO

REQUESTED BY SPONSOR CO-SPONSOR

Constable David Peterson INGALSBE N/A

SUMMARY 27B55B83B111B139B167B195B223B251BThe Constable Pct. 1 would like the Courts authorization to purchase two new shotguns. One would be utilized by the Chief Deputy Constable who is currently using his personal shotgun. The second shotgun will be assigned to the downtown courthouse in a secured area within the Constable Pct. 1 satellite office. Savings within their law enforcement supply budget is available to fund this request.

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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 of the specifications for IFB 2017-B05 Regulatory Road Signs and authorize Purchasing Manager to solicit for bids and advertise.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT May 16, 2017 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

LaPointe/Villarreal-Alonzo COBB N/A

SUMMARY 27B56B85B114B143B172B201B230B259BThe current contract will expire in June 2017 and the Transportation Department has requested that these commodities be rebid. 28B57B86B115B144B173B202B231B260BAttachment: IFB 2017-B05

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SOLICITATION, OFFER

AND AWARD

Hays County Purchasing

712 S. Stagecoach Trail, Suite 1071 San Marcos, Texas 78666

Contract Number IFB 2017-B05 Regulatory Road Signs

x

Invitation for Bid (IFB)

Date Issued: May 23, 2017

Request for Proposal (RFP)

SOLICITATION

Bidders must submit sealed bids: two originals and two copies for furnishing the supplies, services or equipment identified in the contract. Bids will be received at the Hays County Purchasing Office at the address shown above until 10:00 a.m. local time June 8, 2017. Bids received after the time and date set for submission will be returned unopened.

For Information Call: Kim LaPointe

Phone No.: (512) 393-2271

Email: [email protected] (NO collect calls, Telegraphic, Email, On-Line or Fax offers accepted)

5% Proposal Bond Required:

YES

NO

100% Performance Bond Required:

YES

NO

PRE-BID MEETING: n/a

OFFER (Must be fully completed by Offeror)

In compliance with the above, the undersigned offers and agrees to furnish all items or services awarded at the prices stipulated for each item delivered at the designated point(s) and within the time specified herein. Award shall include all solicitation documents and attachments. MANUALLY SIGN ALL COPIES SUBMITTED. SIGNATURE IS MANDATORY. *Submit Signed Offers in Duplicate Original*

Proposer E-Mail Address:

Name Name and Title of Person Authorized to Sign Offer (Type or Print):

And

Address

of Offeror

Signature:

Date:

Phone No.:

Fax No.:

Name, Address and Telephone No. of person authorized to conduct negotiations on behalf of Offeror. (Applies to Request for Proposal only)

NOTICE OF AWARD (To be completed by County)

Funding Source:

Awarded as to item(s):

Contract Amount:

Vendor:

Term of Contract:

This contract issued pursuant to award made by Commissioners Court on

Date:

Agenda Item:

Important: Award notice may be

made on this form or by other

Authorized official written notice.

Bert Cobb, County Judge ________________________________________ Liz Gonzales, County Clerk

Date _____________________________________________ Date

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GENERAL TERMS AND CONDITIONS (IFB)

1. GENERAL DEFINITIONS: (a) "Auditor" means the Hays County Auditor or his/her designee.

(b) "Commissioners Court" means Hays County Commissioners Court. (c) “Contract” means the contract awarded pursuant to the Invitation for Bids. (d) “Contractor” means a person or firm receiving an award of contract from Commissioners Court. (e) "County" means Hays County, Texas, a political subdivision of the State of Texas. (f) "County Building" means any County owned buildings and does not include buildings leased by County. (g) "Is doing business" and "has done business" mean:

(1) Paying or receiving in any calendar year any money or other valuable thing which is worth more than $250 in the aggregate in exchange for personal services or for purchase of any property or property interest, either real or personal, either legal or equitable; or

(2) Loaning or receiving a loan of money; or goods or otherwise creating or having in existence any legal obligation or debt with a value of more than $250 in the aggregate in a calendar year;

(3) But does not include any retail transaction for goods or services sold to a Key Contracting Person at a posted, published, or marked price available to the general public.

(h) "Key Contracting Person" means any person or business listed in Exhibit A to Affidavit.

(i) "Purchasing Manager" means the Hays County Purchasing Manager.

(j) “Sub-contractor” means a person or firm doing business with a Contractor.

(k) “FOB” means Free on Board and indicates that the supplier pays shipping and insurance costs from the point of manufacture or procurement to its specified destination, at which point the County will take responsibility.

2. FUNDING: Funds for payment on this Contract have been provided through the County budget approved by Commissioners Court for this fiscal year only. State of Texas statutes prohibit the obligations and expenditure of public funds beyond the fiscal year for which a budget has been approved. However, the cost of items or services covered by this Contract is considered a recurring requirement and is included as a standard and routine expense of Hays County to be included in each proposed budget within the foreseeable future. County Commissioners expect this to be an integral part of future budgets to be approved during the period of this Contract except for unanticipated needs or events which may prevent such payments against this Contract. However, County cannot guarantee the availability of funds, and enters into this Contract only to the extent such funds are made available. The Fiscal Year for County extends from October 1st of each calendar year to September 30th of the next calendar year. 3. FUNDING OUT: Despite anything to the contrary in this Contract, if, during budget planning and adoption, Commissioners Court fails to provide funding for this Contract for the following fiscal year of County, County may terminate this Contract after giving Contractor thirty (30) calendar days written notice that this Contract is terminated due to the failure to fund it. 4. INVOICING/PAYMENTS: (a) Contractor shall provide County with an Internal Revenue Form W-9, Request for Taxpayer Identification Number and

Certification, that is completed in compliance with the Internal Revenue Code and its rules and regulations before any Contract funds are payable.

(b) As a minimum, invoices shall include: (i) name, address, and telephone number of Contractor and similar information in the event payment is to be made to a different address; (ii) County Contract or Purchase Order number; (iii) identification of products or services as outlined in this Contract; (iv) quantity or quantities, applicable unit prices, total prices, and total amount; and (v) any additional payment information called for by this Contract. County will not pay invoices that are in excess of the amount authorized by the purchase order.

(c) Payment shall be made by check or warrant by County upon satisfactory delivery and acceptance of products and services and submission of an invoice to the address below:

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County Auditor 712 S Stagecoach Trail, Suite 1071 San Marcos, Texas 78666

(d) Payment shall be deemed to have been made on the date of mailing of the check or warrant. For purposes of payment discounts, time will begin upon satisfactory delivery of products and services and/or submission of acceptable invoice, whichever is last. Partial payments will not be made unless specifically requested and approved by County prior to Contract award.

(e) Accrual and payment of interest on overdue payments shall be governed by TEX. GOV'T CODE ANN., ch. 2251.

5. COUNTY TAXES: If the Contractor subsequently becomes delinquent in the payment of County taxes, it will be grounds for cancellation of the contract. Despite anything to the contrary, if the contractor is delinquent in payment of County property taxes at the time of invoicing, Contractor assigns any payments to be made for performance under this contract to the County Tax Assessor-Collector for the payment of delinquent taxes.

6. PROMPT PAYMENT ACT: TEX. GOV'T CODE ANN., ch 2251 (Vernon Supp. 1995) requires that payments be made within 30 calendar days. If County fails to pay within 30 days, interest on overdue amounts is subject to Chapter 2251, Texas Government Code. The law does not apply if the terms of a federal grant, contract, regulation, or statute prevent local governments from making timely payments with federal funds. Contractors and subcontractors must pay their suppliers interest if the supplier is not paid within 10 calendar days after the contractor or subcontractor receives payment. Contractors must apply for interest payments within 6 months of submitting a proper invoice if they believe such interest was due but not paid. Interest begins accruing 30 days after either of the following, whichever is later; (i) satisfactory delivery or performance has been completed, or, (ii) a correct invoice is received at the designated place. 7. FOB POINT: Delivery of all products under this contract, if any, shall be made Free on Board to final destination, at the address shown in this contract or as indicated on each Purchase Order placed against this contract. The title and risk of loss of the goods shall not pass to County until acceptance takes place at the F.O.B. point. 8. INSPECTION AND ACCEPTANCE: The County office or department receiving items pursuant to this contract shall inspect and accept only those items that are satisfactory to them, and reject those items which are damaged or which do not conform to specifications. Contractor shall be responsible for the proper labeling, packing, and delivery to final destination, including replacement of rejected deliveries. 9.. VARIATION IN QUANTITY: No variation in the quantity of any item called for by this contract will be accepted unless such variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified elsewhere in this contract. 10. OFFICIALS NOT TO BENEFIT: If a member of Commissioners Court belongs to a cooperative association, the County may purchase equipment or supplies from the association only if no member of the Commissioners Court will receive a pecuniary benefit from the purchase, other than as reflected in an increase in dividends distributed generally to members of the association.

