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Commissioners Court October 13, 2020

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 13th day of October 2020, 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

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.

PRESENTATIONS & PROCLAMATIONS

1 Update from the County Judge and staff regarding the Local Disaster Declaration and COVID-19. Possible discussion and action may follow. BECERRA

2 Update on the October meeting of the Hill Country Mental Health Developmental Disabilities Board by Charlie Campise. BECERRA/VILLALOBOS

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

A Commissioner, the County Judge, or a Citizen may request items be pulled for separate discussion and/or action.

3 Approve payments of County invoices. VILLARREAL-ALONZO

4 Approve the payment of United Healthcare claims. VILLARREAL-ALONZO

5 Approve Commissioners Court Minutes of September 29, 2020. BECERRA/CARDENAS

6 Approve the payment of the October 15, 2020 payroll disbursements in an amount not to exceed $2,992,000.00 effective October 15, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. BECERRA/RICHEY

7 Approve the reappointment of Julia Ramsay New and Michael Floreani for Emergency Services District #7, term ending December 31, 2022. SHELL

8 Authorize the Office of Emergency Services to utilize CARES funding for needed Message Boards and Radio equipment. BECERRA/JONES

9 Authorize payment to Pollock in the amount of $591.70 in which no purchase order was issued as required per County Purchasing Policy. INGALSBE/LITTLEJOHN

10 Authorize On-Site Sewage Facility Permit for a duplex located at 2320 S Old Stagecoach Rd, Kyle TX 78640. SMITH/STRICKLAND

11 Approve Utility Permits. SMITH/BECERRA

12

Authorize the County Judge to execute the 3rd Letter Amendment for a time extension to a Professional Services Agreement (PSA) between Hays County and Lockwood, Andrews and Newman, Inc. executed on or about October 31, 2017 for Right of Way Service for Dacy Lane, Phase II from Amberwood Loop to Hillside Terrace, road widening and realignment project. INGALSBE/JONES/BORCHERDING

13

Authorize the execution of the FY 2021 Grant Agreement with the U.S. Department of Justice, Drug Enforcement Administration for overtime reimbursements related to the Sheriff's Office Organized Crime Drug Enforcement Task Force (OCDETF) and amend the budget accordingly. INGALSBE/CUTLER

14 Authorize the execution of an interlocal agreement with Travis County for the FY 2021 Sheriff's Combined Auto Theft Task Force (SCATTF) grant award in the amount of $74,460.00. INGALSBE/CUTLER

15 Authorize the County Judge to execute Social Service Agency Contracts as approved in the FY 2021 budget. BECERRA

DRAFT

16

Authorize the County Judge to execute an annual renewal contract between the Hays County Information Technology Department and Beyond Trust (Bomgar) in the amount of $7,575.17 for the continued access of remote support for countywide end users and Tyler Technologies software upgrades. BECERRA/MCGILL

17 Authorize the County Judge to execute a resolution certifying that the County has approved a $13,000 grant for FY 2021 to Combined Community Action, an organization that provides home delivered meals to homebound persons in the county that are elderly or have a disability. INGALSBE

18 Authorize On-Site Sewage Facility Permit for a warehouse with two small one-bedroom apartments located at 1020 Pier Branch Rd, Dripping Springs TX 78620. SMITH/STRICKLAND

19 Accept a $16,745 contribution on behalf of the Hays County Child Protective Board (HCCPB) and amend the budget accordingly. INGALSBE

20 Authorize the submission of a complete application to the Texas Water Development Board, Flood Infrastructure Fund for the Onion Creek Watershed Study: Floodplain and Mapping. JONES/SMITH/CRUMLEY/STRICKLAND

ACTION ITEMS

ROADS

21 Discussion and possible action to approve an Interlocal Agreement for the Texas Department of Transportation to perform material inspection and testing services and authorize the County Judge to execute the Advance Funding Agreement on behalf of Hays County. SHELL/BORCHERDING

22

Discussion and possible action to authorize the County Judge to execute an Advance Funding Commitment Agreement (AFCA) between Hays County and HM Parten Ranch Development, Inc. to facilitate the construction of a segment of roadway on Kinnikinik Loop in Precinct 4. SMITH/BORCHERDING

23 Discussion and possible action to consider the release of the revegetation bond #PB030168000375 in the amount of $17,066.00 for Parten Ranch subdivision, Phase 2. SMITH/BORCHERDING

MISCELLANEOUS

24 Discussion and possible action of the county procurement process. BECERRA

25 Discussion and possible action to authorize the execution of Amendment No. 1 to a contract with the Department of State Health Services (DSHS) for the Tuberculosis Prevention and Control-Federal Grant Program (TB/PC-Federal) in the amount of $22,297. INGALSBE/T.CRUMLEY

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.

26 Executive Session pursuant to Sections 551.071 and 551.087 of the Texas Government Code: consultation with counsel and deliberation regarding economic development negotiations associated with Project Recoil. Possible discussion and/or action may follow in open Court. SHELL

27 Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code: consultation with counsel and deliberation regarding the purchase, exchange or value of Right of Way along proposed FM110 in Pct 1. Possible action to follow in open court. INGALSBE

STANDING AGENDA ITEMS The Commissioners Court utilizes Standing Agenda Items to address issues that are frequently or periodically discussed in court. This section allows the Court to open

the item when a need for discussion arises.

28 Discussion and possible action related to the burn ban and/or disaster declaration. BECERRA

29 Discussion related to the Hays County inmate population, to include current population counts and costs. BECERRA

30 Discussion of issues related to the Hays County Census program including updates from Jessica Mejia. BECERRA

31 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. INGALSBE/CUTLER

32 Discussion of issues related to Electro Purification including updates on the filed application. Possible action may follow. SHELL

ADJOURNMENT

DRAFT

Posted by 5:00 o'clock P.M. on the 9th

day of October, 2020

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.

DRAFT

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

Update from the County Judge and staff regarding the Local Disaster Declaration and COVID-19. Possible discussion and action may follow.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

PROCLAMATIONS/PRESENTATIONS October 13, 2020

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR

BECERRA N/A

SUMMARY

Information will be presented during Court.

DRAFT




AGENDA ITEM

Update on the October meeting of the Hill Country Mental Health Developmental Disabilities Board by Charlie Campise.


PROCLAMATIONS/PRESENTATIONS October 13, 2020

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



VILLALOBOS

BECERRA N/A

SUMMARY

Charlie Campise, Hays County representative on the Hill Country Mental Health Developmental Disabilities Board, will give an update on the mental health developmental disabilities meeting held on October 2020.

DRAFT




AGENDA ITEM

Approve payment of County invoices.


CONSENT October 13, 2020

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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


Auditor’s Office VILLARREAL-ALONZO N/A

SUMMARY

DRAFT




AGENDA ITEM

Approve the payment of United Healthcare claims.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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


Auditor’s Office VILLARREAL-ALONZO N/A

SUMMARY

DRAFT




AGENDA ITEM

Approve Commissioners Court Minutes of September 29, 2020.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



CARDENAS

BECERRA N/A

SUMMARY

DRAFT

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 29, 2020

STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 29th DAY OF SEPTEMBER A.D., 2020, IN THE HAYS COUNTY COURTHOUSE, 111 E. SAN ANTONIO ST., SUITE 301, SAN MARCOS, TEXAS, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:

RUBEN BECERRA COUNTY JUDGE DEBBIE GONZALES INGALSBE COMMISSIONER, PCT. 1

MARK JONES COMMISSIONER, PCT. 2 LON A. SHELL COMMISSIONER, PCT. 3

WALT SMITH COMMISSIONER, PCT. 4 ELAINE H. CÁRDENAS COUNTY CLERK

Clerk’s Note: For complete transcript go to Hays County Website https://hayscountytx.com/commissioners-court/court-video/ Transcript can be translated into any language through Google.com. THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Pastor Josh Murrillo, San Marcos Seventh-day Adventist Church, gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS Brittany Castano made public comment regarding funding the police and victim notification. Dan Lyon made public comment regarding the Sheriff’s office purchases. Rodrigo Amaya made public comments regarding police funding and the Office of General Counsel. Kelly Puryear made public comment regarding funding for law enforcement. Linda Freeman made public comments regarding court decorum and previous public comments.Elaine H. Cárdenas, County Clerk, read aloud the following public comments that were emailed to the court. Sherry Huffman made comment against defunding law enforcement. UPDATE FROM THE COUNTY JUDGE AND STAFF REGARDING THE LOCAL DISASTER DECLARATION AND COVID-19. POSSIBLE DISCUSSION AND ACTION MAY FOLLOW.

Alex Villalobos, Chief of Staff and Emergency Management Coordinator, announced testing locations and times. Tammy Crumley, Director of County Wide Operations, announced the tests that will be provided are curative test. These tests are preformed using a cheek swab. Results for the test are expected to be a 24-hourturnaround time. Positive results will be reported by the county. No action was taken. 35666 ADOPT A PROCLAMATION DECLARING OCTOBER 2020 AS HILL

COUNTRY NIGHT SKY MONTH. Commissioner Shell stated that Wimberley Valley and Dripping Springs are designated Dark Sky communities.He called on Louis Parks to speak for the members of the Wimberley Valley Dark Sky community. Louis Parks thanked the court and announced upcoming events. Commissioner Smith noted a possible amendment to state statute that will allow counties to designate dark sky counties. He stated he would be in support of that initiative. A motion was made by Commissioner Shell, seconded by Commissioner Smith to adopt a Proclamation declaring October 2020 as Hill Country Night Sky Month. All present voted “Aye.” MOTION PASSED. 35667 ADOPT A PROCLAMATION DECLARING OCTOBER 2020 AS

MANUFACTURING MONTH. Barbara Thompson of the Greater San Marcos Partnership also affiliated with the Greater San Marcos Manufacturing Association, thanked the court for the proclamation. She announced a website that will go live Friday that includes information for students to view manufacturing careers. Jason Giulietti of the Greater San Marcos Partnership also thanked the court for this proclamation. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to adopt a Proclamation declaring October 2020 as Manufacturing Month. All present voted “Aye.” MOTION PASSED.

DRAFT


***** ***** SEPTEMBER 29, 2020 UPDATE ON THE SEPTEMBER MEETING OF THE HILL COUNTRY MENTAL HEALTH DEVELOPMENTAL DISABILITIES BOARD BY CHARLIE CAMPISE. Charlie Campise gave an update to the court regarding the September meeting of the Hill Country Mental Health Developmental Disabilities Board. He stated during the meeting a bonus package for employees was approved, the Executive Director announced his resignation at the end of this year, and financial reports were given. Charlie Campise noted that the number of clients has increased during this time. No action was taken. 35668 APPROVE PAYMENTS OF COUNTY INVOICES. A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve payments of County invoices. All present voted “Aye.” MOTION PASSED. 35669 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS. A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve the payment of United Healthcare claims. All present voted “Aye.” MOTION PASSED. 35670 APPROVE COMMISSIONERS COURT MINUTES OF SEPTEMBER 22, 2020. A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve Commissioners Court Minutes of September 22, 2020. All present voted “Aye.” MOTION PASSED. 35671 APPROVE THE PAYMENT OF THE SEPTEMBER 30, 2020 PAYROLL

DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $3,910,000.00 EFFECTIVE SEPTEMBER 30, 2020 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED.

A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve the payment of the September 30, 2020 payroll disbursements in an amount not to exceed $3,910,000.00 effective September 30, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED. 35672 AUTHORIZE THE ACCEPTANCE OF A GRANT AWARD FROM THE TEXAS

DIVISION OF EMERGENCY MANAGEMENT (TDEM) FOR THE FY2020 EMERGENCY MANAGEMENT PERFORMANCE GRANTS (EMPG) IN THE AMOUNT OF $40,565.36.

A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the acceptance of a grant award from the Texas Division of Emergency Management (TDEM) for the FY2020 Emergency Management Performance Grants (EMPG) in the amount of $40,565.36. All present voted “Aye.” MOTION PASSED. 35673 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR TWO 2

BEDROOM/2 BATH HOUSES AT 500 HARMON HILLS COVE, DRIPPING SPRINGS TX 78620.

A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize On-Site Sewage Facility Permit for two 2 bedroom/2 bath houses at 500 Harmon Hills Cove, Dripping Springs TX 78620. All present voted “Aye.” MOTION PASSED. 35674 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN ANNUAL RENEWAL

CONTRACT BETWEEN THE HAYS COUNTY PARKS DEPARTMENT/COUNTYWIDE OPERATIONS AND CHECKFRONT IN THE AMOUNT OF $7,999 FOR THE CONTINUED ACCESS OF THE ONLINE RESERVATION SYSTEM.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the County Judge to execute an annual renewal contract between the Hays County Parks Department/Countywide Operations and Checkfront in the amount of $7,999 for the continued access of the online reservation system. All present voted “Aye.” MOTION PASSED.

DRAFT


***** ***** SEPTEMBER 29, 2020 35675 AUTHORIZE THE RENEWAL OF A MEMORANDUM OF UNDERSTANDING

(MOU) BETWEEN THE HAYS COUNTY LOCAL HEALTH DEPARTMENT (LHD) AND THE DEPARTMENT OF STATE HEALTH SERVICES (DSHS) FOR THE TEXAS SYNDROMIC SURVEILLANCE (TXS2).

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the renewal of a Memorandum of Understanding (MOU) between the Hays County Local Health Department (LHD) and the Department of State Health Services (DSHS) for the Texas Syndromic Surveillance (TXS2). All present voted “Aye.” MOTION PASSED. 35676 AUTHORIZE THE SUBMISSION OF AN INTENT TO APPLY TO THE TEXAS

WATER DEVELOPMENT BOARD, FLOOD INFRASTRUCTURE FUND FOR THE ONION CREEK WATERSHED STUDY: FLOODPLAIN AND MAPPING.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the submission of an Intent to Apply to the Texas Water Development Board, Flood Infrastructure Fund for the Onion Creek Watershed Study: Floodplain and Mapping. All present voted “Aye.” MOTION PASSED. 35677 APPROVE UTILITY PERMITS. A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve Utility Permits. All present voted “Aye.” MOTION PASSED. 35678 RATIFY THE PURCHASE OF A $2,966.57 REPLACEMENT WATER

HEATER FOR THE JUVENILE DETENTION CENTER AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to ratify the purchase of a $2,966.57 replacement Water Heater for the Juvenile Detention Center and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 35679 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR THE AGAVE

RESTAURANT AT 3201 FM 3237, WIMBERLEY, TEXAS 78676. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for the Agave Restaurant at 3201 FM 3237, Wimberley, Texas 78676. All present voted “Aye.” MOTION PASSED. 35680 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 9 - 5000 SQUARE

FOOT OFFICE/WAREHOUSE BUILDINGS LOCATED AT 30305 RANCH ROAD 12, DRIPPING SPRINGS, TEXAS 78620.

A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for 9 - 5000 square foot office/warehouse buildings located at 30305 Ranch Road 12, Dripping Springs, Texas 78620. All present voted “Aye.” MOTION PASSED. 35681 AUTHORIZE THE COMMISSIONER PCT. 4 OFFICE TO SUPPORT THE

DRIPPING SPRINGS EDUCATION FOUNDATION RELATED TO A MENTAL HEALTH SERVICES INITIATIVE FOR STUDENTS AND FAMILIES WITHIN THE COMMUNITY.

Commissioner Smith stated this initiative will benefit many people. He noted mental health issues are difficult for people to recognize since it is not physically visible. Commissioner Smith stated he would use his community outreach funds for these services. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the Commissioner Pct. 4 Office to support the Dripping Springs Education Foundation related to a Mental Health Services Initiative for students and families within the community. All present voted “Aye.” MOTION PASSED.

DRAFT


***** ***** SEPTEMBER 29, 2020 35682 AUTHORIZE THE COUNTY JUDGE TO SUPPORT THE HOMELESS

OUTREACH, MITIGATION, AND EMERGENCY (H.O.M.E.) CENTER OF CENTRAL TEXAS RELATED TO PREVENTION AND EDUCATION TO ADDRESS HOMELESSNESS WITHIN OUR COMMUNITY.

Tegan Debrock, Vice President of H.O.M.E. Center of Central Texas, spoke to the court about homelessness awareness. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the County Judge to support the Homeless Outreach, Mitigation, and Emergency (H.O.M.E.) Center of Central Texas related to prevention and education to address homelessness within our community. All present voted “Aye.” MOTION PASSED. 35683 APPROVE REVISIONS TO ELECTION JUDGES AND ALTERNATE JUDGES,

EARLY VOTING BALLOT BOARD AND SIGNATURE VERIFICATION APPOINTEES TO SERVE FOR TWO YEAR TERMS.

Commissioner Smith announced the additional names for the appointees. A motion was made by Commissioner Smith, seconded by Commissioner Shell to approve revisions to Election Judges and Alternate Judges, Early Voting Ballot Board and Signature Verification appointees to serve for two-yearterms. All present voted “Aye.” MOTION PASSED.

35684 APPROVE THE RELEASE OF THE MAINTENANCE BOND #1045271 IN THE AMOUNT OF $352,823.51 AND ACCEPTANCE OF THE PAVEMENT REPAIRS COMPLETED ON THE ROADS WITHIN CROSSWINDS SUBDIVISION, PHASE 1, SECTION 1.

