presentations & proclamations public comments …€¦ · presentation by david braun, on...

Commissioners Court –March 24, 2015 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 24th day of March, 2015, in the Hays County Courthouse, Room 301, San Marcos, Texas. An Open Meeting will be held concerning the following subjects:

CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE - Pledge of Allegiance to the American Flag & Pledge of Allegiance to the Texas Flag ROLL CALL

PRESENTATIONS & PROCLAMATIONS 1 4-5 Adopt a Proclamation declaring March 24, 2015 as World TB Day. INGALSBE/HERRING 2 6-7 Adopt a Proclamation recognizing the 75th birthday of Westover Baptist Church. CONLEY

3 8 Presentation and discussion with possible action regarding an update on the current activities of the Hays Caldwell Public Utility Agency (HCPUA). INGALSBE/JONES

4 9 Presentation by David Braun, on behalf of Bill Johnson and Halifax Ranch, regarding the results of a hydrological evaluation performed by LBG-Guyton Associates. CONLEY

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

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

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

A Commissioner, the County Judge, or a Citizen may request items be pulled for separate discussion and/or action. 5 10 Approve payments of county invoices. HERZOG 6 11-15 Approve Commissioners Court Minutes of March 10, 2015. COBB/GONZALEZ

7 16-25 Authorize the County Judge to execute a contract with Hughesnet and Checkfront for internet service and online reservation system at the Jacob's Well Natural Area and amend budget accordingly. CONLEY/GARZA

8 26 Authorize Institutional OSSF Permit at 8807 Niederwald Strasse, Niederwald, TX. JONES/WHISENANT

9 27 Authorize Institutional OSSF Permit 725 Marks Way, Kyle, TX. JONES/MCINNIS

10 28 Accept donations totaling $175.00 issued to Hays County Sheriff's Office Communications Division and amend the budget accordingly. COBB/CUTLER

11 29 Authorize the Fire Marshal to accept LEOSE Funds distributed from the State Comptroller and amend the budget accordingly. COBB/CHAMBERS

12 30-34 Approve the appointment of Joleene Snider and the re-appointment of Lee Ikels and Jeanne Worrell to the Hays County Child Protective Board. COBB

13 35 Amend the Sheriff's Operating budget for additional costs associated with the Smart Board Interactive System for the CID division. COBB/CUTLER

14 36-37 Authorize the County Judge to execute Change Order No. 1 for ASD Consultants related to the construction re-model at the Broadway Health Clinic. INGALSBE/GARZA

15 38 Authorize the Information Technology department to purchase additional equipment needed for server storage and amend the budget accordingly. COBB/MCGILL

16 39-59 Ratify the County Judge's execution of a contract with the Texas Department of State Health Services for on-line computer services related to the certification of vital records in the County Clerk's office. COBB/GONZALEZ

ACTION ITEMS

ROADS

17 60 Hold a public hearing to consider establishing traffic regulations on Woodacre Drive, Chaparral Drive and Mt. Sharp Road in Pct. 3. CONLEY/GARZA/BORCHERDING

18 61-70 Discussion and possible action to consider the acceptance of road construction and drainage improvements and acceptance of the maintenance bond for a 2-year period for The Meadows at Buda subdivision, Sec. 4A. WHISENANT/BORCHERDING

19 71-78 Discussion and possible action to accept fiscal surety for street and drainage improvements for Driftwood Subdivision Phase 1 Section 1 in the amount of $1,839,936.41. WHISENANT/BORCHERDING/MCINNIS

20 79-99

Discussion and possible action to authorize the County Judge to execute a Supplemental Agreement No. 1 to the Professional Service Agreement with HDR Engineering, Inc. for professional right-of-way acquisition services on the Buda Truck Bypass project in Hays County increasing the Compensation Cap from $1,900,000.00 to $2,000,000.00. JONES

SUBDIVISIONS

21 100-103 SUB-235 Caliterra Phase 1 Section 2 (26 lots). Discussion and possible action to approve final plat and accept fiscal surety for street and drainage improvements in the amount of $8,620. WHISENANT/MCINNIS

22 104-105 SUB-353 Lone Man Subdivision (1 lot). Discussion and possible action to approve final plat. CONLEY/MCINNIS

MISCELLANEOUS

23 106 Discussion and possible action to hire Byrn & Associates to research, survey and prepare a sketch exhibit for Right of Way (ROW) at the end of Carpenter Lane. JONES/BORCHERDING

24 107-114 Discussion and possible action to approve form of Internal Motor Vehicle License Validation Sticker Agreement for use by the Hays County Tax Assessor-Collector. COBB/CARAWAY

25 115 Discussion and possible action to consider granting a variance from Section 701.5.04 of the Hays County Development Regulations to allow permitting of an On-Site Sewage Facility at 760 Crest Circle, San Marcos. INGALSBE/MCINNIS

26 116-118 Discussion and possible action to update the rules and regulations for the Jacobs Well Natural Area; adopt a fee schedule and peak season access guidelines. CONLEY/GARZA

27 119-122 Discussion and possible action to authorize the Parks Department to hire three part-time seasonal positions for the Jacob's Well Natural Area and amend the budget accordingly. CONLEY/GARZA

28 123-130 Discussion and possible action to authorize the County Judge to execute a Software as a Service Subscription Agreement between Hays County and Budget Infographics, Inc. INGALSBE

29 131-138 Discussion and possible Resolution expressing support of Hays County for Legislation related to a Local Provider Participation Fund. COBB

30 139-142 Discussion and possible Resolution expressing support of Hays County for Legislation related to Goforth Special Utility District. CONLEY

31 143-144 Discussion and possible Resolution expressing support of Hays County for legislative approval of funding for a new Engineering and Science Facility and the Multifunctional Materials Innovation Institute at Texas State University. CONLEY

32 145-147 Discussion and possible Resolution expressing support of Hays County for Legislation creating a local option for an ad valorem tax exemption of the portion of a person's appraised property value attributable to a rainwater harvesting system. CONLEY

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.

33 148

Executive Session pursuant to Sections 551.071 and 551.087 of the Texas Government Code: consultation with counsel and deliberation regarding economic development negotiations associated with Projects Humpty Dumpty, Ollie and Power Chip. Possible action may follow in open court. COBB

34 149 Executive Session pursuant to 551.071 of the Texas Government Code: consultation with counsel regarding all pending and/or contemplated litigation involving Hays County. Possible action may follow. COBB

STANDING AGENDA ITEMS

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

35 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

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

37 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 20th day of March, 2015

COMMISSIONERS COURT, HAYS COUNTY, TEXAS

______________________________________________ CLERK OF THE COURT

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

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

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

AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

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

AGENDA ITEM

Adopt a Proclamation declaring March 24, 2015 as World TB Day.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

PROCLAMATIONS/PRESENTATIONS March 24, 2015 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR

GARZA/HERRING INGALSBE N/A

SUMMARY 26BPlease see attached Proclamation.

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PROCLAMATION DECLARING MARCH 24, 2015 AS WORLD TB DAY IN HAYS COUNTY

WHEREAS, One-third of the World’s population is thought to be infected with Mycobacterium Tuberculosis (TB), with 9 million new actively diseased cases in 2013 causing 1.5 million deaths, and 9,500 of those living in the United States;

WHEREAS, in 2013 Tuberculosis caused disease in 1,222 residents of Texas and death in 76 , and of those cases 82 came from our 30 county Region 7 ( including 2 Hays County adults and 1 child) with another 116 cases from our adjoining counties to the North and South;

WHEREAS, it is estimated that over 1 million more in Texas are infected with the bacterium, and though not currently contagious have at least a 10% life-time risk of developing active disease if not treated preventively; and

WHEREAS, multi-drug resistant TB increased by over 100 cases in the U.S. in 2013, and Texas is one of nine states to have verified cases of these multiple drug resistant forms of Tuberculosis (7 last year) as well as 1 extensively drug resistant case and the spread of these increasingly difficult to treat organisms nationally threatens to undermine our goal to ultimately eliminate Tuberculosis; and

WHEREAS, pulmonary TB is very contagious, and treatment for infected individuals is critical in preventing the cycle of transmission; and

WHEREAS, Texas’s state and local Health Departments are united to support the individuals, families, and communities affected by this disease, and renew our commitment to preventing the spread of TB by public awareness and continuing our preventive efforts; and

WHEREAS, to help raise awareness about the international health threat presented by Tuberculosis and eventually “STOP TB”, the Centers for Disease Control and the Texas Department of State Health Services Division of Tuberculosis elimination join together with our Region 7 Tuberculosis prevention program, Hays County, and Hays County Local Health Department to invite all health providers and residents of Texas to recognize World TB Day March 24, 2015.

NOW, THEREFORE, BE IT PROCLAIMED that the Hays County Commissioners’ Court does hereby proclaim the 24th day of March, 2015 as:

WORLD TB DAY IN HAYS COUNTY

ADOPTED THIS THE 24th DAY OF MARCH, 2015

Bert Cobb Hays County Judge

______________________________ ______________________________Debbie Gonzales Ingalsbe Mark JonesCommissioner, Pct. 1 Commissioner, Pct. 2

______________________________ ______________________________Will Conley Ray WhisenantCommissioner, Pct. 3 Commissioner, Pct. 4

ATTEST:

_________________________Liz Q. Gonzalez Hays County Clerk

STATE OF TEXAS §§

COUNTY OF HAYS §

5




AGENDA ITEM

Adopt a proclamation recognizing the 75th birthday of Westover Baptist Church.


PROCLAMATIONS/PRESENTATIONS March 24, 2015

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Pastor Jeff Latham CONLEY N/A

SUMMARY 25B51B77B103B129B155B181B207B233BThe Proclamation is attached.

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PROCLAMATION RECOGNIZING THE 75th BIRTHDAY OFWESTOVER BAPTIST CHURCH

WHEREAS, Westover Baptist Church will celebrate its 75th birthday this year; and

WHEREAS, it all started in the summer of 1939 when students from the San Marcos Baptist Academy held a two week revival in the old Westover Schoolhouse across the street from the present day Westover Baptist Church; and

WHEREAS, the official commencement of the Church was March 31, 1940, when 12 pastors of the San Marcos Baptist Association met under the large oak tree near that old Westover School building for the purpose of organizing a church; and

WHEREAS, services continued to be held in the school building until February 1953, until gatherings began in the new church building that was constructed over a two year period by volunteer workers; and

WHEREAS, Westover Baptist Church has been served through the years by a succession of 19 pastors; and

WHEREAS, currently Pastor Jeff Latham serves the call as pastor to the Westover Baptist Church, and has previously served the Church as Music Minister and Interim Pastor;

NOW, THEREFORE, BE IT PROCLAIMED, that the Hays County Commissioners Court recognizes the 75th birthday of the Westover Baptist Church, and honors the Church’s service to the Hays County community and abroad.

PASSED AND APPROVED this 24th day of March, 2015.

Judge Bert Cobb, M.D. Hays County Judge

Debbie Ingalsbe Mark Jones Commissioner, Precinct 1 Commissioner, Precinct 2

Will Conley Ray Whisenant Commissioner, Precinct 3 Commissioner, Precinct 4

Attest:

Liz. O Gonzalez County Clerk

STATE OF TEXAS § § COUNTY OF HAYS §

7




AGENDA ITEM

Presentation and discussion with possible action regarding an update on the current activities of the Hays Caldwell Public Utility Agency (HCPUA).


PROCLAMATIONS/PRESENTATIONS March 24, 2015

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



INGALSBE JONES

SUMMARY 24B49B74B99B124B149B174B199B224BGraham Moore, General Manager of the HCPUA will be in attendance to give the Court an update and brief history of the HCPUA. The presentation will include a discussion with possible action regarding how the Court can stay informed of HCPUA activities and facilitate communication between the HCPUA and Hays County.

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AGENDA ITEM

Presentation by David Braun, on behalf of Bill Johnson and Halifax Ranch, regarding the results of a hydrological evaluation performed by LBG-Guyton Associates.


PROCLAMATIONS/PRESENTATIONS March 24, 2015 N/A

LINE ITEM NUMBER N/A

AUDITOR USE ONLY

AUDITOR COMMENTS:



CONLEY CONLEY N/A

SUMMARY 27B56B85B114B143B172B201B230B259BDavid Braun of Braun and Gresham, LLC, will provide information related to a hydrological evaluation that was performed to provide information about the impact of the Electro Purification project, which is located near to the Halifax Ranch. 28B57B86B115B144B173B202B231B260BWilliam F. Guyton Associates was established in 1951 and quickly became recognized for its preeminence in water resources development in the South and Southwest. In 1992, Guyton merged with Leggette, Brashears & Graham, Inc. (LBG) in order to better serve clients in the Texas and Southwest Region. LBG-Guyton Associates continues to provide consulting services in a timely fashion while consistently implementing effective, long-term solutions to complex issues. LBG-Guyton Associates is a recognized leader in the field of groundwater noted for bringing added value and attention to client needs.

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AGENDA ITEM

Approve payment of County invoices.


CONSENT March 24, 2015

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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


Auditor’s Office HERZOG N/A

SUMMARY

10




AGENDA ITEM

Approve Commissioner Court Minutes of March 10, 2015.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Gonzalez COBB N/A

SUMMARY

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HAYS COUNTY COMMISSIONERS' COURT MINUTES

MARCH 10, 2015 ***** ***** VOLUME V PG 575 STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 10TH DAY OF MARCH A.D., 2015, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:

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

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

AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

Reverend Carl W. Clark, Chaplin gave the Invocation and Judge Cobb led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Cobb called the meeting to order. PRESENTATION BY CAPCOG ON THE ENVIRONMENTAL PROTECTION AGENCY (EPA) PROPOSED OZONE STANDARDS & IMPLICATIONS FOR CENTRAL TEXAS Fred Blood, Air Quality Specialist of the Capital Area Council of Governments gave a Powerpoint Presentation. The Environmental Protection Agency (EPA) proposed a range of levels for ground level ozone standards in November. Proposed ranges are from 65 to 75 parts per billion (ppb), a reduction from the current 75 ppb. The presentation outline implications of lowered standards for Central Texas and Hays County, cover current emission reduction programs and local area ozone status, and discuss potential responses to the proposal. 30499 APPROVE PAYMENTS OF COUNTY INVOICES A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve payments of County Invoices in the amount of $1,509,612.35 as submitted by the County Auditor. Commissioner Conley voting “No”. Commissioner Ingalsbe, Commissioner Jones, Commissioner Whisenant and Judge Cobb voting “Aye”. MOTION PASSED 30500 APPROVE COMMISSIONERS COURT MINUTES OF MARCH 3, 2015 A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve Commissioners Court Minutes of March 3, 2015 as presented by the County Clerk. Commissioner Conley voting “No”. Commissioner Ingalsbe, Commissioner Jones, Commissioner Whisenant and Judge Cobb voting “Aye”. MOTION PASSED 30501 AUTHORIZE THE SHERIFF'S OFFICE TO PURCHASE EQUIPMENT FOR THE

TRAINING ACADEMY AND AMEND THE BUDGET ACCORDINGLY The Sheriff's Office would like to purchase two Rowers for the Training Academy. The rowers will be beneficial to the department for physical fitness testing and tracking. No additional funds are needed; they have been identified in the Training Academy. Amount required $1,780.00. Decrease Training Academy: 001-618-00.5333 ($1,780.00); Increase Miscellaneous Equipment: 001-618-00.5719_400 1,780.00. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Sheriff's Office to purchase equipment for the Training Academy and amend the budget accordingly. Commissioner Conley voting “No”. Commissioner Ingalsbe, Commissioner Jones, Commissioner Whisenant and Judge Cobb voting “Aye”. MOTION PASSED 30502 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A LETTER AMENDMENT (3RD

AMENDMENT) TO THE INTERLOCAL AGREEMENT WITH THE CITY OF BUDA FOR PARK BOND FUNDING OF THE BUDA SKATE PARK/BRADFIELD PARK PROJECTS

On May 3, 2011 the Hays County Commissioners Court entered into an Interlocal Agreement with the City of Buda for the award of Park Bond funds for the development of Buda Skate Park and improvements to Bradfield Park. The Buda (Jackson Tyler Norris Memorial) Skate Park project was completed in late 2013 with a grand opening held on December 14, 2013. The 1st Amendment to the Interlocal Agreement was made in March, 2014 to extend the termination date of the Agreement from April 30, 2014 to October 31, 2014 for the completion of the Bradfield Park project. A 2nd Amendment was made in November, 2014 to extend the termination date to January 31, 2015 because of weather delays. Work on Bradfield Park has been ongoing, with a construction contract awarded to T.F. Harper and Associates, LP. Construction delays have been encountered due to rains over the course of the project term, and delay in shipment of lighting equipment,

12


VOLUME V PG 576 ***** ***** MARCH 10, 2015 extending the time needed for construction completion. The City of Buda, acting through Stanley Fees, City Engineer and Drew Wells, Parks Director is requesting a time extension to the existing Interlocal Agreement to complete improvements for Bradfield Park. The Third (3rd) Amendment will extend the termination date of the Agreement from January 31, 2015 to May 1, 2015 to accommodate project completion. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a letter amendment (3rd Amendment) to the Interlocal Agreement with the City of Buda for Park Bond funding of the Buda Skate Park/Bradfield Park projects. Commissioner Conley voting “No”. Commissioner Ingalsbe, Commissioner Jones, Commissioner Whisenant and Judge Cobb voting “Aye”. MOTION PASSED 30503 AUTHORIZE AND/OR RATIFY GENERAL COUNSEL'S RETENTION OF OUTSIDE

COUNSEL FOR ASSISTANCE WITH MATTERS RELATED TO PUBLIC INFORMATION ACT REQUESTS ON AN AS NEEDED BASIS

Due to workload and/or potential conflict, General Counsel recommends retaining outside counsel to handle Public Information Request from time to time. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize and/or ratify General Counsel's retention of outside counsel for assistance with matters related to Public Information Act requests on an as needed basis. All voting “Aye”. MOTION PASSED

30504 AMEND THE JUVENILE PROBATION TEXAS JUVENILE JUSTICE DEPARTMENT

(TJJD-A GRANT) BUDGET FOR OVER-TIME EXPENSES RELATED TO SPECIALIZED PROGRAMS

Due to an oversight, funds were not budgeted during the budget process within the grant cost center to allow for the overtime costs associated with specialized programs that are allowable through the grant. Funds will be moved within the grant to cover these costs. No county funds needed. Amount required $4,400; Increase Overtime .5031; Decrease Contract Detention .5361. A motion was made by Commissioner Ingalsbe,seconded by Commissioner Jones to amend the Juvenile Probation Texas Juvenile Justice Department (TJJD-A Grant) budget for over-time expenses related to specialized programs. All voting “Aye”. MOTION PASSED

30505 AUTHORIZE GENERAL COUNSEL TO PROVIDE A SECURITY REQUIREMENT FOR

EVENTS BEING HELD ON HAYS COUNTY PROPERTIES A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize General Counsel to provide a security requirement for events being held on Hays County properties. All voting “Aye”. MOTION PASSED 30506 APPROVE CANCELLATION OF COMMISSIONERS COURT ON MARCH 17, 2015 A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve cancellation of Commissioners Court on March 17, 2015. All voting “Aye”. MOTION PASSED 30507 ACCEPT THE RELEASE OF THE MAINTENANCE BOND, AND ACCEPTANCE OF

THE ROADS INTO THE COUNTY ROAD SYSTEM FOR BELTERRA SUBDIVISION, PH. 2, SEC. 7

Staff recommends acceptance of the roads into the county road system. The Transportation Department has inspected and approved the punch list of repairs. Roads with linear footage amounts include: Wellington Drive (1,645 ft) and Wellesley Court (290 ft). A motion was made by Commissioner Whisenant, seconded byCommissioner Jones accept the release of the Maintenance Bond, and acceptance of the roads into the County Road System for Belterra Subdivision, Ph. 2, Sec. 7. All voting “Aye”. MOTION PASSED 30508 ACCEPT THE RELEASE OF THE MAINTENANCE BOND, AND ACCEPTANCE OF