11. NONDISCRIMINATION; CIVIL RIGHTS/ADA COMPLIANCE: (a) Contractor shall not engage in employment practices that have the effect of discriminating against employees or prospective

employees because of age, race, color, sex, creed, national origin or handicapped condition. (b) Contractor shall provide all services and activities required in a manner that would comply with the Civil Rights Act of 1964, as

amended, the Rehabilitation Act of 1973, Public Law 93-1122, Section 504, and with the provisions of the Americans With Disabilities Act of 1990, Public Law 101-336 [S.933] if Contractor were an entity bound to comply with these laws.

12. CHANGES: (a) This Contract may be amended only by written instrument signed by both County and Contractor. It is acknowledged by

Contractor that NO OFFICIAL, EMPLOYEE, AGENT OR REPRESENTATIVE OF COUNTY HAS ANY AUTHORITY, EITHER EXPRESS OR IMPLIED, TO CHANGE THE SCOPE OF THIS CONTRACT OR OTHERWISE AMEND THIS CONTRACT, OR ANY ATTACHMENTS HERETO, UNLESS EXPRESSLY GRANTED THAT AUTHORITY BY THE COMMISSIONERS COURT.

(b) Contractor shall submit all requests for changes to this Contract or any attachment(s) to it to the Purchasing Manager. The Purchasing Manager shall present Contractor's requests to Commissioners Court for consideration.

13. REPRESENTATIONS: (a) Contractor represents that he has thoroughly examined the drawings, specifications, schedule, instructions and all other contract

documents. Contractor has made all investigations necessary to be thoroughly informed regarding plant and facilities for delivery

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of material, equipment and/or services as required by the proposal conditions. (b) The Contractor's delivery time includes weekends and holidays. (c) Contractor certifies that he is a qualified, bondable business entity that he is not in receivership or contemplates it, and has not

filed for bankruptcy. He further certifies that the Company, Corporation, Partnership, or Sole Proprietorship is not delinquent with respect to payment of County property taxes.

(d) Contractor warrants that all applicable patents and copyrights which may exist on items that will be supplied under the contract have been adhered to and further warrants that County shall not be liable for any infringement of those rights. Warranties granted County shall apply for the duration of this contract or for the life of equipment or supplies purchased, whichever is longer. County must not extend use of the granted exclusive rights to any other than County employees or those with whom County has established a relationship aimed at furthering the public interest, and then only for official public uses. County will not knowingly or intentionally violate any applicable patent, license, or copyright. Contractor must indemnify County, its officers, agents, and employees against all claims, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees arising in connection with any alleged or actual infringement of existing patents, licenses or copyrights applicable to items sold.

(e) The Contractor warrants that upon execution of a contract with the County, he will not engage in employment practices which have the effect of discriminating against employees or prospective employees because of age, religion, race, color, sex, creed, handicap, or national origin and will submit reports as the County may require to assure compliance.

(f) Contractor warrants to County that all items delivered and all services rendered will conform to the specifications, drawings, or other descriptions furnished or incorporated by reference, and will be of merchantable quality, good workmanship, and free from defects. Contractor further agrees to provide copies of applicable warranties or guarantees to the Purchasing Manager. Copies will be provided within 10 days after the Notice of Award is issued. Return of merchandise under warranty shall be at Contractor's expense.

(g) The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees and established commercial selling agencies maintained by the Contractor to secure business. For breach of this warranty, County shall have the right to terminate this contract without liability, or in its discretion to deduct from the contract price, or otherwise recover, the full amount of commission, percentage, brokerage, or contingent fee.

14. SUBCONTRACTS: (a) Contractor shall not enter into any subcontracts for any service or activity relating to the performance of this Contract without the

prior written approval or the prior written waiver of this right of approval from County. IT IS ACKNOWLEDGED BY CONTRACTOR THAT NO OFFICER, AGENT, EMPLOYEE OR REPRESENTATIVE OF COUNTY HAS THE AUTHORITY TO GRANT SUCH APPROVAL OR WAIVER UNLESS EXPRESSLY GRANTED THAT SPECIFIC AUTHORITY BY THE COMMISSIONERS COURT.

(b) If a subcontract is approved, Contractor must make a "good faith" effort to take all necessary and reasonable steps to insure HUBs maximum opportunity to be subcontractors under this Contract. Contractor must obtain County approval of all proposed HUB subcontractors through the Purchasing Manager. Failure by Contractor to make a good faith effort to employ HUBs as subcontractors constitutes a breach of this Contract and may result in termination of this Contract.

15. ASSIGNMENT: (a) The parties to this Contract shall not assign any of the rights or obligation hereunder without the prior written consent of the other

party. NO OFFICIAL, EMPLOYEE, REPRESENTATIVE OR AGENT OF COUNTY HAS THE AUTHORITY TO APPROVE ANY ASSIGNMENT UNDER THIS CONTRACT UNLESS THAT SPECIFIC AUTHORITY IS EXPRESSLY GRANTED BY COMMISSIONERS COURT.

(b) The terms, provisions, covenants, obligations and conditions of this Contract are binding upon and inure to the benefit of the successors in interest and the assigns of the parties to this Contract if the assignment or transfer is made in compliance with the provisions of this Contract.

(c) Contractor remains responsible for the performance of this Contract when there is a change of name or change of ownership. If a change of name is required, the Purchasing Manager shall be notified immediately. No change in the obligation of or to Contractor will be recognized until it is approved by Commissioners Court.

16. DISPUTES AND APPEALS: The Purchasing Manager acts as the County representative in the issuance and administration of this contract in relation to disputes. Any document, notice, or correspondence not issued by or to the Purchasing Manager or other authorized County person, in relation to disputes is void unless otherwise stated in this contract. If the Contractor does not agree with any document, notice, or correspondence issued by the Purchasing Manager, or other authorized County person, the Contractor must submit a written notice to the Purchasing Manager within ten (10) calendar days after receipt of the document, notice, or correspondence, outlining the exact point of disagreement in detail. If the matter is not resolved to the Contractor’s satisfaction, Contractor may submit a written Notice of Appeal to the Commissioners Court, through the Purchasing Manager, if the Notice is submitted within ten (10) calendar days after receipt of the unsatisfactory reply. Contractor then has the right to be heard by

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Commissioners Court. 17. MEDIATION: When mediation is acceptable to both parties in resolving a dispute arising under this Agreement, the parties agree to use a mutually agreed upon mediator, or a person appointed by a court of competent jurisdiction, for mediation as described in Section 154.023 of the Texas Civil Practice and Remedies Code. Unless both parties are satisfied with the result of the mediation, the mediation will not constitute a final and binding resolution of the dispute. All communications within the scope of the mediation shall remain confidential as described in §154.073 of the Texas Civil Practice and Remedies Code, unless both parties agree, in writing, to waive the confidentiality. 18. FORCE MAJEURE If the performance by either party of any of its obligations under this Contract is interrupted or delayed due to an act of God or the common enemy or as the result of war, riot, civil commotion, sovereign conduct, or the act or conduct of any person or persons not a party to this Contract, then it shall be excused from performance for such period of time as is reasonably necessary to remedy the effects thereof. 19. NON-WAIVER OF DEFAULT: (a) No payment, act or omission by County may constitute or be construed as a waiver of any breach or default of Contractor which

then exists or may subsequently exist. NO OFFICIAL, AGENT, EMPLOYEE OR REPRESENTATIVE OF COUNTY MAY WAIVE ANY BREACH OF ANY TERM OR CONDITION OF THIS CONTRACT UNLESS EXPRESSLY GRANTED THAT SPECIFIC AUTHORITY BY THE COMMISSIONERS COURT.

(b) All rights of County under this Contract are specifically reserved and any payment, act or omission shall not impair or prejudice any remedy or fight to County under it. Any right or remedy in this Contract shall not preclude the exercise of any other right or remedy under this Contract or under any law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies.

