presentations & proclamations · this notice is posted pursuant to the texas open meetings act....

Commissioners Court –February 26, 2013 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 26th day of February, 2013, in the Hays County Courthouse, Room 301, San Marcos, Texas. An Open Meeting will be held concerning the following subjects:

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

PRESENTATIONS & PROCLAMATIONS

1 4-5 Adopt a Proclamation recognizing "Heroes Behind the Badge", a documentary created to raise awareness of the ultimate sacrifice made by the men and women of law enforcement. JONES

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. 2 6 Approve payments of county invoices. HERZOG 3 7-14 Approve Commissioners Court Minutes of February 12, 2013. COBB/GONZALEZ

4 15-16 Amend the Personal Health, Department of State Health Services Title V grant contract services budget for lab work associated with program. COBB/GARZA

5 17-18 Authorize the Sheriff's Office to transfer funds from the Jail Operations budget to the Information Technology budget to purchase two back-up towers for the Jail. COBB/CUTLER

6 19-30 Approve Out of State Training Travel Request for Deputy Ryan Watkins. INGALSBE

7 31-50 Approve specifications for RFP 2013-P03 Janitorial Services and authorize Purchasing to solicit for bid and advertise. COBB/GARZA

8 51-52 Appoint Cliff Alexander to Emergency Services District #2 to replace Mike Owens. JONES 9 53-57 Approve Utility Permits. COBB

10 58-59 Amend the Edward Byrne Law Enforcement Technology Grant budget to decrease computer equipment and increase office and computer supplies. INGALSBE/CUTLER

11 60-62 Authorize the County Judge to execute letter amendments to the Interlocal Agreements between Hays County and the cities of Neiderwald and Uhland regarding roadway maintenance. JONES/INGALSBE

12 63-69 Authorize the County Judge to execute an Engagement Letter between Hays County and Sedgwick, LLP for legal services to be performed by Alan Glen, et al. CONLEY/KENNEDY

13 70-71 Authorize the Development and Community Services department to add a telephone allowance effective March 1st for the Lead Parks Attendant, slot number 0174-001 and amend the budget accordingly. COBB/GARZA

14 72-76 Accept the annual Racial Profiling Report from Constable, Precinct 1. INGALSBE/PETERSON

ACTION ITEMS

ROADS

15 77-82 Discussion and possible action to approve a variance regarding a driveway at 701 Pioneer Trail in Pct. 4. WHISENANT/BORCHERDING

16 83-121

Discussion and possible action to authorize the County Judge to execute a Professional Services Agreement with HDR Engineering, Inc. to provide construction administration and inspection services on the CR 266, Old Bastrop Highway, Priority Road Bond Program project. INGALSBE/BORCHERDING

17 122-158 Discussion and possible action to authorize the County Judge to execute a contract with Lockwood, Andrews & Newnam, Inc. (LAN) for professional Right-of-Way (ROW) services on the FM 110 (SH123-Yarrington Rd.) project in Hays County. INGALSBE

18 159-160 Call for a public hearing on March 12, 2013 to establish traffic regulations in Leisurewoods subdivision. JONES/BORCHERDING

19 161-169 Discussion and possible action to convey 0.133 acres of Right of Way near the intersection of San Antonio Street and Hopkins adjacent to the current Emergency Service District #3 property to the City of San Marcos. INGALSBE

20 170-174 Consider and take appropriate action to submit transportation project funding requests on the Texas state highway system to the Capital Area Regional Transportation Planning Organization (CARTPO) by March 1. CONLEY

21 175-183 Discussion and possible action approving the Hays County Judge to execute the Advanced Funding Agreement with the Texas Department of Transportation for the RM 12 Parkway Priority Road Bond Program Project. CONLEY

SUBDIVISIONS

22 184-186 Replat of Lot 27 River Oaks of Wimberley, Unit 2 (2 lots). Discussion and possible action to consider a variance from Table 10-1 of the Hays County Rules for On-Site Sewage Facilities and approve final plat; hold a public hearing. CONLEY/MCINNIS

23 187-189 12-3-58 Amended Plat of a Portion of Lot 4, Green Acres Establishing Lot 4C (1 lot). Discussion and possible action to approve final plat. CONLEY/MCINNIS

24 190-193 13-4-6 Amended Plat of Lots 25, 26 and 30 Block B Belterra Phase 2 Section 7 (3 Lots). Discussion and possible action to approve Final Plat. WHISENANT/MCINNIS

MISCELLANEOUS

25 194-207 Discussion and possible action to adopt a resolution authorizing the County Judge to submit a grant application to the Office of the Governor-Criminal Justice Division (CJD) for Hays County Sheriff's Office in the amount of $28,780.00. INGALSBE/CUTLER/HAUFF

26 208-220 Discussion and possible action to authorize the County Judge to execute the Interlocal Cooperation Agreement For Sustainment Funding For The Austin Regional Intelligence Center (ARIC). COBB/CUTLER

27 221-230 Discussion and possible action on a recommended amendment to the Capital Area Metropolitan Planning Organization (CAMPO) Joint Powers Agreement (JPA) to add Burnet County to CAMPO membership. CONLEY

28 231-233 Discussion and possible action to adopt a Resolution strongly opposing the passage of HB 958 which proposes to reduce the interest crediting rate on all Texas County and District Retirement System (TCDRS) funds from 7% to 5%. INGALSBE/TUTTLE

29 234-236 Discussion and possible action to authorize the County Judge to execute the 2013 Transparency Award application and submit to the Texas Comptroller's office. CONLEY

30 237-238 Discussion and possible action to authorize the County Judge to execute a contract for environmental consulting services with Burcham Environmental Services for work related to the Jacobs Well Natural Area. CONLEY/GARZA

31 239-241 Discussion and possible action to authorize the County Judge to execute a contract for environmental consulting services with Sisk-Robb Inc. for work related to the Jacobs Well Natural Area. CONLEY/GARZA

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.

32 242

Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code: consultation with counsel and deliberation regarding the purchase, sale, exchange, or value associated with Unit 7 at 111 Woodacre Drive in Wimberley, Texas. Possible action may follow in open Court. CONLEY

33 243

Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code: consultation with counsel and deliberation regarding the purchase, exchange, or value of real property related to Right of Way acquisition on FM 1626. Possible action to follow in open court. JONES

34 244

Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code: consultation with counsel and deliberation regarding the purchase, exchange, or value of real property related to the marketing and potential sale or lease of County owned properties. Possible action may follow in open court. COBB

35 245 Executive Session pursuant to Sections 551.071 and 551.074 of the Texas Government Code: consultation with counsel and deliberation regarding all individual positions for the Civil Division of the Hays County District Attorney's Office. Possible action may follow. COBB

36 246 Executive Session pursuant to Sections 551.071 and 551.087 of the Texas Government Code: consultation with counsel and deliberation regarding economic development negotiations associated with Project Rebound. Possible action may follow in open Court. CONLEY

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.

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

38 Discussion of issues related to proposed capital construction projects in Hays County, including but not limited to the Government Center; the Precinct 2 facility project; and the Law Enforcement Center Immediate Needs Project. Possible action may follow. INGALSBE

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

40 Discussion of issues related to the Hays County Water and Sewer Authority and the West Travis County Public Utility Agency. WHISENANT

ADJOURNMENT

Posted by 5:00 o'clock P.M. on the 22nd day of February, 2013

COMMISSIONERS COURT, HAYS COUNTY, TEXAS

______________________________________________ CLERK OF THE COURT

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

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

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

AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

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

AGENDA ITEM

Adopt a Proclamation recognizing "Heroes Behind the Badge", a documentary created to raise awareness of the ultimate sacrifice made by the men and women of law enforcement.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

PROCLAMATIONS/PRESENTATIONS February 26, 2013

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR

JONES JONES N/A

SUMMARY 25B52B79B106B133B160B187B214B241BThe Kyle Citizen Police Academy Alumni Association is joining forces with Modern City Entertainment, the National Law Enforcement Officers Memorial Fund, other Alumni Associations, criminal justice officials, and concerned citizens throughout the City of Kyle, Hays County and America to raise awareness of the ultimate sacrifice made by the men and women of law enforcement and to honor the ultimate sacrifice and those who continue to serve and protect. 26B53B80B107B134B161B188B215B242BThe law enforcement documentary, Heroes Behind the Badge, provides an opportunity to educate all the people about the honor and distinction of the men and women who become law enforcement officers and the work performed for the community regardless of economic, racial, and social background.

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Heroes Behind the Badge Proclamation

WHEREAS, the National Law Enforcement Officers Memorial, states "on average, one law enforcement officer is killed in the line of duty somewhere in the United States every 53 hours"; WHEREAS, the National Law Enforcement Officers Memorial lists Texas with the most names on its wall with 1,631 names since its inception in 1971; WHEREAS, in 2013 the National Law Enforcement Officers Memorial Fund, will add approximately 131 line-of-duty names to the memorial wall, with 15 of the names coming from the State of Texas; WHEREAS, the National Law Enforcement Officers Memorial Wall will never be completed because the line-of-duty deaths and other related deaths of law enforcement officers will never end; WHEREAS, Texas leads the nation in fallen law enforcement officers each year, and each death affects many more family members, friends, neighbors, and co-workers; WHEREAS, the physical, emotional, and financial impact of fallen officers falls on people of all ages and abilities, and of all economic, racial, and social backgrounds; WHEREAS, the law enforcement documentary, Heroes Behind the Badge, provides an opportunity to educate all the people about the honor and distinction of the men and women who become law enforcement officers and the work performed for the community regardless of economic, racial, and social background; WHEREAS, the City of Kyle has suffered the loss of a fallen officer, Night Watchman Henry Hampton Joslin; and Hays County Sheriff's department has suffered the loss of two fallen officers, Deputy Sheriff Henry C. Banks and Special Deputy Sheriff John S. Davis; WHEREAS, the Kyle Citizen Police Academy Alumni Association is joining forces with Modern City Entertainment, the National Law Enforcement Officers Memorial Fund, other Alumni Associations, criminal justice officials, and concerned citizens throughout the City of Kyle, Hays County and America to raise awareness of the ultimate sacrifice made by the men and women of law enforcement and to honor the ultimate sacrifice and those who continue to serve and protect; NOW THEREFORE, the Hays County Commissioners Court does hereby proclaim and reaffirm this commitment to respect and support the duties of law enforcement officers throughout the City of Kyle, Hays County, the State of Texas and America; and express our appreciation for those fallen officers and surviving officers who have turned tragedy into a motivating force to improve the safety of all communities and build an on-going relationship with each community based on trust, respect, and dedication to protect all individuals without bias of economic, racial and social background.

ADOPTED THIS THE 26TH DAY OF FEBRUARY, 2013

Bert Cobb Hays County Judge

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

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

ATTEST: _________________________ Liz Q. Gonzalez Hays County Clerk

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AGENDA ITEM

Approve payment of County invoices.


CONSENT February 26, 2013

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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


Auditor’s Office HERZOG N/A

SUMMARY

6




AGENDA ITEM

Approve Commissioner Court Minutes of February 12, 2013.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Gonzalez COBB N/A

SUMMARY

7

HAYS COUNTY COMMISSIONERS' COURT MINUTES

VOLUME V PG 86 ***** ***** FEBRUARY 12, 2013 STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 12TH DAY OF FEBRUARY A.D., 2013, 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:

Gary Smith, Retired Air Force Chaplin gave the invocation and Judge Cobb led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Cobb called the meeting to order. RECOGNIZE THE MEMBERS OF THE HAYS COUNTY TRANSPORTATION COMMITTEE Commissioner Jones recognized the Transportation Committee for their hard work and dedication. Not all members were able to make it today but the ones that were present were presented with a Certificate. Commissioner Conley presented a few Certificates. Joe Cantalupo of Parsons Brinkerhoff spoke of working with all the members of the committee and thanked them for all their dedication. Each of the Commissioners and the County Judge read a list of members they appointed to the committee and thanked them for all their work and dedication including the County staff that assisted with meeting the needs of Hays County’s future. Committee members include: County Wide – Dwain York, Winton Porterfield. Precinct 1 – Susan Narvaiz, Diane Hervol, David Salazar. Precinct 2 – Joe Hernandez, Daniel Heideman, Terry Hauptrief. Precinct 3 – Glen Straube, Jeffrey Jewett, Thomas Talcott. Precinct 4 – Ben Sorrell, Roy Odell, Don Meador. TxDOT – Ed Collins, Don Nyland. CAPCOG – David Fowler, Maureen McCoy, Bubba Needham. CARTS – David Marsh, Lyle Nelson. Lone Star Rail District – Joseph Black, Alison Schultz. Texas State University – Paul Hamilton. Bear Creek – Bruce Upham, Seabo Rountree. Buda – Chance Sparks. Dripping Springs – Jon Thompson. Hays City – Michael Warnken. Kyle – Lucy Johnson. Niederwald – Reynell Smith. San Marcos – Matthew Lewis. Wimberley – Bob Flocke, Don Ferguson. Woodcreek – Eric Eskelund. City of Kyle – Steven Widaki. City of Woodcreek – Frank Wood. City of San Marcos – Linda Huff. Mountain City – Tiffany Curnutt. San Marcos – John Foreman. Hays County – Jerry Borcherding, Clint Garza, Steve Floyd. Parsons Brinkerhoff – Joe Cantalupo. Aulick and Assoc. – Michael Aulick. CD&P – Arin, Gray, Cathy Howell. PRESENTATION REGARDING ACTIVITIES OF THE CORE 4 EDUCATION SUBCOMMITTEE Gene Bourgeois, Provost, Texas State University, Kim Porterfield San Marcos City Council member Place 1 and Stephanie Reyes, Assistant to the City Manager, for the City of San Marcos gave a brief powerpoint presentation. The following people served on the Core Four Education Subcommittee: Dr. Denise Trauth, President, Texas State University (chair), Dr. Gen Bourgeois, Provost, Texas State University, Dr. Michelle Hamilton, Director of Center for P-16 Initiatives, Texas State University, Daniel Guerrero, Mayor, City of San Marcos, Kim Porterfield, City Council Place 1, City of San Marcos, Jim Nuse, City Council Place 1, City of San Marcos, Stephanie Reyes, Assistant to the City Manager, City of San Marcos, Mark Eads, Superintendent, SMCISD, Rosemary Garza, Principal, Hernandez Elementary School, SMCISD, Michelle Darling, Principal, San Marcos High School, SMCISD, Lon Shell, Chief of Staff to County Judge, Hays County, Shelley Williams, Chief Juvenile Probation Officer, Hays County, Cherri Schmidt, Public Health Educator, Hays County Personal Health Department, Nina Wright, Director of Development, Texas Higher Education Coordination Board. Six Elements of “Communities of Choice” – 1)Good public schools, 2) Stable neighborhoods, 3) Family-wage jobs, 4) Community amenities, 5) Sustained economic development, 6) Educated workforce. Core Four included – Hays County, City of San Marcos, San Marcos CISD, Texas State University. Regarding public education, charged to identify actions for the long-term benefit of the community. Key issued examined included: Attendance and days missed, dropout rates, post high school education, aligned parent development, teenage pregnancy, after school programs, 9th grade retention, AP opportunities, early childhood education, 3rd grade reading level. 28753 APPROVE PAYMENTS OF COUNTY INVOICES A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to approve payments of County Invoices in the amount of $813,847.21 as submitted by the County Auditor. All voting “Aye”. MOTION PASSED

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FEBRUARY 12, 2013 ***** ***** VOLUME V PG 87 28754 APPROVE COMMISSIONERS COURT MINUTES OF FEBRUARY 5, 2013 A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to approve Commissioners Court Minutes of February 5, 2013 as presented by the County Clerk. All voting “Aye”. MOTION PASSED 28755 AMEND THE COUNTY-WIDE BUDGET, INCREASING REVENUE AND

EXPENDITURES, FOR ADULT PROBATIONS PORTION OF THE NEC PHONE LEASE

The Mitel Capital Phone Lease was previously approved by Commissioner's Court. This amendment is needed to appropriately record Adult Probation's portion of the lease. Revenue received from the agency will offset the expense. Budget Amendment: Increase: 001-000-00.4630 Miscellaneous Revenue 7,237; Increase: 001-645-00.5473_017 Eqpt Lease-Mitel Capital Lease 5,895; Increase: 001-645-00.5571_001 Interest Telephone-Capital 1,342. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to amend the County-Wide budget, increasing revenue and expenditures, for Adult Probations portion of the NEC Phone lease. All voting “Aye”. MOTION PASSED 28756 AMEND THE IMMUNIZATION GRANT BUDGET TO DECREASE SALARIES AND

INCREASE EQUIPMENT FOR THE PURCHASE OF ONE REFRIGERATOR FOR $1,625.00 AND ONE FREEZER FOR $1,789.00

The Personal Health Department needs a refrigerator and a freezer that are in compliance with standards set by the Department of State Health Services in order to store vaccines properly. The Immunization Grant will fund 100% of this purchase. Amount Required $3,414.00; Decrease Expense Staff Salaries 120-675-99-018.5021; Increase Expense Miscellaneous Equipment Operating 120-675-99-018.5719_400. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to amend the Immunization grant budget to decrease salaries and increase equipment for the purchase of one refrigerator for $1,625.00 and one freezer for $1,789.00. All voting “Aye”. MOTION PASSED 28757 APPROVE AWARD OF BID #2013-B02 COUNTY ROAD 266 & CENTERPOINT ROAD

IMPROVEMENTS TO JOE BLAND CONSTRUCTION, LP IN THE AMOUNT OF $4,090,254.16

Purchasing received seven (7) bids with Joe Bland Construction providing the lowest and best bid. After checking references it is the recommendation to award Bid #2013-B02 to Joe Bland Construction in the amount of $4,090,254.16. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to approve award of Bid #2013-B02 County Road 266 & Centerpoint Road Improvements to Joe Bland Construction, LP in the amount of $4,090,254.16. All voting “Aye”. MOTION PASSED 28758 ACCEPT THE ANNUAL RACIAL PROFILING REPORT FROM CONSTABLE

PRECINCT 3 DARRELL AYRES Since January 1, 2003, Hays County Constables of Precinct 3 in accordance with the Texas Racial Profiling Law (S.B. No 1074), has been collecting contract data for the purpose of identifying and responding (if necessary) to concerns regarding racial profiling practices. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to accept the annual Racial Profiling Report from Constable Precinct 3 Darrell Ayres. All voting “Aye”. MOTION PASSED 28759 ACCEPT THE ANNUAL RACIAL PROFILING REPORT FROM THE HAYS COUNTY

SHERIFF'S OFFICE In accordance with State Law and specific to the Texas Code of Criminal Procedure, Chapter 2.132 (b)(6) & (7), the following report has been prepared and is being respectfully submitted. The report consists of statistical data collected by the Hays County Sheriff’s Office as prescribed by statue for the calendar year of 2012. It is important to note that reporting requirements under the Texas CCP Chapter 2.134 have been exempted due to compliance with the provisions of the Texas CCP Chapter 2.134 (a). In addition, the Hays County Sheriff’s Office has adopted and r a policy concerning Racial Profiling. The policy is within the requisite standards as have been set forth by statue and recommended by the legislature. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to accept the annual Racial Profiling Report from the Hays County Sheriff's Office. All voting “Aye”. MOTION PASSED

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VOLUME V PG 88 ***** ***** FEBRUARY 12, 2013 28760 AUTHORIZE THE EXECUTION OF AN AMENDMENT TO LETTER OF CREDIT

1240, PROVIDING FOR MAINTENANCE SURETY FOR BELTERRA SUBDIVISION, PHASE 2 SECTION 7

On January 8, 2013 Commissioners Court voted to release Construction Surety and accept Maintenance Surety for Belterra Subdivision, Phase 2 Section 7. The agenda backup referred to bonds as the surety instrument; however the county was holding a letter of credit. Approval of this item will authorize execution of an amendment to the original letter of credit and result in a reduction in surety to 10% of construction costs as previously approved in court. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to authorize the execution of an amendment to Letter of Credit 1240, providing for maintenance surety for Belterra Subdivision, Phase 2 Section 7. All voting “Aye”. MOTION PASSED 28761 AUTHORIZE APPLICATION FOR ADDITIONAL FUNDING FOR THE REGIONAL AND

LOCAL SERVICES SYSTEM/LOCAL PUBLIC HEALTH SERVICES (RLSS/LPHS) PROGRAM IN THE AMOUNT OF $5,169

The original RLSS/LPHS contract was accepted on July 31, 2012 for $51,463.00. Additional funding has been offered by the Texas Department of State Health Services for the current contract period which ends on August 31, 2013. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to authorize application for additional funding for the Regional and Local Services System/Local Public Health Services (RLSS/LPHS) program in the amount of $5,169. All voting “Aye”. MOTION PASSED 28762 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A SPERATE CONTRACT THAT

PROVIDES THE ADDITIONAL WORK NEEDED ON NUTTY BROWN ROAD, AWARDING THAT WORK TO THE LOWEST BIDDER FROM THOSE SOUGHT BY THE TRANSPORTATION DEPT

This change in scope will provide a box culvert extension across a property where an improved open ditch was designed. Amount required $23,000; 5448-010 (Total project budget (5446-008+5448-010) = $147,500, contracted $100,000-----this project remains within budget). A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to authorize the County Judge to execute a separate contract that provides the additional work needed on Nutty Brown Road awarding that work to the lowest bidder from those sought by the Transportation Dept. Commissioner Conley voting “No”. Commissioner Ingalsbe, Commissioner Jones, Commissioner Whisenant and Judge Cobb voting “Aye”. MOTION PASSED 28763 APPROVE THE SEPTEMBER - DECEMBER 2012 TREASURER'S REPORTS AND

INVESTMENT REPORTS Approve the September, October, November and December 2012 Treasurer’s Report and Investment Reports. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve the September - December 2012 Treasurer's Reports and Investment Reports. All voting “Aye”. MOTION PASSED 28764 APPROVE UTILITY PERMITS Utility Permit # 876 to NRP Contractors, LLC for a water line installation. The public water line extensions will “T” from an existing 12” water line approximately 1000 LF from the intersection of McCarty Lane and Hunter Road. The extension will bore approximately 60 LF beneath McCarty Lane to extend northeast to the proposed Sienna Pointe development. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve Utility Permit # 876 for McCarty Lane as submitted by the Hays County Road Department. All voting “Aye”. MOTION PASSED 28765 APPROVE SPECIFICATIONS FOR RFP 2013-P04 FOOD AND CATERING SERVICES

