presentations & proclamations · 9/27/2016 · presentation of certificate of achievement for...

Commissioners Court –September 27, 2016 NOTICE OF A MEETING OF THE

COMMISSIONERS COURT OF HAYS COUNTY, TEXAS

This Notice is posted pursuant to the Texas Open Meetings Act. (VERNONS TEXAS CODES ANN. GOV. CODE CH.551). The Hays County Commissioners Court will hold a meeting at 9:00 A.M. on the 27th day of September, 2016, in the Hays County Courthouse, Room 301, San Marcos, Texas. An Open Meeting will be held concerning the following subjects: CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE - Pledge of Allegiance to the American Flag & Pledge of Allegiance to the Texas Flag ROLL CALL

PRESENTATIONS & PROCLAMATIONS 1 4-5 Adopt a proclamation declaring October 2-8, 2016 as National 4-H Week. COBB/MANGOLD

2 6-7 Adopt a proclamation declaring October 2016 as National Domestic Violence Awareness Month. CONLEY

3 8-10 Presentation of Certificate of Achievement for Excellence in Financial Reporting to Marisol Villarreal-Alonzo from the Government Finance Officers Association. COBB/HERZOG

4 11 Adopt a proclamation declaring September 28th as Bill Herzog Day in Hays County and recognize Mr. Herzog for his 31 years of service as County Auditor. COBB

5 12-14 Presentation of Hays County Service Awards. COBB/BAEN

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. 6 15 Approve payments of county invoices. HERZOG 7 16-22 Approve Commissioners Court Minutes of September 20, 2016. COBB/GONZALEZ

8 23-39

Award IFB # 2016-B08 Construction Services for the renovations of the Hays County Precinct 3 Offices to Wood and Thomason Construction and authorize the Development and Community Services Director and General Counsel to negotiate a contract and authorize the County Judge to sign the contract. COLNEY/GARZA

9 40-41 Authorize the Historical Commission to restore historical items for the Kyle Depot restoration project and amend the budget accordingly. COBB/JOHNSON

10 42-43 Authorize capital improvements to the Historical Commission Kyle Depot restoration project and amend the budget accordingly. COBB/JOHNSON

11 44-52

Authorize the County Judge to execute a "Keep It" Program Agreement with Dell Marketing, LP and to allow the Information Technology Department to accept donated hardware for the Virtual Desktop Infrastructure (VDI) Solution roll out and amend the budget accordingly. COBB/MCGILL

12 53-65 Ratify the County Judge's authorization to execute a renewal agreement with SHI Government Solutions for the County Wide Microsoft Licensing Agreement. COBB/MCGILL

13 66 Authorize the Information Technology Department to distribute Microsoft Tablets, Accessories and Software to various departments and amend the budget accordingly. COBB/MCGILL

14 67 Authorize the District Attorney's Office to utilize Hot Check Fee funds to implement a salary supplemental for the Administrative Assistant I, slot 019 effective 10/1/16 and amend the budget accordingly. COBB/MAU

15 68 Authorize the Sheriff's Office to accept additional grant funding from the United States Secret Service for two PT300 GPS Tracking Devices and amend the budget accordingly. COBB/CUTLER

16 69 Authorize County Court at Law, Veteran's Court Program to add a telephone allowance effective September 1, 2016 for the Veteran's Court Administrator, slot 0447-001 and amend the budget accordingly. COBB/GLICKLER

ACTION ITEMS

SUBDIVISIONS

17 70-76 SUB-431 Rolling Hills Estates Section 1, Replat of Lot 1, Block 1 (2 lots). Discussion and possible action to consider granting a variance to Table 10-1 of the Hays County Rules for On-Site Sewage Facilities. JONES/HAIRELL

18 77-86 SUB-390 Twin Mountains Estates 2, Amended plat of lot 17A and 14A (2 lots). Discussion and possible action to consider granting a variance to Table 10-1 of the Hays County Rules for On-Site Sewage Facilities. JONES/HAIRELL

MISCELLANEOUS

19 87-153

Discussion and possible action to authorize the County Judge to execute a Collective Bargaining Agreement between Hays County and the Hays County Law Enforcement Agency (HCLEA), the Hays County Sheriff's Office, and all Hays County Constables. The Court may enter executive session to consult with counsel on this item. COBB

20 154

Discussion and possible action to approve an Order by the Commissioners Court of Hays County, Texas expressing intent to reimburse project expenditures from proceeds of future tax-exempt obligations, commonly known as a Reimbursement Resolution, related to property owned by Hays County on Clovis Barker Road in San Marcos, Texas. CONLEY/WHISENANT

21 155-163

Discussion and possible action regarding 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. CONLEY/INGALSBE

22 164-166

Discussion and possible action to authorize the County Judge to execute a Letter of Agreement between Hays County and Central Texas Medical Center (CTMC) and authorize the payment of $2,172,000 related to Indigent health care costs to be released on or before September 30, 2016. COBB

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.

23 167

Executive Session pursuant to Sections 551.071 and 551.074 of the Texas Government Code: consultation with counsel and deliberation regarding the performance and duties of the Veterans Service Officer, Emergency Management Coordinator, IT Director, Human Resources Director, Transportation Director, General Counsel, Elections Administrator, Development and Community Services Director, Grants Administrator, Chief Juvenile Probation Officer and Juvenile Facility Administrator. COBB/BAEN

24 168 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

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.

25 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

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

27 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 23rd day of September, 2016

COMMISSIONERS COURT, HAYS COUNTY, TEXAS

______________________________________________ CLERK OF THE COURT

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

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

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

AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

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

AGENDA ITEM

Adopt a proclamation declaring October 2-8, 2016 as National 4-H Week.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

PROCLAMATIONS/PRESENTATIONS September 27, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR

Jason Mangold, Hays County Extension Agent COBB N/A

SUMMARY 25B51B77B103B129B155B181B207B233BSee attached proclamation.

4

PROCLAMATION DECLARING OCTOBER 2-8, 2016 AS NATIONAL 4-H WEEK

WHEREAS, The Hays County Commissioners Court is proud to honor the 4-H

Youth Development Program of the Texas A&M AgriLife Extension Service for 108 years of providing experience-based education to youngsters throughout the Lone Star State; and

WHEREAS, This admirable program, which seeks to provide a learning experience for

the whole child, including head, heart, hands, and health, helps young Texans to acquire knowledge, develop life skills, and form attitudes to enable them to become self-directed, productive, and contributing members of our society; and

WHEREAS, Its more than 602,000 urban, suburban, and rural youth participants,

ranging in age from eight to nineteen, hail from diverse ethnic and socioeconomic backgrounds and truly represent a cross-section of the state; and

WHEREAS, The program undoubtedly could not have achieved the success that it has

today were it not for the service of its more than 30,000 volunteers, who have given generously of their time, talents, energies, and resources to the youth of Texas; and

WHEREAS, Throughout its proud history, the 4-H program has developed positive

role models for countless Texans and through its innovative and inspiring programs, continues to build character and to instill the values that have made our state strong and great; now, therefore, be it

THEREFORE, LET IT BE RESOLVED, the Hays County Commissioners Court,

does hereby designate October 2-8, 2016 as

National 4-H Week and commend the 4-H Youth Development Program of the Texas A&M AgriLife

Extension Service and the many men and women who have made the program a success.

ADOPTED THIS THE 27TH DAY OF SEPTEMBER, 2016

Bert Cobb, M.D.

Hays County Judge

______________________________ ______________________________ Debbie Gonzales Ingalsbe Mark Jones Commissioner, Pct. 1 Commissioner, Pct. 2

______________________________ ______________________________ Will Conley Ray Whisenant Commissioner, Pct. 3 Commissioner, Pct. 4

ATTEST:

________________________ Liz Q. Gonzalez Hays County Clerk

5




AGENDA ITEM

Adopt a proclamation declaring October 2016 as National Domestic Violence Awareness Month.


CONSENT September 27, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Cari Borremans CONLEY N/A

SUMMARY 25B51B77B103B129B155B181B207B233BPlease see the attached Proclamation.

6

PROCLAMATION DECLARING OCTOBER 2016 AS NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH

WHEREAS, the crime of domestic violence violates the basic human rights of safety and dignity, and 132 women were killed due to domestic violence in Texas last year; and WHEREAS, the problems of domestic violence and teen dating violence are not confined to any group of people, but cut across all economic, racial, gender and societal barriers; and WHEREAS, the impact of domestic violence and teen dating violence directly affects individuals and communities when society ignores or tolerates violence in relationships; and WHEREAS, women and men need to work together to bring safety and equality; and

WHEREAS, the Hays County Sheriff’s Office, Texas State University Police Department, San Marcos Police Department, Kyle Police Department and Buda Police Department are partnering with the Hays-Caldwell Women’s Center to promote Domestic and Teen Dating Violence Awareness in our local communities and in our area High Schools and University and; WHEREAS, last year HCWC provided face-to-face services to over 958 local victims of domestic violence and provided 8,455 days of shelter; and WHEREAS, last year HCWC provided these direct services to 704 victims from Hays County; and NOW, THEREFORE, The Commissioners Court of Hays County does, by virtue of the authority vested in us, hereby proclaim the month of

October 2016 as National Domestic Violence Awareness Month And call upon the people of Hays County to recognize and support the important work accomplished by all area Law Enforcement agencies and Hays-Caldwell Women’s Center.

ADOPTED THIS THE 27TH DAY OF SEPTEMBER, 2016

Bert Cobb, M.D. Hays County Judge

______________________________ ______________________________ Debbie Gonzales Ingalsbe Mark Jones Commissioner, Pct. 1 Commissioner, Pct. 2

______________________________ ______________________________ Will Conley Ray Whisenant Commissioner, Pct. 3 Commissioner, Pct. 4

ATTEST: ________________________ Liz Q. Gonzalez Hays County Clerk

7




AGENDA ITEM

Presentation of Certificate of Achievement for Excellence in Financial Reporting to Marisol Villarreal-Alonzo from the Government Finance Officers Association.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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


Herzog COBB N/A

SUMMARY 25B51B77B103B129B155B181B207B233B"This Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management." GFOA of the United States & Canada.

8




AGENDA ITEM

Adopt a proclamation declaring September 28th as Bill Herzog Day in Hays County and recognize Mr. Herzog for his 31 years of service as County Auditor.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



COBB N/A

SUMMARY 24B49B74B99B124B149B174B199B224BBill Herzog is retiring from Hays County after serving 31 years as the County Auditor. A proclamation will be presented in Court.

11




AGENDA ITEM

Presentation of Hays County Service Awards.


PROCLAMATIONS/PRESENTATIONS September 27, 2016 n/a

LINE ITEM NUMBER n/a

AUDITOR USE ONLY

AUDITOR COMMENTS:



Dee Dee Baen COBB N/A

SUMMARY 27B55B83B111B139B167B195B223B251BPresentation of Hays County Service Awards

12

Five Years

SHERIFF DEPUTY DOMINGUEZ, GARRETT S.

SHERIFF CORRECTIONS OFFICER LOPEZ, JONATHAN

COUNTY CLERK

LAW LIBRARIAN/RECORDS MANAGEMENT OFFICER BARRON, MELODY

TRANSPORTATION ROAD MAINTENANCE WORKER SPECIALIST PIMENTEL, FERNANDO

SHERIFF DEPUTY KIRKWOOD, MICHAEL J.

SHERIFF

EMERGENCY COMMUNICATIONS OFFICER CHASSE, HOLLY

Ten Years

TRANSPORTATION ROAD MAINTENANCE WORKER SENIOR CERVANTES, JOSE ESTEBAN

TRANSPORTATION ROAD MAINTENANCE WORKER SENIOR MARTINEZ, DAVID ANTONIO

Fifteen Years

SHERIFF

EMERGENCY COMMUNICATIONS OFFICER JONES, MEGAN LOUISE

Twenty Years

SHERIFF LIEUTENANT SAENZ, JUAN LEONARDO

SHERIFF CAPTAIN CUMBERLAND, MARK WILLIAM

13

Twenty Five Years

JUVENILE CENTER JUVENILE FACILITY ADMINISTRATOR LITTLEJOHN,JAMES BRETT

Retirement

AUDITOR COUNTY AUDITOR HERZOG, BILL

14




AGENDA ITEM

Approve payment of County invoices.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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


Auditor’s Office HERZOG N/A

SUMMARY

15




AGENDA ITEM

Approve Commissioner Court Minutes of September 20, 2016.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Gonzalez COBB N/A

SUMMARY

16

HAYS COUNTY COMMISSIONERS' COURT MINUTES –SEPTEMBER 20, 2016

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STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 20TH DAY OF SEPTEMBER A.D., 2016, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:

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

WILL CONLEY COMMISSIONER, PCT. 3 RAY O. WHISENANT JR COMMISSIONER, PCT. 4 OSCAR MEJIA JR DEPUTY COUNTY CLERK

AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

Bishop Gene Massey gave the invocation and Judge Cobb led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Cobb called the meeting to order. PUBLIC COMMENTS Robert Pugh, General Manager of West Travis PUA and Ari Axelrod spoke of Wimberley made a public comment. 31849 ADOPT A PROCLAMATION DECLARING OCTOBER 4, 2016 AS NATIONAL NIGHT

OUT Sheriff Gary Cutler spoke. A motion was made by Commissioner Whisenant, seconded by Commissioner Ingalsbe to adopt a proclamation declaring October 4, 2016 as National Night Out. All voting “Aye”. MOTION PASSED 31850 ADOPT A PROCLAMATION CELEBRATING INTERNATIONAL DAY OF PEACE ON

SEPTEMBER 21, 2016 Center Director of Gary Job Corps. Lonnie Hall and Randolph Goodman, Gary Job Corps Business Community Liason spoke. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to adopt a proclamation celebrating International Day of Peace on September 21, 2016. All voting “Aye”. MOTION PASSED 31851 APPROVE PAYMENTS OF COUNTY INVOICES A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to approve payments of County Invoices in the amount of $1,328,571.87 as submitted by the County Auditor. All voting “Aye”. MOTION PASSED 31852 APPROVE COMMISSIONERS COURT MINUTES OF SEPTEMBER 13, 2016 A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to approve Commissioners Court minutes of September 13, 2016. All voting “Aye”. MOTION PASSED 31853 AUTHORIZE THE COUNTY JUDGE TO ACCEPT A GRANT AWARD FROM THE

OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION FOR FUNDING TO SUPPORT THE HAYS COUNTY VETERANS COURT IN THE AMOUNT OF $101,583.75

On February 23, 2016 the Commissioners Court approved submission of a grant application and accompanying resolution to the Governor's Office, Criminal Justice Division for funding to support the Hays County Veterans Court. The Veterans Court provides a voluntary intensive treatment program for those military veterans who suffer from combat-related trauma and have been diagnosed with mental health issues, PTSD, or TBI, and have been arrested for a non-violent offense. The grant award is to continue the support and operations of the Court, and includes funding for a Court Coordinator, travel and training expenses, office supplies, and contractual services including drug/alcohol testing and monitoring and Court-appointed defense attorney fees. The grant project period is from September 1, 2016 through August 31, 2017. The statement of award and required conditions for CJD recipients are attached and acceptance is done electronically. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to authorize the County Judge to accept a grant award from the Office of the Governor, Criminal Justice Division for funding to support the Hays County Veterans Court in the amount of $101,583.75. All voting “Aye”. MOTION PASSED

17


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31854 AUTHORIZE INSTITUTIONAL OSSF PERMIT AT 17361 IH 35, BUDA, TX, 78610 BNT Holdings, LLC is proposing an OSSF to serve a 32,000 square foot office/warehouse. This building will have no more than 30 employees and 5 daily visitors. This 9.459 acre property is Lot 1 of the Cotton Development 2 Subdivision and lies within the City of Buda. Water will be supplied by a public water supply. The system designer, Steve Wenzel, R.S., has designed a system, which consists of standard treatment with dispersal by a low pressure pipe drain field. The maximum daily usage rate is 260 gallons. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to authorize Institutional OSSF Permit at 17361 IH 35, Buda, TX, 78610. All voting “Aye”. MOTION PASSED 31855 AUTHORIZE INSTITUTIONAL OSSF PERMIT AT 980 SOUTH LOOP 4, BUDA, TX,

78610 GM AG Holdings, LLC is proposing an OSSF to serve a 43,000 square foot Chip Semiconductor business. This building will have no more than 50 employees and 15 daily visitors. This 19.97 acre property is Lot 1 of the GM AG Holdings Subdivision. Water will be supplied by a public water supply. The system designer, Derrick Lormand, R.S., has designed a system, which consists of standard treatment with dispersal by a low pressure pipe drain field. The maximum daily usage rate is 560 gallons. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to authorize Institutional OSSF Permit at 980 South Loop 4, Buda, TX, 78610. All voting “Aye”. MOTION PASSED 31856 AUTHORIZE INSTITUTIONAL OSSF PERMIT AT 13526 W HIGHWAY 290, AUSTIN,

TX Lasco Polo Club Partners, LTD is proposing an OSSF to serve a Children's Learning Center child care facility at 13526 W Highway 290 in Precinct 4. This property is 12.07 acres in size and water will be supplied by public water supply. The components of this on-site sewage facility will be a grease interceptor, pretreatment tank, equalization tanks, and 2 aerobic treatment units. After treatment, effluent will be dispersed to a drip irrigation field. The system was designed by Erin Banks for an equalized flow of 2743 GPD over a 7 day period. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to authorize Institutional OSSF Permit at 13526 W Highway 290, Austin, TX. All voting “Aye”. MOTION PASSED 31857 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A MEMORANDUM OF

UNDERSTANDING (MOU) WITH THE TEXAS GENERAL LAND OFFICE (GLO) TO ADDRESS ACCESS AND HANDLING OF DATA PHYSICALLY OR ELECTRONICALLY ACQUIRED BY THE GLO REGARDING RECOVERY NEEDS WITHIN THE CBDG-DR PROGRAM

The MOU specifies terms and conditions of data acquisition, use, storage, privacy and security and monitoring. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a Memorandum of Understanding (MOU) with the Texas General Land Office (GLO) to address access and handling of data physically or electronically acquired by the GLO regarding recovery needs within the CBDG-DR Program. All voting “Aye”. MOTION PASSED

31858 AUTHORIZE THE DEVELOPMENT AND COMMUNITY SERVICES DEPARTMENT TO

DISPOSE OF CERTAIN SALVAGE PROPERTY IN THE POSSESSION OF THE DEVELOPMENT SERVICES DIVISION, PURSUANT TO CHAPTER 263 OF THE TEXAS LOCAL GOVERNMENT CODE

Until 2010, the Development Services Division produced paper map books for use by emergency responders, Hays County staff, elected officials, etc. Extra copies were made available for sale to the public. Current roadmap information is provided digitally and current technology has eliminated any demand for the 137 remaining paper books. Staff has determined the map books are now obsolete and have no value for the purpose originally intended. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Development and Community Services Department to dispose of certain salvage property in the possession of the Development Services Division, Pursuant to Chapter 263 of the Texas Local Government Code. All voting “Aye”. MOTION PASSED 31859 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A RESOLUTION CERTIFYING

THAT THE COUNTY HAS APPROVED A $13,000 GRANT FOR FY 2017 TO COMBINED COMMUNITY ACTION, AN ORGANIZATION THAT PROVIDES HOME DELIVERED MEALS TO HOMEBOUND PERSONS IN THE COUNTY THAT ARE ELDERLY OR HAVE A DISABILITY

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to authorize the County Judge to execute a resolution certifying that the County has approved a $13,000 grant for FY

18


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2017 to Combined Community Action, an organization that provides home delivered meals to homebound persons in the County that are elderly or have a disability. All voting “Aye”. MOTION PASSED 31860 ACCEPT AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE A TERMINATION

OF STANDARD PROFESSIONAL SERVICE AGREEMENT BETWEEN HAYS COUNTY AND AMERICAN TRAFFIC SOLUTIONS, INC. (ATS)

Ari Axelrod- a Wimberley resident spoke. General Counsel Mark Kennedy spoke. A motion was made by Commissioner Conley, seconded by Commissioner Whisenant to accept and authorize the County Judge to execute a Termination of Standard Professional Service Agreement between Hays County and American Traffic Solutions, Inc. (ATS). All voting “Aye”. MOTION PASSED

31861 ACTION TO ABANDON PLATTED BUT NON-EXISTING ROADWAY IN THE KYLE

INDUSTRIAL PARK (BUNNY COVE) WITHIN PRECINCT 2, PURSUANT TO CHAPTER 251 OF THE TEXAS TRANSPORTATION CODE

William Holms- a Hays County resident spoke. Director of Development & Community Services, Clint Garza spoke. The Kyle Industrial Park, which was originally platted in 1985. Landowner of three tracts has asked Hays County to abandon the "paper streets" to ensure the dedication made via the plat is rescinded. Sec. 251.051. GENERAL AUTHORITY OF COMMISSIONERS COURT. (a) The commissioners’ court of a county shall: (1) order that public roads be laid out, opened, discontinued, closed, abandoned, vacated, or altered; and (2) assume control of streets and alleys in a municipality that does not have an active de facto municipal government. (b) A unanimous vote of the commissioners court is required to: (1) close, abandon, or vacate a public road; or (2) alter a public road, except to shorten it from end to end (c) The commissioners court of a county may not discontinue a public road until a new road designated by the court as a replacement is ready to replace it (d) The commissioners court may not discontinue, close, or abandon an entire first-class or second-class road unless the road has been vacated or unused for at least three years. Acts 1995, 74th Leg., Ch. 165, Sec. 1, eff. Sept. 1, 1995. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to abandon platted but non-existing roadway in the Kyle Industrial Park (Bunny Cove) within Precinct 2, Pursuant to Chapter 251 of the Texas Transportation Code. All voting “Aye”. MOTION PASSED Clerk’s Note – Court took a break at 10:07 a.m. and reconvened into open session at 10:26 a.m. 31862 ACTION TO RESCIND RESOLUTION NO. 30665 OF COMMISSIONERS COURT

ADOPTED ON MAY 12, 2015, AND TO APPOINT MAGGIE HERNANDEZ MORENO, PURSUANT TO LOCAL GOVERNMENT CODE SECTION 87.041, TO FILL THE VACANCY IN THE OFFICE OF JUSTICE OF THE PEACE, PRECINCT 1, PLACE 2, EFFECTIVE OCTOBER 1, 2016

Maggie Hernandez Moreno spoke. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Conley to rescind Resolution No. 30665 of Commissioners Court adopted on May 12, 2015, and to appoint Maggie Hernandez Moreno, pursuant to Local Government Code Section 87.041, to fill the vacancy in the Office of Justice of the Peace, Precinct 1, Place 2, effective October 1, 2016. Commissioner Conley, Commissioner Ingalsbe and Judge Cobb voting yes. Commissioner Whisenant and Commissioner Jones voting no. MOTION PASSED 31863 ACTION TO AMEND THE CONTRACT WITH PIONEER TECHNOLOGY GROUP FOR

ACCESS TO THE COUNTY CLERK'S OFFICIAL PUBLIC RECORDS EFFECTIVE OCTOBER 1, 2016

Hays County Clerk, Liz Q. Gonzalez spoke. The Court approved a new vendor for the County Clerk's OPR Records on March 29, 2016. The initial contract had a 75/25 shared cost for copies obtained over the internet. With 75% going to the vendor and 25% going to the County Clerk. With the new vendor the County Clerk is now offering the public access to view all documents recorded in the Official Public Records and only charging for printing of any pages. Currently, the County Clerk has not been collecting money for copies via the internet. All requests are sent directly to the Clerk's office for processing. The Court approved the vendor for credit card use on September 13, 2016. PTG is requesting to forego their shared cost in lieu of an increase in the annual maintenance fee. The current yearly maintenance fee is $26,000. The requested yearly maintenance fee would go to $48,000. The County Clerk is formally requesting the Court's consideration for this request which will be effective on October 1, 2016 and will have a budget impact for FY 2017. A motion was made by Commissioner Conley, seconded by Commissioner Whisenant to amend the contract with Pioneer Technology Group for access to the County Clerk’s Official Public Records effective October 1, 2016. All voting “Aye”. MOTION PASSED

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County Clerk’s Note Agenda Item # 16 RE: ACTION TO APPROVE AN ORDER BY THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS EXPRESSING INTENT TO REIMBURSE PROJECT EXPENDITURES FROM PROCEEDS OF FUTURE TAX-EXEMPT OBLIGATIONS, COMMONLY KNOWN AS A REIMBURSEMENT RESOLUTION, RELATED TO PROPERTY OWNED BY HAYS COUNTY ON CLOVIS BARKER ROAD IN SAN MARCOS, TEXAS- was pulled 31864 REAPPOINT RAY WHISENANT TO THE BOARD OF DIRECTORS OF THE WEST

TRAVIS COUNTY PUBLIC UTILITY AGENCY (THE “WTCPUA”) EFFECTIVE OCTOBER 1, 2016 FOR A FOUR YEAR TERM

Commissioner Conley spoke. Commissioner Whisenant initial term ends on September 30, 2016. A motion was made by Commissioner Conley, seconded by Commissioner Jones to reappoint Ray Whisenant to the Board of Directors of the West Travis County Public Utility Agency (The “WTCPUA”) effective October 1, 2016 for a four year term. All voting “Aye”. MOTION PASSED 31865 HOLD A PUBLIC HEARING ON THE FY 2017 HAYS COUNTY PROPOSED BUDGET -

1:30 P.M Judge Cobb opened public hearing. Public input was received by Mary Cauble, Karen Brown, and Joe Papick- members of the Hays County Child Protective Board. Vickie Dorsett from the Hays County Auditor’s Office spoke. A motion was made by Commissioner Conley, seconded by Commissioner Jones to adopt the recommended changes into the overall proposal in which the court has proposed. All voting “Aye”. MOTION PASSED 31866 ACTION TO SET THE FY 2017 SALARIES AND ALLOWANCES FOR HAYS COUNTY

ELECTED OFFICIALS A motion was made by Commissioner Conley, seconded by Commissioner Whisenant to set the FY 2017 salaries and allowances for Hays County Elected Officials. All voting “Aye”. MOTION PASSED 31867 ACTION TO ADOPT THE FY 2017 HAYS COUNTY BUDGET AFTER MAKING ANY

FINAL CHANGES AS A RESULT OF THE PUBLIC HEARING A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to adopt the FY 2017 Hays County budget after making any final changes as a result of the public hearing. All voting “Aye”. MOTION PASSED 31868 ACTION TO RATIFY THE PROPERTY TAX INCREASE REFLECTED IN THE FY

2017 HAYS COUNTY BUDGET Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the Commissioner's Court to ratify the property tax increase reflected in the budget. This budget will raise more total property taxes than last year’s budget by $4,415,636 or 6.24%, and of that amount $3,792,503 is tax revenue to be raised from new property added to the tax roll this year. A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to ratify the property tax increase reflected in the FY 2017 Hays County budget. All voting “Aye”. MOTION PASSED 31869 ACTION TO APPROVE AN ORDER ADOPTING THE TAX RATE FOR FY 2017 AND

LEVY THE TAXES A motion was made by Judge Cobb, seconded by Commissioner Jones to approve an order adopting the tax rate for FY 2017 and levy the taxes. All voting “Aye”. MOTION PASSED WORKSHOP TO INCLUDE A DISCUSSION AND POSSIBLE ACTION REGARDING 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 Commissioner Conley, Judge Cobb, Commissioner Ingalsbe, Chief of Staff Lon Shell, Hays County Tax Assessor Luanne Caraway, Commissioner Whisenant, and Commissioner Jones all spoke on the matter. Section 1-b (h), Article VIII of the Texas Constitution (attached) provides the ability for adopting a tax limitation (tax freeze) on the residence homestead of a person who is disabled or over 65 years of age. Section 1-b (h) states: "The governing body of a county, a city or town, or a junior college district by official action may provide that if a person who is disabled or is sixty-five (65) years of age or older receives a residence homestead exemption prescribed or authorized by this section, the total amount of ad valorem taxes imposed on that homestead by the county, the city or town, or the junior college district may not be increased while it remains the

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residence homestead of that person or that person's spouse who is disabled or sixty-five (65) years of age or older and receives a residence homestead exemption on the homestead." Section 11.261 of the Texas Tax Code (attached) provides the requirements for implementation and administration of the freeze. Once enacted, the tax freeze may not be repealed by the County. The tax freeze may be transferred to a surviving spouse in certain circumstances, and the tax freeze may be transferred to another homestead within Hays County by following the method described in 11.261 (g) of the Texas Tax Code. Will be brought back to court next week for discussion. EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PERFORMANCE AND DUTIES OF THE VETERANS SERVICE OFFICER, EMERGENCY MANAGEMENT COORDINATOR, IT DIRECTOR, HUMAN RESOURCES DIRECTOR, TRANSPORTATION DIRECTOR, GENERAL COUNSEL, ELECTIONS ADMINISTRATOR, DEVELOPMENT AND COMMUNITY SERVICES DIRECTOR, GRANTS ADMINISTRATOR, CHIEF JUVENILE PROBATION OFFICER AND JUVENILE FACILITY ADMINISTRATOR Court convened into Executive Session at 12:50 p.m. and reconvened into open court at 1:30 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Whisenant, Judge Cobb, and General Counsel Mark Kennedy. No action taken. County Clerk’s Note Agenda Item # 25 RE: EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG PROPOSED FM110 IN PCT. 1. POSSIBLE ACTION TO FOLLOW IN OPEN COURT- was pulled EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.087 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH PROJECT HUMPTY DUMPTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT Court convened into Executive Session at 12:15 p.m. and reconvened into open court at 12:24 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Whisenant, Judge Cobb, General Counsel Mark Kennedy, Tammy Crumley and Chief of Staff Lon Shell. No action taken. EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN HAYS COUNTY AND THE HAYS COUNTY LAW ENFORCEMENT ASSOCIATION. POSSIBLE ACTION TO FOLLOW IN OPEN COURT Court convened into Executive Session at 12:24 p.m. and reconvened into open court at 12:50 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Conley, Commissioner Whisenant, Judge Cobb, General Counsel Mark Kennedy, Tammy Crumley, and Chief of Staff Lon Shell. No action taken. 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 Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10% of capacity open. That lowers our recommendation to 311. The jail’s daily average was 278 and peak was 287 on September 12th for the week of September 11 to September 17, 2016. The maximum female capacity is 76 inmates. Last week’s average was 72 and peak was 78 on 9/13/2016. The maximum male capacity is 256 inmates. Last week’s average was 206 and peak was 216 on 9/15/2016. Inmate at Guadalupe County: 84; Inmate at Caldwell County: 0; Inmate at Bastrop County: 25; Inmate at Walker County: 14; Inmate at Gillespie County: 8; Inmate at Blanco County: 3; Inmate at Burnet County: 41. ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION Burn Ban will remain lifted. Judge Cobb urged the citizens to use extreme caution when conducting outdoor burning. County Clerk’s Note Agenda Item #31 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, LAURA HARRIS, HNTB AND ALLEN CROZIER, HDR – was pulled A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to adjourn court 2:23 p.m.

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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 September 20, 2016.

LIZ Q GONZALEZ, COUNTY CLERK AND EXOFFICIO

CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS

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AGENDA ITEM

Award IFB # 2016-B08 Construction Services for the renovations of the Hays County Precinct 3 Offices to Wood and Thomason Construction and authorize the Development and Community Services Director and General Counsel to negotiate a contract and authorize the County Judge to sign the contract.