20. TERMINATION FOR DEFAULT: Failure by either County or Contractor to perform any provisions of this Contract shall constitute a breach of contract. Either party may require corrective action within ten (10) calendar days after date of receipt of written notice citing the exact nature of the other's breach. Failure to take corrective action or failure to provide a satisfactory written reply excusing such failure within the ten (10) calendar days shall constitute a default. The defaulting party shall be given a twenty (20) calendar day period within which to show cause why this Contract shall not be terminated for default. All notices for corrective action, breach, default or show cause on behalf of County shall be issued by the Purchasing Manager or County legal representative only, and all replies to the same shall be made in writing to the County Purchasing Manager or County legal representative at the address provided herein. Notices issued by or to anyone other than the Purchasing Manager or County legal representative shall be null and void, and shall be considered as not having been issued or received. County reserves the right to enforce the performance of this Contract in any manner prescribed by law in case of default and may contract with another party with or without competition or further notification to the contractor. At a minimum, Contractor shall be required to pay any difference in the cost of securing the services covered by this Contract, or compensate for any loss or damage to the County derived hereunder if it becomes necessary to contract with another source because of a default, plus reasonable administrative costs and attorney's fees. In the event of termination for default, County, its agents or representatives, shall not be liable for loss of any profits anticipated under this Contract. 21. TERMINATION FOR CONVENIENCE: County reserves the right to terminate this Contract upon thirty (30) days written notice for any reason deemed by the Commissioners Court to serve the public interest, or resulting from any governmental law, ordinance, regulation, or court order. Termination for convenience shall not be exercised with the sole intention of awarding the same or similar contract requirements to another source. In the event of such termination, County shall pay Contractor those costs directly attributable to work done in preparation for compliance with this Contract prior to termination; provided, however, that no costs shall be paid which are recoverable in the normal course of the business in which Contractor is engaged, nor shall County pay any costs which can be mitigated through the sale of supplies or inventories. If County pays for the cost of supplies or materials obtained for use under this Contract those supplies or materials shall become the property of County and shall be delivered to the FOB point shown in this Contract, or as designated by the Purchasing Manager. County shall not be liable for loss of any profits anticipated under this Contract.

22. GRATUITIES: Contractor shall not provide any gratuity in any form, including entertainment, gifts, or otherwise, to any employee, buyer, agent, or representative of County with a view to securing a contract, or securing favorable treatment with respect to the award or amendment, or the making of any determination with respect to the performance of this Contract. County may terminate this Contract if it is found that gratuities of any kind including entertainment, or gifts were offered or given by the Contractor or any agent or representative of the Contractor, to any County Official or employee with a view toward securing favorable treatment with respect of this contract. If this Contract is terminated by the County pursuant to this provision, County shall be entitled, in addition to any other rights and remedies, to recover from the Contractor at least three times the cost incurred by Contractor in providing the gratuities.

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23. COVENANT AGAINST CONTINGENT FEES: Contractor represents and warrants that no persons or selling agency has been retained to solicit this Contract upon an understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial selling agencies maintained by the Contractor to secure business. For breach or violation of this warranty, County shall have the right to terminate this Contract without liability, or in its discretion to, as applicable, add to or deduct from the Contract price for consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 24. COUNTY ACCESS: Contractor shall maintain and make available for inspection, audit or reproduction by any authorized representative of County all books, documents, and other evidence pertinent to the costs and expenses of this Contract, including but not limited to both direct and indirect costs, cost of labor, material, equipment, supplies, and services, and all other costs and expenses of whatever nature for which reimbursement is claimed under this Contract. All required records shall be maintained until an audit is completed and all required questions arising therefrom are resolved, or three (3) years after completion of the contract term, whichever occurs first; provided, however, the records will be retained beyond the third year if an audit is in progress or the finding of a completed audit have not been resolved satisfactorily. 25. FORFEITURE OF CONTRACT: (a) The selected Offeror must forfeit all benefits of the contract and County must retain all performance by the selected Offeror

Contractor and recover all consideration or the value of all consideration paid to the selected Offeror pursuant to the contract if: (b) The selected Offeror was doing business at the time of submitting its proposal offer or had done business during the 365- day

period immediately prior to the date on which its proposal offer was due with one or more Key Contracting Persons if the selected Offeror failed to disclose the name of any such Key Contracting Person in its offer; or

(c) The selected Offeror does business with a Key Contracting Person after the date on which the offer that resulted in the contract is submitted and prior to full performance of the contract.

26. CONTRACTOR CLAIMS NOTIFICATION: (a) If any claim, or other action, that relates to Contractor’s performance under this Contract, including proceedings before an

administrative agency, is made or brought by any person, firm, corporation, or other entity against Contractor, Contractor shall give written notice to County of the following information within ten (10) working days after being notified of it: (1) The existence of the claim, or other action; (2) The name and address of the person, firm, corporation or their entity that made a claim or that instituted any type of action or

proceeding; (3) The alleged basis of the claim, action or proceeding; (4) The court or administrative tribunal, if any, where the claim, action or proceeding was instituted; and (5) The name or names of any person against whom this claim is being made.

(b) Except as otherwise directed, Contractor shall furnish to County copies of all pertinent papers received by Contractor with respect to making these claims or actions and all court pleadings related to the defense of these claims or actions.

27. CERTIFICATION OF ELIGIBILITY: This provision applies if the anticipated Contract exceeds $100,000. By submitting a bid or proposal in response to this solicitation, the bidder/proposer certifies that at the time of submission, he/she is not on the Federal Government’s Excluded Parties List System (www.epls.gov), which details a listing of suspended, ineligible, or debarred contractors. In the event of placement on the list between the time of bid/proposal submission and time of award, the bidder/proposer will notify the Hays County Purchasing Manager. Failure to do so may result in terminating this Contract for default. 28. CONTRACTOR LIABILITY, INDEMNIFICATION AND CLAIMS NOTIFICATION: Contractor shall indemnify County, its officers, agents, and employees, from and against any and all third party claims, losses, damages, causes of action, suits, and liability of every kind whether meritorious or not and, including all expenses of litigation, court costs, and reasonable attorney's fees, arising in connection with the services provided by Contractor under this Contract. It is the expressed intention of the Parties to this Contract, both Contractor and County, that the indemnity provided for in this paragraph is indemnity by Contractor to indemnify and protect County from the consequences of Contractor's actions. 29. CONSTRUCTION OF CONTRACT: (a) This Contract is governed by the laws of the United States of America and the State of Texas and all obligations under this

Contract are performable in Hays County, Texas. Venue for any dispute arising out of this Contract will lie in the appropriate court of Hays County, Texas.

(b) If any portion of this Contract is ruled invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, the remainder of it shall remain valid and binding.

(c) Headings and titles at the beginning of the various provisions of this Contract have been included only to make it easier to locate the subject matter covered by that part, section or subsection and are not to be used in construing this Contract.

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(d) When any period of time is stated in this Contract, the time shall be computed to exclude the first day and include the last day of period. If the last day of any period falls on a Saturday, Sunday, or a day that Hays County has declared a holiday for its employees, these days shall be omitted from the computation. All hours in this Contract are stated in Central Standard Time from 2:00 o'clock a.m. on the first Sunday of November until 2:00 o'clock a.m. on the second Sunday of March and in Central Daylight Saving Time from 2:00 o' clock a.m. on the second Sunday of March until 2:00 o'clock a.m. on the first Sunday of November or such other dates as may be adopted for the activation of Daylight Savings Time in the United States in future years.

(e) Words of any gender in this Contract shall be construed to include any other gender and words in either number shall be construed to include the other unless the context clearly requires otherwise.

(f) Provisions, Words, Phrases, and Statutes, whether incorporated by actual use or by reference, shall be applied to this Contract in accordance with Texas Government Code, §§ 312.002 and 312.003.

30. ADDITIONAL GENERAL PROVISIONS:(a) Contractor must comply with all Federal and State laws and regulations, City and County ordinances, orders, and regulations,

relating in any way to this Contract. (b) Contractor must secure all permits and licenses, pay all charges and fees, and give all notices necessary for lawful operations. (c) Contractor must pay all taxes and license fees imposed by the Federal and the State Governments and their agencies and political

subdivisions upon the property and business of Contractor. (d) Despite anything to the contrary in this Contract, if the Contractor is delinquent in payment of property taxes at the time of

providing services, Contractor assigns the amount of any payment to be made for services provided under this Contract equal to the amount Contractor is delinquent in property tax payments to the Hays County Tax Assessor-Collector for the payment of the delinquent taxes.

(e) In this subsection, "County Building" means any County-owned buildings and does not include buildings leased by County. Contractor must not execute any mortgage, or issue any bonds, shares of stock, or other evidence of interest in County Buildings.

31. INTERPRETATION OF CONTRACT:(a) This document contains the entire agreement between the parties relating to the rights granted and the obligations assumed. Any

prior agreements or representations not expressly set forth in this agreement are of no force. Any oral representations or modifications concerning this agreement shall be of no force except a subsequent modification in writing signed by the Purchasing Manager. No official, representative, employee, or agent of the County has any authority to modify or amend this contract except pursuant to specific authority to do so granted by the Commissioners Court.