Commissioner Ingalsbe noted staff recommendation to release the bond and accept the repairs. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve the release of the maintenance bond #1045271 in the amount of $352,823.51 and acceptance of the pavement repairs completed on the roads within Crosswinds subdivision, Phase 1, Section 1. All present voted “Aye.” MOTION PASSED. 35685 APPROVE THE RELEASE OF THE REVEGETATION BOND #58S212707 IN

THE AMOUNT OF $74,567.50 FOR CROSSWINDS SUBDIVISION, PHASE 2. Commissioner Ingalsbe noted staff recommendation for this item. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve the release of the revegetation bond #58S212707 in the amount of $74,567.50 for Crosswinds subdivision, Phase 2. All present voted “Aye.” MOTION PASSED. 35686 ACCEPT THE MAINTENANCE BOND RIDER EXTENSION #1848963 UNTIL

DECEMBER 31, 2020 FOR SHADOW CREEK SUBD., PHASE 9, SECTION 2. Commissioner Jones noted staff recommendation for this item. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept the maintenance bond rider extension #1848963 until December 31, 2020 for Shadow Creek Subd., Phase 9, Section 2. All present voted “Aye.” MOTION PASSED. 35687 ACCEPT THE MAINTENANCE BOND RIDER EXTENSION #1060751 UNTIL

DECEMBER 31, 2020 FOR SUNFIELD SUBD., PHASE 2, SECTION 11. Commissioner Jones noted staff approval for the acceptance of this bond. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept the maintenance bond rider extension #1060751 until December 31, 2020 for Sunfield Subd., Phase 2, Section 11. All present voted “Aye.” MOTION PASSED. 35688 ACCEPT THE MAINTENANCE BOND RIDER EXTENSION #1060750 UNTIL

DECEMBER 31, 2020 FOR SUNFIELD SUBD., PHASE 2, SECTION 8. Commissioner Jones noted staff approval for the acceptance of this bond. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept the maintenance bond rider extension #1060750 until December 31, 2020 for Sunfield Subd., Phase 2, Section 8. All present voted “Aye.” MOTION PASSED.

DRAFT


***** ***** SEPTEMBER 29, 2020 35689 AUTHORIZE THE COUNTY JUDGE TO EXECUTE SUPPLEMENTAL

AGREEMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND LOCKWOOD, ANDREWS & NEWMAN, INC. FOR RIGHT OF WAY SERVICES ON THE FM 110 PROJECT IN HAYS COUNTY, INCREASING THE COMPENSATION CAP FROM $178,150.00. TO $188,150.00.

Commissioner Ingalsbe noted the additional cost will cover the completion of this project. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute Supplemental Agreement No. 3 to the Professional Services Agreement between Hays County and Lockwood, Andrews & Newman, Inc. for Right of Way services on the FM 110 project in Hays County, increasing the Compensation Cap from $178,150.00. to $188,150.00. All present voted “Aye.” MOTION PASSED. 35690 APPROVE THE FINAL PLAT FOR EL MILAGRO, LOT 1 SUBDIVISION; PLN-

1501-NP. Commissioner Smith noted staff recommendation for this final plat. A motion was made by Commissioner Smith, seconded by Commissioner Shell to approve the final plat for El Milagro, Lot 1 Subdivision; PLN-1501-NP. All present voted “Aye.” MOTION PASSED. 35691 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN AMENDED

CONTRACT WITH PREMIER ER AND URGENT CARE FOR SARS-COV-2 COVID-19 TESTS.

Commissioner Ingalsbe stated this amendment is necessary to include these particular tests that are listed. Tammy Crumley, Director of Countywide Operations, stated these are screening tests for the use of the jail and the juvenile detention facility. These screenings will allow the facilities to free up space at a faster rate. Amotion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute an Amended contract with Premier ER and Urgent Care for SARS-CoV-2COVID-19 tests. All present voted “Aye.” MOTION PASSED. 35692 UPDATE THE 10 YEAR ADMINISTRATIVE VARIANCE TO PLATTING

PROCEDURES PROCESS THAT WAS ORIGINALLY IMPLEMENTED JULY 1ST, 1997.

Caitlyn Strickland, Director of Development Services, spoke to the court about the previously approved platting process. At this time the court decided to leave the 10-year cycle in place. A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to update the 10 Year Administrative Variance to platting procedures process that was originally implemented July 1st, 1997. All present voted “Aye.” MOTION PASSED. 35693 ACCEPT A $289,075 GRANT AWARD FROM THE CENTER FOR

TECHNOLOGY AND CIVIC LIFE (CTCL) FOR THE ELECTIONS ADMINISTRATION OFFICE AND AMEND THE FY21 BUDGET ACCORDINGLY.

Commissioner Smith congratulated the Elections Office on their grant award. A motion was made by Commissioner Smith, seconded by Commissioner Jones to accept a $289,075 grant award from the Center for Technology and Civic Life (CTCL) for the Elections Administration Office and amend the FY21 budget accordingly. All present voted “Aye.” MOTION PASSED. 35694 EXECUTE AMENDMENT NO. 6 WITH WELLPATH, LLC TO ADD

ADDITIONAL RN AND ADMINISTRATIVE SERVICES RELATED TO THE HEALTHCARE PROGRAM AT THE JAIL DIVISION; AND AUTHORIZE A DISCRETIONARY EXEMPTION PURSUANT TO LOCAL GOVERNMENT CODE, CH. 262.024(A)(4).

Mark Kennedy, Office of General Counsel, noted the exemptions cover professional services. Commissioner Smith noted the increase was accounted for during the budget discussions for FY2021. A motion was made by Commissioner Jones, seconded by Commissioner Smith to execute Amendment No. 6 with Wellpath,LLC to add additional RN and Administrative services related to the healthcare program at the Jail Division; and authorize a discretionary exemption pursuant to Local Government Code, Ch. 262.024(a)(4). All present voted “Aye.” MOTION PASSED.

DRAFT


***** ***** SEPTEMBER 29, 2020 35695 AUTHORIZE THE SHERIFF'S OFFICE TO UTILIZE SALARY SAVINGS TO

PAY DOWN VACATION ACCRUALS FOR FOUR CIVILIAN POSITIONS WITHIN THE EMERGENCY COMMUNICATIONS DIVISION.

Captain Mark Cumberland requested the court pay down vacation accrued by four civilian positions.Commissioner Ingalsbe noted this type of request has come up from other offices previously. She suggested extending the vacation time. Commissioner Smith stated he is in support of paying down the vacation with the expectation that this will not be requested again next year. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the Sheriff's Office to utilize salary savings to pay down vacation accruals for four civilian positions within the Emergency Communications Division. All present voted “Aye.” MOTION PASSED. 35696 ADOPT A RESOLUTION DESIGNATING SPECIALIZED PUBLIC FINANCE

INC. AS THE SUCCESSOR DISSEMINATION AGENT FOR THE CONTINUING DISCLOSURE AGREEMENTS RELATING TO THE HAYS COUNTY, TEXAS SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2015 (LA CIMA PUBLIC IMPROVEMENT DISTRICT MAJOR PUBLIC IMPROVEMENT PROJECT).

Julie Houston, Bond counsel, spoke regarding the county’s bond options. Commissioner Shell noted this change is paid for by the developer and owners through the PID bond, so there is no cost to the county. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to adopt a resolution designating Specialized Public Finance Inc. as the successor dissemination agent for the continuing disclosure agreements relating to the Hays County, Texas Special Assessment Revenue Bonds, Series 2015 (La Cima Public Improvement District Major Public Improvement Project). All present voted “Aye.” MOTION PASSED. 35697 ADOPT A RESOLUTION APPROVING THE FORM AND AUTHORIZING THE

DISTRIBUTION OF A PRELIMINARY LIMITED OFFERING MEMORANDUM FOR HAYS COUNTY, TEXAS SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2020 (LA CIMA PUBLIC IMPROVEMENT DISTRICT NEIGHBORHOOD IMPROVEMENT AREAS #1-2 PROJECT).

Commissioner Shell requested the team ensure the developer has performed as necessary in order to take the next steps. Julie Houston, Bond counsel, stated certificates have been issued stating requirements have been met. She stated she would send that information to Jordan Powell, Office of General Counsel. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to adopt a resolution approving the form and authorizing the distribution of a preliminary limited offering memorandum for Hays County, Texas Special Assessment Revenue Bonds, Series 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project). All present voted “Aye.” MOTION PASSED. 35698 AUTHORIZE THE CONSTABLE PCT. 3 OFFICE TO HIRE ONE TEMPORARY

EMPLOYEE ON AN AS NEEDED BASIS FOR ADMINISTRATIVE ASSISTANCE EFFECTIVE OCTOBER 1ST FOR A PERIOD NOT TO EXCEED TWELVE WEEKS.

Interim Constable Don Montague, Precinct 3, requested a temporary employee to cover the Justice Clerk while she is on an extended leave. He stated there is an employee in mind to cover this position. Marisol Villarreal-Alonzo, Auditor, stated this position would be covered by salary savings. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the Constable Pct. 3 Office to hire one temporary employee on an as needed basis for Administrative assistance effective October 1st for a period not to exceed twelve weeks. All present voted “Aye.” MOTION PASSED. 35699 AUTHORIZE THE HAYS COUNTY HEALTH DEPARTMENT TO PROVIDE

FLU VACCINES TO COUNTY EMPLOYEES AND THEIR ELIGIBLE DEPENDENTS ENROLLED IN THE COUNTY HEALTH PLAN.

Eric Schneider, Medical Epidemiologist for Hays County Health Department, stated that everyone needs a flu shot as soon as they are available. Commissioner Ingalsbe thanked everyone involved in getting this item on the agenda and getting employees vaccinated. Judge Becerra requested Kim Hilsenbeck, Communications Manager, and Tammy Crumley, Director of Countywide Operations, put together information for the public regarding access to flu shots. Shari Miller, Human Resources Director, stated open enrollment for county employees will be different this year due to COVID-19 and social distancing. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the Hays County Health Department to provide flu vaccines to county employees and their eligible dependents enrolled in the county health plan. All present voted “Aye.” MOTION PASSED.

DRAFT


***** ***** SEPTEMBER 29, 2020 35700 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A COLLECTIVE

BARGAINING AGREEMENT BETWEEN HAYS COUNTY AND HAYS COUNTY LAW ENFORCEMENT AGENCY (HCLEA), THE HAYS COUNTY SHERIFF'S OFFICE, AND ALL HAYS COUNTY CONSTABLES. THE COURT MAY ENTER EXECUTIVE SESSION TO CONSULT WITH COUNSEL ON THIS ITEM.

Mark Kennedy, Office of General Counsel, gave the court an update of the changes that were made.Commissioner Ingalsbe and Commissioner Shell stated they were honored to work on this team. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute a Collective Bargaining Agreement between Hays County and Hays County Law Enforcement Agency (HCLEA), the Hays County Sheriff's Office, and all Hays County Constables. All present voted “Aye.” MOTION PASSED. Clerk’s Note: Executive Session began at 9:57 a.m. and resumed back into open court at 10:40 a.m. EXECUTIVE SESSION PURSUANT TO SECTION 551.071 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING LA CIMA PUBLIC IMPROVEMENT DISTRICT. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

No action was taken. 35701 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF

THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS IN THE HAYS COUNTY DEVELOPMENT SERVICES DEPARTMENT. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to ratify the planner slot 1166-001 within the Development Services department to be corrected to a Grade 113 at the 21st

percentile effective April 1, 2019. All present voted “Aye.” MOTION PASSED.

Clerk’s Note Agenda Item #42 RE: DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION. – WAS PULLED. DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS. Judge Becerra read the Sheriff’s update of the inmate population. The estimated cost for outsourcing was $56,301.00 for the week of September 20 – September 26, 2020. The number of outsourced males were 157 inmates and females were 1 inmate. No action was taken.

Clerk’s Note Agenda Item #42 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY CENSUS PROGRAM INCLUDING UPDATES FROM JESSICA MEJIA. – WAS PULLED. Clerk’s Note Agenda Item #43 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #44 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. ADJOURNMENT

A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at11:56 a.m.

DRAFT


***** ***** SEPTEMBER 29, 2020 I, ELAINE H. CÁRDENAS, COUNTY CLERK and EXOFFICIO CLERK OF THE COMMISSIONERS’ COURT, do hereby certify that the foregoing contains a true and accurate record of the proceedings had by the Hays County Commissioners’ Court on September 29, 2020. ELAINE H. CÁRDENAS, COUNTY CLERK AND EXOFFICIO

CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS

DRAFT




AGENDA ITEM

Approve the payment of the October 15, 2020 payroll disbursements in an amount not to exceed $2,992,000.00 effective October 15, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized.



N/A

LINE ITEM NUMBER

N/A

AUDITOR USE ONLY

AUDITOR COMMENTS:



Britney Richey, Hays County Treasurer

BECERRA N/A

SUMMARY

Approve the October midmonth payroll disbursements not to exceed $2,992,000.00.

DRAFT




AGENDA ITEM

Approve the reappointment of Julia Ramsay New and Michael Floreani for Emergency Services District #7, term ending December 31, 2022.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Lon Shell SHELL N/A

SUMMARY

Julia Ramsay New and Michael Floreani have agreed to serve a two-year term beginning January 1, 2021. Term ending December 31, 2022

DRAFT




AGENDA ITEM

Authorize the Office of Emergency Services to utilize CARES funding for needed Message Boards and Radio equipment.



220,358.10

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Mike Jones

BECERRA N/A

SUMMARY

Message Boards will be used for communication for COVID testing and potentially vaccination centers in Hays County. ONE (1) NEW SOLAR TECH MODEL MB-1548 SOLAR POWERED MESSAGE BOARD WITH 126"X76" FULL MATRIX DISPLAY BOARD AND ALL OTHER STANDARD EQUIPMENT.- 2 x $17,450.00 = $34,900.00T FREIGHT FROM MANUFACTURER 2 x $750.00 = $1,500.00 BuyBoard # 597-19 Line Item 48 Total Message Board: $36,400.00 Radios P5300 and M5300 radios are at end of life. Hays County began ordering those models in 2008. 700 P25 radio equipment can be programmed to provide more interoperability with area agencies, and also has certain state-wide interop groups. Hays County has already put in 700 P25 channels to improve communications on P25 equipment in the Hays County service area Purchase radios (mobile) for Office of Emergency Services/Fire Marshal as existing radios will not be supported mid year 2021. XG-100M 700/800/VHF Dual Control Head - (1) for Command Truck XG-100M 700/800/VHF Mobile - (4) XG-25M 700/800 Mobile - (6) Total - 11 - $58,700.00 Purchase radios (portable) for Office of Emergency Services/Fire Marshal as existing radios will not be supported mid year 2021. XL-200P Handheld 700/800/VHF Radio - $5179.35 x 7 =$36,255.45 XG-25P 700/800 MHz Radio - $2,342.1750 x 38 = $89,002.65 Total Radio cost: $183,958.1

DRAFT

QuotationDate

8/24/2020

QUOTE #

9815

Customer

HAYS COUNTY

P.O. No. Terms

NET 30

Rep

TH

FOB

DELIVERED

Accepted By Signature & Date:

Phone #

512-442-2371

Fax #

512-442-3051

Web Site

www.ctegroup.net

Total

Subtotal

Sales Tax (0.0%)

Item DescriptionQty U/M Cost Total

MB1548 ONE (1) NEW SOLAR TECH MODEL MB-1548 SOLAR POWEREDMESSAGE BOARD WITH 126"X76" FULL MATRIX DISPLAY BOARDAND ALL OTHER STANDARD EQUIPMENT.

2 17,450.00 34,900.00T

Freight FREIGHT FROM MANUFACTURER2 750.00 1,500.00T

PRICING PER BUYBOARD CONTRACT 597-19 LINE ITEM 48

LEAD TIME IS 2-3 WEEKS AFTER RECEIPT OF ORDER.

By purchasing the equipment through a Cash Purchase, or Purchase by Security Agreement, orCharge to Open Account, the Customer hereby agrees that said purchase is being made byCustomer according to the payment terms noted above. This sales order when accepted in writing by Customer shall become a binding contract, and allpayments due hereunder shall be payable to Company by Customer at Company's principal placeof business in Pflugerville, Travis County, Texas. All payments due hereunder shall bearinterest from the date of maturity until paid at the highest legal contract rate of interest (perannum) permissable in the State of Texas.

$36,400.00

$36,400.00

$0.00

DRAFT

Radio Type/Installation Info/Accy Cost/Unit Qty. Ext. Cost

XG‐25 Mobile $4,258.26 6 $25,549.56

700/800 MHz P25

Scan, Remote Mount

Single Control Head

Antenna

Coax

Crimp

Faceplate

Speaker Pigtail

Split Radio into Two Piece Unit

Install Radio

Unity XG‐100M Mobile $6,408.68 4 $25,634.72

700/800/VHF P25

System, Remote Mount

Single Control Head

Sharkee Antenna System

Antenna

Coax

Crimp

Faceplate

Install Radio

Install Antenna System

Unity XG‐100M Mobile (Command) $7,515.72 1 $7,515.72

System, Remote Mount

Dual Control Head

Sharkee Antenna System

Coax

Crimp

Faceplate

Install Radio

Install Dual Control Head

Install Antenna System

Total 11 radios, installation and prep

labor & installation materials $58,700.00

Hay County Office Of Emergency Services‐Mobile Radio Worksheet

DRAFT




AGENDA ITEM

Authorize payment to Pollock in the amount of $591.70 in which no purchase order was issued as required per County Purchasing Policy.