CONSENT September 27, 2016 NTE $997,743.64

LINE ITEM NUMBER G/L account is 001-645-00.5741

AUDITOR USE ONLY

AUDITOR COMMENTS:



GARZA CONLEY N/A

SUMMARY 28B57B86B115B144B173B202B231B260BIn the FY '17 budget, Commissioners Court authorized renovations for the new Precinct 3 office facility. Staff will complete contractual documents for Wood and Thomason Construction and proceed with facility renovations. Services will begin after October 1, 2016.

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AGREEMENT FOR CONSTRUCTION SERVICES

The Agreement (“Agreement”) between Hays County, a political subdivision of the State of Texas (“Owner”) and Wood and Thomason, LP Construction (“Contractor”) is entered into in accordance with the following terms and conditions:

ARTICLE 1. SCOPE OF WORK: The Owner desires to retain Contactor to provide the construction services described herein. The Contractor shall have overall responsibility for and shall provide complete construction services and furnish all materials, equipment, tools and labor as necessary or reasonably inferable to complete the following described construction services, or any phase of such services, in accordance with the Owner’s requirements and the terms of this Agreement (hereinafter collectively referred to as the “Work”):

As described in the Invitation for Bid #2016-B08 Construction Services for the renovations of the Hays County Precinct 3 Offices, including the specifications set forth therein, which is incorporated herein as if copied in full.

ARTICLE 2. CONTRACT PRICE: Owner agrees to pay the Contractor, for the satisfactory performance of the Work, the not-to-exceed amount of nine hundred, ninety-seven, seven hundred-and-forty-three dollars and sixty-four cents ($997,743.64 USD) in accordance with the terms and conditions of this Agreement.

ARTICLE 3. PLANS AND SPECIFICATIONS: The work shall be performed pursuant to and in accordance with the following described plans and specifications, as well as any revisions made thereto:

As described in the Invitation for Bid #2016-B08, including the specifications set forth therein, which is attached hereto and incorporated herein as if copied in full.

Additional Work: Should Owner choose to add additional work, such additional work shall be described in a separate written amendment to this Agreement wherein the additional work shall be described and the parties shall set forth the amount of compensation to be paid by Owner for the additional work. Contractor shall not begin any additional work and Owner shall not be obligated to pay for any additional work unless a written amendment to this Agreement has been signed by both parties.

ARTICLE 4. SUBSTANTIAL AND FINAL COMPENSATION:

4.1 Commencement of Work. Contractor shall commence the Work upon instruction to do so from the Owner and Construction shall be deemed to have commenced on the date of such instruction.

4.2 Substantial Completion. “Substantial Completion” means the stage in the progress of the Work when the Work, or designed portions thereof, may still require minor modifications or adjustments but, in the Owner’s opinion, the Work has progressed to the point such that all parts of the Work under consideration are fully operational and usable for intended purposes, as evidenced by a Certificate of Substantial Completion approved by the Owner. If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate

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shall be issued before the Work or any portion thereof is considered substantially complete. When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify Owner’s Designated Representative and request a determination as to whether the Work or designated portion thereof is substantially complete. If the Owner does not consider the Work substantially complete, the Owner will notify the Contract giving reasons therefore. Failure on the Owner’s part to list a reason does not alter the responsibility of the Contractor to complete all Work in accordance with the terms of this Agreement. After satisfactory completing items identified by Owner, the Contractor shall then submit another request for the Owner to determine Substantial Completion. If Owner considers the Work substantially complete, Owner will prepare and deliver a certificate of Substantial Completion which shall establish the date of Substantial Completion, shall include a punch list of items to be completed or corrected before final completion and final payment, shall establish the time within which the Contractor shall finish the punch list, and shall establish responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work, warranty and insurance. Failure to include an item on the punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the terms and conditions of this Agreement. The certificate of Substantial Completion shall be signed by the Owner and the Contractor to evidence acceptance of the responsibilities assigned to them in such certificate.

Substantial Completion (as defined in this agreement) for all stages of the Work shall be achieved on or before the following Substantial Completion Date: December 31, 2016.

Under no circumstances will the time for Substantial Completion exceed this date without a written amendment to this Agreement. THE TIME SET FORTH IN THE CONSTRUCTION DOCUMENTS ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT. TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THIS AGREEMENT.

4.3 Completion. The Work shall be substantially completed on or before December 31, 2016; provided, however, Owner may extend said time period in the event bad weather affects the progress of the Work. Owner shall, at its sole discretion, determine when the Work has been fully and finally completed to its satisfaction.

4.4 Liquidated Damages. For each consecutive calendar day after the date of Substantial Completion that the Work is not Substantially Complete, the Owner may deduct the amount of TWO HUNDRED DOLLARS per day ($200/day) from any money due or that becomes due the Contractor, not as a penalty but as liquidated damages representing the parties’ estimate at the time of the contract execution of the damages that the Owner will sustain for late completion. The parties stipulate and agree that calculating Owner’s actual damages for late completion of the Work would be impractical, unduly burdensome, and cause unnecessary delay and that the amount of daily liquidated damages set forth is reasonable.

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ARTICLE 5. PAYMENT

5.1 Contractor shall have a duty to submit to the Owner by the end of each month a statement showing the total value of the Work performed during each month. The statement shall also include the value of all sound materials delivered on the Work site and to be included in the Work and all partially completed Work, whether bid as a lump sum or a unit item, which in the opinion of the Owner is acceptable. The Owner shall examine and approve or modify and approve such statement. The Owner shall then pay the Contractor pursuant to Chapter 2251 of the Texas Government Code (“Texas Prompt Payment Act”), as set forth in Article 11.1 of this Agreement, the total amount of the approved statement less all previous payments and all further sums that may be retained by the Owner under the terms of this Agreement or under the law. Statements are not considered “received” until reviewed by the Owner and an approved statement is submitted to the Hays County Auditor’s Office; therefore, Contractor must ensure timely delivery of statements for review and processing.

5.2 At any time following the completion of all Work, including all punch list items, cleanup, and the delivery of record documents, the Contractor shall submit a certified application for final payment, including all sums held as retainage, if any, to the Owner for its review and approval. Contractor shall submit, prior to or with the application for final payment, final copies of all close out documents, including maintenance and operating instructions, guarantees and warranties, certificates, and all other items required by this Agreement. Contractor shall also submit consent of surety to final payment, and affidavit that all payrolls, bill for materials and equipment, subcontracted work and other indebtedness connected with the Work, except as specifically noted, have been paid or will be paid or otherwise satisfied within the period of time required by Chapter 2251, Texas Government Code. Contractor shall furnish documentation establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of claims arising out of the Agreement. Owner is entitled to rely upon this affidavit and the Contractor may not submit a claim on behalf of a subcontractor or vendor if that claim has not been noted as an exception in the affidavit.

Owner may deduct from the final payment all sums due from Contractor for any reason, Liquidated Damages and all other deductions authorized by this Agreement.

Final payment shall constitute a waiver of all claims by the Contractor expect those specifically identified in writing and submitted to the Owner prior to the application for final payment. Provided, however, that the Work shall not be deemed fully performed by the Contractor and closed until the expiration of all warranty periods.

5.3 Reimbursable Expenses. Reimbursable Expenses include actual out-of-pocket reasonable expenditures made by Design-Build Contractor and its employees and consultants incurred solely and directly in connection with the Work for items that are categorically pre-approved by Owner’s Designated Representative. Contractor shall submit receipts for all reimbursable expenses along with any reimbursement request. Owner shall not pay a mark-up on any reimbursable expenses.

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5.4 Contract Savings. Contractor is encouraged to cooperate with Owner to achieve Project cost savings, resulting in a total construction cost less than the Contract Price cited in Article 2. At the time Contractor applies for Final Payment, the Auditor shall calculate whether, considering all costs of construction, including but not limited to payments made under this Article 5 and reimbursable expense payments made, if any, Contractor has delivered the Project for a total construction cost less than the Contract Price cited in Article 2. If, in the sole opinion of the Hays County Auditor, savings may be identified, then Owner shall retain seventy percent (70%) of those savings and shall pay thirty percent (30%) of those savings to Contractor as a contract savings incentive. Such payment shall be added to the Final Payment made by Owner.

ARTICLE 6. CONTRACTOR’S GENERAL RESPONSIBILITIES AND COVENANTS

6.1 Contractor shall perform all services specifically allocated to it hereunder, as well as those services reasonably inferable and necessary for completion of the Work. The Contractor shall keep the Owner informed of the progress and quality of the Work. Contractor agrees and acknowledges that Owner is entering into this Agreement in reliance on Contractor’s represented expertise and ability to provide the Work described in this Agreement. Contract agrees to use its best efforts, skill, judgment, and abilities to perform its obligations in accordance with the highest standards used in the profession and to further the interests of Owner in accordance with Owner’s requirements and procedures. Contractor’s duties as set forth herein shall at no time be in any way diminished by reason of any approval by the Owner nor shall the Contractor be released from any liability by reason of any approval by the Owner, it being understood that the Owner at all times is ultimately relying upon the Contractor’s skill and knowledge in performing the services required hereunder.

6.2 Contractor is responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. The safety program shall comply with all applicable requirements of the current Occupational Safety and Health Act and all other applicable federal, state and local laws and regulations.

6.3 Contractor shall be an independent contractor under this Agreement and shall assume all of the rights, obligations, liabilities, applicable to it as such independent contractor hereunder and any provisions in this agreement which may appear to give Owner the right to direct Contractor as to details of doing the Work herein covered or to exercise a measure of control over the Work shall be deemed to mean that Contractor shall follow the desires of Owner in the results of the Work only. Owner shall not retain or have the right to control the Contractor’s means, methods or details pertaining to the Contractor’s performance of the Work described herein, nor shall Owner have the power to direct the order in which Contractor’s Work is performed under this Agreement. Owner and Contractor agree and declare that Contractor under Texas Worker’s Compensation Act, Texas Labor Code, Section 406.141, that the Contractor is not an employee of Owner for purposes of this Agreement, and that the Contractor and its employees, agents and sub-subcontractors shall not be entitled to worker’s compensation coverage or any other type of insurance coverage held by Owner:

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6.4 As part of Contractor’s obligations to coordinate the Work, Contractor shall:

a. cooperate with the Owner and endeavor to further the interests of the Owner and the Work;

b. provide an on-site superintendent for the duration of the Work and at all times Work is being performed;

c. visit the Work side and inspect the existing facilities, systems and conditions to insure an accurate understanding of the existing conditions as required;

d. at Owner’s request, attend public meetings and hearings concerning the development of the Work;

e. review all drawings, specifications, and other plans as they are developed by the Owner and/or its architect and advise Owner of any error, inconsistency or omission discovered in the drawings, specifications, and other plans;

f. review the drawings, specifications, and other plans for compliance with all applicable laws and code requirements;

g. advise Owner of any tests that should be performed; h. organize and maintain a competent, full-time staff at the Work site with clearly

defined lines of authority and communication as necessary to coordinate construction activities, monitor and direct progress of the Work;

i. attend Owner’s regularly scheduled Work progress meetings and fully advise the Owner of the Work status including schedule, costs, quality and changes;

j. assist Owner in obtaining building permits and obtain special permits for permanent improvements as required by law;

k. coordinate, monitor and inspect the Work of subcontractors to ensure conformance with the drawings, specifications, other plans and with the terms of this Agreement.

6.5 Contractor shall identify every subcontractor it intends to use for the Work to the Owner in writing at least ten (10) days before subcontractor commences Work. Contractor shall not use any subcontractor to which Owner has a reasonable objection. If Owner does not object to a particular subcontractor within said ten (10) days, such subcontractor may be considered acceptable to Owner. Following Owner’s acceptance of a subcontractor, that subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 6.6 Contractor’s designated representative, which his set forth below Contractor’s signature herein below, shall be responsible for the day-to-day management of the Work on behalf of Contractor. The designated representative shall be the Owner’s primary contact during the Work and shall be available as required for the benefit of the Work and the Owner. The contractor’s designated representative shall be authorized to act on behalf of and bind the Contractor in all matters related to the Work including, but not limited to, execution of Change Orders. 6.7 NO ALTERATIONS OR CHANGES TO THE SPECIFICATIONS SHALL BE MADE, EXCEPT UPON THE WRITTEN CONSENT OF THE OWNER. 6.8 Contractor shall promptly correct any defective Work at Contractor’s sole expense, unless the Owner specifically agrees, in writing, to accept the Work.

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6.9 Contractor shall maintain and deliver the close out documents that describe changes or deviations from the original drawings, specifications and plans that occurred during construction and that reflect the actual “As Built” conditions of the completed Work. 6.10 Contractor shall provide commissioning, starting and check-out services for the systems installed as a part of the Work prior to completion and acceptance. Operation manuals and instructions will be provided to the Owner, the systems will be demonstrated and training provided to Hays County’s operators upon completion and prior to acceptance. 6.11 Contractor hereby warrants that the materials and equipment provided for the Work will be of good quality and new unless otherwise required or permitted by the Owner; that the construction will be free from faults and defects; and that the construction will conform with the requirements of the plans, specifications, drawings and the terms of this Agreement. 6.12 Contractor shall provide warranty services for the Work for a full 12 months (24 months for Work involving mechanical services, if any) following Final Completion and final payment. Just before the warranty period expires, Contractor shall attend an on-site meeting with the Owner to ensure that all warranty issues have been identified and properly remedied. ARTICLE 7. OWNER’S RESPONSIBILITES 7.1 The Owner shall:

a. provide the general schedule for the Work provided Owner is of the opinion such schedule is necessary. The general schedule will set forth the Owner’s plan for milestone dates and completion of the Work;

b. identify a person as its Owner’s Designated Representative (“ODR”) who is authorized to act on the Owner’s behalf with respect to the Work. The ODR shall examine the documents submitted by the Contractor and shall render decision on behalf of the Owner to the extent allowed by Texas law. The initial ODR is identified below as Owner’s signature, below;

c. at Owner’s cost, will secure the services of surveyors, soil engineers, existing facility surveys, testing and balancing, environmental surveys or other special consultants to develop such additional information as may be necessary for a design or construction of the Work;

d. furnish required information and services and shall render approvals and decisions as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Contractor’s services and of the Work;

e. have the right to reject and defective Work. Should Contractor refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Contractor on demand; and

f. owner shall furnish to the Contractor a sufficient number of plans, drawings and specifications sets for Work to be performed.

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ARTICLE 8. INSURANCE AND INDEMINTY 8.1 Insurance. The Contractor shall carry insurance in the types and amounts indicated below for the duration of the Agreement, which shall include items owned by Owner in the care, custody and control of Contractor prior to and during construction. Contractor must also complete and file the declaration pages from the insurance policies with Owner whenever a previously identified policy period expires during the term of the Agreement, as proof of continuing coverage. Contractor shall update all expired policies prior to submission of any payment requests hereunder. Failure to update policies shall be reason for payment to be withheld until evidence for renewal is provided to the Owner.

The furnishings of evidence of insurance coverage must be tendered prior to the execution of the Agreement, and in no event later than ten (10) calendar days from Notice of Award. Failure to provide the insurance in a timely fashion may result in loss of Contractor’s bid bond.

The Contractor shall not cause or allow any of its required insurance to be canceled, nor permit any insurance to lapse during the term in the Agreement or as required in the Agreement. If the Contractor fails to obtain, maintain or renew any insurance required by this Agreement, the Owner may, among other remedies available hereunder or at law, obtain insurance coverage directly and recover the cost of that insurance from the Contractor or declare this Agreement void if the Contractor does not remedy the breach within then (10) days after receipt of notice of breach from the Owner. 8.1.1 The Contractor shall provide and maintain, until the Work covered in this

Agreement is completed and accepted by the Owner, the minimum insurance coverage in the minimum amounts as described below. Coverage shall be written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and rated A- or better by A.M. Best Company or otherwise acceptable to Owner:

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 $100,000.00

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Excess Liability:

Umbrella Form Not Required

Labor Liability:

Worker's Compensation Meeting Statutory Requirements

Builder’s Risk Insurance

(all risks)

An all risk policy shall be in the amount equal at all times to 100% of the Contract Sum. The policy shall include the coverage for loss or damage caused by certified acts of terrorism as defined in the Terrorism Risk Insurance Act. The policy shall be issued in the name of the Contactor and shall name his Subcontractors as additional insureds. The Owner shall be named as a loss payee on the policy. The builders risk policy shall have endorsements as follow:

1. This insurance shall be specific as to coverage and not considered as contributing with any permanent insurance maintained on the present premise. If off-site storage is permitted, coverage shall include transit and storage in an amount sufficient to protect property being transported or stored.

2. For renovation projects and or portions of work contained within an existing structure, the Owner waives subrogation for damage by fire to existing building structure(s), if the Builder’s Risk Policy has been endorsed to include coverage for existing building structure(s) in the amount described in the Special Conditions. However, Contractor shall not be required to obtain such an endorsement unless specifically required by the Special Conditions, in this Agreement. The aforementioned waiver of subrogation shall not be effective unless such endorsement is obtained.

8.1.2. The above insurance requirements are not intended to be compounded with the Contractor’s standing insurance policies. If the Contractor already has in force insurance policies which provide the required coverage, there is no need to purchase duplicate coverage for this Work.

8.1.3 Policies must include the following clauses, as applicable:

a. “It is agreed that the Contractor’s insurance shall be deemed primary with respect to any insurance or self-insurance carried by Hays County for

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liability arising out of operations under the Agreement with Hays County.”

c. “Hays County, its officials, directors, employees, representatives, and volunteers are added as additional insured as respects operations and activities of, or is not applicable to the workers’ compensation policy.

d. “The workers’ compensation and employers’ liability policy will provide a waiver of subrogation in favor of Hays County.”

8.1.4 Workers’ Compensation Insurance Coverage:

In the event that Contractor employs any individual to perform any portion of the Work, Contractor shall comply with Texas Labor Code, §406.096, which requires workers’ compensation insurance coverage for all employees providing services on a building or construction project for a governmental entity.

The Contractor shall post on the Work site a notice, in the text, form and manner prescribed by the Texas Workers’ Compensation Commission, informing all persons providing services in relation to the Work that they are required to be covered, and stating how a person may verify Coverage and report lack of Coverage.

8.1.5 Contractor shall be responsible for payment of premiums for all of the insurance coverages required under this Agreement. Contractor further agrees that for each claim, suite or action made against insurance provided hereunder, with respect to all matters for which the Contractor is responsible hereunder. Contractor shall be solely responsible for all deductibles and self-insured retentions. Any deductibles or self-insured retentions over $50,000 in the Contractor’s insurance must be declared and approved in writing by Owner in advance.

8.1.6 The Contractor shall contractually require each person or entity with whom it contracts to provide services in relation to the Work, to comply with each and every insurance requirement that Contractor must comply with hereunder. More specifically, each person or entity with whom Contractor contracts to provide services on in relation to the Work must comply with each insurance requirement under this Article 8 just as if such person or entity was the Contractor. Thus, every reference to Contractor under each insurance requirement of this Article 8 shall mean and include each person or entity with whom Contractor contracts to provide services in relation to the Work fails to obtain, maintain or renew any insurance required by this Agreement, the Owner may, among other remedies available hereunder or at law, obtain insurance coverage directly and recover the cost of that insurance from the Contractor or declare this Agreement void if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the Owner.

8.2. INDEMNITY.

8.2.1 INDEMNIFICATION – EMPLOYEE PERSONAL INJURY CLAIMS. TO THE FULLEST

EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND (WITH

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COUNSEL OF OWNER’S CHOOSING), AND HOLD HARMLESS OWNER, AND OWNER’S

EMPLOYEES, AGENTS, REPRESENTATIVE, PARTNERS, OFFICERS, AND DIRECTORS

(COLLECTIVELY, THE “INDEMNITEES”) AND SHALL ASSUME ENTIRE RESPONSIBILITY

AND LIABILITY (OTHER THAN AS A RESULT OF INDEMNITEES’ GROSS NEGLIGENCE) FOR

ANY CLAIM OR ACTION BASED ON OR ARISING OUT OF THE PERSONAL INJURY, OR

DEATH, OR ANY EMPLOYEE OF THE CONTRACTOR, OR OF ANY SUBCONTRACTOR, OR OF

ANY OTHER ENTITY FOR WHOSE ACTS THEY MAY BE LIABLE, WHICH OCCURRED OR WAS

ALLEGED TO HAVE OCCURRED ON THE WORK SITE OR IN CONNECTION WITH THE

PERFORMANCE OF THE WORK. CONTRACTOR HEREBY INDEMNITEES THE INDEMNITEES

EVEN TO THE EXTENT THAT SUCH PERSONAL INJURY WAS CAUSED OR ALLEGED TO

HAVE BEEN CAUSED BY THE SOLE, COMPARATIVE OR CONCURRENT NEGLIGENCE OF

THE STRICT LIABILITY OF ANY INDEMNIFIED PARTY. THIS INDEMNIFICATION SHALL NOT

BE LIMITED TO DAMAGES, COMPENSATION, OR BENEFITS PAYABLE UNDER INSURANCE

POLICIES, WORKERS’ COMPENSATION ACTS, DISABILITY BENEFITS ACTS, OR OTHER

EMPLOYEES BENEFITS ACTS. 8.2.2 INDEMNIFICATION – OTHER THAN EMPLOYEE PERSONAL INJURY CLAIMS, TO

THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR SHALL INDEMNIFY, DEFEND

(WITH COUNSEL OF OWNER’S CHOOSING), AND HOLD HARMLESS OWNER, AND OWNER’S

EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, OFFICERS, AND DIRECTORS

(COLLECTIVELY, THE “INDEMNITEES”) FROM AND AGAINST CLAIMS, DAMAGES, LOSSES

AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES, ARISING OUT OF OR

ALLEGED TO BE RESULTING FROM THE PERFORMANCE OF THIS AGREEMENT OR THE

WORK DESCRIBED HEREIN, TO THE EXTENT CAUSED BY THE NEGLIGENCE, ACTS, ERRORS, OR OMISSIONS OF CONTRACTOR OR ITS SUBCONTRACTORS, ANYONE

EMPLOYED BY THEM OR ANYONE FOR WHOSE ACTS THEY MAY BE LIABLE, REGARDLESS

OF WHETHER OR NOT SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS CAUSED IN WHOLE OR

IN PARTY BY A PARTY INDEMNIFIED HEREUNDER.

8.3 Except for the obligation of Owner to pay Contractor the Contract Price pursuant to the terms of this Agreement, and to perform certain other obligations pursuant to the terms and conditions explicitly set forth herein, Owner shall have no liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement. Notwithstanding any obligation or liability of Owner to Contractor, no present or future partner or affiliate of Owner or any agent, officer, director, or employee of Owner, Hays County, or of the various departments comprising Hays County, or anyone claiming under Owner has or shall have any personal liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement.

ARTICLE 9. BONDS

9.1 Payment Bond. Upon execution of this Agreement, Contractor shall provide a Payment Bond in the amount of 100% of the Contract Price, as security for the true and faithful payment in full of all subcontractors and persons performing labor, services, materials, machinery, and fixtures in connection with the Work. The surety for a Payment Bond shall meet the requirements of Texas law.

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9.2 Warranty Bond. Upon execution of this Agreement, Contractor shall provide a Warranty Bond in the amount of 20% of the Contract Price, as security for the true and faithful performance of all warranties set forth in Bid Documents and this Agreement. ARTICLE 10. TERMINATION 10.1 Termination for Cause. If either party commits an Event of Breach (a breach of any of the covenants, terms and/or conditions of this Agreement), the non-breaching party shall deliver written notice of such Event of Breach to the breaching party. Such notice must specify the nature of the Event of Breach and inform the breaching party that unless the Event of Breach is cured within three (3) business days of receipt of the notice, additional steps may be taken to terminate this Agreement. If the breaching party begins a good faith attempt to cure the Event of Breach within three (3) business days, then and in that instance, the three (3) business day period may be extended by the non-breaching party, so long as the breaching party continues to prosecute a cure diligently to completion and continues to make a good faith attempt to cure the Event of Breach. If, in the opinion of the non-breaching party, the breaching party does not cure the breach within three (3) business days or otherwise fails to make any diligent attempt to correct the Event of Breach, the breaching party shall be deemed to be in breach and the non-breaching party may, in addition to seeking the remedies available hereunder and under the law, terminate this Agreement. 10.2 Termination for Convenience. The Owner may terminate this Agreement for convenience and without cause or further liability upon thirty (30) days written notice to Contractor. In the event of such termination, it is understood and agreed that only the amounts due to Contractor for goods, commodities and/or services provided and expenses incurred to and including the date of termination, will be due and payable. No penalty will be assessed for Owner's termination of this Agreement for convenience. ARTICLE 11. MISCELLANEOUS PROVISIONS 11.1 Interest and Late Payments. Except as otherwise specifically set forth herein, Owner's payment for goods and services shall be governed by Chapter 2251 of the Texas Government Code. Interest charges for any overdue payments shall be paid by Owner in accordance with Texas Government Code Section 2251 .025. More specifically, the rate of interest that shall accrue on a late payment is the rate in effect on September 1 of Owner's fiscal year in which the payment becomes due. The said rate in effect on September 1 shall be equal to the sum of one percent (1 %); and (2) the prime rate published in the Wall Street Journal on the first day of July of the preceding fiscal year that does not fall on a Saturday or Sunday. In the event that an error appears in an invoice/application for payment submitted by Contractor, Owner shall notify Contractor of the error not later than the twenty first (21st) day after the date Owner receives the invoice/application for payment. If the error is resolved in favor of Contractor, Contractor shall be entitled to receive interest on the unpaid balance of the invoice/application for payment submitted by Contractor beginning on the date that the payment for the invoice/application for payment became overdue. lf the error is resolved in favor of the Owner, Contractor shall submit a corrected invoice/application for payment that

34

must be paid in accordance within the time set forth above. The unpaid balance accrues interest as provided by Chapter 2251 of the Texas Government Code if the corrected invoice/application for payment is not paid by the appropriate date. 11.2 Assignment; Successors and Assigns. This Agreement is a personal service contract for the services of Contractor, and Contractor's interest in this Agreement, duties hereunder and/or fees due hereunder may not be assigned or delegated to a third party. This Agreement shall be binding upon and inure to the benefit of parties hereto and their respective successors and assigns. 11.3 Captions. The captions of paragraphs in this Agreement are for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction. 11.4 Governing Law and Venue. This Agreement and all of the rights and obligations of the parties and all of the terms and conditions shall be construed, interpreted and applied in accordance with and governed by and enforced under the laws of the State of Texas without reference to its conflicts of law provisions. Hays County where the Work site is located shall be the sole place of venue for any legal action arising from or related to this Agreement or the project in which the Owner is a party. 11.5 Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreement. 11.6 Interpretation. In the event of any dispute over the meaning or application of any provision of the Contract Documents, the Contract Documents shall be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the actual drafter of the Contract Documents. 11.7 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted assigns and successors. 11.8 Appointment. Owner hereby expressly reserves the right from time to time to designate by notice to Contractor a representative(s) to act partially or wholly for Owner in connection with the performance of Owner's obligations. Contractor shall act only upon instructions from the designated representative(s) unless otherwise specifically notified to the contrary. 11.9 Audits. Contractor agrees that Owner or its duly authorized representatives shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any and all books, documents, papers and records of Contractor which are directly pertinent to the services to be performed under this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions. Contractor agrees that Owner shall have access during normal working hours to all

35

necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. Owner shall give Contractor reasonable advance notice of intended audits. 11.10 Severability. Should any term or provision of this Agreement be held invalid or unenforceable in any respect, the remaining terms and provisions shall not be affected and this Agreement shall be construed as if the invalid or unenforceable term or provision had never been included. 11.11 No Waiver of Immunities. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to Owner, its past or present officers, employees, or agents, nor to create any legal rights or claim on behalf of any third party. Owner does not waive, modify, or alter to any extent whatsoever the availability of the defense of governmental immunity under the laws of the State of Texas and of the United States. 11.12 Current Revenues. Under Texas Jaw, a contract with a governmental entity that contains a claim against future revenues is void; therefore, each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying pa1iy. 11.13 Compliance with Laws. Contractor shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, Worker's Compensation laws, minim um and maxim um salary and wage statutes and regulations, licensing laws and regulations. When required, Contractor shall furnish the County with certification of compliance with said laws, statutes, ordinances, rules, regulations, orders, and decrees above specified. 11.14 Sales and Use Tax Exemption. Owner is a body corporate and politic under the laws of the State of Texas and claims exemption from sales and use taxes under Texas Tax Code Ann. §151.309, as amended. 11.15 Texas Public Information Act. To the extent, if any, that any provision in this Agreement is in conflict with Tex. Gov't Code 552.001 et seq., as amended (the "Public Information Act"), the same shall be of no force or effect. Furthermore, it is expressly understood and agreed that Owner, its officers and employees may request advice, decisions and opinions of the Attorney General of the State of Texas in regard to the application of the Public Information Act to any information or data furnished to Owner whether or not the same are available to the public. It is further understood that Owner, its officers and employees shall have the right to rely on the advice, decisions and opinions of the Attorney General, and that Owner, its officers and employees shall have no liability or obligation to Contractor for the disclosure to the public, or to any person or persons, of any software or a part thereof, or other items or data furnished to Owner by Contractor in reliance of any advice, decision or opinion of the Attorney General of the State of Texas.

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11.16 Force Majeure. If the party obligated to perform is prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of said party, the other party shall grant such party relief from the performance of this Agreement. The burden of proof for the need of such relief shall rest upon the party obligated to perform. To obtain release based on force majeure, the party obligated to perform shall file a written request with the other party. 11.17 Equal Opportunity in Employment. The parties to this Agreement agree that during the performance of the services under this Agreement they will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The parties to this Agreement will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; termination; rates of pay or other forms of compensation; and section for training, including apprenticeship. 11.18 Reports of Accidents. Within 24 hours after Contractor becomes aware of the occurrence of any accident or other event which results in, or might result in, injury to the person or property of any third person (other than an employee of the Contractor), whether or not it results from or involves any action or failure to act by the Contractor or any employee or agent of the Contractor and which arises in any manner from the performance of this Agreement, the Contractor shall send a written report of such accident or other event to the County, setting forth a full and concise statement of the facts pertaining thereto. The Contractor shall also immediately send the County a copy of any summons, subpoena, notice, or other documents served upon the Contractor, its agents, employees, or representatives, or received by it or them, in connection with any matter before any cou1i arising in any manner from the Contractor's performance of work under this Agreement. 11.19 Relationship of the Parties. Each party to this Agreement, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. 11.20 Appropriation of Funds by Owner. Owner believes it has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement. Contractor understands and agrees that the Owner's payment of amounts under this Agreement is contingent on the Owner receiving appropriations or other expenditure authority sufficient to allow the Owner, in the exercise of reasonable administrative discretion, to continue to make payments under this Agreement. 11.21 Execution in Counterparts. This Agreement may be executed in counterparts, each of which, when executed and delivered, shall be deemed to be an original and all of which together shall constitute one and the same document.

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11.22 Entire Agreement. This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either oral or written. This Agreement may be amended only by written instrument signed by each party to this Agreement. NO OFFICIAL, EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE OWNER HAS ANY AUTHORITY, EITHER EXPRESS OR IMPLIED, TO AMEND THIS AGREEMENT, EXCEPT PURSUANT TO SUCH EXPRESS A UTHORITY AS MA Y BE GRANTED BY THE HAYS COUNTY COMMISSIONERS COURT. BY SIGNING BELOW, the Parties have executed and bound themselves to this Agreement to be effective as of the date of the last party’s execution hereof (Effective Date).

