presentations & proclamations

Commissioners Court –September 13, 2016 NOTICE OF A MEETING OF THE

COMMISSIONERS COURT OF HAYS COUNTY, TEXAS

This Notice is posted pursuant to the Texas Open Meetings Act. (VERNONS TEXAS CODES ANN. GOV. CODE CH.551). The Hays County Commissioners Court will hold a meeting at 9:00 A.M. on the 13th day of September, 2016, in the Hays County Courthouse, Room 301, San Marcos, Texas. An Open Meeting will be held concerning the following subjects: CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE - Pledge of Allegiance to the American Flag & Pledge of Allegiance to the Texas Flag ROLL CALL

PRESENTATIONS & PROCLAMATIONS 1 4-5 Proclamation declaring September 17-23, 2016 as Constitution Week. CONLEY

2 6-7 Proclamation declaring September 19-25, 2016 as the Kyle Railroad Depot and Heritage Center Week. COBB/JOHNSON

3 8 Presentation by Texas A & M Forest Service Leadership Enrichment Program. CONLEY

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

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

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

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

4 9 Approve payments of county invoices. HERZOG

5 10-16 Approve Commissioner Court Minutes of September 6, 2016 and September 8, 2016. COBB/GONZALEZ

6 17 Authorize Commercial OSSF Permit at 12501 Paul's Valley Rd, Austin, TX, 78736. WHISENANT/MCINNIS

7 18 Authorize the Juvenile Probation Department to accept additional grant funding from the Texas Juvenile Justice Department Contract Amendment No. 8 effective August 31st and amend the budget accordingly. COBB/WILLIAMS

8 19 Authorize Commercial OSSF Permit at 13187 Fitzhugh Road, Austin, Texas, 78736. WHISENANT/MCINNIS

9 20 Ratify the County Judge's acknowledgement of receipt of the NRCS Damage Summary Reports for the Upper San Marcos Watershed dam sites 1-5. COBB/SMITH

10 21-28 Accept the delivery of the Internal Examination Reports for the Constable Precinct 3 and Constable Precinct 5 Offices. COBB/HERZOG

11 29-40 Ratify the County Judge's authorization to execute BKM Floor Plan and Quotes #177990 & 178257 for office furniture for the Justice of the Peace, Precinct 1-2 Office and amend the budget accordingly. COBB/GARZA

12 41-42 Approve the use of certified payments for credit card use in the County Clerk's office. COBB/GONZALEZ

13 43-46 Authorize the County Judge to execute a Subscription Service Agreement with Adventos Corporation for the Sheriff's Office Intelligence Collaboration software. COBB/CUTLER

ACTION ITEMS

ROADS

14 47-67 Discussion and possible action to approve specifications for slurry seal pavement treatment and to issue an Invitation For Bid on a contract to apply slurry seal to the Sierra West, Heritage West, and The Woodlands Subdivisions. WHISENANT/BORCHERDING

15 68-70 Hold a public hearing related to the improvement of Blue Creek Road in Precinct 4 of Hays County, pursuant to Chapter 253 of the Texas Transportation Code. Possible action may follow. WHISENANT

16 71-72

Discussion and possible action, pursuant to Chapter 253 of the Texas Transportation Code, to approve the results of the returned ballots of the property owners who voted on the proposed improvements of River Mountain Road from RM3237 to the cattle guard at the entrance of the River Mountain Ranch subdivision (total of 6,130 lineal feet), which serves the Fox Hole Subdivision, the White Wings Subdivision, the River Mountain Ranch Subdivision, and the Hermosa Paloma Subdivision (now incorporated into the River Mountain Ranch Subdivision) in Precincts 3 and 4 of Hays County. CONLEY/WHISENANT/GONZALEZ

SUBDIVISIONS

17 73-75 SUB-607 Pedernales Views Subdivision (5 lots). Discussion and possible action to approve final plat. WHISENANT/HAIRELL

MISCELLANEOUS

18 76 Discussion and possible action to waive County development fees for the Wimberley Valley Habitat For Humanity. CONLEY

19 77-78 Discussion and possible action to adopt the FY 2017 Holiday Calendar. INGALSBE

20 79-96 Discussion and possible action to authorize the County Judge to execute a Professional Services Agreement with Freese and Nichols for the evaluation and/or inspection of dam structures throughout the county and amend the budget accordingly. COBB/CONLEY/SMITH

21 97-118 Discussion and possible action to authorize payment to the Corporation for National & Community Service for services provided during the Memorial Day 2015 Floods for Emergency Services Function (ESF) #6 - Mass Care. COBB/SMITH

22 119-129 Discussion and possible action to authorize County Judge to sign a PSA with Halff Associates for the development of a county drainage criteria manual and amend the budget accordingly. INGALSBE/LEACH/GARZA

23 130-133

Discussion and possible action to authorize the County Judge to execute a Sanitary Control Easement between Hays County and Crystal Clear Special Utility District related to a water well operated by Crystal Clear Special Utility District on property adjacent to property owned by Hays County. COBB

24 134-135 Hold a public hearing on the FY 2017 proposed tax increase - 1:30 p.m. COBB/HERZOG

EXECUTIVE SESSIONS The Commissioners Court will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel to discuss matters of land acquisition, litigation, and personnel matters as specifically listed on this agenda. The Commissioners

Court may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda.

25 136

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

26 137 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

27 138 Executive Session pursuant to Sections 551.071 of the Texas Government Code: consultation with counsel regarding the Collective Bargaining Agreement between Hays County and the Hays County Law Enforcement Association. Possible action to follow in open court. COBB

28 139 Executive Session pursuant to 551.071 of the Texas Government Code: consultation with counsel(s) regarding pending and/or contemplated litigation involving Hays County. Possible action may follow. COBB

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

to open the item when a need for discussion arises.

29 Discussion of issues related to the Hays County Jail, and the planning of projects pertaining to the public safety facilities needs within the County. Possible action may follow. COBB/CUTLER

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

31 Discussion of issues related to the road bond projects, including updates from Mike Weaver, Prime Strategies, Laura Harris, HNTB and Allen Crozier, HDR. Possible action may follow. COBB

ADJOURNMENT

Posted by 5:00 o'clock P.M. on the 9th day of September, 2016

COMMISSIONERS COURT, HAYS COUNTY, TEXAS

______________________________________________ CLERK OF THE COURT

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

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

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

AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

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

AGENDA ITEM

Proclamation declaring September 17th-23rd, 2016 as Constitution Week.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

PROCLAMATIONS/PRESENTATIONS September 13, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR

CONLEY N/A

SUMMARY 24B49B74B99B124B149B174B199B224BSee attached proclamation.

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Proclamation Declaring September 17th – 23rd 2016 as Constitution Week

WHEREAS, September 17, 2016, marks the 229th Anniversary of the drafting of our Constitution of the United States of America by the Constitutional Convention; and WHEREAS, It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17th – 23rd as Constitution Week ; and WHEREAS, Constitution Week is the perfect opportunity to read and study this document, which is the safeguard of our American freedoms; and NOW THEREFORE, BE IT RESOLVED that the Hays County Commissioners’ Court wishes to recognize

September 17th – 23rd as Constitution Week AND calls upon the people of this county to take the time this week to educate themselves, conduct ceremonies and programs that recognize the strength of our Constitution. Also, to reaffirm the ideals of the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained.

ADOPTED THIS THE 13th DAY OF SEPTEMBER, 2016

Bert Cobb, M.D.

Hays County Judge

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

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

ATTEST: ________________________ Liz Q. Gonzalez Hays County Clerk

5




AGENDA ITEM

Proclamation declaring September 19th-25th, 2016 as the Kyle Railroad Depot and Heritage Center Week.


PROCLAMATIONS/PRESENTATIONS September 13, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Kate Johnson, Chair Person Historical Commission COBB N/A

SUMMARY 25B51B77B103B129B155B181B207B233BSee attached proclamation.

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PROCLAMATION DECLARING SEPTEMBER 19th‐25th, 2016

AS THE KYLE RAILROAD DEPOT AND HERITAGE CENTER WEEK

WHEREAS, the Museums throughout Hays County, Texas and America provide unique

educational and cultural opportunities that significantly enhance our quality of life; and

WHEREAS, Museums play a vital role in preserving our state's rich history, telling stories about

our past while providing insight into our future by maintaining and nurturing historical links;

and

WHEREAS, Preservation of Hays County’s historic buildings and sites is a proven economic development that creates jobs, attracts investment, revitalizes downtowns and neighborhoods, stimulates heritage tourism, fosters new business development and improves the economic climate of communities; and WHEREAS, The tireless volunteers in the Hays County Historical Commission help remind us of the role museums play in raising awareness of our responsibility to preserve our history, culture and natural environment for future generations; and

WHEREAS, On September 25, 2016 the historic 1917 Kyle Railroad Train Depot will once again

be open to serve the public as the Kyle Railroad Depot and Heritage Center, offering a glimpse

of Kyle and train travel in the early 1920’s. Showcasing artifacts collected and staged by the

Hays County Historical Commission including a staged station master’s office, 500 pound bales

of cotton and a short documentary on the founding of Kyle; and

WHEREAS, With the generous donations from the Burdine‐Johnson Foundation, The Chuck

Nash Family and several others along with the cooperation between citizens, local

organizations, the City of Kyle and the County of Hays the 100 year old building once again

stands as a reminder of how one of the fastest growing areas in the United States started out at

an auction with the coming of the train.

NOW, THEREFORE, BE IT RESOLVED that we, the Hays County Commissioners Court, do hereby

proclaim the week of September 19, 2016 through September 25, 2016 as

THE KYLE RAILROAD DEPOT AND HERITAGE CENTER WEEK

ADOPTED THIS THE 13TH DAY OF SEPTEMBER, 2016

________________________________

Bert Cobb, M.D.

Hays County Judge

______________________________ ______________________________

Debbie Gonzales Ingalsbe Mark Jones

Commissioner, Pct. 1 Commissioner, Pct. 2

______________________________ ______________________________

Will Conley Ray Whisenant

Commissioner, Pct. 3 Commissioner, Pct. 4

ATTEST:

________________________

Liz Q. Gonzalez

Hays County Clerk

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AGENDA ITEM

Presentation by Texas A & M Forest Service Leadership Enrichment Program.