(b) If inconsistency exists between provisions of this solicitation, the inconsistency shall be resolved by giving precedence in the following ascending order of precedence: (1) The Schedule of Items/Services (2) Terms and Conditions of Invitation for Bids; (3) General Provisions; (4) Other provisions, whether incorporated by reference or otherwise; and (5) The specifications.

(c) If any contract provision shall for any reason be held invalid, illegal, or unenforceable in any respect, invalidity, illegality, or unenforceability shall not affect any other provision, and this contract shall be construed as if invalid, illegal or unenforceable provision had never been contained.

(d) This contract shall be governed by the laws of Texas and all obligations are performable in Hays County, Texas. (e) If a word is used with reference to a particular trade or subject matter or is used as a word of art, the word shall have the meaning

given by experts in that particular field. (f). Words in the present or past tense include the future tense. The singular includes the plural and the plural includes the singular.

The masculine gender includes the feminine and neuter genders. (g) The headings in this contract have been included only to make it easier to locate the subject covered by each provision and are not

to be used in construing this contract. (h) Provisions, words, phrases, and statutes, whether incorporated by actual use or by reference, shall be applied to this contract in

accordance with TEX. GOV'T CODE ANN., SEC 312.002, 312.003 (Vernon 1991).

32. MODIFICATIONS:(a) The County Purchasing Manager may at any time, by written order, and without notice to the sureties, if any, make changes

within the general scope of this contract in any one of the following: (1) Drawings, designs or specifications when the supplies to be furnished are to be specifically manufactured for the County in

accordance with the drawings, designs, or specifications. (2) Method of shipment or packing. (3) Place of deliveries. (4) Correction of errors of a general administrative nature or other mistakes, the correction of which does not affect the scope of

the contract, or does not result in expense to the Contractor.

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(5) Description of items to be provided. (6) Time of performance (i.e. hours of day, days of week, etc)

(b) If any such change causes an increase or decrease in the cost of, or time required for, performance of any part of the work under this contract whether, or not changed by the order, the Commissioners Court shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract. The Contractor must submit any "proposal for adjustment" under this clause within thirty (30) calendar days from the date of receipt of the written order. However, if the County Purchasing Manager decides that the facts justify it, the County Purchasing Manager may receive and act upon a proposal submitted before final payment of the contract. If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the County shall have the right to prescribe the manner of disposition of the property. Failure to agree to any adjustment shall be a dispute under the Disputes and Appeals clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

33. PRICE CHANGES: The prices offered shall remain firm for the period of the contract. The prices offered shall also remain firmfor the option years should the County choose to exercise the option to renew, except for changes that are industry wide and beyond the control of the contractor. If such changes do occur, it will be the responsibility of the contractor to provide documentation to Hays County substantiating the changes to the bid prices. Any price changes must be approved by Hays County.

34. INSURANCE AND LIABILITY: Unless superseded by Special Provisions of this IFB, during the period of this contract,contractor shall maintain at his expense, insurance with limits not less than those prescribed below. With respect to required insurance, Contractor shall; (a) Name County as additional insured as its interests may appear. (b) Provide County a waiver of subrogation. (c) Provide County with a thirty (30) calendar day advance written notice of cancellation or material change to said insurance. (d) Provide the County Purchasing Manager at the address shown on Page 1 of this contract, a Certificate of Insurance evidencing required coverage within ten (10) calendar days after receipt of Notice of Award. Also, please assure your certificate contains the contract number as indicated on the Contract Award form when issued by Hays County. (e) Submit an original certificate of insurance reflecting coverage as follows:

Automobile Liability: Bodily Injury (Each person) $250,000.00 Bodily Injury (Each accident) $500,000.00 Property Damage $100,000.00

General Liability (Including Contractual Liability): Bodily Injury $1,000,000.00 Property Damage $500,000.00

Excess Liability: Umbrella Form Not Required

Labor Liability Worker's Compensation Meeting Statutory Requirements

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TABLE OF CONTENTS TITLE PAGE

- Solicitation, Offer, and Award ......................................................................................................... 1* - Terms and Conditions for IFB ......................................................................................................... 2

- Table of Contents ............................................................................................................................. 9 - General Information ......................................................................................................................... 10 - Specifications ................................................................................................................................... 15 - - Bid Sheet .......................................................................................................................................... 16* - Certificate of Interested Parties ........................................................................................................ 21 - - Vendor/Bidder’s Affirmation........................................................................................................... 22* - - Vendor References Form ................................................................................................................. 23* - - HUB Practices .................................................................................................................................. 24* - - Code of Ethics .................................................................................................................................. 26* - - Bid Checklist .................................................................................................................................... 28

*SUBMIT BID IN DUPLICATE SIGNED ORIGINAL, WITH TWO COPIES. THE PAGES THAT ARE MARKED WITH AN ASTERISK (*) AT THE RIGHT BORDER MUST BE RETURNED WITH YOUR BID. FAILURE TO COMPLETE AND RETURN THE PAGES MARKED WITH AN ASTERISK WILL RENDER YOUR BID NON-RESPONSIVE AND MAY BE REJECTED.

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GENERAL INFORMATION

Hays County, Texas

Regulatory Road Signs BID# IFB 2017-B05

1. INSTRUCTIONS

Please submit your bid to:

Hays County Purchasing Office 712 S Stagecoach Trail, Suite 1071 San Marcos, Texas 78666

The enclosed specifications are for your convenience in submitting a bid for the enclosed referenced goods or services for Hays County. Sealed bids shall be received no later than: 10:00 a.m. Thursday, June 8, 2017 Mark Envelope: Regulatory Road Signs Bid # IFB 2017-B05 IT IS UNDERSTOOD THAT Hays County, reserves the right to accept or reject any and/all bids as it shall deem to be in the best interest of Hays County. Sealed bids may be hand-delivered or mailed to the Hays County Purchasing Office, 712 S Stagecoach Trail, Suite 1071, San Marcos, Texas 78666. Email or facsimile transmittals shall not be accepted. Bids received in the County Purchasing Office after submission deadline shall be returned unopened and will be considered void and unaccepted. Hays County is not responsible for lateness of mail, carrier, etc., and time/date stamp clock in Purchasing Office shall be the official time of receipt. Point of Contact: Any questions concerning this IFB shall be made in writing and directed to: Kim LaPointe, CPPB Purchasing Manager 712 S Stagecoach Trail, Suite 1071 San Marcos, Texas 78666 Questions will be received no later than five (5) business days before submission deadline. It is the practice of Hays County to encourage local participation and to promote and encourage contracting and subcontracting opportunities for locally owned businesses and labor in all contracts. SUBMISSION OF BIDS: Each bidder shall submit its response to the Invitation for Bid (IFB) in a sealed envelope. This IFB provides the information necessary to prepare and submit bids including

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cost. The award will be based on lowest and best bid. Please submit two (2) originals and two (2) copies of your bid. ALTERING BIDS: Any interlineations, alteration, or erasure made before receiving time must be initialed by the signer of the bid, guaranteeing authenticity. WITHDRAWING OF BID: A bid may be withdrawn at any time prior to the official opening. After the official opening, bids may not be amended, altered or withdrawn without the recommendation of the County Purchasing Manager and the approval of Commissioners Court. ADDENDA: Any interpretations, corrections or changes to this IFB and specifications will be made by addenda. Sole issuing authority of addenda shall be vested in Hays County Purchasing Manager. It is the Bidder’s responsibility to acknowledge receipt of all addenda with bid submission. BIDS WILL BE received and publicly opened at the location, date and time stated above. Bidders, their representatives and interested persons may be present.

2. GENERAL INFORMATION FUNDING: Any contract awarded pursuant to this IFB shall be contingent on sufficient funding and authority being made and available in each fiscal period by the approval of Commissioners Court. If sufficient funding or authority is not made available, then this contract shall become null and void. Funds for payment have been provided through the Hays County budget approved by the Commissioners Court for the fiscal year only. State of Texas prohibits the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. CONTRACT: This bid, when properly accepted by Hays County shall constitute a contract equally binding between the successful bidder and Hays County. BIDDER AGREES, if this bid is accepted, to furnish any and all services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specifications. The period for acceptance of the bid will be sixty (60) calendar days. If bid is accepted and approved by Commissioners Court, this bid becomes the contract. No negotiations, decisions, or actions shall be initiated or executed by any vendor as a result of any discussions with any County employee. Only those communications that are in writing from the Purchasing Manager shall be considered as a duly authorized expression on behalf of the County. No oral agreements either expressed or implied will be considered in fulfilling this contract. No additional terms will become part of this contract with the exception of Commissioners Court approved change orders. The successful bidder expressly warrants that all services specified in the IFB will be performed with care and diligence and in accordance with all specifications of the IFB. The successful bidder agrees to correct any deficiencies in its performance of services upon notification by the County and without additional expense to the County.