(SIGNATURES ON THE FOLLOWING PAGE)

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OWNER: CONTRACTOR:

Hays County, Texas Wood and Thomason, LP a political subdivision of the State of Texas

By:___________________________________ By:___________________________ Judge Bert Cobb, M.D. ________________________

Hays County Judge ________________________

ATTEST:

_____________________________________ Liz Q. Gonzalez, Hays County Clerk

PARTY REPRESENTATIVES:

Owner’s Designated Representative (“ODR”) Contractor’s Designated Representative Name:___________________________________ Name:________________________

Title/Department:__________________________ Title:____________________________

Address:_________________________________ Address:_________________________

Telephone:_______________________________ Telephone:_______________________

Fax:____________________________________ Fax:_____________________________

Email:___________________________________ Email:___________________________

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AGENDA ITEM

Authorize the Historical Commission to restore historical items for the Kyle Depot restoration project and amend the budget accordingly.


CONSENT September 27, 2016 $13,950

LINE ITEM NUMBER 141-676-00.5719_400

AUDITOR USE ONLY

AUDITOR COMMENTS: See attached budget amendment



Kate Johnson COBB N/A

SUMMARY 28B60B92B124B156B188B220B252B284BThe Historical Commission director would like to restore 2 luggage cars, 1 train cart and 2 train benches to be displayed at the Kyle Depot project. These pieces will be disassembled and restored to original condition. Donated funds are available in the Historical Commission Publication fund to cover this amendment. 29B61B93B125B157B189B221B253B285BBudget Amendment: 30B62B94B126B158B190B222B254B286BIncrease - Misc Equipment 31B63B95B127B159B191B223B255B287BDecrease - Contract Services

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AGENDA ITEM

Authorize capital improvements to the Historical Commission Kyle Depot restoration project and amendment the budget accordingly.



LINE ITEM NUMBER 141-676-00.5741

AUDITOR USE ONLY




Kate Johnson COBB N/A

SUMMARY 28B62B96B130B164B198B232B266B300BThe Historical Commission director would like to install stamped concrete walkways at the Kyle Depot Station. Three quotes were received, with Quintero Construction being the lowest. Donated funds are available in the Historical Commission Publication fund to cover this amendment. 29B63B97B131B165B199B233B267B301BAttachment: 30B64B98B132B166B200B234B268B302BQuintero Construction quote 31B65B99B133B167B201B235B269B303BBudget Amendment: 32B66B100B134B168B202B236B270B304BIncrease - Misc Capital Improv 33B67B101B135B169B203B237B271B305BDecrease - Contract Services

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AGENDA ITEM

Authorize the County Judge to execute a "Keep It" Program Agreement with Dell Marketing, LP and to allow the Information Technology Department to accept donated hardware for the Virtual Desktop Infrastructure (VDI) Solution roll out and amend the budget accordingly.



LINE ITEM NUMBER 001-680-00.5712_700

AUDITOR USE ONLY




Jeff McGill COBB N/A

SUMMARY 28BDell Marketing has provided the County with some of the necessary hardware in order to roll out the new VDI Solutions program. VDI utilizes server hardware to run a user’s desktop. Users access their virtual desktop using their existing PC which eliminates the need for new computers or upgrades. Funds for the additional hardware and software needed to roll out this program were approved in the FY17 budget. 29B64B99B134B169B204B239B274B309BAttachments: 30B65B100B135B170B205B240B275B310BDell VDI Solution Quote 727332702 (for value of donated hardware) 31B66B101B136B171B206B241B276B311BDell "Keep It" Program Agreement 32B67B102B137B172B207B242B277B312BBudget Amendment: 33B68B103B138B173B208B243B278B313BIncrease Contributions - .4610 34B69B104B139B174B209B244B279B314BIncrease Computer Equipment_Capital - .5712_700

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of 4 DELL "KEEP IT" PROGRAM AGREEMENT AUG/2015

DELL “KEEP IT” PROGRAM AGREEMENT

GENERAL TERMS

This agreement ("Agreement") between you (“you” or “Customer”), and Dell Marketing L.P. (in the US) or Dell Canada Inc. (in Canada) ("Dell"), governs the provision and your use of the Solutions and is effective upon your acceptance hereof.

SOLUTION. Dell will provide you with hardware, software and/or services (collectively "Solutions") at no charge. The hardware Solutions are yours to keep and title to such hardware (except for the software provided with such hardware) passes from Dell to you upon shipment. Shipping and delivery dates are provided as estimates only.

1. PURPOSE. If you resell Dell products and services in the regular course of your business (“Reseller”), you will use the Solutions only for your product demonstrations, for internal testing or evaluation, or for training your team to sell Dell products and services. If you are a commercial entity (“Commercial Customer”) or a Public Customer (defined below), you will use the Solutions only for evaluation or internal business use (“Purpose”). Dell will have all rights, title and ownership of any feedback you provide about the Solutions.

2. SOFTWARE AND SERVICES. Software provided as part of the Solutions shall be governed by (i) the software license agreements included with the software media packaging or presented to Customer during the installation or use of the Solution, or (ii) for software licensed by Dell, if no license terms accompany the software or are not otherwise made available to Customer, the End User License Agreement –A Version, found at dell.com/aeula (“EULA”). If there are any conflicting terms, this Agreement will control. If the Solutions include services, then such services are governed by supplemental terms and conditions applicable to such service and located at www.dell.com/servicecontracts/US (if you are in the U.S.) and www.dell.com/servicecontracts/global (if you are located in another country).

3. RETURNS. No exchanges or credits are permitted. If you decide to return the Solutions to Dell, you must follow Dell’s return policies and instructions. Title to the hardware Solution will transfer from you to Dell upon Dell’s receipt. CUSTOMER MUST BACKUP ANY DATA OR SOFTWARE AND REMOVE ANY CONFIDENTIAL OR SENSITIVE DATA FROM THE SOLUTIONS PRIOR TO RETURNING THEM TO DELL. UNDER NO CIRCUMSTANCES WILL DELL BE LIABLE FOR LOST DATA OR SOFTWARE, COSTS ASSOCIATED WITH DATA OR SOFTWARE RESTORATION, FOR ANY DISCLOSURE OF CONFIDENTIAL OR SENSITIVE DATA RESIDING ON THE SOLUTIONS OR FOR ANY REQUIREMENTS TO COMPLYWITH SPECIAL RULES OR OTHER REQUIREMENTS THAT MAY APPLY TO CUSTOMER’S DATA ON OR IN THE SOLUTIONS. Customer agrees to indemnify, defend and hold harmless Dell from any and all claims or liability against Dell arising from any third party data that may be on the Solutions.

4. WARRANTY DISCLAIMER. The solutions are provided "as is," with all faults. Dell disclaims any and all warranties and conditions, express, implied or statutory, with respect to the solutions, including without limitation, any warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, title and noninfringement.

5. HIGH RISK APPLICATION DISCLAIMER. Dell has not tested or certified the Solutions for use in high-risk applications in which the failure of the Solutions could lead directly to death, personal injury or severe physical or property damage. Dell makes no assurances that the Solutions are suitable for any high-risk uses.

6. LIMITATION OF LIABILITY. DELL, ITS AFFILIATES AND SUBCONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS; LOSS OF USE; LOSS OR USE OF DATA; OR BUSINESS INTERRUPTION OF ANY KIND. DELL’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS AND DAMAGES

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ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR ANY SOLUTIONS WILL NOT EXCEED $500 USD. THESE LIMITATIONS APPLY WHETHER ARISING UNDER ANY CONTRACT, TORT, WARRANTY OR ANY OTHER THEORY OF LIABILITY, EVEN IF ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

7. INTELLECTUAL PROPERTY RIGHTS. ALL RIGHTS, TITLES AND INTERESTS TO DELL’S INTELLECTUAL PROPERTY, INCLUDING WITHOUT LIMITATION THOSE EMBODIED IN THE SOLUTIONS, REMAIN WITH DELL. CUSTOMER WILL NOT USE THE NAME OF DELL NOR ANY DELL TRADEMARKS, TRADE NAMES, SERVICE MARKS, OR QUOTE THE OPINION OF ANY DELL EMPLOYEE IN ANY ADVERTISING OR OTHERWISE WITHOUT FIRST OBTAINING THE PRIOR WRITTEN CONSENT OF DELL.

8. COMPLIANCE WITH LAWS. You will comply with all laws and regulations applicable to your use of the Solutions in the countries in which you do business, including without limitation any laws relating to taxes, export, sanctions and anti-bribery or competition laws (“Applicable Laws”). You will not, and will not allow, the Solutions to be exported (i) to embargoed countries or (ii) without a license where such license is required by Applicable Laws.

9. CONFIDENTIALITY AND NON-DISCLOSURE. Customer agrees to protect Dell’s confidential information with the same degree of care, but no less than a reasonable degree of care, as Customer uses with respect to its own confidential information. Customer will not disclose the confidential information of Dell without the prior written consent of Dell. "Confidential Information" means any oral, written, graphic or machine-readable information disclosed by Dell that should be reasonably understood to be confidential.

10. TERMINATION. At any time, Dell may terminate its Keep It program, your participation, any services and your license to use any software without notice if there is a shortage of Solutions or for any other reason, including for its own convenience. All terms intended to survive such termination shall survive.

11. GOVERNING LAW. This Agreement, and ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL, including their affiliates, contractors, and agents, and each of their respective employees, directors, and officers (a “Dispute”) will be governed by the laws of the State of Texas (or by U.S. federal laws if you are a Federal End User) (or the laws of the province of Ontario and the federal laws of Canada applicable therein if you are a Canadian user) without regard to conflicts of law. The UN Convention for the International Sale of Goods will not apply.

12. GENERAL. This Agreement (GENERAL TERMS and applicable CUSTOMER SPECIFIC TERMS) constitutes the entire agreement between you and Dell regarding the Solutions. Customer will not transfer or assign this Agreement. Dell and Customer are independent contractors and neither is a legal representative or agent of the other.

Customer Specific Terms apply to you if you are a public customer, channel partner, federal channel partner, or a Canadian public sector customer. If there is a conflict, the Customer Specific Terms will take precedence over the GENERAL TERMS.

CUSTOMER SPECIFIC TERMS

CHANNEL Additional Terms Applicable to Dell Resellers, Distributors, System Integrators, OEM Customers, and

other Channel Partners

A. Clause 1 of the GENERAL TERMS (“SOLUTION”) shall be deleted and replaced by the following:

Dell may provide, directly or indirectly through you, at no charge, the Solutions to end-user customer or potential end-user customer (each, “End User”) for the End User to use solely for

46


evaluation or internal business purpose. The hardware Solutions are for End User to keep and title to such hardware passes to End User upon End User’s receipt of the hardware. Shipping and delivery dates are provided as estimates only. Notwithstanding the foregoing, Dell may request you to return the Solutions to Dell if Dell has reasonable belief that you have breached, or refused to provide information requested by Dell to confirm your compliance with, clause 9 of the GENERAL TERMS, and you shall comply with such request at your sole expense.

B. Solutions may be provided to an End User only if the End User has agreed in writing to the terms of this Agreement for the foregoing purpose, the applicable references to “you” or “Customer” in the Agreement shall mean “End User”. You shall ensure End User complies with this Agreement and all Applicable Laws, and you are responsible for End User’s failure to comply with such terms and Applicable Laws. You shall indemnify and hold Dell harmless against any claims arising out of End User’s noncompliance with the terms or use of the Solutions.

FEDERAL CHANNEL Additional Terms Applicable to Dell Federal Channel Partners

The terms and conditions in this section apply to you if you are a Reseller to any department, agency, division, or office of the United States government (“Federal Reseller”). These additional terms and conditions supplement, amend or revise the GENERAL TERMS as described below. The terms in this section shall take precedence over the GENERAL TERMS. The term “Dell” will mean Dell Marketing L.P. or Dell Federal Systems L.P.

A. Additional Terms Applicable to Dell Channel Partners, clauses A-C.

B. Additional Terms for US Public and Healthcare Customers, clauses A-E. The term “Federal Reseller” shall be substituted for the term “Public Customer” therein.

UNITED STATES Additional Terms for US Public and Healthcare Customers

The Additional Terms for US Public and Healthcare Customers section (“US Public Customer Terms”) below apply to public sector or healthcare customers such as any healthcare provider, department, agency, division or office of the United States government (“Federal End User”), or any department, agency, division, or office of any district, state, county or municipal government within the United States (together with Federal End Users, “Public Customer”) and supplement the GENERAL TERMS. If you are a Federal End User then “Dell” will mean Dell Marketing L.P. or Dell Federal Systems L.P.

A. Any portion of the GENERAL TERMS that is not applicable by law shall not apply to you. US Public Customer Terms shall take precedence over the GENERAL TERMS. Any applicable software EULAs shall control over these terms.

B. You agree to provide Dell with an electronic evaluation form provided by Dell within 90 days of the date you receive the Solutions. If you fail to provide the electronic evaluation within this timeframe, you will return all hardware Solutions to Dell and pay Dell’s then-current commercial price for all software included in the Solutions.

C. The parties agree that the Solutions are intended exclusively for your evaluation and (i) does not constitute a “gift” or “gratuity,” as contemplated under relevant regulations such as 5 C.F.R. Part 2635, Federal Acquisition Regulation (“FAR”) 3.101-2, and FAR Subpart 3.2, and (ii) do not give the appearance of a conflict of interest as described under FAR Subpart 3.11 or other relevant regulations. The consideration for Dell providing the Solutions is your promise to submit the electronic evaluation form. By accepting the Agreement, you acknowledge, affirm and agree that you are authorized to accept the Solutions pursuant to established gift rules applicable to you (as a government employee) and/or your agency.

47


D. Public Customer does not intend to award a contract on the basis of Dell’s provision of the Solutions, nor grant Dell any preferential treatment in any contracts or task or delivery orders currently being performed by Dell, or future procurement actions.

E. Public Customer is responsible for reporting receipt or value of the Solution to any federal or state healthcare program that it participates in to the extent such reporting is required.

F. You confirm that you are a contracting officer or other authorized representative of Public Customer with authority to bind the Public Customer for purposes of accepting the Public Solutions in accordance with the terms and conditions set forth herein.

Canada Additional Terms for Canadian Public Sector Customers

The Additional Terms for Canadian Public Sector Customers (“Canadian Public Customer Terms”) below apply to public sector customers in Canada such as any federal, provincial or municipal government, department, or agency, healthcare provider or education institution (“Canadian Public Customer”) and supplement the GENERAL TERMS.

A. Any portion of the GENERAL TERMS that is not applicable by law shall not apply to you. Canadian Public Customer Terms shall take precedence over the GENERAL TERMS. Any applicable software EULAs shall control over these terms.

B. The parties agree that the Solutions are intended exclusively for your evaluation and: (i) are not provided as a gift or similar gratuity; and (ii) do not give the appearance of a conflict of interest under your applicable procurement rules and regulations.

C. Canadian Public Customer does not intend to award a contract on the basis of Dell’s provision of the Solutions, nor grant Dell any preferential treatment in any contracts or task or delivery orders currently being performed by Dell, or future procurement actions.

D. Public Customer is responsible for reporting receipt or value of the Solution to the extent such reporting is required.

E. You confirm that you are a contracting officer or other authorized representative of Canadian Public Customer with authority to bind the Canadian Public Customer for purposes of accepting the Solutions in accordance with the terms and conditions set forth herein.

ACCEPTED AND AGREED:

<CUSTOMER>

By:

Print Name:

Title:

Date:

48

QUOTATIONQuote #: 727332702Customer #: 7277376Contract #: CustomerAgreement #: Quote Date: 04/12/2016

Date: 4/12/2016 Customer Name: HAYS CO

Thanks for choosing Dell! Your quote is detailed below; please review the quote for product and informational accuracy. If you find errors or desire certain changes please contact your sales professional as soon as possible.

Sales Professional Information SALES REP: MICHAEL A HAMILTON PHONE: 1800 - 4563355Email Address: [email protected] Phone Ext: 5138843

GROUP: 1 QUANTITY: 1 SYSTEM PRICE: $13,170.01 GROUP TOTAL: $13,170.01Description Quantity

PowerEdge FX2 (210-ABUX) 1PowerEdge FX2 Chassis for up to 4 Half-Width Nodes (321-BBFM) 1Dell Hardware Limited Warranty Plus On Site Service Initial Year (973-9866) 1Dell Hardware Limited Warranty Plus On Site Service Extended Year (973-9867) 1ProSupport: Next Business Day Onsite Service After Problem Diagnosis, Initial Year (973-9884) 1ProSupport: Next Business Day Onsite Service After Problem Diagnosis, 2 Year Extended (973-9885) 1ProSupport: 7x24 HW / SW Tech Support and Assistance, 3 Year (973-9906) 1Thank you choosing Dell ProSupport. For tech support, visit http://www.dell.com/support or call 1-800- 945-335 (989-3439) 1Dell Proactive Systems Management - Declined - www.dell.com/Proactive (909-0259) 1US Order (332-1286) 1ProDeploy Plus Dell Server FX2 Converged - Deployment (804-6780) 1ProDeploy Plus Dell Server FX2 Converged - Deployment Verification (804-6781) 1ProDeploy Plus Training Credits 800 Redeem at www.LearnDell.com Expires 1Yr from Order Date (805-2413) 1Declined Remote Consulting Service (973-2426) 1FX2 Half-Width Node Filler Blank (321-BBFT) 2PowerEdge FX2 Shipping (340-AGKB) 1PowerEdge FX2 10Gbe Pass Through Module, Internal 8 ports to External 8 ports (542-BBBS) 1PowerEdge FX2 10Gbe Pass Through Module, Internal 8 ports to External 8 ports (542-BBBS) 1FX2S Chassis Configuration Label (321-BBFZ) 1PowerEdge FX2S Chassis Configuration with Flexible IO (up to 8 PCIe Slots) (321-BBGH) 1SD Storage for Chassis Management Controller (403-BBEQ) 1CMC Enterprise for FX2 (634-0287) 1USER Guide, FX2 Chassis (343-BBBW) 1FX2 ReadyRails Sliding Rails (770-BBER) 1Power Supply, Redundancy Alerting Enabled Configuration (450-ADTZ) 1

Page 1 of 4Quote Summary_727332702

9/21/2016file:///C:/Users/vickie.dorsett/AppData/Local/Microsoft/Windows/Temporary%20Internet...

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Dual, Hot-plug, Power Supply, 2000W, C19/C20 Power Cord Required (450-AENU) 1Power Cord, C20 to C19, PDU Style, 16A, 250V, 2ft (0.6m) (492-BBEI) 2No Media Required (421-5736) 1

GROUP: 2 QUANTITY: 2 SYSTEM PRICE: $16,406.01 GROUP TOTAL: $32,812.02Description Quantity

PowerEdge FC630 Server Node (210-ACWK) 2PowerEdge FC630 Motherboard (329-BCCP) 2PowerEdge FC630 Regulatory Label, DAO (389-BESB) 2Thank you choosing Dell ProSupport. For tech support, visit http://www.dell.com/support or call 1-800- 945-335 (989-3439) 2ProSupport: Next Business Day Onsite Service After Problem Diagnosis, 3 Year (997-0087) 2ProSupport: 7x24 HW / SW Tech Support and Assistance, 3 Year (997-0096) 2Dell Hardware Limited Warranty Plus On Site Service (997-0181) 2Dell Proactive Systems Management - Declined - www.dell.com/Proactive (909-0259) 2US Order (332-1286) 2ProDeploy Plus Training Credits 300 Redeem at www.LearnDell.com Expires 1Yr from Order Date (804-2129) 2ProDeploy Plus Dell Server M or F Series 3XX/4XX/5XX/6XX - Deployment (804-6758) 2ProDeploy Plus Dell Server M or F Series 3XX/4XX/5XX/6XX - Deployment Verification (804-6760) 2Declined Remote Consulting Service (973-2426) 2DSS7500 Consolidiated Shipping (750-AADI) 2PowerEdge FC PCIE Mezzanine Adapter (492-BBQT) 2Intel X710 Dual Port, 10Gb KR Blade Network Daughter Card (555-BCKQ) 2iDRAC8 Enterprise, integrated Dell Remote Access Controller, Enterprise (385-BBHO) 22.5" Backplane with up to 2 Hard Drives and PERC RAID Controller (406-BBFE) 2Standard Cooling,FC630 (384-BBDS) 2Performance BIOS Settings (384-BBBL) 2RAID 1 for H330/H730/H730P (2 HDDs, SAS/SATA/SSD) (780-BBKM) 2H730 Controller (405-AAEU) 2Intel Xeon E5-2670 v3 2.3GHz,30M Cache,9.60GT/s QPI,Turbo,HT,12C/24T (120W) Max Mem 2133MHz (338-BFFI) 2Upgrade to Two Intel Xeon E5-2670 v3 2.3GHz,30M Cache,9.60GT/s QPI,Turbo,HT,12C/24T (120W) (374-BBGP) 232GB RDIMM, 2133 MT/s, Dual Rank, x4 Data Width (370-ABVW) 82133MT/s RDIMMs (370-ABUF) 2Performance Optimized (370-AAIP) 2300GB 15K RPM SAS 12Gbps 2.5in Hot-plug Hard Drive (400-AJRB) 4No Systems Documentation, No OpenManage DVD Kit (631-AACK) 2No Internal SD Module (330-BBCY) 2No Operating System (420-6320) 2No Operating System Media Kit (420-1908) 2DIMM Blanks for System with 2 Processors (374-BBHL) 268MM Heatsink for PowerEdge FC630 Processor 1 (412-AAEJ) 268MM Heatsink for PowerEdge FC630 Processor 2 (412-AAEK) 268MM Processor Heatsink Shroud for PowerEdge FC630 (750-AAFG) 2



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*Total Purchase Price: $45,982.03Product Subtotal: $45,982.03Tax: $0.00Shipping & Handling: $0.00State Environmental Fee: $0.00Shipping Method: LTL 5 DAY OR LESS

(* Amount denoted in $)

Order this quote easily online through your Premier page, or if you do not have Premier, using Quote to Order

Statement of ConditionsThe information in this document is believed to be accurate. However, Dell assumes no responsibility for inaccuracies, errors, or omissions, and shall not be liable for direct, indirect, special, incidental, or consequential damages resulting from any such error or omission. Dell is not responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors. Dell may make changes to this proposal including changes or updates to the products and services described, including pricing, without notice or obligation. Terms of Sale

This quote is valid for 30 days unless otherwise stated. Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by the following agreements, each of which are incorporated herein by reference and available in hardcopy from Dell at your request:

If this purchase is for your internal use only: Dell's Commercial Terms of Sale (www.dell.com/CTS), which incorporate Dell's U.S. Return Policy (www.dell.com/returnpolicy) and Warranty (www.dell.com/warrantyterms).

If this purchase is intended for resale: Dell's Reseller Terms of Sale (www.dell.com/resellerterms).

If this purchase includes services: in addition to the foregoing applicable terms, Dell's Service Terms (www.dell.com/servicecontracts/global).

If this purchase includes software: in addition to the foregoing applicable terms, your use of the software is subject to the license terms accompanying the software, and in the absence of such terms, then use of the Dell-branded application software is subject to the Dell End User License Agreement - Type A (www.dell.com/AEULA) and use of the Dell-branded system software is subject to the Dell End User License Agreement - Type S (www.dell.com/SEULA).

You acknowledge having read and agree to be bound by the foregoing applicable terms in their entirety. Any terms and conditions set forth in your purchase order or any other correspondence that are in addition to, inconsistent or in conflict with, the foregoing applicable online terms will be of no force or effect unless specifically agreed to in a writing signed by Dell that expressly references such terms. Additional Terms for Public Customers

If you are a department, agency, division, or office of any district, state, county or municipal government within the United States ("Public Customer"), the following terms ("Public Customer Terms") apply in addition to the foregoing terms: A. If any portion of the foregoing terms and conditions (or any terms referenced therein) is prohibited by law, such portion shall not apply to you. Notwithstanding anything to the contrary, the End User License Agreements shall take precedence in all conflicts relevant to your use of any software. B. By placing your order, you confirm that (1) you are a contracting officer or other authorized representative of Public Customer with authority to bind the Public Customer to these terms and conditions, and (2) you have read and agree to be bound by these terms and conditions. Pricing, Taxes, and Additional Information

All product, pricing, and other information is valid for U.S. customers and U.S. addresses only, and is based on the latest information available and may be subject to change. Dell reserves the right to cancel quotes and orders arising from pricing or other errors. Sales tax on products shipped is based on your "Ship To" address, and for software downloads is based on your "Bill To" address. Please indicate any tax-exempt status on your PO, and fax your exemption certificate, including your Customer Number, to the Dell Tax Department at 800-433-9023 . Please ensure that your tax-exemption certificate reflects



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the correct Dell entity name: Dell Marketing L.P. Note: All tax quoted above is an estimate; final taxes will be listed on the invoice. If you have any questions regarding tax please send an e-mail to [email protected] certain products shipped to end-users in California, a State Environmental Fee will be applied to your invoice. Dell encourages customers to dispose of electronic equipment properly. All information supplied to HAYS CO for the purpose of this proposal is to be considered confidential information belonging to Dell. About DellDell Inc. listens to customers and delivers innovative technology and services they trust and value. Uniquely enabled by its direct business model, Dell is a leading global systems and services company and No. 34 on the Fortune 500. For more information, visit www.dell.com. Privacy PolicyDell respects your privacy. Across our business, around the world, Dell will collect, store, and use customer information only to support and enhance our relationship with your organization, for example, to process your purchase, provide service and support, and share product, service, and company news and offerings with you. Dell does not sell your personal information. For a complete statement of our Global Privacy Policy, please visit dell.com/privacy.



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AGENDA ITEM

Ratify the County Judge's authorization to execute a renewal agreement with SHI Government Solutions for the County Wide Microsoft Licensing Agreement.


CONSENT September 27, 2016 $130,000 budgeted


AUDITOR USE ONLY

AUDITOR COMMENTS:




SUMMARY 27BThe County's 3 year agreement with SHI for volume licensing is up for renewal. The Microsoft Enterprise Agreement (EA) covers all of our Microsoft Software Products and Licenses. This includes all CALs (Client Access License) for Desktop Operating Systems, Office Products, and our Data Center Servers. With the EA Software Assurance, we can upgrade and stay current with all of the Microsoft Products throughout the county. 28B60B92B124B156B188B220B252B284BOur current License agreement expires on 9/30 and SHI requires the new agreement to be in place prior to this date to ensure there is no gap in service. Funds have been budgeted in FY17 for this annual renewal contract. 29B61B93B125B157B189B221B253B285BAttachments: 30B62B94B126B158B190B222B254B286BSHI Microsoft Volume Licensing Enterprise Enrollment 31B63B95B127B159B191B223B255B287BSHI Microsoft Volume Licensing Program Signature Form

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EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 1 of 10 Document X20-12057

Enterprise Enrollment State and Local

Enterprise Enrollment number (Microsoft to complete) 77454682 Framework ID

(if applicable)

Previous Enrollment number (Reseller to complete) 5912120

This Enrollment must be attached to a signature form to be valid.

This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form.

This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) any supplemental contact information form or Previous Agreement/Enrollment form that may be required, (5) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement.

All terms used but not defined are located at http://www.microsoft.com/licensing/contracts. In the event of any conflict the terms of this Agreement control.

Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to “anniversary date” refers to the anniversary of the effective date each year this Enrollment is in effect.

Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. If the Enrollment is renewed, the renewal term will expire 36 full calendar months after the effective date of the renewal term. Any reference in this Enrollment to "day" will be a calendar day.

Terms and Conditions

1. Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment:

“Additional Product” means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment.

“Community” means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer’s regulatory requirements. Membership in the Community is ultimately at Microsoft’s discretion, which may vary by Government Community Cloud Service.

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“Enterprise Online Service” means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted.

“Enterprise Product” means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this program.

“Expiration Date” means the date upon which the Enrollment expires.

“Federal Agency” means a bureau, office, agency, department or other entity of the United States Government.

“Government” means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity.

“Government Community Cloud Services” means Microsoft Online Services that are provisioned in Microsoft’s multi-tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms.

“Industry Device” (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task-specific software program (e.g. a computer-aided design program used by an architect or a point of sale program) (“Industry Program”). The device may include features and functions derived from Microsoft software or third-party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality.

“Managed Device” means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms.

“Qualified Device” means any device that is used by or for the benefit of Enrolled Affiliate’s Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure (“VDI”). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate’s Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected.

“Qualified User” means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms.

“Reseller” means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement;

“Reserved License” means for an Online Service identified as eligible for true-ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation.

"State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district,

55


or other similar type of governmental instrumentality established by the laws of Customer’s state and located within Customer’s state’s jurisdiction and geographic boundaries.

“Tribal Entity” means a federally-recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe.

“Use Rights” means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a Product. The Use Rights for Software are published by Microsoft in the Product Terms. The Use Rights for Online Services are published in the Online Services Terms.

“Volume Licensing Site” means http://www.microsoft.com/licensing/contracts or a successor site.

2. Order requirements. a. Minimum Order requirements. Enrolled Affiliate’s Enterprise must have a minimum of 250

Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services.

(i) Enterprise Commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License).

(ii) Enterprise Online Services only. If no Enterprise Product is ordered, , then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services.

b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products and Services.

c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate’s use of that Product during that term.

d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders.

e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term “price” refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft.

f. Adding Products.(i) Adding new Products not previously ordered. New Enterprise Products or Enterprise

Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use.

(ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true-up order. Additional Licenses for Online Services must be ordered

56


prior to use, unless the Online Services are (1) identified as eligible for true-up in the Product Terms or (2) included as part of other Licenses.

g. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true-up order.

(i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the time the true-up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services.

(ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true-up order, or the prior anniversary date and submit a true-up order that accounts for any increase.

(iii) Online Services. For Online Services identified as eligible for true-up in the Product Terms, Enrolled Affiliate may reserve the additional Licenses prior to use and payment may be deferred until the next true-up order. Microsoft will provide a report of Reserved Licenses in excess of existing orders to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retroactively to the month in which they were reserved.

(iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows:

1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user-based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true-up orders. Step-up Licenses do not count towards this total count.

2) For Enterprise Online Services that are not a part of an Enterprise-wide purchase, Licenses can be reduced as long as the initial order minimum requirements are maintained.

3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate’s use of the applicable Subscription License will be cancelled.

Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up order Enrollment anniversary date and effective as of such date.

(v) Update statement. An update statement must be submitted instead of a true-up order if, since the initial order or last true-up order, Enrolled Affiliate’s Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate’s authorized representative.

(vi) True-up order period. The true-up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third-year true-up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate may submit true-up orders more often to account for increases in Product usage, but an annual true-up order or update statement must still be submitted during the annual order period.

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(vii) Late true-up order. If the true-up order or update statement is not received when due:

1) Microsoft will invoice Reseller for all Reserved Licenses not previously ordered and

2) Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable).

h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows:

(i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true-up process.

(ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled “Adding new Products not previously ordered,” then for additional step-up Licenses, by following the true-up order process.

i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered.

j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise Agreement.

3. Pricing. a. Price Levels. For both the initial and any renewal term Enrolled Affiliate’s Price Level for all

Products ordered under this Enrollment will be Level “D” throughout the term of the Enrollment.

b. Setting Prices. Enrolled Affiliate’s prices for each Product or Service will be established by its Reseller. As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft’s prices for Resellers for each Product or Service will be fixed throughout the applicable initial or renewal Enrollment term. Price levels and Microsoft’s prices to Resellers are reestablished at the beginning of the renewal term. However, if Enrolled Affiliate qualifies for a different price level during the applicable initial or renewal term, Microsoft may at its discretion establish a new price level for future new orders either upon Enrolled Affiliate’s request or on its own initiative. Any changes will be based upon price level rules in the Product Selection Form.

