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Commissioners Court –May 10, 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 10th day of May, 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 3-4 Adopt a proclamation recognizing the positive impact of economic development in the economic health of the United States, Texas, the Greater San Marcos region and the County of Hays. INGALSBE/CONLEY

2 5-6 Adopt a proclamation recognizing Saturday, May 14, 2016 as Rosemary Burke Campise Day. WHISENANT

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.

3 7 Approve payments of county invoices. HERZOG 4 8-13 Approve Commissioners Court Minutes of May 3, 2016. COBB/GONZALEZ

5 14-23 Approve specifications for Bid #2016-B04 A/C & Heating Countywide and authorize Purchasing to solicit for bid and advertise. COBB/GARZA/MAIORKA

6 24-33 Approve Utility Permits. COBB/BORCHERDING

7 34-36 Authorize the County Judge to submit a grant application to the U.S. Department of Justice, Office of Justice Programs for up to $ 56,425.00 to assist with the purchase of bulletproof vests for County law enforcement personnel. CONLEY/HAUFF

8 37 Approve out of state travel for Linda Duran and Christine Rodriguez of the County Clerk's Office to attend the Pioneer Technology Users Group Educational Conference in Lake Mary, Florida on May 23rd through May 26th. COBB/GONZALEZ

9 38 Amend the line item number for the purchase of 10 new radar speed notification signs already approved in Court on April 19, 2016 and amend the budget accordingly. COBB/BORCHERDING

10 39-46 Ratify the County Judge's execution of a Trailer Lease Agreement between Hays County and Sysco, related to the short-term lease of a refrigerated trailer during repairs to the kitchen area of the Hays County Jail. INGALSBE

11 47 Ratify and authorize the publication of legal notice by the Office of General Counsel, related to public hearings under Chapter 253 of the Texas Transportation Code. COBB/KENNEDY

12 48

Approve out of state Travel, contingent upon final funding approval from the Criminal Justice Division of the Governor's Office-Veterans Court Grant Administration, for Miles Nelson (Veterans Service Office), Armando Vega (Probation), Katie McVaney (DA) and Brenda Jarden-Holter (Veterans Treatment Court-CCL). To attend the Annual Drug Court Training Conference and Veterans Court Convention in Anaheim, California. COBB

ACTION ITEMS

MISCELLANEOUS

13 49-59 Discussion and possible action to authorize the County Judge to execute a Professional Services Agreement with Halff Associates, Inc. to prepare a grant application to the Texas Water Development Board for Flood Protection Assistance funding. CONLEY/SMITH/HAUFF

14 60-64

Discussion and possible action to authorize the County Judge to execute a Bailment Agreement between Hays County and Wimberley Fire and Rescue (Hays County Emergency Services District #4), related to possession and use of identified personal property owned by Hays County. CONLEY/SMITH

15 65-76

Discussion and possible action to authorize the County Judge to execute a professional services agreement between GSC Architects and Hays County for architectural and pre-construction services related to modifications to the Precinct 2 Tax Office and amend the budget accordingly. JONES/CARAWAY

16 77 Discussion and possible action to approve Texas A&M AgriLife Extension Service's hiring of a Family and Consumer Sciences (FCS) Extension Agent for Hays County. COBB/SHELL

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.

17 78

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 real property including the marketing and potential sale or lease of County owned properties. Possible action may follow in open court. COBB

STANDING AGENDA ITEMS

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

18 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

19 Discussion and possible action related to the burn ban and/or disaster declaration. COBB/CHAMBERS

20 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 6th day of May, 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 recognizing the positive impact of economic development in the economic health of the United States, Texas, the Greater San Marcos region and the County of Hays.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

PROCLAMATIONS/PRESENTATIONS May 10, 2016 N/A

LINE ITEM NUMBER N/A

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR

Ashley Hardy Gossen, Greater San Marcos Partnership INGALSBE CONLEY

SUMMARY 27B55B83B111B139B167B195B223B251BPlease refer to attached proclamation.

3

PROCLAMATION RECOGNIZING THE POSITIVE IMPACT OF ECONOMIC DEVELOPMENT

IN THE ECONOMIC HEALTH OF THE UNITED STATES, TEXAS, THE GREATER SAN MARCOS REGION AND THE COUNTY OF HAYS

Whereas, economic developers promote economic well-being and quality of life for their communities by creating, retaining, and expanding jobs that facilitate growth, enhance wealth, and provide a stable tax base; and Whereas, economic developers are engaged in a wide variety of settings including rural and urban, local, state, provincial, and federal governments, public-private partnerships, chambers of commerce, universities, and a variety of other institutions; and Whereas, economic developers attract and retain high-quality jobs, develop vibrant communities, and improve the quality of life in their regions; and Whereas, economic developers stimulate and incubate entrepreneurism in order to help establish the next generation of new businesses, which is the hallmark of the American economy; and Whereas, the International Economic Development Council, now in its 90th year, provides leadership and excellence in economic development for communities, members, and partners through conferences, training courses, advisory services and research, in-depth publications, public policy advocacy, and initiatives such as the Accredited Economic Development Organization program and the Certified Economic Developer designation; and Whereas, the State of Texas consistently leads the nation in job creation and economic strength through its progressive tax structure and smart marketing efforts; and Whereas, Hays County has been ranked the fastest growing county in the United States among counties over 100,000 in population, identified the need for smart growth and planning, including an investment of nearly a half a billion dollars in infrastructure; and Whereas, the Greater San Marcos region collaborated to create the public-private partnership, Greater San Marcos Partnership, in 2010, which has since announced over 2,300 new jobs and $225 million investment for the two-county region; and Whereas, under the administration of the Greater San Marcos Partnership, the two-county region and its municipalities underwent a nine-month study that led the conception of The Vision 2020 Plan, a five-year economic development strategy for the region beginning in fiscal year 2016, focused on five strategic catalysts in strengthen the local and regional economy; and NOW, THEREFORE, BE IT PROCLAIMED that the Hays County Commissioners Court does hereby -

1) acknowledge 2016 as “The Year of the Economic Developer”; 2) recognize the importance of economic development to the benefit of our community; 3) commend the launch of The Vision 2020 Plan for economic development;

in the County of Hays and remind individuals of the importance of these initiatives in expanding career opportunities, improving quality of life, and encouraging strategic growth through an environmentally responsible and community building approach. BE IT FURTHER PROCLAIMED that the County Commissioners are authorized and directed to transmit an appropriate copy of this resolution to the Greater San Marcos Partnership and the International Economic Development Council.

ADOPTED THIS THE 10th DAY OF MAY, 2016

Bert Cobb

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

STATE OF TEXAS § § COUNTY OF HAYS §

4




AGENDA ITEM

Adopt a proclamation recognizing Saturday, May 14, 2016 as Rosemary Burke Campise Day.


PROCLAMATIONS/PRESENTATIONS May 10, 2016 N/A


AUDITOR USE ONLY

AUDITOR COMMENTS:



WHISENANT N/A

SUMMARY 26B53B80B107B134B161B188B215B242BPlease refer to attached proclamation.

5

PROCLAMATION RECOGNIZING SATURDAY, MAY 14, 2016

AS ROSEMARY BURKE CAMPISE DAY

Whereas, Rosemary Burke Campise has completed forty-three years of residential childcare in Hays County, beginning on March 6, 1973 and culminating on May 14, 2016; and Whereas, she is the founder of The Burke Foundation; and Whereas, she has served over five thousand infants, children, teenagers and young adults in facilities and foster homes through sponsorship and direct care efforts as a classroom teacher, social work case manager and residential childcare administrator; and Whereas, she has given example and training experiences through direct care, individual sessions, and management of home school classes for emotionally-disturbed and learning-challenged clients to hundreds of staff persons and foster parents in Hays, Bexar, Caldwell, Travis, Webb, and other Texas counties; and Whereas, she has done all of these deeds without fanfare and personal recognition; and NOW, THEREFORE, BE IT PROCLAIMED that the Hays County Commissioners Court does hereby give her a long overdue recognition of service by proclaiming Saturday, May 14, 2016 as

ROSEMARY BURKE CAMPISE DAY

ADOPTED THIS THE 10th DAY OF MAY, 2016

Bert Cobb

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

STATE OF TEXAS § § COUNTY OF HAYS §

6




AGENDA ITEM

Approve payment of County invoices.


CONSENT May 10, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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


Auditor’s Office HERZOG N/A

SUMMARY

7




AGENDA ITEM

Approve Commissioner Court Minutes of May 3, 2016.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Gonzalez COBB N/A

SUMMARY

8

HAYS COUNTY COMMISSIONERS' COURT MINUTES

MAY 3, 2016 ***** ***** VOLUME V PG 841 STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 3RD DAY OF MAY A.D., 2016, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:

DEBBIE GONZALES INGALSBE COMMISSIONER, PCT. 1 MARK JONES COMMISSIONER, PCT. 2

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

WITH COUNTY JUDGE, ALBERT H. COBB, JR. BEING ABSENT AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

Bishop Gene Massey of the Church of Jesus Christ of Latter Day Saints gave the invocation. Commissioner Ingalsbe led the court in the Pledge of Allegiance to the United States and Texas flags. Commissioner Ingalsbe called the meeting to order. 31497 ADOPT A PROCLAMATION DECLARING MAY 15, 2016 AS PEACE OFFICERS

MEMORIAL DAY AND MAY 15-21, 2016 AS NATIONAL POLICE WEEK Detective Jeffrey Jordan spoke. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to adopt a Proclamation declaring May 15, 2016 as Peace Officers Memorial Day and May 15-21, 2016 as National Police Week. All present voting “Aye”. MOTION PASSED PRESENTATION OF HAYS COUNTY SERVICE AWARDS Shari Miller presented the Hays County Services Awards. 5 Year Award – Constable 3 – Deputy Constable – James Brown; 10 Year Award – Sheriff (SRO) Douglas Martin-Whitaker and District Clerk – Deputy II, Robert Elliott. 1 Year Award – County Court at Law Bailiff – Mark Cruise, DPS – Belinda Torres, Sheriff – Kacie Andrews, Jennifer Pfenninger, JP Pct. 1 Place 2 – Veronica Ramirez, and Elizabeth Trevino, and Personal Health – Thomas Browder. PRESENTATION BY THE TREE FOLKS Matt Miers of Station Manager for Tree Folks gave a brief update on the planting of new trees along the Blanco River in the Wimberley area. The area that was devastated by the 2015 Memorial Day and October floods. 31498 APPROVE PAYMENTS OF COUNTY INVOICES A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to approve payments of County Invoices in the amount of $803,595.59 as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED 31499 APPROVE COMMISSIONERS COURT MINUTES OF APRIL 26, 2016 A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to approve Commissioners Court Minutes of April 26, 2016 as presented by the County Clerk. All present voting “Aye”. MOTION PASSED 31500 AUTHORIZE PAYMENT OF $540.00 TO MIKE VASIL FOR THE VEHICLE LIGHT