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The County of Hays does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. INSURANCE: The successful bidder will be required to furnish proof of insurance for Workers’ Compensation, Auto Liability and General Liability before any work may begin. CONTINUING NON-PERFORMANCE of the bidder, in terms of specifications, shall be basis for the termination of the contract by the County. The County shall not pay for merchandise/services that are unsatisfactory. Failure to perform any provision will constitute a default of contract, in which case, corrective action shall take place within ten (10) days from the date of written notice citing the nature of breach. Failure to take corrective action or to provide a satisfactory written reply excusing such failure within the prescribed ten (10) days will authorize the County to terminate this agreement by written notice. INVOICES: shall be sent directly to the Hays County Auditor’s Office, 712 S. Stagecoach Trail, Suite 1071, San Marcos, Texas 78666. Payments will be processed after notification that all services/supplies have been rendered satisfactorily and no unauthorized services have been rendered. Hays County terms of invoice are net thirty (30) days from invoice date. Hays County is exempt from federal excise and state sales tax; therefore, tax must not be included in this bid. The County reserves the right to accept in part or in whole any bids submitted, and waive any technicalities for the best interest of the County. THE BID AWARD shall be based on but not necessarily limited to, the following factors:

Total price

Special needs and requirements of Hays County

Vendors past performance record with Hays County

Hays County’s evaluation of vendor’s ability

Vendor’s references CONTRACT TERM: The term of this contract is from June 1, 2017 through May 31, 2018 with the option to renew for four (4) additional one year terms at the discretion of the Hays County Commissioners Court. Price re-determination will be considered at the time renewal is considered. Purchasing will send out a renewal letter the month before contract will end for verification that awarded vendor would like to renew for one (1) additional year provided all terms and conditions remain unchanged and in full force and effect as provided in original bid.

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3. BIDDING REQUIREMENTS

REFERENCES: Hays County requires bidder to supply with this bid, a list of at least three (3) references where like services have been supplied by their company. Include name of company, address, telephone number and name of representative. RESPONSIBILTY: A prospective bidder must affirmatively demonstrate bidder’s responsibility. A prospective bidder must meet the following requirements:

Have adequate financial resources, or the above ability to obtain such resources as required

Be able to comply with required or proposed delivery schedule

Have a satisfactory record of performance

Be otherwise qualified and eligible to receive an award BASIS OF AWARD: The County reserves the right to award a contract for named project to a bidder on the basis of total low bid and/or the best value for the County. Bidders must bid on all items in order to be considered responsive. FORMS: All bids must be submitted on the forms provided in this bid document. Changes to bid forms made by bidders shall disqualify the bid. Bids cannot be altered or amended after submission deadline. CONFLICT OF INTEREST: A vendor or other person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local government entity, or is an agent of a vendor or person who is seeking to contract with the County must file a Conflict Disclosure Questionnaire online at https://ethics.state.tx.us/whatsnew/elf_info_form1295.htm (form can be downloaded at https://www.ethics.state.tx.us/forms/CIQ.pdf). As part of this packet, please mark “Not Applicable” on any questions that do not apply to your affiliation or business relationship with any Hays County elected officer and return with the response package. Please submit the Conflict of Interest Questionnaire with your proposal/bid submission. Failure to return this document may disqualify your response from consideration. ESTIMATED QUANTITIES: Hays County is not obligated to purchase any minimum amount, and the County may purchase any reasonable amount greater than the estimate for the same unit price. Any limit on quantities available must be stated expressly in the bid. PURCHASE ORDER: A PURCHASE ORDER IS REQUIRED FOR ANY WORK ORDER/INVOICE GREATER THAN OR EQUAL TO $500.00 for products and/or services. The purchase order number must appear on all itemized invoices and/or requests for payment. No work is to be performed until a purchase order number is acquired for any amount greater than or equal to $500.00. It is the responsibility of the vendor to ensure a purchase order has been

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obtained prior to performing work. No amount over $500.00 will be paid if vendor has not taken steps to ensure compliance with this requirement. COMPLIANCE WITH LAWS: The successful bidder shall comply with all applicable federal, state and local laws and regulations pertaining to the practice of the profession and the execution of the duties under the bid.

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SPECIFICATIONS A. Scope: The intent of this Invitation for Bid and resulting contract is for the Hays County

Road Department to purchase signs on an as needed basis. B. Materials: All materials provided will conform to the standards and specifications detailed in

the most current Texas Manual of Uniform Traffic Control Devices (TXMUTCD). Standard Drawings of required signage may be found at http://www.txdot.gov/inside-txdot/forms-publications/publications/highway-signs.html.

C. The attached list is a partial list of the signs that Hays County will be ordering please submit

pricing on these signs.

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BID SHEET

ITEM CODE DESCRIPTION SIZE UNIT PRICE

* - ALL SIGNS .080 ALUMINUM

REGULATORY SIGNS

1 R1-1 STOP-STD 30X30 2 STOP SIGN 36X36 3 BR1-2 YIELD 30X30 4 MR1-2 YIELD-MIN 36X36

5 MR2-1 SPEED LIMIT (PLACE MPH HERE) 18X24

6 R2-1 SPEED LIMIT (PLACE MPH HERE) 24X30

7 R1-4 ALL-WAY (STOP) 18X6

R7 SERIES PARKING RESTRICTION

8 R8-1T NO PARKING ON BRIDGE-STD 24X30

9 R8-3a NO PARKING (SYMBOL)-STD 24X24

10 R12-1T WEIGHT LIMIT/GROSS LBS. 24X36

11 R19-7 NO FISHING FROM BRIDGE 12X24

12 NO PARKING ANY TIME/TOW-AWAY (SYMBOL) 12X24

13 NO DUMPING ALLOWED $15-$200 FINE 24X36

WARNING SIGNS

14 MW1-1R 90 DEG. RIGHT TURN-MIN 30X30 15 MW1-1L 90 DEG. LEFT TURN-MIN 30X30

16 MW1-2R CURVE RIGHT 30X30

17 MW1-2L CURVE LEFT 30X30 18 MW1-3L REVERSE 90 DEG. L, R TURN 30X30

19 MW1-3R REVERSE 90 DEG. R, L TURN 30X30

ITEM CODE DESCRIPTION SIZE UNIT PRICE

* - ALL SIGNS .080 ALUMINUM

WARNING SIGNS - CONTINUED

20 MW1-4L REVERSE L, R CURVE 30X30

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21 MW1-4R REVERSE R, L CURVE 30X30

22 MW1-5L WINDING ROAD (1ST CURVE LEFT) 30X30

23 MW1-5R WINDING ROAD (1ST CURVE RIGHT) 30X30

24 MW1-6 RIGHT OR LEFT ARROW-MIN 36X18

25 W1-6 RIGHT OR LEFT ARROW-BIKE 48X24

26 MW1-7 DOUBLE ARROW-MIN 36X18

27 W1-7 DOUBLE ARROW 48X24

28 MW1-8 CHEVRON ALIGNMENT SIGN-MIN 12X18

29 SW1-8 CHEVRON ALIGNMENT SIGN-SPEC 24X18

30 MW2-1 CROSS ROAD SIGN-MIN 30X30

31 MW2-2 SIDE ROAD SIGN (90 DEG.)-MIN 30X30

32 MW2-3 SIDE ROAD SIGN (45 DEG.)-MIN 30X30

33 MW2-4 "T" INTERSECTION-MIN 30X30

34 MW2-5 "Y" INTERSECTION-MIN 30V30

35 MW3-1a STOP AHEAD 30X30

36 MW3-1a STOP AHEAD 36X36

37 MW3-2a YIELD AHEAD 30X30 38 MW3-2a YIELD AHEAD 36X36

39 MW4-2 LN. REDUCTIONS TRANS. SIGN-MIN 30X30

40 MW5-2 NARROW BRIDGE (WORDS)-MIN 30X30 41 MW5-2a NARROW BRIDGE (SYMBOL) 30X30 42 MW5-2a NARROW BRIDGE (SYMBOL)-MIN 30X30 43