CONSENT September 13, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jim Rooni CONLEY N/A

SUMMARY 25B51B77B103B129B155B181B207B233BThe Leadership Enrichment Program would like to address the court to explain their mission. Throughout the process they have been looking at examples of leadership across the state. One of the group's projects of interest was the Blanco River Recovery and the leadership exhibited by Judge Cobb and Commissioner Conley. They met with both during the recovery effort and would like to recognize Judge Cobb and Commissioner Conley formally during this presentation by awarding them each with a partnership medallion.

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AGENDA ITEM

Approve payment of County invoices.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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


Auditor’s Office HERZOG N/A

SUMMARY

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AGENDA ITEM

Approve Commissioner Court Minutes of September 6, 2016 and September 8, 2016.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Gonzalez COBB N/A

SUMMARY

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HAYS COUNTY COMMISSIONERS' COURT MINUTES – SEPTEMBER 6, 2016

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STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 6TH DAY OF SEPTEMBER A.D., 2016, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:

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

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

AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

Rev. Ellen Debenport of the Unity of Wimberley Church gave the invocation and Judge Cobb led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Cobb called the meeting to order. 31809 ADOPT A PROCLAMATION DECLARING SEPTEMBER 2016 AS HUNGER ACTION

MONTH IN HAYS COUNTY A motion was made by Commissioner Whisenant, seconded by Commissioner Conley to adopt a proclamation declaring September 2016 as Hunger Action Month in Hays County. All voting “Aye”. MOTION PASSED 31810 ADOPT A PROCLAMATION DECLARING SEPTEMBER AS PREPAREDNESS MONTH

IN HAYS COUNTY A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to adopt a proclamation declaring September as Preparedness Month in Hays County. All voting “Aye”. MOTION PASSED

31811 APPROVE PAYMENTS OF COUNTY INVOICES A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve payments of county invoices in the amount of $937,921.52 as submitted by the County Auditor. All voting “Aye”. MOTION PASSED 31812 APPROVE COMMISSIONERS COURT MINUTES OF AUGUST 30, 2016 A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve Commissioners Court Minutes of August 30, 2016 as presented by the County Clerk. All voting “Aye”. MOTION PASSED 31813 APPROVE UTILITY PERMITS A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve utility permit #990 issued to Bluebonnet Electric Cooperative on Redwood Road in Pct. 1 and utility permit #991 issued to Pedernales Electric Cooperative on Deerfield Road in Pct. 4 as submitted by the Transportation Department. All voting “Aye”. MOTION PASSED 31814 APPOINT CAITLYN HAIRELL TO REPLACE ROXIE MCINNIS ON THE SAN

MARCOS MAIN STREET PROGRAM BOARD Roxie McInnis has served as the Hays County representative on the Main Street Program Board since September 2014 after replacing Clint Garza. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to appoint Caitlyn Hairell to replace Roxie Mcinnis on the San Marcos Main Street Program Board. All voting “Aye”. MOTION PASSED 31815 APPROVE SPECIFICATIONS FOR IFB 2016-B10 ROAD BUILDING MATERIALS

AND AUTHORIZE PURCHASING MANAGER TO SOLICIT FOR BID AND ADVERTISE

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve specifications for IFB 2016-B10 road building materials and authorize purchasing manager to solicit for bid and advertise. All voting “Aye”. MOTION PASSED

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31816 APPROVE AWARD OF IFB 2016-B09 METAL PIPE TO CONTECH ENGINEERED

SOLUTIONS A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to approve award of IFB 2016-B09 metal pipe to Contech Engineered Solutions. All voting “Aye”. MOTION PASSED 31817 AUTHORIZE THE HISTORICAL COMMISSION TO PURCHASE HISTORICAL

COTTON PLATFORMS FOR THE KYLE DEPOT RESTORATION PROJECT AND AMEND THE BUDGET ACCORDINGLY

The Historical Commission director would like to purchase historical cotton bale platforms to be displayed at the Kyle Depot project. These pieces are historically accurate for the time period of the 1920's. Funds are available in the operating budget to cover this amendment. Amount required $2,000; Line Item number 001-676-00.5719_400; Increase - Misc Equipment; Decrease - Contract Services A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to authorize the historical commission to purchase historical cotton platforms for the Kyle depot restoration project and amend the budget accordingly. All voting “Aye”. MOTION PASSED 31818 AUTHORIZE CONSTABLE PCT. 1 AND CONSTABLE PCT. 3 TO PURCHASE

MICROSOFT SURFACE PRO TABLETS AND TASER INTERNATIONAL IN-CAR AND BODY CAMERA/TASER SYSTEMS FOR LAW ENFORCEMENT POSITIONS THROUGH OUR MASTER SERVICES AGREEMENTS AND AMEND THE BUDGET ACCORDINGLY

On April 12, 2016 the Court authorized a Master Services Agreement with Taser, International for a taser/body camera program and an In-Car Camera System with an Evidence Management System. The Constable's would like to purchase the complete system for LE positions within their departments. The Body Worn Camera and In-Car Camera Systems is a complete end to end solution for capturing, protecting and storing evidence. Body Worn Cameras feature a wireless activation that will trigger the camera when the taser is activated, will automatically record every 60 seconds activity with an over write for blank video and will upload to Evidence.com with unlimited cloud storage which is a secure infrastructure that is CJIS compliant. Once evidence is stored end users will have the ability to, transfer, manage, retrieve or share evidence in a secure environment. The Axon Fleet cameras have HD video with a wide-angle lens for quality recording. They also feature a front and rear facing camera to record critical situations happening in or out of the vehicle. Other features include wireless activation, which will trigger the camera on when the vehicles light bar is activated as well as encrypted recordings to ensure that the data is protected at all times. As with the body camera program, the in-car camera system uploads to Evidence.com. The program also includes equipment and software discounts as well as software upgrades during the five year term. Taser International, Inc.- Texas Buy Board #500-15.; Microsoft Corporation - DIR Contract # DIR-TSO-3373; Budget Amendment: The Constable's Offices were approved replacement laptop/camera systems during the FY16 budget process. Those were provided through another vendor at a considerable higher price and have been returned unused. The funds will be credited back to their Operating budget to cover the majority of cost of this program. The remaining funds will be covered with other offices returned equipment savings. Total credit $47,713; Total used $43,998.; Constable 1 - Total $14,791:; 7 Body Camera's/Tasers = $1,646 5 In-Car Camera Systems = $2,495 5 Tablets w/stands = $10,650; Constable 3 - Total $14,392:; 5 Body Camera's/Tasers = $1,247 5 In-Car Camera Systems = $2,495 5 Tablets w/stands = $10,650. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to authorize Constable Pct. 1 and Constable Pct. 3 to purchase Microsoft Surface Pro tablets and Taser International In-car and Body Camera/Taser Systems for Law Enforcement positions through our master services agreements and amend the budget accordingly. All voting “Aye”. MOTION PASSED 31819 APPROVE THE JUNE - JULY 2016 TREASURER'S REPORTS AND INVESTMENT

REPORTS Approve the June and July Treasurer's Reports and Investment Reports. A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to approve the June - July 2016 Treasurer's reports and investment reports. All voting “Aye”. MOTION PASSED 31820 AUTHORIZE THE TREASURER'S OFFICE TO PURCHASE ONE ADDITIONAL

NOVATIME NT7000 TIME KEEPING CLOCK AND AMEND THE BUDGET ACCORDINGLY

The Treasurer's Office would like to purchase a spare Time Keeping Clock in order to utilize when existing clocks are out of operation until repairs can be completed. Savings have been identified to fund this request. Amount required $2,620.00; Decrease Printing Srvcs 001-620-00.5461 - ($1,600); Decrease Continuing Ed 001-620-00.5551 - ($1,020); Increase Misc Equipment 001-620-00.5719_400 - $2,620. A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to authorize the Treasurer's office to purchase one additional NOVAtime NT7000 Time Keeping Clock and amend the budget accordingly. All voting “Aye”. MOTION PASSED

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31821 AUTHORIZE THE HUMAN RESOURCES OFFICE TO UTILIZE SALARY SAVINGS

FOR CONTINUING EDUCATION EXPENSES RELATED TO THE 3CMA (CITY-COUNTY COMMUNICATIONS & MARKETING ASSOCIATION) CONFERENCE AND AMEND THE BUDGET ACCORDINGLY

The Communications Manager will be attending the 3CMA conference in September held in San Antonio and needs additional funds to cover associated travel costs. This conference offers sessions on social media, video, citizen engagement, ethics, communications planning and advertising from some of the industry’s top experts. Salary savings within the department budget have been identified to fund this request. Amount required $463.00; Decrease Staff Salaries .5021; Increase Cont Ed .5551. A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to authorize the Human Resources Office to utilize salary savings for continuing education expenses related to the 3CMA (City-County Communications & Marketing Association) Conference and amend the budget accordingly. All voting “Aye”. MOTION PASSED 31822 ACCEPTANCE OF ROADS INTO THE COUNTY ROAD SYSTEM, AND RELEASE OF

THE MAINTENANCE BOND #1959443 IN THE AMOUNT OF $114,876.06 FOR REUNION RANCH SUBDIVISION. PHASE 1B

Staff recommends acceptance of the roads into the county road system. The Transportation Department has inspected and approved the punch list repairs. Roads include: the remainder of Emma Loop (1,418 ft.), bringing the final total amount to 3,378 ft., and a segment of Reunion Blvd (3,369 ft.), bringing the current total amount to 5,159 ft. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to approve the acceptance of roads into the county road system, and release of the Maintenance Bond #1959443 in the amount of $114,876.06 for Reunion Ranch Subdivision. Phase 1B. All voting “Aye”. MOTION PASSED 31823 ACCEPTANCE OF ROAD CONSTRUCTION AND DRAINAGE IMPROVEMENTS,