PACKAGE FOR CONSTABLE 2 IN WHICH NO PURCHASE ORDER WAS OBTAINED AND AMEND THE BUDGET ACCORDINGLY

This is for the labor costs associated with installing the light and radar equipment for the new vehicle for FY 2016. Additional funds ($420) are needed in order to capture the costs appropriately. Funds have been identified in the operating budget to cover the additional needed. Amount required $540.00. Decrease Vehicle Maintenance & Repairs - ($420); Increase Vehicles_Capital - $420. A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to authorize payment of $540.00 to Mike Vasil for the vehicle light package for Constable 2 in which no purchase order was obtained and amend the budget accordingly. Commissioner Ingalsbe, Commissioner Jones, and Commissioner Whisenant voting “Aye”. Commissioner Conley voting “No”. MOTION PASSED

9


VOLUME V PG 842 ***** ***** MAY 3, 2016 31501 BENEFIT PLAN AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSAL AND

ADVERTISE A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to approve specifications for RFP 2016-P10 Consultant for Group Benefit Plan and authorize Purchasing to solicit for proposal and advertise. All present voting “Aye”. MOTION PASSED 31502 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A MEMORANDUM OF

UNDERSTANDING (MOU) FOR ADDITIONAL FUNDING THROUGH THE U.S. MARSHALS SERVICE FOR SHERIFF'S OFFICE OVERTIME REIMBURSEMENTS AND AMEND THE BUDGET ACCORDINGLY

A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to authorize the County Judge to execute a Memorandum of Understanding (MOU) for additional funding through the U.S. Marshals Service for Sheriff's Office overtime reimbursements and amend the budget accordingly. All present voting “Aye”. MOTION PASSED 31503 AMEND THE JUVENILE PROBATION OFFICE OPERATING BUDGET FOR

ADDITIONAL TRAVEL FUNDS RELATED TO THE SPECIAL NEEDS DIVERSIONARY PROGRAM

Additional travel funds are needed for the Juvenile Probation Officer that oversees the Special Needs Diversionary Program due to a shortage in the Juvenile Probation fleet. This program provides specialized supervision for mental health juveniles in order to rehabilitate juvenile offenders and prevent them from penetrating further into the criminal justice system. Savings within the operating budget have been identified to fund this request. Amount required $400.00; Decrease Youth Services 001-686-00.5360; Increase Travel 001-686-00.5501. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to amend the Juvenile Probation Office operating budget for additional travel funds related to the Special Needs Diversionary Program. All present voting “Aye”. MOTION PASSED 31504 APPROVE UTILITY PERMITS A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to approve Utility Permit #973 on Post Road issued to Time Warner Cable as submitted by the Transportation Department. All present voting “Aye”. MOTION PASSED 31505 AUTHORIZE THE COUNTY CLERK'S OFFICE TO PURCHASE A NEW LAPTOP FOR

USE IN THE COUNTY COURT AT LAW COURTROOMS AND AMEND THE BUDGET ACCORDINGLY

The County Clerk's Office would like to purchase a new laptop for use in the County Court at Law courtrooms. Currently her staff and the Judge's staff are in the courtroom at the same time in which both are in need of accessing electronic files, and there is only one PC set up for this purpose. The additional laptop will allow her staff to utilize the equipment as needed in any of the courtrooms. Savings within her Records Management Fund are available to fund this request. Amount required $1,285.00; Decrease Eqpt Maint & Repair 101-617-10.5411 ($1,285); Increase Computer Equipment 101-617-10.5712_400 $1,285. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to authorize the County Clerk's Office to purchase a new laptop for use in the County Court at Law courtrooms and amend the budget accordingly. All present voting “Aye”. MOTION PASSED 31506 AMEND THE CONSTABLE PRECINCT 1 OPERATING BUDGET FOR UPGRADES

NEEDED ON A M5300 SYSTEM DUAL CONTROL RADIO PACKAGE FOR A TRANSFERRED VEHICLE

On April 5, 2016 the Commissioner's Court approved a vehicle transfer for one Dodge Charger from the Sheriff's Office to the Constable in Precinct 1. In order to get this vehicle fully functionally, a mobile radio package needs to be installed. The Constable currently has a one-piece radio that needs to be converted to a two-piece in order to accommodate the needs. Savings within their operating budget have been identified to fund this request. Amount required $1,245.00; Decrease Continuing Education 001-635-00.5551 ($1,245); Increase Eqpt Maint & Repair 001-635-00.5411 $1,245. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to amend the Constable Precinct 1 operating budget for upgrades needed on a M5300 System Dual Control Radio package for a transferred vehicle. All present voting “Aye”. MOTION PASSED

10


MAY 3, 2016 ***** ***** VOLUME V PG 843 31507 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE 2016 HUMANA PLAN

AMENDMENTS Plan amendments are effective beginning 1/1/2016 and will be presented in Court. Amendments include: Enhanced claim processing; Additional administrative services through Vitality; Language clean up regarding Nurse Advice Line, Humana Beginnings, NICU Management and Dependent; Eligibility; Group Stop Loss schedule; Medicare Part D Provision. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to authorize the County Judge to execute the 2016 Humana Plan amendments. All present voting “Aye”. MOTION PASSED 31508 AUTHORIZE THE PURCHASE OF AUTODESK AUTOCAD CIVIL 3D, AUTHORIZE

THE DIRECTOR OF TRANSPORTATION TO SIGN THE AUTODESK ORDER FORM, AND AMEND THE BUDGET ACCORDINGLY

Assistant Director will use AutoCAD to draw up plans for use in the design and building of roadways. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to authorize the purchase of Autodesk AutoCAD Civil 3D, authorize the Director of Transportation to sign the Autodesk order form, and amend the budget accordingly. All present voting “Aye”. MOTION PASSED 31509 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A SUPPLEMENTAL AGREEMENT

NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH COBB FENDLEY & ASSOCIATES, INC. FOR UTILITY COORDINATION SERVICES IN HAYS COUNTY, INCREASING THE COMPENSATION CAP BY $111,460.20 FROM $612,997.14 TO $724,457.34

The additional authorized money will allow for the execution of a supplemental #6 to Work Authorization #2 for FM 1626 South for the engineering and survey costs associated with the easement for the City of Buda. Amount required $111,460.20; Line item 030-802-96-628.5623_400. A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to authorize the County Judge to execute a Supplemental Agreement No. 2 to the Professional Services Agreement with Cobb Fendley & Associates, Inc. for Utility Coordination Services in Hays County, increasing the Compensation Cap by $111,460.20 from $612,997.14 to $724,457.34. All present voting “Aye”. MOTION PASSED 31510 VARIANCE FROM SECTION 10 C-1 OF THE HAYS COUNTY RULES FOR ON-SITE

SEWAGE FACILITIES AND GRANT A DEVELOPMENT AUTHORIZATION TO THE OWNER OF 2.0 ACRES IN THE WILLIAM H VAN HORN SURVEY LOCATED OFF OF HUNTER ROAD IN PRECINCT 3

The owners of the subject tract lost their home in the Memorial Day flood of 2015. The owners chose not to rebuild and are acquiring 2.0 acres off of Hunter Road in Precinct 3, from a family friend, to construct a new home. They have applied for a permit to construct an On-Site Sewage Facility on the newly created parcel. Hays County Regulations do not allow staff to issue any permits on parcels not in compliance with platting requirements, however the owners have requested a variance from Section 10 C-1 of the Hays County Rules for On-Site Sewage Facilities. This variance would allow construction of the advanced septic system, so they can move into the previously constructed home. Staff recommends the court require owners to begin the platting process within 90 days of the variance being issued, and have the plat completed within six months of issuance. A motion was made by Commissioner Conley, seconded by Commissioner Whisenant accept a variance from Section 10 C-1 of the Hays County Rules for On-Site Sewage Facilities and grant a development authorization to the owner of 2.0 acres in the William H Van Horn Survey located off of Hunter Road in Precinct 3. All present voting “Aye”. MOTION PASSED 31511 SUB-453 AMENDED SHADOW CREEK PHASE 4, SECTION 1B (8 LOTS) APPROVE

FINAL PLAT; ACCEPT CONSTRUCTION BOND NO. K09324768 FOR THE CONSTRUCTION OF STREET AND DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $1,404,731.98

Caitlyn Hairell, County Planner gave staff recommendation. The preliminary plan for the Shadow Creek Subdivision was originally approved on June 15, 2004 as a 1440 lot subdivision located off of Windy Hill Road in Precinct 2. This section includes 7 single-family residential lots and 1 greenspace/drainage lots. All lots will be served by GoForth Special Utility District and sewer provided by North Hays County Municipal Utility District Number 1. The Construction Bond No. K09324768 is for Shadow Creek 6-1 and Shadow Creek 4-1B. The construction bond cannot be released until both sections have been approved by the Hays County Transportation Department. A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to approve SUB-453 Amended Shadow Creek Phase 4, Section 1B (8 lots) to approve final plat; accept Construction Bond No. K09324768 for the construction of street and drainage improvements in the amount of $1,404,731.98. All present voting “Aye”. MOTION PASSED

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VOLUME V PG 844 ***** ***** MAY 3, 2016 31512 SUB-444 SHADOW CREEK PHASE 6, SECTION 1 (107 LOTS) APPROVE FINAL

PLAT; ACCEPT CONSTRUCTION BOND NO. K09324768 FOR THE CONSTRUCTION OF STREET AND DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $1,404,731.98

Caitlyn Hairell, County Planner gave staff recommendation. The preliminary plan for the Shadow Creek Subdivision was originally approved on June 15, 2004 as a 1440 lot subdivision located off of Windy Hill Road in Precinct 2. This section includes 103 single-family residential lots and 4 greenspace/drainage lots. All lots will be served by GoForth Special Utility District and sewer provided by North Hays County Municipal Utility District Number 1.The Construction Bond No. K09324768 is for Shadow Creek 6-1 and Shadow Creek 4-1B. The construction bond cannot be released until both sections have been approved by the Hays County Transportation Department. A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to approve SUB-444 Shadow Creek Phase 6, Section 1 (107 lots) to approve final plat; accept Construction Bond No. K09324768 for the construction of street and drainage improvements in the amount of $1,404,731.98. All present voting “Aye”. MOTION PASSED 31513 AUTHORIZE THE SHERIFF'S OFFICE TO APPROVE THE SCOPE OF WORK (SOW)