NO OUTLET W/ARROW 36X8

ITEM CODE DESCRIPTION SIZE UNIT PRICE

* - ALL SIGNS .080 ALUMINUM WARNING SIGNS - CONTINUED

44 MW5-3 ONE LANE BRIDGE (WORDS)-MIN 30X30 45 MW7-1 HILL-DOWN GRADE (SYMBOL)-MIN 30X30 46 MW7-1 HILL-UP GRADE (SYMBOL) MIN 30X30 47 MW8-2 DIP SIGN-MIN 30X30 48 MW8-3a PAVEMENT ENDS (SYMBOL)-MIN 30X30 49 MW8-11 CATTLE GUARD 30X30 50 W8-14 WATER OVER ROAD (WORDS)-STD 30X30 51 MW10-1 RAILROAD XING (ADV. WARNING)-MIN 30" 52 MW11-3 DEER XING (SYMBOL)-MIN 30X30 53 MW11-4 COW XING (SYMBOL)-MIN 30X30 54 HORSE XING(SYMBOL)-MIN 30X30

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55 MW11-8 FIRESTATION (SYMBOL)-MIN 30X30 56 W12-1 DOUBLE ARROW SIGN (2 ARROWS DOWN) 24X24 57 W12-5 LOAD ZONED BRIDGE (WORDS) 30X30 58 W13-1 ADVISORY SPEED MPH-STD 18X18 59 MW14-2 NO OUTLET SIGN-MIN 30X30 60 MW14-3 NO PASSING ZONE-PENNANT-MIN 30X40 61 MW14-4 LIMITED SIGHT DISTANCE (WORDS)-MIN 30X30 62 W41-4b SLOW CHILDREN AT PLAY (SYMBOL) 18X24 63 OM-3L TYPE 3 OBJECT MARKER LEFT 12X36 64 OM-3R TYPE 3 OBJECT MARKER RIGHT 12X36 65 OM-2VP HIGH INTENSITY OBJECT MARKER (REFLECTOR) 6X12 66 HIGH WATER 30X30 67 SLIPPERY WHEN WET 30X30 CONVENTIONAL GUIDE SIGNS

68 D26 FLOOD GAUGE (WORDS) 18X12 69 D27 HAYS COUNTY MAINTENANCE BEGINS (WORDS) 24X15 70 D28 HAYS COUNTY MAINTENANCE ENDS (WORDS) 24X15 71 D29 FLOOD GAUGE (WITH 6" NUMBERS) 8X6 72 ROAD CLOSED THRU TO TRAFFIC 60X30 73 ROAD CLOSED 48X30 SCHOOL RELATED SIGNS

74 S1-1 SCHOOL PED. XING (SYMBOL)-STD 36X36 75 S2-1 SCHOOL PED. XING (SYMBOL W/CROSSWALK)-STD 36X36 76 S3-1 SCHOOL BUS STOP AHEAD (WORDS) 30X30 CONSTRUCTION SIGNS

77 MCW21-2

FRESH OIL (WORDS)-MIN 30X30

78 MCW21-4

ROAD WORK AHEAD (WORDS)-MIN 30X30

79 CW21-8 BE PREPARED TO STOP (WORDS)-STD 30X30 80 CW21-9 MOWERS AHEAD (WORDS)-STD 30X30 81 MCW8-7 LOOSE GRAVEL 30X30 82 SHOULDER DROP-OFF 30X30 83 END OF ROAD WORK 84 DETOUR WITH LEFT OR RIGHT ARROW 24X30

ITEM CODE DESCRIPTION SIZE UNIT PRICE

* - SIGNS MUST COMFORM TO ASTM B449 BLANK SIGNS FOR STREET NAMES WITH HOLES 1 RED REFLECTIVE 24X6 2 RED REFLECTIVE 30X6 3 GREEN REFLECTIVE 24X6 4 GREEN REFLECTIVE 30X6

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GREEN REFECTIVE 30X9 BLANK SIGNS 5 WHITE WITH BLACK BORDER 18X24 6 WHITE WITH BLACK BORDER 12X18 7 WHITE WITH BLACK BORDER 24X24 8 WHITE WITH BLACK BORDER 30X30 9 YELLOW WITH BLACK BORDER 18X24 10 YELLOW WITH BLACK BORDER 12X18 11 YELLOW WITH BLACK BORDER 24X24 12 YELLOW WITH BLACK BORDER 30X30

POSTS & ANCHOR BASE

13 GREEN U-CHANNEL DELINEATOR POST, 1.12 LBS/FT

6 FT.

14 SQ. TUBULAR SIGN POST, GALV. STEEL / 14 GAUGE

PERFORATED ON 4 SIDES (PLEASE GIVE PRICE/FT.)

10 FT.

15 SQ. TUBULAR ANCHOR POST, GALV. STEEL / 12 GAUGE

PERFORATED ON 4 SIDES (2"X2") 3 FT. 13/4 SQ POST CAP 51/2 FLAT BLADEHOLDER RIVETS, BOLTS & NUTS

16 STEEL DRIVE RIVET 3/8" 17 CORNER BOLT (5/16 DIAMETER) 2" 18 FLANGE NUT (5/16 DIAMETER) BARRICADE ITEMS, FLAGS & ROLL-UP SIGNS

19 BARRICADE SHEETING TAPE 6" STRIPES (50 YDS) 6" 20 BARRICADE SHEETING TAPE 6" STRIPES (50 YDS) 8" 21 RED REFLECTIVE TAPE 2" 22 PARADE PLASTIC A-FRAME BARRICADE (2 EA. A-

FRAME LEGS) 2"X8"

23 RUBBER BASE ROLL-UP SIGN STANDS (ZEPHYR OR

APPROVED EQUAL) 24 SAFETY DRUM 4-4 HI BAND WITH TIRE RING BASE 25 REFLECTIVE STOP AND SLOW PADDLE WITH HANDLE 24" 26 ORANGE FLAGS 18"

27 ORANGE FLAGS 24"

28 RUBBER BASE ROLL-UP SIGN STANDS (ZEPHYR OR APPROVE EQUAL}

29 VINYL ROLL-UP SIGNS W/HEAVY DUTY FRAME, 4 HARD

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CORNER POCKETS TO FIT ZEPHYR STAND OR APPROVED EQUAL, WITH TIE STRAP AND ANTI-KITING DEVICE

VINYL ROLL-UP SIGNS SHOULD BE TO TXDOT STANDARD

DMS-8310 36X36

30 ORANGE CONES W/REFLECTIVE TAPE 28' 31 ORANGE CONES 28"

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Certificate of Interested Parties In 2015, the Texas Legislature adopted House Bill 1295, which added 2252.908 to the Texas Government Code and applies to all contracts entered into on or after January 1, 2016. Section 2252.908 (b)(1)(2) applies only to a contract of a governmental entity or state agency that requires an action or vote by the governing body of the entity or agency before the contract may be signed or that has a value of at least $1 million. In addition, pursuant to Section 2252.908 (d), a governmental entity or state agency may not enter into a contract described by Subsection (b) with a business entity unless the business entity, in accordance with this section and rules adopted under this section, submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. With regard to Hays County purchases, a vendor or other person who is awarded a contract or purchase approved by Hays County Commissioners Court is required to electronically complete a Form 1295 through the Texas Ethics Commission website at https://ethics.state.tx.us/whatsnew/elf_info_form1295.htm and submit a signed and notarized copy of the form to the Hays County Purchasing office. A contract, including County issued purchase order (if applicable), will not be enforceable or legally binding until the County received and acknowledges receipt of the properly completed Form 1295 from the awarded vendor. Failure to return this document may disqualify your response from consideration. If you do not have access to the link provided above please or have any questions please contact Purchasing at 512-393-2271.

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Vendor/Bidder’s Affirmation

1. Vendor/Bidder affirms that they are duly authorized to execute this Contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to price, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engages in this type of business prior to the official opening of this bid.

2. Vendor/Bidder hereby assigns to Purchaser any and all claims for

overcharges associated with this Contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq.

3. Pursuant to 262.076 (a) of the Texas Local Government Code,

Vendor/Bidder, hereby affirms that Vendor/Bidder: _______Does not own taxable property in Hays County. _______Does not owe any ad valorem taxes to Hays County or is not otherwise indebted to Hays County. Name of Contracting Company Contact Name Title Mailing Address City State Zip Code Signature of Company Official Authorizing Bid/Offer Printed Name Phone Fax E-mail address

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VENDOR REFERENCES

Please list three (3) references of current customers who can verify the quality of service your company provides. The County prefers customers of similar size and scope of work to this proposal/bid. This form must be returned with your bid/proposal.