ACCEPTANCE OF THE MAINTENANCE BOND #EAIC881700004 IN THE AMOUNT OF $42,158.17 FOR A 3-YEAR PERIOD ONLY FOR ADOQUIN TRAIL, AND ACCEPTANCE OF THE MAINTENANCE BOND #EAIC881700005 IN THE AMOUNT OF $74,213.52 FOR ALL OTHER ROADS WITHIN STONEFIELD SUBDIVISION., SECTION 10

25B51B7B103B129B15B181B207B23BStaff recommends acceptance of construction of roads and drainage improvements within the County ROW, and all regulatory signage as posted. The punch-list repairs have been completed. There was no construction bond issued to the County. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to approve the acceptance of road construction and drainage improvements, acceptance of the Maintenance Bond #EAIC881700004 in the amount of $42,158.17 for a 3-year period only for Adoquin Trail, and acceptance of the Maintenance Bond #EAIC881700005 in the amount of $74,213.52 for all other roads within Stonefield Subdivision, Section 10. All voting “Aye”. MOTION PASSED 31824 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT SUPPLEMENTAL

NO. 2 WITH PRIME STRATEGIES, INC. FOR PROFESSIONAL PUBLIC EDUCATION EFFORTS RELATED TO THE HAYS COUNTY NOVEMBER 8, 2016 ROAD BOND ELECTION AS PART OF THEIR TXDOT/HAYS COUNTY PARTNERSHIP PROGRAM CONTRACT

A motion was made by Commissioner Conley, seconded by Commissioner Whisenant to authorize the county judge to execute a contract supplemental No. 2 with Prime Strategies, Inc. for professional public education efforts related to the Hays County November 8, 2016 Road Bond Election as part of their TxDOT/Hays County Partnership Program Contract. All voting “Aye”. MOTION PASSED An amended motion was made by Commissioner Conley, seconded by Commissioner Whisenant to fund in FY 2016 out of County-Wide and in FY 2017 out of Contract Services. All voting “Aye”. MOTION PASSED 31825 SUB-631 HEMPHILL SUBDIVISION (1 LOT) APPROVE FINAL PLAT Caitlyn Hairell gave staff recommendation. Hemphill Subdivision is a proposed 1 lot subdivision across 3.5 acres. This proposed subdivision is located off of Pauls Valley Road in Precinct 4. Water service will be provided by private well and rainwater collection. Wastewater treatment will be accomplished by individual on-site sewage facilities. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to approve final plat for SUB-631 Hemphill subdivision (1 lot). All voting “Aye”. MOTION PASSED

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31826 SUB-607 PEDERNALES VIEWS SUBDIVISION (5 LOTS) APPROVE PRELIMINARY

PLAN 25B51B7B103B129B15B181B207B23BPedernales Views Subdivision is a proposed 5 lot subdivision across 43.81 acres. This proposed subdivision is located off of Fitzhugh Road in Precinct 4. Water service will be provided by private wells. Wastewater treatment will be accomplished by individual on-site sewage facilities. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to approve preliminary plan of SUB-607 Pedernales Views Subdivision (5 lots). All voting “Aye”. MOTION PASSED AUTHORIZE THE HUMAN RESOURCES OFFICE TO UTILIZE SALARY AND SAFETY SAVINGS FOR A COUNTY-WIDE MASS NOTIFICATION SOFTWARE SYSTEM AND AMEND THE BUDGET ACCORDINGLY The Alertus Unified Mass Notification System is designed to alert all or select individuals throughout your institution by leveraging all existing available infrastructure and IT assets, along with innovative appliances to serve gaps in coverage. The system follows a simple activation process that provides both comprehensive and immediate emergency alert notification across facilities and is a highly customizable product with flexible display modes and audio/image options. Salary savings/fringe and safety training within the department budget have been identified to fund this request. Dee Dee Baen, Human Resources Director spoke of a County-Wide Mass Notification Software System. Kharley Smith, Emergency Management Director and Lt. Joe Faulkner spoke of different scenarios and the hope that we may never need to use this notification system. Court discussed policy and procedures. Dee Dee Baen will get all the parties involved and come up with a policy and procedures plan and bring this back to the court for their consideration. DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY Judge Cobb gave the Jail Report. Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10% of capacity open. That lowers our capacity to 311. The jail’s daily average was 263 and peak was 272 on September 2nd for the week of August 28 to September 3, 2016. The maximum female capacity is 76 inmates. Last week’s average was 68 and peak was 71 on 8/31/2016. The maximum male capacity is 256 inmates. Last week’s average was 195 and peak was 206 on 9/2/2016. Inmate at Guadalupe County: 89; Inmate at Bastrop County: 27; Inmate at Burnet County: 21; Inmate at Blanco County: 3; Inmate at Gillespie County: 9. ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION Today’s Drought Index: 252. The Burn Ban will remain lifted. Clerk’s Note Agenda Item #22 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, LAURA HARRIS, HNTB AND ALLEN CROZIER, HDR – was pulled A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to adjourn court at 10:08 a.m.

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

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

proceedings had by the Hays County Commissioners’ Court on September 6, 2016.

LIZ Q GONZALEZ, COUNTY CLERK AND EXOFFICIO

CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS

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STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 8TH DAY OF SEPTEMBER A.D., 2016, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN SPECIAL MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:



WITH COMMISSIONER PCT. 2, MARK JONES BEING ABSENT AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

HOLD A PUBLIC HEARING ON THE FY 2017 PROPOSED TAX INCREASE Judge Cobb opened the public hearing. No public input was received. Judge Cobb closed the public hearing. Court recognized Bill Herzog for his over 31 years of service as County Auditor. The next Budget Public Hearing will be on Tuesday September 13, 2016 at 1:30 p.m.

ITEMIZED TAX RATE

Hays County ‐ Fiscal Year 2017

Commissioner's Court Proposed ‐ 08/30/2016

ESTIMATED

PROPERTY TAX TAX

VALUATION FUNDS RATE COLLECTION

16,269,382,421 General M&O 29.16 ¢ 46,492,689

(1 cent = $1,594,399 @ 98% collection)

16,293,339,255 General Debt 12.46 ¢ 19,895,471

(1 cent = $1,596,747 @ 98% collection)

16,401,368,869 Road & Bridge M&O 4.38 ¢ 7,040,124

(1 cent = $1,607,334 @ 98% collection)

Ad Valorem Tax Rate 46.00 ¢

73,428,283

ASSESSED TAXES 74,926,819

Effective Tax Rate 44.65 ¢

Recommended Tax Rate 46.00 ¢

Rollback Tax Rate 49.16 ¢

TAX INCENTIVE PROGRAMS

417,513,819 General M&O 29.16 ¢ 1,217,470

(1 cent = $41,751 @ 100% collection)

393,556,985 General Debt 12.46 ¢ 490,372

(1 cent = $39,356 @ 100% collection)

15


***** *****

201,516,548 Road & Bridge M&O 4.38 ¢ 88,264

(1 cent = $20,152 @ 100% collection)

Ad Valorem Tax Rate 46.00 ¢

1,796,107

TOTAL ASSESSED TAXES

76,722,926

A motion was made by Commissioner Whisenant, seconded by Commissioner Ingalsbe to adjourn court at 10:08 a.m.

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

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

proceedings had by the Hays County Commissioners’ Court on September 8, 2016.

LIZ Q GONZALEZ, COUNTY CLERK AND EXOFFICIO

CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS

16




AGENDA ITEM

Authorize Commercial OSSF Permit at 12501 Paul's Valley Rd, Austin, TX, 78736.


CONSENT September 13, 2016 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Roxie McInnis, Development Services Manager WHISENANT N/A

SUMMARY 26BScott Hemphill is proposing an OSSF to serve 5 office/warehouse buildings. Each building may have up to 2 offices per building and no more than 6 employees per building. This 3.50 acre property is Lot 1 of the Hemphill Subdivision. These buildings will be served by rainwater collection. 27B55B83B111B139B167B195B223B251BThe system designer, Hugo Elizondo, P.E., has designed a treatment system, which consists of a lift station, a flow equalization tank, and an aerobic treatment unit. After treatment, the effluent will be dispersed to a drip irrigation field. The system is designed for a daily usage rate of 300 gallons

17




AGENDA ITEM

Authorize the Juvenile Probation Department to accept additional grant funding from the Texas Juvenile Justice Department Contract Amendment No. 8 effective August 31st and amend the budget accordingly.


CONSENT September 13, 2016 $16,232.00

LINE ITEM NUMBER 001-686-99-027.5361

AUDITOR USE ONLY

AUDITOR COMMENTS: See attached budget amendment

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


Shelly Williams COBB N/A

SUMMARY 28B57B86B115B144B173B202B231B260BThe Texas Juvenile Justice Department awarded the Hays County Juvenile Probation Department an additional $16,232.00 for expenses related to contract detention placement of juveniles in pre/post-adjudication facilities. This additional funding will be distributed through TJJD Grant A (State Aid) and is for expenses incurred between July 1 and August 31, 2016.

18




AGENDA ITEM

Authorize Commercial OSSF Permit at 13187 Fitzhugh Road, Austin, Texas, 78736.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Roxie McInnis, Development Services Manager WHISENANT N/A

SUMMARY 26B54B82B110B138B166B194B222B250BChad Nemec of Blackstone Vineyard Development is proposing an OSSF to serve a 5000 square foot wedding barn that will serve up to 400 visitors every weekend. This property is 111 acres and will be served by a public water supply. 27B55B83B111B139B167B195B223B251BThe system designer, Jon Maass, R.S., has designed a treatment system which consists of a septic tank,a flow equalization tank, and an aerobic treatment unit. After treatment, the effluent will be dispersed by surface application with a maximum daily usage rate of 240 gallons.

19




AGENDA ITEM

Ratify the County Judge's acknowledgement of receipt of the NRCS Damage Summary Reports for the Upper San Marcos Watershed dam sites 1-5.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: NO AUDITOR REVIEW: N/A


Smith COBB N/A

SUMMARY 25B51B77B103B129B155B181B207B233BNRCS conducted site evaluations of the five dam sites and provided Hays County a plan of action for repair.

20




AGENDA ITEM

Accept the delivery of the Internal Examination Reports for the Constable Precinct 3 and Constable Precinct 5 Offices.