FROM TDINDUSTRIES FOR KITCHEN DRAIN LINE REPAIRS AT THE JAIL FACILITY AND AMEND THE BUDGET ACCORDINGLY

Capt. Mike Davenport of the Sheriff’s Office spoke. General Counsel Mark Kennedy spoke. There will be another sister action related to this item that may require court action. In preparation for installing the recently approved replacement dishwasher, it was discovered that one of the 4 inch drain lines in the Jail kitchen that handles the main sink, dishwasher, and grease trap has deteriorated and separated into two pieces. These repairs need to be completed in order to operate these appliances and maintain a safe and clean environment. Amount required $19, 916; TDIndustires SOW/Quote; BTCPN Contract: R150501-TX-10009; Funds were budgeted during the FY 2016 budget process in County Wide ($250k) for miscellaneous capital; improvements for the Jail as needed. To date a total of $208,843 has been used for security panel upgrades and a replacement dishwasher, leaving an available balance of $41,157 for this repair. Amount required: Decrease Co Wide - 001-645-00.5715_400 - ($12,959); Decrease Co Wide - 001-645-00.5399 - ($6,957); Increase Jail - 001-618-03.5741. A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to authorize the Sheriff's Office to approve the Scope of Work (SOW) from TDIndustries for Kitchen Drain Line repairs at the Jail Facility and amend the budget accordingly. All present voting “Aye”. MOTION PASSED 31514 REVIEW AND DISCUSSION OF THE HAYS COUNTY 2015 FLOODING EVENTS

AFTER ACTION REPORT A motion was made by Commissioner Whisenant, seconded by Commissioner Conley to accept the Hays County 2015 Flooding Events after Action Report, Hays County/San Marcos Joint EOC Operations as presented in Court. All present voting “Aye”. MOTION PASSED Clerk’s Note: Court took a break at 10:30 a.m., and returned into open court at 10:49 a.m. 31515 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN ASSESSMENT AND

COLLECTION AGREEMENT BETWEEN HAYS COUNTY AND THE CROSSWINDS MUNICIPAL UTILITY DISTRICT, RELATED TO THE ASSESSMENT AND COLLECTION OF PROPERTY TAXES UNDER CHAPTER 6 OF THE PROPERTY TAX CODE

A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to authorize the County Judge to execute an Assessment and Collection Agreement between Hays County and the Crosswinds Municipal Utility District, related to the assessment and collection of property taxes under Chapter 6 of the Property Tax Code. All present voting “Aye”. MOTION PASSED 31516 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 RM12 IN PCT 3

Court convened into Executive Session at 10:59 a.m. and reconvened into open court at 11:01 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commission Conley, Commissioner Whisenant, General Counsel Mark Kennedy, Intern – Meredith Fischer, Jerry Borcherding, Adam Leach and Chief of Staff Lon Shell. A motion was made by Commissioner Conley, seconded by Commissioner Whisenant to authorize the County Judge to execute a Purchase and Sale Agreement between Hays County and Frank and Linda Dubuisson for the purchase of 0.1806 acres, as presented in Executive Session. All present voting “Aye”. MOTION PASSED

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MAY 3, 2016 ***** ***** VOLUME V PG 845 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY LOCATED NEAR FM150 IN PRECINCT 4 Court convened into Executive Session at 11:01 a.m. and reconvened into open court at 11:57 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commission Conley, Commissioner Whisenant, General Counsel Mark Kennedy, Intern – Meredith Fischer, Jerry Borcherding, Adam Leach and Chief of Staff Lon Shell. No action taken. Clerk’s Note Agenda Item #24 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 FM 150 – was pulled DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY Commissioner Ingalsbe gave the Hays County Jail report. Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10% of capacity open. That lowers our capacity to 311. The jail’s daily average was 282 and peak was 290 on April 24th for the week of April 24 to April 30, 2016. The maximum female capacity is 76 inmates. Last week’s average was 55 and peak was 59 on 4/28/2016. The maximum male capacity is 256 inmates. Last week’s average was 226 and peak was 234 on 4/24/2016. Inmate at Guadalupe County: 45; Inmate at Bastrop County: 0; Inmate at Caldwell County: 37; Inmate at Walker County: 2. ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION Today’s drought index is 50. Commissioner Ingalsbe advised that the Burn Ban will remain lifted. Commissioner Ingalsbe urged the citizens of Hays County to use extreme caution when conducting outdoor burning. County Clerk’s Note Agenda Item #27 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 to adjourn court at 12 p.m.

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

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

proceedings had by the Hays County Commissioners’ Court on May 3, 2016.

LIZ Q GONZALEZ, COUNTY CLERK AND EXOFFICIO

CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS

13




AGENDA ITEM

Approve specifications for Bid #2016-B04 A/C & Heating Countywide and authorize Purchasing to solicit for bid and advertise.


CONSENT May 10, 2016 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Garza/Maiorka COBB N/A

SUMMARY 26B53B80B107B134B161B188B215B242B(See attached specifications.

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INVITATION FOR BID

ANNUAL CONTRACT FOR AIR CONDITIONING AND HEATING SERVICES

COUNTYWIDE

Hays County, Texas

BID#2016-B04

1. INSTRUCTIONS

Please submit your bid to:

Hays County Purchasing Office

712 S Stagecoach Trail, Suite 1071

San Marcos, Texas 78666

The enclosed specifications are for your convenience in submitting a bid for the enclosed

referenced services for Hays County.

Sealed bids shall be received no later than:

2:00 p.m. Thursday, May 26, 2016

Mark Envelope: A/C and Heating Services Bid #2016-B04

IT IS UNDERSTOOD THAT Hays County, reserves the right to accept or reject any

and/all bids as it shall deem to be in the best interest of Hays County. Sealed bids may be

hand-delivered or mailed to the Hays County Purchasing Office, 712 S Stagecoach Trail,

Suite 1071, San Marcos, Texas 78666. Facsimile transmittals shall not be accepted.

Bids received in the County Purchasing Office after submission deadline shall be

returned unopened and will be considered void and unaccepted. Hays County is not

responsible for lateness of mail, carrier, etc., and time/date stamp clock in

Purchasing Office shall be the official time of receipt.

ALTERING BIDS: Any interlineations, alteration, or erasure made before receiving

time must be initialed by the signer of the bid, guaranteeing authenticity.

WITHDRAWING OF BID: A bid may be withdrawn at any time prior to the official

opening. After the official opening, bids may not be amended, altered or withdrawn

without the recommendation of the County Purchasing Manager and the approval of

Commissioners’ Court.

Any interpretations, corrections or changes to this IFB and specifications will be made by

addenda. Sole issuing authority of addenda shall be vested in Hays County Purchasing

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Manager. Addenda will be mailed to all known to have received a copy of this IFB.

Bidders shall acknowledge receipt of all addenda.

Any contract awarded pursuant to this IFB shall be contingent on sufficient funding and

authority being made and available in each fiscal period by the approval of

Commissioners Court. If sufficient funding or authority is not made available, then this

contract shall become null and void.

BIDS WILL BE received and publicly opened at the location, date and time stated

above. Bidders, their representatives and interested persons may be present.

CONTRACT: This bid, when properly accepted by Hays County shall constitute a

contract equally binding between the successful bidder and Hays County.

BIDDER AGREES, if this bid is accepted, to furnish any and all services upon which

prices are offered, at the price(s) and upon the terms and conditions contained in the

specifications. The period for acceptance of the bid will be sixty (60) calendar days

unless a different period if noted by bidder.

CONTINUING NON-PERFORMANCE of the bidder in terms of specifications shall

be basis for the termination of the contract by the County. The County shall not pay for

merchandise/services that are unsatisfactory. Vendors will be given a reasonable

opportunity before termination to correct deficiencies.

INVOICES: shall be sent directly to the Hays County Auditor’s Office, 712 S

Stagecoach Trail, Suite 1071, San Marcos, Texas 78666. Payments will be processed

after notification that all services/supplies have been rendered satisfactorily and no

unauthorized services have been rendered.

Hays County terms of invoice are net thirty (30) days from invoice date.

Hays County is exempt from federal excise and state sales tax; therefore, tax must not be

included in this bid.

The County reserves the right to accept in part or in whole any bids submitted, and waive

any technicalities for the best interest of the County.

THE BID AWARD shall be based on but not necessarily limited to, the following

factors:

Total price

Special needs and requirements of Hays County

Vendors past performance record with Hays County

Hays County’s evaluation of vendor’s ability

TERMS: the term of this contract is from May 2016 through, May 2017 with the option

to renew for three (3) additional one year terms at the discretion of the Hays County

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Commissioners Court. Price re-determination will be considered at the time renewal is

considered.

2. BIDDING REQUIREMENTS

REFERENCES: Hays County requires bidder to supply with this bid, a list of at least

three (3) references where like services have been supplied by their company. Include

name of company, address, telephone number and name of representative.

RESPONSIBILTY: a prospective bidder must affirmatively demonstrate bidder’s

responsibility. A prospective bidder must meet the following requirements:

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

required

Be able to comply with required or proposed delivery schedule

Have a satisfactory record of performance

Be otherwise qualified and eligible to receive an award.

FORMS: All bids must be submitted on the forms provided in this bid document.

Changes to bid forms made by bidders shall disqualify the bid. Bids cannot be altered or

amended after submission deadline.

ESTIMATED QUANTITIES: Hays County is not obligated to purchase any minimum

amount, and the County may purchase any reasonable amount greater than the estimate

for the same unit price. Any limit on quantities available must be stated expressly in the

bid.

PURCHASE ORDER: A PURHCASE ORDER IS REQUIRED FOR ANY WORK

ORDER/INVOICE THAT WILL EXCEED $500.00 for products and/or services. The

purchase order number must appear on all itemized invoices and/or requests for payment.

No work is to be performed until a purchase order number is acquired for any amount

over $500.00.

COMPLIANCE WITH LAWS: The successful bidder shall comply with all applicable

federal, state and local laws and regulations pertaining to the practice of the profession

and the execution of the duties under the bid.

3. BID SPECIFICATIONS

The service will be on an “ON CALL” basis for all Hays County buildings.