THE ROADS INTO THE COUNTY ROAD SYSTEM FOR SHADOW CREEK SUBDIVISION, PH. 6, SEC. 2

Staff recommends acceptance of the roads into the county road system. The Transportation Department has inspected and approved the punch list of repairs. Roads with linear footage amounts include: Dragon Ridge Road (1,415 ft). This measurement will be added to the section that is currently county maintained, which will now total 2,893 ft.). A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept the release of the Maintenance Bond, and acceptance of the roads into the County Road System for Shadow Creek Subdivision, Ph. 6, Sec. 2. All voting “Aye”. MOTION PASSED

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MARCH 10, 2015 ***** ***** VOLUME V PG 577 30509 CALL FOR A PUBLIC HEARING ON MARCH 24, 2015 TO CONSIDER

ESTABLISHING TRAFFIC REGULATIONS (NO PARKING ZONES) ON WOODACRE DRIVE, CHAPARRAL DRIVE AND MT. SHARP ROAD IN PCT. 3

To establish: "NO PARKING zone" along Woodacre Drive, Chaparral Drive and Mt. Sharp Road in Precinct 3. A motion was made by Commissioner Whisenant, seconded by Commissioner Conley to call for a public hearing on March 24, 2015 to consider establishing traffic regulations (NO PARKING ZONES) on Woodacre Drive, Chaparral Drive and Mt. Sharp Road in Pct. 3. All voting “Aye”. MOTION PASSED 30510 CALL FOR A PUBLIC HEARING ON MARCH 24, 2015 TO DISCUSS FINAL PLAT

APPROVAL OF THE REPLAT OF A PORTION OF LOT 15B, HURLBUT RANCH WEST

Hurlbut Ranch West is a recorded subdivision located off of McGregor Lane in Precinct 4. Lot 15B was divided by metes and bounds shortly after the plat was recorded. The proposed re-plat will divide a 48.89 acre portion of the original 57.39 acre lot into 6 lots, reflecting the survey which divided the original lot, thereby bringing these portions into compliance with Hays County Development Regulations. Water service will be provided by individual water wells and wastewater treatment will be accomplished by individual on-site sewage facilities. There is an area of concentrated drainage on these lots which, per Hays County Development Regulations, requires the identification of a local floodplain. The regulations allow for an exemption to the County's storm water management standards for subdivisions of five lots or less. Due to the participation of multiple property owners in the correction of this plat, this replat is not eligible for the exemption. The owners feel that the requirement is an undue burden and will be requesting a variance at the time of final plat approval. A drainage easement has been placed in the area of concentrated drainage to offer equal protection in lieu of a local floodplain. The owner's justification is provided in backup. A motion was made by Commissioner Whisenant,seconded by Commissioner Jones to call for a public hearing on March 24, 2015 to discuss final plat approval of the Replat of a portion of Lot 15B, Hurlbut Ranch West. All voting “Aye”. MOTION PASSED 30511 AUTHORIZE THE COUNTY JUDGE TO APPLY TO THE TEXAS DEPARTMENT OF

STATE HEALTH SERVICES FOR ONE-TIME SUPPLEMENTAL FUNDING UNDER THE PUBLIC HEALTH EMERGENCY PREPAREDNESS PROGRAM (PHEP), SUPPLEMENTAL EBOLA PREPAREDNESS AND RESPONSE ACTIVITIES FUNDING, IN THE AMOUNT OF $24,325.00

Jeff Hauff Grants Director spoke. The Department of State Health Services has made available one-time supplemental funding for Ebola Preparedness and Response Activities to participants in the Public Health Emergency Preparedness (PHEP) program. Hays County participates in this program and is eligible for a funding award of $24,325.00. Proposed use of the funds is for activities and supplies that would be appropriate for any highly infectious disease event and include personal protective equipment and other supplies, training costs, and a small budget for contractual services that may be required in an emergency event. No matching funds are required for the funding, and award would include the period May 1, 2015 to September 30, 2016. The application is due to DSHS on March 10, 2015. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to authorize the County Judge to apply to the Texas Department of State Health Services for one-time supplemental funding under the Public Health Emergency Preparedness Program (PHEP), Supplemental Ebola Preparedness and Response Activities funding, in the amount of $24,325.00. All voting “Aye”. MOTION PASSED 30512 AUTHORIZE THE COUNTY CLERK TO HIRE A PART-TIME TEMPORARY DEPUTY

CLERK II POSITION (NOT TO EXCEED 580 HOURS) EFFECTIVE IMMEDIATELY WITH RECORDS MANAGEMENT SALARY SAVINGS

The County Clerk’s office is the records keeper for the County. This includes Commissioners Court Minutes, Vital Records – which include Birth, Death and Marriage Licenses, Official Public Records – aka land records (ie. Deeds/Deeds of Trust/DBA’s etc.), Criminal – Misdemeanor, Juvenile Records, Civil Records – which include Civil, Estates – fka Probate, Guardianship cases. Over the years there’s been an increase in requests for records. What the County Clerk’s Office typically does, is one person in each area will conduct the search that’s been requested. That ties up 6 different people on a daily basis. The Clerk’s Office receives these requests via fax, email, letter, or walk-in customers. The County Clerk is requesting the Court’s consideration, to allow hiring 1 part-time temporary Deputy Clerk II, to conduct all the searches and is requesting this person to work an average of 20-hours per week @$12.07 per hour effective immediately through September 30, 2015. This position could be paid out of the Records Management Fund. This request will not have an impact on the County’s budget. Amount required $7,537.00; 101-617-10.5021 records management staff salaries. A motion was made by Commissioner Whisenant, seconded by Commissioner Ingalsbe to authorize the County Clerk to hire a part-time temporary Deputy Clerk II position (not to exceed 580 hours) effective immediately with Records Management salary savings. All voting “Aye”. MOTION PASSED

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VOLUME V PG 578 ***** ***** MARCH 10, 2015 DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY

Judge Cobb read 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 recommendation to 311. The jail’s daily average was 312 and peak was 328 on March 4th for the week of March 1 to March 7, 2015. The maximum female capacity is 76 inmates. Last week’s average was 57 and peak was 69 on 3/4/2015. The maximum male capacity is 256 inmates. Last week’s average was 255 and peak was 260 on 3/6/2015.

ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION

Judge Cobb gave the current Drought Index – 99. The Burn Ban will remain lifted.

County Clerk’s Note Agenda Item #18 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, LAURA HARRIS, HNTB AND ALLEN CROZIER, HDR – was pulled A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to adjourn court at9:47 a.m.

I, LIZ Q. GONZALEZ, COUNTY CLERK and EXOFFICIO CLERK OF THE COMMISSIONERS’ COURT, do hereby certify that the foregoing contains a true and accurate record of the proceedings had by the Hays County Commissioners’ Court on March 10, 2015. LIZ Q GONZALEZ, COUNTY CLERK AND EXOFFICIO

CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS

15




AGENDA ITEM

Authorize the Parks Department to enter into service agreements with Hughesnet and Checkfront for internet service and online reservation system at the Jacob's Well Natural Area and amend budget accordingly.


CONSENT March 17, 2015 $3,336

LINE ITEM NUMBER 001-700-00.5489

AUDITOR USE ONLY

AUDITOR COMMENTS: See attached budget amendment

PURCHASING GUIDELINES FOLLOWED: YES AUDITOR REVIEW: BILL HERZOG


Clint Garza CONLEY N/A

SUMMARY 28B61B94B127B160B193B226B259B292BBeginning Summer 2015, the Parks Department will utilize an online reservation system for visitors to the Jacob's Well Natural Area. Parks staff are currently using an air card for internet/email access at the Parks office in Wmiberley and will need to be upgraded to handle the reservation system as well as provide staff with reliable connectivity for their normal work. 29B62B95B128B161B194B227B260B293BBudget Amendment: 30B63B96B129B162B195B228B261B294BIncrease Telephone and Data Lines: .5489 - $2,100 31B64B97B130B163B196B229B262B295BIncrease Misc Equipment: .5719_400 - $1,236 32B65B98B131B164B197B230B263B296BDecrease Maintenance and Repair: .5453 - $3,336

16




AGENDA ITEM

Authorize Institutional OSSF Permit at 8807 Niederwald Strasse, Niederwald, TX.


CONSENT March 24, 2015 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Roxie McInnis, Development Services Manager JONES N/A

SUMMARY 26B54B82B110B138B166B194B222B250BThe City of Niederwald is proposing an on-site sewage facility to serve their city hall building at 8807 Niederwald Strasse in Precinct 2. This property is 2.5 acres in size. Water will be supplied by public water supply. 27B55B83B111B139B167B195B223B251BThe system designer, Glenn Gardner, R.S. has designed an on-site sewage facility consisting of standard treatment with dispersal to a low pressure dosed dispersal field at a daily usage rate of 60 gallons.

26




AGENDA ITEM

Authorize Institutional OSSF Permit 725 Marks Way, Kyle, TX.


CONSENT March 24, 2015 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Roxie McInnis Development Services Division Manager JONES N/A

SUMMARY 26BPaula Perez is proposing an OSSF to serve a small church at 725 Marks Way in Precinct 2. This property is 3.52 acres in size, in the Kai Vista Subdivision and water will be supplied by public water supply. 27B55B83B111B139B167B195B223B251BThis on-site sewage facility consists of a pretreatment tank that discharges to an equalization tank which time doses out to an aerobic treatment plant. Effluent will be chlorinated and dispersed via surface irrigation. The system is designed by Stan Burrier, P.E. to treat a maximum of 240 gpd.

27




AGENDA ITEM

Accept donations totaling $175.00 issued to Hays County Sheriff's Office Communications Division and amend the budget accordingly.



LINE ITEM NUMBER

AUDITOR USE ONLY


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


CUTLER COBB N/A

SUMMARY 26B57B88B119B150B181B212B243B274BThe Sheriff's Office received three donations totaling $175.00 to be utilized for supplies and materials for the events being held for the 2015 National Telecommunicator Week. NTW will occur April 12-18, 2015. 27B58B89B120B151B182B213B244B275BBudget Amendment 28B59B90B121B152B183B214B245B276B$175.00 29B60B91B122B153B184B215B246B277BIncrease Revenue 001-618-00.4610 Contributions $175.00 30B61B92B123B154B185B216B247B278BIncrease Expense 001-618-00.5391 Miscellaneous $175.00

28




AGENDA ITEM

Authorize the Fire Marshal to accept LEOSE Funds distributed from the State Comptroller and amend the budget accordingly.


CONSENT March 24, 2015 $723


AUDITOR USE ONLY




Mark Chambers COBB N/A

SUMMARY 28B60B92B124B156B188B220B252B284BThe Fire Marshal receives funds annually from the State Comptroller's Office per Texas Occupations Code 1701.156 for expenses related to the continuing education of licensed peace officers. 29B61B93B125B157B189B221B253B285BBudget Amendment 30B62B94B126B158B190B222B254B286BIncrease LEOSE Revenue: 001-618-00.4310 ($723) 31B63B95B127B159B191B223B255B287BIncrease LEOSE Expense: 001-618-00.5552 $723

29




AGENDA ITEM

Approve the appointment of Joleene Snider and the re-appointment of Lee Ikels and Jeanne Worrell to the Hays County Child Protective Board.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Anna Farr COBB N/A

SUMMARY 25B51B77B103B129B155B181B207B233BBoth Lee Ikels and Jeanne Worrell are interested in serving another 3 yr. term. Jo Snider is a new appointment, her resume is attached.

30

Vita for Joleene Maddox Snider 810 Mountain View Dr.

San Marcos Texas 78666 Revised, March, 12, 2015

Education *Bachelor of Arts 1967 SWTSU *Master of Arts 1969 SWTSU *Thesis (unpublished): "Slavery in Texas, 1836-1860" *Twenty-seven hours post-graduate work SWTSU and University of Texas at Austin--1969 to 1970 and1987 to 1992 Teaching Experience *Southwest Texas State University 1968 to 1970 *Angelo State University 1970 to 1971 *Central Texas College (Austin) 1972 to 1973 *Austin Community College 1973-1978 *Austin Community College 1984-1991 *Texas Luthern University Spring Semester, 1995 *Southwest Texas State University 1990 to 2002 Teaching Awards and Grants *1st Annual Faculty Award, Division of Social and Behavioral Sciences, Ridgeview and Riverside Campuses, Austin Community College,1987 *Media Workshop Grant, SWT, 1995 *Alpha Chi "Favorite Professor," 1996-1997 *Latter-day Saint Student Association Certificate of Excellence, 1997 *Office of Residence Life recognition for outstanding contribution to the Residential College Program, 1996-1997 *1997 Presidential Award for Excellence in Teaching, Assistant Professor/Instructor Level * Honorary Member Golden Key National Honor Society, 1998 *Alpha Delta Pi "Favorite Professor," 1996-1997 *Alpha Delta Pi “Favorite Professor,” 1998-1999 *Alpha Delta Pi “Favorite Professor,” 2000-2001 *"The Women of SWT: The First Hundred Years Exhibit," 2000 * Phi Alpha Theta award for 10 years of Dedication to the Field of History, 2000 *Student Learning Assistance Center, The Friend of SLAC Award, 2000 * Multicultural Student Affairs Distinguished Faculty Award, 2000 Publications *"Sarah Devereux: A Study in Southern Femininity," Southwestern Historical Quarterly, January, 1994.

31

*American Voices: Primary Documents in American History, Vols. I and II, co-edited with Professors Anne Brawner and Mary Brennan, 1996. * American Voices: Primary Documents in American History, Vol. I Second Edition, co-edited with Professors Brawner and Brennan, 1999. Papers Presented *"The Fabric of Women's Lives"--The Role of Women: The Past and the Road Ahead Symposium, Hardin-Simmons University, Fall, 1991 *"Sarah Devereux: A Study in Southern Femininity"--Texas State Historical Association, March, 1993 *"Quilts and Clothing as a Source of Women's History"--Herstory, March 1991, *"The Fabric of their Lives: the Importance of Quilts to Women's Lives" History Department Brown Bag Lecture Series, Fall, 1992 *"The Cult of Domesticity and Women in the 1950s"--History Department Brown Bag Lecture Series, Spring, 1993 *"The Strange Odyssey of Brit Johnson and Dave White"--History Department Brown Bag Lecture Series, Spring, 1996 *"Ground Zero: The Trinity Test Site," History Department Brown Bag Lecture, Fall, 1999. *"Doing the Best They Could"--East Texas Historical Society, February, 2005 Other Lectures and Presentations *"The Historical Background of Uncle Tom's Cabin" Honors Junior English, Dripping Springs High School, Fall, 1994 and 1995 *Guest Instructor for Sociology 3376B/5376B: Realities of Women--the Political and Historical Background, Spring 1996, 1997, 1998, and 1999 *Guest Lecturer, Theory of Knowledge Class, International Baccalaureate Program, Anderson High School, Austin, Texas, February, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005,2006 *Guest Lecturer, Senior Citizen's Activity Center, San Marcos, Texas, Texas History Seminar, 1999 *Guest Lecturer, Price Senior Citizens Center, San Marcos, Texas, 2003 *Guest Lecturer, Teaching Public School Teachers to Teach History Workshop, Department of History, Texas State University, 2004 *Guest Lecturer, Texas State Historical Association, Public School Teachers' Workshop, Galveston, Texas, 2002 Former and Current Professional Organizations *Texas State Historical Association *Organization of American Historians *Phi Alpha Theta

32

*Women Historians in Texas *Southern Association of Women Historians * Southern Historical Association *East Texas Historical Association University Involvement History Departmental Level *Video Collection and Media Supervisor *Freshmen and Sophomore Curriculum Committee *Travel Committee *Supplementary Instruction Development Committee *Assessment Committee *Organized, February, 1999 Taylor Lecture Presentation of the Mount Pleasant Baptist Church Choir Performance "A Short History of Gospel Music", Black History Month Event *Organized March, 1999 Taylor Lecture Presentation of Texas Journalist Jan Jarboe Russell speaking on "Lady Bird Johnson: History of an American Wife", Women's History Month Event University Level *Women's Studies Advisory Council, 1990-2001 *Women's Studies Faculty, guest lecture 1996-2001 *SACS Instructional Support/Computer Services Sub-Committee 1997-1998, *Presidential Award for Excellence in Teaching Selection Committee-1998, 1999 *Synergy Class Merrick Grant Instructor--Fall, 1997 *Residence College Professor-1997 & 1998. Past Community Service *Parent Volunteer, Dripping Springs Elementary School Library, 1985 to 1991 *Board of Trustees and Nominating Committee--Dripping Springs United Methodist Church, 1990-1992 *Home and Family Life Curriculum Committee, Dripping Springs Independent School District, 1988 *Educational Foundation, Board Member and President (2 1/2 years) 1991 to 1995 Teaching *Team Teaching the Graduate Seminar in Local and Community History with Dr. Cindy Brandimarte in order to incorporate a video component into the public history program, 1999. *Development of multi-media format for teaching history in the large lecture theatres, Fall, 1996 through Fall, 2000.

33

*Work with colleagues to assist them in developing computerized presentations for large lecture presentation. *Management of video collection for Department of History 1992-2000. Retired January 15, 2001 from the Department of History, SWT. Taught Spring, 2002, Realities of Women Course, Women's Studies Program, SWT. Current Research The Devereux Slave Community for book Claiming Sunday: A Study of the Devereux Slave Community Following Samantha: A Young Woman’s Journey through a Troubled Life, in the revision stage, publication on hold

34




AGENDA ITEM

Amend the Sheriff's Operating budget for additional costs associated with the Smart Board Interactive System for the CID division.



LINE ITEM NUMBER 001-618-00.5712_700

AUDITOR USE ONLY

AUDITOR COMMENTS: See attached budget amendment.



Gary Cutler COBB N/A

SUMMARY 28B61B94B127B160B193B226B259B292BDuring the FY 2015 budget process the Sheriff was approved a Smart board Interactive system for the CID group. The system will be utilized during investigations to enhance collaboration, allowing others to share and view pertinent information simultaneously. The sharing of data/pictures/documents in real time, will also allow officers to remain at the crime scene. This is a secure/encrypted whiteboard specific for law enforcement agencies. Additional cost associated with implementation and training is needed and have been identified in the Sheriff's budget. 29B62B95B128B161B194B227B260B293BBudget Amendment 30B63B96B129B162B195B228B261B294BIncrease Computer Eqpt_Capital: .5712_700 $4,314 31B64B97B130B163B196B229B262B295BDecrease Data Supplies: .5202 ($3,375) 32B65B98B131B164B197B230B263B296BDecrease Communication Eqpt: .5715_400 ($939)

35




AGENDA ITEM

Authorize the County Judge to execute Change Order No. 1 for ASD Consultants related to the construction re-model at the Broadway Health Clinic.


CONSENT March 24, 2015 $26,204.46


AUDITOR USE ONLY

AUDITOR COMMENTS:



Clint Garza INGALSBE N/A

SUMMARY 27B56B85B114B143B172B201B230B259BSome additional interior finishes are needed as well as re-configuring and re-installing the existing fire alarm devises to accommodate the new design. The alarm system will also need to be re-certified which was not identified during the original specifications. 28B57B86B115B144B173B202B231B260BThis project was approved and budgeted using Tobacco Settlement Funds during the FY 2015 budget process. The additional funds needed for this change order are available in the Tobacco Settlement Fund, no budget amendment is needed.