FOR THE HAYS COUNTY GOVERNMENT CENTER AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSAL AND ADVERTISE

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve specifications for RFP 2013-P04 Food and Catering Services for the Hays County Government Center and authorize Purchasing to solicit for proposal and advertise. All voting “Aye”. MOTION PASSED Clerk’s Note: Agenda Item #16 RE: CALL FOR A PUBLIC HEARING ON FEBRUARY 26, 2013 TO ESTABLISH TRAFFIC REGULATIONS IN THE VILLAGE OF BEAR CREEK – was pulled

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FEBRUARY 12, 2013 ***** ***** VOLUME V PG 89 28766 CALL FOR A PUBLIC HEARING ON FEBRUARY 26, 2013 TO DISCUSS FINAL PLAT

APPROVAL OF THE REPLAT OF LOT 27 RIVER OAKS OF WIMBERLEY, UNIT 2 Clint Garza Director of Development Services spoke. The River Oaks of Wimberley Subdivision is a recorded subdivision located off of Wayside Drive in Precinct 3. The proposed re-plat will divide the 4.99 acre lot into two lots - Lot 27A being 2.50 acres and Lot 27B being 2.49 acres. Water service will be provided by private wells and wastewater treatment will be accomplished by advanced on-site sewage facilities. Lot 27A is currently served by a conventional OSSF and an existing private well. Should the existing OSSF need replacement it will be replaced by an advanced system. The Hays County minimum lot size for a lot served by a private well is 3.00 acres with a conventional OSSF and 2.00 acres with an advanced OSSF. Due to the current configuration of the property, it would not be possible to meet the minimum lot size requirements without replacement of the septic system. The property owner feels that replacing the existing functioning system would be an undue burden. The variance will be requested and discussed at the time of the public hearing. A motion was made by Commissioner Conley, seconded by Commissioner Ingalsbe to call for a public hearing on February 26, 2013 to discuss final plat approval of the Replat of Lot 27 River Oaks of Wimberley, Unit 2. All voting “Aye”. MOTION PASSED 28767 HOLD PUBLIC HEARING FOR REPLAT OF LOT 6 AND LOT 7, BLOCK 1, ROLLING

HILLS ESTATES SEC. 1 (3 LOTS) APPROVE FINAL PLAT Judge Cobb opened the public hearing. No public input was received. Judge Cobb closed the public hearing. Clint Garza Director of Development Services spoke. Rolling Hills Estates is a platted subdivision located off F.M. 2001 in precinct 2. The owner of Lot 6 and Lot 7 is proposing to divide the 2 lots to create 3 lots ranging from 0.75 to 1.54 acres in size. All 3 lots will be served by Goforth S.U.D. and on-site sewage facilities. No action taken. 28768 BELTERRA COMMERCIAL SUBDIVISION PARCEL E1 [12-4-5--1 LOT] WAIVE

PRELIMINARY PLAN AND APPROVE FINAL PLAT Clint Garza Director of Development and Community Services gave staff recommendation. The Belterra Commercial Subdivision is a proposed division of a 9.529 acre portion of the planned commercial parcel at the intersection of Belterra Drive and U.S. Highway 290. Water and wastewater to the site will be provided by Hays County WCID #1. A motion was made by Commissioner Whisenant, seconded by Commissioner Ingalsbe to waive preliminary plan and approve final plat of Belterra Commercial Subdivision Parcel E1. All voting “Aye”. MOTION PASSED 28769 ACTION REGARDING A NEW HAYS COUNTY-TEXAS DEPARTMENT OF

TRANSPORTATION (TXDOT) PARTNERSHIP PROGRAM FOR STATE HIGHWAYS IN HAYS COUNTY

Mike Weaver of Prime Strategies gave a brief PowerPoint. Jim McMeans – Wimberley resident spoke. Hays County is in the process of completing both the Pass-Through Finance Program and Priority Road Bond Program projects. It is estimated that Hays County, through projects being constructed ahead of schedule and under budget, will recognize a savings of approximately $35.0 million. Hays County would like to work with TxDOT to leverage the $35.0 million in savings. Hays County, working with TxDOT, has identified nine (9) projects that the County and State could develop in partnership. In order to move forward with the development of these projects and leverage State funding, Hays County needs to consider a formal request to TxDOT to participate in this financing and construction partnership. A motion was made by Commissioner Conley, seconded by Commissioner Ingalsbe to adopt a Resolution and authorize the County to move forward in that Official communication to the State Commission. All voting “Aye”. MOTION PASSED 28770 ACTION REGARDING THE COUNTY'S REFUNDING BOND OPPORTUNITY Dan Wegmiller gave an update to the Court on current refunding opportunities. Mr. Wegmiller handed out a one-page summary schedule. A motion was made by Commissioner Conley, seconded by Commissioner Ingalsbe regarding the Refunding Bond Opportunity to authorize Specialize Public Finance to move forward with their recommendation to consult with the Auditor and Judge as they move through those processes. All voting “Aye”. MOTION PASSED

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VOLUME V PG 90 ***** ***** FEBRUARY 12, 2013 28771 APPROVE A PROFESSIONAL SERVICE AGREEMENT BETWEEN HAYS COUNTY

AND DIVERSE PLANNING AND DEVELOPMENT FOR CONSULTING SERVICES RELATED TO MATTERS ASSOCIATED WITH REGIONAL WATER RESOURCE POLICY AND ADMINISTRATIVE PROTOCOL IN AN AMOUNT NOT TO EXCEED $25,000 WITH FUNDS TO COME OUT OF THE LCRA FUNDS

Jim McMeans – Wimberley resident and David Glenn – Wimberley resident spoke. A motion was made by Commissioner Conley, seconded by Commissioner Whisenant to approve a Professional Service Agreement between Hays County and Diverse Planning and Development for consulting services related to matters associated with regional water resource policy and administrative protocol in an amount to exceed $25,000 with the funds to come out of the LCRA Funds. All voting “Aye”. MOTION PASSED 28772 APPROVE A RESOLUTION IN SUPPORT OF THE INTER-BASIN TRANSFER OF

SURFACE WATER SUPPLIES A motion was made by Commissioner Whisenant, seconded by Commissioner Conley to approve a resolution in support of the inter-basin transfer of surface water supplies. All voting “Aye”. MOTION PASSED 28773 IDENTIFY FUNDS FOR CONSTABLE PRECINCT 2 MOBILE RADIO EQUIPMENT

REPAIR AND AMEND THE BUDGET ACCORDINGLY Constable Kohler Precinct 2 Office had LCRA repair a mobile radio unit that was not operational. This unit was out of warranty; therefore the cost of repair was much higher than anticipated. The total repair cost is $707.63 and there is only $300 available in the equipment maintenance budget. Constable Kohler does not feel he has enough funding in other line items available to cover the difference and would ask the Court to fund the difference. Amount required $408.00 Increase: 001-636-00.5411 Equipment Maintenance 408; Decrease: Veh. Mtc. $408. A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to use vehicle maintenance funds for Constable Precinct 2 mobile radio equipment repair and amend the budget accordingly. An amended motion was made by Commissioner Jones, seconded by Commissioner Whisenant to change amount to $550.00 and amend the budget accordingly. All voting “Aye”. MOTION PASSED 28774 APPROVE AN AGREEMENT BETWEEN HAYS COUNTY AND DR. WEERATUNGA

FOR PHYSICIAN SERVICES FOR THE TB CLINIC A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve an agreement between Hays County and Dr. Weeratunga for physician services for the TB clinic All voting “Aye”. MOTION PASSED 28775 WAIVE PARTS OF SECTION I. ORGANIZATION CONTAINED IN THE CAMPO JOINT

POWERS AGREEMENT, TO ALLOW FORMER COMMISSIONER JOHN CYRIER TO SERVE AS CALDWELL COUNTY REPRESENTATIVE ON CAMPO POLICY BOARD FOR TERM TO WHICH CALDWELL COUNTY COMMISSIONERS COURT APPOINTS HIM

Former Commissioner John Cyrier of Caldwell County has been serving on the CAMPO Transportation Policy Board for several years. He did not seek re-election in November. On December 17, the Caldwell County Commissioners’ Court appointed Mr. Cyrier as their representative to the CAMPO TPB. However, under the current CAMPO Joint Powers Agreement (JPA), membership on the Transportation Policy Board will consist of….”One member of the Caldwell County Commissioners’ Court.” Therefore, it has been suggested that each governing body for the six signatories to the JPA consider approving language similar to that provided below to allow Mr. Cyrier to continue to represent Caldwell County on the CAMPO Policy Board: "Consider and take appropriate action on waiving only those portions of Section I. Organization contained in the CAMPO Joint Powers Agreement to allow former Commissioner John Cyrier to serve as Caldwell County Representative to CAMPO for any term to which Caldwell County Commissioners Court elects to appoint him before January 1, 2015." A motion was made by Commissioner Conley, seconded by Commissioner Ingalsbe to waive parts of Section I. Organization contained in the CAMPO Joint Powers Agreement, to allow former Commissioner John Cyrier to serve as Caldwell County representative on CAMPO policy board for term to which Caldwell County Commissioners Court appoints him. All voting “Aye”. MOTION PASSED

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FEBRUARY 12, 2013 ***** ***** VOLUME V PG 91 28776 AUTHORIZE THE DEVELOPMENT SERVICES DIRECTOR AND EMERGENCY

MANAGEMENT COORDINATOR TO EXECUTE MEMORANDUMS OF UNDERSTANDING BETWEEN HAYS COUNTY AND LOCAL BUSINESSES RELATED TO USE OF THE FACILITIES AS A CLOSED POINT OF DISPENSING LOCATIONS

Emergency Management Coordinator Kharley Smith spoke. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Development Services Director and Emergency Management Coordinator to execute Memorandums of Understanding between Hays County and local businesses related to use of the facilities as a Closed Point of Dispensing locations. All voting “Aye”. MOTION PASSED 28777 REINSTATE HAYS COUNTY'S MEMBERSHIP TO THE NATIONAL ASSOCIATION OF

COUNTIES (NACO) Mark Hamlin Brazos County District Clerk, Texas Association of Counties Board member and NACo representative spoke. Hays County membership includes one free conference registration to any NACo conference ($825 value). Amount $1,687.00. 001-645-00-5302. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to reinstate Hays County's membership to the National Association of Counties (NACo). All voting “Aye”. MOTION PASSED 28778 PROMOTE AND FUND HEALTH CHECK 2013 FOR HAYS COUNTY EMPLOYEES

AND ELIGIBLE DEPENDENTS AND AUTHORIZE PAYROLL DEDUCTION OF ADDITIONAL FEES FOR OPTIONAL SERVICES EMPLOYEES MAY ELECT

Dee Dee Baen, Human Resources Director spoke. Health Check is a community wide celebration offering health screenings that include a complete metabolic panel (screening for glucose, renal and liver disorders); lipid panel (cholesterol with HDL/LDL breakdown and triglycerides); complete blood cell count for hematology disorders including white, hemoglobin, hematocrit and platelets. Per Central Texas Medical Center (CTMC), these tests, valued at hundreds of dollars, are offered for $45 per person through Health Check (2012-$45; 2011-$25; 2010-$35). Additionally, CTMC is offering Hays County employees the option of pre-registering which allows for blood draws at our worksite. As in prior years, these sites include the Government Center, the Sheriff's office and Road & Bridge on Yarrington. Thursday, March 21: location to be determined Tuesday, April 2: Wednesday, April 3: A recap of the last six years of our participation in Health Check is as follows: Hays County paid 100% of the participant’s fee. Dependents over the age of 18 that are covered on our health plan were allowed to participate at no cost (with the exception of the additional tests). Historical participation is as follows: 2007: 150 employees participated, $3725 2008: 187 employees participated, $6545; Optional EE-paid Tests: Thyroid (71); PSA (26) 2009: 165 employees participated, $5775; Optional EE-paid Tests: Thyroid (68); PSA (34) 2010: 168 employees participated, $5880; Optional EE-paid Tests: Thyroid (62); PSA (34) 2011: 155 employees participated, $3875; Optional EE-paid Tests: Thyroid (46) PSA (27) A1C (45) B2012: 131 employees participated, $5895: Optional EE-paid Tests: Thyroid (39) Vitamin D (28) AIC (31) The requested amount of $7,065 (157 employees x $45) is an estimate, (20% over last year’s participation of 131 employees). In addition to the basic blood screenings, employees can choose to have a thyroid stimulating hormone (TSH) test ($15), a hemoglobin A1C test for $15 (used to measure the amount of glucose that attaches to the protein in the red blood cells), a Vitamin D test is added for $30, and a Hepatitis C test for $30. Health Check no longer offers the PSA because it is not a recommended test as currently recommended by the US Preventive Services Task Force and that the current evidence for this test is insufficient to qualify it as a good screening test. Similar to last year and in order to minimize cash handling, reconciling and balancing, we are requesting the voluntary fees associated with optional tests to be payroll deducted. This has been coordinated with the Treasurer’s office for payroll purposes and Treasurer Tuttle is supportive of this automation. An option to the County if they do not wish to absorb the entire cost could be to offer payroll deduction for a $5 or $10 cost sharing. The actual day-long health fair portion of Health Check will be held on Thursday April 18 from 7am to 3pm at Embassy Suites Conference Center. Amount required $7,065.00; 003-730-00.5342. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to promote and fund Health Check 2013 for Hays County employees and eligible dependents and authorize payroll deduction of additional fees for optional services employees may elect. All voting “Aye”. MOTION PASSED EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE, OR VALUE OF REAL PROPERTY RELATED TO RIGHT OF WAY ACQUISITION ON FM 150 Court convened into Executive Session at 12:05 pm and reconvened into open court at 12:20 pm. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Conley, Commissioner Whisenant, Judge Cobb, Special Counsel Mark Kennedy and Chief of Staff Lon Shell. No action taken.

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VOLUME V PG 92 ***** ***** FEBRUARY 12, 2013 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE, OR VALUE OF REAL PROPERTY RELATED TO THE MARKETING AND POTENTIAL SALE OR LEASE OF COUNTY OWNED PROPERTIES Court convened into Executive Session at 12:25 pm and reconvened into open court at 12:50 pm. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Conley, Commissioner Whisenant, Judge Cobb, Special Counsel Mark Kennedy and Chief of Staff Lon Shell. No action taken. 28779 RATIFY THE LIFTING OF THE BURN BAN AND/OR DISASTER DECLARATION A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to ratify the lifting of the Burn Ban that the County Judge lifted yesterday. All voting “Aye”. MOTION PASSED County Clerk’s Note Agenda Item #33 RE: DISCUSSION OF ISSUES RELATED TO PROPOSED CAPITAL CONSTRUCTION PROJECTS IN HAYS COUNTY, INCLUDING BUT NOT LIMITED TO THE GOVERNMENT CENTER; THE PRECINCT 2 FACILITY PROJECT; AND THE LAW ENFORCEMENT CENTER IMMEDIATE NEEDS PROJECT – was pulled DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES AND ALLEN CROZIER, HDR Allen Crozier of HDR gave a brief overview of the projects under way. US 290 (Mighty Tiger to McGregor) – Continuous left turn lane and improve shoulders (approx. 3.7 mi.). RM 12 @ Sports Park Drive – Safety improvements (add left turn lane and other intersection safety improvements). RM 1826 @ Nutty Brown Rd – Safety improvements (left turn lane and other intersection safety improvements). RM 1826 @ Crystal Hill Dr (Goldenwood) – Safety improvements (left turn lane and other intersection safety improvements(potential acceleration lane)). RM 1826 @ Darden Hill Rd (CR 162) – Safety improvements (left turn lane and other intersection safety improvements – realignment of Darden hill Rd at intersection). RM 1826 @ RM 967 – Project Complete. RM 2325 Fischer Store Rd (CR 181) to Carney Lane – Project Complete. RM 12 @ Old Kyle Rd – Prop. 12 – City led. RM 12 & RM 32 Junction – Project Complete. RM 12 Parkway Development – ROW preservation & environmental studies for 4 lane divided parkway. RM 12 @ Hugo Road (CR 214) – Project complete. RM 12 @ Sink Creek – Project complete. RM 12 @ Wonder World Drive – Project complete. Old Bastrop Hwy (CR 266) – 1.9 mi. – widen to 3 lanes (2 + CLTL) & 4’ shoulders/acquire ROW for an ultimate 4-lane section. SH 21 @ High Road (CR 127) – Project complete. SH 21 @ FM 2001 – Project complete. SH 21 @ Rhode Rd (CR 126) – Safety improvements (left turn lane and other intersection safety improvements). Dacy Lane (CR 205) Bebee Rd to Windy Hill – Engineering/environmental studies & ROW preservation (2-12’ lanes, 14’ left turn lane, bicycle lanes & sidewalks) (1.5 mi). Lime Kiln Rd @ Sink Creek – Study complete. Post Rd (CR 140) – Study complete. Lakewood Drive @ RM 1626 – Raise grade of approach (replace culvert with bridge) on Lakewood Dr @ 1626 safety improvements. RM 967@ Ruby Ranch Rd – Safety improvements (turn lanes). County Clerk’s Note Agenda Item #35 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY WATER AND SEWER AUTHORITY AND THE WEST TRAVIS COUNTY PUBLIC UTILITY AGENCY – was pulled

A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to adjourn court.

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 February 12, 2013.

LIZ Q GONZALEZ, COUNTY CLERK AND EXOFFICIO

CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS

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AGENDA ITEM

Amend the Personal Health, Department of State Health Services Title V grant contract services budget for lab work associated with program.


CONSENT February 26, 2013 $525

LINE ITEM NUMBER 120-675-99-020.5448

AUDITOR USE ONLY

AUDITOR COMMENTS: See attached budget amendment.

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


Garza COBB N/A

SUMMARY 28B61B94B127B160B193B226B259B292BBudget Amendment: 29B62B95B128B161B194B227B260B293BIncrease DSHS Title V Contract Services $525 30B63B96B129B162B195B228B261B294BDecrease DSHS Title V Travel ($125) 31B64B97B130B163B196B229B262B295BDecrease DSHS Title V Continuing Ed ($250) 32B65B98B131B164B197B230B263B296BDecrease P Health Op Contingencies ($150)

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AMENDMENTNO.FY2013-014 CC

FY2013 BUDGET02/26/2013

Appropriation AppropriationDept G/L Account Number Account Description Before Amendment Increase Decrease After Amendment

PERSONAL HEALTH FUND (120):

Agenda Item #5:

Personal Health - DSHS Title V Grant:120-675-99-020.5448 Contract Services 2,308 525 2,833 120-675-99-020.5501 Travel 125 (125) 0.00120-675-99-020.5551 Continuing Education 250 (250) 0.00120-675-00.5399 Operating-Contingencies 242,796 (150) 242,646

525 (525) *Amend for lab work associated with program.

GENERAL FUND (001):

Agenda Item #6:

SO - Jail Operations:001-618-03.5211 Office Supplies 18,000 (1,550) 16,450 001-680-00.5712_400 I.T.-Computer Equipment 104,370 1,550 105,920

*Move funds to IT for two computer back-up towers.

GENERAL FUND (001):

Agenda Item #11:

SO-Edward Byrne LE Tech Grant:001-618-99-075.5211 Office Supplies 0.00 903 903 001-618-99-075.5712_400 Computer Equipment 5,260 (903) 4,357

*Amend grant for needed supplies.

PARKS FUND (140):

Agenda Item #14:

Development & Community Services - Parks:140-700-00.5194 Telephone Allowance 0.00 245 245 140-700-00.5489 Telephone Expense 2,500 (245) 2,255

*Amend for Lead Parks Attendant phone allowance.

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vickie_wilhelm

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AGENDA ITEM

Authorize the Sheriff's Office to transfer funds from the Jail Operations budget to the Information Technology budget to purchase two back-up towers for the Jail.


CONSENT February 26, 2013 $1,550.00

LINE ITEM NUMBER 001-680-00.5712_400 Computer Equipment

AUDITOR USE ONLY




CUTLER/MCGILL COBB N/A

SUMMARY 28B60B92B124B156B188B220B252B284BThe Jail is in need of purchasing two computer towers that will serve as backup for control room pickets when the computers go down. The Jail will be able to maintain the safety and security of the facility and inmates; installing backup computers would allow the Jail to maintain the camera system operational. The recommendation of the additional towers comes from I.T. and will be ordered by their department. The towers will be pre-installed with pertinent software for speedy installation by I.T. No additional funds are needed for this purchase; the funds have been identified in the Jail budget. 29B61B93B125B157B189B221B253B285BBudget Amendment 30B62B94B126B158B190B222B254B286B001-618-03.5211/Office & Computer Supplies ($1,550.00) 31B63B95B127B159B191B223B255B287B001-680-00.5712_400/Computer Equipment Operating - I.T. $1,550.00

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FY2013 BUDGET02/26/2013



Agenda Item #5:



GENERAL FUND (001):

Agenda Item #6:



GENERAL FUND (001):

Agenda Item #11:



PARKS FUND (140):

Agenda Item #14:



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vickie_wilhelm

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AGENDA ITEM

Approve Out of State Training Travel Request for Deputy Ryan Watkins.



LINE ITEM NUMBER 001-618-00.5551

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jeri Skrocki/Hays County Sheriff's Office INGALSBE N/A

SUMMARY 27B56B85B114B143B172B201B230B259BThe Hays County Sheriff's Office would like to send Deputy Ryan Watkins to the Law Enforcement Control Tactics instructor Program scheduled in Glynco, GA on March 4-15, 2013. 28B57B86B115B144B173B202B231B260BThis comprehensive defensive tactics program is essential to the quality of training Deputy Watkins provides as a Training Instructor assigned to the Hays County Training Academy.

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AGENDA ITEM

Approve specifications for RFP 2013-P03 Janitorial Services and authorize Purchasing to solicit for bid and advertise.


CONSENT February 26, 2013 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Garza/Maiorka COBB N/A

SUMMARY 26B53B80B107B134B161B188B215B242BSee attached specifications

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RFP # 2013–P03 ANNUAL JANITORIAL SERVICES

Hays County

NOTICE TO PROPOSERS

All sealed proposals shall be submitted including one marked original and two (2) duplicates on the original forms and clearly marked with RFP number and description. Proposals will be received at

the Purchasing Office, 712 S Stagecoach Trail, Suite 1071, San Marcos, Texas 78666 until 2:00 P.M. on March 14, 2013. Proposals will be opened and names publicly read immediately after the closing hour for the proposals on

said date.

NO LATE PROPOSALS WILL BE CONSIDERED Proposal documents may be obtained by sending a request by email to:

[email protected]

Proposals will be opened so as to avoid disclosure of contents to competing offerors and kept secret

during the process of negotiation. All proposals shall be open for public inspection after contract award.