N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Brett Littlejohn

INGALSBE N/A

SUMMARY

Attachment: Pollock Invoice #9007217861

DRAFT




AGENDA ITEM

Authorize On-Site Sewage Facility Permit for a duplex located at 2320 S Old Stagecoach Rd, Kyle TX 78640.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Caitlyn Strickland, Director of Development Services

SMITH N/A

SUMMARY

Calvin and Jane Kirkham are proposing an OSSF to serve a new duplex. This 52-acre tract of land will be served by a private well. The system designer, Christine Nixon, P.E. has designed a proprietary treatment system with flow equalization. After treatment, the effluent will be dispersed via surface application for a maximum daily rate of 360 gallons.

DRAFT




AGENDA ITEM

Approve Utility Permits.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding

SMITH BECERRA

SUMMARY

Permit #: Road Name: Utility Company: Type: TRN-2020-3879-UTL Trail Driver (Big Country subd) West Travis County PUA (Water) Bore under road

DRAFT

UTILITY PERMIT APPROVAL LETTER

** Notification must be given IN WRITING at least 24 hours before work begins and proper traffic control must be implemented throughout the work zone. **

The utility company or any of its representatives, engineers, contractors, or authorized agents agree to use Best Management Practices to minimize erosion and sedimentation resulting from the proposed installation AND will insure that traffic control measures complying with applicable portions of the Texas Manual of Uniform Traffic Control Devices will be installed and maintained during installation.

General Special Provisions:1. Construction of this line will begin on or after 8/31/2020 .

Utility Company Information:Name: WTCPUAAddress: TXPhone: 5129212566Contact Name: Joey Sifuentes

Engineer / Contractor Information:Name: WTCPUAAddress: 13215 Bee Cave Parkway Bee Cave TX 78738Phone: 5129137683Contact Name: Reuben Ramirez

Hays County Information:Utility Permit Number: TRN-2020-3879-UTLType of Utility Service: Water TapProject Description: Road Name(s): 13401 Trail Driver St., , , , , , , Subdivision: Commissioner Precinct:

Signature DateTitle

Operations Superintendent 10/06/2020

What type of cut(s) will you be using ?

Boring Trenching Overhead N/AX

Authorization by Hays County Transportation DepartmentThe above-mentioned permit was approved in Hays County Commissioners Court on .

Hays County Transportation Department2171 Yarrington Rd, Suite 200, Kyle Texas 78640(P) 512-393-7385 (Web) www.hayscountytx.com

DRAFT

http://www.hayscountytx.com/




AGENDA ITEM

Authorize the County Judge to execute the 3rd Letter Amendment for a time extension to a Professional Services Agreement (PSA) between Hays County and Lockwood, Andrews and Newman, Inc. executed on or about October 31, 2017 for Right of Way Service for Dacy Lane, Phase II from Amberwood Loop to Hillside Terrace, road widening and realignment project.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



BORCHERDING

INGALSBE JONES

SUMMARY

This letter is extending the duration of the project by one year. No additional funds are being requested.

DRAFT

THIRD AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

This Third Amendment (“Amendment No. 3”) to the Professional Services Agreement dated October 31, 2017 is made this ____day of ___________, 2020 by and between Hays County, a political subdivision of the State of Texas (hereinafter referred to as “County") and Lockwood, Andrews & Newnam, Inc. (hereinafter referred to as “Contractor”). The above-cited parties are collectively referred to as “the parties to this Agreement” or “the parties.” Section 4. Duration of the Agreement shall be amended to reflect:

The parties agree that the Work shall be completed by October 31, 2021 (hereinafter referred to as the “Completion Date”). In the event that Contractor is unable to complete the Work by the Completion Date, Contractor shall request an extension of the Completion Date in writing no later than fifteen (15) business days prior to completion date. The County may grant such extensions of the Completion Date for all reasonable extension requests and shall do so in writing. EXCEPT FOR THE ABOVE MODIFICATIONS, ALL OTHER TERMS AND CONDITIONS OF THE AGREEMENT SHALL REMAIN UNCHANGED, UNLESS PROPERLY MODIFIED BY SUBSEQUENT AMENDMENT UNDER THE TERMS OF THE AGREEMENT. This Third Amendment to the Professional Services Agreement is hereby executed this the ____day of

October, 2020, as is evidenced by the authorized signatures of the Parties, below.

LOCKWOOD, ANDREWS & NEWNAM, INC. HAYS COUNTY

CONTRACTOR

______________________________________ ___________________________________

PHIL MEADERS HAYS COUNTY, TEXAS

VICE PRESIDENT RUBEN BECERRA

HAYS COUNTY JUDGE

ATTEST: ________________________________

ELAINE CARDENAS, MBA PhD

HAYS COUNTY CLERK

DRAFT




AGENDA ITEM

Authorize the execution of the FY 2021 Grant Agreement with the U.S. Department of Justice, Drug Enforcement Administration for overtime reimbursements related to the Sheriff's Office Organized Crime Drug Enforcement Task Force (OCDETF) and amend the budget accordingly.



None

LINE ITEM NUMBER

001-618-99-069

AUDITOR USE ONLY

AUDITOR COMMENTS:



Sheriff Gary Cutler

INGALSBE N/A

SUMMARY

The Sheriff's Office has received additional funding from the Drug Enforcement Administration to offset overtime costs for the detective assigned to the OCDETF Program, specifically Operation Brow Beater, Operation Glass Joe and Operation Roasted Gold. No county match is required. Attachment: OCDETF SW-TXW-0896 OCDETF SW-TXW-0929 OCDETF SW-TXW-0935 Budget Amendment Increase Intergovernmental Revenue .4301 - $10,000.00 Increase Overtime Compensation .5302 - $10,000.00 DRAFT

ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCESFY 20 Agreement

FOR THE USE OF THE STATE OR LOCAL OVERTIME AND AUTHORIZED EXPENSE/STRATEGIC INITIATIVE PROGRAM

DC#:

Amount Requested:

Number of Officers Listed:

OCDETF Investigation / StrategicInitiative Number:

OperationName:

From: Federal Agency Investigations:

To: Beginning Date of Agreement Number:

Ending Date of Agreement

State or Local Organization Name:

Narcotics Supervisor:

Telephone Number:

E-mail Address:

Sponsoring Federal Agency Group/Squad Supervisor:

Sponsoring Federal Agency(ies): Telephone Number:

E-mail Address:

Please provide the name, telephone number, and for the financialstaff person at the State or Local Organization, who is directly responsible for the billing on the Reimbursement Request:

Name: __________________________________________

Telephone Number: _______________________________

E-mail Address: __________________________________

Agreement (FY ), Page

#:Federal Tax Identification #:

097494884

74-6002241

$ 2,000.001

TXW-0896

Brow Beater

October 1, 2020

September 30, 2021M8-19-0006

Lt Michael Briggs

(512) 757-1497

[email protected]

Hays County Sheriff's Office

Vickie Dorsett1307 Uhland RoadSan Marcos, Texas 78666

Drug Enforcement Administration (DEA)

GS Dwayne T. Crawley

(512) 344-4900

[email protected]

Vickie Dorsett

(512) 393-2275

[email protected]

✔✔

78759

DRAFT


FOR THE USE OF THE STATE OR LOCAL OVERTIME AND AUTHORIZED EXPENSE/STRATEGIC INITIATIVE


M8-19-0006 $ 2,000.00

✔ ✔

Hays County Sheriff's Office supplies investigative support and surveillance units for thewiretap investigations. They also provide manpower support for the monitoring of thewire intercepts, surveillance and take-downs in addition to preparation for trial.

$ 56.29 71.00 $ 0.00DRAFT

This Agreement is between the above named State or Local Law Enforcement Organization and the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. This Agreement shall be effective when signed by an authorized State or Local Organization official, the sponsoring Federal Agency Special Agent-In-Charge, the sponsoring Agency Regional OCDETF Coordinator, the Assistant United States Attorney Regional OCDETF Director, and the OCDETF Executive Office.

It is agreed that the State or Local Law Enforcement officers named on thisAgreement will assist in OCDETF Investigations, Strategic Initiatives andprosecutions as set forth in the Organized Crime Drug Enforcement Task Forces Stateor Local Overtime and Authorized Expense/Strategic Initiative Programs, Policiesand Procedures Manual, Fiscal Year 20 .

No individual Agreement with a State or Local organization may exceed $25,000,and the cumulative amount of OCDETF State and Local overtime monies that may beexpended on a single OCDETF Investigation or Strategic Initiative in a single fiscalyear may not exceed $50,000 without express prior approval from the OCDETFExecutive Office. The OCDETF Executive Office will entertain requests to exceedthese funding levels in particular cases. Please submit a written request includingjustification approved by the AUSA Regional Director to the OCDETF BudgetOfficer/Deputy Budget Officer when seeking to exceed the above stated fundinglevels.

Each Reimbursable Agreement will be allowed no more than six (6) modificationsper year. In addition, if the funds for a particular Agreement are completelydeobligated with the intention of closing that Agreement, it will not count as amodification for purposes of this policy. These amendments must be transmitted by amemorandum approved and signed by the AUSA Regional OCDETF Director ordesignee for the region and sent to the OCDETF Executive Office.

If an Agreement does not have any activity during the last ninety (90) days, the fundsshall automatically be deobligated. The OCDETF Executive Office will assist withthe monitoring of the aging Agreements. Further, if a State or Local Organizationindicates that it is no longer performing work under a particular Agreement, the Stateor Local Overtime and Authorized Expense/Strategic Initiative Programs, Policiesand Procedures Manual requires that a modification memorandum identifying theamount to be deobligated be submitted to the OCDETF Executive Office as soon aspossible after determining that no work is being performed.

The State or Local Law Enforcement Organization agrees to provide experienceddrug Law Enforcement officers who are identified in this Agreement to work on thespecified OCDETF Investigation or Strategic Initiative. Any change in LawEnforcement officers assigned must be agreed to by all approving officials.


DRAFT

Officers who are not deputized shall possess no Law Enforcement authority otherthan that conferred by virtue of their position as a commissioned officer of theirparent Agency.

Officers who are deputized may possess Federal Law Enforcement authority asspecified by the Agency affording the deputation.

Any State or Local officers assigned to an OCDETF Investigation or StrategicInitiative in accordance with this Agreement are not considered Federal employeesand do not take on the benefits of Federal employment by virtue of their participationin the Investigation or Strategic Initiative.

OCDETF and the sponsoring Federal Law Enforcement Agency(ies) for theapproved OCDETF Investigation or Strategic Initiative will provide to the assignedState or Local officers the clerical, operational and administrative support that ismutually agreed to by the parties in this Agreement.

Officers assigned to OCDETF Investigations or Strategic Initiatives should workfull-time on the Investigation(s) or Strategic Initiative(s) in order to be paidovertime. In order to satisfy the “full-time” expectation, a Law Enforcementofficer should work forty (40) hours per week or eight (8) hours per day on asingle or multiple OCDETF Investigation(s) or Strategic Initiative(s). Anyestablished exceptions or waivers to this definition shall be requested by theRegional Coordination Group and attached as Addendum A to theAgreement. [The parent State or Local Organization must pay the base salary of itsofficers. In the event officers must work overtime on an OCDETFInvestigation or Strategic Initiative, the OCDETF Program will reimburse theparent State or Local Law Enforcement Organization for a limited amount of thoseovertime costs.] The Organization is responsible for paying its Law Enforcementofficer(s) for their overtime, travel and per diem expenses. To ensure proper andcomplete utilization of OCDETF overtime and expense allocations, reimbursementclaims must be submitted monthly on the OCDETF Reimbursement Request Form.The OCDETF Executive Office may refuse payment on any reimbursement requestthat is not submitted to the OCDETF Regional Coordination Group within thirty (30)days of the close of the month in which the overtime was worked.

It is the responsibility of the State or Local Organization to retain and have availablefor inspection sufficient supporting documentation for all regular hours and overtimehours worked towards a specific OCDETF case. Officers’ timesheets must reflectwork towards a specific OCDETF case and must be reviewed and signed by anauthorized State or Local official.

Analysis of reimbursement claims by the Regional Coordination Group may result ina modification of the obligation of funds contained within this Agreement as well asthe time period covered. The Organization affected by any such modification willreceive a memo notifying them of the changes.


DRAFT

13. Overtime payments, including all other non-OCDETF Federal sources (such as SafeStreets, HIDTA, IRS, ICE, FEMA, etc.) may not, on an annual per person basis,exceed 25% of the current approved Federal salary rate in effect at the time theovertime is performed. The State or Local Organization is responsible for ensuringthat this annual payment is not exceeded. The Executive Assistant/OCDETFProgram Specialist will monitor these payments via MIS and communicate to theFederal Agency Regional OCDETF Coordinators who provide status updates to anyofficer approaching the threshold.

14. The overtime log must be attached to the reimbursement request when submitting themonthly invoices. The Sponsoring Federal Agency Supervisory Special Agent andthe State or Local official authorized to approve the Reimbursement Request mustcertify that only authorized expenses are claimed, the regular hours requirement issatisfied, and that overtime has not exceeded 25% of the current Federal salary ratein effect at the time the overtime was worked.

15. Under no circumstances will the State or Local Organization charge any indirectcosts for the administration or implementation of this Agreement.

16. The State or Local Organization shall maintain complete and accurate records andaccounts of all obligations and expenditures of funds under this Agreement for aperiod of six (6) years and in accordance with generally accepted accountingprinciples to facilitate inspection and auditing of such records and accounts.

17. The State or Local Organization shall permit examination and auditing byrepresentatives of the OCDETF Program, the sponsoring Federal Agency(ies), theU.S. Department of Justice, the Comptroller General of the United States, and/or anyof their duly-authorized agents and representatives, of any and all records,documents, accounts, invoices, receipts, or expenditures relating to this Agreement.Failure to provide proper documentation will limit State or Local Law EnforcementOrganizations from receiving OCDETF funding in the future.

18. The State or Local Organization will comply with Title VI of the Civil Rights Act of1964 and all requirements applicable to OCDETF Agreements pursuant to theregulations of the Department of Justice (see, e.g., 28 C.F.R. Part 42, Subparts C andG; 28 C.F.R. 50.3 (1991)) relating to discrimination on the grounds of race, color,sex, age, national origin or handicap.

19. This Agreement may be terminated by any of the parties by written notice to theother parties ten (10) business days prior to termination. Billing for outstandingobligations shall be received by OCDETF within thirty (30) days of the notice oftermination.


DRAFT

The Debt Collection Improvement Act of 1996 requires that most payments made bythe Federal government, including vendor payments, must be made by electronicfunds transfer (EFT). In accordance with the act, all OCDETF reimbursementpayments will be issued via EFT.

In certain circumstances the OCDETF Executive Office may makeexceptions for Organizations that are unable to accept this form of payment,however, such Organizations must include written justification in the addendumof each new Agreement.

All changes made to the original Agreement must be approved by the OCDETFExecutive Office and initialed by the Executive Assistant/OCDETF ProgramSpecialist of the Regional Coordination Group making the revision. The AUSARegional OCDETF Director or designee must initial all funding changes.

The Regional Coordination Group is responsible for identifying and implementingany additional policy requirements, as needed, for its specific region. Those regionalpolicies will be documented in the Addendum B and attached to the approvedAgreement. The Organizations are agreeing to adhere to these additionalrequirements and must have written approval by the Regional Coordination Group forany exceptions to the regional policies.


DRAFT


Approved By: Authorized State or Local Official Title Date

________________________________________________________

Print Name

Approved By: Sponsoring Federal Agency Special Agent in Charge or Designee Date

________________________________________________________

Print Name

Approved By: Sponsoring Agency Regional OCDETF Coordinator Date

Approved By: Assistant United States Attorney Regional OCDETF Director Date

Funds are encumbered for the State or Local Organization overtime costs and authorizedexpense/Strategic Initiative Programs specified above. Subject to availability of funds.

Approving Official: OCDETF Executive Office Date

DRAFT

ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES

STATE OR LOCAL LAW ENFORCEMENT OFFICERSASSIGNED TO PARTICIPATE IN THE STATE AND

LOCAL OVERTIME AND AUTHORIZED EXPENSE/STRATEGIC INITIATIVE PROGRAMS

State or Local Organization:

OCDETF Investigation / Strategic Initiative Number:

The Law Enforcement officers listed below will assist with the above identified OCDETF Investigation or Strategic Initiative. Any modification of the list of Law Enforcement officers must be agreed to in writing by all of the parties to this Agreement, made a part of the Agreement, and forwarded to the OCDETF Executive Office.

NAME TITLE/RANK DOB

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.



Brow Beater / SW-TXW-0896

Kelly Woodard Detective 7/26/74

DRAFT


OCDETF Officer Form Continued



NAME TITLE/RANK DOB

11.

12.

13.

1 .

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.

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.

.

3 .

Agreement (FY21), Page 9

SW-TXW-0896


DRAFT



DC#:

Amount Requested:



OperationName:






Telephone Number:

E-mail Address:



E-mail Address:


Name: __________________________________________


E-mail Address: __________________________________



097494884

74-6002241

$ 4,000.001

TXW-0929

Glass Joe

October 1, 2020

September 30, 2021M8-20-0008

Lt Michael Briggs

(512) 757-1497

[email protected]





(512) 344-4900

[email protected]

Vickie Dorsett

(512) 393-2275

[email protected]

✔✔

78759

DRAFT




M8-20-0008 $ 4,000.00

✔ ✔ ✔ ✔

Hays County Sheriff's Office supplies investigative support and surveillance units for thewiretap investigations. They also provide manpower support for the monitoring of thewire intercepts, surveillance and take-downs.

$ 56.29 71.00 $ 0.00DRAFT








DRAFT



________________________________________________________

Print Name


________________________________________________________

Print Name





DRAFT







NAME TITLE/RANK DOB

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.