Government/Company Name: ______________________________________________ Location: ______________________________________________________________ Contact Person and Title: _________________________________________________ Scope of Work: _________________________________________________________ Contract Period: _________________________________________________________

Government/Company Name: ______________________________________________ Location: ______________________________________________________________ Contact Person and Title: _________________________________________________ Scope of Work: _________________________________________________________ Contract Period: _________________________________________________________ Government/Company Name: ______________________________________________ Location: ______________________________________________________________ Contact Person and Title: _________________________________________________ Scope of Work: _________________________________________________________ Contract Period: _________________________________________________________

REFERENCE TWO

REFERENCE THREE

REFERENCE ONE

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HAYS COUNTY PRACTICES RELATED TO

HISTORICALLY UNDERUTILIZED BUSINESSES

1. STATEMENT OF PRACTICES

Hays County will strive to ensure that all businesses, regardless of size, economic, social or

ethnic status have an equal opportunity to participate in the County’s procurement processes.

The County is committed to promote full and equal business opportunity for all businesses to

supply the goods and services needed to support the mission and operations of county

government, and seeks to encourage the use of certified historically underutilized businesses

(HUB’s) through the use of race, ethnic and gender neutral means. It is the practice of Hays

County to involve certified HUBs to the greatest extent feasible in the County’s procurement of

goods, equipment, services and construction projects while maintaining competition and quality

of work standards. The County affirms the good faith efforts who recognize and practice similar

business standards.

2. DEFINITIONS

Historically underutilized businesses (HUBs), also known as a disadvantaged business enterprise

(DBE), are generally business enterprises at least 51% of which is owned and the management

and daily business operations are controlled by one or more persons who is/are socially and

economically disadvantaged because of his/her identification as a member of certain groups,

including women, Black Americans, Mexican Americans, and other Americans if Hispanic origin,

Asian Americans and American Indians.

Businesses include firms, corporations, sole proprietorships, vendors, suppliers, contractors,

subcontractors, professionals and other similar references when referring to a business that

provides goods and/or services regardless of the commodity category.

Certified HUB’s include business enterprises that meet the definition of a HUB and who meet

the certification requirements of certification agencies recognized by Hays County, as expressed

below.

Statutory bid limit refers to the Texas Local Government Code provision that requires

competitive bidding for many items valued at greater than $50,000.

3. GUIDELINES

A. Hays County, its contractors, their subcontractors and suppliers, as well as all vendors of

goods, equipment and services, shall not discriminate on the basis of race, color, creed,

gender, age, religion, national origin, citizenship, mental or physical disability, veteran’s

status or political affiliation in the award and/or performance of contracts. All entities doing

business or anticipating doing business with the County shall support, encourage and

implement affirmative steps toward a common goal of establishing equal opportunity for all

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citizens and businesses of the County.

B. Vendors and/or contractors desiring to participate in the HUB program must successfully

complete the certification process with the State of Texas or Texas Unified Certification

Program. The vendor or contractor is also required to hold a current valid certification (title)

from either of these entities.

C. Vendors and/or contractors must be registered with the State Comptroller’s web-based HUB

directory and with the Comptroller’s Centralized Master Bidder’s List (CMBL). Hays County

will solicit bids from certified HUB’s for state purchasing and public works contracts.

4. Hays County will actively seek and encourage HUBs to participate in all facets of the

procurement process by:

A. Continuing to increase and monitor a database of certified HUB vendors, professionals and

contractors. The database will be expanded to include products, areas of expertise and

capabilities of each HUB firm.

B. Continuing to seek new communication links with HUB vendors, professionals and

contractors to involve them in the procurement process.

C. Continuing to advertise bids on the County’s website and in the newspapers including

newspapers that target socially and economically disadvantaged communities.

5. As prescribed by law, the purchase of one or more items costing in excess of the statutory bid

limit must comply with the competitive bid process. Where possible, those bids will be

structured to include and encourage the participation of HUB firms in the procurement process

by:

A. Division of proposed requisitions into reasonable lots in keeping with industry standards and

competitive bid requirements.

B. Where feasible, assessment of bond and insurance requirements and the designing of such

requirements to reasonably permit more than one business to perform the work.

C. Specifications of reasonable, realistic delivery schedules consistent with the County’s actual

requirements.

D. Specifications, terms and conditions reflecting the County’s actual requirements are clearly

stated, and do not impose unreasonable or unnecessary contract requirements.

6. A HUB practice statement shall be included in all specifications. The County will consider the

bidder’s responsiveness to the HUB Practices in the evaluation of bids and proposals. Failure to

demonstrate a good faith effort to comply with the County’s HUB practices may result in a bid or

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proposal being considered non-responsive to specifications.

7. Nothing in this practice statement shall be construed to require the County to award a contract

other than to the lowest responsive bidder as required by law. This practice is narrowly tailored

in accordance with applicable law.

Please sign for acknowledgement of the Hays County HUB Practices:

Signature Date

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CODE OF ETHICS FOR HAYS COUNTY

Public employment is a public trust. It is the policy of Hays County to promote and balance the objective of protecting government integrity and the objective of facilitating the recruitment and retention of personnel needed by Hays County. Such a policy implemented by prescribing essential standards of ethical conduct without creating unnecessary obstacles to entering public services.

Public servants must discharge their duties impartially so as to assure fair competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the Hays County procurement organization.

To achieve the purpose of this article, it is essential that those doing business with Hays County also observe the ethical standards prescribed here.

1. It shall be a breach of ethics to attempt to influence any public employee, elected official or department head to breach the standards of ethical conduct set forth in this code.

2. It shall be a breach of ethics for any employee of Hays County or a vendor doing business with the county to participate directly or indirectly in a procurement when the employee or vendor knows that: A. The employee or any member of the employee’s immediate family, or household has

a substantial financial interest pertaining to the procurement. This means ownership of 10% or more of the company involved and/or ownership of stock or other interest or such valued at $2500.00 or more.

B. A business or organization in which the employee, or any member of the employee’s immediate family, has a financial interest pertaining to the procurement.

C. Gratuities: It shall be a breach of ethics to offer, give or agree to give any employee

of Hays County or for any employee to solicit, demand, accept or agree to accept from a vendor, a gratuity of consequence or any offer of employment in connection with any decision approval, disapproval, recommendation, preparation or any part of a program requirement or purchase request influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or controversy, any particular matter pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore pending before this government.

D. Kickbacks: It shall be a breach of ethics for any payment, gratuity or offer of

employment to be made by or on behalf of a subcontractor under a contract to the

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prime contractor or higher tier subcontractor for any contract for Hays County as an inducement for the award of a contract or order.

E. Contract Clause: The prohibition against gratuities and kickbacks prescribed above

shall be conspicuously set forth in every contract and solicitation therefore. F. Any effort to influence any employee, elected official, or department head to violate

the standards of the code is grounds to void the contract. Please certify, by your signature below, that you understand the ethics policy of Hays County and in no way will attempt to violate the code.

SIGNATURE: __________________________________________________________

PRINT NAME & TITLE: _________________________________________________

COMPANY NAME: _____________________________________________________

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BID CHECKLIST

____ 1. Solicitation, Offer and Award completed, signed and submitted with bid

____ 2. Vendor References completed and submitted with bid

____ 3. Vendor/Bidder’s Affirmation Page completed, signed and submitted with bid

____ 4. HUB Practices signed and submitted with bid

____ 5. Conflict of Interest Questionnaire completed, signed and submitted with bid

____ 6. Certificate of Interested Parties filed online with the Texas Ethics Commission and a

notarized copy signed and submitted with bid

____ 7. Code of Ethics signed and submitted with bid

____ 8. The Bid Sheet completed and submitted with bid

____ 9. Bid is in a sealed envelope with the bid title & number on it and addressed to:

Kim LaPointe, CPPB Hays County Purchasing Manager 712 S Stagecoach Trail, Suite 1071 San Marcos, TX 78666

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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 amendment to Section 6.07 of the Hays County Personnel policy which would change the maximum days an employee could use from the Hays County Sick Pool from 90 to 180.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT May 16, 2017 0.00

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR

Michele Tuttle, Hays County Treasurer COBB N/A

SUMMARY 26B54B82B110B138B166B194B222B250BSeveral years ago, the State Law changed to where the maximum number of days that can be given from a sick pool is 180. Section 6.07 of the Hays County Personnel policy regarding sick pool states "The amount of leave given and taken is not to exceed the lessor of one-third of the total time in the pool or 90 days." 27B55B83B111B139B167B195B223B251BThis action would bring that portion of the policy up to date.