4. Payment terms. For the initial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment term. If an upfront payment is elected, Microsoft will invoice Enrolled Affiliate’s Reseller in full upon acceptance of this Enrollment. If spread payments are elected, unless indicated otherwise, Microsoft will invoice Enrolled Affiliate’s Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft’s acceptance of this Enrollment and on each Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses.

5. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses

for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment.

b. Renewal Option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing the Enrollment for one additional 36 full calendar month term or signing

58


a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. The renewal term will start on the day following the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal.

c. If Enrolled Affiliate elects not to renew.(i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any

Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance.

(ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term.

1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month-to-month (“Extended Term”) is available. During the Extended Term, Online Services will be invoiced monthly at the then-current published price for Enrolled Affiliate’s price level as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate does want an Extended Term, Reseller must submit a request to Microsoft. Microsoft must receive the request not less than 30 days prior to the Expiration Date.

2) Cancellation during Extended Term. If Enrolled Affiliate has opted for the Extended Term and later determines not to continue with the Extended Term, Reseller must submit a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received the notice.

(iii) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate’s Enterprise must discontinue use. Microsoft may request written certification to verify compliance.

d. Termination for cause. Any termination for cause of this Enrollment will be subject to the “Termination for cause” section of the Agreement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community.

e. Early termination. Any Early termination of this Enrollment will be subject to the “Early Termination” Section of the Enterprise Agreement.

For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination.

6. Government Community Cloud. a. Community requirements. If Enrolled Affiliate purchases Government Community

Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non-Community members is strictly prohibited and could result in termination of Enrolled Affiliate’s license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community

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members may use Government Community Cloud Services.

b. All terms and conditions applicable to non-Government Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment.

c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-Government Community Cloud Services in the same domain.

d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights:

(i) Government Community Cloud Services will be offered only within the United States.

(ii) Additional European Terms, as set forth in the Use Rights, will not apply.

(iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States.

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Enrollment Details

1. Enrolled Affiliate’s Enterprise. a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate’s

Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates:

Enrolled Affiliate only

Enrolled Affiliate and all Affiliates

Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise):

Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded:

b. Please indicate whether the Enrolled Affiliate’s Enterprise will include all new Affiliates acquired after the start of this Enrollment: Exclude future Affiliates

2. Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https://www.microsoft.com/licensing/servicecenter.

a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate’s Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes

Name of entity (must be legal entity name)* Hays County Contact name* First Jeff Last McGillContact email address* [email protected] Street address* 111 E San Antonio St City* San Marcos State/Province* TX Postal code* 78666-5534- (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx)Country* United StatesPhone* 512-393-7779 Tax ID* indicates required fields

b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized for applicable Online Services to add or reassign Licenses and step-up prior to a true-up order.

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Same as primary contact (default if no information is provided below, even if the box is not checked).

Contact name* First Jeff Last McGillContact email address* [email protected] Street address* 111 E San Antonio St City* San Marcos State/Province* TXPostal code* 78666-5534 - (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx)Country* United States Phone* 512-393-7779 Language preference. Choose the language for notices. English

This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. * indicates required fields

c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior to a true-up order.

Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked)

Contact name*: First Jeff Last McGillContact email address* [email protected] Phone* 512-393-7779

This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. * indicates required fields

d. Reseller information. Reseller contact for this Enrollment is:

Reseller company name* SHI International Corp.Street address (PO boxes will not be accepted)* 290 Davidson Ave. City* Somerset State/Province* NJPostal code* 08873Country* United StatesContact name* Andrew MorsePhone* 888-764-8888Contact email address* [email protected] * indicates required fields

By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct.

Signature* Printed name* Printed title* Date*

* indicates required fields

Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the

62


other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect.

e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default.

(i) Additional notices contact (ii) Software Assurance manager (iii) Subscriptions manager (iv) Customer Support Manager (CSM) contact

3. Financing elections. Is a purchase under this Enrollment being financed through MS Financing? Yes, No.

If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft.

63

ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Aug2014) Page 1 of 2

Program Signature Form

MBA/MBSA number

Agreement number 01E73535

Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new.

For the purposes of this form, “Customer” can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement.

This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below.

Contract Document Number or Code

Enterprise Enrollment (Indirect) X20-12057 Product Selection Form 0517638.003_PSF

By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents.

Customer

Name of Entity (must be legal entity name)* Hays County

Signature*

Printed First and Last Name*

Printed Title

Signature Date*

Tax ID

* indicates required field

Microsoft Affiliate

Microsoft Corporation

Signature

Printed First and Last Name

Printed Title

Signature Date (date Microsoft Affiliate countersigns)

Agreement Effective Date (may be different than Microsoft’s signature date)

Bert Cobb, M.D.Hays County Judge

9-22-16

64

ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Aug2014) Page 2 of 2

Optional 2nd Customer signature or Outsourcer signature (if applicable)

Customer

Name of Entity (must be legal entity name)*

Signature*


Printed Title

Signature Date*


Outsourcer

Name of Entity (must be legal entity name)*

Signature*


Printed Title

Signature Date*


If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form.

After this signature form is signed by the Customer, send it and the Contract Documents to Customer’s channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy.

Microsoft Corporation Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Reno, Nevada 89511-1137 USA

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AGENDA ITEM

Authorize the Information Technology Department to distribute Microsoft Tablets, Accessories and Software to various departments and amend the budget accordingly.



LINE ITEM NUMBER various

AUDITOR USE ONLY AUDITOR COMMENTS:




SUMMARY 26BDuring the FY16 budget the District Attorney's office was approved to replace 17 laptops with Microsoft Tablets. These tablets were unable to interface with courtroom equipment needed during jury trials. Due to this interface issue, the tablets were unusable for the DA Prosecutors. The IT and DA staff have tried various solutions to resolve these issues, but these have remained unusable for the DA staff.

27B68B109B150B191B232B273B314B355BThe replacement equipment needed for the DA has been budgeted in the FY17 budget. The tablets purchased this year will be distributed to various departments that would have had replacements in the FY17 budget; however, those were removed from the budget prior to adoption so that the equipment in stock could be redistributed.

28B69B110B151B192B233B274B315B356BTablets will be distributed to the following departments: 29B70B111B152B193B234B275B316B357B1- Commissioner Pct. 1 30B71B112B153B194B235B276B317B358B1- Commissioner Pct. 231B72B113B154B195B236B277B318B359B2-County Clerk 32B73B114B155B196B237B278B319B360B7-Development Services 33B74B115B156B197B238B279B320B361B1-Grants 34B75B116B157B198B239B280B321B362B1-General Counsel 35B76B117B158B199B240B281B322B363B1-Personal Health 36B77B118B159B200B241B282B323B364B1-District Court

37B78B119B160B201B242B283B324B365B15-To be distributed 38B79B120B161B202B243B284B325B366B1-Auditor (was already approved in Court on 5-17-16)

39B80B121B162B203B244B285B326B367B16-Total distributed 40B81B122B163B204B245B286B327B368B1-will remain in IT stock for a loaner to be used county wide as needed

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AGENDA ITEM

Authorize the District Attorney's Office to utilize Hot Check Fee funds to implement a salary supplemental for the Administrative Assistant I, slot 019 effective 10/1/16 and amend the budget accordingly.



LINE ITEM NUMBER 080-607-00]

AUDITOR USE ONLY




Wes Mau COBB N/A

SUMMARY 28B61B94B127B160B193B226B259B292BThis position has the same responsibilities as the Admin II Hot Check Coordinator. In addition to assisting the public, fielding phone calls, sorting incoming mail, etc., this position also processes bad checks received by merchants for prosecution, prepares necessary legal paperwork, collects fees and assists with restitution payments. The DA has special revenue funds that may be used for this increase. 29B62B95B128B161B194B227B260B293BBudget Amendment: 30B63B96B129B162B195B228B261B294BIncrease - $4,793 salary 31B64B97B130B163B196B229B262B295BIncrease - $ 950 fringe 32B65B98B131B164B197B230B263B296BDecrease - $5,743 misc

67




AGENDA ITEM

Authorize the Sheriff's Office to accept additional grant funding from the United States Secret Service for two PT300 GPS Tracking Devices and amend the budget accordingly.


CONSENT September 27, 2016 $1,600.00

LINE ITEM NUMBER 001-618-99-077.5717_400

AUDITOR USE ONLY




Gary Cutler COBB N/A

SUMMARY 28BThe Sheriff’s Office has received approval from the US Secret Service to purchase 2 Battery Powered GPS Tracking Devices for the Central Texas Financial Crime Task Force to be utilized during criminal investigations. These devices are utilized to assist in criminal investigations and provide technical surveillance to track and find information related to the investigation. No additional matching county funds required. 29B61B93B125B157B189B221B253B285BBudget Amendment: 30B62B94B126B158B190B222B254B286BIncrease Intergovernmental Revenue .4301 31B63B95B127B159B191B223B255B287BIncrease Le Equipment .5717_400

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AGENDA ITEM

Authorize County Court at Law, Veteran's Court Program to add a telephone allowance effective September 1, 2016 for the Veteran's Court Administrator, slot 0447-001 and amend the budget accordingly.


CONSENT September 27, 2016 $35

LINE ITEM NUMBER

AUDITOR USE ONLY




Judge David Glicker COBB N/A

SUMMARY 27BA stipend has been requested and approved by the granting agency (Office of the Governor, Criminal Justice Division) for this position. This position travels throughout the County and working with veterans in various programs. It is imperative that she is available to county staff, veterans as well as members of the community in order to remain productive and perform duties effectively. 28B59B90B121B152B183B214B245B276BBudget Amendment 29B60B91B122B153B184B215B246B277BDecrease Telephone Expense- .5489 30B61B92B123B154B185B216B247B278BIncrease Telephone Allowance - .5194

69




AGENDA ITEM

SUB-431 Rolling Hills Estates Section 1, Replat of Lot 1, Block 1 (2 lots). Discussion and possible action to consider granting a variance to Table 10-1 of the Hays County Rules for On-Site Sewage Facilities.


ACTION-SUBDIVISIONS September 27, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Caitlyn Hairell JONES N/A

SUMMARY 25B53B81B109B137B165B193B221B249BThe Rolling Hills Subdivision is located off of FM 2001 in precinct 2. The proposed plat will divide Lot 1, Block 1 parcel into two lots - 0..87 acres and 1.0 acres. Water service will be provided by Monarch Water and wastewater service will be accomplished by advanced OSSFs. 26B54B82B110B138B166B194B222B250BThe Hays County minimum lot size for a lot served by a public groundwater supply system and advanced OSSF is 1.0 acre. When the applicant originally approached the County regarding the division of the lot, Monarch was considered a surface water supplier and the minimum lot size was 0.50 acres. The owner's justification for the variance is based on the fact that the requirements changed before the plat was submitted for review. Additionally, the new minimum lot size requirement will deny the owner the privileges enjoyed by neighboring properties as there are a number of lots in this subdivision which are as small as 0.27 acres. 27B55B83B111B139B167B195B223B251BThis plat has been reviewed under the County's 1445 agreement with the City of Kyle. The interlocal agreement is written to prohibit the City from granting a variance from the County's regulations without prior consent from the County. This action will allow the plat to move forward with City's process for final approval.

70

NOT TO SCALELOCATION MAP

SURVEYOR'S NOTES

71




AGENDA ITEM

SUB-390 Twin Mountains Estates 2, Amended plat of lot 17A and 14A (2 lots). Discussion and possible action to consider granting a variance to Table 10-1 of the Hays County Rules for On-Site Sewage Facilities.


ACTION-SUBDIVISIONS September 27, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Caitlyn Hairell JONES N/A

SUMMARY 25B53B81B109B137B165B193B221B249BThe Twin Mountains Estates Subdivision is located off of Cypress Creek Lane in precinct 3. The proposed plat will amend lots 14-17 into two lots - 14A will be 1.25 acres and 17A will be 13.19 acres. Water service will be provided by Wimberley Water supply and private wells. Wastewater service will be accomplished by OSSFs. 26B54B82B110B138B166B194B222B250BThe Hays County minimum lot size for a lot served by a public groundwater supply system and advanced OSSF is 1.5 acres. Lot 14A has been in the 1.25 acre configuration since 1990. This amended plat will bring the lot that was separated by metes and bounds into current county compliance. 27B55B83B111B139B167B195B223B251BThis plat has been reviewed under the County's 1445 agreement with the City of Woodcreek. The interlocal agreement is written to prohibit the City from granting a variance from the County's regulations without prior consent from the County. This action will allow the plat to move forward with City's process for final approval.

77




AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute a Collective Bargaining Agreement between Hays County and the Hays County Law Enforcement Agency (HCLEA), the Hays County Sheriff's Office, and all Hays County Constables. The Court may enter executive session to consult with counsel on this item.


ACTION-MISCELLANEOUS September 27, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Cobb COBB N/A

SUMMARY 25B51B77B103B129B155B181B207B233BSee attached redlined Contract.

87

AN AGREEMENT BETWEEN THE

COUNTY OF HAYS, TEXAS

AND

THE HAYS COUNTY LAW ENFORCEMENT ASSOCIATION

October 1, 2016 to

September 30, 2020

88

TABLE OF CONTENTS ARTICLE PROVISION PAGE NUMBER

1 Identification of the Parties 2 2 Purpose, Intent, and Definitions 2 3 Recognition Clause 5 4 Authority and Term 5 5 Relationship of CBA to Laws, Rules and Policies 5 6 Management Rights and Maintenance of Standards 6 7 Dues Deduction 6 8 Wages and Pays 7 9 Shift Schedules 14 10 Overtime Pay 14 11 Holidays and Holiday Pay 15 12 Leave Provisions 16 13 Paid Time; Association Activity 16 14 Association Bulletin Boards 18 15 Insurance Benefits 19 16 Retirement Benefits 19 17 Labor Relations Committee 19 18 Merit Review Committee 20 19 Office of Professional Responsibility and Disciplinary Policy 21 20 Lateral Entry 21 21 Contract Interpretation and Dispute Resolution Procedure 22 22 Savings Clause 25 23 Miscellaneous Provisions 26 Signature and Execution Page 28

Exhibit A Pay Plan -- Exhibit B Roster of Members of Bargaining Unit -- Exhibit C Employees’ Bill of Rights -- Exhibit D Sheriff’s Existing Policies -- Exhibit E Methodology for Updated Pay Plan --

Appendix A Dues Deduction Authorization Form -- Appendix B Termination of Dues Deduction Form -- Appendix C Grievance Forms --

89

ARTICLE 1 IDENTIFICATION OF THE PARTIES

Section 1. The parties to this Agreement are HAYS COUNTY, TEXAS, and the

HAYS COUNTY LAW ENFORCEMENT ASSOCIATION (“HCLEA”).

Section 2. HAYS COUNTY, TEXAS (“COUNTY”), is a unit of local government organized under the Constitution and Laws of the State of Texas. It holds all those powers, privileges, duties, and obligations authorized under the Constitution and the Laws of the State of Texas.

Section 3. HCLEA is an Association qualifying under Chapter 174, Texas Local Government Code (“TLGC”).

Section 4. References to the COUNTY and the HCLEA jointly shall be to the “PARTIES.”

ARTICLE 2

PURPOSE, INTENT, AND DEFINITIONS

Section 1. The purpose of this Agreement is to give effect to the collective bargaining rights and obligations provided under Chapter 174, TLGC.

Section 2. Definitions and Use of Terms. The language used in this Agreement shall have the usual and customary meaning attributed to it by common English usage; provided, however, that the terms defined below or otherwise defined in this Agreement shall prevail.

For purposes of this Agreement, the following definitions shall apply:

“Anniversary Date” refers the date on which an Employee’s accrual of Years of Service

rolls over to the next whole number of years, with consideration of that Employee’s last hire date with Hays County and adding any additional time that accrues to the Employee by way of i) Exhibit B, and/or ii) previous service within the Employee’s Career Track that qualifies under the definition of “Years of Service.”

“Agreement” refers to this Collective Bargaining Agreement, also referred to as the

Agreement, negotiated between Hays County and the HCLEA;

“Bargaining Agent” refers to duly recognized HCLEA that serves as the exclusive bargaining agent for the Hays County law enforcement officers under Chapter 174, TLGC;

“Bargaining Unit” means all full-time law enforcement officers, corrections officers, and deputy constables employed by Hays County, except the following: 1) the Sheriff or a Constable, as defined by Chapter 174, TLGC, 2) officers employed as bailiffs for the District Courts and the County Courts-at-Law, 3) juvenile corrections officers, 4) animal control officers, other than the animal control supervisor who, because of additional law enforcement responsibilities, shall be

90

recognized as a member of the Bargaining Unit, and 5) all other relevant judicial interpretations of the Chapter 174.

“Budget Year” or “Fiscal Year” refers to a County’s fiscal year commencing on October 1 and ending on September 30 of the subsequent year.

“Business Days” shall be defined as Monday through Friday during normal business hours of 8:00 o’clock a.m. to 5:00 o’clock p.m.

“Calendar Year” refers to a year beginning on January 1 and ending on December 31 of that year.

“Career Track” refers to a specific field of law enforcement that has a distinct Merit-

Based Step plan from other fields of law enforcement. This Agreement features three (3) Career Tracks: (i) Corrections, (ii) Deputy Sheriff, and (iii) Deputy Constable.

“CBA” refers to a Collective Bargaining Agreement and, when specified, to this Agreement;

“Chapter 174” refers to the provisions of Chapter 174, Texas Local Government Code in effect at any given time, unless otherwise specified;

“Constable or Constables” refers to the elected official who serves as an elected Constable in Hays County in a duly created precinct, as constituted. References to the Constable or the Constable’s Office in this Agreement include the Constable’s designated management representatives.

“Constable’s Office” refers to the elected Constable and all personnel under the control and administration department of the Hays County responsible for the provision of law enforcement and any other public safety function entrusted to the Constable’s Office by the Constitution and laws of the State of Texas.

“County” refers to the unit of government organized under the Constitution and Laws of the State of Texas known as Hays County, Texas;

“Commissioners Court” refers to the body of elected officials who serve as the governing body for Hays County, Texas in accordance with the Texas Constitution and Laws of the State of Texas;

“County Management” refers to the administrative chain of authority within the County’s administrative structure within a Constable’s Office, the Sheriff’s Office, as well as within the County Judge’s Office and the County Commissioners Court.

“County Personnel Policy or Policies” refers to the Hays County Personnel Manual.

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“Employee” unless otherwise specified, shall refer to Deputy Constable and all personnel who qualify as members of the Bargaining Unit (under this contract, Chapter 174, TLGC, and relevant judicial interpretations of this statute).

“Effective Date” refers to the date on which the terms and conditions of this Agreement are formally adopted and approved by both the HCLEA and Hays County, Texas.

“FLSA” refers to the Fair Labor Standards Act, as amended.

“Grievance” for purposes of this Agreement is defined as any dispute, claim or complaint involving the interpretation, application or alleged violation of a provision or provisions of this Agreement.

“Holiday” refers only to County recognized holidays, such holiday to begin at 12 o’clock a.m. and end at 11:59 p.m. on the specified day.

“Member” refers to employees as defined herein and those who qualify as law

enforcement officers for purposes of Chapter 174, TLGC and relevant judicial interpretations of the statute. See also Employee.

“Merit-Based Step” or “MBS” refers to the incremental increases in the Pay Plan for

which an Employee becomes eligible annually, subject to a positive review by the Sheriff or Constable, as appropriate.

“Merit Review Committee” refers to the committee created by operation of Article 18 of

this Agreement. “Officer” refers to the definition of “Police Officer” in Section 174.003(3) of the TLGC

and Deputy Constable meaning a paid employee who is sworn, certified, and full time, and who regularly serves in a professional law enforcement capacity in the Hays County Sheriff’s Office and Constable’s Offices. The term does not include the Sheriff, Constables or civilian employees of the Hays County Sheriff’s Office and Constable’s Offices.

“Paid Time Off” refers to any time period for which an employee is entitled to receive pay without actually being engaged in productive work time.

“Parties” refers to Hays County and the HCLEA jointly.

“Pay Cycle” refers to the period of time in which the employer issues pay checks for services rendered and for purposes of calculating the employer’s overtime pay obligations to individual employees under state or federal law.

“Sheriff” refers to the elected official who serves as the chief law enforcement authority in Hays County. References to the Sheriff or the Sheriff’s Office in this Agreement include the Sheriff’s designated management representatives.

92

“Sheriff’s Office” refers to the County Sheriff and all personnel under the control and administration department of the Hays County responsible for the provision of law enforcement, crime prevention, incarceration and detention functions, and any other public safety function entrusted to the Sheriff’s Office by the Constitution and laws of the State of Texas.

“Years of Service” or “YOS” refers to the greater of: 1) the total number of years an

individual Bargaining Unit member has been employed within his/her particular Career Track, extending from that Employee’s most recent date of hire with Hays County within that Career Track and, as long as the Employee did not have a break in employment with Hays County that exceeds one year, added to any time the Employee previously worked for Hays County within that same Career Track, or 2) the Years of Service credited to Employees in Exhibit B. For the purposes of the Pay Plan only, the Years of Service of a particular Employee may be Frozen for any one year period to reflect disapproval of an MBS increase by the Sheriff or the Constable.

ARTICLE 3

RECOGNITION CLAUSE

Section 1. As of the Effective Date of this Agreement, Hays County recognizes HCLEA as the sole and exclusive bargaining agent for all Officers, in accordance with Chapter 174, TLGC and this Agreement. The status of HCLEA as bargaining agent shall extend until a majority of Officers withdraws the recognition as provided by law.

ARTICLE 4 AUTHORITY AND TERM

Section 1. Term of the Agreement. Except as otherwise provided for within this

contract, this Agreement shall commence on October 1, 2016 (the “Effective Date”), and end on September 30, 2020 (the “Termination Date”).

Section 2. Evergreen Clause. If the parties have not agreed upon a new agreement by Termination Date specified above, the terms of this Agreement shall thereafter continue in effect without change until it is superseded by a new agreement, but in no event later than September 30, 2021 (the “Evergreen Termination Date”). The “Contract Term” shall extend from the Effective Date until the Termination Date or the Evergreen Termination Date, as appropriate.

ARTICLE 5 RELATIONSHIP OF CBA TO LAWS, RULES & POLICIES

Section 1. Laws Relating to Individual Employee Rights. Nothing in this

Agreement is intended to detract from or add to any rights, privileges, duties or obligations afforded to individual officers, as public employees, under state or federal civil rights law, anti-discrimination laws, anti-retaliation law or whistle-blower law. All Officers covered by this Agreement continue to remain employees at will and the benefits provided under this Agreement do not in any manner change that existing employment relationship.

93

Section 2. County Policies, Rules, Regulations, and Directives. Subject to the provisions of this Agreement, and any applicable state and federal laws, any existing County, Constable’s Office or Sheriff’s Office policies, rules, regulations, and directives in existence at the time of the execution of this Agreement shall continue to apply and be enforced by respective management. The parties agree that any County policy, rule, regulation or directive that is not specifically superseded by provisions of this Agreement may be unilaterally amended or modified by the County, subject to the Maintenance of Standards provision cited in Article 6, Section 2, below.

ARTICLE 6 MANAGEMENT RIGHTS AND MAINTENANCE OF STANDARDS

Section 1. Management Rights. The parties understand and agree that Hays

County, Texas, as a duly constituted unit of government under the Constitution and Laws of the State of Texas, the Constables of the County and the Sheriff of Hays County, hereby retain all those powers, privileges, rights, and authority conferred upon them by law, and nothing in this Agreement shall be construed or interpreted as being in derogation of, or delegation of, those powers, privileges, rights, and authority, other than as required by law, or this Agreement.

Section 2. Maintenance of Standards. A. Subject to the foregoing management rights clause, the County agrees that any

standard, privilege, and working conditions enjoyed by the officers at the effective date of this Agreement, which is not specifically included in this Agreement, and as to which the County would otherwise be subject to a mandatory duty of bargaining, will not be changed without sixty (60) calendar days written notice to the Association.

B. The following topics shall be excluded from the application of this Section 2: (i)

any policy, standard, privilege, or working condition related to use of County vehicles or County equipment; (ii) policies or policy decisions related to work shift schedules that do not conflict with Article 9, below; and (iii) any standard, privilege, or working condition related to personal use of time while on duty, unless covered by written County policy.

ARTICLE 7

DUES DEDUCTIONS Section 1. Dues Check-Off A. If an Officer submits a signed written request in the form attached as Appendix A,

for the payment of membership dues to the Association, including CLEAT dues, named by the Officer, the County shall deduct the dues from the Officer’s pay each pay period. In order to be effective in any given month, a request must be filed with the County Treasurer by the 1st day of that month. An Officer’s request must: (1) be set out in a form prescribed and provided by the County Treasurer; (2) identify the current rate of dues to be deducted each pay period; and (3) direct the County Treasurer to transfer the deducted funds to the designated employee’s association. A request under this section, as well as all requests for Dues deduction in existence

94

on the Effective Date of this Agreement, shall remain in effect until the County Treasurer receives written notice of revocation in a form substantially similar to Appendix B and signed by the Officer.

B. The Association, including CLEAT, may change the amount of the dues

deduction each quarter by notifying the County Treasurer of such change in writing. C. This article supersedes Section 155.001 and Section 155.002 of the TLGC to the

extent it conflicts with this article. D. DEFENSE AND INDEMNIFICATION. HCLEA/CLEAT SHALL DEFEND THE PROVISIONS OF THIS

ARTICLE ON BEHALF OF BOTH THE COUNTY AND HCLEA/CLEAT, AND SHALL INDEMNIFY THE COUNTY AND HOLD IT HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS OR OTHER FORMS OF LIABILITY THAT MAY ARISE OUT OF, OR BY REASON OF, ANY ACTIONS TAKEN BY THE COUNTY INCLUDING THE COUNTY’S SOLE NEGLIGENCE OR CONCURRENT NEGLIGENCE FOR ANY PURPOSE OF COMPLYING WITH PROVISIONS OF THIS ARTICLE. HCLEA/CLEAT SHALL BE ENTITLED TO SELECT AND DIRECT COUNSEL FOR SUCH DEFENSE, BUT SHALL REASONABLY COOPERATE WITH COUNSEL DESIGNATED TO PARTICIPATE BY THE HAYS COUNTY COMMISSIONERS COURT.

ARTICLE 8

WAGES AND PAYS

Section 1. (A) Barring relief of the County’s obligation to pay under Subsections (B) or (C) below, wages and pays shall be based on the Merit-Based Step specified in the Pay Plan, attached hereto as Exhibit A, and the procedures for awarding individual Merit-Based Step increases cited in Subsection (D), below; provided that implementation of those pays shall begin on the first full pay period after October 1, 2016, for Fiscal Year 2017. On or about April 1, 2018 the County shall reassess the Pay Plan by utilizing the methodology described in Exhibit E, which is attached hereto and incorporated herein. Using the reassessment of the Pay Plan, the County shall implement an updated Pay Plan on the first full pay period after October 1, 2018, for Fiscal Year 2019. The Parties agree that no other portions of this Agreement shall be subject to negotiation until the end of the Contract Term. The Parties also agree that the methodology described in Exhibit E shall be only means of achieving an updated Pay Plan mid-way through the Contract Term.

(B) All obligations of the County shall be paid only out of current revenues or any other

funds lawfully available for those obligations, including unpledged tax revenues reasonably anticipated at equal or higher total gross amounts as were collected in the previous fiscal year,

95

and appropriated for such purposes by the Commissioners Court in compliance with the Texas Constitution, Article XI, Section 5 and 7. Except as it may be construed regarding the availability of current funding, the award of a Cost of Living Allowance or Merit Pool to other employees of Hays County shall not affect the terms and conditions cited herein. If current funding is not available, then the County’s fiscal obligation under this Agreement shall be null and void. However, if current funding is not available within a given Fiscal Year, the Parties agree to meet and confer before finalization of the County’s budget for that Fiscal Year and attempt, in good faith, to identify which terms and conditions of this Agreement shall remain in effect and what steps can be taken, if any, to partially fulfill the fiscal obligations under this Agreement.

(C) Merit-Based Step Procedure. It is the intention of the Sheriff, the Constables, and

Hays County that Employees should be able to identify a Pay Plan that provides some expectation of progress through career paths. At the same time, the Parties agree that those Employees whose performance fails to meet a standard that is acceptable to the Sheriff or a Constable, as appropriate, should not be granted an automatic Step increase based solely on Years of Service. For that reason, the Parties agree that a Step Plan that includes consideration of Merit is the best method for accountability among Employees. County Management anticipates that an Employee who is not approved for a Merit-Based Step will have, in the time period leading up to the Employee’s eligibility, failed to perform his or her duties adequately, in the reasonable opinion of the Sheriff or a Constable, as appropriate.

(D) Procedures for approval or disapproval of Merit-Based Step increases are as follows:

(a) Employees shall be eligible to receive Merit-Based Step increases on the first pay period after the Employee’s Anniversary Date.

(b) Eligible Employees shall receive MBS increases only if the Sheriff and/or the

Constable, as appropriate, approves such Employee’s Merit-Based Step increase, based on a review of that Employee’s record, performance, and behavior. Within ninety (90) days preceding an Employee’s eligibility for an MBS increase, the Sheriff or the Constable, as appropriate, shall review the record, performance, and behavior of such Employee and shall act to approve or disapprove that MBS increase on or before the date of eligibility. In the alternative, the Sheriff or a Constable, as appropriate, may defer making a finding for up to six (6) months, which would cause the Employee to hold in his or her current MBS and which would provide the Employee an opportunity to improve performance. A deferral period may be accompanied by the implementation of a Performance Improvement Plan (“PIP”), which will help the Employee measure his or her own progress toward acceptable and adequate performance of duties. Any deferral or disapproval of an MBS increase shall be provided to the subject Employee, in writing, on or before the date of eligibility.

(c) An eligible Employee may protest the disapproval of his/her own MBS increase by

requesting review of the Merit Review Committee within fifteen (15) days of the date on which the Employee became eligible. Deferrals of MBS, as described in the paragraph above, may not be appealed to the Merit Review Committee. The procedures for consideration by the Merit Review Committee are expressed in Article 18, below. The Merit Review process is not

96

considered part of the Dispute Resolution process described in Article 21, below, which is reserved for disputes related to the application or interpretation of this Agreement.

(d)For the purposes of an Employee’s status in the Pay Plan only, Years of Service shall

be held without accrual (“Frozen”) for one (1) year if the Sheriff or Constable, as appropriate, disapproves an MBS increase for that Employee. An Employee whose MBS increase has been disapproved shall not be eligible for reconsideration of an MBS increase for one (1) year, at which time the Sheriff or Constable, as appropriate, may approve or again disapprove the Employee’s MBS increase. After an Employee’s Years of Service are Frozen, an Employee may not receive more than one MBS step increase upon reconsideration by the Sheriff or Constable, as appropriate.

(e) If, after consideration by the Merit Review Committee pursuant to Article 18 below,

the Merit Review Committee, the Sheriff, or a Constable, as appropriate, reinstates the Employee’s MBS increase, accrual of the Employee’s Years of Service shall also be reinstated as if it had never been Frozen.

Section 2. No Retroactive Pays. The parties understand and agree that there shall not be any retroactive application of pays for services already rendered. All pays shall be prospective only. This Section shall also apply to the services of an Employee performed during a period in which an MBS step increase is deferred or during the time disapproval of an MBS increase is being considered by the Merit Review Committee.

Section 3. Grandfathered Pays. The parties understand and agree that if application of the Pay Plan to any particular officer should result in a gross pay amount that is less than the gross pay that the Officer was earning upon implementation of this Agreement, that Officer’s pay shall be the pre-contract gross pay amount and shall continue to be paid until such time as the wage and pay terms of this Agreement result in a higher pay amount than the pre-contract pay amount previously earned. When the wages and pays, calculated under this Agreement supersede any pre-contract pay amount previously earned, the higher negotiated pay amount shall at that time control.