Trade secrets and confidential or proprietary information, so noted in proposal, shall not be open for public

inspection.

Hays County hereby notifies all proposers that in regard to any agreement entered into pursuant to this

proposal, minority business enterprises will be afforded equal opportunities to submit proposals in

response to this invitation and will not be discriminated against on the grounds of race, color, sex, age,

religion or national origin in consideration for an award.

Hays County reserves the right to reject any and/or all proposals, to waive any and all technicalities and to

accept any proposal or part thereof is most advantageous to the County. In case of ambiguity or lack of

clearness in stating the prices in the bid, the County reserves the right to consider the most advantageous

bid thereof or to reject the bid.

Published:

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mailto:[email protected]

The foregoing prices shall include all labor, materials, equipment, removal, overhead, profit, freight, insurance, etc., to cover the finished work specified in this proposal. All items proposed and installed under this procurement must be new and unused and in undamaged condition. Hays County is tax exempt and no taxes shall be included in the pricing of this proposal. Proposer understands that the Owner reserves the right to reject any or all offers and to waive any informalities in the proposal. The proposer agrees that this proposal shall be good and may not be withdrawn for a period of ninety (90) calendar days after the scheduled closing time for receiving proposals. The undersigned affirms they are duly authorized to represent this firm, that this proposal has not been prepared in collusion with any other firm, and that the contents contained herein have not been communicated to any other firm prior to the official opening. Respectfully submitted: Business Name (please print) Address Signature Date City, State, Zip Code E-mail Office Phone Fax Number

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INDEMNITY HOLD HARMLESS AGREEMENT To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, shall

pay, defend, indemnify and hold harmless Hays County, its agents, representatives, officers,

directors, officials and employees from and against all allegations, demands, proceedings,

suits, actions, claims, including claims of patent or copyright infringement, damages, losses,

expenses, including but not limited to, attorney’s fees, court costs, and the cost of appellate

proceedings, and all claim adjusting and handling expenses, related to, arising from or out of

or resulting from any actions, acts, errors, mistakes or omissions caused in whole or part by

Contractor relating to work, services and/or products provided in the performance of this

Contract, including but not limited to, any Subcontractor or anyone directly or indirectly

employed by or working as an independent contractor for Contractor or said Subcontractors or

anyone for whose acts any of them may be liable and any injury or damages claimed by any of

Contractor’s and Subcontractor’s employees or independent contractors.

The Contractor expressly understands and agrees that any insurance policies required by this

contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to

indemnify, keep and save harmless and defend Hays County, its Court members, officers,

agents and employees and herein provided.

Contractor Date Printed Name Signature

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GENERAL TERMS & CONDITIONS

1. RECEIPT AND OPENING OF PROPOSALS Hays County, (hereinafter called the "Owner"), invites proposals on the form attached

hereto. Sealed proposals shall be submitted including one (1) marked original and two (2) duplicates on the original forms and clearly marked with RFP number and description. Owner will receive proposals at the Purchasing Office, 712 S Stagecoach Trail, Suite 1071, San Marcos, TX 78666. Proposals will be publicly opened immediately after the closing hour of said date. Vendor name only will be read aloud so as to avoid disclosure of contents.

Any proposal received after the time and date specified shall not be considered. The Owner may not consider any proposal not prepared and submitted in accordance with

the provisions hereof and may waive any informalities or reject any and all proposals. Any proposal may be withdrawn prior to the scheduled time for the opening of proposals or authorized postponement thereof.

2. PROPOSAL MODIFICATIONS Any offeror may modify their proposal by written communication at any time prior to the

scheduled receipt of proposals, provided such communication is received by the Owner prior to closing time. The communication should not reveal the proposal price, but should provide the addition or subtraction or other modification so that the Owner will not know the final prices or terms until the sealed proposal is opened.

Owner shall not provide interpretation of the meaning of the plans, specifications or other

pre-proposal documents to any bidder orally. Such communication must be in writing. Every request for such interpretation should be in writing addressed to the Purchasing

Manager, 712 S Stagecoach Trail, Suite 1071, San Marcos, Texas 78666, or e-mailed to [email protected] . All requests shall be received at least five (5) days prior to the scheduled time for receipt of proposals. Any and all such interpretations and any supplemental instructions, will be in the form of written addenda to the specifications which, if issued, will be submitted to all prospective offerors not later than three (3) working days prior to the scheduled time for receipt of proposals. Failure of any bidder to receive any such addendum or interpretation shall not relieve proposer from any obligation of submitted proposal. All addenda issued shall become part of the contract documents and must be acknowledged as received on submitted document.

35


General Terms & Conditions Continued Page 2 of 4 3. METHOD OF AWARD

Evaluation will be based on the criteria stated in the RFP. The best proposal submitted by a responsible offeror will be negotiated with the appointed committee. If proposal amounts exceed the available funds to finance the contract, the Owner may reject all proposals or may award the contract on a negotiated proposal with deductible alternates applied in numerical order in which they are listed on the Form of Proposal, as produces a net amount, which is within the available funds. Hays County reserves the right to waive any informalities or technical errors that in its judgment will best serve the interests of the County.

4. FUNDING OUT CLAUSE Hays County warrants that funds are available to pay for this contract until the end of its current fiscal year and warrants funds will be requested to make payment in each appropriation period from now until the end of the last renewable option year. However, if funds are not made available after such request, then Hays County may terminate this agreement with thirty (30) days written notice.

5. QUALIFICATIONS OF OFFEROR At the time of the opening of proposals, each offeror will be presumed to be thoroughly

familiar with the plans and contract documents (including all addenda). The failure or omission of any offeror to examine any form, instrument, or document shall in no way relieve any offeror from any obligation in respect of his proposal.

The Owner may make such investigations as he deems necessary to determine the ability

of the offeror to perform the work, and the offeror shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any proposal if the evidence submitted by, or investigation of, such offeror fails to satisfy the Owner that such offeror is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional proposals will not be accepted.

36

General Terms & Conditions Continued Page 3 of 4 6. CONDITIONS OF WORK Each proposer must inform himself fully of the conditions relating to the construction of the

project and the employment of labor thereon. Failure to do so will not relieve a successful proposer of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar, as possible contractor, in carrying out his work, must employ such methods or means as will not cause any interruptions of or interference with the work of any other contractor.

7. LAWS AND REGULATIONS The offeror’s attention is directed to the fact that all applicable state laws and the rules and

regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

8. SUBCONTRACTS The offeror is specifically advised that any person, firm, or other party to whom it is

proposed to award a subcontract under this contract must be acceptable to the Owner. 9. SAFETY STANDARDS AND ACCIDENT PREVENTION With respect to all work performed under this contract, the Contractor shall: (1) Comply with the safety standards provisions of applicable laws,

building and construction codes and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, and the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596).

(2) Exercise every precaution at all times for the prevention of

accidents and the protection of persons (including employees) and property.

10. TERM OF CONTRACT

Contract shall be a period of one (1) year with three (3) additional one-year periods, upon agreement of both parties.

37

General Terms & Conditions Continued Page 4 of 4 11. CONFLICT OF INTEREST

Effective January 1, 2006, Chapter 176 of the Texas Local Government Code (House Bill 914) requires that any person, who seeks to contract for the sale or purchase of property, goods or services with a local government entity, shall file a completed conflict of interest questionnaire with the County Clerk within 7 business days after initial contact. The Conflict of Interest Questionnaire (Form CIQ) is available from the Texas Ethics Commission at www.ethics.state.us. Completed conflict of interest forms may be mailed or delivered to the office of Hays County Clerk, 712 S Stagecoach Trail, San Marcos, TX 78666. Please consult your own legal advisor if you have questions regarding the statute of this form.

12. SUPPLEMENTAL INFORMATION

A. All prices to be F.O.B., Destination, Hays County, San Marcos, Texas 78666. B. Hays County is exempt from all taxes in the State of Texas, including sales tax. A

tax-exempt form will be provided upon request.

C. Use of brand names in specifications is descriptive and not restrictive, and any product of equal quality will be considered.

D. All exceptions to the specifications and/or brand names must be so stated on the

proposal. E. Hays County, at its discretion, may discontinue/terminate any service with 30 days

written notice.

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http://www.ethics.state.us/

SPECIFICATIONS

ANNUAL JANITORIAL SERVICES RFP #2013-P03

INTENT: Hays County is seeking proposals for contractor to provide all equipment, materials, labor and transportation necessary to provide janitorial services for various county buildings and offices. PERFORMANCE: The successful contractor shall satisfactorily perform the work and services at the requested frequencies during the hours specified herein. Evaluations for contract renewal will be based upon frequencies and methods of performance as well as results. EVALUATION CRITERIA The following criteria will be used by City staff to evaluate the proposals and recommend award to City Council:

30% Qualifications – Cleaning and supervisory staff duly qualified, capable and bondable to fulfill and abide by specifications

30% Experience – Experience in janitorial services, including but not limited to years,

history, and references

20% Cost – Monthly fees for buildings. Submittal of the number of persons and the estimated number of hours to complete the cleaning for each facility may be considered.

20% Supplies – Quality of cleaning supplies based on submittal of manufacturers and

samples, if applicable. TERM OF CONTRACT: Contract shall be a period of one (1) year with three (3) additional one- year periods upon agreement of both parties. The County may discontinue any services with 30 days written notice. PRE-BID MEETING: A pre-bid meeting will held on _______________a.m., at __________________, located at__________________. All interested parties will be given a tour of buildings at this time; however, all respondents must be familiar with facilities and County staff expectations.

39

QUALITY CONTROL VERIFICATION: A County representative shall contact the assigned supervisor about problems as they arise. The successful contractor shall provide an experienced supervisor to meet once a month or more frequently, if needed, with the Maintenance Office to determine service quality and correct any on-going problems. REQUIRED CONTRACTOR INSURANCE: Upon award of contract, contractor shall obtain insurance as detailed. Each policy obtained by the contractor for work with this contract, with exception of the Worker's Compensation policy, shall name Hays County as an additional insured, and shall contain waiver of subrogation in favor of Hays County. The coverage and amounts designated are minimum requirements and do not establish limits of the contractor's liability. Additional coverage may be provided at the contractor’s option and expense. Insurance must include: General Liability: Commercial General Liability General Aggregate $2,000,000.00 Personal Injury $1,000,000.00 Property Damage $1,000,000.00 Products/Completed Operations $1,000,000.00 Each Occurrence $1,000,000.00 Automobile Liability: Combined Single Limit $1,000,000.00 Excess Liability: Umbrella Each Occurrence $1,000,000.00 Each Aggregate $1,000,000.00 Worker’s Compensation and Employer Liability: Minimum Requirements under Texas law FIRE PROTECTION AND PREVENTION: 1. The successful contractor shall not store combustible supplies, including but not limited to

rags and paper, near possible sources of ignition. The contractor shall consider contaminated buckets, mops, cloths and brushes as potentially subject to spontaneous heating and shall not store such items in buildings.

2. The successful contractor shall store used wiping cloths and treated dust mops in covered

metal containers. The contractor shall require his/her employees to collect contents of ashtrays in metal containers separate from regular collection containers.

40

TERMINATION OF CONTRACT: Upon failure of the contractor to perform the described services, Hays County may cancel this contract with thirty (30) days written notice.

41

REQUIREMENTS OF THE CONTRACTOR: 1. Maintain an inventory of all cleaning chemicals, paper products, and equipment required to

perform tasks involved. The successful contractor shall furnish two (2) copies of Material Safety Data Sheets (M.S.D.S.). One (1) will be maintained at each facility where work is being performed and one (1) for the Human Resources Division.

2. Provide employees with suitable photo identification and uniform or smock to be worn at

all times when performing custodial services in County facilities. 3. Establish a primary and secondary contact person whom would be available for any

custodial emergencies.

4. Ensure that all his/her employees shall observe all County ordinances and codes when conducting businesses on County premises.

5. At least one (1) contractor’s employee on site at each facility, at all times must be able to

read, speak and write proficiently in the English language. 6. Potential bidders are expected to have a background check on all employees. Due to the

nature of Hays County’s business, convicted felons are not allowed.

CONDUCT OF WORK 1. Each proposer shall submit, with their proposal, the number of persons and the estimated

number of hours to complete the cleaning for each facility. Failure to provide documentation may result in disqualification of proposal.

2. To facilitate inspection by representatives of the County, the successful contractor shall

submit to the County's representative for approval a proposed working plan showing how and when the work is to be performed. This plan shall be submitted five (5) days prior to the starting date of the contract, and shall contain all work specified, herein. Any changes in the work plan during the contract period must be submitted and approved by the County's representative five (5) days prior to initiating the new plan. Failure to provide documentation may result in termination of contract.

3. Any work, which is unsatisfactory to the County's representative, will be called to the

attention of the contractor and the contractor will be required to properly service the area in question and take steps to improve the overall results in the future. Failure by the contractor to comply with such requests will result either in the corrective work being done by others with the cost charged to the contractor, or by deductions being imposed. If the contractor fails to rectify the unsatisfactory conditions, the contract will be terminated.

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4. The successful contractor shall conduct cleaning in such a manner that there will be no interruption in, or interference with the proper execution of County business.

PROTECTION AND DAMAGE 1. The successful contractor shall, without additional expense to the County, be responsible

for all damages to persons or property that occurs as a result of the contractor's fault or negligence in connection with the execution of the work, and shall be responsible for the proper care and protection of work performed. Breakage or loss of office equipment or other property, including that of a county employee, which may occur in or about a building as a result of the contractor's agent or employees, shall be repaired or replaced at the contractor's expense.

2. Facilities damaged due by vandalism, which are linked to any unsecured entryways due to

the negligence of the contractor will be repaired or replaced at the contractor’s expense. 3. The successful contractor shall take all precautions necessary for the protection against

injury of all persons engaged at the site in the performance of the work. The contractor shall observe all pertinent safety practices and comply with applicable safety regulations.

REFERENCES: Respondents shall provide a minimum of three (3) references for which custodial maintenance of the type specified herein has been performed in the last twelve (12) month period. The list of references must be included as part of the returned proposal and include client name, address, contact name, phone number, e-mail address and type of facilities serviced.

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REFERENCES Please indicate here, the names and addresses of persons in management capacity for reference and recommendation. Failure to complete and submit this form may be cause to disqualify your proposal. COMPANY CONTACT PHONE EMAIL NAME NAME ADDRESS NUMBER ADDRESS COMPANY CONTACT PHONE EMAIL NAME NAME ADDRESS NUMBER ADDRESS COMPANY CONTACT PHONE EMAIL NAME NAME ADDRESS NUMBER ADDRESS COMPANY CONTACT PHONE EMAIL NAME NAME ADDRESS NUMBER ADDRESS COMPANY CONTACT PHONE EMAIL NAME NAME ADDRESS NUMBER ADDRESS If needed, please provide separate sheet with information requested. Please note, email address must be included.

OTHER QUALIFICATIONS

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Hays County RFP #2013-P03 – ANNUAL JANITORIAL SERVICES

SPECIFICATIONS

I. CLEANING TASKS Daily Service:

• Clean and disinfect all restroom facilities, including all basins, urinals, commodes and

replenish paper products (cleaning supplies to be furnished by Contractor)

• Clean and disinfect all partitions and shower stalls

• Clean all flush rings, sanitary receptacle and paper units

• Clean and polish all mirrors

• Clean inside and outside glass entranceways and partition glass

• Sweep and clear debris at all landings adjacent to entrances/exits to maintain a clean and

favorable appearance

• Clean and disinfect all countertops and tables

• Clean and disinfect all sinks and refill soap dispensers

• Clean and clear drains in showers

• Clean and polish chrome fixtures in restrooms

• Clean and disinfect all kitchen areas

• Clean inside and outside of all microwave units

• Clean outside of all refrigerators, coffee machines, and other appliances

• Clean and disinfect all table units and wipe down chairs

• Clean and disinfect all drinking fountains

• Empty all trash receptacles, inside and outside, and change liners (liners to be provided by the

Contractor) Failure to empty trash receptacles and remove from premises will result in a

$10.00 deduction of payment per occurrence.

• Remove all garbage from premises. Dumpsters are provided at each site.

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Daily Floor Care:

• Dust mop all hard surface floors with treated dust mop

• Damp mop all hard surface floors to remove stain and spills as necessary

• Damp mop or wet mop floors when necessary due to inclement weather

• Wet mop and disinfect restroom and kitchen floors daily in all buildings

• Vacuum all carpeted areas, excluding locked, individual offices

• Vacuum floor mats; wipe walls behind trash containers

• Spot clean carpet as needed

• Sweep and or vacuum all stairs (where applicable)

Weekly Service: • Wet mop all hard surfaces floors thoroughly

• Clean all door fronts and handles

• Clean all light switches

• Dust all mini-blinds, windowsills, and doorframes

• Dust all ledges, chair rails, and office furniture

• Dust all desks, file cabinets, counters, partitions, and other office equipment/furniture

• Desks shall be feather dusted and only cleaned thoroughly if desk is not in disarray

• Clean and disinfect all telephones

Monthly Service: • Clean all air returns and vents

• Clean all baseboards and kick plates

• Clean and buff all resilient flooring

• Feather dust all corners and ceiling lighting

• Clean and/or dust all hall and lobby walls

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III. FACILITY LOCATION

The contractor will provide and supervise a regular staff of qualified employees to perform janitorial services for the following County Facilities:

Facility Square Footage Address Hays County Precinct 2 14,250 5458 Jack C Hays Trail, Kyle, TX Hays County Precinct 3 1875 14306 RR 12 Wimberley, TX Hays County Precinct 4 6300 195 Roger Hanks Parkway

Dripping Springs, TX

Hays County Precinct 5 5905 500 Jack C Hays Trail, Buda, TX Hays County Development Services, Transportation, Fire Marshal 16,950 2171 Yarrington Road, San Marcos, TX Hays County Transportation Foreman/Crew Building 2,400 2171 Yarrington Road San Marcos, TX Hays County Local Health Dept. 9,200 401 A Broadway Street San Marcos, TX

V. SERVICE HOURS Janitorial services will be provided for each facility according to the following schedules: Daily Monday-Friday Between 8:00 am – 5:00 pm V. SUPPLIES AND MATERIALS • Hays County shall supply all paper goods, including toilet tissue, multi-fold towels, and

paper towels. The successful contractor shall supply all cleaning items, chemicals, trash bags (all sizes), and urinal screens (as needed), for each facility.

• The successful contractor shall furnish all cleaning supplies, materials and equipment necessary for the performance of the work specified. These supplies and materials shall be of quality acceptable to the County. Contractor shall not use any material that the County determines unsuitable for the purpose or harmful to the surfaces to which applied or to any other part of the buildings, its content or equipment.

• Each proposer shall submit, as part of their returned proposal, a list giving the name of the

manufacturer, the brand name and intended use of the chemicals that they propose to use in the performance of the work. If requested, proposer may need to provide samples of cleaning supplies.

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• Any changes in chemical products must be approved by the Maintenance Director prior to

change. • The successful contractor shall furnish a sample of any product upon request by the County’s

designated representative. If the County desires to have a sample tested, and the County's representative is unable to conduct the required test, the contractor shall have the product tested by a recognized laboratory and a copy of the results submitted to the County's representative for approval.

VI. EQUIPMENT All necessary cleaning equipment, including power driven floor scrubbing machines, waxing and

polishing machines, industrial type vacuum cleaners, and all necessary motor trucks, etc., needed for the performance of the work specified shall be furnished by the successful contractor. Such equipment shall be of the size and type customarily used in work of this kind, shall be a commercial grade, and shall meet the approval of the County's representative. Equipment deemed by the County's representative to be of improper type or inadequate for the purpose intended shall be replaced by the contractor at no expense to the County.

VII. HOLIDAYS County offices are closed on the below holidays and services are not required.

New Year’s Day Martin Luther King’s Birthday

President’s Day Good Friday

Memorial Day July 4th

Labor Day Columbus Day Veterans Day

Thanksgiving Day The day after Thanksgiving

Christmas Eve Christmas Day

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VIII. MISCELLANEOUS

Failure to Provide Services

• Failure to provide services in accordance with the specifications may result in non-payment of services by adjustment of monthly fee. Failure to provide services may be cause for termination of the contract.

Keys

• Upon award of the contract, essential keys will be issued for all facilities listed. The contractor must sign for these keys. If contractor loses any keys, they will be charged for replacements. The contractor must return all issued keys at the termination of the contract.

Emergency Phone Numbers

• The contractor must provide County staff with current emergency and non-emergency phone number contacts.

Waste

• The contractor will limit waste of supplies while performing janitorial services.

Additional Services

• Hays County reserves the right to add or delete services and facilities to the contract as may be required. The successful contractor shall be notified in writing of any additional facilities and services and the required specifications and provide Purchasing with a written estimate for the fee prior to said service being performed.

Floor Services Only: The following floor services will be requested on an as-needed basis per facility. Price shall be quoted per square foot: • Shampoo/steam clean carpeted areas

• Strip and re-wax tile floors. The contractor will be required to use a non-skid sealer products

and an ultra high-speed buffer that has the capability of burnishing the wax into the floor.

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BID PROPOSAL 2013-P03

JANITORIAL SERVICES BID SHEET

TO: HAYS COUNTY FROM: ADDRESS CITY STATE/ZIP PHONE ___ ITEM NO. OF UNIT PRICE TOTAL PRICE NO. DESCRIPTION UNITS _________________________ 1. Precinct 2 Offices 12 mos. __________ _____________ 2. Precinct 3 Offices 12 mos. __________ ____________ 3. Precinct 4 Offices 12 mos. __________ ____________ 4. Precinct 5 Offices 12 mos. __________ ____________ 5. Development Services, Transportation, Fire Marshal 12 mos. __________ ____________ 6. Transportation Foreman/ Crew Building 12 mos. __________ ____________ 7 .Local Health Department 12 mos. __________ ____________ Floor services only: Carpet steam cleaning/shampooing ___________ per sq. ft. Stripping and re-waxing of tile flooring ___________ per sq. ft. THE UNDERSIGNED CERTIFIES THE BID PRICE CONTAINED IN THE FOREGOING PROPOSAL HAS BEEN CAREFULLY CHECKED AND IS SUBMITTED IN DUPLICATE AS CORRECT AND FINAL THIS _____ DAY OF _________________, 2011. COMPANY OFFICER (Printed name) OFFICER (Signature)

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AGENDA ITEM

Appoint Cliff Alexander to Emergency Services District #2 as a replacement for Mike Owens.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Mark Jones JONES N/A

SUMMARY 25B51B77B103B129B155B181B207B233BCliff Alexander agreed to serve a two year term beginning February 26, 2013. Mike Owens chose to resign from the position

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AGENDA ITEM

Approve Utility Permits.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding COBB N/A

SUMMARY 25B52B79B106B133B160B187B214B241BPermit Road Name Utility 26B53B80B107B134B161B188B215B242B877 Old Stagecoach Rd Water line

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AGENDA ITEM

Amend the Edward Byrne Law Enforcement Technology Grant budget to decrease computer equipment and increase office and computer supplies.