Glass Joe / SW-TXW-0929


DRAFT





NAME TITLE/RANK DOB

11.

12.

13.

1 .

1 .

1 .

1 .

1 .

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.

.

2 .

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2 .

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.

3 .


Glass Joe / SW-TXW-0929


DRAFT



DC#:

Amount Requested:



OperationName:






Telephone Number:

E-mail Address:



E-mail Address:


Name: __________________________________________


E-mail Address: __________________________________



097494884

74-6002241

$ 4,000.001

TXW-0935

Roasted Gold

October 1, 2020

September 30, 2021M8-20-0025

Lt Michael Briggs

(512) 757-1497

[email protected]





(512) 344-4900

[email protected]

Vickie Dorsett

(512) 393-2275

[email protected]

✔✔

78759

DRAFT




M8-20-0025 $ 4,000.00

✔ ✔ ✔

Hays County Sheriff's Office supplies investigative support and surveillance units for thewiretap investigations. They also provide manpower support for the monitoring of thewire intercepts, surveillance and take-downs.

$ 56.29 71.00 $ 0.00DRAFT








DRAFT



________________________________________________________

Print Name


________________________________________________________

Print Name





DRAFT







NAME TITLE/RANK DOB

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.



Roasted Gold / SW-TXW-0935


DRAFT





NAME TITLE/RANK DOB

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Roasted Gold / SW-TXW-0935


DRAFT




AGENDA ITEM

Authorize the execution of an interlocal agreement with Travis County for the FY 2021 Sheriff's Combined Auto Theft Task Force (SCATTF) grant award in the amount of $74,460.00.



N/A

LINE ITEM NUMBER

001-618-99-005

AUDITOR USE ONLY

AUDITOR COMMENTS:



Sheriff Gary Cutler

INGALSBE N/A

SUMMARY

The SCATTF is comprised of an 18-county task force formed as a regional effort to combat vehicle related criminal activity. The Task Force works with police agencies and municipalities within their respective counties to help reduce auto theft and auto burglary. The renewal grant period is September 1, 2020 through August 31, 2021 and will reimburse the base salary associated with the officer assigned to these duties. Attachment: Travis County ILA

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AGENDA ITEM

Authorize the County Judge to execute Social Service Agency Contracts as approved in the FY 2021 budget.



N/A

LINE ITEM NUMBER

001-895-98]

AUDITOR USE ONLY

AUDITOR COMMENTS:



BECERRA N/A

SUMMARY

Annual contracts that outline approved funding, services provided, and reporting requirements will be executed as approved during the FY21 budget process. Attachment: FY21 Social Service Funding

DRAFT

Account Account Description2018 Actual

Amount2019 Actual

Amount2020 Adopted

Budget2020 Amended

Budget2020 Actual

Amount 2021 Requested2021

Recommended

2021 Commissioners' Court Approved

Fund 001 - General FundDepartment 895 - Community Services

Division 98 - AgenciesCost Center 301 - Buda Public Library

5800 Grant Funding 35,000.00 35,000.00 35,000.00 35,000.00 35,000.00 70,000.00 35,000.00 35,000.00

Cost Center 301 - Buda Public Library Totals $35,000.00 $35,000.00 $35,000.00 $35,000.00 $35,000.00 $70,000.00 $35,000.00 $35,000.00

Cost Center 302 - Dripping Springs Library5800 Grant Funding 35,000.00 35,000.00 35,000.00 35,000.00 35,000.00 70,000.00 35,000.00 35,000.00

Cost Center 302 - Dripping Springs Library Totals $35,000.00 $35,000.00 $35,000.00 $35,000.00 $35,000.00 $70,000.00 $35,000.00 $35,000.00

Cost Center 303 - Kyle Community Library5800 Grant Funding 35,000.00 35,000.00 35,000.00 35,000.00 35,000.00 70,000.00 35,000.00 35,000.00

Cost Center 303 - Kyle Community Library Totals $35,000.00 $35,000.00 $35,000.00 $35,000.00 $35,000.00 $70,000.00 $35,000.00 $35,000.00

Cost Center 304 - San Marcos Public Library5800 Grant Funding 85,000.00 85,000.00 85,000.00 85,000.00 85,000.00 120,000.00 85,000.00 85,000.00

Cost Center 304 - San Marcos Public Library Totals $85,000.00 $85,000.00 $85,000.00 $85,000.00 $85,000.00 $120,000.00 $85,000.00 $85,000.00

Cost Center 305 - Wimberley Village Library5600 Project Contributions .00 .00 .00 .00 .00 100,000.00 100,000.00 100,000.00

5800 Grant Funding 35,000.00 35,000.00 35,000.00 35,000.00 35,000.00 70,000.00 35,000.00 35,000.00

Cost Center 305 - Wimberley Village Library Totals $35,000.00 $35,000.00 $35,000.00 $35,000.00 $35,000.00 $170,000.00 $135,000.00 $135,000.00

Cost Center 308 - Hays County Crimestoppers5800 Grant Funding 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00

Cost Center 308 - Hays County Crimestoppers Totals

$5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00

Cost Center 317 - Community Action5800 Grant Funding 19,000.00 19,000.00 19,000.00 19,000.00 19,000.00 19,000.00 19,000.00 19,000.00

5800_019 Grant Funding COVID-19 Relief .00 .00 .00 20,000.00 20,000.00 .00 .00 .00

Cost Center 317 - Community Action Totals $19,000.00 $19,000.00 $19,000.00 $39,000.00 $39,000.00 $19,000.00 $19,000.00 $19,000.00

Cost Center 318 - Wimberley Sr Citizens5800 Grant Funding 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00

Cost Center 318 - Wimberley Sr Citizens Totals $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00

Cost Center 319 - Greater San Marcos Sr Citizens5800 Grant Funding 3,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00

Cost Center 319 - Greater San Marcos Sr Citizens Totals

$3,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00

Cost Center 320 - Kyle Area Sr Zone5800 Grant Funding 12,000.00 12,000.00 12,000.00 12,000.00 12,000.00 15,000.00 12,000.00 12,000.00

Cost Center 320 - Kyle Area Sr Zone Totals $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $15,000.00 $12,000.00 $12,000.00

FY 2021 Social Service Funding - Commissioners Court Adopted

Budget Year 2021

2021 Commissioners'Court Approved

DRAFT


Amount2019 Actual

Amount2020 Adopted

Budget2020 Amended

Budget2020 Actual


Recommended



Division 98 - AgenciesCost Center 321 - Hill Country Sr Citizens

5800 Grant Funding 22,500.00 22,500.00 22,500.00 22,500.00 22,500.00 22,500.00 22,500.00 22,500.00

Cost Center 321 - Hill Country Sr Citizens Totals $22,500.00 $22,500.00 $22,500.00 $22,500.00 $22,500.00 $22,500.00 $22,500.00 $22,500.00

Cost Center 322 - Onion Creek Sr Citizens5800 Grant Funding 12,000.00 12,000.00 12,000.00 12,000.00 12,000.00 12,000.00 12,000.00 12,000.00

Cost Center 322 - Onion Creek Sr Citizens Totals $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00

Cost Center 323 - Combined Community Action5800 Grant Funding 13,000.00 13,000.00 13,000.00 13,000.00 13,000.00 15,000.00 13,000.00 13,000.00

Cost Center 323 - Combined Community Action Totals

$13,000.00 $13,000.00 $13,000.00 $13,000.00 $13,000.00 $15,000.00 $13,000.00 $13,000.00

Cost Center 324 - The Friends Foundation5800 Grant Funding 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 5,000.00 4,000.00 4,000.00

Cost Center 324 - The Friends Foundation Totals $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $5,000.00 $4,000.00 $4,000.00

Cost Center 326 - Hays Co Area Food Bank5800 Grant Funding 45,000.00 50,000.00 55,000.00 55,000.00 55,000.00 75,000.00 55,000.00 55,000.00

Cost Center 326 - Hays Co Area Food Bank Totals $45,000.00 $50,000.00 $55,000.00 $55,000.00 $55,000.00 $75,000.00 $55,000.00 $55,000.00

Cost Center 331 - Hays Trinity Groundwater Consrv5800 Grant Funding 50,000.00 .00 .00 .00 .00 .00 .00 .00

Cost Center 331 - Hays Trinity Groundwater Consrv Totals

$50,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Cost Center 332 - Hays Co SWCD #3515800 Grant Funding 4,500.00 4,500.00 4,500.00 4,500.00 4,500.00 7,500.00 4,500.00 4,500.00

Cost Center 332 - Hays Co SWCD #351 Totals $4,500.00 $4,500.00 $4,500.00 $4,500.00 $4,500.00 $7,500.00 $4,500.00 $4,500.00

Cost Center 338 - Hays Caldwl Alcohol & Drug Abuse5800 Grant Funding 37,500.00 37,500.00 37,500.00 37,500.00 37,500.00 40,000.00 37,500.00 37,500.00

Cost Center 338 - Hays Caldwl Alcohol & Drug Abuse Totals

$37,500.00 $37,500.00 $37,500.00 $37,500.00 $37,500.00 $40,000.00 $37,500.00 $37,500.00

Cost Center 339 - Hays-Caldwell Women's Center5600 Project Contributions .00 .00 300,000.00 300,000.00 .00 .00 .00 .00

5800 Grant Funding 70,000.00 75,000.00 80,000.00 80,000.00 80,000.00 80,000.00 80,000.00 80,000.00


Cost Center 339 - Hays-Caldwell Women's Center Totals

$70,000.00 $75,000.00 $380,000.00 $400,000.00 $100,000.00 $80,000.00 $80,000.00 $80,000.00

Cost Center 340 - Scheib Opportunity Center5800 Grant Funding 42,500.00 42,500.00 42,500.00 42,500.00 42,500.00 42,500.00 42,500.00 42,500.00


Budget Year 2021


DRAFT


Amount2019 Actual

Amount2020 Adopted

Budget2020 Amended

Budget2020 Actual


Recommended



Division 98 - AgenciesCost Center 340 - Scheib Opportunity Center

Totals$42,500.00 $42,500.00 $42,500.00 $42,500.00 $42,500.00 $42,500.00 $42,500.00 $42,500.00

Cost Center 341 - Southside Community Center5800 Grant Funding 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 30,000.00 25,000.00 25,000.00


Cost Center 341 - Southside Community Center Totals

$25,000.00 $25,000.00 $25,000.00 $45,000.00 $45,000.00 $30,000.00 $25,000.00 $25,000.00

Cost Center 342 - Village of San Marcos5600 Project Contributions 300,000.00 .00 .00 .00 .00 .00 .00 .00

Cost Center 342 - Village of San Marcos Totals $300,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Cost Center 350 - San Marcos Youth Service Bureau5800 Grant Funding 13,500.00 13,500.00 13,500.00 13,500.00 13,500.00 22,500.00 13,500.00 13,500.00

Cost Center 350 - San Marcos Youth Service Bureau Totals

$13,500.00 $13,500.00 $13,500.00 $13,500.00 $13,500.00 $22,500.00 $13,500.00 $13,500.00

Cost Center 351 - Greater SM Youth Shelter5800 Grant Funding 60,000.00 65,000.00 70,000.00 70,000.00 70,000.00 70,000.00 70,000.00 70,000.00


Cost Center 351 - Greater SM Youth Shelter Totals $60,000.00 $65,000.00 $70,000.00 $90,000.00 $90,000.00 $70,000.00 $70,000.00 $70,000.00

Cost Center 352 - CASA of Central Texas5600 Project Contributions 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 .00 .00 .00

5800 Grant Funding 35,000.00 35,000.00 40,000.00 40,000.00 40,000.00 100,000.00 40,000.00 40,000.00


Cost Center 352 - CASA of Central Texas Totals $135,000.00 $135,000.00 $140,000.00 $150,000.00 $150,000.00 $100,000.00 $40,000.00 $40,000.00

Cost Center 353 - Big Brothers and Big Sisters5800 Grant Funding 5,250.00 5,250.00 5,250.00 5,250.00 5,250.00 10,000.00 5,250.00 5,250.00

Cost Center 353 - Big Brothers and Big Sisters Totals

$5,250.00 $5,250.00 $5,250.00 $5,250.00 $5,250.00 $10,000.00 $5,250.00 $5,250.00

Cost Center 354 - Hays Co Child Protective Board5600 Project Contributions .00 150,000.00 .00 51,500.00 42,750.00 .00 .00 .00

5800 Grant Funding 90,875.00 55,000.00 55,000.00 55,000.00 55,000.00 60,000.00 55,000.00 60,000.00


Cost Center 354 - Hays Co Child Protective Board Totals

$90,875.00 $205,000.00 $55,000.00 $116,500.00 $107,750.00 $60,000.00 $55,000.00 $60,000.00

Cost Center 360 - Pet Prevent a Liter5800 Grant Funding 5,625.00 15,625.00 20,625.00 20,625.00 20,625.00 25,000.00 20,625.00 20,625.00


Budget Year 2021


DRAFT


Amount2019 Actual

Amount2020 Adopted

Budget2020 Amended

Budget2020 Actual


Recommended



Division 98 - AgenciesCost Center 360 - Pet Prevent a Liter Totals $5,625.00 $15,625.00 $20,625.00 $20,625.00 $20,625.00 $25,000.00 $20,625.00 $20,625.00

Cost Center 361 - San Marcos Animal Shelter5600 Project Contributions .00 .00 .00 150,000.00 .00 .00 150,000.00 150,000.00

Cost Center 361 - San Marcos Animal Shelter Totals

$0.00 $0.00 $0.00 $150,000.00 $0.00 $0.00 $150,000.00 $150,000.00

Cost Center 366 - Nosotros La Gente5800 Grant Funding 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00

Cost Center 366 - Nosotros La Gente Totals $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00

Cost Center 368 - Indigeneous Cultures5800 Grant Funding 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 5,000.00 1,500.00 1,500.00

Cost Center 368 - Indigeneous Cultures Totals $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $5,000.00 $1,500.00 $1,500.00

Cost Center 375 - CARTS Hays Co Transit5800 Grant Funding 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 25,000.00 20,000.00 20,000.00

Cost Center 375 - CARTS Hays Co Transit Totals $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $25,000.00 $20,000.00 $20,000.00

Cost Center 384 - Friends of Family Justice Center5600 Project Contributions .00 .00 45,000.00 45,000.00 45,000.00 .00 .00 45,000.00

5800 Grant Funding .00 .00 10,000.00 10,000.00 10,000.00 25,000.00 10,000.00 10,000.00

Cost Center 384 - Friends of Family Justice Center Totals

$0.00 $0.00 $55,000.00 $55,000.00 $55,000.00 $25,000.00 $10,000.00 $55,000.00

Cost Center 385 - Capital Idea5800 Grant Funding .00 .00 25,000.00 25,000.00 25,000.00 100,000.00 25,000.00 30,000.00

Cost Center 385 - Capital Idea Totals $0.00 $0.00 $25,000.00 $25,000.00 $25,000.00 $100,000.00 $25,000.00 $30,000.00

Division 98 - Agencies Totals $1,236,750.00 $1,026,875.00 $1,281,875.00 $1,583,375.00 $1,124,625.00 $1,330,000.00 $1,086,875.00 $1,141,875.00

Department 895 - Community Services Totals $1,236,750.00 $1,026,875.00 $1,281,875.00 $1,583,375.00 $1,124,625.00 $1,330,000.00 $1,086,875.00 $1,141,875.00

Fund 001 - General Fund Totals $1,236,750.00 $1,026,875.00 $1,281,875.00 $1,583,375.00 $1,124,625.00 $1,330,000.00 $1,086,875.00 $1,141,875.00

Net Grand Totals $1,236,750.00 $1,026,875.00 $1,281,875.00 $1,583,375.00 $1,124,625.00 $1,330,000.00 $1,086,875.00 $1,141,875.00


Budget Year 2021


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AGENDA ITEM

Authorize the County Judge to execute an annual renewal contract between the Hays County Information Technology Department and Beyond Trust (Bomgar) in the amount of $7,575.17 for the continued access of remote support for countywide end users and Tyler Technologies software upgrades.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jeff McGill

BECERRA N/A

SUMMARY

The Hays County Information Technology Department utilizes Beyond Trust (Bomgar) as remote support for Countywide end users and Tyler Technologies software upgrades. The funding for this contract renewal is outlined in the FY21 budget. Attached: Beyond Trust (Bomgar) Quote Beyond Trust (Bomgar) End User License Agreement

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BEYOND TRUST/BOMGAR:

SOFTWARE LICENSE AND SUBSCRIPTION AGREEMENT

IMPORTANT – PLEASE REVIEW CAREFULLY THE TERMS OF THIS SOFTWARE LICENSE AND SUBSCRIPTION AGREEMENT. BY CLICKING “ACCEPTED AND AGREED TO,” CUSTOMER AGREES TO THESE TERMS AND CONDITIONS.

This Software License and Subscription Agreement (this “Agreement”) is a contract between BeyondTrust Corporation, a Delaware corporation (“BeyondTrust”) and the corporation, LLC, partnership, sole proprietorship, or other business entity executing this Agreement (“Customer”). This Agreement is effective as of the Effective Date (as that term is defined on Exhibit A). Customer’s use of and BeyondTrust’s provision of the products and services described herein, defined in Exhibit A as the “Software or Other Offerings,” is governed by this Agreement.

This Agreement includes the Standard Terms and Conditions below (“Standard T’s & C’s”), Exhibit A, and any applicable Order and SOW, all of which are incorporated into this Agreement. Capitalized terms not defined in the Standard T’s & C’s are defined in Exhibit A. In the event of a conflict with the terms of Exhibit A or any Order or SOW, the Standard Terms & Conditions will govern.