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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 Juvenile Detention Center to purchase one replacement Matrix 2 Tank 48k water softener and amend the budget accordingly.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT May 16, 2017 $703

LINE ITEM NUMBER 070-685-00.5719_400

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO

REQUESTED BY SPONSOR CO-SPONSOR

Brett Littlejohn COBB N/A

SUMMARY 27B58B89B120B151B182B213B244B275BThe Juvenile Detention Center request authorization to purchase a replacement water softener utilized in their kitchen area. This equipment services some major appliances within the JDC kitchen to help minimize maintenance costs and extend the useful life of large kitchen appliances needed to service the juvenile population at the center. The additional funds needed for this purchase have been identified within their operating budget. 28B59B90B121B152B183B214B245B276BBudget Amendment: 29B60B91B122B153B184B215B246B277BIncrease Misc Eqpt .5719_400 30B61B92B123B154B185B216B247B278BDecrease Fuel .5271

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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 Constable Precinct 3 Office to add a telephone allowance effective May 1, 2017 for Deputy Constable, slot 0885-020 and amend the budget accordingly.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT May 16, 2017 $175

LINE ITEM NUMBER 001-637-00.5194

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO

REQUESTED BY SPONSOR CO-SPONSOR

Constable Ray Helm CONLEY N/A

SUMMARY 27B59B91B123B155B187B219B251B283BA stipend has been requested and approved via the Request/Justification Form for Electronics and Related Equipment/Services for the Deputy Constable position. This position travels throughout the precinct for public safety and civil processes. It is imperative that he is available to staff as well as members of the community in order to remain productive and perform duties effectively. 28B60B92B124B156B188B220B252B284BSavings with the operating budget have been identified to fund this request. 29B61B93B125B157B189B221B253B285BBudget Amendment: 30B62B94B126B158B190B222B254B286BDecrease - 001-637-00.5489 31B63B95B127B159B191B223B255B287BIncrease - 001-637-00.5194

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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 an increase in the line of credit from $1,500 to $5,000 for two cardholders in the District Court offices.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT May 16, 2017 N/A

LINE ITEM NUMBER N/A

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO

REQUESTED BY SPONSOR CO-SPONSOR

Judge Gary Steel COBB N/A

SUMMARY 27B55B83B111B139B167B195B223B251BThe District Court Judges are requesting a credit limit increase for two cardholders for expenses related to sequestering a jury. The current credit limit is not sufficient funding to support these types of expenditures.

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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 call for a public hearing on May 30, 2017 to establish traffic regulations on Sawyer Ranch Road between Belterra Drive and Cool Spring Way (reduce existing speed limit).

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-ROADS May 16, 2017

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 25B51B77B103B129B155B181B207B233BThis action will be to reduce the existing 50 MPH speed limit on this segment of Sawyer Ranch Rd to a 35 MPH speed limit for both directions of travel for times when the existing school zone speed limit of 30 MPH is not active (see maps).

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Belterrra Drive

Cool Spring Way

Proposed new 35 MPH speed limit in bothdirections, reduced from existing 50 MPH,when school zone is not active, from CoolSpring Way to Belterra Drive, thus making it 35MPH all the way to US 290 (RED ARROWS).

Existing 30 MPH school zone speedlimit location, active per DSISD belltimes (GREEN ARROWS).

Existing 50 MPH speed limitfrom Belterra Drive to DardenHill Rd (BLUE ARROWS).

SAWYER RANCH ROAD

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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 call for a public hearing on May 30, 2017 to establish a school zone speed limit of 20 MPH on Dacy Lane for McCormick Middle school.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-ROADS May 16, 2017

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 25B51B77B103B129B155B181B207B233BThis action would establish a school zone speed limit of 20 MPH on Dacy Lane to accommodate traffic for McCormick Middle School.

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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

SUB-720 Panther Hollow Subdivision (2 Lots). Discussion and possible action to approve final plat.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-SUBDIVISIONS May 16, 2017

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR

Caitlyn Strickland CONLEY N/A

SUMMARY 25B52B79B106B133B160B187B214B241BThe proposed Panther Hollow Subdivision is a 2 lot subdivision located off of Elder Hill Road in Precinct 3. 26B53B80B107B134B161B188B215B242BThe subdivision will be served by private wells and wastewater treatment will be accomplished by individual on-site sewage facilities.

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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

SUB-687 Anthem Phase 1 Preliminary Plan (234 Lots). Discussion and possible action to approve preliminary plan.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-SUBDIVISIONS May 16, 2017

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR

Caitlyn Strickland JONES N/A

SUMMARY 25B52B79B106B133B160B187B214B241BThis proposed Anthem Phase 1 Preliminary plan is a 234 lot subdivision across 95.96 acres off of FM 150 in Precinct 2. Out of the 234 total lots, 219 will be intended for Single Family Residences, 11 will be intended for Drainage/Utility Easement, and 4 lots will be intended for various other uses. Average lot size for all lots is 0.318 acres. 26B53B80B107B134B161B188B215B242BAll residential lots will be served by the City of Kyle for water service and wastewater service.

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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

SUB 471 - The Fields at Wimberley Springs Subdivision (1 lot). Discussion and possible action to authorize the filing of the record plat for the Fields at Wimberley Springs Final plat.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-SUBDIVISIONS May 16, 2017

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR

Caitlyn Strickland CONLEY N/A

SUMMARY 25B51B77B103B129B155B181B207B233BThis plat was approved on January 6th, 2016 by the Commissioners Court; however, the plat was not recorded with the County Clerk within 12 months as required by the Hays County Development Regulations. The applicant is requesting authorization to file the approved plat.

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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

SUB-756 Medlin Creek Ranch (39 Lots). Discussion and possible action to approve preliminary plan.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-SUBDIVISIONS May 16, 2017

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR

Caitlyn Strickland WHISENANT N/A

SUMMARY 25B52B79B106B133B160B187B214B241BThis proposed Medlin Creek Ranch Subdivision is a 39 lot subdivision across 243 acres located off of Fitzhugh Road in Precinct 4. 26B53B80B107B134B161B188B215B242BThe subdivision will be served by individual water wells and rainwater collection for water service and wastewater service will be accomplished by individual on-site sewage facilities.

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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 Parks Division of Development and Community Services to accept international credit card payments in an amount not to exceed $50.00 per transaction, for reservations at Hays County park locations.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-MISCELLANEOUS May 16, 2017

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR

Garza CONLEY JONES

SUMMARY 25B51B77B103B129B155B181B207B233BGuests of the Jacobs Well Natural Area and Gay Ruby Dahlstrom Nature Preserve are charged a small fee for access to each location. It is the desire of staff to accept credit/debit cards as the primary form of payment, however, a significant number of visitors are from outside the United States. Staff would like to accept international payments as well as domestic. The request includes a cap of $50 per transaction.

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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 a fee of $1,000.00 per month, effective October 1, 2017, payable by the Hays Central Appraisal District (HCAD) to cover Hays County's administration and maintenance of health benefits for HCAD employees.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-MISCELLANEOUS May 16, 2017

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS: Health Plan Processing Fees will be deposited in the Medical and Dental Fund Line Item 003-730-00.4431

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO

REQUESTED BY SPONSOR CO-SPONSOR

Michele Tuttle COBB N/A

SUMMARY 26B59B92B125B158B191B224B257B290BHCAD operations are funded by all of the taxing entities that utilize HCAD services. These entities include the school districts, cities, ESD's, MUD's, community colleges, and other special districts within Hays County. Currently HCAD employees are allowed to participate in Hays County's Medical and Dental Plans. Due to the small number of employees at HCAD, the cost for their own health benefit plan would be more expensive than joining the County's plan. This reduction in cost for HCAD benefits all of the tax payers for all of the taxing entities that utilize HCAD services. 27B60B93B126B159B192B225B258B291BA fee of $1,000 per month has been proposed by the Hays County Treasurer's Office. This fee will allow for a more equitable distribution of the costs to the various HCAD funding agencies for administration of the plan. This fee will help offset costs associated with: 28B61B94B127B160B193B226B259B292B-open enrollment 29B62B95B128B161B194B227B260B293B-assisting HCAD employees with issues related to different insurance plans 30B63B96B129B162B195B228B261B294B-time spent balancing and reconciling insurance bills 31B64B97B130B163B196B229B262B295B-payment issues 32B65B98B131B164B197B230B263B296BIn the future it may be necessary to review HCAD's participation in Hays County's health benefit plan and explore other ways in which all of the funding entities of HCAD can more equitably share the costs and liabilities of HCAD employee health benefits.

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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 AMOUNT REQUIRED

EXECUTIVE SESSION May 16, 2017

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 25B51B77B103B129B155B181B207B233BSummary to be provided in Executive Session.

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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 pending and/or contemplated litigation involving Hays County. Possible action may follow.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

EXECUTIVE SESSION May 16, 2017 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR

KENNEDY COBB N/A

SUMMARY 26B53B80B107B134B161B188B215B242BLitigation update to be provided in Executive Session.

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