LINE ITEM NUMBER N/A

AUDITOR USE ONLY

AUDITOR COMMENTS:



Bill Herzog COBB N/A

SUMMARY 27B55B83B111B139B167B195B223B251BInternal Examination Reports for the Constable Precinct 3 and Constable Precinct 5 Offices are attached.

21




AGENDA ITEM

Ratify the County Judge's authorization to execute BKM Floor Plan and Quotes #177990 & 178257 for office furniture for the Justice of the Peace, Precinct 1-2 Office and amend the budget accordingly.


CONSENT September 13, 2016 $17,852

LINE ITEM NUMBER 001-645-00.5711_700

AUDITOR USE ONLY

AUDITOR COMMENTS: See attached budget amendment.



Clint Garza COBB N/A

SUMMARY 28B64B100B136B172B208B244B280B316BThe Building Maintenance Department is currently working on a re-model at the Government Center for office space for the new Justice of the Peace, Precinct 1-2. The office furniture needed for the Judge's Chambers has been ordered so that the furniture will be received and the office space built out and functional when the new Justice of the Peace takes office. 29B65B101B137B173B209B245B281B317BAttachments: (vendor requires signature acceptance on all attachments) 30B66B102B138B174B210B246B282B318BBKM Quote #177990 - $10,808.66 31B67B103B139B175B211B247B283B319BBKM Quote #178257 - $ 7,042.45 32B68B104B140B176B212B248B284B320BBKM Floor Plan 33B69B105B141B177B213B249B285B321BPossible funding source: 34B70B106B142B178B214B250B286B322BCounty-Wide contingencies - 001-645-00.5399 35B71B107B143B179B215B251B287B323B(Funds budgeted in the FY17 budget for the office furniture can be removed)

29




AGENDA ITEM

Approve the use of certified payments for credit card use in the County Clerk's office.


CONSENT September 13, 2016 NONE

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



GONZALEZ COBB N/A

SUMMARY 26B53B80B107B134B161B188B215B242BThe County Clerk is requesting to continue using Certified Payments as their credit card provider. Certified Payments was charging a 3% convenience fee with a $1.00 minimum for all credit card transactions. They recently lowered their convenience fee to 2.30% with a $1.00 minimum. The convenience fee is passed on to customers.

41




AGENDA ITEM

Authorize the County Judge to execute a Subscription Service Agreement with Adventos Corporation for the Sheriff's Office Intelligence Collaboration software.


CONSENT September 13, 2016 $9,950 - FY17

LINE ITEM NUMBER 001-618-00.5718_700

AUDITOR USE ONLY

AUDITOR COMMENTS:



Sheriff Gary Cutler COBB N/A

SUMMARY 27B59B91B123B155B187B219B251B283BThe Adventos (Smart Force) Software subscription is currently budgeted in the FY17 budget. The Sheriff's Office would like to execute the subscription agreement in order to begin the software build out and training process. There is no fee associated with the build out and training. Therefore, authorizing the vendor to begin this project now will allow for a quicker transition to begin using the product on 10/1. This product will enhance communication and delivery of intelligence as well as increasing accountability for crime reduction. 28B60B92B124B156B188B220B252B284BAttachments: 29B61B93B125B157B189B221B253B285BAdventos Subscription Agreement 30B62B94B126B158B190B222B254B286BFunding source: 31B63B95B127B159B191B223B255B287BFunds are currently budgeted in the FY17 proposed budget for this product

43




AGENDA ITEM

Discussion and possible action to approve specifications for slurry seal pavement treatment and to issue an Invitation For Bid on a contract to apply slurry seal to the Sierra West, Heritage West, and The Woodlands Subdivisions.


ACTION-ROADS September 13, 2016 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding WHISENANT N/A

SUMMARY 26B53B80B107B134B161B188B215B242BThe subdivisions of Sierra West, Heritage West, and The Woodlands have been identified by the County Transportation Department as being good candidates for the application of a slurry seal pavement treatment. Slurry Seal adds an additional layer of pavement similar to chip seal with better surface characteristics more suitable for subdivision roads, which will help preserve the road and lower maintenance costs.

47




AGENDA ITEM

Hold a public hearing related to the improvement of Blue Creek Road in Precinct 4 of Hays County, pursuant to Chapter 253 of the Texas Transportation Code. Possible action may follow.


ACTION-ROADS September 13, 2016 TBD

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Whisenant WHISENANT N/A

SUMMARY 26B53B80B107B134B161B188B215B242BGeneral Counsel and the Director of Transportation will be in attendance to answer any questions of the Court or the public.

68

HAYS COUNTY BALLOT FOR ROAD IMPROVEMENTS

Property Owner of Blue Creek Subdivision – Please indicate your preference for the proposed improvements to Blue Creek Drive by placing an “X” in one of the two boxes, below, and return this ballot to: Liz Q. Gonzalez Hays County Clerk 712 South Stagecoach Trail, Suite 2008 San Marcos, TX 78666 Subdivision Contact: Theresa Tod (512) 762-6262 (email: [email protected])

□ I am…

□ I am not… …in favor of improving Blue Creek Drive within the Blue Creek Subdivision in Hays County, Texas to cause the roadway to comply with Hays County road standards. Regardless of whether I am in favor of these improvements or not, I understand that, if this election results in a majority vote in favor of those improvements:

1) I shall be personally liable for the assessment cited below, which shall be secured by a lien against my real property located in the Blue Creek Subdivision;

2) I shall be required to pay a total assessment not to exceed five-thousand-twenty-six-dollars and

sixty-seven-cents ($5,026.67 USD) for each parcel owned by me that is completely or partially situated in Hays County and listed by Hays Central Appraisal District Property ID in Exhibit “A” (attached hereto and incorporated herein), to be paid over a ten (10) year period with no interest accruing on that not-to-exceed amount. Said payments shall be paid in annual installments of five-hundred-twenty-six-dollars and sixty-seven cents ($502.67 USD), made payable to “Hays County, Texas.” If the actual cost of improvements for the entire project is less than two-hundred-seventy-one-thousand-four-hundred-forty-dollars ($271,440.00 USD), I will only be required to pay my pro rata share of that amount using the payment method cited, above.

3) Hays County shall have the sole right to determine the specifications of the road improvements that are the subject of this Ballot. Once improved, the roads shall be County Roads, and shall be maintained by Hays County.

__________________ Signature of Ballot Holder

__________________ Printed Name of Ballot Holder *The costs assessed to each property owner are a pro rata share of the improvement project’s actual costs divided by 2.*

69

Exhibit “A”

HAYS CAD PROPERTY ID OWNER(S)

NOTE: ONE ASSESSMENT WILL BE CHARGED FOR EACH OF THE PROPERTIES IDENTIFIED BY “’R’ NUMBER” IN THE LIST, ATTACHED HERETO. IF AN INDIVIDUAL IS LISTED TWICE IN THE COLUMN ON THE RIGHT, THEN THAT PERSON WILL BE RESPONSIBLE FOR TWO ASSESSMENTS PER YEAR.

70




AGENDA ITEM

Discussion and possible action, pursuant to Chapter 253 of the Texas Transportation Code, to approve the results of the returned ballots of the property owners who voted on the proposed improvements of River Mountain Road from RM3237 to the cattle guard at the entrance of the River Mountain Ranch subdivision (total of 6,130 lineal feet), which serves the Fox Hole Subdivision, the White Wings Subdivision, the River Mountain Ranch Subdivision, and the Hermosa Paloma Subdivision (now incorporated into the River Mountain Ranch Subdivision) in Precincts 3 and 4 of Hays County.


ACTION-ROADS September 13, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



GONZALEZ CONLEY WHISENANT

SUMMARY 25B51B77B103B129B155B181B207B233BThe Commissioners' Court held a public hearing on August 9, 2016 and agreed to submit ballots to the property owners along River Mountain Road to vote on improving the roadway. The purpose of this request to present the tabulation results of said ballots.

71

HAYS COUNTY BALLOT FOR ROAD IMPROVEMENTS

River Mountain Road ON THIS THE 9TH DAY OF AUGUST A.D., 2016, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:



AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: 31747 HOLD A PUBLIC HEARING AND CALL FOR A VOTE RELATED TO THE

IMPROVEMENTS NECESSARY FOR PUBLIC HEALTH, SAFETY, OR WELFARE OF RESIDENTS OF THE COUNTY FOR RIVER MOUNTAIN ROAD FROM RM 3237 TO THE CATTLE GUARD AT THE ENTRANCE OF THE RIVER MOUNTAIN RANCH SUBDIVISION (TOTAL OF 6,130 LINEAL FEET), WHICH SERVES THE FOX HOLE SUBDIVISION, THE WHITE WINGS SUBDIVISION, THE RIVER MOUNTAIN RANCH SUBDIVISION, AND THE HERMOSA PALOMA SUBDIVISION (NOW INCORPORATED INTO THE RIVER MOUNTAIN RANCH SUBDIVISION) IN PRECINCTS 3 AND 4 OF HAYS COUNTY, PURSUANT TO CHAPTER 253 OF THE TEXAS TRANSPORTATION CODE

Judge Cobb opened public hearing. Public input was received from Greg Germer – Hermosa Paloma Subd. Resident, Kirby Hicks – River Mountain Ranch POA spoke. Judge Cobb closed public hearing. General Counsel and the Director of Transportation will be in attendance to answer any questions of the Court or the public. The HOA of River Mountain Ranch appointed a roads committee that has been working on Chapter 253 proposals for some time. The Court held a public hearing on a more comprehensive proposal in June of this year. The proposal being considered in this Public Hearing (River Mountain Road only) has been refined to accommodate concerns over equity (as well as other legal concerns voiced by some residents).The Director of Transportation will be providing an updated estimate of cost for the improvements needed to bring the roadways up to County road standards. A motion was made by Commissioner Conley, seconded by Commissioner Whisenant to call for a vote related to the improvements necessary for public health, safety, or welfare of residents of the county for River Mountain Road from RM 3237 to the cattle guard at the entrance of the River Mountain Ranch subdivision (total of 6,130 lineal feet), which serves the Fox Hole Subdivision, the White Wings Subdivision, the River Mountain Ranch Subdivision, and the Hermosa Paloma Subdivision (now incorporated into the River Mountain Ranch Subdivision) in Precincts 3 and 4 of Hays County, pursuant to Chapter 253 of the Texas Transportation Code. All voting “Aye”. MOTION PASSED I Liz Q. Gonzalez, County Clerk and Ex-Officio Clerk of the Commissioners’ Court of Hays County, Texas, do hereby certify that the following contains a true and correct copy of the minutes of August 9, 2016 under Resolution #31747 in the Commissioners’ Court Minutes of Hays County, Texas:

Given under MY HAND AND SEAL OF OFFICE AT San Marcos, Texas this the 13th day of September 2016. LIZ Q. GONZALEZ, COUNTY CLERK AND EXOFFICIO CLERK OF THE HAYS COUNTY COMMISSIONERS’ COURT

BY__________________________________

TABULATION RESULTS: As of September 13, 2016 In Favor Against Returned/Unanswered

72




AGENDA ITEM

SUB-607 Pedernales Views Subdivision (5 lots). Discussion and possible action to approve final plat.