CONSENT February 26, 2013 $903.00

LINE ITEM NUMBER 001-618-99-075.5211 Office and Computer Supplies

AUDITOR USE ONLY




Sheriff Cutler INGALSBE N/A

SUMMARY 28B60B92B124B156B188B220B252B284BThe Edward Byrne Law Enforcement Technology Grant was accepted on September 18, 2012 and supports the Jail booking area, Narcotics Task Force, and the Criminal Investigation Division. The award period ends on March 31, 2013. This amendment does not require matching funds. 29B61B93B125B157B189B221B253B285BBudget Amendment 30B62B94B126B158B190B222B254B286BDecrease Expense-Computer Equipment Operating 001-618-99-075.5712_400 ($903.00) 31B63B95B127B159B191B223B255B287BIncrease Expense-Office and Computer Supplies 001-618-99-075.5211 $903.00

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FY2013 BUDGET02/26/2013



Agenda Item #5:



GENERAL FUND (001):

Agenda Item #6:



GENERAL FUND (001):

Agenda Item #11:



PARKS FUND (140):

Agenda Item #14:



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vickie_wilhelm

Rectangle




AGENDA ITEM

Authorize the County Judge to execute letter amendments to the Interlocal Agreements between Hays County and the cities of Neiderwald and Uhland regarding roadway maintenance.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



JONES INGALSBE

SUMMARY 24B49B74B99B124B149B174B199B224BThe letter amendment shall reflect the addition of Hays County providing trash pickup services, on an as-needed basis, along county and city roadways.

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FIRST AMENDMENT TO

INTERLOCAL AGREEMENT FOR ROADWAY REPAIR

This 1st Amendment to Interlocal Agreement for the Roadway Repair (“Amendment”) is made this 26 day of February, 2013, by and between Hays County, a political subdivision of the State of Texas (hereinafter referred to as “County"), and the City of Neiderwald (hereinafter referred to as “City”). The above-cited parties are collectively referred to as “the parties to this Agreement” or “the parties.” Section B. Conditions. of the Agreement shall be amended to reflect the following addition. 4. County Trash Pickup Services. In regards to all roads within the city limits the parties agree as follows: a. The parties agree that the County shall provide trash pick-up services with the actual cost of labor, equipment, and materials invoiced to the City. The City hereby agrees to pay all undisputed invoices under this subsection within thirty (30) days of recipt. EXCEPT FOR THE ABOVE MODIFICATION, ALL OTHER TERMS AND CONDITIONS OF THE AGREEMENT SHALL REMAIN UNCHANGED, UNLESS PROPERLY MODIFIED BY SUBSEQUENT AMENDMENT UNDER THE TERMS OF THE AGREEMENT. This 1st Amendment to Interlocal Agreement for the Roadway Repair is hereby executed this the 26 day of February, 2013, as is evidenced by the authorized signatures of the Parties, below.

CITY COUNTY

______________________________________ _____________________________________ CITY MANAGER HAYS COUNTY, TEXAS BERT COBB, M.D. HAYS COUNTY JUDGE ATTEST: _____________________________ ATTEST: ________________________________ CITY CLERK LIZ Q. GONZALES HAYS COUNTY CLERK

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FIRST AMENDMENT TO

INTERLOCAL AGREEMENT FOR ROADWAY REPAIR

This 1st Amendment to Interlocal Agreement for the Roadway Repair (“Amendment”) is made this 26 day of February, 2013, by and between Hays County, a political subdivision of the State of Texas (hereinafter referred to as “County"), and the City of Uhland (hereinafter referred to as “City”). The above-cited parties are collectively referred to as “the parties to this Agreement” or “the parties.” Section B. Conditions. of the Agreement shall be amended to reflect the following addition. 4. County Trash Pickup Services. In regards to all roads within the city limits the parties agree as follows: a. The parties agree that the County shall provide trash pick-up services with the actual cost of labor, equipment, and materials invoiced to the City. The City hereby agrees to pay all undisputed invoices under this subsection within thirty (30) days of recipt. EXCEPT FOR THE ABOVE MODIFICATION, ALL OTHER TERMS AND CONDITIONS OF THE AGREEMENT SHALL REMAIN UNCHANGED, UNLESS PROPERLY MODIFIED BY SUBSEQUENT AMENDMENT UNDER THE TERMS OF THE AGREEMENT. This 1st Amendment to Interlocal Agreement for the Roadway Repair is hereby executed this the 26 day of February, 2013, as is evidenced by the authorized signatures of the Parties, below.

CITY COUNTY

______________________________________ _____________________________________ CITY MANAGER HAYS COUNTY, TEXAS BERT COBB, M.D. HAYS COUNTY JUDGE ATTEST: _____________________________ ATTEST: ________________________________ CITY CLERK LIZ Q. GONZALES HAYS COUNTY CLERK

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AGENDA ITEM

Authorize the County Judge to execute an Engagement Letter between Hays County and Sedgwick, LLP for legal services to be performed by Alan Glen, et al.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



KENNEDY CONLEY COBB

SUMMARY 25B51B77B103B129B155B181B207B233BThis engagement letter simply replaces the Engagement Letter that has been in place for Alan Glen's legal services performed in his capacity as a partner of Smith, Robertson, Elliott, Glen, Klein, and Douglas, LLP.

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February 19, 2013 Attorney-Client Privileged Via E-mail to [email protected] Hays County, Texas ATTN: Mark D. Kennedy, Special Counsel 111 E. San Antonio, Suite 204 San Marcos, Texas 78666

Re: Engagement and Fee Agreement for Legal Services HCP Implementation File No.: 03832.000003

Dear Mark:

We are pleased that you have asked Sedgwick LLP (“Sedgwick,” “we,” “us,” or “our”) to represent and advise Hays County, Texas (“Client,” “you,” or “your”) as legal counsel. This letter agreement confirms our engagement as of February 15, 2013, and sets out the scope of the legal services for which you have retained us and the terms and conditions of our representation. This letter also serves as your authorization for the transfer of your matter files, including electronic documents, from Smith Robertson to Sedgwick.

Scope of Engagement. We will represent you with respect to advising and assisting you in connection with the implementation of a regional habitat conservation plan.

For purposes of this engagement, we will be representing you only, and all duties and responsibilities created and imposed by this agreement shall be owed solely to you and we will not be deemed to represent the interests of any of your affiliates, subsidiaries, parent companies, joint ventures, officers, directors, partners, principals, investors or employees (collectively, “Your Affiliates”), unless otherwise agreed to in writing. Accordingly, we will be free to represent other firm clients adverse to or involving Your Affiliates or their interests. Unless otherwise agreed in writing, the terms of this letter also will apply to any additional matters we agree to handle on your behalf or at your direction.

Fees and Rates. You agree to pay our fees for services, which are primarily determined by multiplying the number of hours we spend working on your matter by the hourly rates then in effect for the professional providing such services. In view of our longstanding relationship with Hays County and the County’s role as a steward of public funds, we are offering the County rates that are significantly discounted from our standard rates. I will be primarily responsible to represent you. My hourly rate fir this matter will be $325.00 per hour. Associate rates will be billed at $225.00 per hour. The hourly rate

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for the legal assistant likely to perform services for you will be $125.00 per hour. It may be necessary or desirable, from time to time, to use other professionals and personnel employed by or associated with us to perform the services you require. We review our hourly rates annually and any changes normally become effective on January 1.

Payment of Costs. You agree to pay all out-of-pocket costs incurred in providing the subject legal representation in connection with any legal proceedings. You will be responsible for the actual fees and expenses on the basis described in this agreement. Further, your obligation to pay such fees and expenses is not contingent upon successful completion of any project.

Those types of out-of-pocket costs will include, but not be limited to: Process server fees, court reporter and transcript costs and fees, substantial messenger and other delivery fees, jury fees, demonstrative exhibits, and expert and consultant fees.

a. Common Costs and Expenses. Common costs and expenses include long distance telephone calls; fax charges; messenger and other delivery fees; postage; parking and other local travel expenses; photocopying and other reproduction costs; charges for research computer time, such as LEXIS and WESTLAW; fees assessed by courts and other agencies; and similar items will be reflected on Sedgwick’s monthly invoices.

b. Out of Town Travel. You agree to pay transportation, meals, lodging, and all other costs of any necessary out-of-town travel by Sedgwick personnel.

c. Experts, Consultants, and Investigators. To aid in preparing the above-referenced matter, Sedgwick may need to retain expert witnesses, consultants, or investigators. Sedgwick will recommend the retention of experts or investigators for your approval to evaluate and analyze technical issues, to report on the facts of this matter, and to testify, if necessary, at trial, or both. Sedgwick will not retain any experts or incur significant expert expenses without your prior approval. While the experts or investigators will report to Sedgwick, they shall be deemed employed by you, not by Sedgwick for purposes of the payment of their fees and costs. They may present invoices for their services to Sedgwick, and after Sedgwick reviews them for accuracy, Sedgwick will forward the invoices to you for direct payment. You agree to pay their fees and charges provided the bills are submitted timely to you.

Billing Policies and Procedures. We submit bills on a monthly basis shortly after services are rendered so you will have a ready means to monitor the expenses you are incurring. Our bills itemize the services performed by date, time required, and the professional performing the services. Payment is due within thirty (30) days of your receipt of the bill. If in the course of our representation we anticipate a significant increase in the level of our activity on your behalf, we may bill you on a basis more frequent than monthly. If you believe the expenses are mounting too rapidly, please contact us immediately so that we may discuss and evaluate your options. When we do not hear from you, we assume you approve of the overall level of activity on our part in this matter on your behalf. Sedgwick reserves the right to assess late charges on outstanding balances not paid within the terms agreed upon in this letter.

We understand that you may request that we submit our invoices electronically through a designated e-billing vendor. While we will endeavor to accommodate any such request, and have been able thus far to accommodate all electronic billing requests, we cannot guarantee that we will be able to comply with

65

all of the technical or other procedural requirements of your designated vendor. We will consider any such request on a case-by-case basis, and conversion to e-billing shall remain subject to our mutual agreement. In addition, please note our submission to e-billing procedures will not alter our current billing cycle as explained above.

Estimates. You may from time to time receive an estimate of the fees and expenses likely to be incurred by you in connection with the services we are providing. An estimate is not a fixed fee and does not constitute a commitment by us to perform services for that amount or an obligation by you to pay that amount. The fees and expenses required ultimately are a function of many conditions over which we have little or no control and may be more or less than any estimate. You will be responsible for the actual fees and expenses on the basis described in this agreement. Further, your obligation to pay such fees and expenses is not contingent upon successful completion of any project.

No Guarantee of Results. Either at the beginning or during the course of our representation, we may express our opinions or beliefs concerning the matter or various courses of action and the results that might be anticipated. Any such statement made by any attorney or employee of our firm is intended to be an expression of opinion only, based on information available to us at the time, and must not be construed by you as a promise or guarantee of any particular result.

Termination of Engagement. Either of us can terminate this relationship at any time, but if we find it necessary to terminate the relationship, we will comply with applicable legal requirements and our ethical obligations to protect your interests in the process of withdrawing. Upon termination of this engagement, you will remain responsible for the payment of all fees and expenses incurred on account of the representation. You also agree that we may apply to the court or other tribunal to withdraw as your counsel in such matter(s) and you hereby consent to such withdrawal and to cooperate fully and promptly in freeing us of any obligation to perform further work, including the execution and delivery of a substitution of attorney form. In addition, you agree to immediately advise the appropriate court or tribunal of replacement counsel.

You also agree to pay us on the same basis as set forth above with respect to our fees and charges and for expenses incurred in responding to subpoenas, in testifying (and preparing testimony) by deposition or otherwise, and otherwise responding with respect to claims or demands relating to or arising out of the matters in which we have represented you, whether or not related to our services and whether or not we are then representing you in other matters.

Client Files. To save costs and improve efficiency, we intend to reduce the number of printed copies we will generate and store. That means that many client files will be “paperless” and that our files for your matter will be mostly or entirely electronic.

At the conclusion of your matters, we will typically send you a written notice that the matter is concluded and ask you what you want us to do with your file. A client always has a right, at all times, to ask for its file, papers, and property. Unless we hear otherwise from you, we will retain a copy of your file for seven (7) years after the matter is concluded and then will discard the electronic copy and any paper documents without further notice to you.

Conflicts of Interest. You understand and acknowledge that while Sedgwick is representing you, we may be asked to represent a client in connection with matters adverse to or involving your interests.

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Because of the size, geographical reach and the broad scope of Sedgwick’s legal practice, it is possible that lawyers in one or more of the firm’s offices or departments may now or in the future represent parties in matters in which their interests are adverse to those of you or your affiliates, or that have contractual or other dealings with Client. By executing this letter, you acknowledge that we may represent in the future, clients who directly, or through an affiliate, may be adverse to you or your affiliates. You hereby acknowledge and agree that you have no objection to our representing such clients adverse to you or your interests in connection with any matter not directly related to those matters for which we are representing or have represented you, and you waive any conflict of interest that may exist by virtue of any such adverse representation, provided that (i) any matter in which Sedgwick represents an adverse party is not substantially related to the firm’s work for Client, and (ii) if appropriate, an ethical wall is created to separate the other matters from the matters Sedgwick is handling for Client. This consent and waiver does not permit us to use any confidential information obtained during the course of our representation of you in any matter, nor does it extend to our engaging in litigation, arbitration or other formal dispute resolution proceedings adverse to you without your consent.

We may have occasion to seek legal advice about our own rights and responsibilities regarding our engagement by Client. We may seek such advice from attorneys in our internal Office of the General Counsel who do not do work for Client or from outside attorneys at our own expense. You agree that any such communications and advice are protected by our own attorney-client privilege and neither the fact of any communication nor their substance is subject to disclosure to you. To the extent that we are addressing our own rights and responsibilities, a conflict of interest might be deemed to exist between us and Client, particularly if a dispute should arise between us. Client hereby consents to such consultation occurring and waives any claim of conflict of interest based on such consultation or resulting communications that would otherwise disqualify us from continuing to represent Client or from acting in our own behalf, even if doing so might be deemed adverse to the interests of Client.

Retainer. While we are not requiring a retainer at the outset of this engagement, we reserve the right to require a retainer in the future if we determine that circumstances so warrant. To the extent our final fees are less than the balance of your retainer, any excess will be returned to you. However, if there are outstanding fees and expenses due us for any other matters we may handle on your behalf, by signing below you acknowledge and agree that we may apply such retainer against any fees or expenses. Without limiting the foregoing, we may require retainers in advance to defray fees and expenses of third parties engaged by us on your behalf (such as experts, consultants, engineers, litigation support services and foreign counsel), which retainers will be applied to pay such third party charges on a current basis. Except as otherwise agreed by you, any retainers so delivered by you in respect of such third party charges will be applied exclusively to that purpose and not to the payment of our legal fees.

Wire Transfer. You may remit the retainer, if one is required for this engagement and any monthly payments to us via wire transfer as follows:

Bank Citibank, N.A. One Sansome Street, 24th Floor San Francisco, CA 94104

ABA No.: 321 171 184

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Swift Code: CITIUS33 (for international wires)

Account Name: Sedgwick LLP

Account No.: 203277462

Special Instr.: Attn: Alan Glen Ref: 03832.000003

Effective Date. This agreement will not take effect, and we will have no obligation to provide services to you, until you return a signed copy of this agreement, but the effective date of this agreement will be retroactive to the date we first provided legal services to you. Even if this agreement is not executed and returned by you, you will be obligated to pay the reasonable value of any services we may have performed for you at your direction.

Entire Agreement. This letter reflects the entire agreement and understanding between you and the Firm. No amendment or modification to this agreement will be effective unless it is in writing and signed by both you and us. Facsimile signatures are as effective as original signatures.

We follow the terms of the Texas Lawyer’s Creed in our practice and in compliance therewith enclose a copy of the Texas Lawyer’s Creed to this engagement letter.

If this agreement is acceptable to you, please sign, date and return this letter to me and keep a copy for your files. You may send it by facsimile to 512-481-8444 or as a PDF file attached to an email to [email protected]. We appreciate this opportunity to be of service to you.

Best regards,

Alan M. Glen Sedgwick LLP

Attachment We hereby agree to retain Sedgwick LLP on the terms described above.

Hays County, Texas

By: Name: Title:

Dated:

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Texas Lawyer’s CreedI am a lawyer. I am entrusted by the

People of Texas to preserve and improve ourlegal system. I am licensed by the SupremeCourt of Texas. I must therefore abide by theTexas Disciplinary Rules of ProfessionalConduct, but I know that professionalismrequires more than merely avoiding the vio-lation of laws and rules. I am committed tothis creed for no other reason than it is right.

I. OUR LEGAL SYSTEMA lawyer owes to the administration of

justice personal dignity, integrity, and inde-pendence. A lawyer should always adhere tothe highest principles of professionalism.

1. I am passionately proud of my profes-sion. Therefore, “My word is my bond.”

2. I am responsible to assure that all per-sons have access to competent representationregardless of wealth or position in life.

3. I commit myself to an adequate andeffective pro bono program.

4. I am obligated to educate my clients,the public, and other lawyers regarding thespirit and letter of this Creed.

5. I will always be conscious of my dutyto the judicial system.

II. LAWYER TO CLIENTA lawyer owes to a client allegiance,

learning, skill, and industry. A lawyer shallemploy all appropriate means to protect andadvance the client’s legitimate rights, claims,and objectives. A lawyer shall not be deterredby any real or imagined fear of judicial disfa-vor or public unpopularity, nor be influencedby mere self-interest.

1. I will advise my client of the contentsof this creed when undertaking representa-tion.

2. I will endeavor to achieve my client’slawful objectives in legal transactions and inlitigation as quickly and economically aspossible.

3. I will be loyal and committed to myclient’s lawful objectives, but I will not per-mit that loyalty and commitment to interferewith my duty to provide objective and inde-pendent advice.

4. I will advise my client that civilityand courtesy are expected and are not a signof weakness.

5. I will advise my client of proper andexpected behavior.

6. I will treat adverse parties and wit-nesses with fairness and due consideration. Aclient has no right to demand that I abuseanyone or indulge in any offensive conduct.

7. I will advise my client that we will notpursue conduct which is intended primarilyto harass or drain the financial resources ofthe opposing party.

8. I will advise my client that we will notpursue tactics which are intended primarilyfor delay.

9. I will advise my client that we will notpursue any course of action which is withoutmerit.

10. I will advise my client that I reservethe right to determine whether to grantaccommodations to opposing counsel in allmatters that do not adversely affect my

client’s lawful objectives. A client has noright to instruct me to refuse reasonablerequests made by other counsel.

11. I will advise my client regarding theavailability of mediation, arbitration, andother alternative methods of resolving andsettling disputes.

III. LAWYER TO LAWYERA lawyer owes to opposing counsel, in

the conduct of legal transactions and the pur-suit of litigation, courtesy, candor, coopera-tion, and scrupulous observance of all agree-ments and mutual understandings. Ill feelingsbetween clients shall not influence a lawyer’sconduct, attitude, or demeanor toward oppos-ing counsel. A lawyer shall not engage inunprofessional conduct in retaliation againstother unprofessional conduct.

1. I will be courteous, civil, and promptin oral and written communications.

2. I will not quarrel over matters of formor style, but I will concentrate on matters ofsubstance.

3. I will identify for other counsel orparties all changes I have made in documentssubmitted for review.

4. I will attempt to prepare documentswhich correctly reflect the agreement of theparties. I will not include provisions whichhave not been agreed upon or omit provi-sions which are necessary to reflect theagreement of the parties.

5. I will notify opposing counsel, and, ifappropriate, the Court or other persons, assoon as practicable, when hearings, deposi-tions, meetings, conferences or closings arecancelled.

6. I will agree to reasonable requests forextensions of time and for waiver of proce-dural formalities, provided legitimate objec-tives of my client will not be adverselyaffected.

7. I will not serve motions or pleadingsin any manner that unfairly limits anotherparty’s opportunity to respond.

8. I will attempt to resolve by agreementmy objections to matters contained in plead-ings and discovery requests and responses.

9. I can disagree without being disagree-able. I recognize that effective representationdoes not require antagonistic or obnoxiousbehavior. I will neither encourage nor know-ingly permit my client or anyone under mycontrol to do anything which would beunethical or improper if done by me.

10. I will not, without good cause,attribute bad motives or unethical conduct toopposing counsel nor bring the professioninto disrepute by unfounded accusations ofimpropriety. I will avoid disparaging person-al remarks or acrimony towards opposingcounsel, parties and witnesses. I will not beinfluenced by any ill feeling between clients.I will abstain from any allusion to personalpeculiarities or idiosyncrasies of opposingcounsel.

11. I will not take advantage, by causingany default or dismissal to be rendered, whenI know the identity of an opposing counsel,without first inquiring about that counsel’sintention to proceed.

12. I will promptly submit orders to theCourt. I will deliver copies to opposing coun-sel before or contemporaneously with sub-mission to the Court. I will promptly approvethe form of orders which accurately reflectthe substance of the rulings of the Court.

13. I will not attempt to gain an unfairadvantage by sending the Court or its staffcorrespondence or copies of correspondence.

14. I will not arbitrarily schedule a depo-sition, court appearance, or hearing until agood faith effort has been made to schedule itby agreement.

15. I will readily stipulate to undisputedfacts in order to avoid needless costs orinconvenience for any party.

16. I will refrain from excessive andabusive discovery.

17. I will comply with all reasonablediscovery requests. I will not resist discoveryrequests which are not objectionable. I willnot make objections nor give instructions to awitness for the purpose of delaying orobstructing the discovery process. I willencourage witnesses to respond to all deposi-tion questions which are reasonably under-standable. I will neither encourage nor permitmy witness to quibble about words wheretheir meaning is reasonably clear.

18. I will not seek Court intervention toobtain discovery which is clearly improperand not discoverable.

19. I will not seek sanctions or disquali-fication unless it is necessary for protectionof my client’s lawful objectives or is fullyjustified by the circumstances.