Section 4. Scope of Bargaining Unit. Questions relating to whether an individual Officer is a member of the bargaining unit shall be determined by reference to the definition provided, above, and to the following criteria:

A. The statutory definition of a law enforcement officer contained in Chapter 174, TLGC;

B. Applicable case law interpretations relating to the definition of a law enforcement officer for purposes of Chapter 174, TLGC, as applied to Texas Counties; and

C. Job functions and job definitions.

Section 5. Questions Over Appropriate Position Title. Any individualized disputes about the appropriate Position Title specified in the Pay Plan of this Agreement

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applicable to a particular Officer shall be resolved administratively by the Commissioners Court, in its sole discretion, with that discretion being limited to application of the job titles negotiated in this Agreement.

Section 6. Reclassification of Budgeted Position. Nothing in this Agreement shall impair the prerogatives of the Commissioners Court from the reclassification of any particular budgeted position.

Section 7. An appendix of current members of the bargaining unit, identified by name, title, and Years of Service is attached hereto as Exhibit B. Exhibit B is hereby approved by the Parties for purposes of identifying the members of the bargaining unit, to establish appropriate position titles for purposes of base pay, to establish Years of Service, and to confirm approval of the Agreement using HCLEA voting procedures.

Section 8. Incentives Pay A. Field Training Officer Pay. A Field Training Officer (F.T.O.) for the Hays

County Sheriff’s Office is an Officer who carries the rank of Deputy or Corrections Officer, meets the requirements as established in the Sheriff’s Office F.T.O. policy, and is formally assigned and recognized County Management as a Field Training Officer. Each Officer assigned shall be granted Soft Pay of $2.50 per hour for each hour actively engaged in field training activities as a Field Training Officer, as long as budgeted funds for this pay are not exhausted for the fiscal year. Each Fiscal Year for 2017, 2018, 2019 and 2020, the budget for Field Training Officer Pay will be based on the calculation reflected below for Deputies and Corrections Officers respectively (“Y” represents the number of dedicated Field Training Officers negotiated between the Sheriff and the Commissioners Court during any budget cycle) :

1. Deputies: Y x 624 x $2.50 2. Corrections Officers: Y x 164 x $2.50

As of the Effective Date of this Agreement, Deputy Constables do not have F.T.O. pay available. However, if any Constable requests and has F.T.O. budget set aside by the Commissioners Court, then Deputy Constables designated as Field Training Officers shall receive the same compensation as Sheriff’s Office employees, above. B. Additional Soft Pays.

1. Uniform Allowance. The Parties recognize that, by action of the Commissioners Court independent of any Collective Bargaining Agreement, all Corrections Track and Deputy Sheriff Track Employees received a thirty dollar ($30) per month Uniform Allowance and Deputy Constable Track Employees received a sixty dollar ($60) per month Uniform Allowance prior to the Effective Date of this Agreement. The Parties agree that, after the Effective Date of this Agreement, only Non-Uniformed Deputy Sheriff Track Officers shall receive thirty dollars ($30) per month as a Uniform Allowance during the term of this Agreement, and all Uniformed Corrections Track and Deputy Sheriff Track Officers shall cease receiving a Uniform Allowance. Deputy Constable Track Employees shall continue to receive a sixty dollar ($60) per month Uniform Allowance during the term of this Agreement.

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Deputy Sheriff Track Employees promoted into a Non-Uniformed position may request advanced payment of the stipend up to three hundred and sixty dollars ($360.00), to the County Treasurer’s Office within fifteen (15) days of a promotion or qualifying reassignment. Upon receipt of a request for advanced payment of the Uniform Allowance, the County Treasurer shall, at the time it pays the next Uniform Allowances to other qualified Employees, pay the requesting Officer the sum of that Officer’s Uniform Allowance for the remainder of that Fiscal Year. Officers who receive an advance of their Uniform Allowances shall not be eligible to receive a monthly allowance under this Section until October of the next Fiscal Year.

The Sheriff shall provide full sets of Uniforms (excepting bullet-proof vest, belt, boots and equipment) to each Corrections Track and Deputy Sheriff Track Employee. Should a uniform require replacement, in the opinion of the Chain of Command, the Sheriff shall replace that uniform within a reasonable time. For the purposes of this paragraph, “full sets of Uniforms” shall consist of the following:

“Uniformed Corrections Track and Deputy Sheriff Track Employees,” which the Parties agree shall pertain to Employees within those tracks who are required to wear a uniform during performance of most of their regular duties, shall receive the following:

A) One long-sleeve shirt and one pair of pants to satisfy the Class A uniform requirements.

B) Six shirts to satisfy the Class B uniform requirements. Employees may choose short-sleeve or long-sleeve.

C) Three pair of pants to satisfy the Class B uniform requirement.

“Non-Uniformed Corrections track and Deputy Sheriff Track Employees,” which the Parties agree shall pertain to Employees within those tracks who are not required to wear a uniform during performance of most of their regular duties, shall receive the following:

A. One long-sleeve shirt and one pair of pants to satisfy the Class A uniform requirements.

B. One shirt to satisfy the Class B uniform requirements. Employees may choose short-sleeve or long-sleeve.

C. One pair of pants to satisfy the Class B uniform requirement.

2. Certification Pay. Members of the Bargaining Unit shall be compensated in the manner, below, for corresponding peace officer, corrections officer and/or civil process certifications, granted that said certifications are relevant to the Career Path in which that member of the Bargaining Unit is currently employed. For the purposes of this Section, Deputy Sheriff and Deputy Constable Track Employees shall be compensated for Peace Officer certifications, Corrections Officer Track Employees shall be compensated for Corrections Officer certifications, and Deputy Constable Track Employees shall be compensated for Civil Process Proficiency Certifications. Compensation shall be made as follows: fifty dollars ($50.00) per month for Intermediate Peace Officer or Intermediate Corrections Officers certifications, seventy-five dollars ($75.00) per month for Advanced Peace Officer or Advanced Corrections Officers certifications, one hundred dollars ($100.00) per month for Master Peace Officer or Master Corrections Officer certifications, and sixty dollars ($60.00) per month for Civil Process Proficiency certifications. A summary of the Certification Pay corresponding to

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each Employee as of the Effective Date is included in Exhibit B, which is attached hereto and incorporated herein for all purposes. 3. Shift Differential Pay. The County shall pay a maximum of one hundred and fifty dollars ($150.00) per month to an Employee that works night shifts that begin at or after 6:00 p.m. Only Employees working fifty percent (50%) or more of their shifts between 12:00 a.m. and 6:00 a.m., in a twenty eight (28) calendar day cycle, shall be eligible for soft pays under this paragraph. An Employee that works a shift described by this paragraph shall be paid an additional ten dollars ($10.00) for that shift. The County shall pay a maximum of seventy-five dollars ($75.00) per month to an Employee that works evening shifts that begin at 3:00 p.m. Only Employees working fifty percent (50%) or more of their shifts between 9:00 p.m. and 3:00 a.m., in a twenty eight (28) calendar day cycle, shall be eligible under this paragraph. An Employee that works a shift described by this paragraph shall be paid an additional five dollars ($5.00) for that shift. 4. Special Assignment Pay. The County shall pay an additional seventy-five dollars ($75.00) per month to an Employee assigned by the Sheriff to perform the following special assignments:

1. Special Weapons and Tactics (“SWAT”) 2. Crisis Negotiation Team (“CNT”)

Section 9. Calls Out from Off-Duty Time. If a Sheriff’s Office Employee is called out to work during periods when that employee is not scheduled to work (a “Call Out Period”), that Employee shall be guaranteed at least two (2) hours of work for the Call Out Period. If that Employee is relieved and ordered to return to Off-Duty status before he or she has worked two (2) hours, then that Employee shall be credited for having worked two (2) hours. If that Employee works for two (2) or more hours during the Call Out Period, then this Section 9 shall have no effect.

Section 10. 29 USC §207(k); Compensatory Time as Additional Benefit. When

Congress established a 216-hour 28-day work period for employees engaged in fire protection and law enforcement activities in 29 USC §207(k), it also gave the Secretary of Labor authority to promulgate regulations establishing a lower ceiling of work hours within a 28-day cycle. The Secretary of Labor exercised this authority in 1987, setting a limit for law enforcement personnel at 171 hours within a 28-day period.

The Parties agree that the salary amounts set forth in Pay Plan attached hereto as Exhibit

A are and will be paid to qualifying Employees for all hours worked in two (2) designated 14-day work periods of 84 hours. The regular schedule used to calculate the market rate for the Corrections and Deputy Sheriff Career Tracks shall be 168 hours in a 28-day period. The regular schedule used to calculate market rate for the Constable Career Track is 160 hours in a 28-day period. Despite any variation in regularly-scheduled hours, the Parties hereby agree that all non-exempt officers in each of the three (3) Career Tracks are subject to 29 USC 207(k) since Employees within those Career Tracks are engaged in “law enforcement” within the meaning of those provisions. Pursuant to the Fair Labor Standards Act (“FLSA”), the County shall award overtime compensation to non-exempt officers for each hour worked beyond 84 hours in a 14-day work

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period. Such compensation shall be provided in compliance with Article 10, below. Overtime under this section shall be provided at one-and-one-half times the officer’s hourly rate, which shall be calculated by dividing that officer’s annual salary by the number of hours in his/her regular 28-day schedule (cited above), and dividing that quotient by 13, which is the number of 28-day work periods in one year. Section 11. The Parties agree that the additional benefits described in Sections 8, 9, and 10, above (“Additional Benefits”), are contractual obligations only. Notwithstanding the County’s agreement to provide these additional benefits as a contractual obligation, should the Association (or Combined Law Enforcement Associations of Texas (CLEAT)) file, on behalf of an Employee, a grievance, law suit, or complaint to an administrative agency, claiming a statutory, constitutional or otherwise-vested right to these Additional Benefits, then payment, use and/or accrual of these Additional Benefits, including compensatory time that was provided as Additional Benefits, shall cease for all Employees for the remainder of the term of this Agreement, including any extension of this Agreement under Article 4, Section 2.

ARTICLE 9 SHIFT SCHEDULES

Section 1. The County agrees to maintain the current core shift schedules in effect for

Corrections and Deputy Sheriff Career Tracks as of the adoption of this Agreement, unless they are amended by mutual agreement. This Article shall not apply to special assignments or special units, such as Government Center or Courthouse security, or to newly created operations involving a different shift.

ARTICLE 10 OVERTIME PAY

Section 1. Overtime Pay. Non-exempt Officers of the bargaining unit shall earn and

accrue overtime in accordance with the minimum requirements under the Fair Labor Standards.

Section 2. Compensatory Time. As permitted by the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 207(o), the County may compensate non-exempt Officers with compensatory time in lieu of overtime pay for time worked in excess of 84 hours in a 14-day work period. Such compensatory time will be at a ratio of not less than one-and-one-half times for each hour of overtime worked.

Pursuant to the FLSA, the County and Sheriff’s Office have the discretion to determine

whether monetary compensation or compensatory time will be awarded for FLSA overtime worked. Officers shall be allowed to accrue compensatory time up to a maximum accrual of two-hundred (200) hours during the term of this Agreement. Such maximum accrual shall be the sum of (i) any overtime accrued, but not compensated monetarily, and (ii) any compensatory time awarded as an additional benefit under Article 8, Section 10, above. Pursuant to the Fair Labor Standards Act, compensatory time shall be paid to any Officer whose accrued

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compensatory time exceeds four-hundred-and-eighty (480) hours, or to any Officer who ceases employment with Hays County.

ARTICLE 11

HOLIDAYS AND HOLIDAY PAY Section 1. Holiday: For the purpose of this agreement, Holidays shall be those designated by the Hays County Commissioners Court for all County employees for each Fiscal Year. If, within any Fiscal Year, New Year’s Day, Independence Day (July 4th), and/or Christmas Day are not Holidays designated by Commissioners Court, then Employees shall be granted those days as additional Holidays for the purposes of this Article. Section 2. Holiday Pay: An Employee who physically works a shift that begins on a Holiday will be paid hourly at a 1.66 hour rate for any hours worked during that shift. Section 3. Holidays Not Worked. An Employee who regularly works 12-hour shifts in 14-day, 84-hour work periods shall receive eight (8) hours of personal leave time for each Holiday that the officer is not credited with working. Personal Leave Time shall be recorded as Compensatory Time in County records, and shall not be construed as Vacation Time or Compensatory Time. Section 4. Partial Shifts. An Employee who would qualify for Personal Leave Time under Section 3, above, and who works a partial shift that begins on a Holiday, will be granted Holiday Pay for any hours physically worked and will be granted as many hours of Personal Leave Time as needed to equal eight (8) hours when those hours are added to the hours physically worked. For instance, if an Employee is called out to work a partial shift, and that Employee works three (3) hours, then that Employee will be paid at 1.66 times the regular rate of pay for the three (3) hours worked, and will be granted five (5) hours of Personal Leave Time. If the Employee works a partial shift that equals eight (8) or more hours physically worked, then no Personal Leave Time will be granted.

ARTICLE 12 LEAVE PROVISIONS

Section 1. Vacation Leave. Officers shall earn and accrue vacation leave pursuant

to the County’s Personnel Policy that the County applies to the County’s civilian employees at any given time.

Section 2. Sick Leave. Officers shall earn and accrue sick leave time pursuant to the

County’s Personnel Policy that the County applies to the County’s civilian employees at any given time.

Section 3. Funeral Leave. Officers shall be granted funeral leave pursuant to the County’s Personnel Policy that the County applies to the County’s civilian employees at any given time.

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ARTICLE 13 PAID TIME: ASSOCIATION ACTIVITY

Section 1. Creation of Association Business Leave. An association business leave time (ABL) pool shall be created for the purpose of conducting Association business. Association business is defined as time spent in Collective Bargaining or similar negotiations, adjust grievances, attending the annual State CLEAT conference, the Association’s Executive Board meetings, regular Association business meetings and authorized events such as Peace Officers’ Memorials or Peace Officer’s funerals. It is specifically understood and agreed that no ABL time shall be utilized for political lobbying at the local, state, or national level.

Section 2. Written Request Required. (a) All requests for ABL must be made in

writing by the Association President and submitted to the Sheriff or affected Constable at least forty-eight (48) hours in advance of the date of the requested leave. To be considered timely, the request must be received in person, by fax, or by electronic mail by noon of the day notice is due. The Sheriff or affected Constable, in his/her discretion, may approve a late request for leave, or a request not in writing, if he/she determines that circumstances warrant approval and it does not disrupt operations of the Department. All requests are subject to approval of the Sheriff or affected Constable who will designate the number of hours or days for which leave is granted.

(b) Other administrative procedures and details regarding the implementation of this

Article may be specified in Departmental policy. Section 3. Funding of Association Business Leave. Commencing on January 1,

2017 (and each January thereafter during the Contract Term) each Employee shall contribute accumulated vacation leave hours to the Association ABL Pool (“ABLP”) in the amount of three (3) hours. The ABLP shall be funded during the first pay date of each calendar year during the Contract Term. Newly hired Officers shall be eligible to donate only after successfully completing their probationary period (6 months of employment). The Association shall be allowed to debit the ABLP on an hour-for-hour basis. Once a contribution has been made to the ABL Pool, there shall be no transfer of leave back into any individual officer’s leave account and there will be no cash payout for any remaining time in the pool.

Any hours not used will remain in the ABLP to be utilized the following year. Such ABLP hours shall never have any cash or surrender value. The Hays County Treasurer will track contributions to and deductions from the ABLP.

Any Employee may opt out of participation in the funding of the ABLP by submitting a written opt out request to the Hays County Treasurer by December 15th of any year during the Contract Term. Opt out requests received on or before December 15th of any year will be applicable to the ABLP contribution made in the following calendar year. Employees who wish to opt out of participation in the funding of the ABLP must request the opt out for each year of the Contract Term.

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Section 4. Negotiation Time. (a) The duly designated members of the Association’s bargaining team, if on regularly scheduled duty during a joint scheduled bargaining session may be allowed to use ABL leave to attend that bargaining session, subject to the critical staffing needs of the Sheriff’s Office determined by the Sheriff and any affected Constable.

(b) Members of the bargaining unit who are not named members of the bargaining team and who wish to attend a bargaining session as a spectator shall do so only on their own time. No special prerogative or privilege shall be exercised to accommodate staffing needs for members of the bargaining unit who are not named members of the bargaining team, even if a member requests or applies for use of personal leave time.

Section 5. Labor Relations Committee. Duly appointed members of the Labor Relations Committee under this Agreement who are required to attend an LRC meeting scheduled during their usual duty time, may be allowed to use ABL leave to attend, subject to the critical staffing needs of the Sheriff’s Office or any affected Constable.

Section 6. The use of ABL is not intended to create extended duty time, overtime, or any modifications to the usual duty schedule.

SECTION 7. DEFENSE AND INDEMNIFICATION. HCLEA SHALL DEFEND THE PROVISIONS OF THIS ARTICLE ON BEHALF OF BOTH THE COUNTY AND HCLEA, AND SHALL INDEMNIFY THE COUNTY AND HOLD IT HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS OR OTHER FORMS OF LIABILITY THAT MAY ARISE OUT OF, OR BY REASON OF, ANY ACTIONS TAKEN BY THE COUNTY INCLUDING THE COUNTY’S SOLE NEGLIGENCE OR CONCURRENT NEGLIGENCE FOR ANY PURPOSE OF COMPLYING WITH PROVISIONS OF THIS ARTICLE. HCLEA SHALL BE ENTITLED TO SELECT AND DIRECT COUNSEL FOR SUCH DEFENSE, BUT SHALL REASONABLY COOPERATE WITH COUNSEL DESIGNATED TO PARTICIPATE BY THE HAYS COUNTY COMMISSIONERS COURT.

ARTICLE 14

ASSOCIATION BULLETIN BOARD

Section 1. Bulletin Boards. The Association may provide and maintain a bulletin board on any premise of the Sheriff’s Department and/or any Constable’s Office at its own

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expense, at a location to be approved by the Sheriff or his or her designee or any affected Constable or his or her designee.

Section 2. The Association, as the majority bargaining agent, shall have exclusive rights to maintain a bulletin board, and the Sheriff’s Office or any Constable’s Office shall not approve a bulletin board to be maintained on its premises for any labor organization other than that of the majority bargaining agent except for one bulletin board maintained by the Fraternal Order of Police (FOP) as of the execution of this Agreement.

Section 3. The bulletin board shall be consistent in design and standards to other bulletin boards in the Sheriff’s Office or any Constable’s Office for posting of routine announcements of meetings, Association business, recreational functions, legislative enactments and judicial decisions.

Section 4. The use of the bulletin board for the postings of partisan political material, editorial comments and viewpoints of employees in any manner, which would be in opposition to existing officer working conditions, shall not be allowed.

Section 5. Any material on the bulletin board which is in violation of this Agreement, as determined by the Sheriff or Constables shall be promptly removed by the Association. The Sheriff and Constables shall not unreasonably deny an Association posting on the bulletin board.

ARTICLE 15 INSURANCE BENEFITS

Section 1. Medical (Health) Insurance: The County will offer each Employee

accident and medical insurance coverage equivalent to what the County provides to the County’s civilian employees at any given time. The parties recognize that this provision may result in an increased cost or reduced benefit from those currently in effect, provided that all County employees have the same options. The County reserves the right to elect, purchase and implement a medical insurance that serves the best interests of the Hays County and its employees at any given time.

Section 2. Life Insurance. The County shall provide life insurance benefits to Employees equivalent to what the County provides to the County’s civilian employees at any given time.

ARTICLE 16

RETIREMENT BENEFITS

Section 1. The County will furnish Employee the same retirement benefits that the County provides to the County’s civilian employees at any given time.

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ARTICLE 17 LABOR RELATIONS COMMITTEE

Section 1. General Purpose. There shall be a Labor Relations Committee the

purpose of which is to act as a forum for informal, non-binding discussion between Association representatives and County Management representatives on the maintenance of this Agreement.

Section 2. How Constituted. The Labor Relations Committee shall be composed of the same members as the Merit Review Committee, as described in Article 18, below.

Section 3. Any member of the Committee may raise issues related to the maintenance of this Agreement.

A. Under no circumstance will individualized disciplinary issues be a proper subject of an agenda or discussion of a Labor Relations Committee.

B. The Committee shall have no right or authority to amend this agreement or to abrogate the authority of the County, Sheriff or Constables.

Section 4. Meetings of the Labor Relations Committee shall be on an “as needed” basis, but in no event more than once a month. It shall require the affirmative assent of at least three (3) members of the Labor Relations Committee to convene a meeting, at which a quorum must be in attendance.

Section 5. Members who are on duty when a Labor Relations Committee is convened may attend on ABL time, subject to the staffing needs of the department in which they work, but members who are not on duty when a Labor Relations Committee is convened shall attend on their own time.

ARTICLE 18 MERIT REVIEW COMMITTEE

Section 1. Within sixty (60) days of the Effective Date of this Agreement, the Parties shall collaborate to form a Merit Review Committee, which shall convene twice annually, as needed, to consider appeals from Employees whose Merit-Based Step increase has been disapproved by the Sheriff or Constable, as appropriate. Section 2. Formation; Quorum. The Committee shall have seven (7) members at all times. The Committee shall be formed by the following appointments: one (1) selected by majority vote of the Constables; two (2) selected by the Association; two (2) selected by the Sheriff; and two (2) selected by the Hays County Commissioners Court. Neither the Merit Review Committee nor the Labor Relations Committee may convene for an official meeting without at least a quorum of its members present. For the purposes of Articles 17 and 18, a quorum shall be four (4) or more members. Selection of appointments shall be made from

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individuals who are elected officials or staff members (at least half-time) employed by Hays County at the time of appointment. Section 3. Committee Procedure. The Committee may consider all information contained within the personnel file of the Employee who has appealed. If the Employee wishes to appear before the committee and provide information, the Employee shall be granted thirty (30) minutes to present to the Committee. After such presentation, the Employee shall remain available to the Committee to answer Committee questions. Employees who appear to present to the Committee shall be provided with a Garrity Warning, which must be executed before any presentation is given. All presentations and responses to Committee questions shall be made under oath. The Committee may request, but may not compel other witnesses to provide testimony. Section 4. Committee Findings; Effect. Within ten (10) business days of the Committee’s consideration of an appeal, it shall issue written findings accompanied by a voted-upon recommendation, either for or against reinstatement of the Employee’s Merit-Based Step increase. If the Committee unanimously recommends reinstatement of the Employee’s Merit-Based Step increase, then the Sheriff or the Constable, as appropriate, shall authorize the increase and the Employee’s Years of Service shall reflect such reinstatement. If a majority, but less than all, of the Committee recommends reinstatement of the Employee’s Merit-Based Step increase, then the Sheriff or the Constable, as appropriate, may authorize the increase after consideration of the findings issued by the Committee. Findings of the Committee shall be retained by the County for administrative purposes, but shall not be considered an official finding or action of the County for the purposes of TCLEOSE reporting or any other professional reporting, and shall not be kept in the personnel file of the appealing Employee.

ARTICLE 19 OFFICE OF PROFESSIONAL RESPONSIBILITY AND DISCIPLINARY POLICY

Section 1. Administrative investigations shall be handled in accordance with the

requirements set by law, in accordance with existing policies contained in the operations manual of the Sheriff’s Office or the Constable’s Office and in accordance with the Employees’ Bill of Rights attached hereto as Exhibit C.

Section 2. Any proposed written updates, written modifications, or written amendments to the Sheriff’s Office or Constable’s Office administrative investigation or disciplinary policy shall be presented to the Labor Relations Committee for review and comment; provided, however, that the Sheriff and Constables shall retain full and final authority and discretion to determine what written policies of the Sheriff’s Office or Constable’s Office shall be at any given time. The Parties agree, with full recognition of the limitations cited in this Section and in Section 3, below, that the Sheriff’s existing written policies related to administrative investigations, disciplinary procedure, and disciplinary review (“Pertinent Policies”) on the Effective Date of this Agreement are attached hereto as Exhibit D.

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Section 3. Application and/or enforcement of policies by the Sheriff or a Constable relating to administrative investigations and/or disciplinary procedure, including the Employees’ Bill of Rights attached hereto, shall not be subject to Dispute Resolution procedures otherwise contemplated in this Agreement. Likewise, discipline implemented in accordance with this section is not appealable beyond the decision of the Sheriff.

ARTICLE 20

LATERAL ENTRY

Section 1. Lateral Entry Program.

A. The Hays County Sheriff’s Office or a Hays County Constable’s Office may hire a licensed peace officer or corrections officer with prior law enforcement experience in a law enforcement agency recognized by TCOLE and, upon employment, may place such officer at some step higher than MBS0 according to their career track, on the Collective Bargaining County Salary Step Plan, as provided in this section, if the candidate meets the following criteria:

1. The candidate is licensed by TCOLE;

2. The applicant has a minimum of three years of service as a TCOLE certified, full time, paid Officer in a first responder patrol officer role for Deputy Sheriff or Deputy Constable Tracks; or in a deputy constable role for Deputy Constable Track, or with a minimum of three years of service as a TCOLE certified, full time, corrections officer for Corrections Track;

B. Applicants hired under this provision must meet all the provisions listed under Article 20 and serve a six (6) month probationary period upon being commissioned as an Employee. Beginning on the Effective Date of this Agreement, Employees who have applied for a position in a different Career Track may be hired as Lateral Transfers under this Article, but may not otherwise transfer Years of Service from one Career Track to another.

C. Lateral Entries for the Sheriff’s Office and for Constables’ Offices, may be hired as follows:

1. Sheriff’s Office (Corrections and Sheriff’s Deputies). Eligible prior experience allows the new hire to be slotted in the appropriate Deputy Sheriff or Corrections Officer pay step for up to five (5) Years of Service for the applicant’s prior full-time experience as if the entire eligible prior experience had all been acquired in the employ of the County. Officers hired under the lateral entry program who have five (5) or more years of prior full-time qualifying experience, as provided in this Section, may, at the discretion of the Sheriff, be placed up to MBS4, Deputy Sheriff, or Corrections Officer classification, on the Collective Bargaining Salary Step Plan upon being hired. Employees hired under the lateral entry program who have less than five (5) years of qualifying full-time experience may, at the discretion of the, be placed up to the step that is equivalent to the number of years of prior qualifying service rounded down. For example, if the officer has three years and six months of prior qualifying service, the officer may, at the Sheriff’s or Constable’s discretion, be placed at MBS3, or below, for the appropriate classification on the Salary Step Plan upon being hired. These Officers will not advance to the next Step rate of pay until their accumulated service time with their Department coincides with the next Step rate of pay.

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2. Constables’ Offices (Deputy Constables). Eligible prior experience allows the new hire to be slotted in the appropriate Deputy Constable pay step based on the applicant’s prior full-time experience as if the entire eligible prior experience had all been acquired in the employ of the County. Officers hired under this lateral entry program may be credited one (1) year of MBS for every three (3) years of full-time experience at the discretion of the Constable. The maximum step that may be granted to a new hire under this Section is MBS3. After being placed in the Officer’s MBS as a new hire, the Officer shall be eligible for Merit-Based Step increases annually under Article 8, above. Any Deputy Constable hired under the Lateral Entry Program of a previous CBA will be eligible for Merit-Based Step increases from their current step beginning on their Anniversary Date following October 1, 2017.

D. This program is meant to help recruit qualified applicants for the position of Entry-Level Deputy Sheriff, Deputy Constable, or Corrections Officer. The Sheriff’s or Constable’s final determination of whether an applicant meets the criteria of the Lateral Entry Program shall be final, non-appealable and not grievable.

ARTICLE 21

CONTRACT INTREPRETION / DISPUTE RESOLUTION PROCEDURE

Section 1. A Grievance is defined as any dispute, claim, or complaint involving the interpretation, application or alleged violation of any provision(s) of this Agreement.

Section 2. Scope of the Procedure. Only the Association has standing to initiate a grievance under the terms of this Agreement, after consideration of an alleged grievance asserted by an Officer or the Association. Disciplinary matters and/or matters of promotion or advancement shall not qualify or constitute the proper subject of a grievance, however; Employees retain all rights under state law with respect to disciplinary matters and/or matters of promotion or advancement, except as otherwise provided for in this Agreement.

Section 3. Information Required. Each grievance shall be signed and submitted on the form attached as Appendix C to this Agreement, and shall include, at a minimum, the following information:

1) a brief statement of the grievance, including a description of the facts or events upon which it is based including the date the grievance arose and date grievance is submitted to the Grievance Committee;

2) the sections(s) of the Agreement alleged to have been violated,

3) the remedy or adjustment sought; and,

4) the signature of the Grievance Committee Chairman or Association

President.

Section 4. Grievance Procedure Steps. Grievances regarding interpretations or violations of this Agreement shall proceed along the following Steps:

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Step 1: An aggrieved Officer must initiate a written grievance on the form attached as Appendix C with the Association Grievance Committee within fifteen (15) business days of the date upon which the Officer knew of or should have known of the facts giving rise to the grievance. A courtesy copy of the completed grievance form shall be forwarded to the Sheriff, or Constable if applicable, and Civil Division of the Criminal District Attorney’s Office by the Association Grievance Committee within five (5) business days of the receipt of the signed written grievance by the Association Grievance Committee, but no action by the Sheriff or Constable if applicable, or the Civil Division of the Criminal District Attorney’s Office is required at this Step. The Association Grievance Committee shall within its discretion determine whether the alleged grievance has merit and whether it should proceed to the next Step. If the Association Grievance Committee determines that no grievance exists or that the grievance will not be forwarded, it shall notify the Sheriff, or Constable if applicable, and the Civil Division of the Criminal District Attorney’s Office in writing that no further proceedings will be necessary. If the Association Grievance Committee determines that the grievance is valid, it shall within fifteen (15) business days after receipt of the grievance, proceed to Step 2 of the procedure.

Step 2: Any grievance that the Association Grievance Committee determines has

merit shall be formally submitted to the Sheriff, or Constable, if applicable, the Office of the County Judge, and the County Attorney’s Office within five (5) business days of the Step 1 decision of the Association Grievance Committee. After receipt of the grievance form, the Sheriff, or Constable if applicable, and/or the County Judge or designee shall evaluate the grievance and shall within fifteen (15) business days submit a response in writing to the Association Grievance Committee.

Step 3: If the grievance is not resolved at Step 2, then the Association shall have

fifteen (15) business days from the receipt of the Step 2 decision to invoke mediation. Mediation shall be scheduled within thirty (30) days of its invocation by the Association, and shall be conducted by a Mediator that is mutually agreed upon between the Association and the County. If mediation does not result in resolution of the grievance within fifteen (15) days of the first mediation meeting, then the Association Grievance Committee may proceed to arbitration under Section 6, below.

Section 5. Extension of deadlines. Any of the administrative deadlines contained in

the foregoing Steps, may be extended or otherwise modified by agreement of the Parties, in writing, as necessary to address the substance of the grievance in a reasonable manner. If the Association Grievance Committee misses any deadline, the grievance will be considered satisfied and no further steps shall be taken.

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Section 6. Arbitration. If the Association decides to invoke arbitration after a failure of the parties to resolve a dispute using the grievance process, it shall be the responsibility of the Association to initiate arbitration by submitting a request in writing to the American Arbitration Association (AAA) identifying the grievance and asking for a list of seven (7) qualified neutrals from which a selection of an arbitrator may be made.

A. A copy of the request to AAA shall be provided to the following County officials: 1) the County Judge; 2) the County’s Attorney; 3) the Sheriff; and 4) the Constable if applicable.