ACTION-SUBDIVISIONS September 13, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Caitlyn Hairell WHISENANT N/A

SUMMARY 25B51B77B103B129B155B181B207B233BPedernales Views Subdivision is a proposed 5 lot subdivision across 43.81 acres. This proposed subdivision is located off of Fitzhugh Road in Precinct 4. Water service will be provided by private wells. Wastewater treatment will be accomplished by individual on-site sewage facilities.

73




AGENDA ITEM

Discussion and possible action to waive County development fees for the Wimberley Valley Habitat For Humanity.


ACTION-MISCELLANEOUS September 13, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Rogers Holt CONLEY N/A

SUMMARY 25B51B77B103B129B155B181B207B233BThis is a non-profit community assistance organization that utilizes volunteers to build homes for low income families.

76




AGENDA ITEM

Discussion and possible action to adopt the FY 2017 Holiday Calendar.


ACTION-MISCELLANEOUS September 13, 2016 N/A


AUDITOR USE ONLY

AUDITOR COMMENTS:



Commissioner Ingalsbe INGALSBE N/A

SUMMARY 27B55B83B111B139B167B195B223B251BIn order to schedule court dockets, we have been requested to consider approving our FY 2017 County Holiday Calendar.

77

HAYS COUNTY HOLIDAYS FOR 2017

NEW YEARS ……............................……….. JAN 02 MON

MARTIN LUTHER KING'S BIRTHDAY……… JAN 16 MON

PRESIDENT’S DAY..........................………. FEB 20 MON

GOOD FRIDAY……………………………………. APR 14 FRI

MEMORIAL DAY………………………………… MAY 29 MON

INDEPENDENCE DAY………………………….. JUL 03 MON

JUL 04 TUE

LABOR DAY……………………………………… SEP 04 MON

VETERAN’S DAY……………………………….. NOV 10 FRI

THANKSGIVING…………………………………. NOV 22 WED

NOV 23 THU

NOV 24 FRI

CHRISTMAS....................................…….. DEC 25 MON

DEC 26 TUE

DEC 27 WED

PASSED AND ADOPTED THIS THE 13TH DAY OF SEPTEMBER 2016

HAYS COUNTY COMMISSIONERS’ COURT

________________________________________ County Judge

___________________________________ ________________________________ Commissioner Pct. 1 Commissioner Pct. 2 ___________________________________ ________________________________ Commissioner Pct. 3 Commissioner Pct. 4 ATTEST: ___________________________________ COUNTY CLERK

78




AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute a Professional Services Agreement with Freese and Nichols for the evaluation and/or inspection of dam structures throughout the county and amend the budget accordingly.


ACTION-MISCELLANEOUS September 13, 2016 58,938

LINE ITEM NUMBER Transportation - Materials - 5351

AUDITOR USE ONLY

AUDITOR COMMENTS:



Smith COBB CONLEY

SUMMARY 27B55B83B111B139B167B195B223B251BHays County dams, low water crossings, and impoundment structures saw more than normal volume during the floods of 2013 and 2015, occasionally making contact with flood debris, including vehicles, homes, and trees. Staff feels the increase in flow and possible wear warrants further inspection by Engineers qualified to evaluate and make an assessment for these structures, located throughout Hays County. The Emergency Services, Transportation and Development Services departments will work with Freese and Nichols to complete these safety inspections. Additionally, Freese and Nichols will evaluate the Damage Summary Report drafted by the NRCS on auxiliary spillway and erosion management for the five dams in the Upper San Marcos Watershed.

79

PROFESSIONAL SERVICES AGREEMENT

HAYS COUNTY, TEXAS

HAYS COUNTY, a political subdivision of the State of Texas (hereinafter the " County" ) with administrative offices at 111 E . San Antonio , Suite 300 , San Marcos , Texas 78666 , and Freese and Nichols, Inc . hereinafter " Contractor" ) , whose primary place of business is located at 10431 Morado Circle, Austin, Texas 78759, hereby enter into this Professional Services Agreement (hereinafter "Agreement " ) effective the day of

2016 (hereinafter " Effective Date " ) The County and Contractor (collectively "the parties to this Agreement " or " the parties " ) agree as follows :

1. OVERVIEW Exhibit A- 1 : Perform Dam Safety Inspection in accordance with operation and maintenance guidelines of dam established by Texas Commission on Environmental Quality (TCEQ) as more fully described in Exhibit A-1-Dam Safety Inspections .

Exhibit A- 2 : Perform an engineering peer review of the Damage Survey Reports recently prepared by the Natural Resources Conservation Service (NRCS) , as more fully described in Exhibit A-2- NRCS Damage Survey Report Peer Review .

2 . SERVICES Contractor agrees to perform services for the County in accordance with the County ' s instructions and , in particular , the instructions of Justin Mcinnis and/or legal counsel for the Hays County Commissioners Court ; and in conformance with the descriptions , definitions , terms , and conditions of this Agreement . The Scope of Services shall be limited to those services and terms attached hereto as Exhibit " A" , and any subsections of Exhibit " A" , if as and when they are attached hereto and signed by the parties (collectively " the Work" ) . If the parties to this Agreement amend the Work required under this Agreement (by adding or removing specific services and/or terms enumerated in Exhibits " A" and/or " C" ) , the Compensation cited in Section 5 of this Agreement may also be amended to conform with the change in Scope o f Services , as agreed by the parties .

3. ADDITIONAL TERMS Additional Terms and Obligations of the parties to this Agreement , if any , are stated in Exhibit " C", attached hereto .

Professional Services Agreement - Page 1 of 10 80

4 . DURATION The parties agree that the Work shall be completed as shown in Exhibit A- 1 and Exhibit A- 2 . (hereinafter the " Completion Date " ) . In the event that Contractor is unable to complete the Work by the Completion Date , Contractor shall request an extension of the Completion Date in writing no later than fifteen ( 15) business days prior to the Completion Date . The County may grant extensions of the Completion Date for all reasonable extension requests and shall do so in writing .

5. COMPENSATION Contractor will be compensated for the Work on an hourly- charge basis , the terms of which are cited in Contractors rate schedule , which is attached hereto as Exhibit " B. " Despite any refe r ence to Contractors rate schedule , which shall be used to calculate monthly invoice amounts under this Agreement or a change in the Scope of Services (i . e . Amendment) , the parties agree that the County shall pay Contractor a total lump sum fee for Dam Inspections of FortyNine Thousand Five Hundred Seventy-Eight dollars ($49 , 578 USO) and for the damage assessment peer review a total lump sum fee of Nine Thousand Three Hundred Sixty Dollars ($9 , 360) for the Work under this Agreement .

6 . PAYMENT Contractor shall invoice the County for the Work performed under this Agreement on a monthly basis , beginning at the end of the first full month following the Effective Date . The County agrees to promptly pay all invoices by sending payment to Contractor ' s address stated in Section 8 , below . The County shall owe Contractor an additional one percent (1 %) per month on any unpaid balance , beginning at the end of the first full month following the County ' s receipt of said invoice ( s) and accruing monthly thereafter .

7. NOTICE OF COMPLETION Upon completion of the Work , Contrac tor shall send a Notice of Completion to the County in writing , and the County shall have the option to inspect the Work (or the product thereof) before it is considered complete under this Agreement . If the County is satisfied that the Work under this Agreement is complete , the County shall send Contractor an Acceptance of Completion in writing . If , after inspection , the County does not agree that the Work is complete or believes that the Work is of deficient quality , the County shall send Contractor a Deficiency Letter , stating the specific aspects of the Work that are incomplete and/or deficient . If , after ten ( 10) business days from the County ' s receipt of Contractor ' s Notice of Completion , the County does not send

Professional Serv ices Ag reement - Pa ge 2 of 10 81

Contractor either an Acceptance of Completion or a Deficiency Letter , the Work under this Agreement shall be considered complete .

8. NOTICE (GENERAL) All notices issued by Contractor under or regarding this Agreement shall be provided in writing to the County at : Hays County , Attn : County Judge , 111 E . San Antonio , Suite 300 San Marcos , Texas 78666 ; fax 512 - 392 - 6500 ; bert . cobb@co . hays . tx . us

All notices issued by the County under or regarding this Agreement shall be provided in writing to Contractor at its primary place of business .

Notices from one party to another under this Section may be made by U. S . Mail , parcel post , Facsimile , or Electronic Mail , sent to the designated contact at any of the designated addresses cited above .

9 . INSURANCE Contractor agrees that , during the performance of all terms and conditions of this Agreement , from the Effective Date until the County ' s acceptance of Contractor ' s Notice of Completion or until this Agreement is otherwise considered completed as a matter of law , Contractor shall maintain Commercial General Liability insurance that meets or exceeds the industry standard for professional services providers in Contractor ' s field of employment and for the type of services that are being performed by Contractor under this Agreement .

10. MUTUAL INDEMNITY Contractor agrees , to the fullest extent permitted by law , to indemnify and hold harmless the County , its off ice rs , directors and employees against all damages , liabilities or costs , including reasonable attorneys ' fees and defense costs , to the extent caused by Contractor ' s negligent performance of the Work under this Agreement and that of its subcontractors or anyone for whom the Consultant is responsible or legally liable .