IV. LAWYER AND JUDGELawyers and judges owe each other

respect, diligence, candor, punctuality, andprotection against unjust and improper criti-cism and attack. Lawyers and judges areequally responsible to protect the dignity andindependence of the Court and the profes-sion.

1. I will always recognize that the posi-tion of judge is the symbol of both the judi-cial system and administration of justice. Iwill refrain from conduct that degrades thissymbol.

2. I will conduct myself in Court in aprofessional manner and demonstrate myrespect for the Court and the law.

3. I will treat counsel, opposing parties,the Court, and members of the Court staffwith courtesy and civility.

4. I will be punctual

5. I will not engage in any conductwhich offends the dignity and decorum ofproceedings.

6. I will not knowingly misrepresent,mischaracterize, misquote or miscite facts orauthorities to gain an advantage.

7. I will respect the rulings of the Court.

8. I will give the issues in controversydeliberate, impartial and studied analysis andconsideration.

9. I will be considerate of the time con-straints and pressures imposed upon theCourt, Court staff and counsel in efforts toadminister justice and resolve disputes.

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AGENDA ITEM

Authorize the Development and Community Services department to add a telephone allowance effective March 1st for the Lead Parks Attendant, slot number 0174-001 and amend the budget accordingly.


CONSENT February 26, 2013 $245.00

LINE ITEM NUMBER 140-700-00.5194

AUDITOR USE ONLY




Clint Garza COBB N/A

SUMMARY 28B60B92B124B156B188B220B252B284BThe Lead Parks Attendant position requires the use of a smart phone in order to conduct daily activities. This authorization is for a new phone allowance. The County issued cell phone for this position has been turned in and service to that phone will be deactivated. 29B61B93B125B157B189B221B253B285BBudget Amendment: 30B62B94B126B158B190B222B254B286BDecrease Telephone and Data Lines: 140-700-00.5489 ($245) 31B63B95B127B159B191B223B255B287BIncrease Telephone Allowance: 140-700-00.5194 $245

70


FY2013 BUDGET02/26/2013



Agenda Item #5:



GENERAL FUND (001):

Agenda Item #6:



GENERAL FUND (001):

Agenda Item #11:



PARKS FUND (140):

Agenda Item #14:



71

vickie_wilhelm

Rectangle




AGENDA ITEM

Accept the annual Racial Profiling Report from Constable Pct. 1.


CONSENT February 26, 2013 N/A

LINE ITEM NUMBER N/A

AUDITOR USE ONLY

AUDITOR COMMENTS:



Constable David Peterson INGALSBE N/A

SUMMARY 27B55B83B111B139B167B195B223B251BPlease refer to attached report.

72




AGENDA ITEM

Discussion and possible action to approve a variance regarding a driveway at 701 Pioneer Trail in Pct. 4.


ACTION-ROADS February 26, 2013 N/A


AUDITOR USE ONLY

AUDITOR COMMENTS:



Borcherding WHISENANT N/A

SUMMARY 27BThe subject driveway was reconstructed at an existing location that has less than recommended sight distance. The limited sight distance resulted in the driveway permit being denied by the Transportation Department. The property owner is asking for a variance to sight distance requirements.

77




AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute a Professional Services Agreement with HDR Engineering, Inc. to provide construction administration and inspection services on the CR 266, Old Bastrop Highway, Priority Road Bond Program project.


ACTION-ROADS February 26, 2013 $309,480.00

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



BORCHERDING INGALSBE N/A

SUMMARY The CR 266, Old Bastrop Highway, project was identified as a key project in Precinct 1 as part of the 2008 Priority Road Bond Program. The project design is complete and construction is expected to begin mid-March. CR 266 is an off-system roadway, therefore, TxDOT will not be providing construction administration and inspection services. As such, it has become necessary to authorize CE&I services on the CR 266 project. Attached are the Professional Services Agreement for the Court's approval and execution by the County Judge. Funds are available within the bond program budget.

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Checklist

Prior to Initiation of Work

Signed and Executed Agreement Scope of Services – Appendix A

o Exhibit A – Services to be provided by County o Exhibit B – Services to be provided by Construction Management Provider o Exhibit C – Work Schedule o Exhibit D – Fee Schedule

Production Schedule – Exhibit IV Hourly Rates of Inspection Provider – Exhibit II Work Authorization - Attachment A to Exhibit I

o Supplemental Work Authorization for Additional Work (if applicable) Data to be provided to Construction Management Provider by County

o Plans o Maps o Studies o Reports o Field Notes o Statistics o Computations o Other:___________________________________________________

Insurance o Worker’s Compensation o Commercial General Liability Insurance o Automobile Liability Insurance o Professional Liability Errors and Omissions Insurance o Self Insurance Documentation o Insurance Certificates for Subcontractors and/or Sub-consultants o Approval of Insurance by County

Course of Work

Original Documents submittal “Completed” Documents “Accepted” Documents Modifications and/or Changes for Approval of Documents “Approved” Documents Revisions to Documents Seal of Endorsement on all Documents Data necessary for applications or documentation for permits and/or grants to be provided by

Engineer to County Notices (as applicable)

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Notice of Suspension Notice of Reinstatement Notice of Termination Notice of Staffing Changes Written Report of Accident

Documentation for Payment

Internal Revenue Form W-9 Invoice for Services Rendered

o Supporting Documentation o Report of Completion Percentage

Invoice for Reimbursables o Proof of prior payment by Engineer of Reimbursables

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PROFESSIONAL SERVICES AGREEMENT

TABLE OF CONTENTS

SECTION: TITLE: PAGE I. Employment of the Construction Management Provider 1 II. Basic Services of the Construction Management Provider 1 III. Fee Schedule 2 IV. Period of Service 3 V. Coordination with the County 4 VI. Review of Work Product 5 VII. Revision to Work Product 6 VIII. Engineer’s Responsibility and Liability 6 IX. Ownership of Documents 7 X. Maintenance of and Right of Access to Records 8 XI. Miscellaneous:

A. Severability 9 B. Venue 9 C. Equal Opportunity in Employment 9 D. Certificate of Construction Management Provider 9 E. Notice 10 F. Insurance Requirements 10 G. Property Taxes 10 H. Successors and Assigns 11 I. Bidding Exemption 11 J. Taxpayer Identification 11 K. Compliance with Laws 11 L. Reports of Accidents 11 M. Entire Agreement 11 N. Captions Not a Part Hereof 12 O. Incorporation of Attachments 12 P. Entity Status 12 Q. Acknowledgement 12 R. Construction Administration Services 12 Signature Page 13

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TABLE OF CONTENTS (cont'd) EXHIBIT I Compensation for Professional Services 14 Attachment A – Work Authorization 16 EXHIBIT II Hourly Rates 18 EXHIBIT III Compensation for Additional Professional Services 19 EXHIBIT IV Production Schedule 20 EXHIBIT V Procedures for Termination or Suspension 21 EXHIBIT VI Equal Opportunity in Employment 22 EXHIBIT VII Insurance Requirements 24 APPENDIX A Scope of Services 26

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PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § § HAYS COUNTY § This Agreement is made and entered into this day by and between Hays County, Texas, a political subdivision of the State of Texas, (the "County") and HDR Engineering Inc. (the " Construction Management Provider"). WHEREAS, County proposes to reconstruct approximately 1.95 miles of two lane rural highway with shoulders from Francis Harris Lane to Centerpoint Road along the Old Bastrop Highway (CR 266); WHEREAS, County desires to obtain professional services for construction management and inspection services (the "Project"); WHEREAS, Construction Management Provider has the professional ability and expertise to fulfill the requirements of the Project, and to counsel County in the selection and analysis of cost-effective alternatives. NOW, THEREFORE, County and Construction Management Provider agree to the performance of the professional services by Construction Management Provider and the payment for these services by County as set forth herein.

Section I Employment of the Construction Management Provider

County agrees to employ Construction Management Provider and Construction Management Provider agrees to perform professional construction management and inspection services for the Project as stated in the Sections to follow. As a condition to employment, it is specifically agreed that any disputes arising hereunder shall be submitted to the agent as designated in the Scope of Services in Appendix A, or as otherwise designated by the Hays County Commissioners Court (individually or collectively the "County Designee"). The County Designee shall have complete authority for the purpose of resolving technical matters. In all other cases, the decision of the Hays County Commissioners Court shall be final and binding, subject to any civil remedies otherwise deemed appropriate by the parties hereto.

Section II Basic Services of the Construction Management Provider

A. In consideration of the compensation herein provided, Construction Management Provider

shall perform construction management and inspection services for the Project, which are acceptable to the County Designee, based on the standard of practice and the scope of work described on the Exhibits attached to this Agreement. Construction Management Provider shall also serve as County's construction manager and inspector in those phases of the

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Project to which this Agreement applies and will consult with and give advice to County during the performance of Construction Management Provider 's services.

B. Construction Management Provider shall not commence work until Construction

Management Provider has been thoroughly briefed on the scope of the Project and has been notified in writing by the County Designee to proceed, as evidenced by a Work Authorization substantially in the form of Attachment A to Exhibit I.

C. County shall provide Construction Management Provider with all existing plans, maps,

studies, reports, field notes, statistics, computations, and other data in its possession relative to existing facilities and to this particular Project at no cost to Construction Management Provider; however, any and all such information shall remain the property of County and shall be returned, if the County Designee so instructs Construction Management Provider. Notwithstanding the above the Construction Management Provider may keep one (1) copy of such information for its business records to the extent the Construction management Provider used such information to provide its professional services herein.

D. Construction Management Provider shall perform the following Basic Scope of

Services:

1. The basic Scope of Services shall generally consist of all elements of work, materials and equipment required for the development of the Project, including any Public Hearings, satisfactory to the County Designee and the County's Commissioners Court, in accordance with the normal degree of care and skill of other reputable Construction Management Providers providing similar services on similar projects of like size and nature at the same time and in the same locale.

2. The following documents shall be used in the development of the Project:

a. Texas Department of Transportation's Standard Specifications for

Construction of Highways, Streets, and Bridges, 2004 (English units) b. TxDOT Construction Contract Administration Manual.

3. As part of the Scope of Services, Construction Management Provider shall submit

its work products to County for review at regular intervals.

4. The detailed Scope of Services for the Project is set forth herein as Appendix A to this Agreement, and is expressly incorporated and made a part hereof.

Section III

Fee schedule A. For and in consideration of the performance by Construction Management Provider of the

work described in the Scope of Services, County shall pay and Construction Management Provider shall receive the fee set forth in Exhibit I. The fee is based upon the hourly rates set forth in Exhibit II. Exhibits I and II are attached hereto and made a part hereof. Invoices

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shall be submitted by Construction Management Provider on a monthly basis and are due upon presentation of all items required hereunder, and shall be considered past due if not paid within thirty (30) calendar days of the due date.

B. For the performance of services not specifically described in the Scope of Services

Construction Management Provider shall receive the additional services compensation described in Exhibit III, which is attached hereto and made a part hereof. In the event of any dispute over the classification of Construction Management Provider 's services as basic or additional services under this agreement, the decision of the County Designee shall be final and binding on Construction Management Provider. However, the Construction Management Provider shall reserve its right to dispute such decision.

Section IV

Period of Service

A. Construction Management Provider shall perform the professional services described in Appendix A, the Scope of Services, in accordance with the Schedule attached hereto as Exhibit IV and made a part hereof.

B. This Agreement shall become effective upon the date approved by County and will remain in

full force and effect for the period required for the design, construction contract award and construction of the Project, including warranty periods and any extensions of time, unless terminated earlier as provided for herein. Construction Management Provider shall complete all work in accordance with the terms specified in written Work Authorizations and in accordance with the production timeline included in the Scope of Services for those Work Authorizations.

C. Neither Construction Management Provider nor County shall be responsible for delays

caused by "Acts of God", non-county governmental processes, national emergency, or any other causes beyond Construction Management Provider 's or County's reasonable control. Upon the discovery of such an event, Construction Management Provider shall notify County, and attend a special meeting with the County Designee to propose a program for a solution to the problem, and, if necessary, to establish an estimated period of time of suspension or extension of the work. A written request for an extension of time, when properly documented and justified by the circumstances, will be granted by the County Designee.

D. County may suspend the work at any time for any reason without terminating this

Agreement by giving written Notice of Suspension and the work may be reinstated and this Agreement resumed in full force and effect within sixty (60) days of receipt by Construction Management Provider of written Notice of Reinstatement from County. Construction Management Provider, upon receipt of a Notice of Suspension shall follow the procedures described in the attached Exhibit V, which is attached hereto and made a part hereof. In the event such suspension of the Project or the Construction Management Provider’s services hereunder extends for a period of ninety (90) days or more, consecutive or in the aggregate, Construction Management Provider may terminate this Agreement in writing and such

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termination shall be treated as a Notice of Termination as provided herein. E. Either party may terminate this Agreement for the substantial failure of the other party to

perform in accordance with the terms of this Agreement (the substantiality of such failure to be based on standard engineering practices and the scope of work described on the Exhibits attached to this Agreement), through no material fault of the terminating party and the failure of that party to cure such failure within a reasonable time period, and County may terminate this Agreement for reasons other than substantial failure by Construction Management Provider to perform by delivering a written Notice of Termination which shall take effect on the tenth day following receipt. If mutually agreed upon, the obligation to provide services under this Agreement may be terminated without cause upon thirty (30) days written notice. Construction Management Provider shall follow the procedures specified in Exhibit V upon issuance or receipt of such notice. In the event of termination of this Agreement because of the substantial failure of Construction Management Provider to perform, County may prosecute the work to completion by contract or otherwise and, in such a case, Construction Management Provider shall be liable for any additional costs incurred by County.

F. All references to time in this Agreement shall be measured in calendar days unless otherwise

specified. Section V

Coordination with the County

A. The County Designee will act on behalf of County with respect to the work to be performed under this Agreement. The County Designee shall have complete authority to interpret and define County's policies and decisions with respect to Construction Management Provider 's services. The County Designee may designate representatives to transmit instructions and receive information.

B. Construction Management Provider shall not commence work on any phase of the Project

until a thorough briefing on the scope of the Project is received and a written Work Authorization is issued by the County Designee in substantially the form of Attachment A to Exhibit I.

C. Construction Management Provider shall have the responsibility at all times under the

terms of this Agreement to advise County whether in Construction Management Provider 's judgment it is feasible to proceed with the recommendations given any constraints affecting the Project.

D. Construction Management Provider shall cooperate and coordinate with County's staff, and

other engineers and contractors as reasonable and necessary and as required by the County Designee.

Section VI

Review of Documents A. Construction Management Provider 's work product will be reviewed by County under its

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applicable technical requirements and procedures. B. Reports and supporting documents, (the "documents"), shall be submitted by Construction

Management Provider on or before the dates specified in the Production Schedule set forth in Exhibit IV. Upon receipt of the documents, the submission shall be checked for completion. "Completion" shall be defined as: all of the required items (as defined by the scope of services described herein) have been included in the work products in compliance with the requirements of this Agreement. . The completeness of any work product submitted to County shall be determined by County within thirty (30) days of such submittal and County shall notify Construction Management Provider in writing within such 30-day period if such work product has been found to be incomplete.

C. If the submission is complete, County shall notify Construction Management Provider and

County’s review process will begin. D. If the submission is incomplete, County shall notify Construction Management Provider,

who shall perform such professional services as are required to complete the work and resubmit it to County. This process shall be repeated until a submission is complete.

E. County shall review the completed work for compliance with the scope of work. If

necessary, the completed work shall be returned to Construction Management Provider, who shall perform any required work and resubmit it to County. This process shall be repeated until the work is accepted. "Acceptance" shall mean thatit meets the Standard of Care..

F. After acceptance, Construction Management Provider shall perform any required

modifications, changes, alterations, corrections, and additional work necessary to receive final approval by the County Designee. "Approval" in this sense shall mean formal recognition that the work has been fully carried out to meet the Standard of Care.

G. After approval of final work products, Construction Management Provider shall without

additional compensation perform any work required as a result of Construction Management Provider 's development of the products which is found to be in error or omission due to Construction Management Provider’s negligence. However, any work required or occasioned for the convenience of County after approval of a final product shall be paid for as Additional Services.

H. In the event of any dispute over the classification of Construction Management Provider’s

work products as complete, accepted, or approved under this Agreement, the decision of the County Designee shall be final and binding on Construction Management Provider, subject to any civil remedy or determination otherwise available to the parties and deemed appropriate by the parties.

Section VII

Revision to Documents

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Construction Management Provider shall make without expense to County such revisions to the documents as may be required to correct negligent errors or omissions so the documents meet the needs of County, but after the approval of the documents any revisions, additions, or other modifications made at County's request which involve extra services and expenses to Construction Management Provider shall entitle Construction Management Provider to additional compensation for such extra services and expenses, provided however, that Construction Management Provider agrees to perform any necessary corrections to the documents, which are found to be in negligent error or omission as a result of the Construction Management Provider’s development of the documents, at any time, without additional compensation. If it is necessary due to such negligent error or omission by Construction Management Provider to revise the plans in order to make the Project constructible, Construction Management Provider shall do so without additional compensation. In the event of any dispute over the classification of Construction Management Provider 's services as Basic or Additional Services under this Agreement, the decision of the County Designee shall be final and binding on Construction Management Provider, subject to any civil remedy or determination otherwise available to the parties and deemed appropriate by the parties.

Section VIII Construction Management Provider’s Responsibility and Liability

A. Construction Management Provider covenants to undertake no task in which a professional

license or certificate is required unless he or someone under his direction is appropriately licensed. In the event such licensed individual's license expires, is revoked, or is canceled, Construction Management Provider shall inform County of such event within five working days.

B. Construction Management Provider shall be responsible for conformance with applicable federal and state laws, county permitting requirements, and city ordinances currently in effect, except as otherwise directed by the County Designee regarding county permitting or similar requirements properly waivable by the County Designee.

C. Acceptance and approval of the final plans by County shall not release Construction

Management Provider of any responsibility or liability for the accuracy and competency of his designs, working drawings, specifications, or other documents or work performed under this Agreement. Neither acceptance nor approval by County shall be an assumption of responsibility or liability by County for any defect, error, or omission in the designs, working drawings, specifications, or other documents prepared by Construction Management Provider.

D. Construction Management Provider shall indemnify, protect, and save harmless County, its

officials and employees and its agents and agents’ employees from and against all claims, suits, actions, liability, loss, damage, reasonable attorney's fees, costs, and expenses (including, but not limited to expenses related to expert witnesses) of any kind whatsoever, to the extent arising from any negligent act, error or omission of Construction Management Provider or any of its subcontractors in connection with the performance of services under this Agreement; provided, however, Construction Management Provider shall not be responsible for the negligence of any other party, other than its subcontractors.

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E. Construction Management Provider represents that it presently has, or is able to obtain,

adequate qualified personnel in its employment for performance of the services required under this Agreement and that Construction Management Provider shall furnish and maintain, at its own expense, adequate and sufficient personnel and equipment, in the reasonable opinion of County, to perform the services when and as required and without delays. It is understood that County will approve assignment and release of all key Construction Management Provider and professional personnel.

F. All employees of Construction Management Provider shall have such knowledge and

experience as will enable them to perform the duties assigned to them. Any employee of Construction Management Provider, who in the opinion of County is incompetent or whose conduct becomes detrimental to the work or coordination with County, shall upon County's and/or County Designee’s request be immediately removed from association with the Project.

G. If the procurement of adequate qualified personnel by Engineer would result in taxable

professional services being charged to Engineer (e.g. Surveying), then the charges for such services shall be paid by County directly so that County may assert tax exemption under Section 151.309 of the Texas Tax Code, or other applicable law. Any such direct payment by County is hereby granted, by the Hays County Commissioners Court, a discretionary exemption from the competitive requirements set out in Section 232.023 of the Texas Local Government Code.

H. Construction Management Provider shall furnish all equipment, transportation, supplies,

and materials required for its operations under this Agreement. I. Construction Management Provider is an independent contractor under this Agreement.

Neither he nor any officer, agent nor employee of Construction Management Provider shall be classified as an employee of County.

Section IX

Ownership of Documents A. Any and all documents, including the original drawings, estimates, computer tapes, graphic

files, tracings, calculations, analyses, reports, specifications, field notes, and data prepared by Construction Management Provider with the exception of those standard details and specifications regularly used by the Construction Mangement Provider in its normal course of business are upon payment of all amounts rightfully owed by the County to the Construction Management Provider herein the property of County and upon completion of the work or termination of this Agreement or as otherwise instructed by County and/or County Designee, shall be delivered to County in an organized fashion with Construction Management Provider retaining a copy.

B. Any reuse by Construction Management Provider of any such documents described in

subsection A above, without the specific written consent of County shall be at Construction

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Management Provider 's sole risk and without liability or legal exposure to County. Should Construction Management Provider be terminated, Construction Management Provider shall not be liable for County's use of partially documents on this Project or any other project, except to the extent such documents were deemed complete or otherwise “Accepted” or “Approved” as provided herein or represent completed work sealed by Construction Management Provider, or Surveyor, as applicable, as specified by professional standards.

C. Construction Management Provider will not be responsible for any use or any

modifications to the documents described in subsection A performed by any entity other than Hays County, and County’s respective engineers and contractors, without the specific written consent of Construction Management Provider or for purposes other than intended by the Construction Management Provider herein. Any modification as described in this paragraph shall be made in accordance with all applicable professional standards.

Section X

Maintenance of and Right of Access to Records

A. Construction Management Provider agrees to maintain appropriate accounting records of time based and reimbursable costs, expenses, and payrolls of employees working on the Project, together with documentation of evaluations and study results for a period of three (3) years after final payment for completed services and all other pending matters concerning this Agreement have been closed.

B. Construction Management Provider further agrees that County or its duly authorized

representatives shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any and all books, documents, papers and records for time based and reimbursable expenses of Construction Management Provider, which are directly pertinent to the services to be performed under this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions. Engineer agrees that County shall have access during normal working hours to all necessary Construction Management Provider facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. County shall give Construction Management Provider reasonable advance notice of intended audits.

C. Construction Management Provider further agrees to include in all its sub-consultant

agreements hereunder a provision to the effect that the sub-consultant agrees that County shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that County shall have access during normal working hours to all sub-consultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section together with subsection (D) hereof. County shall give sub-consultant reasonable advance notice of intended audits.

D. Construction Management Provider and sub-consultant agree to photocopy such documents

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as may be requested by County. County agrees to reimburse Construction Management Provider for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed.

Section XI

Miscellaneous

A. Severability. Any clause, sentence, provision, paragraph, or article of this Agreement held by a court of competent jurisdiction to be invalid, illegal, or ineffective shall not impair, invalidate, or nullify the remainder of this Agreement, but the effect thereof shall be limited to the clause, sentence, provision, paragraph or article so held to be invalid, illegal, or ineffective.