36

8120 N. IH 35 Suite #200Austin, Texas 78753 CHANGE ORDER ONE (A)512-836-3329 512-836-3802 Fax www.asdconsultantsinc.com

HAYS COUNTY HEALTH CLINICDate: March 18, 2015

To: Logan Delgado CO No. One (1A)Systems Coordinator Project # ASD 2251

Subject: Misc. Interior Finishes Changes

Item No. Description Added Days Sq. Ft. Unit Price Item Total1 Do not delete walls in immunization -$250.002 Do not add new walls in immunization -$300.00

3Modify lower cabinets and relocate upper cabinets in immunization $200.00

4Exam Room #2, Remove existing carpet, install new ceiling, add lights as needed $1,100.00

5 Corridor #127 remove existing handrails $200.00

6

Storage Room #106 add new door and wall to create storage room, adjust existing ceiling as needed add light switch and lighting as needed. $1,200.00

7

New exam room 10, new doctor's office #2 and new materials Lab, add new ceilings, Add lights as needed $2,120.00

8

In area where new sound room is constructed remove and re-install fire extinguishers and cabinet $600.00

9New Doctors office #1, New Exam Room #9, new ceilings, add lights as needed $2,100.00

10

Exam Room #6, install relocated sink and add new cabinets. Re-Frame as per the red stamped drawings $2,800.00

11

Re-configure and re-install existing fire alarms devices, exit lights, smoke detectors and add devices as needed to accommodate the new design. Re-certifiy the system. $12,000.00Sub Total $21,770.00

GC - OH & P 17% $3,700.90

$25,470.90Bond 2.00% $509.42Insurance 0.88% $224.14

Sub-total this Change Order: $26,204.46

Original Contract Price: $118,000.00Previous Change Orders: $0.00Contract to Date: $144,204.46

ASD Consultants IncContractor Hays County

Curtis Brown Date

AA SS DD

CONSULTANTS, INC.

37




AGENDA ITEM

Authorize the Information Technology department to purchase additional equipment needed for server storage and amend the budget accordingly.



LINE ITEM NUMBER 001-680-00.5712_400

AUDITOR USE ONLY




Jeff McGill COBB N/A

SUMMARY 28B60B92B124B156B188B220B252B284BDue to the additional storage servers that were approved during the budget process, and for consolidation purposes a KVM Switch and KMM Console are needed for the server rack. Additionally, one replacement was needed that was out of warranty. This new equipment will allow up to 16 servers (currently have 8 ports) which will take care of the new servers and the replacement. Funds have been identified in the IT operating budget to cover this request. 29B61B93B125B157B189B221B253B285BBudget Amendment: 30B62B94B126B158B190B222B254B286BIncrease Computer Eqpt: 001-680-00.5712_400 $3,563 31B63B95B127B159B191B223B255B287BDecrease Office Supplies: 001-680-00.5211 ($3,563)

38




AGENDA ITEM

Ratify the County Judge's execution of a contract with the Texas Department of State Health Services for on-line computer services related to the certification of vital records in the County Clerk's office.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



GONZALEZ COBB N/A

SUMMARY 25B55B85B115B145B175B205B235B265BThis is a renewal of a contract with the Texas Department of State Health Services that allows the County Clerk's Office to provide Birth Certificates for anyone born in the State of Texas through an on-line connection with DSHS Vital Statistics Unit. The State is reimbursed a small portion of the fee charged by the County for each birth certificate issued. 26B56B86B116B146B176B206B236B266BPursuant to changes in federal law, the Texas Department of State Health Services (DSHS), as part of the Health and Human Services Enterprise, is requiring its contractors to execute the attached Data Use Agreement (DUA) for its contracts or agreements under which DSHS provides, gives access to, or transmits Confidential Information (CI) to a contractor. 27B57B87B117B147B177B207B237B267B 28B58B88B118B148B178B208B238B268BDSHS Program Staff have reviewed your current contract or agreement and have determined that it requires a DUA to be executed as provided for in the DUA. 29B59B89B119B149B179B209B239B269BDSHS requires this contract to be returned no later than March 23, 2015.

39

HHS Contract No 2015-045705-001

HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015 Page 1 of 11

DATA USE AGREEMENT BETWEEN THE

TEXAS HEALTH AND HUMAN SERVICES ENTERPRISE AND

HAYS COUNTY (“CONTRACTOR”)

This Data Use Agreement (“DUA”), effective as of the date signed below (“Effective Date”), is entered into by and between the Texas Health and Human Services Enterprise agency Department of State Health Services (“HHS”) and HAYS COUNTY (“CONTRACTOR”), and incorporated into the terms of HHS Contract No.2015-045705-001 in Travis County, Texas (the "Base Contract").

AR TI C LE 1 . P URP O SE ; AP P LI CA B I LI TY ; O RDE R OF P RECE DE NC E

The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with CONTRACTOR, and describe CONTRACTOR’s rights and obligations with respect to the Confidential Information and the limited purposes for which the CONTRACTOR may create, receive, maintain, use, disclose or have access to Confidential Information. 45 CFR 164.508(2)(ii)(A) This DUA also describes HHS’s remedies in the event of CONTRACTOR’s noncompliance with its obligations under this DUA. This DUA applies to both Business Associates and contractors who are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of HHS, its programs or clients as described in the Base Contract.

As of the Effective Date of this DUA, if any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls.

AR TI C LE 2 . DEF I NI TI O NS

For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (42 U.S.C. §1320d, et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments, regulations and guidance issued thereafter; The Social Security Act, including Section 1137 (42 U.S.C. §§ 1320b-7), Title XVI of the Act; The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder; Internal Revenue Code, Title 26 of the United States Code and regulations and publications adopted under that code, including IRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 521; Texas Government Code, Ch. 552, and Texas Government Code §2054.1125. In addition, the following terms in this DUA are defined as follows:

“Authorized Purpose” means the specific purpose or purposes described in the Scope of Work of

the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance.

“Authorized User” means a Person:

(1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret, or analyze Confidential Information pursuant to this DUA;

(2) For whom CONTRACTOR warrants and represents has a demonstrable need to create, receive, maintain, use, disclose or have access to the Confidential Information; and

(3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA.

40

http://www.ssa.gov/OP_Home/ssact/title11/1171.htm



“Confidential Information” means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to CONTRACTOR or that CONTRACTOR may create, receive, maintain, use, disclose or have access to on behalf of HHS that consists of or includes any or all of the following:

(1) Client Information;

(2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information;

(3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521;

(4) Federal Tax Information;

(5) Personally Identifiable Information;

(6) Social Security Administration Data, including, without limitation, Medicaid information;

(7) All privileged work product;

(8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552.

“Legally Authorized Representative” of the Individual, as defined by Texas law, including as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(g)(1) (HIPAA); Tex. Occ. Code § 151.002(6); Tex. H. & S. Code §166.164; Estates Code Ch. 752 and Texas Prob. Code § 3.

AR TI C LE 3 . CO N T R A C T O R ' S D U T I E S R E G A R D I N G C O N F I D E N T I A L I N F O R M A T I O N

Section 3.01 Obligations of CONTRACTOR

CONTRACTOR agrees that:

(A) CONTRACTOR will exercise reasonable care and no less than the same degree of care CONTRACTOR uses to protect its own confidential, proprietary and trade secret information to prevent any portion of the Confidential Information from being used in a manner that is not expressly an Authorized Purpose under this DUA or as Required by Law. 45 CFR.504(e)(2)(i)

(B) CONTRACTOR will not, without HHS’s prior written consent, disclose or allow access to any portion of the Confidential Information to any Person or other entity, other than Authorized User's Workforce or Subcontractors of CONTRACTOR who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Event or Breach to CONTRACTOR's management, to carry out the Authorized Purpose or as Required by Law.

HHS, at its election, may assist CONTRACTOR in training and education on specific or unique HHS processes, systems and/or requirements. CONTRACTOR will produce evidence of completed training to HHS upon request. 45 C.F.R. 164.308(a)(5)(i); Texas Health & Safety Code §181.101

(C) CONTRACTOR will establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. CONTRACTOR will maintain evidence of sanctions and produce it to HHS upon request.45 C.F.R. 164.308(a)(ii)(C), 164.530(e), 164.410(b)

(D) CONTRACTOR will not, without prior written approval of HHS, disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying HHS so that HHS may have the opportunity to object to the disclosure or access and seek appropriate relief. If HHS objects to such disclosure or access, CONTRACTOR will refrain from disclosing or

41

http://www.statutes.legis.state.tx.us/docs/GV/htm/GV.552.htm



providing access to the Confidential Information until HHS has exhausted all alternatives for relief. 45 CFR 164.504(a),(c)(e) and (f)

(E) CONTRACTOR will not attempt to re-identify or further identify Confidential Information or De-identified Information, or attempt to contact any Individuals whose records are contained in the Confidential Information, except for an Authorized Purpose, without express written authorization from HHS or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(i) and (ii) CONTRACTOR will not engage in prohibited marketing or sale of Confidential Information. 45 CFR 164.501, 164.508(a)(3) and (4); Texas Health & Safety Code Ch. 181.002

(F) CONTRACTOR will not permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information, on behalf of CONTRACTOR without express written approval of HHS, in advance. HHS prior approval, at a minimum will require that Subcontractor and CONTRACTOR execute the Form Subcontractor Agreement, Attachment 1, which ensures the subcontract contains identical terms, conditions, safeguards and restrictions as contained in this DUA for PHI and any other relevant Confidential Information and which permits more strict limitations; and 45 CFR 164.504(e)(2)(ii)(A), (B), (D) and (e)(5)

(G) CONTRACTOR is directly responsible for compliance with, and enforcement of, all conditions for creation, maintenance, use, disclosure, transmission and Destruction of Confidential Information and the acts or omissions of Subcontractors as may be reasonably necessary to prevent unauthorized use. 45 CFR 164.504(e)(5); 42 CFR 431.300, et seq.

(H) If CONTRACTOR maintains PHI in a Designated Record Set, CONTRACTOR will make PHI available to HHS in a Designated Record Set or, as directed by HHS, provide PHI to the Individual, or Legally Authorized Representative of the Individual who is requesting PHI in compliance with the requirements of the HIPAA Privacy Regulations. CONTRACTOR will make other Confidential Information in CONTRACTOR’s possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach of Unsecured PHI as defined in HIPAA. 45 CFR 164.524and 164.504(e)(2)(ii)(E)

(I) CONTRACTOR will make PHI as required by HIPAA available to HHS for amendment and incorporate any amendments to this information that HHS directs or agrees to pursuant to the HIPAA. 45 CFR 164.504(e)(2)(ii)(E) and (F)

(J) CONTRACTOR will document and make available to HHS the PHI required to provide access, an accounting of disclosures or amendment in compliance with the requirements of the HIPAA Privacy Regulations. 45 CFR 164.504(e)(2)(ii)(G) and 164.528

(K) If CONTRACTOR receives a request for access, amendment or accounting of PHI by any Individual subject to this DUA, it will promptly forward the request to HHS; however, if it would violate HIPAA to forward the request, CONTRACTOR will promptly notify HHS of the request and of CONTRACTOR’s response. Unless CONTRACTOR is prohibited by law from forwarding a request, HHS will respond to all such requests. 45 CFR 164.504(e)(2)

(L) CONTRACTOR will provide, and will cause its Subcontractors and agents to provide, to HHS periodic written certifications of compliance with controls and provisions relating to information privacy, security and breach notification, including without limitation information related to data transfers and the handling and disposal of Confidential Information. 45 CFR 164.308; 164.530(c); 1 TAC 202

(M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may use or disclose PHI for the proper management and administration of CONTRACTOR or to carry out CONTRACTOR’s legal responsibilities if: 45 CFR 164.504(e)(ii)(1)(A)

42



(1) Disclosure is Required by Law, provided that CONTRACTOR complies with Section 3.01(D);

(2) CONTRACTOR obtains reasonable assurances from the Person to whom the information is disclosed that the Person will:

(a) Maintain the confidentiality of the Confidential Information in accordance with this DUA;

(b) Use or further disclose the information only as Required by Law or for the Authorized Purpose for which it was disclosed to the Person; and

(c) Notify CONTRACTOR in accordance with Section 4.01 of any Event or Breach of Confidential Information of which the Person discovers or should have discovered with the exercise of reasonable diligence. 45 CFR 164.504(e)(4)(ii)(B)

(N) Except as otherwise limited by this DUA, CONTRACTOR will, if requested by HHS, use PHI to provide data aggregation services to HHS, as that term is defined in the HIPAA, 45 C.F.R. §164.501 and permitted by HIPAA. 45 CFR 164.504(e)(2)(i)(B)

(O) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its expense, return to HHS or Destroy, at HHS’s election, and to the extent reasonably feasible and permissible by law, all Confidential Information received from HHS or created or maintained by CONTRACTOR or any of CONTRACTOR’s agents or Subcontractors on HHS's behalf if that data contains Confidential Information. CONTRACTOR will certify in writing to HHS that all the Confidential Information that has been created, received, maintained, used by or disclosed to CONTRACTOR, has been Destroyed or returned to HHS, and that CONTRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, CONTRACTOR acknowledges and agrees that it may not Destroy any Confidential Information if federal or state law, or HHS record retention policy or a litigation hold notice prohibits such Destruction. If such return or Destruction is not reasonably feasible, or is impermissible by law, CONTRACTOR will immediately notify HHS of the reasons such return or Destruction is not feasible, and agree to extend indefinitely the protections of this DUA to the Confidential Information and limit its further uses and disclosures to the purposes that make the return of the Confidential Information not feasible for as long as CONTRACTOR maintains such Confidential Information. 45 CFR 164.504(J)

(P) CONTRACTOR will create, maintain, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such information or unauthorized uses. 45 CFR 164.306; 164.530(c)

(Q) If CONTRACTOR transmits, stores, and/or maintains Confidential Information on non-HHS systems or networks, CONTRACTOR completed the HHS initial security assessment at http://hhscx.hhsc.state.tx.us/tech/default.shtml to identify and mitigate identified risks prior to execution of this DUA. CONTRACTOR's initial security assessment will document security controls within CONTRACTOR's system that protect HHS Confidential Information. CONTRACTOR will comply with periodic security controls compliance assessment and monitoring by HHS as required by state and federal law, based on the type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. CONTRACTOR's security controls will be based on the National Institute of Standards and Technology (NIST) Special Publication 800-53. CONTRACTOR will update its security controls assessment whenever there are significant changes in security controls for HHS Confidential Information and will provide the updated document to HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. 45 CFR 164.306

(R) CONTRACTOR will establish, implement and maintain any and all appropriate procedural, administrative, physical and technical safeguards to preserve and maintain the

43

http://hhscx.hhsc.state.tx.us/tech/default.shtml



confidentiality, integrity, and availability of the Confidential Information, and with respect to PHI, as described in the HIPAA Privacy and Security Regulations, or other applicable laws or regulations relating to Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as long as CONTRACTOR has such Confidential Information in its actual or constructive possession. 45 CFR 164.308 (administrative safeguards); 164.310 (physical safeguards); 164.312 (technical safeguards); 164.530(c)(privacy safeguards)

(S) CONTRACTOR will designate and identify, subject to HHS approval, a Person or Persons, as Privacy Official 45 CFR 164.530(a)(1) and Information Security Official, each of whom is authorized to act on behalf of CONTRACTOR and is responsible for the development and implementation of the privacy and security requirements in this DUA. 45 CFR 164.308(a)(2)

(T) CONTRACTOR represents and warrants that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose pursuant to this DUA and the Base Contract, and further, that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. 45 CFR 164.502; 164.514(d)

(U) CONTRACTOR and its Subcontractors will maintain an updated, complete, accurate and

numbered list of Authorized Users, their signatures, titles and the date they agreed to be bound by the terms of this DUA, at all times and supply it to HHS, as directed, upon request.

(V) CONTRACTOR will implement, update as necessary, and document reasonable and

appropriate policies and procedures for privacy, security and Breach of Confidential Information and an incident response plan for an Event or Breach, to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the DUA. 45 CFR 164.308; 164.514(d)

(W) CONTRACTOR will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential Information received from, created by, or received, used or disclosed by CONTRACTOR on behalf of HHS for HHS’s review and approval within 30 days of execution of this DUA and upon request by HHS the following business day or other agreed upon time frame. 45 CFR 164.308; 164.514(d)

(X) CONTRACTOR will make available to HHS any information HHS requires to fulfill HHS's obligations to provide access to, or copies of, PHI in accordance with HIPAA and other applicable laws and regulations relating to Confidential Information. CONTRACTOR will provide such information in a time and manner reasonably agreed upon or as designated by the Secretary, or other federal or state law. 45 CFR 164.504(E)(1)(I)

(Y) CONTRACTOR will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form. A secure transmission of electronic Confidential Information in motion includes secure File Transfer Protocol (SFTP) or Encryption at an appropriate level or otherwise protected as required by rule, regulation or law. HHS Confidential Information at rest requires Encryption unless there is adequate administrative, technical, and physical security, or as otherwise protected as required by rule, regulation or law. All electronic data transfer and communications of Confidential Information will be through secure systems. Proof of system, media or device security and/or Encryption must be produced to HHS no later than 48 hours after HHS's written request in response to a compliance investigation, audit or the Discovery of an Event or Breach. Otherwise, requested production of such proof will be made as agreed upon by the parties. De-identification of HHS Confidential Information is a means of security. With respect to de-identification of PHI, "secure" means de-identified according to HIPAA Privacy standards and regulatory guidance. 45 CFR 164.312; 164.530(d)

(Z) CONTRACTOR will comply with the following laws and standards if applicable to the type of Confidential Information and Contractor's Authorized Purpose:

44



• Title 1, Part 10, Chapter 202, Subchapter B, Texas Administrative Code;

• The Privacy Act of 1974;

• OMB Memorandum 07-16;

• The Federal Information Security Management Act of 2002 (FISMA);

• The Health Insurance Portability and Accountability Act of 1996 (HIPAA) as defined in the DUA;

• Internal Revenue Publication 1075 – Tax Information Security Guidelines for Federal, State and Local Agencies;

• National Institute of Standards and Technology (NIST) Special Publication 800-66 Revision 1 – An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule;

• NIST Special Publications 800-53 and 800-53A – Recommended Security Controls for Federal Information Systems and Organizations, as currently revised;

• NIST Special Publication 800-47 – Security Guide for Interconnecting Information Technology Systems;

• NIST Special Publication 800-88, Guidelines for Media Sanitization;

• NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI; and

• Any other State or Federal law, regulation, or administrative rule relating to the specific HHS program area that CONTRACTOR supports on behalf of HHS.

ARTICLE 4. BREACH NOTICE, REPORTING AND CORRECTION REQUIREMENTS

Section 4.01. Breach or Event Notification to HHS. 45 CFR 164.400-414

(A) CONTRACTOR will cooperate fully with HHS in investigating, mitigating to the extent practicable and issuing notifications directed by HHS, for any Event or Breach of Confidential Information to the extent and in the manner determined by HHS.

(B) CONTRACTOR’S obligation begins at the Discovery of an Event or Breach and continues as long as related activity continues, until all effects of the Event are mitigated to HHS’s satisfaction (the "incident response period"). 45 CFR 164.404

(C) Breach Notice:

1. Initial Notice.

a. For federal information, including without limitation, Federal Tax Information, Social Security Administration Data, and Medicaid Client Information, within the first, consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours after Discovery, or in a timeframe otherwise approved by HHS in writing, initially report to HHS's Privacy and Security Officers via email at: [email protected]; and IRS Publication 1075; Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a; OMB Memorandum 07-16 as cited in HHSC-CMS Contracts for information exchange.

b. Report all information reasonably available to CONTRACTOR about the Event or Breach of the privacy or security of Confidential Information. 45 CFR 164.410

45

http://info.sos.state.tx.us/pls/pub/readtac%24ext.ViewTAC?tac_view=5&ti=1&pt=10&ch=202&sch=B&rl=Y

http://www.gpo.gov/fdsys/pkg/USCODE-2009-title44/html/USCODE-2009-title44-chap35-subchapIII.htm

http://www.irs.gov/pub/irs-pdf/p1075.pdf

http://csrc.nist.gov/publications/nistpubs/800-66-Rev1/SP-800-66-Revision1.pdf



http://csrc.nist.gov/publications/nistpubs/800-53-Rev3/sp800-53-rev3-final_updated-errata_05-01-2010.pdf

http://csrc.nist.gov/publications/nistpubs/800-53-Rev3/sp800-53-rev3-final_updated-errata_05-01-2010.pdf

http://csrc.nist.gov/



c. Name, and provide contact information to HHS for, CONTRACTOR's single point of contact who will communicate with HHS both on and off business hours during the incident response period.