STANDARD TERMS & CONDITIONS

1.1 ACCESS AND USE OF THE SOFTWARE.

(a) License. Subject to the terms and conditions of this Agreement and Customer’s payment of all applicable fees, BeyondTrust hereby grants Customer a nonexclusive, nontransferable, non-assignable, revocable, personal right and license (a “Permitted License”) in the Territory (defined below) to install and use the Software, as applicable and as specified on each Order: (i) on the number of physical and virtual machine(s) designated on the Order and located at the physical location(s), if any, designated in the Order, or (ii) on the number of Managed Computer Objects set forth in the Order; (iii) to manage the number of IP addresses indicated on the Order, (iv) on the number of Active Logins specified in the Order, (v) on the number of Active Endpoints, (vi) on the number of Managed Servers specified on the Order, (vi) on the number of Managed Devices specified on the Order, or (vii) on the number of deployed Instances, and, in all cases, to use the Documentation provided in connection with such Software. Customer’s use of the Software is limited to the number of Permitted Licenses set forth in the Order. If Customer desires to use the Software in excess of the Permitted Licenses, Customer must obtain the written consent of BeyondTrust and pay the then-current Software license Fee and transfer and/or upgrade charges.

“Territory” means worldwide unless otherwise agreed in the Order (subject always to applicable export restrictions).

(b) Cloud Services Subscription (If Applicable). For Software or Other Offerings that have a Cloud Services deployment option selected by Customer on the Order, BeyondTrust hereby

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grants Customer a subscription to access and use the Cloud Services, both for internal use and in support of Clients, consistent with the goals and requirements of such Order. Customer may access the applicable Software through Cloud Services (instead of under an on-premise deployment license) solely to facilitate the use and administration of the applicable Software.

(c) Restrictions on Software or Other Offerings. All rights to Software or Other Offerings not expressly granted under this Agreement are reserved to BeyondTrust, and no rights are granted by implication. Without limiting the generality of the foregoing, Customer shall not: (i) modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense any Software or Other Offering, including without limitation through any loan, encumbrance, or lease; (ii) access or use any Software or Other Offering or BeyondTrust’s Confidential Information to create a product or service similar to or competitive with any Software or Other Offering; (iii) time-share any Software or Other Offering or use it in a service bureau arrangement or for the benefit of any third party; (iv) permit or allow any person to remove any proprietary or other legend or restrictive notice on any Software or Other Offering or containing media; (v) permit any person to reproduce any such media or Software or Other Offering except as specifically provided in this Agreement; (vi) use the Software or Other Offerings to distribute or otherwise support any software or computer file that contains a virus, worm, Trojan horse, or other harmful component; (vii) use any Software or Other Offering for any illegal activity; (viii) use any Software or Other Offering to disrupt or interfere with any other networks, websites, or security; (ix) use any Software or Other Offering to infringe any third party’s intellectual property rights; (x) use any Software or Other Offering to distribute any libelous, harassing, defamatory, violent, illegal, vulgar, offensive, slanderous, or otherwise objectionable material of any kind; (xi) use any Software or Other Offering to gain unauthorized access to computer systems or devices; (xii) use any Software or Other Offering under false pretense to gain access to a third party’s computer, network, or information; (xiii) in any manner or under any circumstances use, copy, modify, enhance, merge, reverse engineer, reverse assemble, decompile, disassemble or in any way alter any Software or Other Offering or any copy, adaptation, transcription, or merged portion thereof or otherwise attempt to derive source code therefrom; or (xiv) disclose to any third party the results of any benchmark or other tests of any Software or Other Offering. Customer shall maintain all BeyondTrust’s copyright, trademark, and other notices on the Software, Hardware, and Documentation and shall reproduce such notices on any and all partial or full copies.

1.2 DOCUMENTATION & TEMPORARY USE SOFTWARE.

(a) Documentation. Customer may access and use Documentation solely to support use of the Software or Other Offerings as authorized in this Agreement.

(b) Beta & Evaluation Software. BeyondTrust hereby grants Customer a license to install and use Beta Software and Evaluation Software (each as defined below) during the period set forth on the applicable Order, or if none, for 30 days. Beta Software and Evaluation Software are subject to Customer’s obligations and restrictions related to Software set forth in Sections 1.1(c) (Restriction on Software or Other Offerings) and 1.3 (Software or Other Offerings in General) and elsewhere in this Agreement. CUSTOMER IS NOT REQUIRED TO

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USE BETA SOFTWARE OR EVALUATION SOFTWARE. IF CUSTOMER DOES SO, THE FOLLOWING TERMS APPLY: (i) THE BETA SOFTWARE AND EVALUATOIN SOFTWARE ARE PROVIDED “AS IS,” WITH NO PROMISE, REPRESENTATION, WARRANTY, OR INDEMNITY WHATSOEVER; (ii) BEYONDTRUST HAS NO RESPONSIBILITY OR LIABILITY ARISING OUT OF OR RELATED TO BETA SOFTWARE OR EVALUATION SOFTWARE; (iii) Customer shall reasonably answer BeyondTrust’s questions regarding use of the Beta Software; and (iv) Customer shall use Evaluation Software only for internal evaluation purposes, to decide whether to purchase rights to the underlying Software. BeyondTrust may suspend or terminate the license granted in this Subsection 1.2(b) at any time and for any reason. Customer recognizes and agrees that Beta Software or Evaluation Software may disable itself after a predefined period. (“Beta Software” refers to software so designated on the Order or provided to Customer for feedback. “Evaluation Software” refers to software so designated on the Order or provided to Customer for internal evaluation.) If Customer provides any suggestions, recommendations, ideas, or other feedback (collectively “Feedback”) to BeyondTrust regarding the Beta Software, Customer agrees that BeyondTrust may use and incorporate into the Software any Feedback that

Customer provides, and Customer shall not be entitled to any compensation. Customer hereby grants to BeyondTrust, free of charge, all rights to the Feedback. Licensor may suspend or terminate the Beta Software at any time.

1.3 SOFTWARE OR OTHER OFFERINGS IN GENERAL. Customer is responsible and liable for the acts and omissions of its Personnel and Clients related to the Software or Other Offerings. Customer’s rights to On-Premise Software are limited to object code. In its use of Cloud Services, Customer is solely responsible and liable for (1) preserving the secrecy of its usernames and passwords and (2) any activity that occurs under Customer’s account, whether authorized by Customer or not. BeyondTrust may suspend Customer’s access to Cloud Services at any time if it believes Customer (including Personnel and Clients) has breached this Agreement. Customer agrees that, to the extent that any applicable mandatory laws give it the right to perform any activity forbidden in this Agreement without BeyondTrust’s consent in order to gain certain information about a Software or Other Offering, before exercising any such rights, Customer shall request such information from BeyondTrust in a writing detailing the purpose for which Customer needs the information. Only if BeyondTrust denies Customer’s request (which it may do at its sole discretion) shall Customer exercise such statutory rights.

2. ADDITIONAL SERVICES.

2.1 SUPPORT SERVICES. BeyondTrust shall make available and Customer shall pay Fees for Support Services if stated on the Order. Support Services begin on the date BeyondTrust (i) delivers On-Premise Software to Customer, (ii) makes On-Premise Software available for download by Customer, or (iii) sends Customer a password for Cloud Services and such Support Services will end one (1) year thereafter (the “Initial Support Term”). Following the Initial Support Term, Support Services automatically renew at BeyondTrust’s thencurrent rates and terms for subsequent one (1) year periods, unless either party provides the other with notice of its intent not to renew thirty (30) or more days before expiration of the then-current period. If Customer elects not to extend Support Services and later seeks to reinstate them, Customer shall pay for all Support Services the Fees it would have paid for continuous Support Services on the Software in question, in addition to the Fees applicable for the next year. Customer shall pay

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Support Services Fees in advance of any applicable renewed term of Support Services. Upgrades provided through Support Services will become part of the Software upon installation.

2.2 PROFESSIONAL SERVICES. BeyondTrust shall provide and Customer shall pay the Fees for such professional services (“Professional Services”) as are specified in a statement of work referencing this Agreement or in an Order specifically calling for “professional services” (collectively, an “SOW”). Each SOW is subject to and incorporated into this Agreement. BeyondTrust shall use commercially reasonable efforts to meet the project schedules and times for Professional Services set forth in the SOW, and Customer shall cooperate in good faith, in a timely and professional manner, to facilitate Professional Services. Unless otherwise provided on the Order Form or agreed by the parties in writing, all Professional Services must be completed within one hundred eighty (180) days of the applicable SOW’s effective date. Unless otherwise specifically stated in the SOW, Professional Services Fees do not include expenses. Customer shall reimburse BeyondTrust’s reasonable or preapproved travel and other expenses.

2.3 E-LEARNING SERVICES. If called for in an Order, BeyondTrust shall provide e-learning related to the Software or Other Offerings that Customer receives pursuant to this Agreement, for up to one (1) year after execution of the Order, to the extent that BeyondTrust makes e-learning services available to its customers generally.

3. TITLE & IP.

3.1 OWNERSHIP IN GENERAL. Copies of the On-Premise Software created or transferred pursuant to this Agreement are licensed, not sold, and Customer receives no title to or ownership of any copy or of the On-Premise Software itself. BeyondTrust retains exclusive ownership of the Software or Other Offerings, including any media on which they are provided to Customer, except to the extent that this Agreement transfers title to Hardware. Customer receives no intellectual property license: (a) to any Software or Documentation provided through Cloud Services; or (b) to any other Software or Other Offering other than as expressly set forth in this Agreement. Customer shall not (i) make any assertion contrary to the preceding sentence, (ii) jeopardize BeyondTrust’s proprietary rights in the Software or Other Offerings, or (iii) attempt to acquire any rights to the Software or Other Offerings. Customer acknowledges that the Software and Documentation are works copyrighted under United States federal copyright law and protected by other intellectual property rights and embody valuable confidential and secret information of BeyondTrust and its third party licensors. BeyondTrust will own all rights in any copy, translation, modification, adaptation, or derivation of the Software or Other Offerings or other items of BeyondTrust Confidential Information, including any improvement or development thereof, and Customer shall execute such assignment documents as BeyondTrust reasonably requests to perfect, confirm, or transfer such ownership rights.

3.2 RIGHTS TO HARDWARE. Title to purchased Hardware (excluding software thereon and leased or evaluation Hardware) passes to Customer upon delivery and payment of the applicable Fees. For Hardware provided to Customer as part of a lease for a term or for evaluation purposes (“Temporary Hardware”), BeyondTrust retains title. Customer: (a) shall not offer or purport to sell, assign, sub-let, lend, pledge, mortgage, or otherwise part with personal possession of Temporary Hardware; (b) shall maintain Temporary Hardware in good condition, subject to reasonable wear and tear; (c) shall return all Temporary Hardware to BeyondTrust at Customer’s expense or pay the retail value for such Hardware not returned or is damaged; and (d) shall not

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conceal, alter, or make any addition or alteration to Temporary Hardware without BeyondTrust’s express written consent.

4. FEES AND PAYMENTS. Customer shall: (a) pay the Fees and other charges and expenses set forth in the Order (including any SOW); (b) make all payments within thirty (30) days of the date of each invoice, in full and without deduction or set-off; and (c) pay such reasonable extra fees as BeyondTrust may charge for credit card payments. BeyondTrust may adjust the Fees for Cloud Service and/or Support Services at the end of any Software Term by providing written notice sixty (60) or more days before the beginning of any Renewal Software Term. For amounts unpaid after the due date, Customer shall pay interest equal to the lesser of (i) 1.5% per month from the due date until paid or (ii) the highest rate allowed under applicable law. In addition, if Customer fails to pay Fees for Professional Services, Support Services, or Cloud Services, BeyondTrust may withhold such services. All Fees paid or payable to BeyondTrust are exclusive of federal, state, or local excise, sales, use, intangible, value added, or other taxes assessed or imposed with respect to the Software or Other Offerings. Customer is solely responsible for the payment of all taxes resulting from this Agreement or the use of any Software or Other Offering, including without limitation VAT, sales use, gross receipts tax, withholding taxes, and any similar tax, except taxes on BeyondTrust’s income. BeyondTrust has no obligation to provide products or services while any payment is delinquent. Unless otherwise specified in the Order or SOW, all payments shall be made in U.S. dollars, and Customer shall be responsible for all of Customer’s bank fees in transmitting payment. If Customer is tax exempt from paying sales, use, or other taxes, Customer must provide BeyondTrust with appropriate evidence of tax exemption for all relevant jurisdictions prior to invoicing.

5. TERM; TERMINATION.

5.1 TERM. This Agreement is effective on the Effective Date and continues until terminated as provided herein. No Software Term or term for Hardware, Support Services, Professional Services or E-Learning services, or other right to any product or service will continue after termination of this Agreement, including without limitation perpetual Software Terms. The initial term for the licenses and subscriptions granted herein commences on the effective date of the applicable Order and continues for the term specified in the Order, or for one (1) year if the Order is silent (“Initial Software Term”). If the Initial Software Term is not perpetual, it will renew for successive periods of one (1) year, or for such other period as is stated on the Order, (each a “Renewal Software Term”) at the end the Initial Software Term or applicable Renewal Software Term, unless either party notifies the other in writing thirty (30) or more days prior to the end of the current Initial Software Term or Renewal Software Term. The Initial Software Term and all Renewal Software Terms are collectively referred to as the “Software Term.”

5.2 TERMINATION FOR BREACH. BeyondTrust may terminate this Agreement: (a) immediately after Customer’s breach of Section 1.1 or 1.3 or infringement or misappropriation of BeyondTrust’s intellectual property rights; or (b) thirty (30) days after notice to Customer if Customer has breached any other provision of this Agreement and fails to cure such breach within such thirty (30) day period.

5.3 EFFECTS OF TERMINATION. Upon termination of this Agreement or of a Software Term or license, Customer shall cease all use of the Software in question and any related Documentation and, within 5 days, return to BeyondTrust such Software and Documentation, as

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well as any leased Hardware provided for use with such Software and any related Confidential Information, or if BeyondTrust so requests, destroy the same and certify the manner, date, and time of destruction in writing. Termination will not release Customer from payment of any amounts incurred as of the effective date of termination. The following will survive termination of this Agreement: (a) Sections 1, 3, 6, 7, 9, 10, and 11; and (b) and all other provisions which by their nature would extend beyond the term of this Agreement.

6. DISCLAIMER AND LIMITATION OF LIABILITY.

6.1 DISCLAIMER. BEYONDTRUST SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BEYONDTRUST DOES NOT WARRANT OR REPRESENT THAT: (a) THE OPERATION OF THE SOFTWARE OR OTHER OFFERINGS WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THAT THE SOFTWARE OR OTHER OFFERINGS WILL OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SERVICE; OR (c) THAT THE SOFTWARE OR OTHER OFFERINGS ARE SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION. SOFTWARE OR OTHER OFFERINGS ARE PROVIDED “AS IS,” AND BEYONDTRUST MAKES NO PROMISES, REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESSED OR IMPLIED, REGARDING THE SOFTWARE OR OTHER OFFERINGS. CUSTOMER ACKNOWLEDGES THAT THE RECORDING FEATURES OF CERTAIN SOFTWARE MAY SUBJECT CUSTOMER TO LAWS AND/OR REGULATIONS REGARDING THE RECORDING OF COMMUNICATIONS, AND CUSTOMER IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH SUCH LAWS AND/OR REGULATIONS.

6.2 LIMITATION OF DAMAGES.

(a) Excluded Damages. BEYONDTRUST WILL HAVE NO LIABILITY FOR ANY LOSS OF DATA, LOSS OF PROFITS, OR INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE OR OTHER OFFERINGS.

(b) Dollar Cap. BEYONDTRUST’S CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE OR OTHER OFFERINGS WILL NOT EXCEED THE FEES PAID BY CUSTOMER FOR THE SOFTWARE OR OTHER OFFERING GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM.

(c) Clarifications. THE LIABILITIES LIMITED BY THIS SECTION 6.2 APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii) EVEN IF BEYONDTRUST IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE;

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AND (iv) EVEN IF CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. BEYONDTRUST WILL NOT BE LIABLE FOR CLAIMS MADE MORE THAN

TWO (2) YEARS AFTER THE EVENT GIVING RISE TO THE CLAIM. If applicable law limits the application of the provisions of this Section 6.2, BeyondTrust’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, BeyondTrust’s liability limits and other rights set forth in this Section 6.2 apply likewise to BeyondTrust’s Personnel, parents, subsidiaries, other affiliates, licensors, suppliers, advertisers, agents, sponsors, directors, officers, and other representatives, as well as to Resellers.

7. INDEMNIFICATION. As used below in this Section 7: (1) “Indemnified Claim” refers to any claim listed in the first sentence of Section 7.1 or 7.2; and (2) “Associates” refers to a party’s officers, directors, shareholders, parents, subsidiaries, agents, successors, and assigns.