Point of contact for contract administration: Daniel Villegas, Hays County

Maintenance Department, 512-393-7644 or 512-214-3567(cell).

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The contractor shall be responsible for responding to telephone calls from Hays County

Maintenance Department personnel ONLY.

Contractor will supply all necessary personnel, tools, and equipment to accomplish

emergency air conditioning and heating repairs and routine A/C and heating jobs on an

“ON CALL” basis. This is to include but may not be limited to remodel work. All costs

rates, except for repair parts and materials supplied by the contractor which will be billed

separately from the labor.

Response time after receiving a call for service will be no longer than three (3) hours

from the time contact has been made with the Contractor or the Contractors answering

service until time of arrival at the specified service call location.

A pre-job conference will be required on all non-emergency work.

The hourly rate for the service call will commence when the contractor arrives at the

specified location and contacts the appropriate County personnel.

Contractor shall be fully licensed to perform A/C and Heating work in Hays County and

any other County jurisdiction. A copy of licenses shall be furnished upon request.

Contractor must be able to provide A/C and Heating service for residential and

commercial buildings. All work performed must meet the job specifications, the most

current A/C and Heating code, and the most current local jurisdiction requirements.

Contractor will be required to furnish a copy of certificate of insurance from an admitted

company or an eligible surplus lines carrier, as defined in the Texas Insurance Code,

article 1.14-2. A copy must be included and attached to this Invitation for Bid.

Contractor will be REQUIRED to furnish statutory workers compensation.

Contractor will be required to perform monthly filter changes designated by the

Maintenance Department. Contractor will also be required to perform one (1) preventive

maintenance call per unit per year. Hays County will provide filters.

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HAYS COUNTY BID FORM

AIR CONDITIONING & HEATING SERVICES

BID#2016-B04

BID DUE: THURSDAY, MAY 26, 2016; NO LATER THAN 2:00 P. M.

Name of Bidder__________________________________________________________

Mailing Address_________________________________________________________

City_____________________________State_____________Zip__________________

Telephone: ( ) _________________________Fax: ( ) ___________________

Contractor will bid at the hourly rate for working hours (7:00 a.m. – 5:00 p.m.);

after hours (5:00 p.m. – 10:00 p.m.); and weekends and holidays. Hourly rates will

be bid for performance of work in the following categories:

1.) An experienced, licensed AIR CONDITIONING & HEATING TECH, qualified to

perform all types of A/C & HEATING services:

HOURS HOURLY RATE

Regular hours ______________

After hours ______________

Week-ends ______________

Holidays ______________

2.) An experienced TECH HELPER:

HOURS HOURLY RATE

Regular hours ______________

After hours ______________

Week-ends ______________

Holidays ______________

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HAYS COUNTY BID FORM


BID #2016-B04

PARTS: Mark-up percentage from cost ____________% The County reserves the

right to conduct random audits on the above pricing.

HEAVY EQUIPMENT: such as but not limited to backhoes, cranes, etc., will be

charged at an hourly rate. The rate per hour will be ____________.

PERMITS: After coordinating with the Hays County Maintenance Department the

contractor will be responsible for obtaining all necessary permits.

Award of this contract will be based on the lowest hourly rates, ability to meet

response time requirements, and the mark-up from cost.

The undersigned, by his/her signature, represents that he/she is authorized to bind

the bidder to fully comply with the terms and conditions of the attached Invitation

for Bid, specifications, and special provisions for the amount(s) shown on the

accompanying bid sheet(s). By signing below, you have read the entire document

and agree to the terms herein.

_________________________________________Date_________________________

Signature of Person Authorized to Sign Bid

______________________________________________________________________

Print Name and Title of Signer

_____________________________________________________________________

Name of Company

BID DUE DATE: May 26, 2016 no later than 2:00 p.m.

DELIVER OR MAIL TO: Hays County Purchasing Office

712 S Stagecoach Trail, Suite 1071

San Marcos, Texas 78666

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INVITATION FOR BID


IFB #2016-B04

HAYS COUNTY, TEXAS

*CONTRACT*

STATE FO TEXAS

COUNTY OF HAYS

WHEREAS, the attached “Bid Package” which includes the Cover Sheet, Instructions,

Specifications, and Bid Sheet(s) for the items(s) being published for competitive bid,

were solicited pursuant to Texas Local Government Code 262.021; and

WHEREAS, the Hays County Commissioners’ court as the governing body of Hays

County did on _________________, 20___ award a contract to

__________________________________ (Vendor/Bidder) for furnishing the

materials, equipment, supplies and/or services in quantities and at prices as set forth

in the above attached “Bid Package”; and

THEREFORE, knowing all men by these present, that this contract is entered into by

Hays County, Texas (hereinafter called “County”) and the undersigned Vendor

(hereinafter called “Vendor” or “Bidder”).

WITNESSETH

THAT IN ACCORDANCE with the above attached Bid Package in every particular, the

Vendor will perform in accordance with the terms thereof and the County agrees to make

payment for such items or services purchased on appropriate Purchase Orders in

accordance with the items of said Bid Package which is made a part of this contract and

incorporated herein for all purposes. THAT IN ACCORDANCE with the attached the

County’s acceptance of equipment, supplies and services shall be contingent on (1) they

conform, (2) they were delivered (if applicable), and (3) services have been satisfactorily

performed in the sole determination of the County.

Prior Agreements Superseded

This Contract, with the entire Bid Package incorporated herein for all purposes, including

any required supporting literature, brochures, and/or date sheets or sample, constitutes the

sole agreements of the parties to the agreement and supersedes all oral or written previous

and contemporary agreements between the parties and relating to matters herein.

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Amendment

No amendment, modification or alteration of the terms of this contract shall be binding

unless same is in writing, dated subsequent to the date of this contract, and duly executed

by authorization representatives of each party.

IN TESTIMONY WHEREOF: Witness our hands at Hays County, Texas, effective as of

the date awarded above, if any.

VENDOR HAYS COUNTY

BY:______________________________ BY:_______________________________

AUTHORIZED AGENT COUNTY JUDGE

ATTEST:________________________________

Liz Gonzalez, Hays County Clerk

**Failure to sign the Contract pages(s) may disqualify the bid from being

considered by the Commissioners’ Court. However, this contract is not valid until

awarded in Commissioners’ Court and signed by both parties.

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Vendor/Bidder’s Affirmation

1. Vendor/Bidder affirms that they are duly authorized to execute this

Contract, that this company, corporation, firm, partnership or individual has

not prepared this bid in collusion with any other bidder, and that the

contents of this bid as to price, terms or conditions of said bid have not been

communicated by the undersigned nor by any employee or agent to any other

person engages in this type of business prior to the official opening of this

bid.

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

overcharges associated with this Contract which arise under the antitrust

laws of the United States, 15 USCA Section 1 et seq., and which arise under

the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section

15.01, et seq.

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

Vendor/Bidder, hereby affirms that Vendor/Bidder:

______Does not own taxable property in Hays County.

______Does not owe any ad valorem taxes to Hays County or is not

otherwise indebted to Hays County.

Name of Contracting Company

Contact Name

Title

Mailing Address

City State Zip Code

Signature of Company Official Authorizing Bid/Offer

Printer Name

Phone Fax E-Mail Address

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AGENDA ITEM

Approve Utility Permits.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding COBB N/A

SUMMARY 25B55B85B115B145B175B205B235B265BPermit Road Name Utility 26B56B86B116B146B176B206B236B266B974 McGregor Lane Electric line (PEC) 27B57B87B117B147B177B207B237B267B975 McGregor Lane Electric line (PEC) 28B58B88B118B148B178B208B238B268B976 Belterra Drive Treated effluent line (HCWCID#1) 29B59B89B119B149B179B209B239B269B977 Centerpoint Rd Fiber optic/comm. line (TWC)

24




AGENDA ITEM

Authorize the County Judge to submit a grant application to the U.S. Department of Justice, Office of Justice Programs for up to $ 56,425.00 to assist with the purchase of bulletproof vests for County law enforcement personnel.


CONSENT May 10, 2016 $28,212.50

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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


Hauff CONLEY N/A

SUMMARY 26B53B80B107B134B161B188B215B242BThe grant application is for assistance in the purchase of bulletproof vests for County law enforcement officers. The grant program provides a reimbursement for 50% of the cost of each vest and the County must pay the remainder of the cost. The application includes needs for both new officers and the replacement of existing bulletproof vests. Vests are replaced based on a five-year usable protective wear cycle. The current request involves a two year period rather than one year as done previously, with a total of 61 vests included. The current cost of each vest is about $925.00. The grant amount - if awarded - will be 50% of the total listed above, or $ 28,212.50. Matching funds may be allocated accordingly. Submission of the application is done electronically and is due on or before May 16, 2016.

34




AGENDA ITEM

Approve out of state travel for Linda Duran and Christine Rodriguez of the County Clerk's Office to attend the Pioneer Technology Users Group Educational Conference in Lake Mary, Florida on May 23rd through May 26th.


CONSENT May 10, 2016 0

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Gonzalez COBB N/A

SUMMARY 26B53B80B107B134B161B188B215B242BLinda Duran and Christine Rodriguez will attend the Pioneer Technology Users Group Educational Conference with County Clerk, Liz Gonzalez. There is no cost to the County.

37




AGENDA ITEM

Amend the line item number for the purchase of 10 new radar speed notification signs already approved in Court on April 19, 2016 and amend the budget accordingly.


CONSENT May 10, 2016 $45,150

LINE ITEM NUMBER 020-710-00.5719_400

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding COBB N/A

SUMMARY 27B58B89B120B151B182B213B244B275BThe wrong line item number was used in the original agenda item. Budget amendment is needed. 28B59B90B121B152B183B214B245B276BBudget Amendment: 29B60B91B122B153B184B215B246B277BIncrease Miscellaneous Equipment Operating Expense 020-710-00.5719_400 - $45,150 30B61B92B123B154B185B216B247B278BDecrease Road Material and Supplies 020-710-00.5351 - (45,150)

38




AGENDA ITEM

Ratify the County Judge's execution of a Trailer Lease Agreement between Hays County and Sysco, related to the short-term lease of a refrigerated trailer during repairs to the kitchen area of the Hays County Jail.