2. 48-Hour Formal Notice. No later than 48 consecutive clock hours after Discovery, or a time within which Discovery reasonably should have been made by CONTRACTOR of an Event or Breach of Confidential Information, provide formal notification to the State, including all reasonably available information about the Event or Breach, and CONTRACTOR's investigation, including without limitation and to the extent available: For (a) - (m) below: 45 CFR 164.400- 414

a. The date the Event or Breach occurred;

b. The date of CONTRACTOR's and, if applicable, Subcontractor's Discovery;

c. A brief description of the Event or Breach; including how it occurred and who is responsible (or hypotheses, if not yet determined);

d. A brief description of CONTRACTOR's investigation and the status of the investigation;

e. A description of the types and amount of Confidential Information involved;

f. Identification of and number of all Individuals reasonably believed to be affected, including first and last name of the individual and if applicable the, Legally authorized representative, last known address, age, telephone number, and email address if it is a preferred contact method, to the extent known or can be reasonably determined by CONTRACTOR at that time;

g. CONTRACTOR’s initial risk assessment of the Event or Breach demonstrating whether individual or other notices are required by applicable law or this DUA for HHS approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply;

h. CONTRACTOR's recommendation for HHS’s approval as to the steps Individuals and/or CONTRACTOR on behalf of Individuals, should take to protect the Individuals from potential harm, including without limitation CONTRACTOR’s provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally Authorized Representative to take on behalf of an Individual with special capacity or circumstances;

i. The steps CONTRACTOR has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate);

j. The steps CONTRACTOR has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar Event or Breach;

k. Identify, describe or estimate of the Persons, Workforce, Subcontractor, or Individuals and any law enforcement that may be involved in the Event or Breach;

l. A reasonable schedule for CONTRACTOR to provide regular updates to the foregoing in the future for response to the Event or Breach, but no less than every three (3) business days or as otherwise directed by HHS, including information about risk estimations, reporting, notification, if any, mitigation, corrective action, root cause analysis and when such activities are expected to be completed; and

m. Any reasonably available, pertinent information, documents or reports related to an Event or Breach that HHS requests following Discovery.

46



Section 4.02 Investigation, Response and Mitigation. For A-F below: 45 CFR 164.308, 310 and 312

(A) CONTRACTOR will immediately conduct a full and complete investigation, respond to the Event or Breach, commit necessary and appropriate staff and resources to expeditiously respond, and report as required to and by HHS for incident response purposes and for purposes of HHS’s compliance with report and notification requirements, to the satisfaction of HHS.

(B) CONTRACTOR will complete or participate in a risk assessment as directed by HHS following an Event or Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval.

(C) CONTRACTOR will fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, Persons and/or Individuals about the Event or Breach.

(D) CONTRACTOR will fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Event or Breach, or to recover or protect any Confidential Information, including complying with reasonable corrective action or measures, as specified by HHS in a Corrective Action Plan if directed by HHS under the Base Contract.

Section 4.03 Breach Notification to Individuals and Reporting to Authorities. Tex. Bus. & Comm. Code §521.053; 45 CFR 164.404 (Individuals), 164.406 (Media); 164.408 (Authorities)

(A) HHS may direct CONTRACTOR to provide Breach notification to Individuals, regulators or third-parties, as specified by HHS following a Breach.

(B) CONTRACTOR must obtain HHS’s prior written approval of the time, manner and content of any notification to Individuals, regulators or third-parties, or any notice required by other state or federal authorities. Notice letters will be in CONTRACTOR's name and on CONTRACTOR's letterhead, unless otherwise directed by HHS, and will contain contact information, including the name and title of CONTRACTOR's representative, an email address and a toll-free telephone number, for the Individual to obtain additional information.

(C) CONTRACTOR will provide HHS with copies of distributed and approved communications.

(D) CONTRACTOR will have the burden of demonstrating to the satisfaction of HHS that any notification required by HHS was timely made. If there are delays outside of CONTRACTOR's control, CONTRACTOR will provide written documentation of the reasons for the delay.

(E) If HHS delegates notice requirements to CONTRACTOR, HHS shall, in the time and manner reasonably requested by CONTRACTOR, cooperate and assist with CONTRACTOR’s information requests in order to make such notifications and reports.

AR TI C LE 5 . S C O P E O F W O R K

Scope of Work means the services and deliverables to be performed or provided by CONTRACTOR, or on behalf of CONTRACTOR by its Subcontractors or agents for HHS that are described in detail in the Base Contract. The Scope of Work, including any future amendments thereto, is incorporated by reference in this DUA as if set out word-for-word herein.

47



ARTICLE 6. GENERAL PROVISIONS

S e c t i o n 6 . 01 Ownership of Confidential Information

CONTRACTOR acknowledges and agrees that the Confidential Information is and will remain the property of HHS. CONTRACTOR agrees it acquires no title or rights to the Confidential Information.

Section 6.02 HHS Commitment and Obligations

HHS will not request CONTRACTOR to create, maintain, transmit, use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS.

Section 6.03 HHS Right to Inspection

At any time upon reasonable notice to CONTRACTOR, or if HHS determines that CONTRACTOR has violated this DUA, HHS, directly or through its agent, will have the right to inspect the facilities, systems, books and records of CONTRACTOR to monitor compliance with this DUA. For purposes of this subsection, HHS’s agent(s) include, without limitation, the HHS Office of the Inspector General or the Office of the Attorney General of Texas, outside consultants or legal counsel or other designee.

Section 6.04 Term; Termination of DUA; Survival

This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will terminate upon termination of the Base Contract and as set forth herein . If the Base Contract is extended or amended, this DUA is updated automatically concurrent with such extension or amendment.

(A) HHS may immediately terminate this DUA and Base Contract upon a material violation of this DUA.

(B) Termination or Expiration of this DUA will not relieve CONTRACTOR of its obligation to return or Destroy the Confidential Information as set forth in this DUA and to continue to safeguard the Confidential Information until such time as determined by HHS.

(D) If HHS determines that CONTRACTOR has violated a material term of this DUA; HHS may in its sole discretion:

1. Exercise any of its rights including but not limited to reports, access and inspection under this DUA and/or the Base Contract; or

2. Require CONTRACTOR to submit to a corrective action plan, including a plan for monitoring and plan for reporting, as HHS may determine necessary to maintain compliance with this DUA; or

3. Provide CONTRACTOR with a reasonable period to cure the violation as determined by HHS; or

4. Terminate the DUA and Base Contract immediately, and seek relief in a court of competent jurisdiction in Travis County, Texas.

Before exercising any of these options, HHS will provide written notice to CONTRACTOR describing the violation and the action it intends to take.

(E) If neither termination nor cure is feasible, HHS shall report the violation to the Secretary.

(F) The duties of CONTRACTOR or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to HHS, as required by this DUA.

48



Section 6.05 Governing Law, Venue and Litigation

(A) The validity, construction and performance of this DUA and the legal relations among the Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas.

(B) The Parties agree that the courts of Travis County, Texas, will be the exclusive venue for any litigation, special proceeding or other proceeding as between the parties that may be brought, or arise out of, or in connection with, or by reason of this DUA.

Section 6.06 Injunctive Relief

(A) CONTRACTOR acknowledges and agrees that HHS may suffer irreparable injury if CONTRACTOR or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information.

(B) CONTRACTOR further agrees that monetary damages may be inadequate to compensate HHS for CONTRACTOR's or its Subcontractor's failure to comply. Accordingly, CONTRACTOR agrees that HHS will, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this DUA.

Section 6.07 Indemnification

CONTRACTOR will indemnify, defend and hold harmless HHS and its respective Executive Commissioner, employees, Subcontractors, agents (including other state agencies acting on behalf of HHS) or other members of its Workforce (each of the foregoing hereinafter referred to as “Indemnified Party”) against all actual and direct losses suffered by the Indemnified Party and all liability to third parties arising from or in connection with any breach of this DUA or from any acts or omissions related to this DUA by CONTRACTOR or its employees, directors, officers, Subcontractors, or agents or other members of its Workforce. The duty to indemnify, defend and hold harmless is independent of the duty to insure and continues to apply even in the event insurance coverage required, if any, in the DUA or Base Contract is denied, or coverage rights are reserved by any insurance carrier. Upon demand, CONTRACTOR will reimburse HHS for any and all losses, liabilities, lost profits, fines, penalties, costs or expenses (including reasonable attorneys’ fees) which may for any reason be imposed upon any Indemnified Party by reason of any suit, claim, action, proceeding or demand by any third party to the extent caused by and which results from the CONTRACTOR’s failure to meet any of its obligations under this DUA. CONTRACTOR’s obligation to defend, indemnify and hold harmless any Indemnified Party will survive the expiration or termination of this DUA.

Section 6.08 Insurance

(A) In addition to any insurance required in the Base Contract, at HHS's option, HHS may require CONTRACTOR to maintain, at its expense, the special and/or custom first- and third-party insurance coverages, including without limitation data breach, cyber liability, crime theft and notification expense coverages, with policy limits sufficient to cover any liability arising under this DUA, naming the State of Texas, acting through HHS, as an additional named insured and loss payee, with primary and non-contributory status, with required insurance coverage, by the Effective Date, or as required by HHS.

(B) CONTRACTOR will provide HHS with written proof that required insurance coverage is

in effect, at the request of HHS.

49



Section 6.09 Fees and Costs

Except as otherwise specified in this DUA or the Base Contract, including but not limited to requirements to insure and/or indemnify HHS, if any legal action or other proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract violation, Event, Breach, default, misrepresentation, or injunctive action, in connection with any of the provisions of this DUA, each party will bear their own legal expenses and the other cost incurred in that action or proceeding.

Section 6.10 Entirety of the Contract

This Data Use Agreement is incorporated by reference into the Base Contract and, together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced.

Section 6.11 Automatic Amendment and Interpretation

Upon the effective date of any amendment or issuance of additional regulations to HIPAA, or any other law applicable to Confidential Information, this DUA will automatically be amended so that the obligations imposed on HHS and/or CONTRACTOR remain in compliance with such requirements. Any ambiguity in this DUA will be resolved in favor of a meaning that permits HHS and CONTRACTOR to comply with HIPAA or any other law applicable to Confidential Information.

AR TI C LE 7 . A U T H O R I T Y T O E X E C U T E

The Parties have executed this DUA in their capacities as stated below with authority to bind their organizations on the dates set forth by their signatures.

IN WITNESS HEREOF, HHS and CONTRACTOR have each caused this DUA to be signed and delivered by its duly authorized representative:

TEXAS HEALTH AND HUMAN SERVICES

BY: NAME:

TITLE:

CONTRACTOR

BY: NAME:

TITLE:

DATE: , 201 . DATE: , 201 .

50

HHS Contract No. 2015-045705-001

ATT A CH M EN T 1 . S U B C O N T R A C T O R AG R E E M E N T F O R M

HHS CONTRACT NUMBER 2015-045705-001 The DUA between HHS and CONTRACTOR establishes the permitted and required uses and disclosures of Confidential Information by CONTRACTOR.

CONTRACTOR has subcontracted with (SUBCONTRACTOR) for performance of duties on behalf of CONTACTOR which are subject to the DUA. SUBCONTRACTOR acknowledges, understands and agrees to be bound by the identical terms and conditions applicable to CONTRACTOR under the DUA, incorporated by reference in this Agreement, with respect to HHS Confidential Information. CONTRACTOR and SUBCONTRACTOR agree that HHS is a third-party beneficiary to applicable provisions of the subcontract.

HHS has the right but not the obligation to review or approve the terms and conditions of the subcontract by virtue of this Subcontractor Agreement Form.

CONTRACTOR and SUBCONTRACTOR assure HHS that any Breach or Event as defined by the DUA that SUBCONTRACTOR Discovers will be reported to HHS by CONTRACTOR in the time, manner and content required by the DUA.

If CONTRACTOR knows or should have known in the exercise of reasonable diligence of a pattern of activity or practice by SUBCONTRACTOR that constitutes a material breach or violation of the DUA or the SUBCONTRACTOR's obligations CONTRACTOR will:

1. Take reasonable steps to cure the violation or end the violation, as applicable; 2. If the steps are unsuccessful, terminate the contract or arrangement with SUBCONTRACTOR, if

feasible; 3. Notify HHS immediately upon reasonably discovery of the pattern of activity or practice of

SUBCONTRACTOR that constitutes a material breach or violation of the DUA and keep HHS reasonably and regularly informed about steps CONTRACTOR is taking to cure or end the violation or terminate SUBCONTACTOR's contract or arrangement.

This Subcontractor Agreement Form is executed by the parties in their capacities indicated below. CONTRACTOR SUBCONTRACTOR

BY: BY:

NAME: NAME:

TITLE: TITLE:

DATE , 201 . DATE:

HHS Data Use Agreement V.8.2. HIPAA Omnibus Compliant February 6, 2015 Attachment 1

51

HHS Contract No. 2015-045705-001

52




AGENDA ITEM

Hold a public hearing to consider establishing traffic regulations on Woodacre Drive, Chaparral Drive and Mt. Sharp Road in Pct. 3.


ACTION-ROADS March 24, 2015

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Garza / Borcherding CONLEY N/A

SUMMARY 25B52B79B106B133B160B187B214B241BTo establish: "NO PARKING zone" along Woodacre Drive, Chaparral Drive and Mt. Sharp Road in Precinct 3. 26B53B80B107B134B161B188B215B242BSee attached maps

60




AGENDA ITEM

Discussion and possible action to consider the acceptance of road construction and drainage improvements and acceptance of the maintenance bond for a 2-year period for The Meadows at Buda subdivision, Sec. 4A.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding WHISENANT N/A

SUMMARY 25B51B77B103B129B155B181B207B233BStaff recommends acceptance of construction of roads and drainage improvements within the County ROW. The Transportation Department has inspected and approved the improvements. There was not a construction bond issued for this section.

61

HAYS COUNTYTRANSPORTATION DEPARTMENT

P.O. BOX 906San Marcos, TX 78667

512/393-7385FAX: 512/393-7393

March 18, 2015

Honorable Bert Cobb, M.D.

111 E. San Antonio Stt-eet

San Matcos, Texas 78666

RE: The Meadows at Buda subdivision. Section 4A

Dear Cotrunissioners and Judge:

Donald K. Bayes, P.E., \vith Gray Eflgiaeeriflg, Inc., is requesting that Hays County accept construction of

the roads and dtainage in The Meadows at Buda subdivision, Sec. 4A, and accept the maintenance bond fctf

a 2-year period. A concurrence letter and as-built plans have been received as required by Hays County.

I recommend that consttuction be accepted per staff recomineadations uadet Hays County specifications.

RespectfaUy,

[kM^i v'H- ^wc

J^t^y Borofherdiag, P.E.rector

Hays County Transportation

62

0 512.452.0371 : F 512.454.9933

8834 North Capital of Texas Highway, Suite 140Austin, Texas 78759 : www.grayengineeringinc.com

ENGINEERING TBPE2946

GRAY

March 9, 2015Via Email [email protected] & U.S. Mail

Mr. Grant Gist

NewStand Buda, Ltd.

P.O. Box 42169

Austin, TX 78704

Re: The Meadows at Buda Section 4A

Street Improvements

Engineer's Concurrence Letter

GEINo: 1569-10697-35

Dear Mr. Gist:

Please find the attached Engineer's Concurrence Letter for Meadows at Buda Section 4A - Street

Improvements.

If you have any questions, please do not hesitate to contact me at 452-0371.

Sincerely,

GRAY ENGINEERING, INC.

^, P.E.Donald K.Bayes,

Vice President

DKB:LMW:ad

Attachment

ec:

Mr. Michael Garringer; R.M.I. (w/encl.)

Mr. Peyton Taylor; DNT Construction, LLC (w/encl.)Mr. L. Mike Williams; Gray Engineering, Inc. (w/encl.)

63

March 9. 2015

ENGINEER'S CONCURRENCE

FOR

PROJECT ACCEPTANCE

PROJECT: Meadows at Buda Section 4A

_Street I mprovements

Owner's Name and Address

NewStand Buda, Ltd.

P.O. Box 42169

Austin, TX 78704

Consultant Engineer's Name & Address

Gray EngineerinR, Inc.

88834 N. Capital of Texas Highway, Ste.140

Austin, Texas 78759

On this day, I, the undersigned professional engineer, or my representative, met with the Project

Contractor and made a visual inspection of the above-referenced project. No discrepancies in approved

construction plans or deficiencies in construction were visible or brought to my attention by the parties

at the meeting except those listed below. I, therefore, recommend acceptance of this project by the

City of Buda and Hays County once the following listed items are corrected to the satisfaction of theEngineer.

Achieve revegetation.

(Seal)

^.... ^^n

%.OF%

g DONALD K.f^

\et'S^^--

Donald K. Bayes, P.E.

60657

^T

Texas Registration Number

GEI No. 1569-10697-35

64

MAINTENANCE BOND

Bond No. 10287H

THE STATE OF TEXAS §

COUNTY OF §

KNOW ALL MEN BY THESE PRESENTS, that we DNT Construction, LLC

as Principal, and The Hanover Insurance Company a Corporation

organized under the laws of the State of New Hampshire as Surety, are held and firmly bound

unto NewStand Buda, Ltd. & Hays County _ gg Qbligee, in the penal sum of Six Hundred Thirty Six

Thousand Six Hundred Eight & SO/IOOpoHars (-$ 636,608.50 . ) to which payment will and truly to

be made we do bind ourselves, our and each of our heirs, executors, administrators, successors

and assigns jointly and severally, firmly by these presents.

WHEREAS, the said Principal has constructed The Meadows at Buda Phase IV-A- Street Improvements

WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guarantee for

the period of 2 years after approval by Hays County __

against all defects in workmanship and materials which may become apparent during said

period;

MB 1 of 2

65

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if thePrincipal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of anydefective materials or workmanship which become apparent during the period of one year fromand after date of acceptance by the owner, then this obligation shall be void, otherwise to remainin full force and effect.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrumentthis 13th day of February _ 2014.

DNT Construction, LLC

Principal

By_

The Hanover Insurance Company

Titled tf^-mww^s. . ^ Af ^~i Title_Johnw- Schuler. Attomey-in-Fact

Address_

2300 Picadilly Drive

Round Rock, TX 78664

Address

10375 Richmond Ave., Ste. 1050

Houston, TX 77042

The name and address of the Resident Agent of Surety is:

Time Insurance Agency

1405 East Riverside Drive, Austin, TX 78741

MB 2 of 2

66

, The

f^& Hanover^^——p&. Insurance Group"

The Hanover Insurance Company | 440 Lincoln Street, Worcester, MA 01653

Citizens Insurance Company of America | 645 West Grand River Avenue, Howell, Ml 48843 Texas Complaint Notice

IMPORTANT NOTICE

To obtain information or make a complaint:

You may call The Hanover Insurance Company/CitizensInsurance Company of America's toll-free telephone

number for information or to make a complaint at:

1-800-608-8141

You may also write to The Hanover Insurance Company/

Citizens Insurance Company of America at:

440 Lincoln StreetWorcester, MA 01615

You may contact the Texas Department of Insurance toobtain information on companies, coverages, rights or

complaints at:

1-800-252-3439

You may write the Texas Department of Insurance:

P. 0. Box 149104

Austin, TX 78714-9104Fax: (512) 475-1771Web: http://www.tdi.state.b<.us

E-mail: [email protected];.us

PREMIUM OR CLAIM DISPUTES:

Should you have a dispute concerning your premium orabout a claim you should contact the agent or the com-

pany first. If the dispute is not resolved, you may contactthe Texas Department of Insurance.