7.1 INDEMNITY FROM BEYONDTRUST. Provided Customer is not in breach of this Agreement,

BeyondTrust shall defend at its own expense any third party action against Customer or its Associates to the extent based on a claim that the Software or Other Offerings, as made available to Customer by BeyondTrust, directly infringes a United States registered copyright or trademark, and BeyondTrust shall pay the costs and damages finally awarded against Customer that are specifically attributable to such claim or those costs and damages agreed to in a monetary settlement of such action. Notwithstanding the foregoing, BeyondTrust has no responsibility pursuant to the preceding sentence for any Indemnified Claim arising out of or related to: (a) any modification to a Software or Other Offering; (b) compliance with Customer’s designs, specifications, or instructions; (c) use of technical information or technology provided by Customer; (d) use of a Software or Other Offering in a manner or with software or hardware prohibited or not approved by BeyondTrust; (e) use of any release of the Software other than the most current made available to Customer; (f) Customer’s breach of this Agreement; or (g) claims in which Customer or any Associate or other affiliate has a financial interest in the third party making such claims.

7.2 INDEMNITY FROM CUSTOMER. Customer shall indemnify, defend, and hold harmless

BeyondTrust and its Associates from and against any claim, suit, or proceeding arising out of, related to, or alleging: (a) any Customer conduct that would breach Section 1.1 of this Agreement; or (b) infringement of intellectual property arising out of alleged acts or omissions listed in Subsections 7.1(a) through 7.1(g) above.

7.3 PROCEDURE. The party requesting indemnification hereunder (“Indemnified Party”) shall: (a) provide the other party (“Indemnitor”) with prompt notice of the Indemnified Claim, provided failure to do so relieves Indemnitor of its obligations above only to the extent of any material prejudice; (b) permit Indemnitor to control the defense of the Indemnified Claim; and (c) provide to Indemnitor all available information and assistance reasonably necessary for the defense. Indemnified Party shall have the right, at its sole cost and expense, to participate in the defense and settlement of an Indemnified Claim with counsel of its choice.

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8. IP REMEDIES. If any Software becomes or, in BeyondTrust’s opinion, is likely to become the subject of an injunction preventing its use as contemplated herein, BeyondTrust may, at its option: (a) procure for Customer the right to continue using such Software; (b) replace or modify such Software so that it becomes noninfringing without substantially compromising its functionality; or if (a) and (b) are not commercially practical in BeyondTrust’s reasonable opinion, (c) terminate Customer’s rights to the allegedly infringing Software. In case of termination pursuant to this Section 8, BeyondTrust shall refund: (i) the license Fees paid for perpetual licenses to On-Premise Software, less depreciation at the rate of 1/3 of such license Fees per year, or, if licensed for less than one (1) year, a pro rata portion of the license Fees for that part of the year from the date of payment to the date of removal of the Software; or (ii) the prepaid and unused Fees for non-perpetual Software or Cloud Services. If BeyondTrust selects the option in Subsection 8(b) or 8(c), Customer shall immediately cease use of the allegedly infringing Software. SECTION 7 AND THIS SECTION 8 SET FORTH BEYONDTRUST’S ENTIRE OBLIGATION AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR ALLEGED OR ACTUAL INTELLECTUAL PROPERTY INFRINGEMENT OR MISAPPROPRIATION BY SOFTWARE OR OTHER OFFERINGS.

9. CONFIDENTIAL INFORMATION.

9.1 CONFIDENTIAL INFORMATION. “Confidential Information” refers to the following items one party to this Agreement (“Discloser”) discloses to the other (“Recipient”): (a) any document Discloser marks “Confidential” or designates as “Confidential” in writing; (b) any information Discloser orally designates as “Confidential” at the time of disclosure, provided Discloser confirms such designation in writing within 5 business days. In addition, BeyondTrust’s Confidential Information, as Discloser, includes the Software, any specifications regarding any Software or Other Offering, any pricing information regarding any Software or Other Offering, proprietary algorithms, and any information related to research and development. However, Confidential Information does not include any information Recipient can demonstrate: (i) is in Recipient’s possession at the time of disclosure; (ii) is independently developed by Recipient without use of or reference to Confidential Information; (iii) becomes known publicly, before or after disclosure, other than as a result of Recipient’s improper action or inaction; or (iv) is approved for release in writing by Discloser.

9.2 NONDISCLOSURE. Recipient shall not, without Discloser’s prior written consent (in each instance): (a) publish, disclose, or otherwise divulge Discloser’s Confidential Information; or (b) use Discloser’s Confidential Information for any purpose other than to support provision and use of Software or Other Offerings as authorized by this Agreement. Recipient shall use at least the same level of care to protect Discloser’s Confidential Information as it uses to protect its own sensitive non-public information, but in no event less than reasonable care. Recipient shall promptly notify Discloser of any misuse or misappropriation of Confidential Information that comes to Recipient’s attention. Notwithstanding the foregoing, Recipient may disclose Confidential Information as required by applicable law or by proper legal or governmental authority. Recipient shall give Discloser prompt notice of any such legal or governmental demand and reasonably cooperate with Discloser in any effort to seek a protective order or otherwise to contest such required disclosure, at Discloser’s expense. For clarity, this Section 9 relates only to the disclosure by one party to another of Confidential Information as defined herein and not to data that Customer or its Clients transmit or access through Software or Other Offerings provided by BeyondTrust.

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9.3 INJUNCTION, RETENTION OF RIGHTS, & DTSA NOTICE.

(a) Injunction & Retention of Rights. Recipient agrees that breach of this Section 9 would cause Discloser irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to any other remedy, Discloser will be entitled to injunctive relief against such breach or threatened breach, without proving actual damage or posting a bond or other security. This Agreement does not transfer ownership of Confidential Information or grant a license thereto.

(b) Exception & Immunity. Pursuant to the Defend Trade Secrets Act of 2016, 18 USC Section 1833(b), Recipient is on notice and acknowledges that, notwithstanding the foregoing or any other provision of this Agreement:

(i) Immunity. An individual shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that (A) is made (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

(ii) Use of Trade Secret Information in Anti-Retaliation Lawsuit. An individual who files a

lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual (A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order.

10. VERIFICATION & AUDIT. Customer acknowledges and agrees that BeyondTrust may verify

Customer’s compliance with this Agreement through online verification procedures, including without limitation by gathering product information. BeyondTrust may not require either a usage verification or an audit, as described below in this Section 10, more than once per year. This Section 10 does not limit BeyondTrust’s rights or remedies for breach of this Agreement.

10.1 USAGE VERIFICATION. Within thirty (30) days of BeyondTrust’s request, Customer shall provide a certified report detailing Customer’s installation and usage of the Software with sufficient specificity to establish Customer’s compliance (or non-compliance) with the access and use limitations set forth in Section 1.1, above.

10.2 AUDIT. BeyondTrust may audit Customer’s use of Software or Other Offerings on thirty (30) days’ advance written notice. Customer shall cooperate with the audit, including by providing access to any books, computers, records, or other information that relate or may relate to use of Software or Other Offerings. Such audit shall not unreasonably interfere with Customer’s business activities. If BeyondTrust discovers unauthorized use, reproduction, distribution, or other exploitation of Software or Other Offerings, in excess of 5% of the copies or fees that would have applied to authorized use, Customer shall reimburse BeyondTrust for the reasonable cost of the audit.

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10.3 COMPENSATION. If Customer has exceeded the rights granted, Customer shall pay additional Fees, including Support Fees, at BeyondTrust’s then-current rates. Customer acknowledges and agrees that BeyondTrust may sell rights to Software or Other Offerings in unit multiples, and Customer shall pay fees for the number of units that cover at least Customer’s usage.

11. GENERAL PROVISIONS.

11.1 INDEPENDENT PARTIES. The parties acknowledge that BeyondTrust is an independent contractor to Customer, and BeyondTrust may engage in other business activities at its sole discretion. This Agreement does not in any way create or constitute a relationship of employment, partnership, or a joint venture between the parties. Customer acknowledges and agrees that: (a) Resellers and BeyondTrust are independent contractors; (b) BeyondTrust has no liability for any act or omission of any Reseller; and (c) Resellers have no power to modify this Agreement or to bind BeyondTrust, including without limitation any power to make any representation, warranty, or indemnity on BeyondTrust’s behalf.

11.2 ASSIGNMENT. Customer’s rights and obligations under this Agreement may not be assigned or transferred (including by operation of law) without BeyondTrust’s prior written consent, and any unauthorized assignment or transfer is null and void. BeyondTrust may assign the Agreement or any of its rights and obligations under the Agreement to a third party, and such assignment will become effective upon notice to Customer. Subject to the foregoing, this Agreement or the relevant provisions will be binding upon and inure to the benefit of the parties and their respective successors, executors, heirs, representatives, administrators and permitted assigns.

11.3 FORCE MAJEURE. Each party will be excused from performance for any period during which, and to the extent that, it is prevented from performing any obligation or services as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, communication line failure and power failures. Nothing in the foregoing shall be deemed to forgive Customer or Customer’s obligation to pay any and all fees owed to BeyondTrust under this Agreement.

11.4 NOTICES. All notices given pursuant to this Agreement shall be in writing and delivered by hand, by registered or certified mail with proper postage, third party delivery service (e.g. FedEx) or by facsimile (with confirmation copy sent by certified mail), addressed to the signatory at the address set forth on the Order, or such other person and address as may be designated in writing in accordance with this Section 11.4. All such notices will be deemed received upon the earlier of actual receipt or actual delivery to the notice address.

11.5 GOVERNING LAW; VENUE. This Agreement and all claims arising out of or related to this Agreement will be governed solely by the internal laws of the State of Georgia, including without limitation applicable federal law, without reference to: (a) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties; (b) the United Nations Convention on Contracts for the International Sale of Goods; (c) the 1974 Convention on the Limitation Period in the International Sale of Goods (the “1974 Convention”); (d) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980; or (e) other international laws. The parties consent to the personal and exclusive jurisdiction of the federal

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and state courts of Fulton County, Georgia and agree that such courts are convenient forums. This Section 11.5 governs all claims arising out of or related to this Agreement, including without limitation tort claims.

11.6 ATTORNEYS' FEES. Customer shall reimburse BeyondTrust for all reasonable costs (including attorneys’ fees) incurred by BeyondTrust in collecting overdue payments from Customer or enforcing its rights under this Agreement.

11.7 LICENSE TO GOVERNMENT. The Software and any documentation and e-learning systems are commercial items, as that term is defined in 48 CFR 2.101, consisting of commercial computer software and commercial computer software documentation, as those terms are used in 48 CFR 12.212. If the Software or any documentation is acquired by or on behalf of the U.S. government or by a U.S. government contractor (including without limitation prime contractors and subcontractors at any tier), then in accordance with 48 CFR 227.7202-4 (for Department of Defense licenses only) and 48 CFR 12.212 (for licenses with all federal government agencies), the government’s rights to the Software and such documentation are limited to the commercial rights specifically granted in this Agreement, as restricted by this Agreement. The rights limited by the preceding sentence include, without limitation, any rights to reproduce, modify, perform, display, disclose, release, or otherwise use the Software or documentation. This Section 11.7 does not grant Customer any rights not specifically set forth in this Agreement.

11.8 COMPLIANCE WITH LAWS. In its use of Software or Other Offerings, Customer shall comply with all applicable laws, including without limitation laws governing the protection of personally identifiable information. Without limiting the generality of the foregoing, Customer shall comply fully with all export and import laws, regulations, orders, and policies of the U.S. and any other applicable jurisdiction. Customer acknowledges and agrees that it is solely responsible for compliance with any and all import and export restrictions and other applicable laws and that BeyondTrust has no further responsibility after the initial distribution to Customer within the original country of sale. Customer represents and warrants that neither the United States Bureau of Export Administration nor any other federal agency has suspended, revoked, or denied Customer's export privileges. Customer shall not use or transfer Software or Other Offerings for end use relating to any nuclear, chemical or biological weapons, or missile technology unless authorized by the U.S. Government by regulation or specific license.

11.9 INTEGRATION AND AMENDMENT. This Agreement and written documents referenced herein (including the Order) constitute the entire agreement of the parties and supersede and extinguish all prior agreements or understandings, representations or warranties, relating to the subject matter hereof. The terms of this Agreement supersede those of any prior contract between the parties related to the Software or Other Offerings, as of the Effective Date and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements between the parties, except that prior and still active orders related to the Software are incorporated into this Agreement as Orders by this reference. This Agreement may not be modified, amended or additional obligations be assumed by either party to this Agreement except (a) by written agreement specifically referring to this Agreement signed by the parties or (b) by Customer’s execution of a subsequent electronic agreement provided by BeyondTrust with respect to the same Software or Other Offerings. Customer represents and acknowledges that, in entering into this Agreement, it did not rely on any representations or warranties other than those explicitly set forth in this Agreement. CUSTOMER HEREBY AGREES THAT ANY

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VARYING OR ADDITIONAL TERMS CONTAINED IN ANY PURCHASE ORDER OR OTHER WRITTEN NOTIFICATION OR DOCUMENT ISSUED BY CUSTOMER IN RELATION TO THE SOFTWARE OR OTHER OFFERINGS WILL BE OF NO FORCE OR EFFECT.

11.10 PUBLIC RELATIONS. BeyondTrust may: (a) use Customer’s company name, logo, trademark, trade name, service mark, or other commercial designation to indicate the existence of a customer relationship between Customer and BeyondTrust; and (b) place Customer’s name or logo in audio and online presentations to potential customers and business partners and in a release to the press. BeyondTrust’s use of any Customer trademark will be subject to such reasonable guidelines as Customer may provide directed at avoiding misrepresentation of Customer’s brand or identity.

11.11 CONSTRUCTION. This Agreement will be construed simply according to its fair meaning and not strictly for or against any party by reason of authorship or for any other reason. References to “including” mean “including, without limitation.” If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the remaining portions of this Agreement shall remain in full force and effect, provided that in such event the parties agree to negotiate in good faith enforceable substitute provisions that most nearly effect the parties’ original intent. No waiver of any breach or default hereunder will be considered valid unless in writing and signed by the party giving such waiver, and no such waiver will waive any subsequent breach or default. Nothing expressed or implied in this Agreement will be construed to give rights or remedies to any third party, including without limitation any third party beneficiary rights, except as applicable the parties’ respective executors, heirs, representatives, administrators, successors, and assigns.

11.12 REPRESENTATIONS. Customer represents and acknowledges that: (a) it has read and understands this Agreement; and (b) it has had an opportunity to have its legal counsel review this Agreement. In addition, the individual accepting this Agreement on Customer’s behalf personally represents that he or she is duly authorized to accept this Agreement on behalf of Customer and that this Agreement is binding upon Customer.

EXHIBIT A

DEFINED TERMS

In addition to any other terms defined in Agreement, the following terms have the following meanings:

“Active Login” means use of the BeyondTrust Remote Support Software as described in the applicable Order, by a single service representative, logged in directly or indirectly to the Remote Support server software, at any given time. The number of Active Logins is the number of service representatives accessing the Remote Support server software concurrently.

“Active Endpoints” means the number of Endpoints accessed by the BeyondTrust Privileged Remote Access Software, as described in the applicable Order. “Endpoint” means any network

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device or computer system, virtual or physical, such as a router, server, storage array, database, or desktop.

“Client” means a direct customer of Customer.

“Cloud Services” means provision of access to and use of the Software, and in some cases the Documentation, remotely over the Internet. Cloud Services do not include or provide On-Premise Software.

“Documentation” means the documents, help files, and other textual matter, in any form or media, that are included with the Software and describe its specifications, functionality, and limitations.

“Effective Date” means the earlier of the following: (i) execution of this Agreement, (ii) the effective date of the first Order, or (iii) the date Customer the Software is first made available to Customer.

“Fee(s)” means the applicable fee (as set forth on an Order or SOW) for each Software or Other Offering.

“Hardware” means the computer equipment distributed by BeyondTrust, or by a Reseller on BeyondTrust’s behalf, pursuant to an Order. Hardware may contain firmware or software.

“Instance” means a single deployed application (e.g. production, test, or disaster recovery)

“Managed Computer Object” is any physical, virtual, Container or computing device, wired or wireless and regardless of the number of IP addresses assigned, that will be either interacting with software rules, have an agent installed, or be targeted for an assessment. A “Virtual Machine” is a virtual emulation of a physical computer. Virtual Machines exist in virtual environments including but not limited to VMWare Server, Hyper-V, Azure VM's, Amazon AWS VM's, or zOS LPAR's. “Container(s)” is an emulation that occurs at the OS level. This is a contrast to Virtual Machines, which emulate at the hardware level up.

“Managed Devices” means any network device being managed by a Software or Other Offering that is virtual or physical, such as a desktop PC, router, or switch that is not a server OS or functioning as a server of Customer and/or Clients.

“Managed Servers” means any network device being managed by a Software or Other Offering that is (a) acting as a server or running a server-based operating system, virtual or physical, (b) used for serving applications, websites, DNS, Directory Service, DHCP, files, storage arrays, databases or (c) filling any other server-related roles on behalf of Customer and Clients.

“On-Premise Software” means electronically delivered Software provided for installation on computer owned or managed by Customer. On-Premise Software does not include Cloud Services, or any software provided through Cloud Services.

“Order” means an ordering document executed by Customer and BeyondTrust, or a Reseller, on BeyondTrust’s standard order form, referencing this Agreement and calling for provision of one

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or more Software or Other Offerings; provided a Customer purchase order for the second or later purchase under this Agreement will become an Order upon execution by BeyondTrust or a Reseller.

“Personnel” means individual employees, contractors, and agents of an entity.

“Reseller” means a reseller of the Software authorized by BeyondTrust. As between the parties, BeyondTrust has sole and complete discretion to grant or terminate Reseller status.

“Software” means the applicable object code form of the BeyondTrust software as listed on the Order.

“Software or Other Offerings” means: (a) Software and Documentation, in each case whether provided as or with On-Premise Software or via Cloud Services; (b) Hardware; (c) deliverables provided through Professional Services; and (d) the Professional Services, Support Services, and e-learning services.