CONSENT May 10, 2016 Not to exceed $1000.00

LINE ITEM NUMBER 001-618-03.5451

AUDITOR USE ONLY

AUDITOR COMMENTS:



INGALSBE INGALSBE N/A

SUMMARY 27B55B83B111B139B167B195B223B251BAs mentioned by Counsel in Court on May 3, 2016, ratification is being requested to accommodate an immediate need for a refrigerated trailer, to continue uninterrupted operations at the Hays County Jail.

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Revised 10/08/2014

ApprovalsPRESIDENT/EXECUTIVE V.P. : ____________________________

V. P. OPERATIONS: ____________________________V. P. SALES: ____________________________

TRAILER LEASE AGREEMENT

This Agreement made this ___________ day of __________________, 20___ by and between Sysco ________________________________ (“Lessor”) and ______________________, (“Lessee”).

___Emergency ___Company Function ___Grand Opening ___Festival ___Other

Date to Deliver: _____________________ Time to Deliver: _____________________ Date to Pickup: _____________________ Time to Pickup: ______________________

Total Days of Lease: ________________________ Truck Delivery Address: _________________________________________________

Sysco M.A. or Acct Exec. requesting loan: _____________________ M.A. contact #: _____________ Sysco DSM or Program Manager: ____________________________ Name of Account: ________________________________________ Account #: _________________ Address: ________________________________________________ Phone #: __________________ Emergency Phone #: _____________________________ Credit Terms: _________________ If a Special Event, ESTIMATED SALES: _____________________________

Truck to be delivered: Loaded _______________________ Unloaded _____________________ Any special loading instructions: _______________________________________________________ Returns will be allowed. Approval Signature required by Sysco VP ____________________________ FROZEN: ___Yes ___No DRY: ___ Yes ___No COOLER: ___Yes ___No

At no time will product be shipped or returned without the customers signature noting and acknowledging product received or returned.

Sysco M.A.: I understand that I am responsible and accountable for our returns being inventoried prior to pick-up request being done. Signature: _____________________________________________ Date: _______________________

Condition of any product returned subject to inspection upon return to warehouse before any credit will be issued: Product condition upon return: __________________________________________________________ Warehouse Receiver: _______________________________________ Date: _____________________

Note: This Trailer Lease Agreement has been revised. All prior copies will not be submitted for Sysco trailer lease. Please discard all prior copies.

5th May 16

X

Hays County Sheriff's Office

5/9/2016 8am5/15/2016 8am

71307 Uhland Road

x x

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CRITERIA (To be read and acknowledged by Lessee)

1. Truck or Trailer requested will need to run on diesel fuel. Trailer will be delivered to customer full of fuel, and trailer will be returned to Sysco full of fuel. During use of trailer customer will supply fuel for operation. If requested, Sysco will supply the name of an independent service company that can fuel and service the trailer while on loan. Customer is responsible for all fuel cost and service calls cost. If unit runs out of fuel, there will be a $250.00 service call charge to prime the fuel system; this will be billed to the customer. Please indicate below which option customer chooses.

A. Yes, customer will need Sysco to arrange an independent service company to fuel and service the trailer while on loan.

OR B. No, customer will take care of making fueling and service arrangements for the trailer while on loan.

2. Customer acknowledges they must secure trailer while in their possession. 3. There will be a minimum $75.00 delivery/$75.00 pick-up charge or a $1.50 per mile one-way charge, whichever is greater. 4. Rental fee for Sysco owned trailer $50.00 per day, $150.00 per weekend (Fri. p.m.-Sun p.m.) or $350.00 per week (Mon. a.m.-Sun. p.m.) charge. In the event a Sysco owned trailer is not available, a third party lease company will be used with applicable fees. 5. Equipment lease signed by owner or officer of company borrowing or renting truck or trailer.

In consideration of the mutual covenants and promises contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, that parties hereto agree as follows:

1. Lease. Lessor leases to Lessee and Lessee hires from Lessor the trailer(s) identified on Exhibit A attached hereto for a term as indicated on Exhibit A and for the location indicated on Exhibit A (individually or collectively, the “Trailer”).

2. Rental/Other Fees or Charges. As rent for the Trailer, Lessee shall pay to Lessor the amount set forth on Exhibit A as well as any other fees or charges specified in Exhibit A. Whenever required, Lessee also shall pay to Lessor any sales, use, or similar tax, which at any time during the term of this Lease may be imposed on the letting herein provided. Unless otherwise set forth in Exhibit A, Lessee shall pay rental fees and other fees or charges within 30 days of receipt of an invoice from Lessor.

3. Delivery and Location. Lessor shall deliver the Trailer to the location specified on Exhibit A or to such other locations reasonably specified by Lessee in any manner as Lessor, in its sole discretion, may elect, and Lessee shall be solely responsible for and shall indemnify and hold Lessor harmless from any liability or expense including reasonable attorneys’ fees, arising out of damage to any person or property due to the location of the Trailer.

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4. Trailer Use

A. Trained to Use. Lessee warrants that it and its agents have beentrained in the operation of the Trailer’s refrigeration system, if so equipped. Lessee shall ensure that its duly authorized agent or representative is present at the time of the delivery of the Trailer. Upon delivery of the Trailer by Lessor, Lessee shall be deemed to have accepted the Trailer unless Lessee through its authorized agent or representative rightly rejects the Trailer at the time of delivery as being defective, unsafe or inconsistent with specifications agreed upon between Lessor and Lessee. LESSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND CONCERNING THE TRAILER, INCLUDING NO IMPLIED WARRANTY OF MERCHANTABILITY AND NO IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE.

B. Impermissible Uses. Lessee shall operate the Trailer in compliance with all federal, state and local laws and in a reasonable and safe manner. Lessee shall not use or permit the Trailer to be used for any illegal purpose or for the transportation or storage of any material deemed extra hazardous by reason of being (i) explosive, (ii) inflammable or (iii) hazardous waste or a hazardous substance or some other regulated category of waste as defined by application law, ordinance, rule or regulation. Lessee shall indemnify and hold Lessor harmless from and against all damages and expenses, including reasonable attorney’s fees, sustained by Lessor as a result of any such impermissible use.

C. Damage to Goods; Title. Lessor shall not be responsible for loss or damage to any goods or other property in the Trailer at the time of delivery or placed or carried in the Trailer after delivery to Lessee, arising from any cause whatsoever. Lessee acknowledges that title to any product located in the Trailer shall transfer to Lessee upon delivery of the Trailer to Lessee. Lessor may, in its sole discretion and without any obligation to do so, accept the return of “saleable” product. Lessor shall not be responsible for any product nonconformity as to quantity, quality or price, unless noted on the original delivery receipt at the time of delivery of the Trailer to Lessee.

5. Maintenance.

A. Repairs. Lessee shall bear all expenses of maintaining the leased Trailer in good operating condition and shall be responsible for the cost of repairs and replacement of the Trailer’s parts or equipment, including, but not limited to, ramps, bulkheads, wheels, tires, doors, flooring, interior and exterior panels, and refrigeration unit, if damaged in any respect during the term of this Lease. Lessee is expressly forbidden to repair or attempt to repair the Trailer without the Lessor’s prior consent. In the event the Trailer requires any repairs or replacement, Lessee shall give immediate notice to Lessor which shall have the option, but not the obligation, to perform the repairs or replacement itself, the cost of which Lessee immediately shall reimburse Lessor, or to require Lessee to cause any repairs to be made as Lessor otherwise shall direct.

B. Refueling. Lessee is responsible for contacting Lessor to arrange for filling of fuel after depletion of the fuel tank’s supplied contents. Lessor will arrange for a third party to refuel the Trailer, and Lessee will be responsible for reimbursing Lessor for the full amount charged by the third party for such refueling. Lessee will not refuel the Trailer or arrange for the refueling of the Trailer by a third party. Lessor shall not give Lessee any credit for unused fuel.

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C. Training/Maintenance. Lessee acknowledges that it has been trained in the operation of the Trailer’s refrigeration system (if so equipped). Lessee’s maintenance obligations will include monitoring the fuel gauge 2-3 times daily, maintaining recommended fuel levels, maintaining the refrigeration unit, lubricant levels, tire inflation levels, brakes and lighting.

D. Permits. Lessee shall be responsible, at its sole cost and expense, for maintaining during the term of this Agreement, all permits, registrations or licenses (“the Permits”) which are required by the state, district, municipality or agency where the Trailer is located, used and/or operated by Lessee.

6. Indemnification. Lessee hereby agrees to indemnify, defend and hold Lessor, its subsidiaries, affiliates, divisions and/or agents, servants, employees, officers, directors, and assigns (and any third party to whom any of the foregoing may owe a similar obligation pursuant to contract, lease agreement or operation of law), hereinafter collectively referred to as “Indemnitee”, harmless from any suits, claims, losses, damages or expenses, including reasonable attorneys’ fees and expenses, which any Indemnitee may suffer, sustain or incur as a result of or in connection with the operation, use, maintenance or possession by Lessee of the Trailer.

7. Release. In consideration for the use of the Trailer by Lessee, Lessee does hereby release, discharge and acquit Lessor from any and all claims, actions, causes of action, demands, liabilities, damages, costs and expenses whatsoever which Lessee now has or may hereafter have on account of Lessee’s operation, possession, maintenance and/or use of the Trailer.

8. Holding Over. Any holding over by the Lessee at the expiration of the term of the lease hereof shall, in the absence of any agreement to the contrary, create a tenancy from day-to-day, with rent payable on a pro-rated basis at 5:00 EST each day at the principal address of Lessor, and all other terms and conditions hereof shall remain in effect.

9. Condition of Trailer. Lessee agrees to return the Trailer to Lessor in the same condition as delivered to Lessee, ordinary wear and tear excepted. It will be presumed, unless indicated in writing to the contrary, that the Trailer is in good repair and operating condition at the time of delivery to Lessee. Lessee further agrees to cause the Trailer, at its sole cost and expense, to be repaired and returned to good operating condition and repair (or alternatively reimburse Lessor for the cost thereof) in the event of any damage to or breakdown of any Trailer during its use by Lessee.

10. Insurance. Lessee shall maintain such insurance in such amounts as described below as will protect Lessor and Lessee from any damages arising as a result of Lessee’s use, operation, maintenance or possession of the Trailer. Lessee shall furnish a certificate acceptable to Lessor that Lessee has in effect workmen’s compensation insurance coverage in the statutory amount, automobile liability insurance (any auto) in the amount of at least one million dollars ($1,000,000), premises liability and commercial general liability insurance coverage providing such coverage in a liability amount of at least one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000.00) in aggregate, excess liability or umbrella insurance in at least the amount of three million dollars ($3,000,000) and physical damage to tractor/trailer/ equipment in the amount of actual cash value with no deductible for collision and one thousand dollar deductible for other than collision. Such insurance shall include a waiver of subrogation and a requirement of thirty (30) days notice of cancellation, non-renewal or reduction of coverage or limits. The automobile, excess liability/umbrella, premises liability and commercial general liability coverages shall name Lessor as an additional insured on a Form CG20-26.