B. Venue. It is contemplated that this Agreement shall be performed in Hays County, Texas,

and the venue and jurisdiction of any suit, right, or cause of action arising out of or in connection with this Agreement shall lie exclusively in Hays County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.

C. Equal Opportunity in Employment. Construction Management Provider agrees, during the

performance of the services under this Agreement, to comply with the equal opportunity in employment provisions cited in Exhibit VI, which is attached hereto and made a part hereof.

D. Certificate of Construction Management Provider. Construction Management Provider

certifies that neither Construction Management Provider nor any members of Construction Management Provider 's firm has:

(1) Employed or retained for a commission, percentage, brokerage, contingency fee, or

other consideration, any firm or person (other than a bonafide employee working solely for Construction Management Provider) to solicit or secure the work provided by the Agreement.

(2) Agreed, as an expressed or implied condition for obtaining this contract, to employ

or retain the services of any firm or person other than in connection with carrying out the work to be performed under this Agreement.

(3) Paid or agreed to pay to any firm, organization, or person (other than bonafide

employees working solely for Construction Management Provider) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the work provided under this Agreement.

Construction Management Provider further agrees that this certification may be

furnished to any local, state or federal governmental agencies in connection with this Agreement and for those portions of the Project involving participation of agency grant funds and is subject to all applicable state and federal, criminal and civil laws.

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E. Notice. Any notice to be given hereunder shall be in writing and may be affected by personal delivery in writing or by registered or certified mail, return receipt requested, addressed to the proper party, at the following address:

PROVIDER: HDR Engineering, Inc. 4401 West Gate Blvd, Suite 400 Austin, TX 78745 COUNTY: Hays County Judge 111 E. San Antonio Street Suite 300 San Marcos, Texas 78666 Attn: Bert Cobb (or successor) with copy to: Hays County District Attorney – Civil Division Chief 111 E. San Antonio, Suite 204 San Marcos, Texas 78666 Attn: Mark Kennedy (or successor) and to: [Program Manager if applicable] ______________________ ______________________ and to: Jerry Borcherding, P.E. P.O. BOX 906 San Marcos, TX 78667 F. Insurance Requirements. Construction Management Provider agrees during the

performance of the services under this Agreement to comply with the INSURANCE REQUIREMENTS provisions described in Exhibit VII, which is attached hereto and made a part hereof.

G. Property Taxes. Notwithstanding anything to the contrary herein, to the extent County

becomes aware that Construction Management Provider is delinquent in the payment of property taxes related to property located in Hays County at the time of invoicing, Construction Management Provider hereby assigns any payments to be made for services rendered hereunder to the Hays County Tax Assessor-Collector for the payment of said delinquent taxes. Notwithstanding the above, County shall not have an affirmative duty to determine if Construction Management Provider is delinquent in the payment of property taxes.

H. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of

County and Construction Management Provider and their respective successors, executors, administrators, and assigns. Neither County nor Construction Management Provider may assign, sublet, or transfer his interest in or obligations under this Agreement without the written consent of the other party hereto.

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I. Bidding Exemption. This Agreement is exempted from the bidding requirements of the

County Purchasing Act pursuant to Section 262.024(a)(4) of the Local Government Code as this is a contract for professional services.

J. Taxpayer Identification. Construction Management Provider shall provide to County

Designee upon submittal of Construction Management Provider’s initial invoice requesting payment Internal Revenue Form W-9 Request for Taxpayer Identification Number and Certification that is completed in compliance with the Internal Revenue Code, its rules and regulations.

K. Compliance with Laws. Construction Management Provider shall comply with all federal,

state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement and applicable, including, without limitation, Worker’s Compensation laws, minimum and maximum salary and wage statutes and regulations, licensing laws and regulations. When required, the Construction Management Provider shall furnish the County with certification of compliance with said laws, statutes, ordinances, rules, regulations, orders, and decrees above specified.

L. Reports of Accidents. Within 24 hours after Construction Management Provider becomes

aware of the occurrence of any accident or other event which results in, or might result in, injury to the person or property of any third person (other than an employee of the Construction Management Provider), whether or not it results from or involves any action or failure to act by the Provider or any employee or agent of the Provider and which arises in any manner from the performance of this Agreement, the Provider shall send a written report of such accident or other event to the County, setting forth a full and concise statement of the facts pertaining thereto. The Provider shall also immediately send the County a copy of any summons, subpoena, notice, or other documents served upon the Provider, its agents, employees, or representatives, or received by it or them, in connection with any matter before any court arising in any manner from the Provider’s performance of work under this Agreement.

M. Entire Agreement. This Agreement represents the entire and integrated Agreement between

County and Construction Management Provider and supersedes all prior negotiations, representations, or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both County and Construction Management Provider.

NO OFFICIAL, EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE COUNTY HAS ANY AUTHORITY, EITHER EXPRESS OR IMPLIED, TO AMEND THIS CONTRACT, EXCEPT PURSUANT TO SUCH EXPRESS AUTHORITY AS MAY BE GRANTED BY THE COUNTY COMMISSIONERS COURT.

N. Captions Not a Part Hereof. The captions or subtitles of the several sections and divisions

of this Agreement constitute no part of the content hereof, but are only labels to assist in locating and reading the provisions hereof.

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O. Incorporation of Exhibits and Attachments. All of the Exhibits and Attachments, and Appendices referred to in the Agreement are incorporated by reference as if set forth verbatim herein.

P. Entity Status. By my signature below, I certify that Construction Management Provider is

a corporation, duly authorized to transact and do business in the State of Texas. Q. Acknowledgement. As a duly authorized representative of Construction Management

Provider, I acknowledge by my signature below that I have read and understand the above paragraphs and that Construction Management Provider has the obligation to ensure compliance with its provisions by itself and its employees, agents, and representatives.

R. Construction Administration Services. Contruction Management Provider's observation or

monitoring portions of the work performed under construction contracts shall not relieve construction contractor(s) from responsibility for performing work in accordance with applicable contract documents. Contruction Management Provider shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. Contruction Management Provider shall not be responsible for the acts or omissions of construction contractor(s) or other parties on the project.

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EXECUTED this_____ day of ___________, 2013.

CONSTRUCTION MGMT PROVIDER: HAYS COUNTY: HDR ENGINEERING, INC. BY:________________________________ BY:_______________________________ _______________________________ Printed Name:________________________ Hays County Judge Title:_______________________________

Reviewed as to Form By: ___________________________________ County Attorney

Funds Verified By: ____________________________________

County Auditor

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EXHIBIT I

COMPENSATION FOR PROFESSIONAL SERVICES

ACTUAL COST OF SERVICES METHOD [Note: A separate Compensation Agreement will be attached for Compensation on a Work-Order Basis] SECTION 1 - BASIS FOR COMPENSATION 1.1 The not-to-be-exceeded fee for the performance of the Scope of Services described in the

Agreement shall be the sum of $309,480.00. 1.2 The basis of compensation for the services of principals and employees engaged in the

performance of the work shall be the hourly rates set forth in attached Work Authorization No. 1.

1.3 Construction Management Provider shall be reimbursed for actual non-labor and

subcontract expenses incurred in the performance of the services under this Agreement at the Engineer’s invoice cost.

SECTION 2 - NOT-TO-BE-EXCEEDED FEE 2.1 Construction Management Provider and County acknowledge the fact that the not-to-be-

exceeded fee is the total estimated costs of services to be rendered under this Agreement. This not-to-be-exceeded fee is based upon the labor and non-labor costs set forth in Exhibit II to this Agreement and described above, estimated to be required in the performance of the various phases of work provided for under this Agreement. Should the actual costs of the services rendered under this Agreement be less than such estimated cost, then Construction Management Provider shall receive compensation for only those services actually rendered.

SECTION 3 – WORK AUTHORIZATIONS 3.1 County will prepare and issue Work Authorizations, in the form identified and attached

hereto as Attachment A to authorize the Construction Management Provider to perform one or more tasks. Each Work Authorization will include a description of the work to be performed, a description of the tasks and milestones, a work schedule for the tasks, and a fee amount agreed upon by the County and Construction Management Provider. The amount payable for a Work Authorization shall be supported by the estimated cost of each work task as described in the Work Authorization. The Work Authorization will not waive the Construction Management Provider’s responsibilities and obligations established in this Agreement. The executed Work Authorizations shall become part of this Agreement.

3.2 Work included in a Work Authorization shall not begin until County and Construction

Management Provider have signed the Work Authorization. All work must be completed

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on or before the completion date specified in the Work Authorization. The Construction Management Provider shall promptly notify the County of any event which will affect completion of the Work Authorization, although such notification shall not relieve the Construction Management Provider from costs or liabilities resulting from delays in completion of the Work Authorization. Any changes in the Work Authorization shall be enacted by a written Supplemental Work Authorization before additional work may be performed or additional costs incurred. Any Supplemental Work Authorization must be executed by both parties within the period specified in the Work Authorization. The Construction Management Provider shall not perform any proposed work or incur any additional costs prior to the execution, by both parties, of a Supplemental Work Authorization.

SECTION 4 - ADDITIONAL SERVICES 4.1 For additional services, compensation shall be negotiated in accordance with Exhibit III. 4.2 Construction Management Provider shall be compensated for extra services not included in

the Scope of Services described in the Agreement on the basis specified in Exhibit III; however, Construction Management Provider shall not be compensated for work made necessary by Construction Management Provider 's negligent errors or omissions.

4.3 The maximum amount payable under this Agreement without modification (the

“Compensation Cap”) is $309,480.00, provided that any amounts paid or payable shall be solely pursuant to a validly issued Work Authorization or any Supplemental Work Authorization related thereto. In no event may the aggregate amount of compensation authorized under Work Authorizations and Supplemental Work Authorizations exceed the Compensation Cap.

SECTION 5 – REQUIRED SUPPORTING DOCUMENTATION 5.1 Upon submittal of the initial invoice for service, Construction Management Provider shall

provide the Hays County Auditor with an Internal Revenue Form W-9, Request for Taxpayer Identification Number and Certification that is complete in compliance with the Internal Revenue Code, its rules and regulations.

5.2 All invoices submitted to the Hays County Auditor will be accompanied by an original,

complete packet of supporting documentation. Invoices should detail hours worked by staff person, with a description of the work performed by individuals. Invoices should also contain a representation of the percentage of completion relative to that segment of the Project.

5.3 For additional services performed pursuant to Section III B of this Agreement, a separate

invoice or itemization of this work will be presented with the same requirements for supporting documentation as in Section 5.2 of this Exhibit.

5.4 Invoices requesting reimbursement for expenditures related to the project (reimbursables)

must be accompanied by copies of the provider’s invoice which was previously paid by Construction Management Provider.

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ATTACHMENT A

WORK AUTHORIZATION NO. ______

This Work Authorization is made pursuant to the terms and conditions of the Agreement entered into by and between Hays County, Texas, a political subdivision of the State of Texas, (the "County") and ____________________________ (the "Engineer"). Part1. The Engineer will provide the following engineering services: Part 2. The maximum amount payable for services under this Work Authorization without modification is ______________. Part 3. Payment to the Engineer for the services established under this Work Authorization shall be made in accordance with the Agreement. Part 4. This Work Authorization shall become effective on the date of final acceptance of the parties hereto and shall terminate on ____________, unless extended by a Supplemental Work Authorization. Part 5. This Work Authorization does not waive the parties’ responsibilities and obligations provided under the Agreement.

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ATTACHMENT A (con’t.) Part 6. This Work Authorization is hereby accepted and acknowledged below. ENGINEER: COUNTY: _____________________ Hays County, Texas By:__________________________ By:______________________ Signature Signature __________________________ _______________________ Printed Name Printed Name __________________________ _______________________ Title Title __________________________ _______________________ Date Date LIST OF EXHIBITS Exhibit A - Services to be Provided by County Exhibit B - Services to be Provided by Engineer Exhibit C - Work Schedule Exhibit D - Fee Schedule

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EXHIBIT II

HOURLY RATES

2013 2014

1. Project Manager ............................$ 188.50 $ 196.00 2. Senior Inspector ............................$ 120.50 $ 125.50 3. Admin. Assistant / Clerical ...........$ 62.50 $ 65.00

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EXHIBIT III

COMPENSATION FOR ADDITIONAL PROFESSIONAL SERVICES 1. The fees described in Exhibits I and II to this Agreement shall provide compensation to

Construction Management Provider for the work described in the Basic Scope of Services of the Agreement.

2. For the performance of work not described in the Basic Scope of Services of the Agreement,

County shall pay and Construction Management Provider shall receive, under a negotiated contract modification, compensation based upon the method and rates set forth in Exhibits I and II to the Agreement.

3. The performance of any additional services must be authorized in writing in advance by the

Hays County Commissioners Court. 4. In the event of any dispute over the classification of Construction Management Provider 's

services as either basic or additional services, the decision of the Hays County Commissioners Court shall be final and binding however Construction Management Provider shall reserve its right to dispute such decision.

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EXHIBIT IV

PRODUCTION SCHEDULE This Agreement shall become effective upon the date approved by County and will remain in full force and effect for the period required for the design, construction contract award and construction of the Project, including warranty periods and any extensions of time, unless terminated earlier as provided for herein. Construction Management Provider shall complete all work as described in the Scope of Services within the timeline and/or schedule provided in the Scope of Services. The number of days expiring from the date of submittal to County of a complete work product to the date the review is finished and comments returned to Construction Management Provider shall not be included within the days allowed for completion.

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EXHIBIT V

PROCEDURES FOR TERMINATION OR SUSPENSION

Procedures for Construction Management Provider to follow upon receipt of Notice of Termination: 1. Upon receipt of a Notice of Termination and prior to the effective date of the termination,

Construction Management Provider shall, unless the Notice otherwise directs, immediately begin to phase out and discontinue all services in connection with the performance of this Agreement and shall proceed to promptly cancel all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after receipt of the Notice of Termination Construction Management Provider shall submit a statement, showing in detail the services performed under this Agreement prior to the effective date of termination.

2. Copies of all completed or partially completed designs, plans, and specifications prepared

under this Agreement prior to the effective date of termination shall be delivered to County as a pre-condition to final payment.

3. Upon the above conditions being met, County shall pay Construction Management

Provider for approved services actually performed under this Agreement, less previous payments.

Procedures for Construction Management Provider to follow upon receipt of Notice of Suspension: 1. Upon receipt of a Notice of Suspension and prior to the effective date of the suspension,

Construction Management Provider shall, unless the Notice otherwise directs, immediately begin to phase-out and discontinue all services in connection with the performance of this Agreement and shall prepare a statement detailing the services performed under this Agreement prior to the effective date of suspension. Copies of all completed or partially completed designs, plans and specifications prepared under this Agreement prior to the effective date of suspension shall be prepared for possible delivery to County, but shall be retained by Construction Management Provider unless requested by County.

2. During the period of suspension, Construction Management Provider may submit the

above-referenced statement to County for payment of the approved services actually performed under this Agreement, less previous payments.

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Procedures for Construction Management Provider to follow upon exercise of right to terminate for substantial failure of County to perform: 1. In the event that Construction Management Provider exercises such right to terminate,

within thirty (30) days after receipt by County of Construction Management Provider’s Notice of Termination, Construction Management Provider shall submit a statement detailing the services performed under this Agreement prior to the effective date of termination.

2. Copies of all completed or partially completed reports, designs, plans, studies, specifications

and other work product shall be delivered to County as a pre-condition to final payment. Upon the above conditions being met, County shall pay Construction Management Provider for approved services actually performed under this Agreement, less previous payments.

EXHIBIT VI

EQUAL OPPORTUNITY IN EMPLOYMENT

A. Engineer will not discriminate against any employee or applicant for employment because

of race, color, religion, sex, or national origin. Construction Management Provider will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. Construction Management Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause.

B. Construction Management Provider will, in all solicitations or advertisements for

employees placed by or on behalf of Construction Management Provider, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.

C. Construction Management Provider will send to the labor union representative or workers

with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or worker's representatives of Construction Management Provider 's obligations under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

D. Construction Management Provider will comply with the Regulations of the Department of

Transportation (49 CFR 21 and 23 CFR 710.405) and all provisions of Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 (41 CFR 60) and of the rules, regulations and relevant order of the Secretary of Labor.

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E. Construction Management Provider will furnish all information and reports required by

Executive Order 11246 of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto; and will permit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

F. In the event of Construction Management Provider 's non-compliance with the non-

discrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and Construction Management Provider may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 (41 CFR 60) or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

G. Construction Management Provider will include the provisions of paragraph (A.) through

(F.) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 or Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 (41 CFR 60), so that such provisions will be binding upon each subcontractor or vendor. Construction Management Provider will take such action with respect to any subcontractor purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for non-compliance: provided, however, that in the event Construction Management Provider becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by County or Federal Agency, Construction Management Provider may request County and United States to enter into such litigation to protect the interest of the United States.

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EXHIBIT VII

INSURANCE REQUIREMENTS

During the life of this Agreement, Construction Management Provider agrees to provide and maintain the following insurance: A. Worker's Compensation in accordance with statutory requirements. B. Commercial General Liability Insurance with a combined minimum Bodily Injury and

Property Damage limits of $_1,000,000.00_ per occurrence and $_2,000,000.00_ in the aggregate, including coverage on same for independent subcontractor(s). HAYS COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED UNDER THIS COVERAGE.

C. Automobile Liability Insurance for all owned, non-owned, and hired vehicles with combined

minimum limits for Bodily Injury and Property Damage limits of $_1,000,000.00_ per occurrence and $_1,000,000.00_ in the aggregate. Engineer shall require any subcontractor(s) to provide Automobile Liability Insurance in the same minimum amounts.

D. Professional Liability Errors and Omissions Insurance in the amount of $_1,000,000.00_per

claim. E. In the event Construction Management Provider is self-insured in connection with any or

all of the above-required insurance policies, Construction Management Provider shall submit proof of such self-insurance and all financial statements as reasonably required by the County in order to determine the acceptability of such self-insurance.

Construction Management Provider shall not commence any field work under this Agreement until he has obtained all required insurance and such insurance or self-insurance has been approved by County. Construction Management Provider shall not allow any subcontractor(s) to commence work to be performed in connection with this Agreement until all required insurance has been obtained and approved. Approval of the insurance by County shall not relieve or decrease the liability of Construction Management Provider hereunder. The required insurance must be written by a company approved to do business in the State or Texas with a financial standing of at least an A- rating, as reflected in Best’s insurance ratings or by a similar rating system recognized within the insurance industry at the time the policy is issued. Construction Management Provider shall furnish County with a certification of coverage issued by the insurer. Construction Management Provider shall not cause any insurance to be canceled nor permit any insurance to lapse. ALL INSURANCE CERTIFICATES SHALL INCLUDE A CLAUSE TO THE EFFECT THAT THE POLICY SHALL NOT BE CANCELED OR REDUCED, RESTRICTED OR LIMITED UNTIL TEN (10) DAYS AFTER COUNTY HAS RECEIVED WRITTEN NOTICE AS EVIDENCED BY RETURN RECEIPT OF REGISTERED OR CERTIFIED LETTER. It is the intention of the County and the Hays County Commissioners Court, and agreed to and

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hereby acknowledged by the Construction Management Provider, that no provision of this Professional Services Agreement shall be construed to require the County or any agent of Hays County to submit to mandatory arbitration or mediation in the settlement of any claim, cause of action or dispute, except as specifically required in direct connection with an insurance claim or threat of claim under an insurance policy required under this Exhibit which absolutely requires arbitration or mediation of such claim, or as otherwise required by law or a court of law with jurisdiction over the provisions of this Agreement.

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APPENDIX A

SCOPE OF SERVICES

The scope of services to be provided by the Construction Management Provider shall be included with each Work Authorization under this Agreement. THE COUNTY DESIGNEE THAT SHALL BE THE PRIMARY POINT OF CONTACT UNDER THIS AGREEMENT SHALL BE JERRY BORCHERDING, P.E..

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CONTRACT NO. ____________ Work Authorization No. #1

Page 1 of 7

WORK AUTHORIZATION NO. #1

THIS WORK AUTHORIZATION is made pursuant to the terms and conditions of the Agreement entered into by and between Hays County, Texas, a political subdivision of the State of Texas, (the “County”), and HDR Engineering, Inc. (the “Engineer”).

Part 1. The Engineer shall provide Construction Administration and Inspections services for the Old Bastrop Highway (CR 266) Priority Road Bond Project (the “Project”). The responsibilities of the Engineer and project work schedule are further detailed in Attachments B and C, which are attached hereto and made a part of the Work Authorization.

Part 2. Without modification, the maximum amount payable for services performed under this Billing Rates Work Authorization is $ 309,480.00. The fee schedule used to establish the maximum amount payable is attached hereto as Attachment D1. The Engineer may alter the compensation distribution between individual phases, tasks or work assignments to be consistent with Services actually rendered, within the total amount. The billing rates and classifications are attached hereto as Attachment D2.

Part 3. Payment to the Engineer for services established under this Work Authorization will be made in accordance with the Agreement.

Part 4. This Work Authorization will become effective on the date of acceptance of the parties hereto and shall terminate on February 28, 2014, unless extended by a Supplemental Work Authorization.

Part 5. This Work Authorization does not waive the parties’ responsibilities and obligations provided under the contract.

Part 6. This Work Authorization is hereby accepted and acknowledged below.

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ENGINEER: COUNTY: HDR Engineering, Inc. Hays County, Texas

By: _______________________________ By: _______________________________ Signature Signature

________________________________ ________________________________ Printed Name Printed Name

________________________________ ________________________________ Title Title

________________________________ ________________________________ Date Date

LIST OF ATTACHMENTS Attachment A – Services to be provided by the County. Attachment B – Services to be provided by the Engineer. Attachment C – Fee Schedule.

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ATTACHMENT A

SERVICES TO BE PROVIDED BY THE COUNTY

In addition to the services listed in the Agreement, the County will provide the following services:

1. Provide work space at the County Transportation Office with access to the internet and a copier to assist in the preparation and reproduction of daily construction activity reports and other related documents.

2. Furnish available reference documents, information and project data needed for the work in this Contract.

3. Perform timely review and processing of monthly invoice submissions.

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ATTACHMENT B

SERVICES TO BE PROVIDED BY THE ENGINEER

SCOPE OF SERVICES

Pursuant to the Agreement and the terms of this Work Authorization, the Engineer will provide Professional Engineering Services for the Project, as set forth below.