B. Qualified neutrals must have three (3) years’ experience in public sector labor and employment contract interpretations, preferably with experience in local government labor negotiations involving cities and counties otherwise the neutral is disqualified and dropped from the list and another neutral will be requested.

Section 7. Upon the receipt of the list of arbitrators from AAA, the Parties shall schedule a strike conference within ten (10) business days or as soon as reasonably possible. The Association shall exercise the first strike and thereafter each party shall alternate in striking a name from the list until only one name remains. The identity of the sole remaining name shall be returned to the AAA Case Manager so that a hearing on the matter can be scheduled.

A. Nothing in this Article prohibits the parties from mutually agreeing to the selection of an Arbitrator, either from the AAA list or otherwise.

Section 8. After the Arbitrator has been selected, and a hearing scheduled, the parties may, upon written request to each other, call for the disclosure of a list of anticipated witnesses to be called to testify at the hearing, and may similarly call for a list of anticipated documents and exhibits sought to be introduced at the hearing. This request for disclosure shall be made no less than ten (10) business days prior to the date of a scheduled hearing, and the parties shall have a continuing duty to supplement responses to any such request. The parties, in writing, may request discovery from each other concerning the grievance. Should the opposing party not agree to provide the requested information within seven (7) calendar days of the request; the request shall be deemed denied. The requesting party may then apply to the Arbitrator, who shall order such discovery as is appropriate to the nature of the case, consistent with, but not bound by, the rules of discovery in Texas civil cases. In considering the application, the Arbitrator shall consider the burden and expense of producing the information, the need of the requesting party, the amount of time available prior to the hearing, and such other matters as he may deem material. In no event shall discovery be requested within seven (7) calendar days prior to the hearing.

Section 9. The arbitrator shall not have the power to add to, amend, modify, or subtract from the provisions of this Agreement in arriving at or her decision on the issue or issues presented and shall confine himself or herself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him or her.

Section 10. The decision of the Arbitrator, if rendered in accordance with the provisions of this Article, shall be final and binding upon the Association, including all members

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of the bargaining unit, the Sheriff, or affected Constables, and the County and may not be appealed by either party, except for any decision procured by fraud or collusion or which exceeds the arbitrator’s jurisdiction, or which is based on legal conclusions or interpretations which are clearly error of law.

Section 11. Each party shall bear its own fees, costs, and expenses related to an arbitration proceeding. The fees and expenses of the arbitrator shall be borne equally by the parties, regardless of the Award rendered by the Arbitrator. In the event a party desires a court reporter, that party shall bear that cost 100%; however, if a party requests access to the transcript, the parties shall split the cost equally.

Section 12. All time limits in this Agreement are based on calendar days unless otherwise stated. If a time limit expires on a Saturday, Sunday or County-observed holiday, the time limit shall be extended to the next County business day. The day of the act, event, or default shall not be included.

ARTICLE 22 SAVINGS CLAUSE

Section 1. Non-Application of Section 174. If a court of competent jurisdiction or the

Texas Attorney General determines that Section 174 of the Local Government Code does not apply to Hays County, then this Agreement shall be null and void.

Section 2. Savings Clause. Unless Section 1 above applies, the following savings

provision shall apply: (A) If any provision of this Agreement or the application thereof to any person or

circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Agreement which can be given without the invalid provision or application, and to this end, the provisions of this Agreement are severable.

(B) It is understood and agreed that the foregoing is a complete understanding of all the terms and conditions of employment to be governed by the Agreement during the contract period.

(C) Any Appendices to this Agreement shall incorporated by reference and shall be identified in a Table of Contents shall be deemed to be part and parcel of this Agreement for all purposes.

(D) This Agreement shall be binding upon the successors and assignees of the parties hereto during the term of this Agreement and no provisions, terms, obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by any change of any kind in the ownership or management of either party hereto or by any change geographically of place of operations of either party hereto.

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ARTICLE 23 MISCELLANEOUS PROVISIONS

Section 1. Third Party Security – County Buildings. The County shall include in every third-party contract executed after the date of this Agreement, for the use of these County facilities that any vendor or lessee using said facility shall use only sworn officers procured through the Hays County Sheriff’s Office or a Hays County Constables Office for security, crowd control and other police-related activities while using the facility, and that number of officers determined to be reasonably necessary by the County shall be paid by the vendor or lessee. Officers working for a third-party user of a County facility shall be off duty, and shall be paid an hourly rate negotiated by the Sheriff’s Office or the Constables Office(s), respectively. Officers assigned to work an event sponsored or co-sponsored by Hays County shall be considered on duty and shall not be entitled to pay that exceeds their normal rate of pay under this Agreement and under the Fair Labor Standards Act.

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SIGNATURE & EXECUTION PAGE

THE FOLLOWING INSTRUMENT AS BEEN DULY NEGOTIATED, REVIEWED, AND APPROVED BY EACH OF THE SIGNATORIES INDICATED BELOW:

HAYS COUNTY, TEXAS (Approved by HAYS COUNTY COMMISSIONERS COURT on ______)

By: ______________________________ Dated: ___________ HON. BERT COBB, M.D.

COUNTY JUDGE FOR HAYS COUNTY, TEXAS By: ______________________________ Dated: ____________

HON. GARY CUTLER SHERIFF, HAYS COUNTY, TEXAS

By: ______________________________ Dated: ____________ HON. DAVID PETERSON CONSTABLE PCT 1, HAYS COUNTY, TEXAS

By: ______________________________ Dated: ____________ HON. JAMES KOHLER CONSTABLE PCT2, HAYS COUNTY, TEXAS

By: ______________________________ Dated: ____________ HON. DARRELL W. AYRES CONSTABLE PCT3, HAYS COUNTY, TEXAS

By: ______________________________ Dated: ____________ HON. RON E. HOOD CONSTABLE PCT4, HAYS COUNTY, TEXAS

By: ______________________________ Dated: ____________ HON. MATT MANCILLAS CONSTABLE PCT5, HAYS COUNTY, TEXAS

ATTEST: By _____________________________________

LIZ Q. GONZALEZ HAYS COUNTY CLERK

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THE HAYS COUNTY LAW ENFORCEMENT ASSOCIATION (“HCLEA”) (Approved by HCLEA Membership on _______________________).

By: _______________________________

MICHAEL KIRKWOOD PRESIDENT, HCLEA

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EXHIBIT A PAY PLAN WITH MERIT-BASED STEP INCREASES

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HCLEA Pay Plan

October 1, 2016

Constable

LE Deputy LE Det./Corp. LE Sgt. LE Lt. LE Capt. Corr. Officer Corr. Crp. Corr. Sgt. Corr. Lt. Dep. Constable

MBS 0 49,576.80$ 57,220.80$ 65,782.08$ 73,447.92$ 83,254.08$ 36,036.00$ 44,815.68$ 54,250.56$ 65,585.52$ 47,216.00$

MBS 1 50,964.95$ 57,220.80$ 65,782.08$ 73,447.92$ 83,254.08$ 37,117.08$ 44,815.68$ 54,250.56$ 65,585.52$ 48,231.14$

MBS 2 52,391.97$ 57,220.80$ 65,782.08$ 73,447.92$ 83,254.08$ 38,230.59$ 44,815.68$ 54,250.56$ 65,585.52$ 49,268.11$

MBS 3 53,858.94$ 57,220.80$ 65,782.08$ 73,447.92$ 83,254.08$ 39,377.51$ 44,815.68$ 54,250.56$ 65,585.52$ 50,327.38$

MBS 4 55,366.99$ 58,822.98$ 65,782.08$ 73,447.92$ 83,254.08$ 40,558.84$ 46,160.15$ 54,250.56$ 65,585.52$ 51,409.42$

MBS 5 56,917.27$ 60,470.03$ 65,782.08$ 73,447.92$ 83,254.08$ 41,775.60$ 47,544.95$ 54,250.56$ 65,585.52$ 52,514.72$

MBS 6 58,510.95$ 62,163.19$ 67,755.54$ 73,447.92$ 83,254.08$ 43,028.87$ 48,971.30$ 56,284.96$ 65,585.52$ 53,643.79$

MBS 7 60,149.26$ 63,903.76$ 69,788.21$ 73,447.92$ 83,254.08$ 44,319.73$ 50,440.44$ 58,395.64$ 65,585.52$ 54,797.13$

MBS 8 61,833.44$ 65,693.06$ 71,881.85$ 76,753.08$ 83,254.08$ 45,649.33$ 51,953.66$ 60,585.48$ 68,372.90$ 55,975.27$

MBS 9 63,564.78$ 67,532.47$ 74,038.31$ 80,206.96$ 83,254.08$ 47,018.81$ 53,512.27$ 62,857.43$ 71,278.75$ 57,178.73$

MBS 10 65,344.59$ 69,423.38$ 76,259.46$ 83,816.28$ 90,746.95$ 48,429.37$ 55,117.63$ 65,214.59$ 74,308.10$ 58,408.08$

MBS 11 67,174.24$ 71,367.23$ 78,547.24$ 87,588.01$ 98,914.17$ 49,882.25$ 56,771.16$ 67,660.13$ 77,466.19$ 59,663.85$

MBS 12 67,174.24$ 71,367.23$ 78,547.24$ 87,588.01$ 98,914.17$ 49,882.25$ 56,771.16$ 67,660.13$ 77,466.19$ 60,946.62$

MBS 13 67,174.24$ 71,367.23$ 78,547.24$ 87,588.01$ 98,914.17$ 49,882.25$ 56,771.16$ 67,660.13$ 77,466.19$ 62,256.97$

MBS 14 67,174.24$ 71,367.23$ 78,547.24$ 87,588.01$ 98,914.17$ 49,882.25$ 56,771.16$ 67,660.13$ 77,466.19$ 63,595.50$

MBS 15 67,174.24$ 71,367.23$ 78,547.24$ 87,588.01$ 98,914.17$ 49,882.25$ 56,771.16$ 67,660.13$ 77,466.19$ 64,962.80$

MBS 16 67,174.24$ 71,367.23$ 78,547.24$ 87,588.01$ 98,914.17$ 49,882.25$ 56,771.16$ 67,660.13$ 77,466.19$ 66,359.50$

MBS 17 67,174.24$ 71,367.23$ 78,547.24$ 87,588.01$ 98,914.17$ 49,882.25$ 56,771.16$ 67,660.13$ 77,466.19$ 66,359.50$

MBS 18 67,174.24$ 71,367.23$ 78,547.24$ 87,588.01$ 98,914.17$ 49,882.25$ 56,771.16$ 67,660.13$ 77,466.19$ 66,359.50$

MBS 19 67,174.24$ 71,367.23$ 78,547.24$ 87,588.01$ 98,914.17$ 49,882.25$ 56,771.16$ 67,660.13$ 77,466.19$ 66,359.50$

MBS 20 67,174.24$ 71,367.23$ 78,547.24$ 87,588.01$ 98,914.17$ 49,882.25$ 56,771.16$ 67,660.13$ 77,466.19$ 66,359.50$

% Merit Based Step 2.8 2.8 3 4.5 9 3 3 3.75 4.25 2.15

Starting Salary 49,576.80$ 57,220.80$ 65,782.08$ 73,447.92$ 83,254.08$ 36,036.00$ 44,815.68$ 54,250.56$ 65,585.52$ 47,216.00$

Initial Hourly Rate $22.70 $26.20 $30.12 $33.63 $38.12 $16.50 $20.52 $24.84 $30.03 $22.70

Notes

1 MBS 0 begins at the date of hire and ends after the completion of one year of service

2 Eligibility for advancement to each subsequent MBS occurs at the completion of the corresponding years of service e.g.,

an Officer is eligible for advancement to MBS 'X' following the completion of 'X' years of service

3 Compensation and salary increases for the Chief Deputy position are based on County Policy and the County Salary Range Plan

4 LE and Corrections wages are based on 2184 hours/year; Deputy Constable wages are based on 2080 hours/year

5 The Agreement between Hays County and the Hays County Law Enforcement Association provides more specifics on the implementation of this pay plan

Law Enforcement Corrections

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EXHIBIT B ROSTER OF MEMBERS OF BARGAINING UNIT

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EXHIBIT C EMPLOYEES’ BILL OF RIGHTS

A. Contacts

1. An investigator shall make every attempt to contact the employee at a reasonable time and place, and to conduct the interview during the employee’s normal tour of duty.

2. If the employee is caused to return to duty for the purpose of any interview, the county shall be required to compensate the employee at the current compensation rate in effect for call-back.

B. Telephone Interviews

Interviews held by telephone must indicate the person interviewing the employee, the time, place, and date, which must be reasonable, and the nature of the allegations or act. If the investigator reduces the recording to writing, the employees involved shall be furnished with an accurate transcript of the conversation which they in turn must proofread for error and then sign under the seal of a notary or authorized Peace Officer.

C. Investigations and Polygraph Examinations

1. Employees shall be entitled to all legal rights including:

a. Notice of allegation.

(1) The involved employee shall be given a copy of the Personnel Complaint form signed by the reporting party and/or the supervisor who completed the form, within a reasonable time after the complaint is filed. A “reasonable time” is generally to be interpreted as being at the time of the employee’s investigative interview; however, this does not apply to an investigation that takes place immediately after an incident occurs. In such instances, the involved employee shall be furnished with a copy of the Personnel Complaint form as soon as practicable.

(2) A document acknowledging receipt by the employee shall be required when the involved employee receives a copy of the Personnel Complaint form.

b. Nature of criminal, civil, or administrative charges.

c. Appropriate constitutional warning, in the case of a criminal investigation.

d. List of witnesses alleging a violation may be provided at the Chief Deputy’s discretion.

e. Right to advice by counsel outside of the interview.

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2. The investigator shall inform the employee whether they are being interviewed as a witness or an involved party.

3. If at any time the nature of the investigation encompasses criminal matter where the employee could be criminally charged, the employee shall be informed they are being interviewed as a suspect, and shall have the right to constitutional warning, privilege against self-incrimination, and right to counsel.

4. The employee shall enjoy reasonable freedoms during the investigation, including smoking, drinking, restroom privileges, and telephone calls.

5. The investigator shall in no way subject the employee to harsh, abusive language or humiliating treatment and if said treatment occurs, the exception shall be recorded in the interview record.

6. Interviews must be related to the act alleged.

7. The employee must answer all questions truthfully and not withhold any pertinent information.

8. Any employee attempting to influence or interfere with an investigative action, other than through prescribed channels, shall be subject to disciplinary action.

9. In investigative actions where citizens of the community are contacted as to the character of the employee at the request of the employee being investigated, it shall be the responsibility of the investigator instituting such interviews to re-contact the citizen and advise them of the outcome of the investigation.

10. The Sheriff has the authority to require an employee to take a polygraph for the purposes of an investigation.

11. Employees shall not be required to sign any document indicating that they were not under duress when undergoing a polygraph examination at the direction of the Sheriff.

12. In polygraph examinations, except for preliminary control questions, questions must be specifically addressed to the particular allegations charged in the original investigation.

13. Employees shall have the right to know if their OPR interview is being recorded. They shall also:

a. Have the right to bring their recording device to the interview.

b. Both parties must be aware of all recordings.

c. The device must be in full sight.

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d. If the recorded interview is to be used in an OPR case investigation, it will normally be reduced to writing.

e. If the employee requests a copy of their transcript:

(1) the employee shall be furnished with a transcript or recording of their interview.

(2) they must initial the transcript for error.

(3) said employees must sign the transcript under the seal of a notary.

14. All internal affairs investigations shall be used exclusively by administration and shall not be released to outside agencies without the permission of the Sheriff.

D. Right to Counsel

All employees shall have the right to represented by counsel, at no cost to the employee, when civil suits are instigated against them as a result of a situation arising out of the normal duties required by their position, providing they are acting within the scope of their assignment.

E. Internal Investigation Warning

The following warning shall be given to any employee before the interview begins:

“You are advised that you are being questioned as part of an official investigation of the Sheriff’s Office. You will be asked questions specifically directed and narrowly related to the performance of your official duties or fitness for office. You are entitled to all the rights and privileges guaranteed by the laws of the State of Texas and the United States of America and rules and regulations of the Hays County Sheriff’s Office. You are further advised that if you refuse to testify or to answer questions relating to the performance of your official duties or fitness for duty, you will be subject to Sheriff’s Office disciplinary action which could result in your dismissal from the Sheriff’s Office. These statements may be used against you in relation to subsequent Sheriff’s Office administrative charges.”

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EXHIBIT D SHERIFF’S PERTINENT EXISTING POLICIES

AS OF THE EFFECTIVE DATE

204.00 ACCIDENT REVIEW BOARD 204.01 DEFINITIONS

A. The Accident Review Board is responsible for reviewing all Sheriff’s Office vehicle accidents or incidents for the purpose of determining all relevant facts relating to cause and a ruling of chargeable or non-chargeable.

1. A vehicle accident is defined as any collision between any two (2) or more vehicles, a vehicle and an object, or a vehicle and a pedestrian (excluding wild or domestic animals). 2. An incident is defined as any action other than a vehicle accident, resulting in damage to the Sheriff’s vehicle, or any other property damaged by the Sheriff’s vehicle. The supervisor having such damage reported shall complete necessary employee-involved accident forms and any necessary attachments concerning the damage and distribute as directed. All such incidents that are deemed necessary by the appropriate Bureau Captain or his designee, as outlined in this order shall be reviewed by the Accident Review Board with a ruling of chargeable or non-chargeable and preventable or non-preventable, decided by that board.

B. The Accident Review Board shall consist of one (1) sergeant, who will serve as the chair, facilitates meetings, one (1) sergeant, one (1) detective/corporal, two (2) deputies and the Inventory Specialist from the Support Services Bureau, who will perform the duties as the Accident Review Board Coordinator, Historian and Records Depository. C. Members of the board shall be briefed by the accident review board Coordinator in the operational procedures of the board before being given the responsibility of reviewing accident/incident packets or serving as chair. D. The chair shall be responsible for conducting the board meetings and ensuring that all aspects of the accident/incident cases are reviewed. It shall be the accident review board coordinator’s responsibility to prepare documentation relating to findings of the board on each accident/incident reviewed. Such documentation shall contain the board’s conclusions and recommendation as to the classification of the accident, and evidence and explanations to support these findings. E. The Accident Review Board Inventory Specialist shall be responsible for maintaining a records system on all decisions and recommendations of the board as well as:

1. Ensure that board meetings are scheduled and all affected persons notified. 2. Inform affected employee when their accident will be reviewed and that, at their discretion, they may attend the hearing. 3. Ensure that all information relating to the accident is available to board members. 4. Attend all meetings as a non-voting member. 5. Serve as liaison for the Accident Review Chair and its members.

204.02 FUNCTIONS A. The Accident Review Board shall meet monthly, or as needed if there are no accidents to review during any given month, at a location, time, and date set by the accident review board Coordinator.

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B. The Accident Review Board shall classify all accidents and incidents investigated for classification purposes as follows:

1. Preventable - the employee is found to be in violation of a traffic law or Sheriff’s Office regulation which is a contributory factor in the accident. Consideration will be given to whether the vehicle was being operated in such a way as to make reasonable allowances for prevailing road, weather, and traffic conditions, light variables, vehicle condition, driver condition, and the mistakes of others in an effort to avoid involvement in an accident. The Accident Review Board shall include the specific law violated by using the Texas Transportation Code and/or the Sheriff’s Office regulations. 2. Non-Preventable - the employee is found not to be in violation of a traffic law and/or Sheriff’s Office regulations.

C. Damages to Vehicles: Amount of damages shall be determined by the Hays County Sheriff’s Office Vehicle Fleet Supervisor and/or outside adjuster, when necessary. It shall be the responsibility of the reporting employee/supervisor to personally deliver the vehicle, if drivable, to the Sheriff’s Vehicle Service Shop and report in person or electronically to the Vehicle Fleet Supervisor immediately after any accident/incident. If the vehicle is not drivable, it will be towed to the Vehicle Service Shop, unless the Vehicle Fleet Supervisor has provided the wrecker company other instructions as to the location to where the vehicle is to be taken. The fleet supervisor or designee shall obtain wrecker damage estimates and repairs. Release of the vehicle will require the approval of Vehicle Fleet Supervisor. When mechanical failure is suspected to be the cause of an accident/incident, the supervisor will be responsible to ensure that the vehicle is towed to the Vehicle Service Shop and a written report is forwarded to the respective Captain under whom the employee who had the accident works. If the employee involved in the accident is a Captain or employee of higher rank, the report will be sent directly to the Sheriff. An inspection shall be performed by a Vehicle Maintenance Technician or outside mechanical specialist if necessary and a written report confirming or denying the failure shall be submitted by the technician or mechanic through the proper channels, including a copy to the Accident Review Board Inventory Specialist for placement in the employee’s accident packet. D. Accident Review Board findings:

1. In accidents in which an employee’s conduct is such that the Sheriff’s Office safety rules and regulations are jeopardized, removal from driving status as well as other appropriate corrective action may be considered for recommendation to the employee’s supervisor. Examples: a. Drinking; Illegal drug use; legal drug use without regard for the side effects of the medication. b. Irresponsible action - when it pertains to securing proper rest. c. Misuse or destruction of police equipment. d. Failure to report an accident/incident. e. Misstatement of facts concerning an accident or incident. f. When competent medical opinion indicates that a physical or mental condition exists that would render an individual unsafe to operate a vehicle for the Sheriff’s Office. g. Flagrant disregard for the law, public safety, and the rules, regulations, and procedures contributing to an accident. h. Employee history of frequent minor/major accidents 2. Copies of the board’s findings shall be forwarded by the accident review board Coordinator within ten (10) days to:

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a. The affected employee’s immediate supervisor, reviewing the board’s findings will forward a written report detailing any additional information, including any recommendations that might be needed by the Bureau Captain in making any disciplinary recommendation or procedural decision. A meeting will be conducted between the affected employee and the Division Lieutenant/Director any time there is any recommendation employee discipline suspension. All documents shall follow the chain of command to the Bureau Captain, who shall make any formal, necessary, disciplinary recommendations. All collision documents will be forwarded to the Chief Deputy for disposition. b. The Accident Review Board Inventory Specialist will retain a copy for the employee’s personnel file. 3. Accident determinations shall not be finalized until the board’s findings have been passed through the chain of command and all recommendations presented to the Chief Deputy. a. If the Bureau Captain or Division Lieutenant/Director does not agree with the conclusion of the board, he/she may have the matter reconsidered by a request through the Chief Deputy. 4. If there is a contention or suspicion of mechanical failure, final decision of that failure shall be determined only after a careful review by the Hays County Sheriff’s Vehicle Fleet Supervisor in conjunction with the Chief Deputy.

311.00 CRASH INVESTIGATION 311.07 CRASHES INVOLVING SHERIFF’S OFFICE VEHICLES A crash is defined as the violent coming together of two things with possible destructive results.If the crash is intentional, it is not an accident.

A. Damage to County Vehicles. 1. The Department of Public Safety shall be notified for any crash resulting in a fatality that involves a Sheriff’s Office or county vehicle. The Department of Public Safety will be responsible for administration of all blood/breath tests in such cases. Employees may be subject to testing for administrative reasons. 2. Investigation of crashes involving Sheriff’s vehicles must include photographs of the scene and damage to all vehicles and property involved. The supervisor will complete the Accident/Incident Report on all crashes resulting in damage to Sheriff’s vehicles. A formal crash report will be required on all crashes resulting in damage to any one vehicle or stationary object, or there is injury or death to any person as a result of the crash. 3. Notification of Crashes a. All crashes must be reported immediately by the deputy. The driver should inspect all suspected damage or where contact is made to ascertain whether or not any damage has been caused. b. Crashes shall be reported as soon as possible to the dispatcher, supervisor, and the Vehicle Fleet Division, utilizing the proper form. c. Crashes outside of the Hays County must be reported to the agency with jurisdiction for a formal crash report. If within Hays County and the agency with jurisdiction refuses, the on-duty supervisor will report to the scene and complete a formal crash report to be used for departmental purposes only. If the crash occurs in a jurisdiction where it is impractical

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for a supervisor to make the scene and the agency refuses, the supervisor will direct the deputy to exchange information and take photographs as necessary. 4. The deputy driving when the crash occurs should attend the equipment and complete a driver information form, collect the names, addresses and telephone numbers of all persons at the scene, and, if possible, do not move the vehicle until the investigating deputy and supervisor arrive. Do not discuss the facts of the crash with anyone except the investigating deputy and supervisor. Make no statements admitting fault, authorizing repair, or committing yourself or Hays County in any way. The driver must remain at the scene until directed to leave by their supervisor, unless they must leave for medical attention. 5. If the Sheriff’s vehicle is rendered inoperable, the field supervisor will arrange for the removal and safekeeping of the Sheriff’s vehicle, any weapons, and other portable emergency equipment. 6. If a peace officer or fire fighter is involved in a crash during an emergency response and while driving a law enforcement vehicle or fire department vehicle in pursuit of duties as a peace officer or fire fighter, the supervisor will request that the Department of Public Safety respond. 7. Any vehicle damage will be reviewed by the chain of command and the Accident Review Board.

311.08 COMPLETION AND DISTRIBUTION OF ACCIDENT/INJURY REPORT A. It will be the responsibility of the investigating supervisor to obtain the information necessary for the completion of the Accident/Injury Report form. B. The investigating field supervisor will submit the original to the Division Lieutenant for review and continuation through the chain of command. Copies will be placed in the unit vehicle file maintained by the Inventory Specialist. The original will be forwarded to the Chief Deputy for review. C. The reporting supervisor or driver is responsible for delivery of the damaged vehicle to the shop.

311.09 LATE CRASH REPORT It is the policy of the Hays County Sheriff’s Office not to investigate crashes when both parties have left the scene of the crash and one party later calls requesting a crash report be made. Exceptions to this procedure are:

A. When either party leaves the scene to call the Sheriff’s Office or pursues another party involved in the crash to get a description or license number and is returning to the scene to report the crash. B. When either party leaves the scene to seek immediate medical attention. C. Reasonable circumstances exist that caused either party to leave the scene and that party is going to return to the scene to report the crash. D. Deputies who are requested to work a crash that does not fit the above criteria shall issue a State Blue Form CR-2 to the reporting party with instructions that the form should be completed and mailed to the Texas Department of Public Safety in Austin, and offer reasonable assistance to the reporting party in completing the form.

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311.10 INCIDENT (VEHICLE DAMAGE) Incident is defined as anything involving damage caused to any Hays County Sheriff’s Office vehicle, or vehicle belonging to Hays County assigned the Sheriff’s Office, that is caused by any means not defined as a crash/collision. 311.12 CRASH RE-INVESTIGATION

A. No re-investigation of a traffic crash may be conducted by a deputy unless specifically authorized by a supervisor. B. Any supplement report to previously investigated traffic crashes must be approved by a supervisor electronically or by hand signature.

401.00 EMPLOYMENT PRACTICES 401.01 VACANCIES

A. All Personnel 1. The Support Services Captain will coordinate with the Human Resources Director to advertise job descriptions and job announcements. 2. The Human Resources Director will screen all applications received to ensure that all applicants meet the minimum standards and qualifications for the position. 3. The Human Resources Director is responsible for maintaining a current record of each applicant’s status in the selection process. 4. Applications for job vacancies may be rejected solely based on inadvertent omissions or deficiencies that can be corrected prior to the testing or interview process. 5. Intentional omission or deception on the application constitutes grounds for disqualification and future employment consideration. 6. The Human Resources Director is responsible for answering inquiries from applicants in a timely manner. 7. Employees assigned to conduct background investigations will keep the Human Resources Director appraised of each applicant’s status.

B. Process 1. Applications a. The Human Resources Director shall forward all applications to the Office of Professional Responsibility (OPR) for preliminary background check. Applicants approved by the OPR shall be forwarded back to the Human Resources Director for continued processing. 2. Testing (applicants must pass all tests to continue in the hiring process) a. Sworn-Personnel (1) Successfully take a written examination that will test general education and aptitude. (2) Prepare a written report. (3) Successfully pass a typing test. (4) Successfully complete a physical agility test. b. Correction Personnel (1) Successfully take a written examination that will test general education and aptitude. (2) Successfully complete a physical agility test. c. Civilian Personnel (1) Successfully take a written examination that will test general education and aptitude. (2) For Administrative positions, successfully pass a typing test.

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d. ECO Personnel (1) Complete the CritiCall electronic test. 3. Interview Board a. Interview boards shall normally consist of five rating members. Boards may consist of more or less members after consulting with the Human Resources Director. b. The Human Resources Director will schedule interviews with the applicants and notify the applicant and the board of the date, time, and place of the interviews. c. If any person currently assigned to the Bureau applies for an in-house vacancy position, the supervisor shall ensure that the interview panel is neutral and composed of persons other than supervisors and co-workers of the applicant. d. The Human Resources Director, assisted by the affected Bureau Captain, shall formulate all interview questions. e. Interviewers will document the responses received from the applicant. f. During the interview, all applicants will be treated equally and will be asked the same questions. However, the interviewer may ask different questions as a follow-up question to an answer or pertaining specifically to the applicant. The interviewer will not ask any inappropriate questions such as those relating to age, marital status, etc., or make any references to race, gender, ethnicity, religion, health, pregnancy, etc. g. Applicants will be scored by the Interview Board. These scores will be considered with the testing results to rank the applicants. h. A list will then be formed from the qualified applicants and will remain in effect for a pre-determined time frame (usually one year set forth by the Sheriff or his designee). i. This will be accomplished to keep a running list of qualified applicants should positions become available during the time the list is in effect. j. Applicants on the list will be contacted in the order that they rank and will be offered a position subject to the background investigation. 4. Background Investigation a. The background investigation will be conducted by a trained background investigator as expeditious as possible. The reports will be turned into the OPR. Once reviewed by the OPR, the packet will be forwarded to HCSO Human Resources. 5. Job Offer a. Once the Human Resources Director has given their approval, an official job offer may be made to the applicant by the Human Resources Director who then begins the hiring process.

401.03 RESIGNATION PROCEDURE FOR EMPLOYEES A. Notice of Resignation Employees desiring to resign their position with the Sheriff’s Office shall be required to complete the following procedure:

1. Resigning employees shall provide written notification addressed to the Sheriff. 2. Resigning employees shall present the written notification to their supervisor a minimum of two (2) working days prior to resigning for hand delivery through the chain of command. The supervisor shall deliver the notification to the Sheriff or designee within three (3) working days. The Sheriff shall indicate acknowledgment by signature, indicating both date and time. 3. Exceptions to the above policies are granted when the employee is physically unable to come to the Sheriff’s Office or geographically separated by an extreme distance. In these instances, the resigning employee shall be required to send notice of resignation via

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registered letter to the Sheriff. Electronic resignation may upon approval of the Sheriff be accepted.

B. Completion of Documents 1. Departing employees shall be required to contact the Human Resources Section and obtain the forms that must be completed when separating their employment. 2. The Human Resources Director will provide the employee with the Exit Interview for Voluntary Resignations form to complete. The completed form should be returned to the Human Resources Director for review. The Human Resources Director will then forward the form to the Chief Deputy for final review and disposition.

C. Return of Issued Equipment 1. All county-issued equipment must be returned at the time of resignation to the HCSO Inventory Specialist. a. Employees who fail to return any non-expendable equipment, or returns the equipment in such condition as to indicate misuse must provide reimbursement at the current replacement cost. Misuse shall be determined by the supervisor receiving the returned property. b. Lost, misplaced, or stolen articles declared at the time of resignation shall be cause for a report being made. Any employee making claims which they know are false shall be subject to legal action. The employee reporting the theft or loss shall be responsible for completing the necessary reports. c. Unless exception is granted by the Sheriff, all equipment must be returned no later than the last working day following the employee’s resignation. When equipment is not returned, the OPR shall be notified. 2. Exceptions to county equipment being returned shall be limited as follows: a. All retiring employees may elect to retain one (1) badge pursuant to General Order 503.03. However, retirees are specifically prohibited from using these items to indicate they are serving in an official capacity for the Hays County Sheriff’s Office.