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11. Notice. Any notice, request, demand or other communication, document or instrument which may be required or permitted to be furnished by one of the parties hereto to the other hereunder, shall be deemed sufficiently furnished or served if in writing and (i) delivered in person, or (ii) mailed (by first class mail, registered or certified and postage prepaid), or (iii) telexed or telefaxed, to the party entitled thereto, addressed as follows or such other address as the party entitled thereto may have prior thereto specified by notice given as contemplated in the paragraph 11:

If to Lessee: __________________________________ __________________________________ __________________________________ Attn: __________________________________ Phone: __________________________________ Fax: __________________________________

If to Lessor: Sysco ___________________ ______________________________________ ______________________________________ Attn: ______________________________________ Phone: ______________________________________ Fax: ______________________________________

12. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, legal representatives, and assigns. Lessee may not assign, pledge, or otherwise encumber this lease or any interest therein or sublet the Trailer without Lessor’s written consent, nor shall Lessee encumber or otherwise suffer any lien to be placed against the Trailer, or abandon or conceal the Trailer.

13. Entire Agreement. This Agreement represents the entire agreement between parties. This Agreement shall not be modified or amended except by an agreement in writing signed by the parties.

Signatures on following page

44

6

IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.

LESSOR: SYSCO ________________

BY: ______________________________________________

TITLE: ___________________________________________

LESSEE: __________________________________________ (Print Lessee’s Name Here)

BY: ______________________________________________

TITLE: ___________________________________________

Bert Cobb, M.D.

Hays County Judge

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7

EXHIBIT A

TRAILER IDENTIFICATION:

Model/Make: ___________________________________

Identification No.: _______________________________

RENTAL AMOUNT: ____________________________

OTHER FEES OR CHARGES: _____________________ PAYMENT DUE DATE(S):__________________________

TERM OF THE LEASE:

From: _______________________ To: _________________________

LESSEE LOCATION of TRAILER:

_________________________________________________________________[Street address] [City, state zip]

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AGENDA ITEM

Ratify and authorize the publication of legal notice by the Office of General Counsel, related to public hearings under Chapter 253 of the Texas Transportation Code.


CONSENT May 10, 2016 TBD


AUDITOR USE ONLY

AUDITOR COMMENTS:



Kennedy COBB N/A

SUMMARY 27B55B83B111B139B167B195B223B251B2 Chapter 253 project proposals have reached a point where Commissioners Court consideration is appropriate. Prior to holding a public hearing on either project proposal, legal notice must be published twice in a newspaper of general circulation in Hays County.

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AGENDA ITEM

Approve out of state Travel, contingent upon final funding approval from the Criminal Justice Division of the Governor's Office-Veterans Court Grant Administration, for Miles Nelson (Veterans Service Office), Armando Vega (Probation), Katie McVaney (DA) and Brenda Jarden-Holter (Veterans Treatment Court-CCL). To attend the Annual Drug Court Training Conference and Veterans Court Convention in Anaheim, California.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jude Prather, Veterans Services Officer COBB N/A

SUMMARY 25B51B77B103B129B155B181B207B233BTravel dates will be 5/31/16-6/5/16.

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AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute a Professional Services Agreement with Halff Associates, Inc. to prepare a grant application to the Texas Water Development Board for Flood Protection Assistance funding.


ACTION-MISCELLANEOUS May 10, 2016 $7,000.00

LINE ITEM NUMBER Funding to be determined by the court.

AUDITOR USE ONLY

AUDITOR COMMENTS: I recommend that we pay out of countywide contingencies.



Smith/Hauff CONLEY N/A

SUMMARY 28B59B90B121B152B183B214B245B276BThe Texas Water Development Board (TWDB) has recently issued a call for applications for Flood Protection Assistance grants, with a relatively short deadline for submission of June 17, 2016. The purpose of these grants is to provide assistance to political subdivisions to implement preventive and/or corrective measures for reducing loss of life and property, such as early warning systems and the development of response plans to protect life and property from floodwaters. As a result of the 2015 Flood Disasters, Hays County has determined a need to enhance our warning system capabilities and has placed a high priority on deploying such systems. Specifically, this would include technology upgrades for existing, and the installation of new, road low water crossing warning systems, possible stream/rainfall gaging sites at select locations, and dam water level monitoring systems. 29B60B91B122B153B184B215B246B277BThe preparation of the application for funding would benefit from a consultant well-versed in flood planning and management and with the technical knowledge of what warning systems would entail, as well as familiarity with specific site conditions within Hays County. Halff Associates has been actively involved with flood protection planning efforts in Hays County, having been contracted directly to assist the County in flood/drainage studies as well as being involved in the partnership between Hays County, the LCRA, GBRA, and the USACOE in conducting studies associated with flooding potential and mitigation alternatives. They have previously also prepared two successful applications for Hays County to the TWDB for Flood Protection Planning assistance grants. They are also on the list of pre-qualified engineering firms for Hays County per RFQ 2016-P02. 30B61B92B123B154B185B216B247B278BThe attached Professional Services Agreement is to enlist the services of Halff Associates for the timely preparation of the application to the TWDB for funding to support the proposed project. The Hays County Emergency Services Department and Grants Administration Office find the proposed services and cost to be reasonable considering the scope and scale of the proposed project and recommend the approval of the Professional Services Agreement with Halff Associates.

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PROFESSIONAL SERVICES AGREEMENT HAYS COUNTY, TEXAS

HAYS COUNTY, a political subdivision of the State of Texas (hereinafter the “County”) with administrative offices at 111 E. San Antonio, Suite 300, San Marcos, Texas 78666, and –_Halff Associates, Inc.__hereinafter “Contractor”), whose primary place of business is located at__4030 West Braker Lane, Suite 450, Austin, TX 78759_, hereby enter into this Professional Services Agreement (hereinafter “Agreement”) effective the ___ day of _________, 2016 (hereinafter “Effective Date”). The County and Contractor (collectively “the parties to this Agreement” or “the parties”) agree as follows: 1. OVERVIEW Contractor has been requested by the County to perform professional services related to Prepare Texas Water Development Board Flood Protection Grant Application for Flood Monitoring_. 2. SERVICES Contractor agrees to perform services for the County in accordance with the County’s instructions and, in particular, the instructions of _______________ and/or legal counsel for the Hays County Commissioners Court; and in conformance with the descriptions, definitions, terms, and conditions of this Agreement. The Scope of Services shall be limited to those services and terms attached hereto as Exhibit “A”, and any subsections of Exhibit “A”, if as and when they are attached hereto and signed by the parties (collectively “the Work”). If the parties to this Agreement amend the Work required under this Agreement (by adding or removing specific services and/or terms enumerated in Exhibits “A” and/or “C”), the Compensation cited in Section 5 of this Agreement may also be amended to conform with the change in Scope of Services, as agreed by the parties. 3. ADDITIONAL TERMS Additional Terms and Obligations of the parties to this Agreement, if any, are stated in Exhibit “C”, attached hereto. 4. DURATION The parties agree that the Work shall be completed _twenty-seven days______ (_27_) days after commencement date. (hereinafter the “Completion Date”). In the event that Contractor is unable to complete the Work by the Completion Date, Contractor shall request an extension of the Completion Date in writing no later

Professional Services Agreement - Page 1 of 10 50

than fifteen (15) business days prior to the Completion Date. The County may grant extensions of the Completion Date for all reasonable extension requests and shall do so in writing. 5. COMPENSATION Contractor will be compensated for the Work on an hourly-charge basis, the terms of which are cited in Contractors rate schedule, which is attached hereto as Exhibit “B.” Despite any reference to Contractors rate schedule, which shall be used to calculate monthly invoice amounts under this Agreement or a change in the Scope of Services (i.e. Amendment), the parties agree that the County shall pay Contractor a total fee not to exceed __seven thousand__ dollars ($__$7,000.00_ USD) for the Work under this Agreement. 6. PAYMENT Contractor shall invoice the County for the Work performed under this Agreement on a monthly basis, beginning at the end of the first full month following the Effective Date. The County agrees to promptly pay all invoices by sending payment to Contractor’s address stated in Section 8, below. The County shall owe Contractor an additional one percent (1%) per month on any unpaid balance, beginning at the end of the first full month following the County’s receipt of said invoice(s) and accruing monthly thereafter. 7. NOTICE OF COMPLETION Upon completion of the Work, Contractor shall send a Notice of Completion to the County in writing, and the County shall have the option to inspect the Work (or the product thereof) before it is considered complete under this Agreement. If the County is satisfied that the Work under this Agreement is complete, the County shall send Contractor an Acceptance of Completion in writing. If, after inspection, the County does not agree that the Work is complete or believes that the Work is of deficient quality, the County shall send Contractor a Deficiency Letter, stating the specific aspects of the Work that are incomplete and/or deficient. If, after ten (10) business days from the County’s receipt of Contractor’s Notice of Completion, the County does not send Contractor either an Acceptance of Completion or a Deficiency Letter, the Work under this Agreement shall be considered complete. 8. NOTICE (GENERAL) All notices issued by Contractor under or regarding this Agreement shall be provided in writing to the County at: Hays


County, Attn: County Judge, 111 E. San Antonio, Suite 300 San Marcos, Texas 78666; fax 512-392-6500; [email protected] All notices issued by the County under or regarding this Agreement shall be provided in writing to Contractor at its primary place of business. Notices from one party to another under this Section may be made by U.S. Mail, parcel post, Facsimile, or Electronic Mail, sent to the designated contact at any of the designated addresses cited above. 9. INSURANCE Contractor agrees that, during the performance of all terms and conditions of this Agreement, from the Effective Date until the County’s acceptance of Contractor’s Notice of Completion or until this Agreement is otherwise considered completed as a matter of law, Contractor shall maintain Commercial General Liability insurance that meets or exceeds the industry standard for professional services providers in Contractor’s field of employment and for the type of services that are being performed by Contractor under this Agreement. 10. MUTUAL INDEMNITY Contractor agrees, to the fullest extent permitted by law, to indemnify and hold harmless the County, its officers, directors and employees against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by Contractor’s negligent performance of the Work under this Agreement and that of its subcontractors or anyone for whom the Consultant is responsible or legally liable. The County agrees, to the fullest extent permitted by law, to indemnify and hold harmless Contractor, its officers, directors, employees and subcontractors against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the County's negligent acts in connection with this Agreement. Neither the County nor Contractor shall be obligated to indemnify the other party in any manner whatsoever for the other party's negligence. 11. COMPLIANCE WITH LAWS Each party agrees to comply with all laws, regulations, rules, and ordinances applicable to this Agreement and/or applicable to the parties performing the terms and conditions of this Agreement.


mailto:[email protected]

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


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


IN WITNESS WHEREOF, the undersigned have duly executed and delivered this Professional Services Agreement, and hereby declare that THEY HAVE READ AND DO UNDERSTAND AND AGREE TO EACH AND EVERY TERM, CONDITION, AND COVENANT CONTAINED IN THIS AGREEMENT AND IN ANY DOCUMENT INCORPORATED BY REFERENCE. ___________________________ ___________________________ Hays County, Texas Halff Associates, Inc. By: Bert Cobb M.D. By: _Michael A. Moya, PE, CFM Hays County Judge Vice President


EXHIBIT “A” Scope of Work Purpose: The Texas Water Development Board (TWDB) is requesting applications for the possible award of grants for early warning systems, the implementation of alerting systems, or flood protection planning. Following a year of significant flooding throughout Hays County, the County would like to seek grant funding for the development of a Hays County Flood Monitoring System including purchase and installation of additional gages and gates.