ATTACH THIS NOTICE TO YOUR POLICY: This notice isfor information only and does not become a part or con-

dition of the attached document.

AVISO IMPORTANTE

Para obtener informacion o para someter una queja:

Usted puede llamar al numero de telefono gratis de TheHanover Insurance Company/Citizens Insurance Company

of America's para informacion o para someter una queja al:

1-800-608-8141

Listed tambien puede escribir a The Hanover Insurance

Company/Citizens Insurance Company of America al:

440 Lincoln StreetWorcester, MA 01615

Puede comunicarse con el Departamento de Seguros de

Texas para obtener informacion acerca de companias,

coberturas, derechos o quejas al:

1-800-252-3439

Puede escribir al Departamento de Seguros de Texas:

P. 0. Box 149104

Austin, TX 78714-9104Fax: (512) 475-1771Web: http://www.tdi.state.b<.us

E-mail: [email protected]<.us

DISPUTAS SOBRE PRIMAS 0 RECLAMOS:

Si tiene una disputa concerniente a su prima o a un rec-

lamo, debe comunicarse con el agente o la compania

primero. Si no se resuelve la disputa, puede entonces

comunicarse con el departamento CTDI).

UNA ESTE AVISO A SU POLIZA: Este aviso es solo paraproposito de informacion y no se convierte en parte o

condicion del documento adjunto.

67

THE HANOVER INSURANCE COMPANYMASSACHUSETTS BAY INSURANCE COMPANYCITIZENS INSURANCE COMPANY OF AMERICA

POWERS OF ATTORNEYCERTIFIED COPY Bond Number: 1028710

KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and ^AA-SSACHUSET^S BAY INSURANCE COMPANY, both beingcorporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporationorganized and existing under the laws of the State of Michigan, do hereby constitute and appoint

John W. Schuler, Tom Mulanax, Stephen R. Smith, Thomas X Brewka and/or Walter E. Benson, Jr.

of Austin, TX and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and

deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances,undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows:

Any such obligations in the United States, not to exceed Ten Million and No/100 ($10,000,000) in any single instance

and said companies hereby ratify aid confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents.These appointments are made under and by authority of the following Resolution passed by (he Board of Directors of said Companies which resolutionsare still in effect:

"RESOLVED, That the President or any Vice President, In conjunction with any Vice President, be and they are hereby authorized and empowered to appointAttorneys-in-fact of the Company, In its name and as Its acts, to execute and acknowledge for and on Its behalf as Surety any and all bonds, recognlzances,contracts of Indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any suchwritings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularlyelected officers of the Company In their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 -Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America)

IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCECOMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents,this 19th day of August 2013.

THE HANOVER INSURANCE COMPANY.^S'wgfh. MASSACHUSETTS BAY INSURANCE COMPANY

CmZENS/^SURANCE ffOMPANY OF AMERICA

Robert Thomas, Vice President

THE COMMONWEALTH OF MASSACHUSETTS )COUNTY OF WORCESTER ) ss.

._^——A_^~Joe Srenstrom, Vic^ President

On this 19th day of July 2013 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay InsuranceCompany and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that theseals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and CitizensInsurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to saidinstrument by the authority and direction of said Corporations.

^Ajg\ BARBARA A. GARUCKtfTimif^ Notoiy Public

^/ Conaiwiireanh dtMassachustttay»y Cwm.ssm &»lr& Stp',. 21, Ml»

Barbara A. Garllck, Notary PublicMy Commission Expires September 21, 2018

I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Companyof America,hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby furthercertify that the said Powers of Attorney are still in force and effect.

This Certificate maybe signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America.

"RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executedby the President or any Vice President In conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if allsignatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7,1981 - TheHanover Insurance Company; Adopted April 14,1982 - Massachusetts Bay Insurance Company; Adopted September/, 2001 - Citizens Insurance Company ofAmerica)

GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 1 3th day of.Feb_ 20j4__.

THE HANOVER INSURANCE COMPANYRSASSACHUSETTS BAY INSURANCE COMPANYCiTiZENS INSURANCE COMPANY OF AMERICA

/^^^ /(F^(i^(^nn Margosian, Vice President

68

APPLICATION AND CERTIFICATE FOR PAYMENT/ DNT ConstructionTO (OWNER):Newstand Buda, Ltd

603 Davis Street, Suite 1301

Austin, TX 78701

DNT Construction, LLC

P OBOX6210

Round Rock, Texas 78683

PROJECT;

Meadows at Buda 4A-

Street Improvements

ENGINEER

Gray Engineering, Inc.

8834 N. Capital of Texas Hwy., Suite 140

Austin, TX 78759

APPLICATION NO:

PERIOD TO:

DNT CONSTRUCTIONINVOICE NO.

CONTRACT DATE:

8SRctainage

2/28/2015

10.1437.14-8S

Distribution

CHANGE ORDER SUMMARY

Change orders approved in

previous months by Owner

TOTAL

Approved this Month

Number

1

2

3

4

Date Approved

TOTALS

".DDITIONS

$0.00

$0.00

Net change by Change Orders

DEDUCTIONS

$0.00

$0.00

$0.00

Application is made for Payment, as shown below, in connection with the Contract.

Continuation Sheet Attached

1 ORIGINAL CONTRACT SUM2 Net change by Change Orders

3 CONTRACT SUM TO DATE4 TOTAL COMPLETED & STORED TO DATE

(Column G on J703)5 Retainage:

a.10%ofCptWk $(Column D + E on J703)b. 10 % of Stored Mtl $

(Column F on J703)Total Retainage (Line 5a + 5b or

$ 636,608.50$$ 636,608.50$ 636,608.50

The undersigned Contractor certifies that to the best of the Contractor's knowledge,

information and belief the Work covered by this Application for Payment has been

completed in accordance with the Contract Documents, that all amounts have been

paid by the Contractor for Work for which previous Certificates for Payment were

issued and payments receive^fFjim the Owner, and that current payment shown

herein is now due.

CONTRAQTOjn DN/T p'ONSTRUCTION, LLC

^y: y ^ u' y^^ ^ Date:Z^A5_e.Z/Z//5/ -'

(Total in Column 1 of J703)

6 TOTAL EARNED LESS RETAINAGE(Line 4 less 5 Total)

7 LESS PREVIOUS CERTIFICATES FORPAYMENT (Line 6 from prior Certificates)

8 CURRENT PAYMENT DUE9 BALANCE TO FINISH, PLUS RETAINAGE

(Line 3 less Line 6)

636,608.50

572,947.6563,660.85

OWNER: NEWSTAND BUDA, LTD.

By:_ Date:

ENGINEER CERTIFICATE FOR PAYMENTIn accordance with the Contract Documents, based on on-site observations and the

data comprising the above application, excluding any and all dry utilities and lot pad grading

the Engineer certifies to the Owner that to the best of the Engineer's knowledge, information

and belief the Work has progressed as indicated, the quality of the Work is in accordance with

the Contract documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED.

State of: TEXASSubscribed and sworn to before me thi

Notary Public: Mary Morrison

My Commission expires: •~7//^,

County of:^^ f-Q.^

^-C^C^l <—^L

,2015

AMOUNT CERTIFIED

(Attach explanation if amount certified differs from the amount applied for.)

ENGINEER: GRAY ENGINEERING, INC.

By:_Date:^

/^V^ MARY B. MORR1SONf-v\ Notary Public, State of Texas

My Commission ExpiresJuly 16,2016

s<n;.

V.'t

This Certificate is not negotiable. The AMOUNT CERTIFIED Is payable only to the Contractor named herein. Issuance, payment and acceptance o1 payment are without prejudice to any rights of the Owner or Contractor under this Contract.

69

DNT CONSTRUCTION MONTHLY PROGRESS PAYMENT

CONTRACT: Meadows at Buda 4A-Street Improvements

CONTRACTOR: DNT CONSTRUCTIONPO Box 6210Round Rock. Texas 78683

PROGRESS PAYMENT NO:PROGRESS PAYMENT PERIOD:

TOTAL CONTRACT

$636,608.50

$636,608.50

$636,608.50 $636,608.50

S636.608.50 $636,608.50

$0.00

$0.00

8S2/28/2015

STREET IMPROVEMENTS-¥îTEM:;Y;l;;:--l;l'|

123456789

10111213

IIJ!ii:;^:ll::v"i':;;::'ii^^^^^

Street Excavation

8" Lime Stablilization9" Flexible Base2"HMACStandard Concrete Curb & Butter

Restoration and Revegetation

4' Reinforced Concrete Sidewalk

Pedestrian Intersection Ramps

Traffic Striping and SignageLot FillReinforced Concrete Valley Gutter

Steet End Barricade

Fill Existing Pond

y'.yârf,.13473134731347398775598690023316

169411

:WtSYSYSYSYLFSYLFEALSEAEAEALS

UNIT,RRICE$ 8.00

$ 6.00$ 9.00$ 11.00$ 13.75$ 1.50$ 20.00$ 950.00$ 4.000.00

$ 1,000.00

$ 3,200.00

$ 1,100.00

$ 24,000.00

i:l;^COI<0-RACT:l;i.,;}:;

:,l;.';i,l;l!:'.AMC>yNTi(':511'

$107,784.00$80,838.00

$121,257.00$108,647.00

$76,972.50$10,350.00

$4,660.00$15,200.00

$4,000.00$69,000.00$12,800.00

$1,100.00$24,000.00

^PREVIOUS'^JO^.:-

13473.0013473.0013473.009877.005598.006900.00233.0016.001.00

69.004.00

1.00

1.00

l:li:l!;PTV

ffil&EST,;0.00

0.00

0.00

0.00

0.00

0.00

0.000.00

0.00

0.00

0.000.00

0.00

,fl%,:.i,;:U

l'T(^t)/ffi^13473.0013473.0013473.009877.005598.006900.00233.0016.001.00

69.004.001.00

1.00

,COST^.^,.i!,^.'•IgllSATE^g

$107,784.00$80,838.00

$121,257.00$108,647.00

$76,972.50$10,350.00

$4,660.00$15,200.00$4,000.00

$69,000.00$12,800.00

$1,100.00$24,000.00

,::?RB/|QiyS,i,1•'^^l1$107,784.00

$80,838.00$121,257.00$108,647.00

$76,972.50$10,350.00$4,660.00

$15,200.00$4,000.00

$69,000.00$12,800.00$1,100.00

$24,000.00

^CC^pSî;ji!:-^STl?:hil!l;

$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00

':'^\s:

100%100%100%100%100%100%100%100%100%100%100%100%100%100%

100%

TOTAL COMPLETED TO DATETOTAL COMPLETED/ STORED TO DATERETAINAGE HELDTOTAL CPLT LESS RETAINAGELESS PREVIOUS BILLINGS.CURRENT PAYMENT DUE

A-$A.

A.$$_

636,608.50636,608.50

636,608,50572,947.65

63,660.85

ORIGINAL CONTRACT AMOUNTCONTRACT CHANGESTOTAL CONTRACT W/ CHANGESWORK COMPLETED TO DATEBALANCE TO COMPLETE

$ 636,608.50$S 636,608.50$ 636,608.50$

70




AGENDA ITEM

Discussion and possible action to accept fiscal surety for street and drainage improvements for Driftwood Subdivision Phase 1 Section 1 in the amount of $1,839,936.41.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Roxie McInnis/Jerry Borcherding WHISENANT N/A

SUMMARY 25B51B77B103B129B155B181B207B233BThe final plat for the Driftwood Subdivision Phase1 Section 1 has been reviewed under the interlocal cooperation agreement with the City of Dripping Springs and has been approved by County staff. While the plat has been approved administratively, formal acceptance of fiscal surety is required by Commissioners Court action.

71

23rd FEBRUARY

74




AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute a Supplemental Agreement No. 1 to the Professional Service Agreement with HDR Engineering, Inc. for professional right-of-way acquisition services on the Buda Truck Bypass project in Hays County increasing the Compensation Cap from $1,900,000.00 to $2,000,000.00.


ACTION-ROADS March 24, 2015 $100,000.00

LINE ITEM NUMBER 026-802-96-625.5632_400

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: YES AUDITOR REVIEW: BILL HERZOG


Michael J. Weaver, Prime Strategies, Inc. JONES N/A

SUMMARY 27B55B83B111B139B167B195B223B251BThe additional authorized money will allow for execution of Work Authorization #2 for right of way acquisition services and surveying services for the Buda Truck Bypass project.

79




AGENDA ITEM

SUB-235 Caliterra Phase 1 Section 2 (26 lots). Discussion and possible action to approve final plat and accept fiscal surety for street and drainage improvements in the amount of $8,620.


ACTION-SUBDIVISIONS March 24, 2015

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Roxie McInnis WHISENANT N/A

SUMMARY 25B52B79B106B133B160B187B214B241BThe preliminary plan for Caliterra Phase 1 was approved by the Commissioners Court on April 22, 2014 and consists of 675 lots over 551.77 acres on RR 12 at FM 150 in Precinct 4. To date, 64 lots have been platted. This section contains 26 total lots (24 residential, 2 open space, drainage, and water quality lots) over 14.23 acres with an average residential lot size of 0.45 acres. 26B53B80B107B134B161B188B215B242BWater service to the subdivision will be provided by Dripping Springs Water Supply Corporation and public wastewater service will be provided by the City of Dripping Springs.

100




AGENDA ITEM

SUB-353 Lone Man Subdivision (1 lot). Discussion and possible action to approve final plat.


ACTION-SUBDIVISIONS March 24, 2015

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Roxie McInnis CONLEY N/A

SUMMARY 25B51B77B103B129B155B181B207B233BThe proposed Lone Man Subdivision a 1 lot division of 2.00 acres located off of Lone Man Mountain Road in Precinct 3. The lot will be served by a private well and an advanced on-site sewage facility.

104




AGENDA ITEM

Discussion and possible action to hire Byrn & Associates to research, survey and prepare a sketch exhibit for ROW at the end of Carpenter Lane.


ACTION-MISCELLANEOUS March 24, 2015 5,000.00

LINE ITEM NUMBER 020-710-00-5448_008

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding JONES N/A

SUMMARY 27B55B83B111B139B167B195B223B251BOver the years the ROW at the end of Carpenter Lane has become undefined. As tracts have divided and property owners have changed, it appears some property corners have encroached on County ROW. This encroachment limits the historical access to Carpenter lane by adjacent properties. The effort by Byrn and Associates will clarify exactly where County ROW is located, giving Hays County the information to demand relocation of fences and driveways.

106




AGENDA ITEM

Discussion and possible action to approve form of Internal Motor Vehicle License Validation Sticker Agreement for use by the Hays County Tax Assessor-Collector.


ACTION-MISCELLANEOUS March 24, 2015

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Caraway COBB N/A

SUMMARY 25B51B77B103B129B155B181B207B233BPlease see attached.

107

INTERNAL MOTOR VEHICLE LICENSE VALIDATION STICKER AGREEMENT

This Internal Motor Vehicle License Validation Sticker Agreement (the “Agreement”) is made by and between the Hays County Tax Assessor-Collector (the “Tax Assessor-Collector”), and __________________ (the “Department”), both being departments of Hays County, a political subdivision of the State of Texas.

RECITALS WHEREAS, public convenience will be furthered by authorizing Department to act as an agent for the Tax Assessor-Collector for the limited purpose of issuing motor vehicle license validation stickers (“Stickers”) for vehicles owned, leased and used by the Department at its place(s) of business located at ____________________________________________________________. NOW, THEREFORE, for the value received and in consideration of the covenants, conditions, and premises herein contained, the parties agree as follows:

I. COVENANTS OF TAX ASSESSOR-COLLECTOR

The Tax Assessor-Collector covenants and agrees as follows: A. To authorize an individual within the Department to act as an agent of the Tax Assessor-

Collector to issue motor vehicle registration stickers under the terms and conditions set forth in this Agreement.

B. To supply the Department with the numbered and secured motor vehicle license registration forms (hereinafter referred to as “Stickers”), as well as its written policies and procedures for their issuance. Under no circumstance will the Department keep said Stickers at any location other than the 1ocation to which said Stickers are assigned.

C. To not furnish any Stickers for the account of the Department other than directly to the Department’s Receiving Agent.

D. To request audit of the Department’s books and records as they pertain to this Agreement at anytime during normal business hours of Tax Assessor-Collector.

II. COVENANTS OF DEPARTMENT

The Department acknowledges, covenants, and agrees as follows: A. To comply with the requirements of the WebAgent System of the Texas Department of

Motor Vehicles. All necessary equipment will be furnished and maintained by the Department.

108

B. The Department shall designate one management employee to be designated as the liaison (“Designated Liaison”) between the Department and the Tax Assessor-Collector. The Designated Liaison will sign an oath of deputation on behalf of the Department to be given by the Tax Assessor-Collector. It is the responsibility of the Designated Liaison to personally approve all Department employees who will have access to the Stickers under the Department’s deputation. It is the further responsibility of the Designated Liaison to notify in writing the Tax Assessor-Collector of each such employee’s identity before permitting that employee’s contact with the said Stickers. The Designated Liaison shall also serve as the Receiving Agent for the Department for purposes of this Agreement. Prior to deputation, the Tax Assessor-Collector shall provide any training deemed necessary for the Designated Liaison and the employees approved by the Designated Liaison. The Department shall be responsible for all acts of the Designated Liaison and the individuals.

C. To not allow any of its officers, agents or employees to participate in any manner in the handling or issuance of Stickers until such officer, agent or employee has been approved by the Designated Liaison and identified to the Tax Assessor-Collector.

D. Upon the Receiving Agent’s receipt of Stickers from the Tax Assessor-Collector, the Receiving Agent shall verify that such Stickers correspond with the invoice. In the event of any discrepancies between the Stickers received and the Stickers listed on the invoice, the Department shall promptly report such discrepancy to the Tax Assessor-Collector.

E. Under no circumstances shall the Department keep the Stickers at any location other than the place(s) of business listed in this Agreement.

F. To keep the Stickers in an approved fire proof safe or a secured area and assume full liability for the safekeeping of all Stickers that are furnished by the Tax Assessor-Collector to the Department’s Receiving Agent.

G. The Department agrees to issue Stickers only to vehicles owned, leased or used by the Department with a renewal notice issued by the State of Texas, Department of Motor Vehicles, and only to validations that are due in the current and succeeding month (e.g.: during March, only Stickers for the months of March and April).

H. To submit weekly reports for the prior week’s activities, which shall accurately set forth

the number of Stickers issued, the number of Stickers voided, the number of Stickers missing, the Sticker series numbers issued, and any other information of which the Tax Assessor-Collector shall, from time to time, deem reasonably necessary (the “Weekly Reports”). The Weekly Reports shall be submitted on forms to be provided by the Tax Assessor-Collector and be in accordance with any written instructions of the Tax Assessor-Collector each week on Monday at 11:00 a.m. If a Monday falls on a County holiday, the Weekly Reports shall be delivered at 11:00 a.m. on the next business day that is not a County Holiday. In addition to providing the Weekly Report on said day and time, the Department shall also submit ACH payment to the Tax Assessor-Collector for the total correct amount of all motor vehicle registration fees collected during the prior week. . If a Monday falls on a County holiday, the Weekly

109

Reports and payment shall be delivered to the Tax Assessor-Collector at 11:00 a.m. on the next business day that is not a County holiday.

I. To assure that any report which is not in order and which does not balance or conform to the requirements of the Tax Assessor-Collector will be returned to the Tax Assessor-Collector, in its entirety, for correction or clarification before it can be remitted.