D. State Licensing Notifications Payroll shall be responsible for submitting the necessary forms to the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) within ten (10) days after a sworn member resigns or retires from the Sheriff’s Office. E. Completion of Final Personnel Form

1. All resigning or retiring employees must ensure that the above steps are completed. Upon being notified by Human Resources that all forms have been submitted and detailing the equipment returned, the Human Resources Director shall produce the paperwork necessary for issuing an employee’s final paycheck.

401.04 REEMPLOYMENT OF PERSONNEL An employee who voluntarily resigns from the Hays County Sheriff’s Office may be given consideration for reappointment by the Sheriff without taking an entry-level examination or being placed on an eligibility list. Reemployment of personnel will be in accordance with all applicable Federal, State, County and Sheriff’s Office requirements and/or laws.

A. The Sheriff may reappoint the former employee as a vacancy occurs in an entry-level position. At the discretion of the Sheriff, the former employee may be required to complete an updated background investigation, drug screen, physical assessment, polygraph examination, and/or oral review board. The conditions for the reappointment of a former employee, as considered appropriate, may be established by the Sheriff.

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B. The Sheriff shall have sole discretion for the final reappointment of a former employee provided that the individual fulfills all requirements and standards required for employment as an employee. C. When the former employee’s license has been inactive for two (2) or more years, the former employee shall be required to update their TCLEOSE status, to include updating their training, psychiatric evaluation, and fit for duty physical by a physician. D. Reappointment shall be entry-level, at the discretion of the Sheriff in accordance with the General Orders, regardless of the rank of the former employee at the time of resignation. For promotion purposes, former employees may be rehired one time and retain the previous years of service. E. County personnel regulations and state law shall apply in matters regarding retirement benefits.

405.00 DISCIPLINARY APPEALS 405.01 PROCEDURE

A. The employee may file an appeal with the Sheriff within ten (10) days of a recommendation of discipline that are greater than a letter of reprimand. Reprimands and lesser disciplinary action are reviewed by the Chief Deputy and his/her decision is final. An appeal not brought within the time limit prescribed shall not be considered timely and shall not be appealable unless that time limitation is waived by the Sheriff.

1. The employee may be represented by any active employee of the Sheriff’s Office or representative legal counsel of their choice.

B. It shall be the responsibility of the Chief Deputy to ensure that all documents, records, or any other papers that form the basis for supervisory decisions in a disciplinary recommendation, are supplied to the Sheriff within five (5) days of the appeal. C. After receipt of the disciplinary packet, the Sheriff shall review the matter and a determination shall be made as to the action to be taken in regard to the matter addressed in the appeal. The Sheriff shall respond in writing to the employee within ten (10) days after the scheduled meeting with the employee. D. Upon receipt by the Sheriff of an appeal, any dispensing of discipline shall be postponed pending the resolution of the appeal.

410.00 DISCIPLINARY PROCEDURES 410.01 DISCIPLINARY PROCEDURES: SCOPE

A. All Sheriff’s Office employees shall be subject to disciplinary action for acts of misconduct. B. Misconduct is defined as any act committed or omitted as required by General Orders or Standard Operating Procedures.

410.02 DISCIPLINARY ACTION A. These are the options (not in any particular order) available to assist supervisors in managing/developing personnel:

1. Developmental Action Plan (DAP) a. Supervisors should handle minor, non-recurring infractions orally with the affected employee. This shall not require documentation. If the conduct of an employee should

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require a formal counseling session, a memorandum shall be used as a means of documenting undesirable work performance or behavior that may appear to be a recurring problem. These issues could also be noted in the employee’s yearly evaluation, at the supervisor’s discretion. b. Employee counseling sessions shall take place and documented no later than five (5) working days from the date that an incident is detected. c. The memorandum must include a description of the violation, including date and time, witnesses, what is expected from the employee to correct the situation, and subsequent actions that may take place if the employee fails to comply. d. The supervisor, employee, and any other persons present at the counseling session must sign the memorandum. The employee may provide written comments regarding the incident under separate cover, which must also be signed by all persons involved in the session. e. The employee may use the Sheriff’s Office Human Resources grievance procedure to contest any counseling session which they believe to be unjust. f. The employee and their immediate supervisor shall retain one (1) copy of the memorandum and any additional comments. g. The original documents shall be reviewed by the various higher levels of the chain of command, including the Bureau Captain, with each signing the document with their name, rank, and time of review. The review shall take no longer than ten (10) working days. h. Once reviewed and signed, the document shall be returned to the unit level only and placed in the employee’s personnel file. i. No counseling session reduced to writing shall be placed in an employee’s file unless it contains all necessary signatures involved in the review process. 2. Letters of Understanding (LOU) shall be utilized for clarity and some corrective measures. A LOU is a formal understanding citing improvements in specific areas of employee performance and/or workplace conduct. 3. Oral reprimand. Oral reprimands are administered to emphasize the seriousness of the violation and/or need for future avoidance of the violation. Annotation of the oral reprimand is made in the employee’s personnel file.

B. Disciplinary Actions include: 1. Written reprimand a. Written reprimands are used when the lieutenant/supervisor believes a corrective measure will be inadequate to accomplish the purposes of this policy. The recommendation of a written reprimand should include the proposed written reprimand, and is sent to the next higher organizational level for approval. 2. Suspension without pay a. Recommendations for suspension without pay are made for one or more days based on what the recommending supervisor believes will accomplish the purpose of this policy. b. Shall consist of a 24-hour period. All disciplinary suspension days shall be equal to a loss of pay for eight (8) hours. (1) Personnel assigned to ten (10) or twelve (12) hour shifts may use personal leave time for the additional hours of a shift or may choose to work the additional hours during a different shift(s) within the same pay period. 3. Demotion a. Recommendations for demotion are made when action is necessary to accomplish the purpose expressed in this policy.

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4. Dismissal a. Recommendations for dismissal are made when action is necessary to accomplish the purpose expressed in this policy.

C. The following rules are causes for disciplinary action, including dismissal or suspension for employees.

1. Conviction of a felony or a crime involving moral turpitude. 2. Acts of incompetency. 3. Neglect of duty. 4. Discourtesy to the public or to fellow employee while the employee is in the line of duty. 5. Acts showing lack of good moral character and not telling the truth (lying). 6. Drinking intoxicants or prohibited drug use/abuse while on-duty. 7. Conduct prejudicial to good order IE: insubordination and failure to obey lawful orders of supervisor. 8. Refusal or neglect to pay just debts. 9. Absence without leave. 10. Shirking duty or cowardice. 11. Violation of any of the rules, regulations, or any orders of the Sheriff’s Office.

410.04 PERSONNEL COMPLAINT

A. A personnel complaint is an allegation, received from any source, of misconduct by a Sheriff’s Office employee. B. All personnel complaints shall be accepted and a Personnel Complaint shall be completed without unnecessary, usually the same work day but no later than the following day regardless if it is a holiday or weekend, delay whenever:

1. The complaint is of misconduct of a nature which, if true, would normally result in a form of disciplinary action outlined in General Orders. 2. The complaint is received from a source outside the Sheriff’s Office or the alleged violation involves an incident of serious nature.

C. Whenever an employee who is not a supervisor becomes aware, either through personal observation or other means, of possible misconduct they shall, if applicable, take corrective action to preclude continuation or escalation of the incident and shall immediately notify a supervisor. D. When any supervisor becomes aware of possible misconduct, either through personal observation or other means, the supervisor shall take action to prevent continuation or aggravation of the incident. The supervisor shall also conduct a preliminary investigation, which shall include, when applicable:

1. Names, identification numbers, and assignments of all involved employees, including employees who are witnesses. 2. Names, addresses and telephone numbers of the complaining person and any known witnesses to the incident who are not department employees. Times, locations, and business and residential telephone numbers where these individuals may be contacted shall be indicated. 3. A statement from the complaining person obtained by an interview of that person by the reporting supervisor. 4. Comprehensive and scale photographs of actual or claimed injuries to the complaining person. Photographs shall be taken in all cases involving allegations of excessive force.

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5. Any available information regarding medical treatment obtained by the complaining person as a result of the incident. 6. The disposition of any evidence obtained.

E. When warranted, the allegation of misconduct shall be reported on a Personnel Complaint form.

1. The Personnel Complaint form shall contain the following information: a. Names, identification numbers, and assignments of all involved employees, including employees who are witnesses. b. Name, address and telephone numbers of the reporting person. Times, locations, and business and residential telephone numbers where this individual may be contacted shall be indicated. c. Name, address and telephone numbers of the person or persons the alleged misconduct is against, if different from that of the complaining person. Times, locations, and business and residential telephone numbers where this individual may be contacted shall be indicated. d. Narrative detailing the reporting party’s allegation. e. Signature of the interviewing supervisor. f. Signature of the reporting party. (1) If the reporting party refuses to sign the form or cannot sign the form for a compelling reason, such as incapacity or the person lives a considerable distance outside the county, the interviewing supervisor shall include the reason for not obtaining the signature in the narrative portion of the form. In instances where a valid reason exists for not obtaining the reporting party’s signature, for the purposes of the Texas Government Code, Chapter 614.022 and 614.023, the signature of the interviewing sergeant in the “Reporting Party” block will be considered a valid substitute for the signature of the reporting party. (2) If the supervisor becomes aware of the misconduct through personal observation or the misconduct is of a nature whereby the complaining party is the administrative entity of the Sheriff’s Office, the reporting supervisor shall sign the Personnel Complaint form as the “Reporting Party”. g. Information on witnesses who are not Sheriff’s Office employees and investigative results, other than the reporting party’s statement, shall not be included in the Personnel Complaint form. Such information shall be documented in a separate memorandum and directed to the employee’s chain of command. 2. The reporting supervisor shall forward the completed Personnel Complaint form in the following manner: a. The original shall be sent through the chain of command. b. A copy shall be sent to the involved employee’s Bureau Captain.

F. The OPR shall ensure the assignment of a permanent investigation number to a received Personnel Complaint form and shall provide the number to the involved employee’s Bureau Captain. G. Minor incidents which will not reflect discredit upon the Sheriff’s Office, but which indicate a need for some form of corrective action and/or training, may be dealt with by the involved employee’s immediate supervisor with the review and concurrence of the involved employee’s Bureau Captain. H. A Personnel Complaint form shall not be completed when complaints are solely against Sheriff’s Office policies or procedures. If a complaint is determined to be concerning Sheriff’s Office policies or procedures and no misconduct is indicated, and the incident

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cannot be explained to the complaining person’s satisfaction, that person shall be referred to the organizational entity having administrative control over the subject matter. I. Complaints from Intoxicated Persons or a Third-Party Source will be received at the supervisor’s discretion.

1. When a personnel complaint is received from an intoxicated person, a Personnel Complaint form shall be prepared and processed, without the complaining person’s signature. The complaining person shall be re-interviewed at the earliest opportunity after having regained sobriety by the supervisor assigned the investigation. During the re-interview, the complaining person shall be asked to sign the Personnel Complaint form. 2. When a Personnel Complaint is received from a third-party source, a complaint form shall be prepared and processed. The third-party source shall be asked to sign the Personnel Complaint form as the reporting party. 3. In either event, unless the personnel complaint is validated by subsequent interview of the intoxicated person or an actual party to the incident, the final disposition of such complaint shall not be listed on an employee’s OPR record. All reports related to such complaints shall be filed as miscellaneous memorandums by the OPR.

J. A Personnel Complaint form shall not be completed on personnel complaints received from anonymous sources; however, when information is received by a supervisor which originated from an anonymous source, the supervisor shall complete an Inter-Office Memorandum detailing the information received and forward it to the OPR.

1. If the information received is of a nature that would jeopardize the integrity of an investigation by being reduced to writing, it shall be handled in accordance with General Orders. 2. If the information received describes misconduct of a nature which, if true, would normally result in a form of disciplinary action outlined in General Orders, a preliminary investigation will be conducted. 3. When warranted, the allegation of misconduct shall be reported on a Personnel Complaint form. If the identity of the anonymous reporting party cannot be determined or the reporting party, if identified, refuses to sign the Personnel Complaint form, for the purposes of the Texas Government Code, Chapter 614.022 and 614.023, the signature of the investigating supervisor in the “Reporting Party” block will be considered a valid substitute for the signature of the reporting party.

410.05 DISCIPLINARY PROCEDURES: SENSITIVE INVESTIGATION A. When a personnel complaint or incident is of a nature that the integrity of the investigation may be compromised or jeopardized by reducing the incident to writing, the reporting supervisor shall immediately report the incident to their Bureau Captain, who shall report said incident to the OPR. B. If the reporting supervisor has reason to believe the integrity of the investigation may be compromised by passage through normal channels, the supervisor shall personally report the incident directly to the OPR. C. When immediate action is required or the seriousness of the incident is such that it may subject the Sheriff’s Office to severe criticism or liability, the reporting supervisor shall provide immediate notification to the involved employee’s Bureau Captain and to the OPR.

1. In incidents of this magnitude, the Bureau Captain may temporarily relieve the involved employee from duty, with pay, and shall, when applicable, take custody of the employee’s badge, identification card, any department-issued duty weapon, vehicle, and department issued equipment to include access cards and/or door keys.

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410.06 DISCIPLINARY PROCEDURES: COMMAND RESPONSIBILITIES A. Supervisors/Commanders who become aware of alleged misconduct shall:

1. Ensure that a Personnel Complaint form is prepared without unnecessary delay and signed by the interviewing supervisor and the reporting party. 2. Ensure that an appropriate preliminary investigation has been completed. 3. Ensure that all complaint forms, copies, and related reports are forwarded to the appropriate personnel as described in General Orders and that all notifications required are completed.

B. Division Lieutenants have the primary responsibility for investigating personnel complaints made against employees of their commands. A Bureau Lieutenant who becomes cognizant of any allegation of misconduct shall monitor all resulting activities and shall ensure that personnel under their command have fulfilled their responsibilities provided in this order. A Bureau Captain may request that the OPR conduct an investigation on any allegation of misconduct or personnel complaint.

410.07 DISCIPLINARY PROCEDURES: OPR RESPONSIBILITIES A. The OPR shall act in a staff advisory capacity when necessary. The OPR Inspector may assume responsibility for the investigation of any personnel complaint when, in the opinion of the Inspector, it is advisable to do so. B. The OPR shall assume responsibility for a personnel complaint when:

1. It has been alleged an employee has committed any felony or Class A or B misdemeanor. 2. The allegation of misconduct is against employees of more than one Bureau. 3. The investigation involves an allegation of unreasonable force.

C. The OPR has the authority to obtain the advice and assistance of any Sheriff’s Office entity. OPR usually conveys such requests through the Bureau Captain. However, during exigent circumstances OPR requests will be honored at any employee level.

410.08 ARRESTED SHERIFF’S OFFICE EMPLOYEE A. If an employee of the Sheriff’s Office is detained or arrested for any criminal offense within Hays County, the deputy detaining or arresting the employee shall immediately notify their supervisor. B. A supervisor who has been notified that an employee of the Sheriff’s Office has been arrested or detained shall immediately proceed to the scene and shall ensure that the entire Sheriff’s Office chain of command is immediately notified. C. The HCSO Criminal Investigation Division or the appropriate specialized investigative unit shall conduct an investigation whenever an employee is arrested for or believed to be a principal suspect in a felony, class A or B misdemeanor offense. When applicable, they shall be responsible for submitting the criminal case to the District Attorney for consideration of criminal prosecution. The OPR may conduct a parallel administrative investigation but will not have any part or role in the criminal investigation. D. When any employee of the Sheriff’s Office is detained or becomes aware that they are believed to be the principal suspect in a criminal offense, other than minor traffic violations committed outside Hays County, the employee shall as soon as possible notify the on-duty supervisor. E. When any employee of the Sheriff’s Office becomes aware that another employee has been detained or is believed to be a principal actor in a criminal offense, other than minor

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traffic violations committed outside the county, the employee shall immediately notify an on-duty supervisor. F. Any supervisor who is notified regarding the detainment or arrest of an employee by another law enforcement agency, other than minor traffic violations, shall ensure that immediate notification is made to the OPR and to the Bureau Captain of the involved employee. G. An OPR investigator may respond to the scene or to the indicated outside agency when the incident involves an alleged felony, class A or B misdemeanor.

1. A supervisor from the involved employee’s Bureau of assignment may respond on alleged class C misdemeanor violations if the violation is of a magnitude to require immediate investigation. a. Regardless of whether a supervisor responds to the scene, a memorandum shall still be prepared and processed. 2. The responding supervisor shall conduct a preliminary investigation and a memorandum shall be prepared and processed as described in General Orders. 3. The responding supervisor shall advise concerned members of the outside agency that the preliminary investigation is for internal administrative purposes only and that any evidence obtained by the responding supervisor solely as a result of interviewing the involved employee shall not be disclosed to the agency conducting the criminal investigation. Responding Hays County Sheriff’s Office personnel shall exercise extreme care not to interfere with the investigation of the outside agency.

410.09 DISPOSITION OF ADMINISTRATIVE INVESTIGATIONS

A. Administrative investigations which may result in disciplinary action, whether conducted by the OPR or the involved employee’s Bureau of assignment, shall be completed within thirty-one (31) calendar days from the date the complaint is received or initiated. Note: Because of the complicated nature of some investigations, the investigation deadline may be waived by the Chief Deputy, or Sheriff. B. The review by the chain of command, including letters of transmittal, shall be completed within fifteen (15) calendar days of the date the investigation is completed or the date the investigative report is received from the OPR. C. A completed investigation shall be submitted to the involved employee’s Bureau Captain by the supervisor of same, and shall include a summary of facts prepared by the supervisor with an appropriate conclusion, classifying each specific act of misconduct into one of the following categories:

1. Unfounded: The investigation reveals sufficient evidence to believe the act did not occur. 2. Exonerated: The investigation reveals the act occurred but was legal, proper, and justified. 3. Not-Sustained: The investigation discloses insufficient evidence to believe the act either did or did not occur. 4. Sustained: The investigation discloses sufficient evidence to conclude the act occurred.

D. When an investigation subsequently discloses additional allegations of misconduct which were not described in the original personnel complaint and the classification of the original complaint is other than sustained, a new notice of allegations will be prepared and submitted to suspect officer. When any allegation of misconduct in the original personnel complaint is sustained, the new allegations may be recorded as separate supplemental charges in the investigative report for the original complaint.

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E. If any allegation of misconduct is sustained, the first-line supervisor shall: 1. Prepare the summary report with the supervisor’s recommendation for disciplinary action. 2. Discuss the findings and recommendation for disciplinary action with the involved employee in person, documenting the meeting in the summary report. 3. Forward the completed investigation and summary report for review by the chain of command.

F. When a completed personnel complaint investigation is forwarded for review, each ascending level of the chain of command shall endorse the investigation indicating either approval or disapproval for the conclusions and recommendations of the previous review level. Any level of the chain of command disapproving the recommendations or recommending some other form of disciplinary action of the previous review level shall personally discuss their recommendations with the involved employee, documenting the meeting in the report. G. Upon completion of the review, the personnel complaint, along with related reports, shall be forwarded to the involved employee’s Bureau Captain. H. A Captain receiving a completed personnel complaint shall review and endorse the packet, indicating approval or disapproval for the conclusions and recommendations of the Bureau Captain. Upon completion of this review, the completed personnel complaint investigation and all related documents shall be forwarded to the OPR. I. Under no circumstances shall any level of review change or require a change in conclusions and/or recommendations of another. J. If any level of review determines that additional investigation is required, such requests shall normally be conducted by the supervisor conducting the original investigation upon approval of the Bureau Captain or OPR. K. At the end of the investigation and subsequent review by the chain of command, the complaint and all facts revealed by the investigation shall be discussed with all employees against whom allegations of misconduct have been made.

1. When the disposition of the matter results in a recommendation for a suspension without pay, the involved employee’s Bureau Captain shall personally conduct the discussion. 2. In the case of any other finding, the discussions may be conducted by the employee’s lieutenant or immediate supervisor. 3. The Chief Deputy or the Sheriff may change the recommendations to a higher or lower level of discipline that has been discussed with the employee. When executive decisions lower or elevate disciplinary actions the Chief Deputy and/or Sheriff generally meet with the effected employee and a representative from Human Resources to explain their decision and the employee’s options, if any. 4. Suspension letters shall be served by the Sheriff, Chief Deputy, or the Captain of the involved employee. Personnel administering discipline shall ensure that the employee fully understands the basis for the suspension as well as the employee’s appeal rights. An acknowledgement that the employee received and understood this information shall be completed and forwarded to the OPR to be placed in the file. Upon final disposition a copy of the employee’s discipline is placed in their personnel file by Human Resources.

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411.00 RESTRICTED DUTY Employees may be placed on restricted duty for reasons to include, but are not limited to, the failure to qualify firearms, health reasons and serious allegations of misconduct. 411.01 RANGE OF RESTRICTED DUTY

A. Employees placed on restricted duty may be assigned to duties other than Enforcement or Corrections at the Sheriff’s Office. Deputies on restricted duty may have full, limited or no police authority. Restrictions of peace officer authority are generally decided by the Sheriff or Chief Deputy. However, a Bureau Captain in exigent circumstances may limit peace officer authority. All limitations are conducted face to face and in writing delimitating any limitation.

411.02 PLACEMENT OF AN EMPLOYEE ON RESTRICTED DUTY STATUS A. Employees will be placed on restricted duty when their actions or use of force in an official capacity result in death or serious bodily injury to another person. B. Employees may be placed on restricted duty at the discretion of the Sheriff or Chief Deputy.

411.03 DUTY RESTRICTIONS A. Any limitation placed upon a restricted employee will be listed on their written order placing that employee on restricted duty. Restrictions may include, but are not limited to, the fact the employee will:

1. Not enforce any laws or ordinances; 2. Not work any Law Enforcement-Related Secondary Employment; 3. Report to a designated supervisor at specified times; 4. Be assigned clerical or other duties; 5. Not access information contained in HCSO files or computer systems. 6. Remain at their work station during duty hours unless on approved leave. 7. Employees must report to their designated supervisor if they leave their work station for more than reasonable breaks. 8. Furnish their designated supervisor and OPR with a phone number where the employee can be reached during normal business hours; and 9. Not carry a firearm for enforcement reasons.

411.04 PLACEMENT PROCEDURES A. Any Lieutenant or Sergeant in employee’s chain-of-command may place an employee on restricted duty status using the following steps:

1. The employee will be issued a written direct order immediately placing them on restricted duty and listing all restrictions being placed upon the employee. 2. The employee will acknowledge the order by signing their name. 3. If required to do so, the employee will turn in to their supervisor any Sheriff’s Office issued equipment such as, but not limited to, their badge, HCSO identification, and any Sheriff’s Office-issued firearms, keys or access card. 4. The employee will receive a receipt for all property turned in. 5. The property will be retained by the employee's supervisor or may be stored at the Sheriff’s Office as directed by the Bureau Captain, OPR or Chief Deputy.

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B. When practical, these procedures will take place in private, with usually only the employee, the employee's supervisor(s), and, if requested, OPR, present. C. Employees should be assigned to regular daytime hours to maintain accessibility for the investigator. D. Upon request, Bureau Captain or OPR will assist supervisors with paper work placing employees on restricted duty. E. The restricted duty status and appropriate paperwork will become part of the OPR investigative file. F. The Chief Deputy will be notified of the placement as soon as practical. G. During suspensions the employee’s Bureau Captain may request the employee’s HCSO computer access be suspended.

411.05 RETURN TO FULL-DUTY STATUS A. An employee may be returned to full-duty status only upon:

1. The conclusion of the investigation, or suspension. 2. By order of a court. 3. By order of the Sheriff or Chief Deputy. 4. Employees, when reinstated to full-duty status, will be given written documentation to reflect the change in status which will be made part of the OPR investigative file. The employee will acknowledge the documentation with their signature and will be given a copy of the signed form.

B. The employee’s supervisor will ensure any HCSO equipment and property is returned when the employee is reinstated to full-duty status. The supervisor will request the employee’s access to

HCSO computer systems be reinstated if it was restricted.

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EXHIBIT E METHODOLOGY FOR UPDATED PAY PLAN

On or about April 1, 2018 the County shall reassess the Pay Plan by utilizing the methodology included in this Exhibit. Included in this Exhibit are the following:

“Market Reconciliation Methodology” is a methodology utilizing market data to achieve

market reconciliation for the Hays County Officers. “Market Data Worksheet” is compilation of market data from the market sources agreed

to by both parties. “Pay Plan Summary” is the current pay plan including market reconciliation details

developed by the methodology.

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Market Reconciliation Methodology

Market Source Participants – A list of market source participants has been agreed to by HCLEA and Hays County Staff, these agencies and their respective compensation rates are included in the Market Data Worksheet.

Market Data Worksheet – The worksheet includes initial, midpoint and final hourly rates for each Market Source Participant position. It also details average hourly rates and the proposed hourly rates for Hays County.

IHR – Initial Hourly Rate

MBS – Merit Based Step

FHR – Final Hourly Rate

MHR – Midpoint Hourly Rate = (IHR + FHR) / 2 + IHR

AMHR – The average MHR of all Market Source Participants for each position.

TMSP – The Total number of Market Source Participants for each position (see the Market Data Worksheet for more details). The total includes Hays County.

Data from all Market Source Participants has been included in the Market Data Worksheet. This data has been used to develop a proposed pay scale for Corrections Officers and Law Enforcement Officers

The IHR for each Law Enforcement and Corrections Position has been set at the average of the Market Source Participant IHRs for that position. An MBS percentage increase for each year of service has been applied for each position in order to achieve an MHR consistent with the AMHR.

Two tests have been developed to measure Market Reconciliation. The Midpoint Rank is the first test used. The MHR of the Hays County position is compared to each of the other market source position MHRs. The MHR of each Market Source Participant including the proposed Hays County MHR are ranked with the highest MHR receiving the rank of (1), the second highest MHR receiving a rank of (2), continuing until all MHRs have been ranked. If Hays County’s MHR is higher or equal to ½ plus 1 of the TSMP then market reconciliation is achieved. The Midpoint Rank is depicted as the rank of Hays County’s MHR over TSMP.

If the Midpoint Rank test is not met then a second test for comparison is used. The Percent Midpoint test is the MHR of the Hays County position divided by the AMHR for that position. In order to achieve market reconciliation, the Hays County MHR must be greater than or equal to

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95% of the A MHR. The Percent Midpoint test is used only in the event the Midpoint Rank test is not satisfied.

If neither test is satisfied the IHR, the MBS, or a combination of the two must be increased until Market Reconciliation has been met. Market Reconciliation will have been determined by applying the Midpoint Rank test and the Percent Midpoint test if needed.

Example 1:

Midpoint Rank

The MHR of the Hays County Corrections Officer position is $19.67/hour. The Hays County Corrections Officer MHR is compared to the other 8 market sources (see the Market Data for Worksheet further detail) with a Corrections Officer position.

Rank Market Source Participant MHR 1 Travis $25.44/hr 2 Comal $20.86/hr 3 Collin $20.37/hr 4 Williamson $19.69/hr 5 Hays County $19.67/hr 6 Tarrant $19.36/hr 7 Denton $18.61/hr 8 Bexar $17.73/hr 9 McLennan $17.64/hr

The MHR of the Hays County’s Corrections Officer is the 5th highest out of 9 total market source participants (TMSP). Applying the Midpoint Rank test results in the following:

½ X 9 = 4 ½

4 ½ + 1 = 5 ½

5 is less than or equal to 5 ½

In order for the Midpoint Rank test to be satisfied, the Hays County Corrections Officer MHR must be within the top 5 MHRs for Correction Officers. Since the Hays County Corrections Officer MHR is at least the 5th highest or equal to the 5th highest, the Midpoint Rank test has been satisfied and the Percent Midpoint test is not required.

141

Example 2:

Midpoint Rank

The MHR of the Hays County Corrections Corporal is $23.26/hour. The Hays County Corrections Corporal MHR is compared to the other 7 market sources with a Corrections Corporal.

Rank Market Source Participants and Hays County

MHR

1 Travis $27.65/hr 2 Tarrant $27.20/hr 3 Comal $25.42/hr 4 McLennan $23.85/hr 5 Hays County $23.26/hr 6 Bexar $21.34/hr 7 Denton $21.30/hr - Collin N/A - Williamson N/A

The MHR of the Hays County’s Corrections Corporal is 5th highest out of 7 total market source participants (TMSP). Applying the Midpoint Rank test results in the following:

½ X 7 = 3 ½

3 ½ + 1 = 4 ½

5 is not less than or equal to 4 ½

In order for the Midpoint Rank test to be satisfied the Hays County Corrections Corporal MHR must be within the top 4 MHRs for Correction Corporals. Since the Hays County Corrections Corporal MHR is only the 5th highest, the Midpoint Rank test is not satisfied and the Percent Midpoint test must be used.

Percent Midpoint

The Hays County Corrections Corporal MHR of $23.26/hour is divided by the AMHR of $24.46/hour for the Corporal position.

$23.26 / $24.46 = .9509

The Hays County Corrections Corporal MHR is 95.09 % of the AMHR. Since 95.09% is greater than or equal to 95%, the Percent Midpoint test has been satisfied.