Scope of Work: 1. Develop Application for TWDB Flood Protection Grant prior to June 17, 2016. Halff will

coordinate with the County to obtain data required to complete the application and compile notification letters to be sent by the County to the required recipients.

2. Develop a budget that identifies the local and state cost share to develop a flood monitoring system including purchase and installation of additional gages and gates throughout the County. Halff will coordinate with County staff and potential vendors to establish budgets for each task that will be included in the grant application. Local cost share can be budgeted over 2-3 fiscal years beginning in 2016-2017.

3. Assist supporting communities to acquire resolutions in support of this flood monitoring system and the TWDB grant application.

Deliverables:

1. TWDB Flood Protection Grant Application and submittal to TWDB.


EXHIBIT “B”

Fee Schedule

TASK TOTAL BUDGET

Task 1: Grant Application $7,000 TOTAL $7,000

Rate Schedule

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


EXHIBIT “C”

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

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

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

C. ______________________________________________________________________________________________________________________________

D. ______________________________________________________________________________________________________________________________

E. ______________________________________________________________________________________________________________________________


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

TASK NAME Duration

(days) Start Finish NOTICE TO PROCEED 1 10-May-16

Task 1: Prepare Grant Application 27 10-May-16 16-Jun-16





AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute a Bailment Agreement between Hays County and Wimberley Fire and Rescue (Hays County Emergency Services District #4), related to possession and use of identified personal property owned by Hays County.


ACTION-MISCELLANEOUS May 10, 2016 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



SMITH CONLEY N/A

SUMMARY Pursuant to discussions between the Hays County Emergency Services Coordinator and representatives from Wimberley Fire and Rescue, it is proposed that ESD#4 should possess and use 2 items: a used vehicle (see backup) and an unmanned aircraft (see backup) that could be utilized during Search and Rescue and/or Search and Recovery efforts.

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AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute a professional services agreement between GSC Architects and Hays County for architectural and pre-construction services related to modifications to the Precinct 2 Tax Office and amend the budget accordingly.


ACTION-MISCELLANEOUS May 10, 2016 Not to exceed $7000.00

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Caraway JONES N/A

SUMMARY 26B53B80B107B134B161B188B215B242BThe Tax Office has experienced a large increase in demand for services in the Precinct 2 building in Kyle. In order to efficiently serve Hays County Citizens an expansion to the customer service area is needed. Renovations will include the addition of a work station as well as other improvements to work flow and functionality. GSC Architects designed the facility and will be able to provide cost effective architectural and pre-construction services.

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Architectural Services Agreement Page 1 of 11

AGREEMENT BETWEEN HAYS COUNTY, TEXAS and

GSC ARCHITECTS for ARCHITECTURAL SERVICES

This Agreement is made as of May ______, 2016 (the “Effective Date”), by and between Hays County, a political subdivision of the State of Texas (hereinafter “Owner”) and GSC Architects, a Texas Corporation (“Architect”), which has a primary place of business at 901 South Mopac Expressway, Building III, Suite 400, Austin, Texas 78746. The above-named entities may hereunder be collectively referenced as “the Parties.”

ARTICLE 1

ARCHITECT’S SERVICES

1.1 Architect agrees to perform the services specifically described in Exhibit “A” and all other professional services reasonably inferable from Exhibit “A” and necessary for complete performance of Architect’s obligations under this Agreement (collectively, “Architect’s Services”). To the extent of any conflict between the terms in Exhibit “A” and this Agreement, the terms of this Agreement shall prevail.

ARTICLE 2

ARCHITECT’S RESPONSIBILITIES 2.1 Architect agrees to use Architect's best efforts, skill, judgment, and abilities so as to perform Architect's Services in an expeditious and timely manner consistent with professional standards of care in accordance with generally accepted practices and the orderly progress of the Project. Architect shall at all times provide sufficient personnel to accomplish Architect's Services in a timely manner. Architect shall manage its services, administer the Project and coordinate other professional services as necessary for the complete performance of Architect’s obligations under this Agreement.

2.2 Architect agrees to perform Architect's Services in compliance with all applicable national, federal, state, municipal, and State of Texas laws, regulations, codes, ordinances, orders and with those of any other body having jurisdiction over the Project. 2.3 Architect's Services shall be reasonably accurate and free from material errors or omissions. Architect shall promptly correct any known or discovered error, omission, or other defect in the plans, drawings, specifications, or other services provided by Architect without any additional cost or expense to Owner. 2.4 Architect shall designate a representative primarily responsible for Architect's Services under this Agreement. The designated representative shall act on behalf of Architect with respect to all phases of Architect's Services and shall be available as required for the benefit of the Project and Owner. The designated representative shall not be changed without prior approval of the Owner, which approval shall not be unreasonably withheld.

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2.5 The Project Architect shall carry such professional liability and errors and omissions insurance, covering the services provided under this Agreement, in accordance with Article 13, below. The fees for such insurance will be at the expense of the Project Architect. Project Architect shall deliver a Certificate of Insurance indicating the expiration date, and existence, of the Project Architect’s professional liability insurance before commencement or continuation of performance of the services under this Agreement.

ARTICLE 3

THE OWNER'S RESPONSIBILITIES 3.1 The Owner, by way of correspondence, teleconference, and/or personal meetings, shall provide the Architect with a full description of the requirements of the Project. 3.2 The Owner shall furnish surveys, geotechnical reports or other special investigations of the Project site, as requested by the Architect and/or as reasonably necessary for the completion of Architect’s Services. The Owner shall furnish structural, mechanical, chemical and other laboratory tests, as reasonably required. 3.3 The Owner will review the Architect's drawings, specifications and other documents of service produced by Architect’s in the performance of its obligations under this Agreement (collectively the “Design Documents”) as required. Owner will notify Architect of any design fault or defect in Architect’s Services or Design Documents of which Owner becomes aware.

3.4 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of Architect's Services. 3.5 The Owner designates James “Clint” Garza, Director of Community and Development Services, as its representative authorized to act in the Owner's behalf with respect to the Project.

ARTICLE 4 OWNERSHIP AND USE OF DOCUMENTS

4.1 The Design Documents prepared by Architect as instruments of service are and shall remain the property of the Architect whether the Project for which they are created is executed or not. However, the Owner shall be permitted to retain copies, including reproducible copies, of the Design Documents for information and reference in connection with the Owner’s use and occupancy of the Project. In addition, Owner shall have an irrevocable, paid-up, perpetual license and right, which shall survive the termination of this Agreement, to use the Design Documents and the ideas and designs contained in them for any purpose, with or without participation of the Architect.

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ARTICLE 5 DISPUTE RESOLUTION

5.1 To the extent that it is applicable, the dispute resolution process provided for in

Chapter 2260 of the Texas Government Code shall be used by Architect to resolve any claim for breach of contract made by Architect that is not resolved in the ordinary course of business between Architect and Owner.

5.2 Nothing herein shall hinder, prevent, or be construed as a waiver of Owner’s right to seek redress on any disputed matter in a court of competent jurisdiction.

5.3 In any litigation between the Owner and the Architect arising from this Agreement or this Project, neither party will be entitled to an award of legal fees or costs in any judgment regardless which one is deemed the prevailing party.

5.4 Nothing herein shall waive or be construed as a waiver of Hays County’s sovereign immunity.

5.5 Neither the occurrence of an event giving rise to a breach of contract claim nor

the pendency of a claim constitute grounds for the suspension of performance by Architect, in whole or in part. Owner and Architect agree that any periods set forth in this Agreement for notice and cure of defaults are not waived, delayed, or suspended by Chapter 2260 or this section.

5.6 In accordance with Chapter 2260, the Owner designates Mark Kennedy, General

Counsel (or successor), as its representative for the purpose of reviewing Architect's claim(s) and negotiating with Architect in an effort to resolve such claim(s).

ARTICLE 6 PROJECT TERMINATION OR SUSPENSION

6.1 Termination for Cause: Should a Party fail substantially to perform in accordance

with the terms of this Agreement through no fault of the other Party, the Party not at fault shall notify the defaulting Party, provided detail of the alleged breach. If, after the defaulting Party has failed to cure a bona fide breach of this Agreement within thirty (30) days of the provision of notice under this Section, this Agreement may be terminated by the non-defaulting party upon written notice. If a termination for cause under this section is later determined to be improper, the termination shall automatically convert to a termination for convenience and Architect’s recovery for termination shall be strictly limited to the compensation allowable under a termination for convenience.

6.2 Termination for Convenience: This agreement may be terminated for

convenience by the Owner in whole or in part, upon at least ten (10) days written notice to the Architect.

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6.3 Compensation: In the event of termination for convenience, the Architect shall be entitled to compensation for all services satisfactorily performed to the termination date, together with approved Reimbursable Expenses then due, provided Architect delivers to Owner statements, accounts, reports and other materials as required for payment along with all reports, documents and other materials prepared by Architect prior to termination.