J. To use and report all Stickers in numerical sequence and return all unused or damaged Stickers to the Tax Assessor-Collector in a timely fashion. Any missing Stickers that are not reported must be paid for by the Department at the value arrived at by the Tax Assessor-Collector for that period. Furthermore, the Department agrees to be fully responsible for any shortages that appear on the Weekly Reports.

K. To have up to seven (7) business days to research and rectify any discrepancies that appears in any report required hereunder and to locate any missing or unaccounted for Stickers. If, within the said seven (7) days, the Department is unable to locate any missing or unaccounted for Stickers, the Department agrees to promptly pay for such missing and/or unaccounted for Stickers, as well as any shortages in fees.

L. Department must submit ACH payment to the Hays County Tax Assessor-Collector for

the full amount of Stickers and fees due for each reporting period. If, within seven (7) business days from the date payment is due, the Department fails to pay the Tax Assessor-Collector for any amount owing under this Agreement, the Tax Assessor-Collector may suspend this Agreement and not issue any additional Stickers until such time that all sums owed are paid.

M. Department may not assign or transfer its interest in or obligations under this Agreement. N. Department acknowledges that the Tax Assessor-Collector’s records must be kept current

at all times during this Agreement and the Tax Assessor-Collector must be promptly advised of any changes that may affect the Department’s ability to comply with the terms of this Agreement.

O. To promptly notify the Tax Assessor-Collector whenever an employee ceases to have approval of the Designated Liaison to access the, Stickers. Whenever a Designated Liaison is replaced by another Designated Liaison, the new Designated Liaison must be deputized prior to assuming duties in relation to the subject matter of this Agreement.

P. To provide the authorized representatives of the Tax Assessor-Collector, the Texas

Department of Motor Vehicles, the Hays County Auditor’s Office, and/or the County’s outside audit firm, when necessary, reasonable access to the area wherein the Stickers are stored and issued, and provide the necessary assistance reasonably requested in auditing the Stickers.

Q. To be subject to audit by the Tax Assessor-Collector, the Hays County Auditor, the Texas

Department of Motor Vehicles, and/or any Certified Public Accountant designated by any one or more of the same, at any time during normal business hours of the Department

110

without prior notification, or at any other time or place in Hays County, Texas as mutually agreed to by the parties, upon 24 hours notification. If the audit is to be conducted at any place other than the place of business of the Department, the Department’s receiving agent shall be present and shall make available, at the place of the audit, all Stickers, reports, forms, and/or any other information and documentation reasonably required by the above referenced offices and entities.

R. In the event that any audit or report of the Department discloses that any Stickers or funds

are missing or are otherwise unaccounted for and Department is unable to cure such breach within seven (7) days of written notice from the Tax Assessor-Collector, the Tax Assessor-Collector shall be entitled to collect payment.

III.

TERM AND TERMINATION OF AGREEMENT A. Term. The term of this Agreement shall commence upon the Tax Assessor-Collector’s

receipt of both a fully executed original copy of this Agreement and notification to the Tax Assessor-Collector’s of the appointment of the Designated Liaison; and shall continue thereafter in full force and effect until terminated by either party in accordance with the terms hereof.

B. Termination for Convenience. Either party may terminate this Agreement for

convenience and without cause or further liability upon ten (10) business day’s written notice to the other party. Within seven (7) business days after the date of termination, the Department shall return to the Tax Assessor-Collector all outstanding Stickers, together with full payment of all undisputed fees owed to the Tax Assessor-Collector and a final report.

C. Termination for Cause. If either party commits an Event of Breach (a breach of any of

the covenants, terms and/or conditions of this Agreement), the non-breaching party shall deliver written notice of such Event of Breach to the breaching party. Such notice must specify the nature of the Event of Breach and inform the breaching party that, unless the Event of Breach is cured within seven (7) calendar days of receipt of the written notice, additional steps may be taken to terminate this Agreement. If the breaching party does not cure the breach within seven (7) calendar days, the breaching party shall be deemed to be in breach and the non-breaching party may, in addition to seeking the remedies available hereunder and under the law, immediately terminate this Agreement.

1. Termination due to Department’s Breach. Upon termination of this Agreement by the

Tax Assessor-Collector for breach by Department, the Department shall, at Department’s sole expense and within 24 hours, excluding weekends and holidays, after Department’s receipt of the Tax Assessor-Collector’s notice of termination, return to the Tax Assessor-Collector all outstanding Stickers and full payment of all undisputed fees owed to the Tax Assessor-Collector, along with a final report.

2. Termination due to Tax Assessor-Collector’s Breach. Upon termination of this Agreement by the Department for breach by Tax Assessor-Collector, the Tax Assessor-Collector shall be obligated to pick up, at the sole expense of the Tax

111

Assessor-Collector, all Stickers owed to the Tax Assessor-Collector within 24 hours, excluding weekends and holidays, after the Tax Assessor-Collector’s receipt of the Department’s notice of termination. Department shall remit payment of all undisputed fees owed to Tax Assessor-Collector through the date of termination via ACH.

IV.

MISCELLANEOUS PROVISIONS A. Venue and Governing Law. Each party to this Agreement hereby agrees and

acknowledges that venue and jurisdiction of any suit, right, or cause of action arising out of or in connection with this Agreement shall lie exclusively in Hays County, Texas, and the parties hereto expressly consent and submit to such jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, excluding, however, its choice of law rules.

B. Reclamation of Stickers. It is hereby acknowledged by Department that the Tax

Assessor-Collector shall have the right to reclaim the Stickers at any time upon written notice during the term of this Agreement. Department shall provide a report of the number of Stickers (including serial numbers) reclaimed by Tax Assessor-Collector at the time of such repossession.

C. Department’s Breach. No breach by the Department shall be considered an insubstantial

or immaterial breach. Furthermore, a breach of any obligation to be performed by the Department hereunder shall constitute a material breach of this Agreement and shall give the Tax Assessor-Collector the right to immediately terminate this Agreement, as set forth hereinabove, and, in addition to such termination right, the right to avail itself of any other remedies available hereunder or under the law.

D. Notice. Notice given pursuant to this Agreement shall be in writing and shall be given by

United States certified or registered mail, postage prepaid, addressed to the appropriate party as set forth below:

TAX ASSESSOR-COLLECTOR: Hays County Tax Assessor-Collector

712 South Stagecoach Trail San Marcos, Texas 78666

DEPARTMENT: At the address set forth in the Department’s

signature block below.

The person and address to which notices are to be given may be changed at any time upon written notice to the other party.

E. Severability. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, but rather this entire Agreement will be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligation of the parties shall be construed and enforced in

112

accordance therewith. The parties acknowledge that if any provision of this Agreement is determined to be invalid or unenforceable, it is the desire and intention of each that such provision be reformed and construed in such a manner that it will, to the maximum extent practicable, give effect to the intent of this Agreement and be deemed to be validated and enforceable.

F. No Third Party Beneficiaries. This Agreement is for the sole and exclusive benefit of the

parties hereto and nothing in this Agreement, express or implied, is intended to confer or shall be construed as conferring upon any other person any rights, remedies or any other type or types of benefits. Further, the provisions of this Agreement are not intended to create, nor shall they be in any way construed to create a joint venture, a partnership, or any other similar relationship between the parties. The Department acknowledges that it is an independent contractor and that it will be acting as an independent contractor in performing its obligations under this Agreement.

G. Compliance with Laws. Each party to this Agreement shall comply with all federal,

state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement.

H. No Waiver of Immunities. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to Hays County, the Tax-Assessor Collector, and their past or present officers, employees or agents, nor to create any legal rights or claim on behalf of any third party. Hays County does not waive, modify, or alter to any extent whatsoever the availability of the defense of governmental immunity under the laws of the State of Texas and of the United States.

I. No Waiver. The failure or delay of any party to enforce at any time or any period of time

any of the provisions of this Agreement shall not constitute a present or future waiver of such provisions nor the right of either party to enforce each and every provision. Furthermore, no term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other, different or subsequent breach.

J. Force Majeure. If the party obligated to perform is prevented from performance by an act

of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of said party, the other party shall grant such party relief from the performance of this Agreement. The burden of proof for the need of such relief shall rest upon the party obligated to perform. To obtain release based on force majeure, the party obligated to perform shall file a written request with the other party.

K. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, DEPARTMENT SHALL

INDEMNIFY, DEFEND, PROTECT, AND SAVE HARMLESS HAYS COUNTY AND THE HAYS COUNTY TAX ASSESSOR-COLLECTOR AND THEIR OFFICIALS, EMPLOYEES, AGENTS AND AGENTS’ EMPLOYEES FROM AND AGAINST ALL CLAIMS, SUITS, ACTIONS, LIABILITY, LOSS, DAMAGE, REASONABLE ATTORNEY'S FEES, COSTS, AND EXPENSES (INCLUDING,

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BUT NOT LIMITED TO EXPENSES RELATED TO EXPERT WITNESSES) OF ANY KIND WHATSOEVER, TO THE EXTENT ARISING FROM ANY NEGLIGENT ACT, ERROR OR OMISSION OF DEPARTMENT OR ANY OF ITS EMPLOYEES AND/OR ITS AGENTS AND AGENTS’ EMPLOYEES IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT.

L. Entire Agreement. This Agreement represents the entire and integrated agreement

between the parties hereto and supersedes all prior negotiations, representations, or agreements, either oral or written. This Agreement may be amended only by written instrument signed by each party to this Agreement.

Executed to be effective as of the date of the last party’s execution below. Name of Department: Address: , TX

Signature: Printed Name: Title: Date: , 20 Subscribed and sworn to before me this ______ day of _______________________, 20____.

_______________________________ Notary Public, State of Texas

HAYS COUNTY TAX ASSESSOR-COLLECTOR By: ________________________________________ Luanne Caraway Hays County Tax Assessor-Collector

Date: , 20 Subscribed and sworn to before me this ______ day of _______________________, 20____.

_______________________________ Notary Public, State of Texas

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AGENDA ITEM

Discussion and possible action to consider granting a variance from Section 701.5.04 of the Hays County Development Regulations to allow permitting of an On-Site Sewage Facility at 760 Crest Circle, San Marcos.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Roxie McInnis INGALSBE N/A

SUMMARY 25B51B77B103B129B155B181B207B233BSection 701.5.04 of the Hays County Development Regulations states that payment of delinquent taxes is required prior to the issuance of a development authorization. An on-site sewage facility permit application has been filed to replace a failing system at 760 Crest Circle in San Marcos. The replacement will fulfill a contract for sale which will enable the property to be sold to a new owner. Upon closing, the delinquent taxes will be paid in full.

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AGENDA ITEM

Discussion and possible action to update the rules and regulations for the Jacobs Well Natural Area; adopt a fee schedule and peak season access guidelines.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



GARZA CONLEY N/A

SUMMARY 25B53B81B109B137B165B193B221B249BPeak season at Jacobs Well Natural Area begins when swimming at the well re-opens on May 1, 2015. Proposed changes for the 2015 season and moving forward include 2 changes to the rules, daily use fee's, and reservation and tour access for swimming from Memorial Day to Labor Day. 26B54B82B110B138B166B194B222B250BCopies of the proposed fee schedule and rule changes are attached. 27B55B83B111B139B167B195B223B251BDuring peak season, staff proposes tour reservations for swimming access. Specifically, tours of up to 60 guests will be taken on a tour of the natural area through the park to Jacobs Well. Every 2 hours ( 10-12, 12-2, 2-4, 4-6, &6-8) a different group will be led to Jacobs Well, for a total visitor count of 300 per day.

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Current JWNA Rules:

1. Swim at your own risk 2. No jumping or diving from rocks 3. No SCUBA diving 4. No camping 5. No bicycles, ATV’s, or other motorized vehicles on grounds 6. No fires, fireworks, or smoking 7. No pets or other domesticated animals 8. No firearms, archery equipment, hunting, or fishing 9. No glass containers 10. No alcoholic beverages or illegal drugs 11. Disorderly conduct and excessive noise prohibited 12. Destruction or removal of vegetation and other resources including animals or fossils, is

prohibited

Proposed JWNA Rules:

1. Swim at your own risk 2. No jumping or diving from rocks

3.2. No SCUBA diving 4.3. No camping 5.4. No bicycles, ATV’s, or other motorized vehicles on grounds 6.5. No fires, fireworks, or smoking 7.6. No pets or other domesticated animals 8.7. No firearms, archery equipment, hunting, or fishing 9.8. No glass containers 10.9. No alcoholic beverages or illegal drugs 11.10. Disorderly conduct and excessive noise prohibited 11. Destruction or removal of vegetation and other resources including animals or fossils, is

prohibited 12. Access to swimming is by guided tour only, during peak season from Memorial Day – Labor Day.

Please see staff for details.

Formatted: Indent: Left: 0.5", No bullets ornumbering

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Hays County Development and Community Services Parks Department

FEE SCHEDULE EFFECTIVE MAY 1, 2015

ADULTS $9.00 per person

HAYS COUNTY RESIDENTS (proof of residency, photo ID required)

$5.00 per person

CHILDREN AGES 5 - 12 $5.00 per person

CHILDREN AGES 4 and Under

FREE

SENIORS 60+ $5.00 per person

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AGENDA ITEM

Discussion and possible action to authorize the Parks Department to hire three part-time seasonal positions for the Jacob's Well Natural Area and amend the budget accordingly.


ACTION-MISCELLANEOUS March 24, 2015 $14,296

LINE ITEM NUMBER 001-700-00]

AUDITOR USE ONLY

AUDITOR COMMENTS: See attached budget amendment. Implementation of procedures and internal controls will be necessary to insure the proper collection and accounting of revenues. PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: BILL HERZOG


Clint Garza CONLEY N/A

SUMMARY 28B63B98B133B168B203B238B273B308BThe Development and Community Services Director would like to hire three seasonal Interpretive Guides for JWNA. These positions will be responsible for conducting guided interpretive tours of the preserve and nature center, including the area geology, flora/fauna, history, conservation practices and importance of natural resource preservation. Other duties will include conducting visitor surveys, collecting visitor information and maintaining a log detailing site visits, activities observed, number of visitors, times of visits, and other pertinent information. 29B64B99B134B169B204B239B274B309BSalary savings of ($3,285) have been identified to fund a portion of this request. Anticipated revenue from a new JWNA fee schedule will offset the remaining funds needed. 30B65B100B135B170B205B240B275B310BBudget Amendment: 31B66B101B136B171B206B241B276B311BIncrease Staff Salaries: .5021 - $9,995 32B67B102B137B172B207B242B277B312BIncrease FICA: .5101_100 - $824 33B68B103B138B173B208B243B278B313BIncrease Medicare: .5101_200 - $192 34B69B104B139B174B209B244B279B314BIncrease Park Revenue: $11,011

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Parks Department

Part‐Time Seasonal Employees for JWNA

2 P/T Seasonal Park Interpretive Guides ‐ weekends (F,S,S)

3 days per week/8 hrs each day

$10.00 per hour

Effective 4/24/15 through 9/6/15

60 days

480 hours for effective period

4,800 base salary

367 fica/medicare

5,167 total 1 temp

10,334 total 2 temps

1 P/T Seasonal Park Interpretive Guide ‐ weekday (M,T,W)

3 days per week/8 hrs each day

$10.00 per hour

Effective 5/25/15 through 9/7/15

46 days

368 hours for effective period

3,680 base salary

282 fica/medicare

3,962 total 1 temp

14,296 Total Funds Needed

(3,285) Parks ‐ current salary savings

11,011 *Addtl funds needed

*Fund seasonal positions with revenue if JWNA Park Fee Schedule is approved.

p:/vickie/budget calcs/parks seasonal emp

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HAYSCOUNTYJOBDESCRIPTION

JobCode: Preparedby:ParksandHumanResourcesGrade:106. DatePrepared:March2013FLSA: NonExempt Temporary,Part‐timeSeasonal

Jacob’sWellNaturalAreaInterpretiveGuide

Essential functions, as defined under the Americans with Disabilities Act, include theresponsibilities, knowledge, skills, and other characteristics listed below. This list ofresponsibilitiesisILLUSTRATIVEONLY,andisnotacomprehensivelistingofallfunctionsand tasks performed by positions in this class. To perform this job successfully, anindividualmustbeabletoperformeachessentialdutysatisfactorily.Otherdutiesmaybeassigned.Reasonableaccommodationsmaybemadetoenableindividualswithdisabilitiestoperformtheessentialfunctions.

Summary

Reporting to the Natural Resources Manager, the Interpretive Guide at the Jacob’sWellNaturalAreaisresponsibleforgreetingandcheckinginallvisitorsuponarrival,confirmingreservations, answering questions, providing customer service to tourists and visitors,conducting guided tours of the preserve and maintaining a presence during operatinghours.TheInterpretiveGuidemayalsobeaskedtoperformothertasksaroundtheNatureCenterandpreserveasneeded,suchasassistancewithevents,coordinatingwithvolunteertourguides,officeadministration,andothergeneraltasksastheroledevelops.

Responsibilities

Providefrontentrancedutiesinawelcomingmannerandprovidinginformationtovisitorsaboutthepreserve,hours,touroutline,theactivitiesavailable,andHaysCountyParksDepartmentandJacob’sWellNaturalAreaingeneral.

Conductvisitorsurveysandcollectingvisitorinformation.Maintainalogdetailingsitevisits,activitiesobserved,numberofvisitors,timesofvisits,andotherpertinentinformation.

ReportruleinfractionsandemergenciestoParksSpecialistsand/orManager.

Conductguidedinterpretivetoursofthepreserveandnaturecenter,includingstory‐tellingelementsforallages,includingtheareageology,flora/fauna,history,conservationpracticesandimportanceofnaturalresourcepreservation

Assistwithplannedsummerdaycampactivities,schoolgroupsactivities,bothforcommunityserviceandeducationalvisitsincludingdemonstrations,toursandeducatingthepublicontheimportanceofpreservationandconservationofnaturalresources.

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Provideinformationaboutthepreserveandsurroundingamenitiesandattractionstoarangeofvisitors,fromHaysCountycommunitymemberstolocalWimberleyresidentsandtouristsfromnationalandinternationallocationsProvideassistanceasneededforpreservevisitorswithspecialneedsand/oraccommodations(ADA).Assistwithmaintainingsafetyandsecuritythroughoutthepreserveandatspecificlocationswhenneeded.KnowledgeRequired General knowledge of State and County rules and regulations governing all county

ownedparkproperties. Generalknowledgeoftheprinciplesandpracticesofcustomerserviceand/orworking

withthepublicinapark‐likesetting General Knowledge of AmericansWith Disabilities Act (ADA) requirements for Hays

CountyParksandfacilities Generalknowledgeandorexperiencewithstory‐telling,givingpresentations,speaking

infrontofgroups,performing,improvisation,orotherpublicspeakingexperience General Knowledge of Jacob’s Well and Hill Country geology, flora/fauna, hydrology

preferredRequiredSkill

Exceptionalskillincommunicatingclearlyandconciselywiththepublic. Generalskillinoperationofall‐terrainvehiclespreferred Proficientskillinfollowingfederal,stateandlocallawsandregulationsrelatedtopark

administration. Excellentorganization,time‐managementandrecordkeepingskills Exceptionalskillininteractingwiththepublic.

Educationand/orExperienceHighSchoolDiplomaRequiredBachelor’sDegreepreferred(orworkingtowardsdegreecompletion)

OtherQualifications,Certificates,Licenses,Registrations CurrentvalidClass“C”Driver’sLicense. CurrentFirstAidorCPRqualification,ormustobtainwithin3months.

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AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute a Software as a Service Subscription Agreement between Hays County and Budget Infographics, Inc.


ACTION-MISCELLANEOUS March 24, 2015 $ 6,000

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS: This was not budgeted for FY15. I recommend it be paid out of contingencies.



Ingalsbe INGALSBE N/A

SUMMARY 27B55B83B111B139B167B195B223B251BSee attached.