142

Market Source Participant Market Source PositionParticipant Initial Hourly

Rate (IHR) Participant MidPoint

(MHR) Participant Final Hourly Rate (FHR)

Corrections Officer Cadet1

Hays County Proposed N/A N/A N/ABexar Deputy Sheriff-Det. Cadet 15.05 n/a n/aCollin No match n/a n/a n/aComal No match n/a n/a n/aDenton No match n/a n/a n/aMcLennan No match n/a n/a n/aTarrant No match n/a n/a n/aTravis Corrections Cadet 18.71 18.90 19.09Williamson No match n/a n/a n/a

Average2 16.88 18.90 19.09

Corrections OfficerHays County Proposed 16.50 19.67 22.84 5Bexar Deputy Sheriff-Detention 15.76 17.73 19.70 8Collin Detention Officer 16.92 20.37 23.81 3Comal Corrections Officer 16.97 20.86 24.74 2Denton Detention Officer I 14.89 18.61 22.33 7McLennan Jailer 13.90 17.64 21.38 9Tarrant Officer, Detention 16.50 19.36 22.21 6Travis Corrections Officer 21.33 25.44 29.55 1Williamson Corrections Officer 15.76 19.69 23.63 4

Average2 16.50 19.96 23.42 Total 9

Corrections CorporalHays County Proposed 20.52 23.26 26.00 5Bexar Detention Corporal 20.52 21.34 22.16 6Collin No match n/a n/a n/a N/AComal Corrections Corporal 20.69 25.42 30.15 3Denton Detention Officer II 17.04 21.30 25.56 7McLennan Jailer Corporal 18.49 23.85 29.22 4Tarrant Confinement Corporal 23.19 27.20 31.20 2Travis Corrections Officer, Sr. 23.19 27.65 32.11 1Williamson No match n/a n/a n/a N/A

Average2 20.52 24.46 28.40 Total 7

Market Data Worksheet

MHR Rank3

9/23/20168:59 AMC:\Users\lon.shell\Desktop\Collective Barg-2106\SO employee chart-HC Staff proposed, 9-21-16 Plan F FinalMarket Data 1 of 6143



(MHR) Participant Final Hourly Rate (FHR) MHR Rank3

Corrections SergeantHays County Proposed 24.84 27.91 35.47 5Bexar Detention Sergeant 24.31 25.28 26.26 8Collin Jail Sergeant 25.49 29.82 34.15 3Comal Corrections Sergeant 22.39 27.52 32.64 6Denton Detention Sergeant 20.88 26.10 31.32 7McLennan Jailer Sergeant 21.68 28.20 34.72 4Tarrant Sergeant, Confinement 27.73 32.51 37.30 2Travis Corrections Sergeant 35.06 40.32 45.57 1Williamson Sergeant 21.15 25.20 29.25 9

Average2 24.84 29.37 33.90 Total 9

Corrections LieutenantHays County Proposed 30.03 32.75 35.47 5Bexar Detention Lieutenant 29.00 30.15 31.31 9Collin Lieutenant 31.42 36.77 42.12 3Comal Lieutenant 26.28 32.30 38.32 7Denton Lieutenant 27.37 34.21 41.05 4McLennan Jailer Lieutenant 23.58 30.80 38.01 8Tarrant Lieutenant, Confinement 32.80 38.47 44.14 2Travis Corrections Lieutenant 42.15 47.86 53.58 1Williamson Lieutenant 27.64 32.42 37.21 6

Average2 30.03 35.37 40.72 Total 9





Deputy Cadet4

Hays County Proposed N/A N/A N/ABexar No match n/a n/a n/aCollin Deputy Sheriff Recruit 23.79 27.83 31.88Comal No match n/a n/a n/aDenton No match n/a n/a n/aMcLennan No match n/a n/a n/aTarrant Deputy Sheriff Cadet 19.31 22.65 25.98Travis No match n/a n/a n/aWilliamson No match n/a n/a n/aCity of San Marcos Cadet 22.36 n/a n/aCity of Georgetown No match n/a n/a n/aCity of New Braunfels No match n/a n/a n/aCity of Kyle Cadet 19.18 n/a n/aCity of Round Rock Police Cadet 17.88 n/a n/a

Average2 20.50 25.24 28.93

DeputyHays County Proposed 22.70 26.73 30.76 9Bexar Deputy Sheriff-LE 20.81 23.41 26.00 13Collin Deputy Sheriff 25.49 29.82 34.15 2Comal Patrol Deputy 20.69 25.42 30.15 11Denton Deputy Sheriff 20.88 26.10 31.32 10McLennan Deputy Sheriff 17.15 22.03 26.91 14Tarrant Deputy, Operations 23.19 27.20 31.20 8Travis Law Enforcement Sheriff Deputy 25.15 28.84 32.53 4Williamson Deputy 25.13 30.16 35.19 1City of San Marcos Officer 24.04 27.86 31.68 6City of Georgetown Officer 24.78 28.24 31.69 5City of New Braunfels Police Officer 22.69 25.25 27.81 12City of Kyle Police Officer 21.32 27.61 33.90 7City of Round Rock Officer 23.84 29.67 35.49 3

Average2 22.70 27.05 31.39 Total 14





DetectiveHays County Proposed 26.20 29.44 32.68 5Bexar LE Investigator 28.03 29.15 30.28 6Collin Investigator 25.49 29.82 34.15 4Comal CID Officer 22.39 27.52 32.64 9Denton Investigator 22.34 27.93 33.51 7McLennan Investigator 18.49 23.85 29.22 10Tarrant No match n/a n/a n/a N/ATravis Law Enforcement Detective 35.43 39.49 43.56 1Williamson Detective 26.64 31.97 37.30 2City of San Marcos Corporal 33.27 n/a n/a N/ACity of Georgetown No match n/a n/a n/a N/ACity of New Braunfels Police Corporal 28.60 30.39 32.17 3City of Kyle Police Officer 21.32 27.61 33.90 8City of Round Rock No match n/a n/a n/a N/A

Average2 26.20 29.75 34.08 Total 10

LE SergeantHays County Proposed 30.12 33.04 35.96 8Bexar LE Sergeant 30.84 32.07 33.30 11Collin Sergeant 29.01 33.95 38.89 7Comal Patrol Sergeant 24.25 29.79 35.33 13Denton Sergeant 25.58 31.97 38.37 12McLennan Deputy Sergeant 21.68 28.20 34.72 14Tarrant Sergeant, Operations 27.73 32.51 37.30 9Travis Law Enforcement Sergeant 39.34 43.60 47.85 1Williamson Sergeant 28.77 34.53 40.29 6City of San Marcos Sergeant 36.93 37.11 37.30 3City of Georgetown Sergeant 32.33 35.68 39.03 4City of New Braunfels Police Sergeant 33.14 35.17 37.19 5City of Kyle Sergeant 28.59 32.15 35.72 10City of Round Rock Sergeant 33.34 37.92 42.50 2

Average2 30.12 34.20 38.29 Total 14





LE LieutenantHays County Proposed 33.63 36.87 40.10 7Bexar LE Lieutenant 33.92 35.28 36.64 9Collin Lieutenant 31.42 36.77 42.12 8Comal Lieutenant 26.28 32.30 38.32 12Denton Lieutenant 27.37 34.21 41.05 10McLennan Deputy Lieutenant 23.58 30.80 38.01 13Tarrant Lieutenant, Operations 32.80 38.47 44.14 5Travis Law Enforcement Lieutenant 46.41 51.05 55.70 1Williamson Lieutenant 31.54 37.86 44.17 6City of San Marcos No match n/a n/a n/a N/ACity of Georgetown Lieutenant 39.70 42.15 44.59 3City of New Braunfels Police Lieutenant 38.34 40.64 42.93 4City of Kyle Lieutenant 31.54 34.05 36.57 11City of Round Rock Lieutenant 40.58 44.84 49.10 2

Average2 33.63 38.20 42.78 Total 13

LE CaptainHays County Proposed 38.12 41.71 45.29 9Bexar LE Captain 37.45 38.80 40.14 12Collin Captain 36.50 42.71 48.92 7Comal Captain 29.60 36.38 43.16 13Denton Captain 31.33 39.17 47.00 11McLennan Deputy Captain 25.72 33.73 41.73 14Tarrant Commander 41.59 48.74 55.89 3Travis Law Enforcement Captain 42.92 55.79 68.67 1Williamson Captain 35.05 42.06 49.08 8City of San Marcos Commander 42.89 43.21 43.53 6City of Georgetown Captain 45.08 47.31 49.54 4City of New Braunfels Police Captain 43.42 46.03 48.65 5City of Kyle Captain 37.46 40.08 42.69 10City of Round Rock Commander 46.55 51.65 56.75 2

Average2 38.12 43.51 48.90 Total 14





Deputy ConstableHays County Proposed 22.70 27.30 31.90 4Bexar Deputy Constable 17.60 21.26 24.92 9Collin Deputy Constable 23.79 27.83 31.88 2Comal Deputy Constable 20.69 25.42 30.15 8Denton Deputy Constable 20.88 26.10 31.32 6McLennan Deputy Constable 15.60 20.72 25.85 10Tarrant Deputy Constable 23.19 27.20 31.20 5Travis Deputy Constable 23.89 27.39 30.90 3Williamson Deputy Constable 25.13 30.16 35.19 1

Average2 21.35 25.76 30.18 Total 9

4The LE Deputy Cadet position is currently not proposed in the latest pay plan.

2Average Values do not include Hays County Porposed rates. Only the Market Source Participant Hourly Rates are included.

1The Corrections Officer Cadet position is currently not proposed in the latest pay plan.

3The MHR Rank category ranks the MHR of each Market Source Position , (1) being the highest MHR. The proposed Hays County MHR is included in the rank and in the Total.


Constable

C.O. C. Crp. C.Sgt. C.Lt. Deputies Detectives Sergeants Lieutenants Captains Dep. Const.1 2 3 4 1 2 3 4 5 1

MBS 0 $36,036.00 $44,815.68 $54,250.56 $65,585.52 $49,576.80 $57,220.80 $65,782.08 $73,447.92 $83,254.08 $47,216.00MBS 1 $37,117.08 $44,815.68 $54,250.56 $65,585.52 $50,964.95 $57,220.80 $65,782.08 $73,447.92 $83,254.08 $48,231.14MBS 2 $38,230.59 $44,815.68 $54,250.56 $65,585.52 $52,391.97 $57,220.80 $65,782.08 $73,447.92 $83,254.08 $49,268.11MBS 3 $39,377.51 $44,815.68 $54,250.56 $65,585.52 $53,858.94 $57,220.80 $65,782.08 $73,447.92 $83,254.08 $50,327.38MBS 4 $40,558.84 $46,160.15 $54,250.56 $65,585.52 $55,366.99 $58,822.98 $65,782.08 $73,447.92 $83,254.08 $51,409.42MBS 5 $41,775.60 $47,544.95 $54,250.56 $65,585.52 $56,917.27 $60,470.03 $65,782.08 $73,447.92 $83,254.08 $52,514.72MBS 6 $43,028.87 $48,971.30 $56,284.96 $65,585.52 $58,510.95 $62,163.19 $67,755.54 $73,447.92 $83,254.08 $53,643.79MBS 7 $44,319.73 $50,440.44 $58,395.64 $65,585.52 $60,149.26 $63,903.76 $69,788.21 $73,447.92 $83,254.08 $54,797.13MBS 8 $45,649.33 $51,953.66 $60,585.48 $68,372.90 $61,833.44 $65,693.06 $71,881.85 $76,753.08 $83,254.08 $55,975.27MBS 9 $47,018.81 $53,512.27 $62,857.43 $71,278.75 $63,564.78 $67,532.47 $74,038.31 $80,206.96 $83,254.08 $57,178.73MBS 10 $48,429.37 $55,117.63 $65,214.59 $74,308.10 $65,344.59 $69,423.38 $76,259.46 $83,816.28 $90,746.95 $58,408.08MBS 11 $49,882.25 $56,771.16 $67,660.13 $77,466.19 $67,174.24 $71,367.23 $78,547.24 $87,588.01 $98,914.17 $59,663.85MBS 12 $49,882.25 $56,771.16 $67,660.13 $77,466.19 $67,174.24 $71,367.23 $78,547.24 $87,588.01 $98,914.17 $60,946.62MBS 13 $49,882.25 $56,771.16 $67,660.13 $77,466.19 $67,174.24 $71,367.23 $78,547.24 $87,588.01 $98,914.17 $62,256.97MBS 14 $49,882.25 $56,771.16 $67,660.13 $77,466.19 $67,174.24 $71,367.23 $78,547.24 $87,588.01 $98,914.17 $63,595.50MBS 15 $49,882.25 $56,771.16 $67,660.13 $77,466.19 $67,174.24 $71,367.23 $78,547.24 $87,588.01 $98,914.17 $64,962.80MBS 16 $49,882.25 $56,771.16 $67,660.13 $77,466.19 $67,174.24 $71,367.23 $78,547.24 $87,588.01 $98,914.17 $66,359.50MBS 17 $49,882.25 $56,771.16 $67,660.13 $77,466.19 $67,174.24 $71,367.23 $78,547.24 $87,588.01 $98,914.17 $66,359.50

MBS 18 $49,882.25 $56,771.16 $67,660.13 $77,466.19 $67,174.24 $71,367.23 $78,547.24 $87,588.01 $98,914.17 $66,359.50

MBS 19 $49,882.25 $56,771.16 $67,660.13 $77,466.19 $67,174.24 $71,367.23 $78,547.24 $87,588.01 $98,914.17 $66,359.50

MBS 20 $49,882.25 $56,771.16 $67,660.13 $77,466.19 $67,174.24 $71,367.23 $78,547.24 $87,588.01 $98,914.17 $66,359.50

3 3 3.75 4.25 2.8 2.8 3 4.5 9 2.15

36,036.00$ 44,815.68$ 54,250.56$ 65,585.52$ 49,576.80$ 57,220.80$ 65,782.08$ 73,447.92$ 83,254.08$ 47,216.00$

$16.50 $20.52 $24.84 $30.03 $22.70 $26.20 $30.12 $33.63 $38.12 $22.70$22.84 $26.00 $30.98 $35.47 $30.76 $32.68 $35.96 $40.10 $45.29 $31.90$19.67 $23.26 $27.91 $32.75 $26.73 $29.44 $33.04 $36.87 $41.71 $27.30

2184 2184 2080

$16.50 $20.52 $24.84 $30.03 $22.70 $26.20 $30.12 $33.63 $38.12 $21.35

$23.42 $28.40 $33.90 $40.72 $31.39 $34.08 $38.29 $42.78 $48.90 $30.18

$19.96 $24.46 $29.37 $35.37 $27.05 $29.75 $34.20 $38.20 $43.51 $25.76

5/9 5/7 5/9 5/9 9/14 5/10 8/14 7/13 9/14 4/9

98.55% 95.09% 95.03% 92.59% 98.81% 98.95% 96.62% 96.51% 95.85% 105.99%

2.6 2.2 2 2 2.8 1.9 2.1 2.1 2.1 2.3

Corrections Law Enforcement

Market InitialMarket Final

Market MidpointMidpoint Rank% of Midpoint

Market Step Average

Midpoint Hourly Rate

Hours/Year

Starting SalaryInitial Hourly RateFinal Hourly Rate

% Merit Step

149

APPENDIX "A" DUES DEDUCTION AUTHORIZATION

COMBINED LAW ENFORCEMENT ASSOCIATIONS OF TEXAS

150

APPENDIX "B" TERMINATION OF DUES DEDUCTION

COMBINED LAW ENFORCEMENT ASSOCIATIONS OF TEXAS

Employee No: __________ Employee Social Security No: ________________ Name:______________________________________ (Last) (First) (M.I.) Address: ____________________________________________ Zip Code: _____________ I hereby terminate the authorization previously executed by me for dues deduction for the Combined Law Enforcement Associations of Texas and request that the County of Hays make no further deductions under said authorization. This termination of dues deduction is entirely voluntary on my part and I understand that the County of Hays will not be liable for failure to promptly effectuate this termination for any reason. Signed: __________________________ Date: __________________

151

APPENDIX “C” GRIEVANCE FORMS

Grievance No. __________

BARGAINING UNIT MEMBER GRIEVANCE FORM TO BARGAINING AGENT GRIEVANCE COMMITTEE

Grievance Submittal Employee must use this form, or one substantially like it, for filing grievances with the Union grievance committee and subsequent steps of the procedure. _____________________________________________________________________________________________ Name Address City/State/Zip Phone _____________________________________________________________________________________________ Division Title/Rank Station/Shift Phone A. Factual Basis of the Grievance. Include date, time, place, and employees or individuals involved. If more space is needed, continue on a separate sheet of paper, and attach to this form. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ B. Contract Articles, Terms, Etc. Believed to be Violated. Identify specific provisions of the Contract. Use supplement form if necessary. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ C. Remedy or Adjustment Sought. Use supplement form if necessary. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _______________________________________ ____________________________ Employee Signature Date _______________________________________ _________________________________________ HCLEA Representative Date

152

________________________________________ ________________________________________ Sheriff or Constable/designee as applicable Date

Grievance No. ____________

BARGAINING AGENT’S STANDARD GRIEVANCE FORM

GRIEVANCE COMMITTEE FINDINGS AND RECOMMENDATION

Grievance Committee’s Submittal. Refer to Grievance cause number for employee’s statement of facts. ______________________________________________________________________________ Name Address City/State Phone ______________________________________________________________________________ Division Title/Rank Station/Shift Phone Grievance Committee Statement The HCLEA Grievance Committee met and reviewed the above referenced grievance and reached the following Conclusion(s) on the Subject Grievance. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

GRIEVANCE COMMITTEE RECOMMENDATION

Forward for Adjustment ____________ Reject Grievance _________________ ________________________________________ ____________________________ Grievance Committee Representative Date ________________________________________ ____________________________ HCLEA Representative Date

153




AGENDA ITEM

Discussion and possible action to approve an Order by the Commissioners Court of Hays County, Texas expressing intent to reimburse project expenditures from proceeds of future tax-exempt obligations, commonly known as a Reimbursement Resolution, related to property owned by Hays County on Clovis Barker Road in San Marcos, Texas.


ACTION-MISCELLANEOUS September 27, 2016 Approximately $2,250,000.00 (or more TBD by Commissioners Court)

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



CONLEY CONLEY WHISENANT

SUMMARY 26B53B80B107B134B161B188B215B242BThis reimbursement resolution relates to the County's acquisition of 20.59 acres of property adjacent to the approximately 46 acres already owned by Hays County on Clovis Barker Road. Acquisition of the 20.59 acres was necessary for construction of the Leah Lane gap, remedy of flood plain issues, and eventual sale of the properties, as a whole.

154




AGENDA ITEM

Discussion and possible action regarding 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.


ACTION-MISCELLANEOUS September 27, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



CONLEY INGALSBE

SUMMARY 24B52B80B108B136B164B192B220B248BA workshop was held on September 20 regarding the tax limitation for disabled residents and residents over sixty-five. 25B53B81B109B137B165B193B221B249BSection 1-b (h), Article VIII of the Texas Constitution (attached) provides the ability for adopting a tax limitation (tax freeze) on the residence homestead of a person who is disabled or over 65 years of age. Section 1-b (h) states: 26B54B82B110B138B166B194B222B250B"The governing body of a county, a city or town, or a junior college district by official action may provide that if a person who is disabled or is sixty-five (65) years of age or older receives a residence homestead exemption prescribed or authorized by this section, the total amount of ad valorem taxes imposed on that homestead by the county, the city or town, or the junior college district may not be increased while it remains the residence homestead of that person or that person's spouse who is disabled or sixty-five (65) years of age or older and receives a residence homestead exemption on the homestead." 27B55B83B111B139B167B195B223B251BSection 11.261 of the Texas Tax Code (attached) provides the requirements for implementation and administration of the freeze. Once enacted, the tax freeze may not be repealed by the County. The tax freeze may be transferred to a surviving spouse in certain circumstances, and the tax freeze may be transferred to another homestead within Hays County by following the method described in 11.261 (g) of the Texas Tax Code.

155

From Section 1-b, Article VIII of the Texas Constitution:

(h) The governing body of a county, a city or town, or a

junior college district by official action may provide that if a

person who is disabled or is sixty-five (65) years of age or

older receives a residence homestead exemption prescribed or

authorized by this section, the total amount of ad valorem taxes

imposed on that homestead by the county, the city or town, or

the junior college district may not be increased while it

remains the residence homestead of that person or that person's

spouse who is disabled or sixty-five (65) years of age or older

and receives a residence homestead exemption on the homestead.

As an alternative, on receipt of a petition signed by five

percent (5%) of the registered voters of the county, the city or

town, or the junior college district, the governing body of the

county, the city or town, or the junior college district shall

call an election to determine by majority vote whether to

establish a tax limitation provided by this subsection. If a

county, a city or town, or a junior college district establishes

a tax limitation provided by this subsection and a disabled

person or a person sixty-five (65) years of age or older dies in

a year in which the person received a residence homestead

exemption, the total amount of ad valorem taxes imposed on the

homestead by the county, the city or town, or the junior college

district may not be increased while it remains the residence

homestead of that person's surviving spouse if the spouse is

fifty-five (55) years of age or older at the time of the

person's death, subject to any exceptions provided by general

law. The legislature, by general law, may provide for the

transfer of all or a proportionate amount of a tax limitation

provided by this subsection for a person who qualifies for the

limitation and establishes a different residence homestead

within the same county, within the same city or town, or within

the same junior college district. A county, a city or town, or a

junior college district that establishes a tax limitation under

this subsection must comply with a law providing for the

156

transfer of the limitation, even if the legislature enacts the

law subsequent to the county's, the city's or town's, or the

junior college district's establishment of the limitation. Taxes

otherwise limited by a county, a city or town, or a junior

college district under this subsection may be increased to the

extent the value of the homestead is increased by improvements

other than repairs and other than improvements made to comply

with governmental requirements and except as may be consistent

with the transfer of a tax limitation under a law authorized by

this subsection. The governing body of a county, a city or town,

or a junior college district may not repeal or rescind a tax

limitation established under this subsection.

157

Sec. 11.261. LIMITATION OF COUNTY, MUNICIPAL, OR JUNIOR

COLLEGE DISTRICT TAX ON HOMESTEADS OF DISABLED AND ELDERLY. (a)

This section applies only to a county, municipality, or junior

college district that has established a limitation on the total

amount of taxes that may be imposed by the county, municipality,

or junior college district on the residence homestead of a

disabled individual or an individual 65 years of age or older

under Section 1-b(h), Article VIII, Texas Constitution.

(b) The tax officials shall appraise the property to which

the limitation applies and calculate taxes as on other property,

but if the tax so calculated exceeds the limitation provided by

this section, the tax imposed is the amount of the tax as

limited by this section, except as otherwise provided by this

section. The county, municipality, or junior college district

may not increase the total annual amount of ad valorem taxes the

county, municipality, or junior college district imposes on the

residence homestead of a disabled individual or an individual 65

years of age or older above the amount of the taxes the county,

municipality, or junior college district imposed on the

residence homestead in the first tax year, other than a tax year

preceding the tax year in which the county, municipality, or

junior college district established the limitation described by

Subsection (a), in which the individual qualified that residence

homestead for the exemption provided by Section 11.13(c) for a

disabled individual or an individual 65 years of age or older.

If the individual qualified that residence homestead for the

exemption after the beginning of that first year and the

residence homestead remains eligible for the exemption for the

next year, and if the county, municipal, or junior college

district taxes imposed on the residence homestead in the next

year are less than the amount of taxes imposed in that first

year, a county, municipality, or junior college district may not

subsequently increase the total annual amount of ad valorem

taxes it imposes on the residence homestead above the amount it

imposed on the residence homestead in the year immediately

following the first year, other than a tax year preceding the

158

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=CN&Value=8.1-b

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=TX&Value=11.13

tax year in which the county, municipality, or junior college

district established the limitation described by Subsection (a),

for which the individual qualified that residence homestead for

the exemption.

(c) If an individual makes improvements to the

individual's residence homestead, other than repairs and other

than improvements required to comply with governmental

requirements, the county, municipality, or junior college

district may increase the amount of taxes on the homestead in

the first year the value of the homestead is increased on the

appraisal roll because of the enhancement of value by the

improvements. The amount of the tax increase is determined by

applying the current tax rate to the difference between the

appraised value of the homestead with the improvements and the

appraised value it would have had without the improvements. A

limitation provided by this section then applies to the

increased amount of county, municipal, or junior college

district taxes on the residence homestead until more

improvements, if any, are made.

(d) A limitation on county, municipal, or junior college

district tax increases provided by this section expires if on

January 1:

(1) none of the owners of the structure who qualify

for the exemption provided by Section 11.13(c) for a disabled

individual or an individual 65 years of age or older and who

owned the structure when the limitation provided by this section

first took effect is using the structure as a residence

homestead; or

(2) none of the owners of the structure qualifies for

the exemption provided by Section 11.13(c) for a disabled

individual or an individual 65 years of age or older.

(e) If the appraisal roll provides for taxation of

appraised value for a prior year because a residence homestead

exemption for disabled individuals or individuals 65 years of

age or older was erroneously allowed, the tax assessor for the

applicable county, municipality, or junior college district

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shall add, as back taxes due as provided by Section 26.09(d),

the positive difference, if any, between the tax that should

have been imposed for that year and the tax that was imposed

because of the provisions of this section.

(f) A limitation on tax increases provided by this section

does not expire because the owner of an interest in the

structure conveys the interest to a qualifying trust as defined

by Section 11.13(j) if the owner or the owner's spouse is a

trustor of the trust and is entitled to occupy the structure.

(g) Except as provided by Subsection (c), if an individual

who receives a limitation on county, municipal, or junior

college district tax increases provided by this section

subsequently qualifies a different residence homestead in the

same county, municipality, or junior college district for an

exemption under Section 11.13, the county, municipality, or

junior college district may not impose ad valorem taxes on the

subsequently qualified homestead in a year in an amount that

exceeds the amount of taxes the county, municipality, or junior

college district would have imposed on the subsequently

qualified homestead in the first year in which the individual

receives that exemption for the subsequently qualified homestead

had the limitation on tax increases provided by this section not

been in effect, multiplied by a fraction the numerator of which

is the total amount of taxes the county, municipality, or junior

college district imposed on the former homestead in the last

year in which the individual received that exemption for the

former homestead and the denominator of which is the total

amount of taxes the county, municipality, or junior college

district would have imposed on the former homestead in the last

year in which the individual received that exemption for the

former homestead had the limitation on tax increases provided by

this section not been in effect.

(h) An individual who receives a limitation on county,

municipal, or junior college district tax increases under this

section and who subsequently qualifies a different residence

homestead in the same county, municipality, or junior college

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district for an exemption under Section 11.13, or an agent of

the individual, is entitled to receive from the chief appraiser

of the appraisal district in which the former homestead was

located a written certificate providing the information

necessary to determine whether the individual may qualify for a

limitation on the subsequently qualified homestead under

Subsection (g) and to calculate the amount of taxes the county,

municipality, or junior college district may impose on the

subsequently qualified homestead.

(i) If an individual who qualifies for a limitation on

county, municipal, or junior college district tax increases

under this section dies, the surviving spouse of the individual

is entitled to the limitation on taxes imposed by the county,

municipality, or junior college district on the residence

homestead of the individual if:

(1) the surviving spouse is disabled or is 55 years

of age or older when the individual dies; and

(2) the residence homestead of the individual:

(A) is the residence homestead of the surviving

spouse on the date that the individual dies; and

(B) remains the residence homestead of the

surviving spouse.

(j) If an individual who is 65 years of age or older and

qualifies for a limitation on county, municipal, or junior

college district tax increases for the elderly under this

section dies in the first year in which the individual qualified

for the limitation and the individual first qualified for the

limitation after the beginning of that year, except as provided

by Subsection (k), the amount to which the surviving spouse's

county, municipal, or junior college district taxes are limited

under Subsection (i) is the amount of taxes imposed by the

county, municipality, or junior college district, as applicable,

on the residence homestead in that year determined as if the

individual qualifying for the exemption had lived for the entire

year.

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(k) If in the first tax year after the year in which an

individual who is 65 years of age or older dies under the

circumstances described by Subsection (j) the amount of taxes

imposed by a county, municipality, or junior college district on

the residence homestead of the surviving spouse is less than the

amount of taxes imposed by the county, municipality, or junior

college district in the preceding year as limited by Subsection

(j), in a subsequent tax year the surviving spouse's taxes

imposed by the county, municipality, or junior college district

on that residence homestead are limited to the amount of taxes

imposed by the county, municipality, or junior college district

in that first tax year after the year in which the individual

dies.

(l) Notwithstanding Subsection (d), a limitation on

county, municipal, or junior college district tax increases

provided by this section does not expire if the owner of the

structure qualifies for an exemption under Section 11.13 under

the circumstances described by Section 11.135(a).

(m) Notwithstanding Subsections (b) and (c), an

improvement to property that would otherwise constitute an

improvement under Subsection (c) is not treated as an

improvement under that subsection if the improvement is a

replacement structure for a structure that was rendered

uninhabitable or unusable by a casualty or by wind or water

damage. For purposes of appraising the property in the tax year

in which the structure would have constituted an improvement

under Subsection (c), the replacement structure is considered to

be an improvement under that subsection only if:

(1) the square footage of the replacement structure

exceeds that of the replaced structure as that structure existed

before the casualty or damage occurred; or

(2) the exterior of the replacement structure is of

higher quality construction and composition than that of the

replaced structure.

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Added by Acts 2003, 78th Leg., ch. 396, Sec. 1, eff. Jan. 1,

2004.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 359 (H.B. 1257), Sec. 1(c),

eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1417 (H.B. 770), Sec. 5,

eff. January 1, 2010.

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http://www.legis.state.tx.us/tlodocs/81R/billtext/html/HB01257F.HTM

http://www.legis.state.tx.us/tlodocs/81R/billtext/html/HB00770F.HTM




AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute a Letter of Agreement between Hays County and Central Texas Medical Center (CTMC) and authorize the payment of $2,172,000 related to Indigent health care costs to be released on or before September 30, 2016.


ACTION-MISCELLANEOUS September 27, 2016 $2,172,000


AUDITOR USE ONLY

AUDITOR COMMENTS:



COBB N/A

SUMMARY 26B55B84B113B142B171B200B229B258BDedicated funds are budgeted each year to be used for payments to CTMC associated with providing indigent health care through the 1115 waiver and the Indigent Program at the Live Oak Clinic. There is currently a total of $2,172,372.78 remaining in the FY16 budgeted for these payments. The Letter of Agreement only authorizes the payment of funds currently budgeted for FY 2016. Additional funding ($2M) has been budgeted in the FY17 budget process to address future payments. 27B56B85B114B143B172B201B230B259BAttachment: 28B57B86B115B144B173B202B231B260BCTMC Letter of Agreement

164

LETTER OF AGREEMENT BETWEEN

HAYS COUNTY AND CENTRAL TEXAS MEDICAL CENTER

This Letter of Agreement (Agreement) is entered into by Hays County (the County) and Central Texas Medical Center (CTMC) to acknowledge CTMC’s provision of high-quality health care to the residents of the County who are eligible for benefits under the Indigent Health Care and Treatment Act.

The Indigent Health Care and Treatment Act, located at Chapter 61 of the Texas Health and Safety Code, requires counties to provide health care to residents whose incomes are less than twenty-one percent (21%) of the Federal Poverty Guidelines who have no other available source of payment for the health care (Indigent Residents). To fulfill this obligation, the County maintains a fund to pay for the provision of such indigent health care (the Fund). The County currently has over two million one hundred seventy-two thousand dollars ($2,172,000) in the Fund, which it has not yet spent on indigent health care.

To enhance the health care available in the County, CTMC provides hospital care to Indigent Residents at CTMC at no cost to the patient. Additionally, CTMC provides primary care to Indigent Residents at its clinic, Live Oak Walk-In Care Clinic, at no cost to the patient. CTMC’s provision of health care enables Indigent Residents to receive primary and specialty care that they would not otherwise be able to access.

In acknowledgment of CTMC’s significant contribution to the residents of Hays County and to fulfill the County’s obligation to provide health care to its Indigent Residents when there is no other source of payment available, the County is making a two million one hundred seventy-two thousand dollar ($2,172,000) payment (the Payment) to CTMC on or before _____________ ___,September 30, 2016 from the Fund.

By signing this Agreement, the County acknowledges that:

i. It is legally authorized to enter into the Agreement; ii. The Payment is to acknowledge CTMC’s voluntary, significant contribution of health

care to Indigent Residents; iii. CTMC’s acceptance of the Payment does not obligate CTMC to perform any duties

or services in the future; and iv. The Payment is not conditioned or contingent on the amount of health care that

CTMC will provide to Indigent Residents in the future.

***Signatures on the Following Page***

165

CTMC Hays County

_______________________________ ____________________________ Anthony Stahl, Chief Executive Officer Bert Cobb, M.D., County Judge _______________________________ _______________________________ Date Date

166




AGENDA ITEM

Executive Session pursuant to Sections 551.071 and 551.074 of the Texas Government Code: consultation with counsel and deliberation regarding the performance and duties of the Veterans Service Officer, Emergency Management Coordinator, IT Director, Human Resources Director, Transportation Director, General Counsel, Elections Administrator, Development and Community Services Director, Grants Administrator, Chief Juvenile Probation Officer and Juvenile Facility Administrator.


EXECUTIVE SESSION September 27, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Baen COBB N/A

SUMMARY 25B51B77B103B129B155B181B207B233BRe-occurring on 9/20 and 9/27/16 as needed

167




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.


EXECUTIVE SESSION September 27, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Kennedy INGALSBE N/A

SUMMARY 25B51B77B103B129B155B181B207B233BSummary to be provided in Executive Session.

168