“Software Term,” “Renewal Software Term,” and “Initial Software Term” are defined in Section 5.1.

“Support Services” means the services set forth at www.beyondtrust.com/supportservices as of the date of provision of service, at the level of support listed on the applicable Order.

“Upgrade” means any modification, correction, enhancement, deletion, or substitution to the Software, including but not limited to, any data file or module thereto that may be provided by BeyondTrust.

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https://www.beyondtrust.com/supportservices

BeyondTrust Corporation11695 Johns Creek Parkway, Suite 200Johns Creek, GA 30097

CHECK REMITTANCE ADDRESS:BeyondTrust CorporationPO Box 734433Dallas, TX 75373-4433

Date July 25, 2019 Renewal Notice # Q-118973-2 Contact Information Customer Success

[email protected]: (855) 551-2834

Fax: (866) 522-8704

Renewal NoticeNotice To: Deliver To:Marva PearceHays County Information Technology3413 Hunter Rd Unit ESan Marcos, TX 78666-5841United States

Marva PearceHays County Information Technology3413 Hunter Rd Unit ESan Marcos, TX 78666-5841United States*Must match shipping address on purchase order (ifapplicable)

Expiration Date: October 31, 2019 Renewal Term: November 1, 2019 - October 31, 2020

Qty SKU Description Ext. Price

1 RS-ESS-BUNDLE B200 ESS USD 721.74

10 RS-ESS Remote Support License ESS USD 4,911.33

SUBTOTAL: USD 5,633.07TAXES*: USD 0.00

QUOTE TOTAL: USD 5,633.07

Notes

Payment Method

Click here to make payment arrangements online: Click Here

PLEASE NOTE: Where law allows, we impose a surcharge of 3% on the transaction amount on all credit card products, which is notgreater than our cost of acceptance. We do not surcharge debit cards.

PO Required: Yes or No (MUST circle one. If yes, please provide PO# and attach a copy of PO. Please make sure your PO document references ourQuote#.) PO Number: ________________________________

Agreed and Accepted: Name ______________________________________ Title_________________________ Signature ___________________________________ Date _________________________

Page 1 of 2

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Tax Exempt: Yes or No (MUST circle one. If Yes, please attach copy of certificate.) Tax Exempt #: ______________________________

For information regarding additional payment methods and all other inquiries, please [email protected].

*Customer is responsible for all applicable sales, use, and VAT taxes

Page 2 of 2

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AGENDA ITEM

Authorize the County Judge to execute a resolution certifying that the County has approved a $13,000 grant for FY 2021 to Combined Community Action, an organization that provides home delivered meals to homebound persons in the county that are elderly or have a disability.



$13,000

LINE ITEM NUMBER

001-895-98-323.5800

AUDITOR USE ONLY

AUDITOR COMMENTS:

Regarding Section 3 of the certification, the County Auditor has not reviewed the accounting system of the Combined Community Action Agency and therefore cannot attest to its compliance with the Uniform Grants Management Standards with regards to its financial management system.



INGALSBE N/A

SUMMARY

Attachment: Texas Department of Agriculture (TDA) Resolution for Combined Community Action home delivered meal grant program.

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TEXAS DEPARTMENT OF AGRICULTURETEXANS FEEDING TEXANS: HOME-DELIVERED MEALS

GRANT PROGRAM

NOTE: All information shown in this resolution must be included in the resolution passed by the County. Updated May 2020

RESOLUTION AUTHORIZING COUNTY GRANT

PROGRAM YEAR 2021

A resolution of the County of Hays (County), Texas, certifying that the county has made a grant to Mealson Wheels of the RCA/Combined Community Action (Organization), an organization that provides home-delivered meals to homebound persons in the county who are elderly and/or have a disability, and certifying that the county has approved the organization's accounting system or fiscal agent.

jHEREAS, the Organization desires to apply for grant funds from the Texas Department of Agriculture to supplement and extend existing services for homebound persons in the County who are elderly and/or have a disability, pursuant to the Home-Delivered Meals Grant Program (Program); and

jHEREAS, the Program rules require the County in which an Organization is providing home-delivered meal services to make a grant to the Organization, in order for the Organization to be eligible to receive Program grant funds; and

jHEREAS, the Program rules require the County to approve the Organization's accounting system or fiscal agent, in order for the Organization to be eligible to receive Program grant funds; and

jHEREAS, the County recognizes Kelly Franke, Executive Director (Authorized Official) as an official of the Organization applying for a Home-Delivered Meal Grant from the Texas Department of Agriculture.

UE IT RESOLVED BY THE COUNTY:

SECTION 1: The County hereby certifies that it has made a grant to the Organization in the amount of $13,000 to be used between the:

1 of October 2020 and the 30 of September 2021 Day Month Year Day Month Year

SECTION 2: The County hereby certifies that the Organization provides home-delivered meals to homebound persons in the County who are elderly and/or have a disability. SECTION 3: The County hereby certifies that it has approved the Organization's accounting system or fiscal agent which meets financial management system requirements as set forth in the Uniform Grant Management Standards promulgated by the Texas Comptroller of Public Accounts. Introduced, read, and passed by the affirmative vote of the County on this 13 day of October, 2020

____________________________________ Signature of Authorized Official of the County

Ruben Becerra, Hays County Judge Typed Name and Title

DRAFT




AGENDA ITEM

Authorize On-Site Sewage Facility Permit for a warehouse with two small one-bedroom apartments located at 1020 Pier Branch Rd, Dripping Springs TX 78620.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Caitlyn Strickland, Director of Development Services

SMITH N/A

SUMMARY

Karen Lockhart is proposing an OSSF to serve a warehouse with 3 bays available for rent and two one-bedroom apartments upstairs. This lot is in Sunset Canyon Section 3C Lot 17 and is served by West Travis PUA Public Water Supply. The system designer, Stan Burrier, P.E., has designed a proprietary treatment system with flow equalization. After treatment the effluent will be dispersed via drip tubing for a maximum daily rate of 460 GPD. There are no variances requested.

DRAFT




AGENDA ITEM

Accept a $16,745 contribution on behalf of the Hays County Child Protective Board (HCCPB) and amend the budget accordingly.


CONSENT October 13, 2020 N/A

LINE ITEM NUMBER

001-895-98-354]

AUDITOR USE ONLY

AUDITOR COMMENTS:



INGALSBE N/A

SUMMARY

The HCCPB received a donation from the Remme Family utilizing the county federal tax identification number as authorized. Funds will be used to assist with purchasing furniture and supplies needed to have the Rainbow Room functional once the renovations are completed. Budget Amendment: Increase Revenue Contributions - 001-895-98-354.4610 Increase Project Contributions - 001-895-98-354.5600

DRAFT




AGENDA ITEM

Authorize the submission of a complete application to the Texas Water Development Board, Flood Infrastructure Fund for the Onion Creek Watershed Study: Floodplain and Mapping.



N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



CRUMLEY/STRICKLAND

JONES SMITH

SUMMARY

Hays County submitted an abridged application to the Texas Water Development Board Flood Infrastructure Fund (FIF) on June 15, 2020. Hays County was invited to submit a complete application for funding to the Texas Water Development Board's inaugural round of Flood Infrastructure Fund for the Onion Creek Watershed Study: Floodplain and Mapping project. The project was included in the updated prioritization list based on criteria outlined in the 2020 Flood Intended Use Plan. The Intent to Apply form was approved in Commissioners Court on September 29, 2020 and was submitted to the Texas Water Development Board on September 29, 2020. . The total estimated project cost is $430,000. Amount requested from the TWBD: $215,000.00 Local Share: $215,000.00 Submission of the complete application is done electronically via e mail to [email protected] by October 19, 2020. DRAFT

mailto:[email protected]




AGENDA ITEM

Discussion and possible action to approve an Interlocal Agreement for the Texas Department of Transportation to perform material inspection and testing services and authorize the County Judge to execute the Advance Funding Agreement on behalf of Hays County.


ACTION-ROADS October 13, 2020 $50,000.00

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding, P.E., Transportation Director SHELL N/A

SUMMARY

Hays County is responsible for the letting and construction of various projects as part of the County's 2016 Road Bond Program. Materials inspection and testing services will be required as part of construction management and these services can be provided most efficiently by the Texas Department of Transportation. The Interlocal Agreement would memorialize the roles and responsibilities of TxDOT and Hays County regarding the performance of these services, which would benefit the citizens of Hays County. The Amount Required is a not-to-exceed contract amount and will be dependent on services rendered by TxDOT. Material inspection and testing services to be performed by TxDOT consists of the following: • Various inspected materials fabricated off-site (structural steel bridge components, pre-cast concrete stressed/non-stressed products, and miscellaneous fabricated products). • Other materials inspection and testing as agreed upon in writing by TxDOT and the Local Government. Project utilizing this agreement include Creek Road Bridge replacement, Lime Kiln Bridge project, low-water crossing projects. DRAFT

Interlocal–Interlocal_TxDOT Page 1 of 1

Contract No ___________

THE STATE OF TEXAS§ THE COUNTY OF §

INTERLOCAL AGREEMENTTHIS CONTRACT is entered into by the Contracting Parties under Government Code, Chapter 791.

I. CONTRACTING PARTIES:TxDOTTexas Department of Transportation

County Local Government

PURPOSE: Perform material inspection and testing services.

STATEMENT OF SERVICES TO BE PERFORMED: TxDOT will undertake and carry out servicesdescribed in Attachment A, Scope of Services.

CONTRACT PAYMENT: The total amount of this contract shall not exceed $ and shallconform to the provisions of Attachment B, Budget. Invoices will be issued monthly.

TERM OF CONTRACT: This contract begins when fully executed by both parties and terminates on, or when otherwise terminated as provided in this Agreement.

LEGAL AUTHORITY:THE PARTIES certify that the services provided under this contract are services that are properly within the legal authority of the Contracting Parties. The governing body, by resolution or ordinance, dated ___________, has authorized the Local Government to obtain the services described in Attachment A.

This contract incorporates the provisions of Attachment A, Scope of Services; Attachment B, Budget;Attachment C, General Terms and Conditions; Attachment D, Resolution or Ordinance; and Attachment E, Location Map for Showing Project.

CITY OR COUNTY

By DateAUTHORIZED SIGNATURE

TYPED OR PRINTED NAME AND TITLE

FOR THE STATE OF TEXASExecuted for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission

By DateKenneth StewartDirector of Contract Services

Ruben Becerra, Hays County JudgeDRAFT


Interlocal–Interlocal_TxDOT Page 1 of 2 Attachment A

ATTACHMENT AScope of Services

The Texas Department of Transportation (TxDOT) agrees to perform material inspection and testing services as requested by the Local Government, and subject to the terms set forth below. Material inspection and testing services to be performed by TxDOT consists of the following:

Various inspected materials fabricated off-site (structural steel bridge components, pre-cast concretestressed/non-stressed products, and miscellaneous fabricated products).Other materials inspection and testing as agreed upon in writing by TxDOT and the LocalGovernment.

Inspections will be performed in compliance with the specifications and instructions supplied by the Local Government and are subject to the terms and conditions described below. Written inspection or test reports will be provided to the Local Government in accordance with TxDOT’s existing policies as inspection and testing services are performed by TxDOT.

Prior to the commencement of material inspection and testing services, the Local Government shall provide TxDOT with a single point of contact for this scope of services. TxDOT will direct all invoices, test reports, questions and other issues to this point of contact. The Local Government shall provide an email address to which invoices will be sent. The Local Government shall provide written notification of a change to the point of contact.

INSPECTED MATERIALS

The Local Government will provide TxDOT a list of the materials requiring inspection. Estimated quantities of each material will also be provided. The types of products and the extent of the inspections will be as agreed upon prior to commencement of any inspections. The level of inspection and documentation furnished for Local Government inspections will be as provided for typical TxDOT projects.

TxDOT will only perform inspection services for the Local Government at structural steel fabrication plants, commercial precast prestressed and non-stressed concrete products plants, and other miscellaneous fabrication plants where TxDOT routinely provides such inspection and testing services for its own highway materials or for others. Out-of-state inspections for Local Government will be performed only when TxDOT has employees scheduled to conduct inspections for TxDOT projects at the requested locations, unless agreed upon otherwise. All out-of-state inspections will require reimbursement of the additional costs for travel (airfare, lodging, per diem, vehicle rentals, and other miscellaneous costs). Reimbursement will be requested through invoices from TxDOT.

TxDOT reserves the right to prioritize or reschedule any inspection and testing services according to the following:

Inspection and testing services may be cancelled or deferred due to unavailability of TxDOTpersonnel to perform the necessary inspectionInspections for the Local Government will be given lower priority than inspections performed byTxDOT for TxDOT projectsInspections for the Local Government may be rescheduled to coincide with the inspection ofproducts for TxDOT projects.

The Local Government and its fabricators will abide by the Nonconformance Report (NCR) process utilized by TxDOT for disposition of products that do not meet the requirements of the Local Government’sspecifications provided.

DRAFT


Interlocal–Interlocal_TxDOT Page 2 of 2 Attachment A

WORK REQUESTS

A minimum of two (2) weeks prior to TxDOT performing any inspections, the Local Government will submitWork Requests to TxDOT. Submit one Work Request per Fabricator and include the following:

Project information (i.e. contract number, CSJ, etc.)Work descriptionType and estimated quantity of material(s) to be inspectedFabricator information (Name, contact person, phone number, physical location)Desired date of inspectionName, title, signature, and telephone number of the Local Government’s authorized representative.Specification Item or Special Specification to be used for inspectionList of the Local Government’s amendments to Specification ItemLocal Governments Special SpecificationsComplete set of necessary design drawings, material specifications, and shop drawing files in Adobe.pdf format to perform inspection of the material.

Incomplete Work Requests will not be accepted. E-mail completed Work Requests, with attachments, as an Adobe .pdf format to [email protected] and include “Work Request” in the subject line.

TEST REPORTS

TxDOT will send test reports and pertinent information to the Local Government’s designated point of contact for services performed as attachments to invoices for services.

DRAFT


Interlocal–Interlocal_TxDOT Page 1 of 1 Attachment B

ATTACHMENT B

Texas Department of Transportation Inspection & Testing Rates

TxDOT will only perform inspection and testing services outlined in Attachment A.

Charges will be based on rates in effect at the time inspection and testing services are performed.

Current Inspection and Testing Rates are published at

http://ftp.dot.state.tx.us/pub/txdot/mtd/inspection_testing.pdf

Invoices will be sent to the Local Government on a monthly basis. Payments are due within 30 days of date of invoice and will be mailed to the following address:

Texas Department of TransportationP. O. Box 149001Austin, Texas 78714-9001

DRAFT


Interlocal–Interlocal_TxDOT Page 1 of 1 Attachment C

ATTACHMENT CGeneral Terms and Conditions

Article 1. AmendmentsThis contract may only be amended by written agreement executed by both parties before the contract is terminated.Article 2. Conflicts Between AgreementsIf the terms of this contract conflict with the terms of any other contract between the parties, the most recent contract shall prevail.Article 3. DisputesTxDOT shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of contract services.Article 4. Ownership of EquipmentExcept to the extent that a specific provision of this contract states to the contrary, all equipment purchased by TxDOT under this contract shall be owned by TxDOT.Article 5. TerminationThis contract terminates at the end of the contract term, when all services and obligations contained in this contrac t have been satisfactorily completed, by mutual written agreement, or 30 days after either party gives notice to the other party, whichever occurs first.Article 6. GratuitiesAny person who is doing business with or who reasonably speaking may do business with TxDOT under this contract may not make any offer of benefits, gifts, or favors to employees of TxDOT. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Executive Director of the Texas Department of Transportation. Article 7. Responsibilities of the PartiesEach party acknowledges that it is not an agent, servant, or employee of the other party. Each party is responsible for its own acts and deeds and for those of its agents, servants, or employees.Article 8. Compliance with LawsThe parties shall comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations and with the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement.Article 9. State Auditor's ProvisionThe state auditor may conduct an audit or investigation of any entity receiving funds from TxDOT direc t ly under the contract or indirectly through a subcontract under the contract. Acceptance of funds direc t ly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.Article 10. Signatory WarrantyEach signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the ent ity represented.Article 11. NoticesAll notices to either party shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to that party at the following address:

TxDOT Local GovernmentTexas Department of TransportationAttention: Director, Contract Services125 East 11th StreetAustin, TX 78701-2483

All notices shall be deemed given on the date delivered in person or deposited in the mail. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writ ing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party.

DRAFT


Interlocal–Interlocal_TxDOT Page 1 of 1 Attachment D

ATTACHMENT D

RESOLUTION OR ORDINANCE

(RESOLUTION OR ORDINANCE IS ATTACHED AND MADE A PART OF THIS AGREEMENT.)

DRAFT

A Resolution of the Hays County Commissioners Court Approving an Interlocal Agreement for the Texas Department of Transportation To

Perform Material Inspection and Testing Services and Authorizing the County Judge to Execute the Agreement on behalf of Hays County

STATE OF TEXAS § §

COUNTY OF HAYS §

WHEREAS, Hays County is responsible for the letting and construction management of various projects as part of the County’s 2016 Road Bond Program; and

WHEREAS, materials inspection and testing services will be required as part of construction management; and

WHEREAS, these services can be provided most efficiently by the Texas Department of Transportation; and

WHEREAS, an Interlocal Agreement for the Texas Department of Transportation to perform material inspection and testing services would benefit the citizens of Hays County;

NOW, THEREFORE, BE IT RESOLVED by the Hays County Commissioners Court:

(a) That the Commissioners Court of Hays County does hereby approve an InterlocalAgreement for the Texas Department of Transportation to perform material inspection andtesting services and authorizes the County Judge to execute the Agreement on behalf ofHays County.