The County agrees , to the fullest extent permitted by law , to indemnify and hold harmless Contractor , its officers , directors , employees and subcontractors against all damages , liabilities or costs , including reasonable attorneys ' fees and defense costs , to the extent caused by the County ' s negligent acts in connection with this Agreement .

Pr o f essional Services Agreement - Page 3 of 10 82

Neither the County nor Contractor shall be obligated to indemnify the other party in any manner whatsoever for the other party ' s negligence .

11. COMPLIANCE WITH LAWS Each party agrees to comply with all laws , regulations , rules , and ordinances applicable to this Agreement and/or applicable to the parties performing the terms and conditions of this Agreement .

12. SURVIVAL Notwithstanding any termination of this Agreement , the following Sections , and the terms and conditions contained therein , shall remain in effect : 3 , 5 , 8 , 10 , 12 , 14 , 15 , 16 , 17 , 18 , 20 , 21 and 22 .

13. FORCE MAJEURE Either of the parties to this Agreement shall be excused from any delays and/or failures in the performance of the terms and conditions of t h is agreement , to the extent that such delays and/or failures result from causes beyond the delaying/failing party ' s reasonable control , including but not limited to Acts of God , Forces of Nature , Civil Riot or Unrest , and Governmental Action that was unforeseeable by all parties at the time of the execution of this Agreement . Any delaying/failing party shall , with all reasonable diligence , attempt to remedy the cause of delay and/or failure and shall recommence all remaining duties under this Agreement within a reasonable time of such remedy .

14 . SEVERABILITY If any Section or provision of this Agreement is held to be invalid or void , the other Sections and provisions of this Agreement shall remain in full force and effect to the greatest extent as is possible , and all remaining Sections or provisions of this Agreement shall be construed so that they are as consistent with the parties ' intents as possible .

15 . MULTIPLE COUNTERPARTS This Agreement may be executed in several counterparts , all of which taken together shall constitute one single Agreement between the parties .

16 . SECTION HEADINGS, EXHIBITS The Section and Subsection headings of this Agreement , as well as Section 1 , Entitled " Overview , " shall not enter in the interpretation of the terms and conditions contained herein , as those portions of the Agreement are included merely for organization and ease of review . The Exhibit ( s) that may be


referred to herein and may be attached hereto , are incorporated herein to the same extent as if fully set forth herein.

17. WAIVER BY PARTY Unless otherwise provided in writing by the waiving party , a waiver by either of t h e parties to this Agreement of a ny covenant , term , condition , agreement , right , or duty that arises under this Agreement shall be considered a one - time waiver and shall not be construed to be a waiver of any succeeding breach thereof or any other covenant , term , condition , agreement , right , or duty that arises under this Agreement .

18. GOVERNING LAW AND VENUE THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS . Any lawsuit , claim , or action , whether in law or in equity , arising from this Agreement will be brought in Hays County , Texas .

19. ASSIGNMENT Neither party to this Agreement may assign it duties , interests , rights , benefits and/or obligations under this Agreement , in whole or in part , without the other party ' s prior written consent thereto .

20. BINDING EFFECT Subject to any provisions hereof restricting assignment , this Agreement shall be binding upon and shall inure to the benefit of the parties hereto , and their respective successors , permitted assigns , heirs , executors , and/or administrators .

21. ENTIRE AGREEMENT; AMENDMENT This Agreement (including any and all Exhibits attached hereto) constitutes the entire agreement between the parties hereto with respect to the subject matter hereof . Any amendments to this Agreement must be made in writing and signed by the parties to this Agreement prior to the performance of any terms or conditions contained in said amendments .

22 . WORK PRODUCT Any and all product , whether in the f orm of calculations , letters , findings , opinions , or the like , shall be the property of Hays County during and after performance of the Work . Contractor shall have a right to retain a copy of all Work product for recordkeeping purposes .


23. TERMINATION BY COUNTY This Agreement may be terminated by Hays County , for any reason whatsoever , by providing thirty (30) days written notice to Contractor . Any approved services provided under this Agreement up to the date of termination may be invoiced by Contractor after the termination date , and payment of said invoice shall not be unreasonably withheld by the County .

Signatures by the parties to this Pro£essiona1 Services Agreement £o11ow on the next page.


IN WITNESS WHEREOF , the undersigned have duly executed and delivered this Professional Services Agreement , and hereby declare that THEY HAVE READ AND DO UNDERSTAND AND AGREE TO EACH AND EVERY TERM , CONDITION , AND COVENANT CONTAINED IN THIS AGREEMENT AND IN ANY DOCUMENT INCORPORATED BY REFEREN CE .

Hays County , Texas

By : Bert Cobb M. D. Hays County Judge

Professional Services Agreement - Page 7 of 10

Freese and Nichols , Inc .

By : Victor M. Vasquez , P . E . Principal

86

EXHIBIT A-1 and Exhibit A-2

Scope of Work


EXHIBIT A-1

Dam Safety Inspections

PROJECT UNDERSTANDING : Freese and Nichols, Inc. (FNI) is pleased to submit this scope of work for providing professional engineering services to Hays County (County). This scope consists of engineering inspections and is in response to our meeting and site visits on August 4, 2016. The County's goal is to document present condition of the dams, compare findings with previous inspections, and identify conditions that may require further evaluation . In the performance of the work , FNI will utilize its extensive experience in dam safety and knowledge of the Natural Resources Conservation Service (NRCS) and Texas Commission on Environmental Quality (TCEQ) guidelines for inspections. A total of 11 dams will be inspected as described in the following sections.

SCOPE OF SERVICES

FNI shall perform a dam safety inspection in accordance with operation and maintenance guidelines of dams established by TCEQ for the following dams:

1. Lake Laurel Dam (TX04658) 2. Five Mile Dam (Hays County Park

Lake Dam , TX04659) 3. Rolling Oaks Drive Dam 4. Bell Springs Road Dam 5. Trautwein Road Dam 6. Garrison Road Dam 7. Upper San Marcos River WS SCS

Site 1 (TX05945)

8. Upper San Marcos River WS SCS Site 2 (TX06328)



11 . Upper San Marcos River WS NRCS Site 5 (TX07247)

The inspections will assess the general condition of each dam and its appurtenances based on review of available data provided by the County and onsite visual inspection by an experienced dam eng ineering team. Tasks to be performed as part of the inspection include:

1. Perform project management and quality control/quality assurance as necessary for the Project.

2. Review existing documentation made available by the County prior to the inspection and identify areas of interest that were identified in previous inspections that will require County's input. Documents to be reviewed for each dam, if available, include:

a. As-built or record drawings b. Two most recent Dam Safety Inspection Reports c. Two most recent Operation & Maintenance Reports or Maintenance Inspection

Reports d. Current Emergency Action Plan e. 2015 Watershed Structure Special Storm Inspection Report f. 2016 Damage Survey Report g. Hydrologic and hydraulic (H&H) Analysis Reports by Halff and Associates or

NRCS

Exhibit A-1 Page 1

88

3. Develop inspection plan (brief memorandum) for the upcoming inspections, including detailed schedule of field activities and support/logistics required from County personnel.

4. Participate in a meeting with County personnel (via conference call) to discuss memorandum and coordinate support requirements during inspections.

5. Perform an inspection of each dam following TCEQ Dam Safety Inspection guidelines. Key areas to be addressed during these inspections include:

a. Visua lly assess the general cond ition of the dams and appurtenances. The visual inspection will be performed from readily accessible locations which do not require climbing gear or fall protection.

b. Collect general measurements of key components of the structures as deemed necessary. Areas to be checked as applicable to each dam include:

i. Crest of dam or embankment ii . Upstream face or embankment slope iii . Downstream face or embankment slope iv. Seepage on downstream face or slope v. Downstream hazard conditions vi. Principal spillway or service inlet structure vii. Principal spillway or service outlet structure and plunge pool viii . Auxi liary or emergency spillway ix. Reservoir area immediately upstream / downstream

c. Document areas of noted deterioration , distress or disrepair. Take note of visible seepage, boils , erosion, rutting , cracks, open joints, spalls , animal activity , overgrown vegetation , signs of instability, etc. When observed , identify any significant structural or maintenance and operational concerns that need to be addressed .

6. Develop summary of observations and a photo log of key items noted during the inspections.

7. Provide one draft report documenting observations for review. The report will be in a format similar to inspection reports performed by TCEQ Dam Safety. The report will document background , the current eva luation , findings of data review, downstream (flood) hazards, maintenance recommendations , recommendations for repair, and suggestions for improvement. Report will be provided in electronic form (PDF).

8. Participate in in-person meeting with County staff to discuss their comments and inspection findings.

9. Address comments from Hays County on the draft report and prepare a final copy. Three bound copies and one electronic copy (PDF) of the final inspection report will be provided for record .

Exh ibi t A-1 - Dam Inspections Page 2

89

TIME OF COMPLETION

FNI is authorized to commence work on Services upon execution of an Agreement and receipt of a notice to proceed. The draft inspection and assessment reports will be provided to Hays County in accordance with the attached schedule.

If FNl 's services are delayed through no fault of FNI , FNI shall be entitled to equitable adjustment of compensation and FNI shall be entitled to adjust contract schedule consistent with the number of days of delay.

SERVICES PROVIDED BY HAYS COUNTY

1. Assist FNI by placing at FNl 's disposal all available information pertinent to the project including documents listed for review and any other relevant data.

2. Coord inate and arrange for FNI to access the dam sites as required for FNI to perform services.

3. Perform maintenance required/necessary to facilitate visual site inspection. Maintenance includes removal of overgrown vegetation or obstructions that prevent observations of key elements of the dams.