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Software as a Service Subscription Agreement

THIS SOFTWARE AS A SERVICE SUBSCRIPTION AGREEMENT (the “Agreement”) IS A LEGAL AGREEMENT made

effective as of _________________, 2015 and ending ________________, 2016 (Term) by and between Hays County (the "Licensee"), having an office at 712 S. Stagecoach Trail, San Marcos, TX and Budget Infographics, LLC a Texas Limited Liability Company (the "Licensor"), having an office at 2275 Ridgecrest Street, San Marcos, TX 78666. As used in this Agreement, "Software" means, the web based software located at www.budgetinfographics.com together with any and all enhancements, upgrades, and updates thereto that may be provided to Licensee in the future by Licensor.

1. OWNERSHIP 1.1 In this Agreement, Licensor is licensing its web-based software application product on a non-exclusive basis for use only on a web server hosted and controlled by Licensor. Licensor is at all times the owner of the Software and, except as specifically licensed hereby pursuant to a non-exclusive license agreement. Licensor retains all rights to the Software. Rights not specifically granted in this Agreement, including without limitation Federal and International Copyrights, are expressly reserved by Licensor. 1.2 Licensee will never receive a copy of the Software or registered user email addresses. Because some of the Software is in a decompiled, human-perceivable form, Licensor will NEVER release the software code for any of the Software to Licensee. The license granted herein is entirely contingent upon Licensor hosting the Software and NEVER releasing any copies of the Software, which means that Licensee will never host the Software itself and may never install the Software on any if its computers. In no event does the License or this Agreement entitle Licensee to any rights of ownership in any of the work flow design, process flow design, or the code in the underlying page, program, database or its content that is public information as defined under the Texas Public Information Act, software, or ANY other code used to draw or render the elements on the web page, all of which is owned by Licensor. 1.3 If Licensee decides NOT to renew this License after the term of this Agreement, or if this Agreement is terminated for any reason, Licensee will NOT receive a copy of the Software, data or registered user email addresses or have any rights to access the Software.

2. GRANT OF LICENSE; LICENSOR SERVICES 2.1 Licensor grants to Licensee, and by Licensee’s use of the Software Licensee accepts, pursuant and subject to the terms and conditions of this Agreement, a limited, nonexclusive, non-transferable, non-assignable, revocable right to use the Software ("License"), solely and strictly in accordance with the terms, conditions and restrictions applicable to the License, as described herein. 2.2 During the term of the License, Licensor shall host the servers needed for Licensee's use of the Software; such servers will be located at a Tier 1 Class A data center. This Agreement includes all future bug fixes, error corrections, new releases, updates and program improvements to the Software during the term of the License. Any other special services or program changes requested by Licensee, such as customizations or program modifications and additions shall be pursuant to a written amendment to this Agreement subject to the mutual agreement of both the Licensor and the Licensee.

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http://www.budgetinfographics.com/

2.3 The Licensor shall perform its services including but not limited to entering the adopted and proposed budgets current during the term of the agreement including updates to those budgets. The Licensor shall advise the Licensee of data and information the Licensor needs to perform its services and the Licensor will meet with the Licensee’s representatives at mutually convenient times to assemble this data and information as necessary. In performing all services under this Agreement, the Licensor shall comply with all local, state and federal laws.

2.4 It is expressly agreed that the Licensor is an independent contractor, and not an employee, agent, partner or joint venturer with the Licensee. The Licensor will not pledge or attempt to pledge the credit of the Licensee. 2.5 In the event any training is to be provided by the Licensor as part of its services under this Agreement, that training will be sufficient to enable the Licensee’s staff to use fully the required Software for its intended purposes.

3. LICENSE FEES 3.1 The Licensee agrees to pay a total subscription fee of $6,000 to the Licensor for performing the services identified in 2.3 above for the first year term of this agreement and $12,000 for subsequent years, as provided herein. The Licensor will bill the Licensee at the beginning of the Term and the Licensee will pay the Licensor the subscription amount within thirty (30) business days of the Licensee’s receipt and approval of the Licensor’s invoice. If services extend beyond the Term an additional invoice will be paid applying to the auto renew subscription, unless terminated pursuant to Section 7.3 below.

4. DATA INTEGRITY 4.1 All descriptions and values entered in the Software shall be entered by the Licensor or its designated representative and be solely sourced from the current proposed or adopted budget or in the case of Metrics, from Census data or other data received from the Licensee or government sources. Licensee shall review the entered data and be responsible for promptly alerting Licensor of any errors or omissions.

5. REIMBURSABLE EXPENSES 5.1 In addition to the fees for the License and for services, if and as applicable, Licensee shall reimburse Licensor for all expenses incurred by Licensor with the prior approval of Licensee for the Licensor’s performance of requested additional services, such as changes to software, entering data beyond that envisioned in section 2.3, including but not limited to expenses of transportation in connection with providing services, reasonable expenses for out-of-town travel including meals, professional and programming services which may be required such as secondary employees and other experts, as well as outside services such as programmers. Records of reimbursable expenses including statements and receipts shall be provided to Licensee along with the invoice to which they pertain.

6. CONFIDENTIAL INFORMATION 6.1 Licensee shall take all reasonable steps to protect the Software and related documentation from unauthorized copying or use. The Software source code represents and embodies the trade secrets of Licensor and/or its licensors. The Software source code, pricing, interfaces, data mappings, and embodied trade secrets are NOT licensed to Licensee, and Licensee shall take all reasonable measures to avoid any unauthorized disclosure of the same.

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7. DEFAULT; CURE; SUSPENSION; TERMINATION 7.1 In the event Licensee fails to make any payment when due hereunder, Licensor shall give Licensee written notice of such failure via e-mail. If such payment is not received by Licensor within ten (30) business days after such written notice is sent by Licensor, Licensor may immediately either (a) terminate the License and this Agreement without further notice, or (b) suspend the License and performance of services under this Agreement. In the event of a suspension, the License and this Agreement and any agreed upon services will be restored upon Licensor's receipt of payment in full hereunder. 7.2 Other than Licensee's payment default, in the event that either party believes the other has failed to substantially perform in accordance with the terms of the Agreement, the non-defaulting party shall submit written notice via certified mail to the defaulting party describing in detail the alleged deficiencies by the defaulting party. The defaulting party shall have 30 business days from the date notice was post dated to cure such deficiencies. If the deficiencies remain uncured after such 30 business day period, the non-defaulting party may terminate this Agreement. 7.3 This Agreement may be terminated for convenience and without cause by the Licensee upon at least 15 calendar days prior written notice to the Licensor. In the event of any suspension or termination, Licensor shall have no liability whatsoever to the Licensee for delay or damage caused the Licensee due to such suspension or termination. Any notices to be delivered to Licensor hereunder shall be sent to the address of Licensor set forth above. Any notices to be delivered to Licensee hereunder shall be sent to the address last known by Licensor for Licensee.

8. GOVERNING LAW 8.1 This Agreement is governed by the laws of the State Texas. Exclusive venue for any dispute arising under the Agreement is in Hays County, Texas. 9. ASSIGNMENT AND TRANSFER

9.1 The Licensee and the Licensor, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Licensee and the Licensor may not assign, sublet or transfer any of their rights, or delegate or subcontract any of their duties under or interest in this Agreement, in whole or in part, without the written consent of the other. Any work or services subcontracted under this Agreement will be specified by separate written agreement and will be subject to each provision of this Agreement. The Licensor will notify the Licensee, in writing, of any change in its partnership/ownership within 30 calendar days of such change.

10. ENTIRE AGREEMENT 10.1 The Agreement including any appendices, and referenced attachments or exhibits represents the entire and integrated Agreement between the Licensee and the Licensor and supersedes all prior negotiations, representations or agreements either written or oral. The Agreement may be amended only by written instrument which must be agreed upon and signed by both the Licensee and the Licensor provided, however, that in the event Licensor and Licensee have entered into a separate written agreement which specifically provides that it supersedes this Agreement, such other agreement shall prevail if and to the extent of any inconsistencies between the two agreements. Further, in the event that the effective dates of any other applicable agreement have lapsed without extension, renewal or replacement, this Agreement becomes the definitive agreement for Licensee's use of the Software.

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11. LIMITATIONS ON DAMAGES 11.1 The Licensor expressly acknowledges and warrants that it performs services of the nature described in this Agreement in its normal and customary course of business and that the Licensee, compared to the Licensor is relatively unfamiliar with the type of Software described in this Agreement and the Licensee, in executing the Agreement, relies upon the Licensor’s superior knowledge of this type of Software and associated services. 11.2 The Licensor expressly warrants and represents that the Software and related services, as applicable, provided by the Licensor to the Licensee under this Agreement: (a) are merchantable and fit for their intended purposes, (b) will be performed on a timely basis and in a good, professional, and workmanlike manner by persons having specialized skill and knowledge as to the services being performed and (c) that the Licensee will have quiet enjoyment of the Software provided for the Licensee’s use by the Licensor under this Agreement, and that no change in the organization, structure or ownership of the Licensor will in any way interfere or diminish the Licensee’s use and enjoyment of the Software.

12. LICENSEE’S RESPONSIBILITIES 12.1 The Licensee will provide information to the Licensor regarding the Licensee’s requirements for the Licensor’s services under this Agreement and will designate an authorized representative to act on the Licensee’s behalf with respect to this Agreement 12.2 Information and data for upload or entering into the Budget Infographics web site may be provided to licensor in PDF or excel format via e-mail or acquired by Licensor from Licensee’s web site.

13. LICENSOR’S RECORDS

13.1 All expense records of the Licensor related to this Agreement will be kept on a recognized accounting basis acceptable to the Licensee and will be available to the Licensee at mutually convenient times. The Licensee, its auditors and federal and state agencies that have monitoring or auditing responsibilities for the Agreement will have access to any books, documents, papers and records of the Licensor which are directly pertinent to the Agreement for the purpose of making audit, examination, excerpts, copying and transcriptions. The Licensor will furnish to the Licensee at such time and in such form as the Licensee may require, financial statements including financial statements, records, reports, data and information, as the Licensee may request pertaining to the matters covered by the Agreement. Any information provided pursuant to this subsection will be held in strict confidence to the extent permitted by applicable law. Notwithstanding the above, Licensor will not disclose Registered User email addresses acquired during the Budget Infographics registration process.

14. PATENT FEES AND ROYALTIES 14.1 As applicable, the Licensor will pay all license fees, royalties, and other costs incident to the use of any invention, design, process, product or device subject to a patent right or copyright held by others in performing the work under this Agreement.

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15. INDEMNIFICATION AND INSURANCE

15.1 THE LICENSOR, AT ITS OWN EXPENSE, WILL COMPLETELY AND ENTIRELY HOLD HARMLESS, INDEMNIFY AND DEFEND THE LICENSEE FROM ANY CLAIM OR SUIT BROUGHT AGAINST THE LICENSEE INVOLVING AN ALLEGED VIOLATION OF PATENTS OR COPYRIGHTS RESULTING FROM THE LICENSOR’S OR THE LICENSEE’S USE OF ANY SOFTWARE, DOCUMENTATION AND/OR DATA PROVIDED OR DEVELOPED BY THE LICENSOR IN CONNECTION WITH THE SERVICES AND PRODUCTS DESCRIBED IN THE AGREEMENT. The Licensee will provide the Licensor with a written notice of any such claim or suit. The Licensee will provide the Licensor with a written notice of any such claim or suit. The Licensee will assist the Licensor, in reasonable ways, in the preparation of information helpful to the Licensor in defending the Licensee against such a claim or suit. The Licensee retains the right to offset against any amounts owed the Licensor any such monies expended by the Licensee in defending itself against such claims. Should a court order be issued restricting the Licensee’s use of any product at the Licensee’s sole option, the Licensor will, at the Licensor’s sole expense, (1) purchase for the Licensee the right to continue using the contested product(s), or (2) provide substitute products to the Licensee which are, in the Licensee’s sole opinion, of equal or greater quality, or (3) refund all monies paid to the Licensor by the Licensee for the product(s) subject to the court order. The Licensor will also pay to the Licensee all losses incurred by the Licensee related to the product(s) and for all reasonable expense related to the installation and conversion of new products. This obligation by the Licensor will not be limited because of the specification of any particular insurance coverage in the Agreement.

15.2 THE LICENSOR WILL INDEMNIFY, HOLD HARMLESS AND DEFEND THE LICENSEE AND ITS EMPLOYEES, AGENTS, OFFICERS AND SERVANTS FROM ANY AND ALL LAWSUITS, LOSSES, EXPENSES, CLAIMS, DEMANDS AND CAUSES OF ACTION OF ANY KIND ARISING FROM THE NEGLIGENT OR INTENTIONAL WRONGFUL ACTS ERRORS OR OMISSIONS OF THE LICENSOR, ITS OFFICERS, EMPLOYEES OR AGENTS. This will include, but not be limited to, the amounts of judgments, penalties, interest, court costs, reasonable legal fees, and all other expenses incurred by the Licensee arising in favor of any party, including the amounts of any damages or awards resulting from claims demands and causes of action for personal injuries, death or damages to property alleged or actual infringement of patents, copyrights, and trademarks and without limitation by enumeration, all other claims, demands, or causes of action of every character occurring, resulting, or arising from any negligent or intentional wrongful act, error or omission of the Licensor and/or its agents and/or employees. This obligation by the Licensor will not be limited because of the specification of any particular insurance coverage required under the Agreement.

16. NO WAIVER OF IMMUNITY 16.1 The Licensee’s execution of and performance under this Agreement will not act as a waiver by the Licensee of any immunity from suit or liability to which it is entitled under applicable law. The parties acknowledge that the Licensee, in executing and performing this Agreement, is a governmental entity acting in a governmental capacity.

17. REMEDIES, NO WAIVER 17.1 In the event of a default or breach of the Agreement by the Licensor, the Licensee reserves the right to choose among the remedies for the default or breach available to the Licensee. These remedies may be used in conjunction with one another or separately, and together with any other statutory or common law remedies available to the Licensee. Any failure by the Licensee to enforce this Agreement with respect to one or more defaults by the Licensor will not waive the Licensee’s ability to enforce the Agreement after that time.

18. FUNDING OUT 18.1 As applicable to this Agreement, the Licensor understands that funds for the payment for work performed by the Licensor under this Agreement have been provided through the Licensee’s budget approved by the Hays County Commissioners Court and enters into this Agreement only to the extent such funds are made available. The Licensor

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acknowledges and agrees that it will have no recourse against the Licensee for its failure to appropriate funds in any given Fiscal Year to fulfill the terms and conditions of this Agreement.

19. TAXES 19.1 The Licensor will not include Federal taxes or State of Texas limited sales excise and use taxes in its invoices or vouchers and statement of costs. The Licensee is exempt from payment of such taxes and the Licensor may retrieve a resale certificate for use on this project from the State of Texas Comptroller’s website.

20. MISCELLANEOUS PROVISIONS 20.1 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Licensee or Licensor.

20.2 As to all acts or failures to act by either party to this Agreement, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued when the party commencing the cause of action knew or should have known of the existence of the subject act or failure to act.

20.3 The Licensor agrees not to use funds received by it under the terms of this Agreement for any partisan political activity or to further the election or defeat of any candidate for public office.

20.4 The Licensor hereby affirms that neither the Licensor, the Licensor’s firm nor any of its associates or employees have made or agreed to make any valuable gift whether in the form of service, loan, thing, or promise to any person or any of his/her immediate family, having the duty to recommend, the right to vote upon, or any other direct influence on the selection of contractors to provide services to the Licensee within the two years preceding the execution of the Agreement. The Licensor further agrees that none of its paid personnel will be employees of the Licensee or have any contractual relationship with the Licensee. All activities, investigations, and other efforts made by Licensor pursuant to the Agreement will be conducted by employees, associates, or independent contractors of the Licensor.

20.5 In performing the services required under this Agreement, the Licensor will not discriminate against any person on the basis of race, color, religion, sex, national origin, age, disability or ancestry. The Licensor agrees not to engage in employment practices which have the purpose or effect of discriminating against employees because of race, color, sex, religion, national origin, age, disability or ancestry. A breach of this covenant may be regarded as a default of the Licensor of the Agreement.

20.6 All references in this Agreement to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender.

20.7 Should any provision in this Agreement be found or deemed invalid, this Agreement will be construed as not containing the provision and all other provisions, which are otherwise lawful, will remain in full force and effect, and to this end, the provisions of the Agreement are declared severable. Paragraph and Section headings included in the Agreement are for convenience only and are not intended to define or limit the scope of any provisions of the Agreement.

20.8 All services provided pursuant to this Agreement are for the exclusive use and benefit of the Licensee and the Agreement will not give rise to any rights in third parties.

129

20.9 The Licensee is governed by the Texas Public Information Act (the “Act”), Chapter 552 of the Texas Government Code. This Agreement and all written information generated under this Agreement may be subject to release under the Act. 20.10 In the event that the performance by either the Licensee or the Licensor of any of its obligations under the Agreement is interrupted or delayed by events outside of their control such as acts of God, war, riot or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of such events. 20.11 Right to Audit. Licensee shall, upon five (5) days’ written notice to Licensor, have a right to inspect all payments, expenditures, and other information held by Licensor that are relevant to this Agreement. Unless otherwise requested by Licensor, Licensee’s inspection of records shall be performed between the hours of 8 a.m. and 5 p.m., Monday through Friday. This Section 20.11 shall survive termination of this Agreement for an additional two (2) years. 20.12 Professionalism. The Parties recognize that professionalism and courtesy is necessary for the effective performance of this Agreement. The Parties hereby agree that they will conduct themselves in a courteous and considerate manner at all times.

Agreed & Accepted: Agreed & Accepted: The Licensor The Licensee Budget Infographics LLC Hays County This ____ day of ______ ___________, 2015 This _____ day of __________________, 2015 Name: Larry Peterson Name: _____________________ ___________________________ ___________________________ Signature Signature

130




AGENDA ITEM

Discussion and possible Resolution Expressing Support of Hays County for Legislation related to a Local Provider Participation Fund.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Cobb COBB N/A

SUMMARY 25B51B77B103B129B155B181B207B233BSee attached Resolution and Legislation.

131

Resolution of the Hays County Commissioners Court RegardingLocal Provider Participation Fund Legislation

WHEREAS, the Texas Health Care Transformation and Quality Improvement Program Medicaid Section 1115 Waiver (the "Waiver") provided opportunities for communities with access to financial resources to improve health care services in their counties and reimburse hospitals for previously unreimbursed uncompensated care provided to uninsured and Medicaid patients;

WHEREAS, Hays County has committed financial resources for the last 3 years to help its local safety-net hospitals reclaim its federal tax dollars via the Waiver;

WHEREAS, despite Hays County’s participation in the Waiver program, local safety-net hospitalsremain exposed to significant burdens from unreimbursed uncompensated care;

WHEREAS, there remains a significant gap between annual uncompensated care totals and the amount of funding Hays County is able to annually commit through intergovernmental transfers for the Waiver;

WHEREAS, certain similarly situated counties in south Texas were able to use a local providerparticipation fund, authorized by Chapter 288 of the Health & Safety Code as amended in 2013, in order to create financial resources by imposing a mandatory payment on hospitals in those counties;

WHEREAS, requiring mandatory payments would not impose any additional burdens on Hays County taxpayers; and

NOW, THEREFORE, BE IT RESOLVED THAT:

1) the Commissioners Court of Hays County hereby declares its support of legislation that would allow Hays County authority to create a local provider participation fund to benefit Hays County hospitals; and

2) the Commissioners Court of Hays County specifically supports the draft bill attached hereto as Attachment “A,” which it believes will achieve the above-stated concerns by providing more opportunity for the safety-net hospitals within Hays County to receive supplemental uncompensated care payments via the Waiver.

ADOPTED THIS the 24th DAY OF March, 2014.