Services for this Work Authorization are not intended to be performed under a TxDOT-funded or Federally-funded project.

This scope of services includes providing 1,920 hours of construction inspector and 180 project management hours over a 12 consecutive month period based on the project construction schedule of 330 calendar days. Services required in excess of this level of effort shall be considered additional services and require a supplemental work authorization.

Project Management and Coordination

A. Coordinate with Hays County and other agencies as necessary.

B. Provide Project Administration and Controls. Prepare and submit a monthly invoice package, which shall include the engineer’s invoice.

Professional Engineering Construction Inspection Services

HDR shall provide a construction inspector who will:

Review and become familiar with the contract documents;

Attend the preconstruction meeting;

Serve as the “Owner’s Representative”;

Attend construction progress meetings;

Receive submittals and requests for information (RFI’s), distribute to appropriate parties and maintain a log of such for reviews at construction progress meetings;

Comply with County policies and procedures with regard to inspection of Capital improvement projects;

Utilize standard County forms required for inspection of Capital improvement projects (if available);

Report to and work under the direction of the County Engineer who will review documentation provided in accordance with County policies and procedures;

Review and confirm pay quantities for monthly payment applications;

Draft construction change documents in accordance with County standard procedures;

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Be present at the jobsite for the construction of critical inspection items;

Monitor the construction progress and complete construction daily progress reports;

Provide daily forms to the County Engineer for review as requested;

Monitor compliance with the construction contract documents;

Monitor daily maintenance of traffic control and BMPs. Notify Contractor of non-compliance. Contractor is solely responsible for maintenance and required corrective action on all traffic control and BMP elements.

Issue unacceptable work letters as needed;

Prepare construction closeout documentation;

Schedule and be present to witness construction material testing;

Exclusions

The Engineer shall not:

Expedite the work for the Contractor;

Supervise, direct, or have control over the Contractor’s work or personnel;

Authorize any deviation from the plans, specifications, or other Contract Documents or approve any substitute materials without the consent of the County;

Be responsible for any aspects of the means, methods, techniques, sequences, quality, procedures, or programs of the Contractor; or

Be responsible for any safety precautions or programs in connection with the work as the Contractor is solely responsible for the safety of the workforce and traveling public.

DELIVERABLES

1. Daily reports, photos, change orders, submittal logs, quantity books, and inspection reports in accordance with County policies.

TIME OF COMPLETION

HDR is authorized to commence work on the Project upon execution of this AGREEMENT and receipt of notice to proceed and agrees to complete the services in accordance with the project construction schedule, not to exceed 12 consecutive months.

DESIGNATED REPRESENTATIVES

HDR and OWNER designate the following representatives:

Owner’s Designated Representative – Jerry Borcherding, P.E., Hays County Tranportation Department, (512) 393-7385, [email protected]

HDR Project Manager – Allen Crozier, P.E., 4401 West Gate Blvd., Suite 400, Austin, Texas 78745-1469, (512) 912-5148, [email protected]

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ATTACHMENT C

FEE SCHEDULE

SEE ATTACHED EXCEL SPREADSHEET

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ATTACHMENT D2 RATES & CLASSIFICATIONS

2013 2014 CLASSIFICATION BILLING RATE BILLING RATE Project Manager $188.50 $196.00 Senior Inspector $120.50 $125.50 Administrative Assistant / Clerical $62.50 $65.00

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CR 266 Construction Inspection ServicesLabor Hours

2013 Total Loaded Loaded TotalLabor Category Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Hours Rate (2013) Rate (2014) Fee

Project Manager 8 8 8 8 8 8 8 8 8 8 6 4 90 $188.50 $196.00 $17,040.00Senior Inspector 200 200 160 160 160 160 200 200 160 160 80 80 1920 $120.50 $125.50 $232,160.00Clerical / Administrative 8 8 8 8 8 8 8 8 8 8 6 4 90 $62.50 $65.00 $5,650.00

Total Fee = $254,850.00

Labor rates include a 4% escalation from 2013 to 2014.Labor rates include all direct expenses (cell phone, computer, truck lease, truck insurance, fuel, etc.)

SubconsultantsPAVETEX (Sampling & Testing) Subconsultant Total = $54,630.00

Work Authorization Total = $309,480.00

ATTACHMENT CFEE SCHEDULE

2014

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AGENDA ITEM

Authorize the County Judge to execute a contract with Lockwood, Andrews & Newnam, Inc. (LAN) for professional Right-of-Way (ROW) services on the FM 110 (SH123-Yarrington Rd.) project in Hays County.


ACTION-ROADS February 26, 2013 $750,000.00

LINE ITEM NUMBER 026-801-96-504.5621_400

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: YES AUDITOR REVIEW: BILL HERZOG


Michael J. Weaver INGALSBE N/A

SUMMARY

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AGENDA ITEM

Call for a public hearing on March 12, 2013 to establish traffic regulations in Leisurewoods subdivision.


ACTION-ROADS February 26, 2013

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Jerry Borcherding JONES N/A

SUMMARY 25B51B77B103B129B155B181B207B233BTo establish: a 3-way stop at the intersection of Pine Siskin Drive and Willet Drive and a 3-way stop at the intersection of Pine Siskin Drive and Verdin Drive in Leisurewoods subdivision.

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at Willet Drive & at Verdin Drive.

160




AGENDA ITEM

Discussion and possible action to convey 0.133 acres of Right of Way near the intersection of San Antonio Street and Hopkins adjacent to the current ESD#3 property to the City of San Marcos.


ACTION-ROADS February 26, 2013

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



INGALSBE INGALSBE N/A

SUMMARY 25B51B77B103B129B155B181B207B233BThis ROW is needed for improvements to be made to Hopkins Street which is a county road connector and an important thoroughfare for mobility within the corporate limits within the City of San Marcos.

161

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.

WARRANTY DEED Date: Grantor: Hays County, a political subdivision of the State of Texas Grantor’s Mailing Address: Grantee: The City of San Marcos, Texas, a home rule municipality Grantee’s Mailing Address: 630 East Hopkins Street, San Marcos, Hays County, Texas 78666 Consideration: Ten Dollars ($10.00) and other good and valuable consideration, the

receipt of which is hereby acknowledged. Property (including any improvements): A 0.133 acre (5,790 square feet) tract situated in the J.M. Veramendi Survey No. 1, Abstract No. 17, Hays County, Texas, and being a portion of a called 5 acres tract as described in a document to Hays County, Texas and recorded in Volume 63, Page 392 of the Deed Records of Hays County, Texas, and being more particularly described by metes and bounds in Exhibit “A,” attached hereto and made a part hereof. Grantor, for the Consideration, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee’s successors or assigns forever. Grantor binds Grantor and Grantor’s heirs, executors, administrators and successors to warrant and forever defend all and singular the property to Grantee and Grantee’s successors and assigns against every person whomever lawfully claiming or to claim the same or any part thereof. When the context requires, singular nouns and pronouns include the plural. EXECUTED on this ______ day of ________________, 2013 to be effective as of the date first written above.

[signature on next page]

GRANTOR:

167

Hays County, Texas By: _________________________________ Honorable Judge Bert Cobb, M.D. Hays County Judge Attest:

____________________________________ Date: ________________ Liz Q. Gonzalez, Hays County Clerk

ACKNOWLEDGMENT The State of Texas §

§ County of Hays §

This instrument was acknowledged before me on ___________________ by Bert Cobb, M.D., County Judge of Hays County, Texas, in such capacity on behalf of said County.

_________________________________

Notary Public, State of Texas

EXHIBIT A Legal Description

168

(next page)

169




AGENDA ITEM

Consider and take appropriate action to submit transportation project funding requests on the Texas state highway system to the Capital Area Regional Transportation Planning Organization (CARTPO) by March 1.


ACTION-ROADS February 26, 2013 None

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Borcherding CONLEY N/A

SUMMARY 26B53B80B107B134B161B188B215B242BCARTPO is soliciting requests by March 1 for transportation projects on the state highway system within each of the 10 counties served by CARTPO and CAPCOG. According to the attached CARTPO instructions for the 2013 call for projects, each County may submit 1) three large, long term regional projects and 2) three small, short term local projects. CARTPO will prioritize the large regional projects and transmit both lists to TxDOT for funding consideration. Attached are the results of prioritization for projects previously submitted in 2011. Two projects submitted by Hays County in 2011 (rank 7 and 10) were funded by TxDOT Proposition 12 funds for FY 2012 and 2013. They are FM 2439 (Hunter Rd.) and IH 35 at Cement Plant Rd., projects which are currently in design. Attached for the Court's consideration is a list of unfunded candidate transportation projects from which to select the six projects to be submitted.

170

Capital Area Regional Transportation Planning Organization

Instructions for 2013 Call for Projects

1) Each county in the CAPCOG region may submit three projects for each of the Project List Categories : A) Regional: larger, more expensive projects that will likely require long-term programming to

fund and complete. These projects are expected to have major impact towards improving the roadway system in the 10-county region. These projects will be ranked at the March 22nd CARTPO meeting,

B) Local: smaller, more easily completed projects that are not only smaller in size and cost, but also generally of more local roadway improvement impact. These projects will not be scored, but will serve to provide TXDOT with a list of projects that can be addressed when funds for smaller projects become available.

Projects should be submitted to David Fowler, CAPCOG Senior Planner at [email protected] by close of business Friday, March 1, 2013.

2) To put together your submissions for both lists, please contact your county’s Transportation official, TxDOT Area Engineer, and appropriate officials from cities within your county. Please have one CARTPO representative from your county serve as the lead for compiling projects and organizing the presentation.

3) Each County will have 10 minutes to present its projects at the meeting on March 22nd, 2013. 4) Each County delegation gets one vote, and is allowed to vote on projects in counties other than

their own. If each member of a county’s delegation wants to vote individually, the votes of the county’s representative will be averaged to arrive at the county’s scoring of the projects.

5) The counties scoring the projects will award from 1-10 points for each project in the following categories:

• Safety Enhancement

• Congestion Relief

• Air Quality improvement

• System Preservation

• Economic Opportunities

• Local Participation in Project

171


HAYS COUNTY CANDIDATE CARTPO PROJECTS

Regional Large Long-Term Projects

1. SH 21 – SH 130 to SH 80 – MAD 6 2. SH 80 – IH 35 to CR 266 (Old Bastrop Hwy) – MAD 6 3. SH 123 – IH 35 to FM 1978 (Beback Inn Rd.) in Guadalupe County – MAD 6 4. FM 150 – RM 12 to IH 35 @ FM 110/Yarrington Rd – MAD 4 5. FM 2001 – IH 35 to SH 21 @ Rhode Ln. – MAD 4 (realignment) 6. FM 2770 – FM 967 to FM 150 – MAD 4 7. RM 12 – Fitzhugh Rd. to FM 150 – MAD 4 8. RM 1826 – SH 45 to FM 150 – MAD 4 9. Loop 82/ Aquarena Springs Dr. Railroad overpass (San Marcos)

Local Small Short-Term Projects

1. SH 21 @ Cotton Gin Rd. intersection improvements (*) 2. SH 80 @ CR 266 intersection improvements (*) 3. RM 12 @ Fitzhugh Rd. intersection improvements (*) 4. RM 1826 @ FM 150 intersection improvements (*) 5. RM 1826 @ Bear Creek Dr. intersection improvements 6. RM 1826 @ Bear Creek Pass intersection improvements 7. RM 1826 @ Friendswood Ln. intersection improvements 8. FM 150 – RM 12 to FM 2770 – add shoulders and SETs (*) 9. RM 12 – Fitzhugh Rd. to FM 150 – add shoulders and SETs (*) 10. RM 12 – RM 32 to Wonder World Dr. – add shoulders, left turn lanes and SETs 11. RM 1826 – SH 45 to FM 150, add shoulders and SETs (*)

NOTE: (*) indicates projects submitted to CAMPO in 2011, but not funded.

172

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174




AGENDA ITEM

Discussion and possible action approving the Hays County Judge to execute the Advanced Funding Agreement with the Texas Department of Transportation for the RM 12 Parkway Priority Road Bond Program Project


ACTION-ROADS February 26, 2013 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Commissioner Conley CONLEY N/A

SUMMARY 26B56B86B116B146B176B206B236B266BThe RM 12 Parkway project was identified as a key project in Precinct 3 as part of the 2008 Priority Road Bond Program. Currently, the project has advanced such that TxDOT review of the schematic and environmental document is necessary to safely progress design. 27B57B87B117B147B177B207B237B267BPer the previous agreements with the Texas Department of Transportation (TxDOT), review of these documents will not be performed until an Advanced Funding Agreement (AFA) between the County and TxDOT has been executed. 28B58B88B118B148B178B208B238B268BIt is important to note that execution of the AFA does not commit the County to any expenditure of road bond funds. 29BAttached is the AFA for the RM 12 Parkway Priority Road Bond Project (TxDOT CSJ 0285-03-052) for review and execution by the County.

175

CSJ # 0285-03-052 District # 14 - Austin Code Chart 64 # 50106 Project: RM 12 – Corridor Analysis

AFA-AFA_VolTIP Page 1 of 5 Revised 04/01/11

STATE OF TEXAS § COUNTY OF TRAVIS §

ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT

PROJECTS WITH NO REQUIRED MATCH ON-SYSTEM

THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the “State”, and the County of Hays, acting by and through its duly authorized officials, called the “Local Government.”

WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 113074 authorizes the State to undertake and complete a highway improvement generally described as reconstructing and widening RM 12 to a four lane parkway; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as the RM 12 corridor analysis to preserve and acquire the necessary right of way relating to the reconstruction and widening of RM 12 to a four lane parkway; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows:

AGREEMENT 1. Time Period Covered

This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described in this agreement has been completed and accepted by all parties or unless terminated, as provided for by this agreement.

2. Project Funding and Work Responsibilities

A. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State,

176



Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State.

B. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State’s written notification.

C. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds will be returned to the Local Government.

3. Right of Access

If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work.

4. Adjustments Outside the Project Site

The Local Government will provide for the acquisition of all necessary right of way needed for performance of the work on sites not owned or to be acquired by the State.

5. Responsibilities of the Parties

The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents.

6. Document and Information Exchange

The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State.

7. Interest

The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury.

8. Inspection and Conduct of Work – Not applicable to this Project

Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be

177



the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State.

9. Increased Costs

A. In the event it is determined that the funding provided by the Local Government will be insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within thirty (30) days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accordance with Article 11 – Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Government.

B. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities.

10. Maintenance

Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement.

11. Termination

A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this

agreement; or 3. By the State if it determines that the performance of the Project is not in the best interest

of the State. B. If the agreement is terminated in accordance with the above provisions, the Local

Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination.

C. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party.

12. Notices

All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic

178



notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses:

Local Government:

County of Hays Attn: County Judge 111 E. San Antonio #300 San Marcos, Texas 78666

State:

Director of Contract Services

Texas Department of Transportation

125 E. 11th Street

Austin, Texas 78701

All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party.

13. Sole Agreement

In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project.

14. Successors and Assigns

The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement.

15. Amendments

By mutual written consent of the parties, this agreement may be amended prior to its expiration.

16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.

17. Insurance

If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately and the State may recover damages and all costs of completing the work.

179



18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented.

THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT _________________________________ Signature _________________________________ Typed or Printed Name _________________________________ Title _________________________________ Date THE STATE OF TEXAS _________________________________ Cathy T. Floyd, CPA South Regional Support Center Director _________________________________ Date

180


AFA-AFA_VolTIP Page 1 of 3 Attachment A

ATTACHMENT A

PAYMENT PROVISION AND WORK RESPONSIBILITIES

Description Total Estimated Cost

Federal Participation State Participation Local Participation

% Cost % Cost % Cost Environmental (by Local Government) $200,000 0% $0 0% $0 100% $200,000

Right of Way (by Local Government) $6,700,000 0% $0 0% $0 100% $6,700,000

Engineering (by Local Government) $800,000 0% $0 0% $0 100% $800,000

Utilities (by Local Government) $0 0% $0 0% $0 0% $0

Subtotal $7,700,000 $0 $0 $7,700,000 Environmental Direct State Costs $20,000 0% $0 100% $20,000 0% $0

Right of Way Direct State Costs $70,000 0% $0 100% $70,000 0% $0

Engineering Direct State Costs $60,000 0% $0 100% $60,000 0% $0

Utility Direct State Costs $0 0% $0 0% $0 0% $0 Subtotal $150,000 $0 $150,000 $0 Indirect State Costs (5.1%) $400,350 0% $0 100% $400,350 0% $0

TOTAL $8,250,350 $0 $550,350 $7,700,000

Initial payment by the Local Government to the State: $0

Payment by the Local Government to the State before construction: $ 0.00 Estimated total payment by the Local Government to the State $ 0

This is an estimate. The final amount of Local Government participation will be based on actual costs.

181



Work Responsibilities:

1. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. a. The Local Government is responsible for the identification and assessment of any

environmental problems associated with the development of a local project governed by this Agreement.

b. The Local Government is responsible for the cost of any environmental problem’s mitigation and remediation.

c. The Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic.

d. The Local Government is responsible for the preparation of the NEPA documents required for the environmental clearance of this project. Coordination shall be through the TxDOT Austin District Environmental Coordinator.

e. Before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency(ies) that all environmental clearances have been obtained.

2. Engineering Services a. The Local Government shall prepare or cause to prepare the engineering schematic required

for future project development. The engineering drawings shall be prepared in accordance with all applicable laws, policies and regulations, deemed necessary by the State and shall be reviewed and approved by the State.

b. The engineering schematic shall be developed in accordance with the Texas Department of Transportation Roadway Design Manual, the current edition of the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the Texas Accessibility Standards. A project development schedule of preliminary engineering activites shall be supplied to the TxDOT South Travis Area Engineer upon initiation of the Project.

3. Right of Way and Real Property Acquisition A. Right of way and real property acquisition shall be the responsibility of the Local Government.

Title to right of way and other related real property must be acceptable to the State before funds may be expended for the improvement of the right of way or real property.

B. If the Local Government is the owner of any part of the Project site under this agreement, the Local Government shall permit the State or its authorized representative access to occupy the site to perform all activities required to execute the work.

C. All parties to this agreement will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to the Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR Section 24.2(g). Documentation to support such

182



compliance must be maintained and made available to the State and its representatives for review and inspection.

D. The Local Government shall assume all costs and perform necessary requirements to provide any necessary evidence of title or right of use in the name of the Local Government to the real property required for development of the Project. The evidence of title or rights shall be acceptable to the State, and be free and clear of all encroachments. The Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop the Project according to the approved Project plans. The Local Government shall be responsible for securing any additional real property required for completion of the Project.

E. In the event real property is donated to the Local Government, the Local Government will provide all documentation to the State regarding fair market value of the acquired property.

F. The Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to the State. Tracings of the maps shall be retained by the Local Government for a permanent record.

G. If the Project requires the use of real property to which the Local Government will not hold title, a separate agreement between the owners of the real property and the Local Government must be executed prior to execution of this agreement. The separate agreement must establish that the Project will be dedicated for public use for a period of not less than 10 (ten) years after completion. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of the Project after completion. The separate agreement must be approved by the State prior to its execution. A copy of the executed agreement shall be provided to the State.

4. Utilities – Not Applicable to this Project

5. Construction Responsibilities – Not Applicable

183




AGENDA ITEM

Replat of Lot 27 River Oaks of Wimberley, Unit 2 (2 lots). Discussion and possible action to consider a variance from Table 10-1 of the Hays County Rules for On-Site Sewage Facilities and approve final plat; hold a public hearing.


ACTION-SUBDIVISIONS February 26, 2013

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Roxie McInnis CONLEY N/A

SUMMARY 25B52B79B106B133B160B187B214B241BThe River Oaks of Wimberley Subdivision is a recorded subdivision located off of Wayside Drive in Precinct 3. The proposed re-plat will divide the 4.99 acre lot into two lots - Lot 27A being 2.50 acres and Lot 27B being 2.49 acres. Water service will be provided by private wells and wastewater treatment will be accomplished by advanced on-site sewage facilities. Lot 27A is currently served by a conventional OSSF and an existing private well. Should the existing OSSF need replacement it will be replaced by an advanced system. 26B53B80B107B134B161B188B215B242BThe Hays County minimum lot size for a lot served by a private well is 3.00 acres with a conventional OSSF and 2.00 acres with an advanced OSSF. Due to the current configuration of the property, it would not be possible to meet the minimum lot size requirements without replacement of the septic system. The property owner feels that replacing the existing functioning system would be an undue burden.

184




AGENDA ITEM

12-3-58 Amended Plat of a Portion of Lot 4, Green Acres Establishing Lot 4C (1 lot). Discussion and possible action to approve final plat.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



ROXIE MCINNIS CONLEY N/A

SUMMARY 25B51B77B103B129B155B181B207B233BGreen Acres is a recorded subdivision located off of Ranch Road 2325 in Precinct 3. Green Acres Lot 4 was originally platted in 1968 as a 15.17 acre lot but was later subdivided into 4 parcels by metes and bounds. The proposed amended plat will establish Green Acres Lot 4C which is a 4.50 acre lot that is currently served by the Wimberley Water Supply Corporation and a permitted OSSF.

187




AGENDA ITEM

13-4-6 Amended Plat of Lots 25, 26 and 30 Block B Belterra Phase 2 Section 7 (3 Lots). Discussion and possible action to approve Final Plat.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



ROXIE MCINNIS WHISENANT N/A

SUMMARY 25B51B77B103B129B155B181B207B233BBelterra Phase 2 Section 7 was approved by the Hays County Commissioners Court in May of 2012. Because of a change in construction plans which then caused a conflict with the driveway for Lot 26 Block B, a shifting of 2 lot lines has been proposed. This shifting of lot lines will make lot 25A ten feet wider and lot 30A ten feet narrower. In accordance with the remainder of Phase 2 Section 7, all lots will be served by Hays County WCID No. 1.

190




AGENDA ITEM

Discussion and possible action to adopt a resolution authorizing the County Judge to submit a grant application to the Office of the Governor-Criminal Justice Division (CJD) for Hays County Sheriff's Office in the amount of $28,780.00.


ACTION-MISCELLANEOUS February 26, 2013

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Cutler/Hauff INGALSBE N/A

SUMMARY 25B51B77B103B129B155B181B207B233BThe Sheriff's Office is requesting grant funding to purchase an Automated Palm print and Fingerprint Identification System for the Investigation's Department. Implementing new technology will enhance our operations efficiency and expedite the investigation process. The grant application will be submitted electronically and is due at the Governor's Office-Criminal Justice Division on February 28, 2013. The total amount for this project is $28,780.00 and no matching funds are required for this grant program.