ARTICLE 7

MISCELLANEOUS PROVISIONS

7.1 Entire Agreement. This Agreement supersedes all prior agreements, written or oral, between Architect and Owner and constitutes the entire and integrated Agreement and understanding between the parties with respect to the subject matter of the Agreement. This Agreement may only be amended by a written instrument signed by both parties. 7.2 Assignment. This Agreement is a personal service contract for the services of Architect, and Architect’s interest in this Agreement, duties hereunder and/or fees due hereunder may not be assigned or delegated to a third party.

7.3 Applicable Law. This Agreement shall be construed, interpreted and applied in accordance with and governed by and enforced under the laws of the State of Texas without giving effect to principles of conflict of law. 7.4 Waiver. A delay or omission by either party in exercising any right or power under the Agreement shall not be construed as a waiver of that right or power. A waiver by either party of any term or condition of the Agreement shall not be construed as a waiver of any subsequent breach of that term or condition or of any other term or condition of the Agreement. 7.5 Severability. If any provision of this Agreement is determined to be invalid or unenforceable in any respect, that determination shall not affect any other provision of this Agreement which shall be interpreted as if the invalid or unenforceable provision had not been included.

7.6 Independent Contractor. Architect recognizes that Architect is engaged as an independent contractor and acknowledges that Owner shall have no responsibility to provide Architect or its employees with any benefits normally associated with employee status. Architect will neither hold itself out as nor claim to be an officer, partner, employee or agent of Owner.

7.7 Notices. All notices referenced in this Agreement shall be provided in writing. Notices shall be deemed effective when delivered by hand delivery or on the third business day after the notice is deposited in the U.S. Mail. Notices may be duplicated by email, but email notice shall not constitute official notice under this Agreement. Notices shall be sent to the following addresses:

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To Owner: Lon A. Shell Chief of Staff 111 E. San Antonio Street, Suite 300 San Marcos, TX 78666 [email protected] With Copy to: Mark D. Kennedy General Counsel 111 E. San Antonio Street, Suite 202 San Marcos, TX 78666 [email protected]

To Architect: _________________________

_________________________ _________________________ _________________________ _________________________

The Parties may designate alternative persons or addresses for receipt of notices by written notice.

ARTICLE 8 DIRECT SALARY EXPENSE

8.1 Direct Salary Expense (“DSE”) is defined as the actual salaries of the Architect’s

personnel directly engaged on the Project, expressed on an hourly wage basis prior to deductions for employment taxes and employee-paid benefits. DSE shall not include the costs of mandatory and customary employer provided contributions and employee benefits, overhead expenses or profit relating to the Project. Any multiplier applied to the DSE shall be for the purpose of covering all employer-provided contributions and employee benefits, overhead expenses, and profits. The Parties agree that Architect’s Fee Schedule, which is attached hereto as Exhibit “B” and incorporated herein for all purposes, and which identifies all personnel who will be assigned to the Project, fairly reflects DSE.

ARTICLE 9 REIMBURSABLE EXPENSES

9.1 Reimbursable Expenses are in addition to Compensation for Architect’s Services

and include actual and reasonable expenses incurred by the Architect, its employees and its Architects solely and directly in connection with the performance of Architect’s Services for the following:

70


Expense of transportation and living expenses in connection with out-of-state travel, if any, as directed and approved in advance by the Owner. Transportation and living expenses incurred within the State of Texas are not reimbursable unless expressly approved by the Owner in advance.

Fees paid for securing approval of authorities having jurisdiction over the Project. Professional models and renderings if requested by the Owner.

Reproductions, printing, binding, collating and handling of reports, and drawings and specifications or other project-related work product, other than that used solely in-house for Architect and its agents. Shipping or mailing of all reports, drawings, specifications, and other items in connection with the Project.

ARTICLE 10

ADDITIONAL SERVICES 10.1 Additional Services are services not included in the Architect’s Services and not reasonably inferable from Architect’s Services. Additional Services shall be provided only if authorized or confirmed in writing by the Owner. Prior to commencing any Additional Service, Architect shall prepare for acceptance by the Owner an Additional Services Proposal detailing the scope of the Additional Services and the proposed fee for those services. Architect shall proceed to perform Additional Services only after written acceptance of the Additional Services Proposal by Owner. 10.2 Upon acceptance by Owner, each Additional Services Proposal and the services performed by Architect pursuant to such Additional Services Proposal shall become part of this Agreement and shall be subject to all the terms and conditions of this Agreement.

ARTICLE 11

PAYMENTS TO ARCHITECT 11.1 Architect shall present monthly Applications for Payment to the Owner detailing the Architect’s Services and approved Additional Services performed and the approved Reimbursable Expenses incurred for the Project in the previous month. With each application for payment, Architect shall submit payroll information, receipts, invoices and any other evidence of payment which Owner or its designated representatives shall deem necessary to support the amount requested. 11.2 Owner shall promptly review the Application for Payment and notify Architect whether the Application is approved or disapproved, in whole or in part. Owner shall promptly pay Architect for all approved services and expenses. For purposes of Texas Government Code

71


§ 2251.021(a)(2), the date performance of services is completed is the date when the Owner's representative approves the Application for Payment. 11.3 Owner shall have the right to withhold from payments due Architect such sums as are necessary to protect Owner against any loss or damage which may result from negligence by Architect or failure of Architect to perform its obligations under this Agreement.

ARTICLE 12

ARCHITECTS ACCOUNTING RECORDS 12.1 Records of Architect’s costs, reimbursable expenses pertaining to the Project and payments shall be available to Owner or its authorized representative during business hours and shall be retained for (3) three years after final Payment or abandonment of the Project, unless Owner otherwise instructs Architect in writing. Architect’s records shall be kept on the basis of generally accepted accounting principles.

ARTICLE 13 INSURANCE

13.1 For services performed under this Agreement, Architect shall furnish to Owner

Certificates of Insurance as set forth below prior to the commencement of any work hereunder and shall maintain such coverage during the full term of the Agreement.

Worker's Compensation Statutory Limits Employer's Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

$1,000,000 each accident $1,000,000 policy limit $1,000,000 each employee

Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate

Business Auto Liability Combined Single Limit $1,000,000 each occurrence Worker's Compensation Statutory Limits

Services Provider shall include the Owner as an additional insured on the General Liability

policy, and the Worker’s Compensation policy shall include a waiver of subrogation in favor of the Owner.

13.2 The above-stated insurance coverages shall not be cancelled without thirty (30) days’ prior written notice to Owner.

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ARTICLE 14 INDEMNITY

14.1 ARCHITECT SHALL HOLD OWNER AND OWNER’S OFFICERS, AGENTS AND EMPLOYEES

HARMLESS AND FREE FROM ANY LOSS, DAMAGE OR EXPENSE ARISING OUT OF ANY OCCURRENCE

RELATING TO THIS AGREEMENT OR ITS PERFORMANCE AND SHALL INDEMNIFY OWNER AND OWNER’S

OFFICERS, AGENTS AND EMPLOYEES AGAINST ANY DAMAGE OR CLAIM OF ANY TYPE ARISING FROM

THE NEGLIGENT OR INTENTIONAL ACTS OR OMISSION OF THE ARCHITECT, ITS EMPLOYEES, AGENTS

AND/OR ASSIGNS.

ARTICLE 15 ARCHITECT’S COMPENSATION

15.1 The Architect’s Compensation for Architect’s Services shall be as described in Exhibit B. The maximum fee for Architect’s Services shall not exceed Seven Thousand Dollars ($7,000.00). Owner and Architect have entered into this Agreement as of the Effective Date. OWNER: ARCHITECT: By: By: Name: Judge Bert Cobb, M.D. Name: ________________________ Title: Hays County Judge Title: ________________________ ATTEST: __________________________ Liz Q. Gonzalez Hays County Clerk

EXHIBIT A

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Scope of Work

1. Proposal Preparation, Onsite Review, Finishes Research, Code Research, Clearances Reviewed, Preliminary Design

2. Schematic Design/Design Development Demo Plan, Floor Plan, RCP, Millwork Elev/Details, Alternate to cut 10 inches off privacy panels, Specifications Owner/AEC Meeting: 1 SD/DD Mtg., Pick up Comments

3. Construction Drawings Plans, RCPs, Details, Specifications Clearances reviewed/documented Electrical/IT Coordination

4. Construction Administration

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EXHIBIT B Fee Schedule Hays County Precinct 2 Tax Renovations 5500 FM 2770 Kyle, Texas 78640 HOURLY RATES Architectural Staff Principal…………………………………………………. $220.00 Associate Principal……………………………………… $165.00 Senior Architect…………………………………………. $130.00 Project Manager ………………………………………….$120.00 Project Architect …………………………………………$110.00 Architect II ………………………………………………...$95.00 Architect I ………………………………………………....$85.00 Architect Intern III………………………………………... $75.00 Architect Intern II ………………………………………....$70.00 Architect Intern I………………………………………… .$65.00 Construction Contract Administrator ……………………$105.00 Draftsperson ………………………………………………$65.00 Interior Design Staff Senior Project Manager ……………………………….….$130.00 Project Manager ……………………………………….….$100.00 Senior Designer ……………………………………………$95.00 Designer III…………………………………………………$80.00 Designer II …………………………………………………$70.00 Designer I ………………………………………………….$60.00 Support Staff Administrative Support II ………………………………….$65.00 Administrative Support I………………………………….. $55.00

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EXHIBIT C Additional Terms to the Services provided by Contractor, if any, are as follows:

Additional Services

The owner reserves the right to authorize additional work on the part of the Architect, or

consultants, through the Architect. Said work shall be related to facilities for Hays County

including, but not limited to: feasibility studies, design of new facilities, additions or

renovations to existing facilities, and grant applications. Additional services are to be

provided only when authorized in writing by the appropriate authority.

Presentations

The Architect, if authorized by the Owner, shall participate in a presentation of the proposed

study and master plan and shall prepare a presentation for the purposes of informing the

general public and elected officials.

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AGENDA ITEM

Discussion and possible action to approve Texas A&M AgriLife Extension Service's hiring of a Family and Consumer Sciences (FCS) Extension Agent for Hays County.


ACTION-MISCELLANEOUS May 10, 2016 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Shell COBB N/A

SUMMARY 26B53B80B107B134B161B188B215B242BThe Candidate will be present and introduced during Court. The estimated start date in Hays County is July 1, 2016.

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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 real property including the marketing and potential sale or lease of County owned properties. Possible action may follow in open court.


EXECUTIVE SESSION May 10, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



COBB N/A

SUMMARY

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