_____________________________________Judge Bert Cobb, M.D.Hays County Judge

_________________________________ ____________________________________Debbie Gonzales Ingalsbe, Precinct 1 Mark Jones, Precinct 2

__________________________________ ___________________________________Will Conley, Precinct 3 Ray Whisenant, Precinct 4

Attest:

_________________________________Liz Gonzalez, County Clerk

132

Attachment “A”

By: __________________ __.B. No. _____

A BILL TO BE ENTITLED

AN ACT

relating to the creation and operations of health care provider participation programs in certain counties.

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

SECTION 1. Subtitle D, Title 4, Health and Safety Code, is amended by adding Chapter 292 to read as

follows:

CHAPTER 292. COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM IN CERTAIN COUNTIES BORDERING

THE HOME COUNTY OF THE TEXAS STATE CAPITOL WITH A POPULATION OF MORE THAN 100,000 AND LESS

THAN 200,000 ACCORDING TO THE 2010 UNITED STATES CENSUS.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 292.001. DEFINITIONS. In this chapter:

(1) "Institutional health care provider" means a nonpublic hospital licensed under Chapter 241.

(2) "Paying hospital" means an institutional health care provider required to make a mandatory

payment under this chapter.

(3) "Program" means the county health care provider participation program authorized by this

chapter.

Sec. 292.002. APPLICABILITY. This chapter applies only to a county that:

(1) is not served by a hospital district or a public hospital; and

(2) Borders the home county of the Texas state capitol; and

(3) has a population of more than 100,000 and less than 200,000 according to the 2010 U.S.

Census;

Sec. 292.003. COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM; PARTICIPATION IN

PROGRAM. (a) A county health care provider participation program authorizes a county to collect a mandatory

payment from each institutional health care provider located in the county to be deposited in a local provider

133

participation fund established by the county. Money in the fund may be used by the county to fund certain

intergovernmental transfers and indigent care programs as provided by this chapter.

(b) The commissioners court may adopt an order authorizing a county to participate in the program,

subject to the limitations provided by this chapter.

SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONERS COURT

Sec. 292.051. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY PAYMENT. The commissioners

court of a county may require a mandatory payment authorized under this chapter by an institutional health

care provider in the county only in the manner provided by this chapter.

Sec. 292.052. MAJORITY VOTE REQUIRED. The commissioners court of a county may not authorize the

county to collect a mandatory payment authorized under this chapter without an affirmative vote of a majority

of the members of the commissioners court.

Sec. 292.053. RULES AND PROCEDURES. After the commissioners court has voted to require a

mandatory payment authorized under this chapter, the commissioners court may adopt rules relating to the

administration of the mandatory payment.

Sec. 292.054. INSTITUTIONAL HEALTH CARE PROVIDER REPORTING; INSPECTION OF RECORDS. (a) The

commissioners court of a county that collects a mandatory payment authorized under this chapter shall require

each institutional health care provider to submit to the county a copy of any financial and utilization data

required by and reported to the Department of State Health Services under Sections 311.032 and 311.033 and

any rules adopted by the executive commissioner of the Health and Human Services Commission to implement

those sections.

(b) The commissioners court of a county that collects a mandatory payment authorized under this

chapter may inspect the records of an institutional health care provider to the extent necessary to ensure

compliance with the requirements of Subsection (a).

SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS

Sec. 292.101. HEARING. (a) Each year, the commissioners court of a county that collects a mandatory

payment authorized under this chapter shall hold a public hearing on the amounts of any mandatory payments

that the commissioners court intends to require during the year and how the revenue derived from those

payments is to be spent.

134

(b) Not later than the 10th day before the date of the hearing required under Subsection (a), the

commissioners court of the county shall publish notice of the hearing in a newspaper of general circulation in

the county.

(c) A representative of a paying hospital is entitled to appear at the time and place designated in the

public notice and to be heard regarding any matter related to the mandatory payments authorized under this

chapter.

Sec. 292.102. DEPOSITORY. (a) The commissioners court of each county that collects a mandatory

payment authorized under this chapter by resolution shall designate one or more banks located in the county as

the depository for mandatory payments received by the county. A bank designated as a depository serves for

two years or until a successor is designated.

(b) All income received by a county under this chapter, including the revenue from mandatory

payments remaining after discounts and fees for assessing and collecting the payments are deducted, shall be

deposited with the county depository in the county's local provider participation fund and may be withdrawn

only as provided by this chapter.

(c) All funds under this chapter shall be secured in the manner provided for securing county funds.

Sec. 292.103. LOCAL PROVIDER PARTICIPATION FUND; AUTHORIZED USES OF MONEY. (a) Each county

that collects a mandatory payment authorized under this chapter shall create a local provider participation fund.

(b) The local provider participation fund of a county consists of:

(1) all revenue received by the county attributable to mandatory payments authorized under

this chapter, including any penalties and interest attributable to delinquent payments;

(2) money received from the Health and Human Services Commission as a refund of an

intergovernmental transfer from the county to the state for the purpose of providing the nonfederal share of

Medicaid supplemental payment program payments, provided that the intergovernmental transfer does not

receive a federal matching payment; and

(3) the earnings of the fund.

(c) Money deposited to the local provider participation fund may be used only to:

(1) fund intergovernmental transfers from the county to the state to provide the nonfederal

share of a Medicaid supplemental payment program authorized under the state Medicaid plan, the Texas

Healthcare Transformation and Quality Improvement Program waiver issued under Section 1115 of the federal

135

Social Security Act (42 U.S.C. Section 1315), or a successor waiver program authorizing similar Medicaid

supplemental payment programs;

(2) subsidize indigent programs;

(3) pay the administrative expenses of the county solely for activities under this chapter;

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

(5) refund to paying hospitals the proportionate share of money received by the county from

the Health and Human Services Commission that is not used to fund the nonfederal share of Medicaid

supplemental payment program payments.

(d) Money in the local provider participation fund may not be commingled with other county funds.

(e) An intergovernmental transfer of funds described by Subsection (c)(1) and any funds received by the

county as a result of an intergovernmental transfer described by that subsection may not be used by the county

or any other entity to expand Medicaid eligibility under the Patient Protection and Affordable Care Act (Pub. L.

No. 111-148) as amended by the Health Care and Education Reconciliation Act of 2010 (Pub. L. No. 111-152).

SUBCHAPTER D. MANDATORY PAYMENTS

Sec. 292.151. MANDATORY PAYMENTS BASED ON PAYING HOSPITAL NET PATIENT REVENUE. (a)

Except as provided by Subsection (e), the commissioners court of a county that collects a mandatory payment

authorized under this chapter may require an annual mandatory payment to be assessed quarterly on the net

patient revenue of each institutional health care provider located in the county. In the first year in which the

mandatory payment is required, the mandatory payment is assessed on the net patient revenue of an

institutional health care provider as determined by the data reported to the Department of State Health

Services under Sections 311.032 and 311.033 in the fiscal year ending in 2014. The county shall update the

amount of the mandatory payment on an annual basis.

(b) The amount of a mandatory payment authorized under this chapter must be uniformly

proportionate with the amount of net patient revenue generated by each paying hospital in the county. A

mandatory payment authorized under this chapter may not hold harmless any institutional health care provider,

as required under 42 U.S.C. Section 1396b(w).

(c) The commissioners court of a county that collects a mandatory payment authorized under this

chapter shall set the amount of the mandatory payment. The amount of the mandatory payment required of

each paying hospital may not exceed an amount that, when added to the amount of the mandatory payments

136

required from all other paying hospitals in the county, equals an amount of revenue that exceeds six percent of

the aggregate net patient revenue of all paying hospitals in the county.

(d) Subject to the maximum amount prescribed by Subsection (c), the commissioners court of a county

that collects a mandatory payment authorized under this chapter shall set the mandatory payments in amounts

that in the aggregate will generate sufficient revenue to cover the administrative expenses of the county for

activities under this chapter, to fund the nonfederal share of a Medicaid supplemental payment program, and to

pay for indigent programs, except that the amount of revenue from mandatory payments used for

administrative expenses of the county for activities under this chapter in a year may not exceed the lesser of

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

(e) A paying hospital may not add a mandatory payment required under this section as a surcharge to a

patient.

Sec. 292.152. ASSESSMENT AND COLLECTION OF MANDATORY PAYMENTS. (a) Except as provided by

Subsection (b), the county tax assessor-collector shall collect the mandatory payment authorized under this

chapter. The county tax assessor-collector shall charge and deduct from mandatory payments collected for the

county a fee for collecting the mandatory payment in an amount determined by the commissioners court of the

county, not to exceed the county tax assessor-collector's usual and customary charges.

(b) If determined by the commissioners court to be appropriate, the commissioners court may contract

for the assessment and collection of mandatory payments in the manner provided by Title 1, Tax Code, for the

assessment and collection of ad valorem taxes.

(c) Revenue from a fee charged by a county tax assessor-collector for collecting the mandatory payment

shall be deposited in the county general fund and, if appropriate, shall be reported as fees of the county tax

assessor-collector.

Sec. 292.153. INTEREST, PENALTIES, AND DISCOUNTS. Interest, penalties, and discounts on mandatory

payments required under this chapter are governed by the law applicable to county ad valorem taxes.

Sec. 292.154. PURPOSE; CORRECTION OF INVALID PROVISION OR PROCEDURE. (a) The purpose of this

chapter is to generate revenue by collecting from institutional health care providers a mandatory payment to be

used to provide the nonfederal share of a Medicaid supplemental payment program.

(b) To the extent any provision or procedure under this chapter causes a mandatory payment

authorized under this chapter to be ineligible for federal matching funds, the county may provide by rule for an

alternative provision or procedure that conforms to the requirements of the federal Centers for Medicare and

Medicaid Services.

137

SECTION 2. If before implementing any provision of this Act a state agency determines that a waiver or

authorization from a federal agency is necessary for implementation of that provision, the agency affected by

the provision shall request the waiver or authorization and may delay implementing that provision until the

waiver or authorization is granted.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members

elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the

vote necessary for immediate effect, this Act takes effect September 1, 2015.

138




AGENDA ITEM

Discussion and possible Resolution Expressing Support of Hays County for Legislation related to Goforth Special Utility District.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Conley CONLEY N/A

SUMMARY 25B51B77B103B129B155B181B207B233BSee attached Resolution and Legislation.

139

Resolution of the Hays County Commissioners Court RegardingLegislation Related to Goforth Special Utility District

WHEREAS, Goforth Special Utility District (“Goforth Water”) recently executed a contract (the “Contract”) with Electro Purification, LLC, a private for-profit entity (“E.P.”), for the provision of groundwater from the Trinity Aquifer in Hays County, Texas;

WHEREAS, the Contract provides that Goforth Water will utilize its eminent domain authority to acquire easements from landowners within Hays County to allow E.P. to construct a water pipeline extending from western Hays County to eastern Hays County;

WHEREAS, the Contract provides that Goforth will, after utilizing eminent domain to acquire utility easements, surrender use of that easement to E.P. for its water pipeline;

WHEREAS, the Contract does not limit E.P. to delivery of groundwater to Goforth Water only, but allows E.P. to serve its own private for-profit interests by delivering groundwater to other customers, whether public or private;

WHEREAS, after the Supreme Court of the United States decided Kelo v. City of New London, 545 U.S. 469 (2005), the Texas Legislature responded by passing Senate Bill 18 (2011)(“SB18”) which greatly modified use of eminent domain by governmental and quasi-governmental entities in Texas;

WHEREAS, among the modifications presented by SB18, Chapter 2206 of the Texas Government Code (“TGC 2206”) was amended to require “a public use” of the property being taken by use of eminent domain;

WHEREAS, in her Kelo dissent, Justice O’Connor argued that to allow private benefits to be tenuously weighed with incidental public benefits is to “wash out any distinction between private and public use of property” (See Kelo at 494);

WHEREAS, Goforth Water’s apparent willingness to abuse the “public use” requirements of TGC 2206 is further aggravated by the fact that E.P.’s use of the easements would confer “a private benefit on a particular private party through use of the property,” which also arguably violates TGC 2206;

WHEREAS, Representative Isaac has filed HB 3407 and Senator Campbell has filed SB 1634, which are sister Bills tailored to prevent the abuse of eminent domain authority by Goforth Water, while respecting Goforth Water’s need for this authority within its service area; and

WHEREAS, HB 3407 and SB1634 would serve to protect the interests of the citizens of Hays County;

NOW, THEREFORE, BE IT RESOLVED that the Hays County Commissioners Court hereby supports HB 3407 and SB 1634, which are attached hereto as Exhibits “A” and “B,” respectively.

ADOPTED THIS the 24th DAY OF March, 2014.

_____________________________________Judge Bert Cobb, M.D.Hays County Judge

_________________________________ ____________________________________Debbie Gonzales Ingalsbe, Precinct 1 Mark Jones, Precinct 2

__________________________________ ___________________________________Will Conley, Precinct 3 Ray Whisenant, Precinct 4

Attest:

_________________________________Liz Gonzalez, County Clerk

140

Attachment “A”

By: Isaac H.B. No. 3407


AN ACT

relating to the Goforth Special Utility District.


SECTION 1. Subchapter C, Chapter 7212, Special District Local Laws Code, is amended by adding

Sections 7212.103 and 7212.104 to read as follows:

Sec. 7212.103. LIMITATION ON EMINENT DOMAIN POWER. The district may not exercise the power of

eminent domain in a geographic area outside the boundaries and service area of the district.

Sec. 7212.104. PROHIBITION ON CONSTRUCTION OF CERTAIN WATER TRANSPORTATION SYSTEMS. The

district may not construct a water transportation system designed in whole or in part to transport more than

1,000 gallons of groundwater per day if the transportation system in whole or in part is constructed or to be

constructed on a right of way obtained in whole or in part:

(1) by exercising the power of eminent domain; or

(2) from a state or local governmental entity or a quasi-governmental entity.




141

Attachment “B”

By: Campbell S.B. No. 1634


AN ACT

relating to the Goforth Special Utility District.


SECTION 1. Subchapter C, Chapter 7212, Special District Local Laws Code, is amended by adding

Sections 7212.103 and 7212.104 to read as follows:

Sec. 7212.103. LIMITATION ON EMINENT DOMAIN POWER. The district may not exercise the power of

eminent domain in a geographic area outside the boundaries and service area of the district.

Sec. 7212.104. PROHIBITION ON CONSTRUCTION OF CERTAIN WATER TRANSPORTATION SYSTEMS.

The district may not construct a water transportation system designed in whole or in part to transport more

than 1,000 gallons of groundwater per day if the transportation system in whole or in part is constructed or to

be constructed on a right of way obtained in whole or in part:

(1) by exercising the power of eminent domain; or

(2) from a state or local governmental entity or a quasi-governmental entity.




142




AGENDA ITEM

Discussion and possible Resolution expressing support of Hays County for legislative approval of funding for a new Engineering and Science Facility and the Multifunctional Materials Innovation Institute at Texas State University.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



CONLEY N/A

SUMMARY 24B52B80B108B136B164B192B220B248BA major new facility is needed at Texas State to house the expanding enrollment in the Engineering, Materials Science and Biology programs. 25B53B81B109B137B165B193B221B249BThe proposed Multi-functional Materials Innovation Institute (M2i2) will be composed of a unique set of highly sought after facilities and capabilities establishing Central Texas as a magnet for the location of new companies from outside the region. 26B54B82B110B138B166B194B222B250BFunding the M2i2 will have an immediate and fundamental impact on Texas State University's contribution to the economic growth of the Central Texas region. M2i2 will launch Texas State University onto the world stage to benefit the region, state, and nation. 27B55B83B111B139B167B195B223B251BSee attached resolution.

143

RESOLUTION IN SUPPORT OF LEGISLATIVE APPROVAL FORTHE FUNDING OF A NEW ENGINEERING AND SCIENCE FACILITY AND THE MULTIFUNCTIONAL MATERIALS

INNVOATION INSTITUTE AT TEXAS STATE UNIVERSITY

WHEREAS, Texas State University has submitted a Legislative Appropriations Request for FY 2016-2017 which includes funding for a new Engineering and Science Facility and the Multifunctional Materials Innovation Institute; and

WHEREAS, Texas State University, “The Rising Star of Texas,” is the State’s newest Emerging Research University, the 33rd largest university in the country, and the fifth largest university in Texas; and

WHEREAS, Texas State University initiatives in Engineering and Science, including the STAR Park incubation programs, are vital to job creation in Hays County; and

WHEREAS, the new Engineering and Science Facility and Multifunctional Materials Innovation Institute will provide an immediate impact on the economic growth of hays County;

NOW, THEREFORE, BE IT RESOLVED that the Commissioners Court of Hays Countysupports Texas State University’s Legislative Appropriations Request for a new Engineering and Science Facility and the Multifunctional Materials Innovation Institute.

PASSED AND APPROVED THIS 24th DAY OF MARCH, 2015




ATTEST:


144




AGENDA ITEM

Discussion and possible Resolution expressing support of Hays County for legislation creating a local option for an ad valorem tax exemption of the portion of a person's appraised property value attributable to a rainwater harvesting system.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



CONLEY N/A

SUMMARY 24B49B74B99B124B149B174B199B224BThe resolution and bill as filed are attached.

145

RESOLUTION IN SUPPORT OF LEGISLATION PROVIDING TAX EXEMPTIONSFOR RAINWATER HARVESTING SYSTEMS

WHEREAS, Hays County highly values water use efficiency and strongly encourages water conservation; and

WHEREAS, “rainwater harvesting” (the collection, storage, treatment, and use of rainwater for beneficial purposes) helps to conserve our essential drinking water supplies and reduce demand on our water sources; and

WHEREAS, the construction of rainwater harvesting systems require large investments; and

WHEREAS, though many jurisdictions offer rebate programs in order to encourage the use of rainwater harvesting, the value of these rebates is often less than the increase in taxes associated with the taxable property value of the rainwater harvesting system; and

WHEREAS, House Bill 1193, filed during the 84th Texas Legislative Session, provides a local option for a governing body to exempt from taxation the portion of the appraised value of property that is attributable to the installation on the property of a rainwater harvesting system;

NOW, THEREFORE, BE IT RESOLVED that the Commissioners Court of Hays Countysupports House Bill 1193 as filed and attached as Exhibit ‘A’.

PASSED AND APPROVED THIS 24th DAY OF MARCH, 2015




ATTEST:


146

By:AAIsaac H.B.ANo.A1193


AN ACT

relating to a local option exemption from ad valorem taxation of the

portion of the appraised value of a person ’s property that is

attributable to the installation on the property of a rainwater

harvesting system.


SECTIONA1.AASubchapter B, Chapter 11, Tax Code, is amended by

adding Section 11.325 to read as follows:

Sec.A11.325.AARAINWATER HARVESTING SYSTEMS. The governing

body of a taxing unit by official action of the governing body

adopted in the manner required by law for official actions may

exempt from taxation the portion of the appraised value of property

that is attributable to the installation on the property of a

rainwater harvesting system.

SECTIONA2.AAThis Act applies only to ad valorem taxes imposed

for a tax year beginning on or after the effective date of this Act.

SECTIONA3.AAThis Act takes effect January 1, 2016.

1

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84R6428 SMH-D 1

Exhibit A

147




AGENDA ITEM

Executive Session pursuant to Sections 551.071 and 551.087 of the Texas Government Code: consultation with counsel and deliberation regarding economic development negotiations associated with Projects Humpty Dumpty, Ollie and Power Chip. Possible action may follow in open court.


EXECUTIVE SESSION March 24, 2015

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Cobb COBB N/A

SUMMARY 25B51B77B103B129B155B181B207B233BSummary to be provided in Executive Session.

148




AGENDA ITEM

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


EXECUTIVE SESSION March 24, 2015 N/A

LINE ITEM NUMBER N/A

AUDITOR USE ONLY

AUDITOR COMMENTS:



Mark Kennedy COBB N/A

SUMMARY 27B55B83B111B139B167B195B223B251BLitigation update to be provided in Executive Session.

149