4. Provide input and comments on reports , as appropriate.

DESIGNATED REPRESENTATIVES

FNI and the County designate the following representatives :

FNI Project Manager:

County Representative:

FNI Accounting Representative:

Dustin Mortensen, P.E. 10431 Morado Circle, Suite 300 Austin , TX 78759 (512) 617-3137 [email protected]

Justin Mcinnis 2171 Yarrington Road San Marcos, TX 78666 (512) 393-7396 justin. mcinnis@co. hays.tx.us

Billy Metzger 10431 Morado Circle , Suite 300 Austin, TX 78759 (512) 617-3177 [email protected]

Exhibit A-1 - Dam Inspections Page 3

90

ID

Jo !Task Mode

Task Name !Du ration !Start Finish ,,. 2 I ~

~

~

~

~

~

~

~

lD ~

11 ~

12 ~

13 ~

14 ~

15 ~

16 ~

17 ~

18 ~

Perform project 57 days management and QA/QC

County

Perform inspections of 3 days NRCS Dams (5 dams)

Perform inspections of 3 days Non-NRCS Dams (6 dams)

Summarize observations and prepare photo

log/figures

Prepare draft inspection

reports (11 to tal)

Perform internal QC of reports and update

Participate in call with County

5 days

14 days

3 days

... 1 day

Finalize inspection reports 11 days

Project: 2016-08-31 Inspection Sc

Date: Wed 8/31/16 Split

Milestone

Thu 9/15/16 Fri 12/2/16

Mon 10/10/16

Wed 10/12/16

Thu 10/13/16 Mon 10/17/16

Tue 10/18/16 Mon 10/24/16

Tue 10/18/16 Fri 11/4/16

Mon 11/7/16 Wed 11/9/16

Thu 11/17/16 Thu 11/17/16 '

Fri 11/18/16 Fri 12/2/16

, , , "",,., .. ,,, , , ,," Project Summary

• External Tasks

HAYS COUNTY DAM SAFETY INSPECTIONS

9/ 28 r··· ~ .... ,. ,,_ .. ·-·· ••.,...""'""'"'lspectlons of NRCS Dams (5 dams)

Perform inspections of Non-NRCS Dams (6 dams)

11/9

External Milestone

Inactive Task

Inactive Milestone

• Inact ive Summary

Manual Task

Duration -only

v -0 Manual Summary Rollup ,,_ Finish-only

E:XHIBI T A-1 Dam Inspections Page 4

Manual Summary

Start-only

Deadline

Progress

12/2

Submit final reports to County

+

Freese and Nichols, Inc. Wed 8/31/16

91

Exhibit A-2

Peer Review of the Damage Survey Reports

PROJECT UNDERSTANDING: Hays County (County) has asked FNI to perform an engineering peer review of the Damage Survey Reports recently prepared by the Natural Resources Conservation Service (NRCS) . In the performance of the work , FNI will utilize its extensive experience in dam design , dam rehabilitation , and dam construction .

SCOPE OF SERVICES

NRCS has prepared Damage Survey Reports for the five (5) dams sponsored by the Upper San Marcos Watershed District in Hays County as listed below:

• Upper San Marcos River WS SCS Site 1 (TX05945) • Upper San Marcos River WS SCS Site 2 (TX06328) • Upper San Marcos River WS SCS Site 3 (TX06432) • Upper San Marcos River WS SCS Site 4 (TX06329) • Upper San Marcos River WS SCS Site 5 (TX07247)

FNI shall perform a peer review of these engineering reports by performing the following tasks:

A. Perform project management and quality control/quality assurance as necessary for the Project.

B. Review Damage Survey Reports prepared by NRCS for the Upper San Marcos Watershed District Dam. Tasks to be performed as part of the review include:

1. Review reports for general completeness. 2. Comment on feasibility of recommended repairs. 3. Review general completeness of engineering cost estimate and compare unit pricing

with FNl 's internal cost data for dam construction projects.

C. Summarize comments in a draft memorandum.

D. Perform internal quality control review of draft memo. Address QC comments and submit draft report for County's review.

E. Participate in a conference call with County to discuss findings of peer review.

F. Address County's comments and submit final memorandum .

TIME OF COMPLETION

FNI is authorized to commence work on Services upon execution of an Agreement and receipt of a notice to proceed. The draft memorandum will be provided to Hays County within three (3) weeks (15 business days) of the receipt of the notice to proceed and documents to be reviewed. The final report will be provided within one (1) week (five (5) business days) upon receipt of the comments from the County.

Exhibit A-2 - Damage Survey Reports Peer Review by the NRCS Page 1

92

If FNl 's services are delayed through no fault of FNI , FNI shall be entitled to equitable adjustment of compensation and FNI shall be entitled to adjust contract schedule consistent with the number of days of delay.

SERVICES PROVIDED BY HAYS COUNTY

1. Assist FNI by placing at FNl 's disposal all available information pertinent to the Project including Damage Survey Reports and other data relevant to FNl 's effort.

2. Provide input and comments on reports , as appropriate.

DESIGNATED REPRESENTATIVES

FNI and the County designate the following representatives:

1. FNI Project Manager:

2. County Representative:

3. FNI Accounting Representative:

Dustin Mortensen, P.E. 10431 Morado Circle, Suite 300 Austin , TX 78759 (512) 617-3137 [email protected]

Justin Mcinnis 2171 Yarrington Road San Marcos, TX 78666 (512) 393-7396 [email protected]

Billy Metzger 10431 Morado Circle, Suite 300 Austin , TX 78759 (512) 617-3177 [email protected]

Exhibit A-2 - Damage Survey Reports Peer Review by the NRCS Page 2

93

EXHIBIT B

Fee Schedule

Professional Services Agreement - Page 9 of 10

l 94

EXHIBIT B

COMPENSATION

Compensation to FNI shall be the lump sums shown in Exhibit A-1 and Exhibit A-2. If FNI sees the Scope of Services changing so that additional services are needed , FNI will notify OWNER for OWNER'S approval before proceeding. Additional Services shall be computed based on the Schedule of Charges.

Schedule of Charges:

Position Professional - 1 Professional - 2 Professional - 3 Professional - 4 Professional - 5 Professional - 6 Construction Manager - 1 Construction Manager - 2 Construction Manager - 3 Construction Manager - 4 CAD Technician/Designer - 1 CAD Technician/Designer - 2 CAD Technician/Designer - 3 Corporate Project Support - 1 Corporate Project Support - 2 Corporate Project Support - 3 Intern/ Coop

Rates for In-House Services Technology Charge $8.50 per hour

Travel Standard IRS Rates

OTHER DIRECT EXPENSES:

Rate 107 130 146 169 197 225

85 111 131 164

91 117 145 87

105 139 53

Bulk Printing and Reproduction B&W

Small Format (per copy) $0.10 Large Format (per sq . ft .)

Bond

Glossy/ Mylar

Vinyl / Adhesive

$0 .25 $0 .75 $1.50

Mounting (per sq. ft .) $2 .00 Binding (per binding) $0.25

Color $0.25

$0.75 $1.25 $2.00

Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. They include outside printing and reproduction expense , communication expense, travel , transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work requi red to be done by independent persons other than staff members. For Res ident Representative services performed by non-FN I employees and CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be bi lled at cost times a multipl ier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services.

These rates are subject to annual adjustment. Last Updated February 2015. 1022015

95

-- EXHIBIT "C" --

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

A. N/A

B.

C.

D.

E.

F. ------------------------------------------

G.

H. ------------------------------------------

I.

J. ------------------------------------------

K. ------------------------------------------

L.





AGENDA ITEM

Discussion and possible action to authorize payment to the Corporation for National & Community Service for services provided during the Memorial Day 2015 Floods for Emergency Services Function (ESF) #6 - Mass Care.


ACTION-MISCELLANEOUS September 13, 2016 11,233.37

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Smith COBB N/A

SUMMARY 26B54B82B110B138B166B194B222B250BCNCS assisted in volunteer oversight and clean-up activities throughout San Marcos and Wimberley areas during the 2015 Memorial Day floods as needed. The cost will be split between Hays County and San Marcos. Supporting FEMA documentation is attached. 27B55B83B111B139B167B195B223B251BPossible funding source: County Wide contingencies

97




AGENDA ITEM

Discussion and Possible Action to authorize County Judge to sign a PSA with Halff Associates for the development of a county drainage criteria manual and amend the budget accordingly


ACTION-MISCELLANEOUS September 13, 2016 25000.00

LINE ITEM NUMBER 020-710-00.5448_008

AUDITOR USE ONLY

AUDITOR COMMENTS: See attached budget amendment

PURCHASING GUIDELINES FOLLOWED: YES AUDITOR REVIEW: BILL HERZOG


Leach/Garza INGALSBE N/A

SUMMARY 28B60B92B124B156B188B220B252B284BHalff Associates, if approved, shall begin the development of a County Drainage Manual, which will be used to standardize the methodology used for the design and regulation of detention, retention, conveyance, erosion control, and other facets of hydraulics and hydrology as they apply to construction in Hays county. 29B61B93B125B157B189B221B253B285BBudget Amendment: 30B62B94B126B158B190B222B254B286BIncrease Contract Services Consultant 020-710-00.5448_008 - $25,000 31B63B95B127B159B191B223B255B287BDecrease Equipment Maintenance and Repair 020-710-00.5411 - ($25,000)

119

PROFESSIONAL SERVICES AGREEMENT HAYS COUNTY, TEXAS

HAYS COUNTY, a political subdivision of the State of Texas (hereinafter the “County”) with administrative offices at 111 E. San Antonio, Suite 300, San Marcos, Texas 78666, and –_Halff Associates, Inc.__hereinafter “Contractor”), whose primary place of business is located at__4030 West Braker Lane, Suite 450, Austin, TX 78759_, hereby enter into this Professional Services Agreement (hereinafter “Agreement”) effective the ___ day of _________, 2016 (hereinafter “Effective Date”). The County and Contractor (collectively “the parties to this Agreement” or “the parties”) agree as follows: 1. OVERVIEW Contractor has been requested by the County to perform professional services related to the initial Phase 1 development of a County Drainage Criteria Manual. 2. SERVICES Contractor agrees to perform services for the County in accordance with the County’s instructions and, in particular, the instructions of __ ____ and/or legal counsel for the Hays County Commissioners Court; and in conformance with the descriptions, definitions, terms, and conditions of this Agreement. The Scope of Services shall be limited to those services and terms attached hereto as Exhibit “A”, and any subsections of Exhibit “A”, if as and when they are attached hereto and signed by the parties (collectively “the Work”). If the parties to this Agreement amend the Work required under this Agreement (by adding or removing specific services and/or terms enumerated in Exhibits “A” and/or “C”), the Compensation cited in Section 5 of this Agreement may also be amended to conform with the change in Scope of Services, as agreed by the parties. 3. ADDITIONAL TERMS Additional Terms and Obligations of the parties to this Agreement, if any, are stated in Exhibit “C”, attached hereto. 4. DURATION The parties agree that the Work shall be completed _one hundred days_ (_100_) days after commencement date. (hereinafter the “Completion Date”). In the event that Contractor is unable to complete the Work by the Completion Date, Contractor shall request an extension of the Completion Date in writing no later than fifteen (15) business days prior to the Completion Date.