RESOLVED, ORDERED, AND DECLARED this ____ day of __________, 2020. DRAFT

_______________________________ Ruben Becerra

Hays County Judge ____________________________ ____________________________ Debbie Gonzales Ingalsbe Mark Jones Commissioner, Pct. 1 Commissioner, Pct. 2 ____________________________ ____________________________ Lon Shell Walt Smith Commissioner, Pct. 3 Commissioner, Pct. 4 ATTEST: Elaine H. Cárdenas Hays County Clerk

20201013TxDOTMaterialsTesting_resolutionCLEAN.docx

DRAFT


Interlocal–Interlocal_TxDOT Page 1 of 1 Attachment E

ATTACHMENT E

LOCATION MAP FOR SHOWING PROJECT

(LOCATION MAP(S) ATTACHED AND MADE A PART OF THIS AGREEMENT.)

DRAFT

SH 80 at MilitaryIntersection Improvements

Centerpoint RoadSafety Improvements

McCarty ExpansionENV

UPRR Relocation

Lime KilnRoad Safetyand DrainageImprovements

SawyerRanch SUP

Old BastropHwy/CR 266

FM 621Safety Improvements

Darden HillRoad

Hillside TerraceSafety Improvements

RM 967 SafetyTurn Lanes

FM 2001 SafetyImprovements East

Windy Hill Road

Dacy Lane Extension

US 290 WestWideningENV / ROW

RM 150 W AlignmentENV / ROW / UTIL

SH 21 CorridorImprovements

FM 3237 SafetyImprovements

FM 2001 SafetyImprovements West

Robert S LightROW

FM 2001 ROW / Utilities

P4

P3

P2

P1

SH 21 atFM 1966

Winters Mill atRM 12

FM 110 atSH 123

Fischer Store Rd.at RM 2325

RM 150 atRM 12

RM 12 atRM 3237

US 290 atMartin Rd

US 290 atHenly Loop E

RM 3237 atRM 150

US 290 atHolder Ln

US 290 atTrautwein Rd & Temp. Signal

Winters Mill atRM 3237

Bunton LaneLWC 2

Bunton LaneLWC 3

Grist MillRoad LWC

S TurnersvilleRoad

Francis Harris Lane 1

Bunton LaneLWC 1

Cotton GinRoad 1

ChaparralRoad 1

PCT #4 LWC #1Bear Creek Pass (CR 367)

PCT #4 LWC #2Sycamore Crk Dr

§̈¦35J

261581Center Point

267582 113376

268929McCarty

258380

SE

SSOM

CR719

CR

998

CR 1045

CR 9086

CR 1514

CR

666

CR653

CR

920

1

CR63

2

CR 692

CR 1522

CR 672

CR

564

CR 725

CR1252

CR1612

CR 10

25

CR6016

CR91

14

CR1 409

CR 721

CR

665

CR606

CR 108

CR

370

CR 9252

CR

656

CR 638

CR 1348

CR9190

CR 1516

CR 1194

CR

1238

CR 1246

CR 1521

CR1687

CR

9129

CR92

31

CR9024

CR6009

CR1107

CR

1681

CR 1360

CR 9080

CR

184

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R 3 49

CR636

CR 107

CR9

67

CR 12

0

9

CR 9223

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CR

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CR

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7 62

CR 9166

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CR 235

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56

CR 234

CR

834

CR

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CR

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CR

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CR 137

CR

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CR 1149

CR 1641

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CR

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1094

CR

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CR 915

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CR 159

CR 981

CR 1127CR 1 0 90

CR

676

CR2

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CR 232

CR

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CR

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CR

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CR

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CR 19 3

CR

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CR 986 CR

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CR 9164

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CR

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CR

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CR

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CR 123

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CR

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CR614

CR1122

CR 195

CR 246

CR1228

CR91

70

CR

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CR 1100

CR 982

CR

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CR 18

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CR

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CR

244

CR 169

CR12

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CR 1600

CR 198

CR1214

CR 214

CR 187

CR 191

CR157

CR20

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CR 2135

CR1644

CR 1668

CR 222

CR 213

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220

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CR 122

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DRAFT




AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute an Advance Funding Commitment Agreement (AFCA) between Hays County and HM Parten Ranch Development, Inc. to facilitate the construction of a segment of roadway on Kinnikinik Loop in Precinct 4.


ACTION-ROADS October 13, 2020

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding

SMITH N/A

SUMMARY

Attachment: AFCA

DRAFT




AGENDA ITEM

Discussion and possible action to consider the release of the revegetation bond #PB030168000375 in the amount of $17,066.00 for Parten Ranch subdivision, Phase 2.


ACTION-ROADS October 13, 2020

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding

SMITH N/A

SUMMARY

Staff recommends the release of the revegetation bond that was issued for Parten Ranch subd., Phase 2 as a result of our latest inspection verifying 70%+ vegetative coverage of all disturbed areas with the County ROW.

DRAFT




AGENDA ITEM

Discussion and possible action of the county procurement process.


ACTION-MISCELLANEOUS October 13, 2020

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



BECERRA

BECERRA N/A

SUMMARY

DRAFT




AGENDA ITEM

Discussion and possible action to authorize the execution of Amendment No. 1 to a contract with the Department of State Health Services (DSHS) for the Tuberculosis Prevention and Control-Federal Grant Program (TB/PC-Federal) in the amount of $22,297.


ACTION-MISCELLANEOUS October 13, 2020

$4,460

LINE ITEM NUMBER

120-675-99-087]

AUDITOR USE ONLY

AUDITOR COMMENTS:



T.CRUMLEY

INGALSBE N/A

SUMMARY

On July 21, 2020 the Commissioners' Court authorized the submission of a grant application to the DSHS for the FY21 TB/PC-Federal Grant Program. This amendment reflects the addition of federal funding in the amount of $22,297 with a cash match of 20% or $4,460 for required participation in the program for a combined total of $26,757. Funds will be used for the identification and treatment of those persons with, or who have been exposed to tuberculosis. Grant and county matching funds were budgeted during the FY21 budget process. Grant Period: 1/1/2021 - 12/31/2021 Contract Number: HHS000686100019 Attachment: DSHS Tuberculosis Prevention and Control-Federal (TB/PC-Federal) Grant Program Amendment No.1 DRAFT

of 8

DEPARTMENT OF STATE HEALTH SERVICES

CONTRACT NO. HHS000686100019

AMENDMENT NO. 1

THE DEPARTMENT OF STATE HEALTH SERVICES (“System Agency” or “DSHS”) and HAYS

COUNTY HEALTH DEPARTMENT ("Grantee”), who are collectively referred to herein as the "Parties" to that certain grant Contract effective January 1, 2020, and denominated DSHS Contract No. HHS000686100019 (“Contract”), now want to amend the Contract. WHEREAS, the Parties desire to renew the term of the Contract for an additional year; WHEREAS, the Parties desire to add funds for the period beginning January 1, 2021, through December 31, 2021 (hereinafter referred to as “Fiscal Year 2021” or “FY2021”); and WHEREAS, the Parties desire to revise the Statement of Work for Fiscal Year 2021. NOW, THEREFORE, the Parties hereby amend and modify the Contract as follows:

1. ARTICLE IV of the Signature Document, DURATION, is hereby amended to reflect a revised termination date of December 31, 2021.

2. ARTICLE V of the Signature Document, BUDGET, is hereby amended to add $22,297.00

in DSHS funding with the Grantee providing $4,460.00 in matching funds, for an FY2021 combined total of $26,757.00. The total Contract amount will not exceed $53,512.00. All expenditures under the Contract will be in accordance with ATTACHMENT B-1, FY2021

BUDGET.

3. ATTACHMENT A, STATEMENT OF WORK, is hereby deleted and replaced with ATTACHMENT A-1, REVISED STATEMENT OF WORK.

4. This Amendment shall be effective on January 1, 2021.

5. Except as amended and modified by this Amendment, all terms and conditions of the Contract shall remain in full force and effect.

6. Any further revisions to the Contract shall be by written agreement of the Parties.

Signature Page Follows

DocuSign Envelope ID: CBBB49AC-66E3-4C95-A4D9-FB63A124059F

DRAFT

of 8

SIGNATURE PAGE FOR AMENDMENT NO. 1

SYSTEM AGENCY CONTRACT NO. HHS000686100019

DEPARTMENT OF STATE HEALTH SERVICES HAYS COUNTY HEALTH DEPARTMENT

By: __________________________

Name: _______________________

Title: ________________________

By: __________________________

Name: _______________________

Title: ________________________

Date of Signature: ______________

Date of Signature: ______________

THE FOLLOWING DOCUMENTS ARE ATTACHED AND INCORPORATED AS PART OF THE

CONTRACT:

ATTACHMENT A-1 REVISED STATEMENT OF WORK

ATTACHMENT B-1 FY2021 BUDGET

ATTACHMENT G-1 FFATA

ATTACHMENTS FOLLOW


Hays County Judge

Ruben Becerra

DRAFT

of 8

ATTACHMENT A-1

REVISED STATEMENT OF WORK I. GRANTEE RESPONSIBILITIES

Grantee will:

A. Comply with the most current version of the Tuberculosis Work Plan located at: http://www.dshs.texas.gov/idcu/disease/tb/policies/.

B. Use federal funds under this Contract to support core TB control front-line activities including but not limited to:

1. Directly observed therapy (DOT); 2. Outpatient services (tuberculin skin testing, chest radiography, medical evaluation,

treatment); 3. Contact Investigation; 4. Cohort Review; 5. Surveillance; 6. Reporting; 7. Data analyses; 8. Cluster investigations; and 9. Provider education.

C. Provide a cash match of no less than 20% of the total budget as reflected in the Contract.

D. Provide match at the required percentage or Department of State Health Services (DSHS)

may withhold payments, use administrative offsets, or request a refund from Grantee until the required match ratio is met. No federal or other grant funds can be used as part of meeting the match requirement.

E. Ensure no DSHS funds or matching funds are used for: 1. Medication purchases; 2. Inpatient clinical care (hospitalization services); 3. Entertainment; 4. Furniture; 5. Equipment; and 6. Sectarian worship, instruction, or proselytization.

However, food and incentives are allowed using DSHS funds, but are not allowed for matching funds.

F. Not lapse more than 1% of the total funded amount of the Contract.

G. Maintain and adjust spending plan throughout the Contract term to avoid lapsing funds. During the term of this Contract, DSHS reserves the right to decrease funding amounts as a result of the Grantee’s budgetary shortfalls and/or due to the Grantee lapsing more than 1% of total funds.

H. Maintain staffing levels to meet required activities of the Contract and to ensure all funds in the personnel category are expended.


DRAFT

http://www.dshs.texas.gov/idcu/disease/tb/policies/

of 8

I. Use DSHS-designated data systems available for local entry. All collected TB information

shall be entered into a designated state TB information system, including all data fields on the Report of Verified Case of Tuberculosis (RVCT), TB340, any laboratory results received locally, and any additional clinical information, according to documented timelines and specifications. Data entered into DSHS data systems will be considered submitted to DSHS.

J. Comply with all applicable federal and state statutes and regulations, policies and guidelines, as revised.

II. PERFORMANCE MEASURES

System Agency will monitor the Grantee’s performance of the requirements in Attachment A-1 and compliance with the Contract’s terms and conditions. If Grantee fails to meet any of the performance measures, Grantee will respond to any finding in a written narrative explaining the barriers and the plan to address those barriers. This requirement does not excuse any violation of this Contract, nor does it limit DSHS as to any options available under the Contract regarding breach.

III. INVOICE AND PAYMENT

Grantee will request payment by preparing an invoice and submitting acceptable supporting documentation for reimbursement of the required services/deliverables. Invoices and supporting documentation shall be submitted to DSHS no later than 30 days after the last day of each month.

A. Grantee will request payments using the State of Texas Purchase Voucher (Form B-13) at

http://www.dshs.state.tx.us/grants/forms/b13form.doc. Voucher and any supporting documentation will be mailed or submitted by fax or electronic mail to the address/number below.

Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, TX 78714-9347 FAX: (512) 458-7442 EMAIL: [email protected],gov & [email protected]

B. Grantee will email the Financial Status Report (FSR-269A) and the Match Certification

Form (B-13A) to the following: [email protected] and [email protected]. Grantee must submit final FSR and a reimbursement or final payment request no later than forty-five (45) calendar days following the end of the Contract term.

C. Grantee will be paid on a cost reimbursement basis and in accordance with the Budget in Attachment B-1 of this Contract.


DRAFT

http://www.dshs.state.tx.us/grants/forms/b13form.doc

mailto:[email protected],gov




of 8

IV. PROGRAMMATIC REPORTING REQUIREMENTS

Report Name Frequency Period Begin Period End Due Date

FY20 Annual Narrative Report Annually Jan. 1, 2020 Dec. 31, 2020 April 1, 2021

FY21 Annual Narrative Report Annually Jan. 1, 2021 Dec. 31, 2021 April 1, 2022

Financial Status Report (FSR) & Match Reimbursement/Certification Form (B-13A)

Quarterly Jan. 1, 2021 Mar. 31, 2021 April 30, 2021

FSR & Form B-13A Quarterly April 1, 2021 June 30, 2021 July 31, 2021 FSR & Form B-13A Quarterly July 1, 2021 Sept. 30, 2021 Oct. 31, 2021

FSR & Form B-13A Quarterly Oct. 1, 2021 Dec. 31, 2021 Feb. 15, 2022

Annual Report Submission Instructions:

Submit program reports to the TB Reporting Mailbox at [email protected]. The DSHS TB Program will provide the form and format for the Annual Narrative Report. The Annual Narrative Report will be a separate report for the Grantee and must not be included with reports for the Region.


DRAFT


of 8

ATTACHMENT B-1

FY2021 BUDGET

Grantee: Hays County Health Department Program ID: TB/PC-Federal Contract Number: HHS000686100019

Budget Categories DSHS Funds Cash Match Category Total

Personnel $14,512.00 $1,782.00 $16,294.00

Fringe Benefits $7,785.00 $953.00 $8,738.00

Travel $0.00 $0.00 $0.00

Equipment $0.00 $0.00 $0.00

Supplies $0.00 $0.00 $0.00

Contractual $0.00 $1,725.00 $1,725.00

Other $0.00 $0.00 $0.00

Total Direct Costs $22,297.00 $4,460.00 $26,757.00

Indirect Costs $0.00 $0.00 $0.00

Totals: $22,297.00 $4,460.00 $26,757.00

(Remainder of Page Intentionally Left Blank)


DRAFT

of 8

ATTACHMENT G-1


Hays County Judge

Ruben BecerraDRAFT

of 8


DRAFT

Certificate Of CompletionEnvelope Id: CBBB49AC66E34C95A4D9FB63A124059F Status: Sent

Subject: Amending $53,512; HHS000686100019; Hays County Health Department A-1; DSHS/LIDS/TB-FED

Source Envelope:

Document Pages: 18 Signatures: 0 Envelope Originator:

Certificate Pages: 2 Initials: 0 Texas Health and Human Services Commission

AutoNav: Enabled

EnvelopeId Stamping: Enabled

Time Zone: (UTC-06:00) Central Time (US & Canada)

1100 W. 49th St.

Austin, TX 78756

[email protected]

IP Address: 160.42.85.12

Record TrackingStatus: Original

10/1/2020 10:49:22 AM

Holder: Texas Health and Human Services

Commission

[email protected]

Location: DocuSign

Signer Events Signature TimestampRuben Becerra

[email protected]

Hays County Judge

Hays County

Security Level: Email, Account Authentication (None)

Sent: 10/1/2020 10:57:00 AM

Viewed: 10/5/2020 11:08:50 AM

Electronic Record and Signature Disclosure: Not Offered via DocuSign

Lara Lamprecht

[email protected]



In Person Signer Events Signature Timestamp

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp

Certified Delivery Events Status Timestamp

Carbon Copy Events Status TimestampCMS

[email protected]


Sent: 10/1/2020 10:56:59 AM


Lauren Miller

[email protected]

CMS Branch Manager


Sent: 10/1/2020 10:56:59 AM

Electronic Record and Signature Disclosure:

DRAFT

Carbon Copy Events Status Timestamp Not Offered via DocuSign

Tammy Crumley

[email protected]

Director Hays County Local Health Department

Hays County Local Health Department


Sent: 10/1/2020 10:57:00 AM


Witness Events Signature Timestamp

Notary Events Signature Timestamp

Envelope Summary Events Status TimestampsEnvelope Sent Hashed/Encrypted 10/1/2020 10:57:00 AM

Payment Events Status Timestamps

DRAFT




AGENDA ITEM

Executive Session pursuant to Sections 551.071 and 551.087 of the Texas Government Code: consultation with counsel and deliberation regarding economic development negotiations associated with Project Recoil. Possible discussion and/or action may follow in open Court.


EXECUTIVE SESSION October 13, 2020

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



SHELL N/A

SUMMARY

Summary to be provided in Executive Session.

DRAFT




AGENDA ITEM

Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code: consultation with counsel and deliberation regarding the purchase, exchange or value of Right of Way along proposed FM110 in Pct 1. Possible action to follow in open court.


EXECUTIVE SESSION October 13, 2020

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Kennedy

INGALSBE N/A

SUMMARY

Summary to be provided in Executive Session.

DRAFT

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