194

San Marcos, Texas

RESOLUTION

STATE OF TEXAS COUNTY OF HAYS A Resolution of the Commissioners’ Court of the County of Hays, Texas hereby authorizing the submittal of a grant application to the Edward Byrne Memorial Justice Assistance Grant Program (JAG) Office of the Governor, Criminal Justice Division. WHEREAS, The Hays County Commissioners’ Court finds it in the best interest of the citizens of Hays County to support activities that will enhance the Criminal Justice System. WHEREAS, Hays County is seeking grant funding through the Office of the Governor, Criminal Justice Division for said enhancement activities. WHEREAS, Hays County will use the funds solely for the purpose for which they are provided and in the event of loss or misuse of CJD grant funds, assures that the governing body will return all funds to the Criminal Justice Division in full. WHEREAS, Hays County designates the County Judge as the Authorized Official with power to apply for, accept, reject, alter, or terminate the grant. NOW, THEREFORE, BE IT RESOLVED that the Commissioners’ Court of Hays County, Texas authorizes the submittal of a grant application to the Office of the Governor, Criminal Justice Division, identified as Application No. 2676401. RESOLVED, ORDERED, AND DECLARED this the 26th day of February, 2013.

Bert Cobb

Hays County Judge


______________________________ ______________________________

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

ATTEST: _________________________ Liz Q. Gonzalez Hays County Clerk

195




AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute the Interlocal Cooperation Agreement For Sustainment Funding For The Austin Regional Intelligence Center (ARIC).



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS: It appears this funding request applies to FY14 & is coming from the Sheriffs discretionary funds.



Cutler COBB N/A

SUMMARY 26B53B80B107B134B161B188B215B242BThe Hays County Sheriff's Office would contribute $14,040($117 per Officer @ 120 Officers) out of the SO Discretionary Fund

208




AGENDA ITEM

Discussion and possible action on a recommended amendment to the Capital Area Metropolitan Planning Organization (CAMPO) Joint Powers Agreement (JPA) to add Burnet County to CAMPO membership.


ACTION-MISCELLANEOUS February 26, 2013 None

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



CONLEY N/A

SUMMARY 25B51B77B103B129B155B181B207B233BA subcommittee of the CAMPO Transportation Policy Board has recommended the addition of Burnet County to the CAMPO Planning Area and Board membership. This requires an amendment to the CAMPO Joint Powers Agreement by all six signatories (Williamson County, Travis County, Hays County, City of Austin, TxDOT and Capital Metro). In 2009 the Federal Office of Management and Budget added Burnet County to the 5-county Round Rock-San Marcos Metropolitan Statistical Area to form the 6-county Austin-Round Rock- Marble Falls Combined Statistical Area (CSA). CSAs consist of a core county and adjacent counties that have a high degree of social and economic integration with the urban core, as measured by commuting to work patterns. Burnet County's population in 2010 was 42,750. Elected officials in Burnet County have been actively engaged in transportation planning in the region with TxDOT and CAPCOG. Attached is a resolution adopted by the Burnet County Commissioners Court requesting membership in CAMPO. Also attached is a copy of the recommended draft JPA showing the addition of Burnet County on pages 2 and 3. Burnet County would become the 20th member of the CAMPO Board.

221

CAPITAL AREA METROPOLITAN PLANNING ORGANIZATION 1 JOINT POWERS AGREEMENT 2

3 STATE OF TEXAS § 4 § 5 COUNTY OF TRAVIS § 6 7 8 THIS AGREEMENT made this _______ day of ___________, 2013, by and between the State of 9 Texas, acting by and through its Executive Director of the Texas Department of Transportation, 10 (hereinafter referred to as the State); the City of Austin (the City); the County of Travis (Travis 11 County); the County of Williamson (Williamson County); the County of Hays (Hays County); and 12 the Capital Metropolitan Transportation Authority (Capital Metro): 13 14

WITNESSETH 15 16 WHEREAS, Section 134, Title 23, United States Code (23 USC 134) requires that a metropolitan 17 planning organization be designated for each urbanized area of more than 50,000 population 18 by agreement among the Governor and units of general purpose local government which 19 together represent at least 75 percent of the affected population (including the central city or 20 cities as defined by the Bureau of the Census) or in accordance with procedures established by 21 applicable State or local law; and, 22 23 WHEREAS, the State, the City, and Travis County on April 6, 1973, did agree to participate in a 24 continuing, comprehensive, cooperative transportation planning process for the Austin metropolitan 25 area as provided in the Federal-Aid Highway Act of 1962; and, 26 27 WHEREAS, said agreement was amended on September 30, 1976, June 28, 1984, September 5, 28 1996, February 3, 2003, February 26, 2007 and April 7, 2010 to revise the organization and 29 responsibilities for the Capital Area Metropolitan Planning Organization; and, 30 31 WHEREAS, it is the further desire of the signatory agencies that the Study organization be 32 revised to provide a one-committee structure composed principally of local elected officials of a 33 unit of general purpose government which have responsibility for project implementation within 34 the study area; 35 36

222

NOW, THEREFORE, it is hereby agreed that the aforementioned agreement of February 26, 1 2007 shall be considered null and void and shall be replaced in its entirety by this agreement 2 with the organization and responsibilities as set out in the following paragraphs: 3 4 I. ORGANIZATION 5 6

A Transportation Policy Board will furnish policy guidance and direction for the continuing 7 transportation study. Membership on the Transportation Policy Board will consist of: 8 1. Four members from the Austin City Council. 9 2. One member from the Round Rock City Council. 10 3. One member of the Cedar Park City Council. 11 4. One member of the San Marcos City Council. 12 5. One member from the Georgetown City Council. 13 6. One member from the Pflugerville City Council. 14 7. Three members of the Travis County Commissioners' Court. 15 8. One member to be appointed by the Travis County Commissioners’ Court. 16 9. One member of the Williamson County Commissioners' Court. 17 10. One member of the Hays County Commissioners' Court. 18 11. One member of the Bastrop County Commissioners’ Court. 19 12. One member of the Caldwell County Commissioners’ Court. 20 13. One member of the Burnet County Commissioners’ Court. 21 14. One representative from the Capital Metropolitan Transportation Authority. 22 15. One representative from the Texas Department of Transportation Austin District. 23 24 Once a CAMPO member city reaches a population of 50,000 persons or more, as 25 determined by the U.S. Census Bureau in its most recent annual population estimate, a City 26 Council Member from that city shall be added to the Transportation Policy Board. 27 28 The voting membership shall be as follows: 29 VOTING MEMBERSHIP 30

City of Austin 4 31 City of Round Rock 1 32 City of Cedar Park 1 33 City of San Marcos 1 34

223

City of Georgetown 1 1 City of Pflugerville 1 2 Travis County 3 3 Travis County appointee 1 4 Williamson County 1 5

Hays County 1 6 Bastrop County 1 7 Caldwell County 1 8 Burnet County 1 9 Texas Department of Transportation 1 10 Capital Metropolitan Transportation Authority 1 11 Any City in the CAMPO area that reaches a population 12

of 50,000 or more as detailed above 1 13 14 Each entity that appoints a member shall designate its representatives and alternates to 15 the Transportation Policy Board and when necessary fill vacancies among its members on 16 the Board. Entities selecting elected members of the Transportation Policy Board shall 17 assure racial and ethnic minority representation on the Board that reflects the minority 18 population of each county, to the maximum extent possible. 19

20 AFFILIATE NON-VOTING MEMBERSHIP 21

22 In addition to the voting members, there will be affiliate non-voting membership, including, 23 but not limited to the list below. The Transportation Policy Board may add or make 24 changes to the affiliate non-voting membership: 25

• Capital Metropolitan Transportation Authority, General Manager 26

• Federal Highway Administration 27

• Federal Transit Administration 28

• Texas Department of Transportation, Transportation Planning and 29 Programming Division, Austin 30

• University of Texas at Austin 31 32

The function of the Transportation Policy Board shall be as follows: 33

1. Provide policy guidance for the transportation planning process. 34

224

2. Carry out in cooperation with the State and local governments and annually certify 1 a transportation planning process that is in full compliance with Federal 2 requirements outlined in 23 USC 134, Section 8 of the Federal Transit Act, as 3 amended (49 USC 7504, 7506, (c) and (d)) as well as other applicable 4 requirements as specified in 23 CFR 450.114. 5

3. Set goals and cooperatively determine the responsibilities of the participating 6 agencies for planning tasks in the annual Unified Planning Work Program. 7

4. Adopt and review a transportation plan which provides for both the near-term 8 and long-term needs of persons and goods in the study area at least every five 9 years and recommend its adoption and implementation by local governments and 10 state agencies. 11

5. Develop in cooperation with the State and local governments and endorse a 12 staged multiyear transportation improvement program at least every two years 13 which includes projects in or serving the urbanized areas, initiated by the 14 implementing agencies, and consistent with the transportation plan. 15

6. Adopt a Public Involvement Program that includes participation in the development 16 of the Transportation Plan, the Transportation Improvement Program, Major 17 Investment Studies, and other plans and programs. 18

7. Designate such offices, special committees or task forces as found necessary to 19 carry out the planning process. 20

8. Appoint the CAMPO Executive Director. 21

9. Meet at intervals as necessary to perform its functions. 22

10. Adopt internal bylaws and operating procedures consistent with this agreement. 23 24 25 II. METROPOLITAN AREA BOUNDARY 26 27

The boundary of the Capital Area Metropolitan Planning Organization shall be 28 determined by agreement between the Transportation Policy Board and the Governor in 29 accordance with 23 USC 134. The CAMPO area shall cover at least the existing 30 urbanized area and the contiguous area expected to become urbanized within the twenty 31 year forecast period and may encompass the entire metropolitan statistical area, as 32 defined by the Bureau of the Census. After each decennial census, the Transportation 33 Policy Board shall consider appropriate revisions to the CAMPO area to include every 34

225

county in the metropolitan statistical area with a population that exceeds 100,000 1 residents. 2

3 III. CAMPO EXECUTIVE DIRECTOR AND CAMPO OFFICE 4 5

A CAMPO Executive Director shall be appointed by the Transportation Policy Board to 6 work in close cooperation with representatives of the State, local governments, and 7 agencies within the study area. The principal duties of the CAMPO Executive Director and 8 CAMPO office will be as follows: 9 1. Arrange for meetings of the Transportation Policy Board and any other special 10

committee or task force created by the Committee. 11 2. Maintain the records, meeting minutes, library, and other documents or 12

correspondence associated with the functions of the Transportation Policy Board. 13 3. Maintain liaison and act in an advisory capacity to the Transportation Policy Board. 14 4. Coordinate and maintain liaison with the staffs of the agencies participating in the 15

CAMPO transportation planning process. 16 5. Coordinate the development of the Unified Planning Work Program, Transportation 17

Plan, Transportation Improvement Program, and Major Investment Studies in 18 cooperation with participating agencies. 19

6. Report to the Transportation Policy Board on the status of the transportation planning 20 process and recommend special studies, revisions to the Transportation Plan, 21 Transportation Improvement Program, Major Investment Studies, or Unified Planning 22 Work Program. 23

7. Supervise the CAMPO staff and direct the activities of all personnel hired or 24 contracted with CAMPO as identified in the Unified Planning Work Program. 25

8. Advise the Transportation Policy Board on consistency of the CAMPO work program 26 and Committee actions with applicable federal and state laws and regulations. 27

28 IV. STUDY FINANCING 29 30

The expenses involved in the continuing planning process, data gathering, review and 31 updating the CAMPO plans and programs will be assumed by the participating agencies 32 as set forth in the Unified Planning Work Program. 33

34 V. AGREEMENT MODIFICATION OR TERMINATION 35 36

226

This agreement may be supplemented or renegotiated as necessary to meet changing 1 conditions. By mutual agreement the parties hereto may terminate this agreement 2

3

227

IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures on the dates indicated. 1 2 STATE OF TEXAS 3 4 Certified as being executed for the purpose and effect of activating and/or carrying out the 5 orders, established policies, or work programs heretofore adopted by the Texas Transportation 6 Commission. 7 8 By: ___________________________ 9

Executive Director 10 11 Date: ___________________________ 12 13 RECOMMENDED FOR EXECUTION: 14 15 _________________________________ 16 District Engineer - Austin District 17 18 _________________________________ 19 Deputy Executive Director 20 21 22 23 CITY OF AUSTIN 24 25 26 By: ___________________________ 27 City Manager 28 29 Date: ___________________________ 30 31 APPROVED AS TO FORM: 32 33 _________________________________ 34 City Attorney 35

36 37

38

228

COUNTY OF TRAVIS 1 2 By: ___________________________ 3

County Judge 4 5 Date: ___________________________ 6 7 8 ATTEST: _________________________ 9 County Clerk 10

11 12

13 COUNTY OF WILLIAMSON 14 15 By: __________________________ 16

County Judge 17 18 Date: ___________________________ 19 20 ATTEST: _________________________ 21 County Clerk 22

23 24 25

COUNTY OF HAYS 26 27 By: ___________________________ 28

County Judge 29 30 Date: ___________________________ 31 32 ATTEST: _________________________ 33 County Clerk 34 35 36 37 CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY 38 39 By: ___________________________ 40 President/CEO 41 42 43 Date: ___________________________ 44

229




AGENDA ITEM

Discussion and possible action to adopt a Resolution strongly opposing the passage of HB 958 which proposes to reduce the interest crediting rate on all TCDRS funds from 7% to 5%.


ACTION-MISCELLANEOUS February 26, 2013 N/A


AUDITOR USE ONLY

AUDITOR COMMENTS:



INGALSBE N/A

SUMMARY 26B70B114B158B202B246B290B334B378BTX83RHB 958 Filed: 02-05-2013 27B71B115B159B203B247B291B335B379BAuthor: Orr, Rob 28B72B116B160B204B248B292B336B380BA BILL TO BE ENTITLED 29B73B117B161B205B249B293B337B381B1 AN ACT 30B74B118B162B206B250B294B338B382B2 relating to the annual interest rate of the Texas County and 31B75B119B163B207B251B295B339B383B3 District Retirement System. 32B76B120B164B208B252B296B340B384B4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 33B77B121B165B209B253B297B341B385B5 SECTION 1. Section 845.314, Government Code, is amended to 34B78B122B166B210B254B298B342B386B6 read as follows: 35B79B123B167B211B255B299B343B387B7 Sec. 845.314. INTEREST RATES. Unless this subtitle 36B80B124B168B212B256B300B344B388B8 expressly states another specified rate of interest, for periods 37B81B125B169B213B257B301B345B389B9 beginning after December 31, 2013 [1996], the annual rate of 38B82B126B170B214B258B302B346B390B10 interest is five [seven] percent. 39B83B127B171B215B259B303B347B391B11 SECTION 2. This Act takes effect immediately if it receives 40B84B128B172B216B260B304B348B392B12 a vote of two-thirds of all the members elected to each house, as 41B85B129B173B217B261B305B349B393B13 provided by Section 39, Article III, Texas Constitution. If this 42B86B130B174B218B262B306B350B394B14 Act does not receive the vote necessary for immediate effect, this 43B87B131B175B219B263B307B351B395B15 Act takes effect September 1, 2013.

231

RESOLUTION STRONGLY OPPOSING THE PASSAGE OF HB 958 WHICH PROPOSES TO REDUCE THE INTEREST CREDITING RATE

ON ALL TCDRS FUNDS FROM 7% TO 5%

STATE OF TEXAS § § COUNTY OF HAYS § WHEREAS, the Texas Legislature created the Texas County and District Retirement System (“TCDRS”) in 1967; and WHEREAS, TCDRS partners with Texas counties and districts to provide retirement, disability and survivor benefits to more than 225,000 Texas county and district employees; and WHEREAS, TCDRS is governed by the Texas Legislature and overseen by an independent board of trustees; and WHEREAS, TCDRS receives no state funding as each plan is funded independently by each county or district; and WHEREAS, HB 958, which would reduce the interest crediting rate on all TCDRS funds from 7% to 5%, has been filed during the 83rd Texas Legislative Session; and WHEREAS, TCDRS is the only statewide plan in which reducing the interest rate significantly impacts retiree benefits; and WHEREAS, TCDRS counties and districts currently have local control to select benefits and costs based on their workforce needs and budget, and WHEREAS, the passage of HB 958 would have an adverse effect on TCDRS retiree benefits. NOW, THEREFORE, BE IT RESOLVED that the Hays County Commissioners’ Court does hereby declare its strong opposition to any effort of the Texas Legislature to pass legislation that reduces the interest crediting rate on TCDRS funds. BE IT FURTHER RESOLVED THAT the Commissioners’ Court of Hays County, Texas, urges the Texas Legislature to reject HB 958 in its entirety.

RESOLVED THIS THE 26TH DAY OF FEBRUARY, 2013

Bert Cobb

Hays County Judge


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

ATTEST: _________________________ Liz Q. Gonzalez Hays County Clerk 232

HB 958 Filed by Rep. Rob Orr (R-Burleson), HB 958 reduces the interest crediting rate on all TCDRS funds from 7% to 5%, including employee accounts. HB 958 would significantly reduce benefits and employer costs across the state for all TCDRS plans. TCDRS is a savings-based or cash-balance plan. This means members are saving for their own retirement over the length of their careers. Benefits are based on the total final employee savings balance (deposits and interest) and employer matching. In contrast, benefits in traditional pension plans are based on a final average salary calculation and length of career. TCDRS is the only statewide plan in which reducing the interest rate significantly impacts retiree benefits. Teacher Retirement System (TRS) and Employees Retirement System (ERS) benefits are based on final salary before retirement. For most plans at Texas Municipal Retirement System (TMRS), there is a component of the benefit based on the final salary in addition to the cash-balance component. Thus, for these other statewide systems, changes to the interest rate do not impact retiree benefits (or may not impact retiree benefits, in the case of TMRS). For an example of how the interest rate reduction might affect an individual, consider a new employee enrolled in a TCDRS plan with a 200% employer match and a 7% employee deposit rate. The interest rate on the employee’s deposits is 5%. This employee works 20 years and then retires. • The benefit for this employee would be reduced by approximately 17% compared to the benefit this employee would receive with a 7% interest rate. • The cost for the employer to provide the benefit to this individual would also be reduced by 17%. Keep in mind, this is an average example. The impact on actual individuals would vary based on their circumstances. For example, an employee who is close to retirement may not be impacted as much as an employee who has many years before retirement. Similarly, the impact on employers’ total plan costs would vary based on plan experience and demographics. Employers currently have local control to select benefits and costs based on their workforce needs and budget. Employers may reduce benefits and costs by reducing the amount employees are saving toward retirement (the employee deposit rate) or by reducing the employer matching rate. In order to achieve the same result without adjusting the interest rate, the employer in the example above could reduce the employer matching rate from 200% match to 150% match. This would ultimately result in the same 17% reduction in the benefit and cost. This bill also lowers the interest crediting on the system retirement reserves, which are used to pay retiree benefits, and the Group Term Life fund. We are continuing to analyze the impact of this bill on those funds and look at the legality of such a change.

233




AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute the 2013 Transparency Award application and submit to the Texas Comptroller's office.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



CONLEY N/A

SUMMARY 24B49B74B99B124B149B174B199B224BThe Auditor's office has been working with my office on placing and organizing Hays County financial information on our website in a manner that is easy to locate and review, so citizen's can keep tabs on every dollar spent. We would like to submit an application to the Texas Comptroller's office seeking the recognition of Texas' highest transparency award - The Texas Comptroller Leadership Circle Financial Transparency Award. This award recognizes local governments for striving to meet high standards of financial transparency online through the following methods: Opening their books to the public; providing clear and concise pictures of spending and sharing information in a user-friendly format that lets taxpayers easily drill down for more information.

234




AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute a contract for environmental consulting services with Burcham Environmental Services for work related to the Jacobs Well Natural Area.



LINE ITEM NUMBER 150-813-97-407.5741

AUDITOR USE ONLY

AUDITOR COMMENTS:



Clint Garza CONLEY N/A

SUMMARY 27B56B85B114B143B172B201B230B259BBurcham Environmental was selected for environmental consulting for cleanup of areas related to restoration of the Jacobs Well Natural Area. 28B57B86B115B144B173B202B231B260BAdditional backup to be provided in court.

237




AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute a contract for environmental consulting services with Sisk-Robb Inc. for work related to the Jacobs Well Natural Area.



LINE ITEM NUMBER 150-813-97-407.5741

AUDITOR USE ONLY

AUDITOR COMMENTS:



Clint Garza CONLEY N/A

SUMMARY 27B56B85B114B143B172B201B230B259BSisk-Robb Inc. was selected for environmental consulting for cleanup of areas related to restoration of the Jacobs Well Natural Area. Their efforts will be coordinated with Natural Resources staff and Burcham Environmental Services. 28B57B86B115B144B173B202B231B260BAdditional backup to be provided in court.

239




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, sale, exchange, or value associated with Unit 7 at 111 Woodacre Drive in Wimberley, Texas. Possible action may follow in open Court.


EXECUTIVE SESSION February 26, 2013 N/A


AUDITOR USE ONLY

AUDITOR COMMENTS:



CONLEY CONLEY N/A

SUMMARY 27B55B83B111B139B167B195B223B251BSummary to be provided in Executive Session.

242




AGENDA ITEM

Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code: consultation with counsel and deliberation regarding the purchase, exchange, or value of real property related to Right of Way acquisition on FM 1626. Possible action to follow in open court.


EXECUTIVE SESSION February 26, 2013 TBD

LINE ITEM NUMBER TBD

AUDITOR USE ONLY

AUDITOR COMMENTS:



JONES JONES N/A


243




AGENDA ITEM

Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code: consultation with counsel and deliberation regarding the purchase, exchange, or value of real property related to the marketing and potential sale or lease of County owned properties. Possible action may follow in open court.


EXECUTIVE SESSION February 26, 2013

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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


COBB N/A

SUMMARY

244




AGENDA ITEM

Executive Session pursuant to Sections 551.071 and 551.074 of the Texas Government Code: consultation with counsel and deliberation regarding all individual positions for the Civil Division of the Hays County District Attorney's Office. Possible action may follow.


EXECUTIVE SESSION February 26, 2013 N/A


AUDITOR USE ONLY

AUDITOR COMMENTS:



Kennedy/Tibbe COBB N/A

SUMMARY 27B55B83B111B139B167B195B223B251BSUMMARY TO BE PROVIDED IN EXECUTIVE SESSION

245




AGENDA ITEM

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


EXECUTIVE SESSION February 26, 2013

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Conley CONLEY N/A


246