The County may grant extensions of the Completion Date for all reasonable extension requests and shall do so in writing. 5. COMPENSATION Contractor will be compensated for the Work on an hourly-charge basis, the terms of which are cited in Contractors rate schedule, which is attached hereto as Exhibit “B.” Despite any reference to Contractors rate schedule, which shall be used to calculate monthly invoice amounts under this Agreement or a change in the Scope of Services (i.e. Amendment), the parties agree that the County shall pay Contractor a total fee not to exceed __twenty-five thousand dollars ($_25,000.00_ USD) for the Work under this Agreement. 6. PAYMENT Contractor shall invoice the County for the Work performed under this Agreement on a monthly basis, beginning at the end of the first full month following the Effective Date. The County agrees to promptly pay all invoices by sending payment to Contractor’s address stated in Section 8, below. The County shall owe Contractor an additional one percent (1%) per month on any unpaid balance, beginning at the end of the first full month following the County’s receipt of said invoice(s) and accruing monthly thereafter. 7. NOTICE OF COMPLETION Upon completion of the Work, Contractor shall send a Notice of Completion to the County in writing, and the County shall have the option to inspect the Work (or the product thereof) before it is considered complete under this Agreement. If the County is satisfied that the Work under this Agreement is complete, the County shall send Contractor an Acceptance of Completion in writing. If, after inspection, the County does not agree that the Work is complete or believes that the Work is of deficient quality, the County shall send Contractor a Deficiency Letter, stating the specific aspects of the Work that are incomplete and/or deficient. If, after ten (10) business days from the County’s receipt of Contractor’s Notice of Completion, the County does not send Contractor either an Acceptance of Completion or a Deficiency Letter, the Work under this Agreement shall be considered complete. 8. NOTICE (GENERAL) All notices issued by Contractor under or regarding this Agreement shall be provided in writing to the County at: Hays County, Attn: County Judge, 111 E. San Antonio, Suite 300 San Marcos, Texas 78666; fax 512-392-6500; [email protected]


mailto:[email protected]

All notices issued by the County under or regarding this Agreement shall be provided in writing to Contractor at its primary place of business. Notices from one party to another under this Section may be made by U.S. Mail, parcel post, Facsimile, or Electronic Mail, sent to the designated contact at any of the designated addresses cited above. 9. INSURANCE Contractor agrees that, during the performance of all terms and conditions of this Agreement, from the Effective Date until the County’s acceptance of Contractor’s Notice of Completion or until this Agreement is otherwise considered completed as a matter of law, Contractor shall maintain Commercial General Liability insurance that meets or exceeds the industry standard for professional services providers in Contractor’s field of employment and for the type of services that are being performed by Contractor under this Agreement. 10. MUTUAL INDEMNITY Contractor agrees, to the fullest extent permitted by law, to indemnify and hold harmless the County, its officers, directors and employees against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by Contractor’s negligent performance of the Work under this Agreement and that of its subcontractors or anyone for whom the Consultant is responsible or legally liable. The County agrees, to the fullest extent permitted by law, to indemnify and hold harmless Contractor, its officers, directors, employees and subcontractors against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the County's negligent acts in connection with this Agreement. Neither the County nor Contractor shall be obligated to indemnify the other party in any manner whatsoever for the other party's negligence. 11. COMPLIANCE WITH LAWS Each party agrees to comply with all laws, regulations, rules, and ordinances applicable to this Agreement and/or applicable to the parties performing the terms and conditions of this Agreement. 12. SURVIVAL Notwithstanding any termination of this Agreement, the following


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


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


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


EXHIBIT “A” Scope of Work Purpose: Halff Associates, Inc., if approved, will initiate the development of a County Drainage Criteria Manual (DCM), which will be used to standardize the methodology used for the design and regulation of detention, retention, conveyance, erosion control, and other facets of hydrology and hydraulics as they apply to county roads and subdivisions. Scope of Work: Phase 1

Task 1: Outline Key Elements At the direction of the County, develop an outline of key elements for the County Drainage Manual. Key elements will include the methodologies of hydrology and floodplain hydraulics established for the Hays County-wide Flood Protection Planning efforts and incorporation of the TxDOT Hydraulic Manual. In addition, this task will also include benchmarking Drainage Criteria Manuals of surrounding communities for information purposes.

Task 2: Shareholder Coordination At the direction of the County, establish a DCM Shareholder Group comprising of elected officials, County staff, developers, and engineers. The shareholder group could be subdivided into a Technical and Administrative working groups. Assist the County in conducting no more than a total of four (4) meetings with the Shareholders to discuss and finalize the key elements of the County DCM. Task 3: Draft Drainage Manual At the direction of the County and the Shareholder group, develop a preliminary draft DCM to be advanced to a final document in a future phase. Note, the draft DCM will not be an all-encompassing final document. The draft document shall include a detail Table of Contents and variable level of detail for individual chapters.

Deliverables:

1. Benchmarking summary. 2. Four (4) Shareholder Meetings with Supporting Data 3. Draft County Drainage Criteria Manual

Note: Completion of the Final Drainage Criteria Manual will be performed under Phase 2 and will not be authorized at this time.


EXHIBIT “B”

Fee Schedule

TASK TOTAL BUDGET

Task 1: Outline Key Elements $5,000 Task 2: Shareholder Coordination $12,000 Task 3: Draft Criteria Drainage Manual $8,000

TOTAL $25,000

Rate Schedule

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


EXHIBIT “C”

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

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

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

C. ______________________________________________________________________________________________________________________________

D. ______________________________________________________________________________________________________________________________

E. ______________________________________________________________________________________________________________________________


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

TASK NAME Duration

(days) Start Finish NOTICE TO PROCEED 1 5-Sep-16

Task 1: Outline Key Elements 20 5-Sep-16 3-Oct-16 Task 2: Shareholder Coordination 40 3-Oct-16 28-Nov-16 Task 3: Draft Drainage Manual 40 28-Nov-16 23-Jan-17





AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute a Sanitary Control Easement between Hays County and Crystal Clear Special Utility District related to a water well operated by Crystal Clear Special Utility District on property adjacent to property owned by Hays County.


ACTION-MISCELLANEOUS August 16, 2016 N/A


AUDITOR USE ONLY

AUDITOR COMMENTS:



COBB COBB N/A

SUMMARY 27B55B83B111B139B167B195B223B251BSee the attached Sanitary Control Easement.

130




AGENDA ITEM

Hold a public hearing on the FY 2017 proposed tax increase - 1:30 p.m.


ACTION-MISCELLANEOUS September 13, 2016 N/A


AUDITOR USE ONLY

AUDITOR COMMENTS:



Bill Herzog, CPA COBB N/A

SUMMARY 27B56B85B114B143B172B201B230B259BAttachment: FY 2017 Itemized Tax Rate 28B57B86B115B144B173B202B231B260BNote: Announce public hearing to vote on proposed tax increase and proposed budget - September 20th @ 1:30 p.m. at the Commissioner's Courtroom, 111 E. San Antonio Street, 3rd Floor.

134

ESTIMATED

PROPERTY TAX TAX

VALUATION FUNDS RATE COLLECTION

16,269,382,421 General M&O 29.16 ¢ 46,492,689

(1 cent = $1,594,399 @ 98% collection)

16,293,339,255 General Debt 12.46 ¢ 19,895,471

(1 cent = $1,596,747 @ 98% collection)

16,401,368,869 Road & Bridge M&O 4.38 ¢ 7,040,124 (1 cent = $1,607,334 @ 98% collection)

Ad Valorem Tax Rate 46.00 ¢ 73,428,283

ASSESSED TAXES 74,926,819

Effective Tax Rate 44.65 ¢

Recommended Tax Rate 46.00 ¢

Rollback Tax Rate 49.16 ¢

417,513,819 General M&O 29.16 ¢ 1,217,470

(1 cent = $41,751 @ 100% collection)

393,556,985 General Debt 12.46 ¢ 490,372

(1 cent = $39,356 @ 100% collection)

201,516,548 Road & Bridge M&O 4.38 ¢ 88,264

(1 cent = $20,152 @ 100% collection)

Ad Valorem Tax Rate 46.00 ¢ 1,796,107

TOTAL ASSESSED TAXES 76,722,926

ITEMIZED TAX RATE

Hays County ‐ Fiscal Year 2017

Commissioner's Court Proposed ‐ 08/30/2016

TAX INCENTIVE PROGRAMS

135




AGENDA ITEM

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


EXECUTIVE SESSION September 13, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Baen COBB N/A

SUMMARY 25B51B77B103B129B155B181B207B233BRe-occurring on 9/20 and 9/27/16 as needed

136




AGENDA ITEM

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


EXECUTIVE SESSION September 13, 2016

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Kennedy INGALSBE N/A

SUMMARY 25B51B77B103B129B155B181B207B233BSummary to be provided in Executive Session.

137




AGENDA ITEM

Executive Session pursuant to Sections 551.071 of the Texas Government Code: consultation with counsel regarding the Collective Bargaining Agreement between Hays County and the Hays County Law Enforcement Association. Possible action to follow in open court.


EXECUTIVE SESSION September 13, 2016 TBD

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



COBB COBB N/A

SUMMARY 26B53B80B107B134B161B188B215B242BSummary to be provided in Executive Session.

138




AGENDA ITEM

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


EXECUTIVE SESSION September 13, 2016 N/A


AUDITOR USE ONLY

AUDITOR COMMENTS:



Mark Kennedy COBB N/A

SUMMARY 27B55B83B111B139B167B195B223B251BLitigation update to be provided in Executive Session.

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