Commissioners Court –December 18, 2018 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 18th day of December, 2018, 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 5-6 Presentation of Hays County Service Awards. INGALSBE Presentation recognizing the County Clerk's Office for receiving the Five Star Exemplary Award. 2 7-8 JONES/WHISENANT/GONZALEZ Swearing In Ceremony of Lon A. Shell as Commissioner of Precinct 3 in Hays County and 3 9 approve the acceptance of official bond. COBB
PUBLIC COMMENTS At this time 3-MINUTE comments will be taken from the audience on Non-Agenda related topics. To address the Court, please submit a Public Participation/ Witness Form to the County Clerk. Please Complete the Public Participation/ Witness Form in its Entirety. NO ACTION MAY BE TAKEN BY THE COURT DURING PUBLIC COMMENTS.
CONSENT ITEMS The following may be acted upon in one motion. A Commissioner, the County Judge, or a Citizen may request items be pulled for separate discussion and/or action. 4 10 Approve payments of County invoices. VILLARREAL-ALONZO 5 11 Approve payments of Juror checks. VILLARREAL-ALONZO 6 12 Approve the payment of Humana and United Healthcare claims. VILLARREAL-ALONZO 7 13-19 Approve Commissioners Court Minutes of December 11, 2018. INGALSBE/GONZALEZ Approve the payment of the December 31, 2018 payroll disbursements in an amount not to 8 20 exceed $3,670,000.00 effective December 31, 2018 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. COBB/TUTTLE Approve the reappointment of Paul Kaskie, Scott Stevens, and Jim Weatherford to the board of 9 21 Hays County Emergency Services District #8, term ending December 31, 2020. JONES Approve the reappointment of Jim Hollis and Stacy Morgan to the board of Hays County 10 22 Emergency Services District #2, term ending December 31, 2020. JONES Approve the reappointment of Julia Ramsay New and Michael Floreani to the board of Hays 11 23 County Emergency Services District #7, term ending December 31, 2020. SHELL Authorize Commercial On-Site Sewage Facility Permit at 530 Pioneer Trail, Dripping Springs, 12 24 Texas 78620. WHISENANT/STRICKLAND Authorize the installation of electrical utility services at Jacobs Well Natural Area (JWNA) and 13 25-26 amend the budget accordingly. SHELL/CRUMLEY Approve the reappointment of Ken Downing, Ron Spangenberg and Eddie Gumbert to the board 14 27 Hays County Emergency Services District #4, term ending December 31, 2020. SHELL 15 28-32 Approve the September 2018 Treasurer's and Investment Reports. COBB/TUTTLE 16 33-53 Approve the recommendations from the Hays County Investment Committee. COBB/TUTTLE Amend various departmental operating budgets in preparation for the County's FY 2018 year-end 17 54 process. INGALSBE/VILLARREAL-ALONZO Approve the reappointment of Dennis Lane to the board of Hays County Emergency Services 18 55 District #1, term ending December 31, 2020. WHISENANT Approve the reappointment of Jennifer Rodriguez, Bradley Ruoff and Robert Avera to the board 19 56 of Hays County Emergency Services District #6, term ending December 31, 2020. WHISENANT Authorize the execution of a Proposal from Beckwith Electronic Systems, LLC for the AV video/audio upgrade for County Court at Law Courtroom #3 and allow an exemption from the 20 57-59 bidding process pursuant to Texas Local Government Code 262.024A (7) (D). INGALSBE/MCGILL/GLICKLER Authorize the Transportation Department to add a telephone allowance effective December 1, 21 60 2018 for the Engineering Technician, slot number 1028-001 and amend the budget accordingly. COBB/BORCHERDING Approve payment to Romco Equipment Co. for the Transportation Department related to vehicle 22 61 maintenance supplies in which no purchase order was issued as required per County Purchasing Policy. COBB/BORCHERDING Approve renewal of RFP 2018-P03 County Wide Plumbing Services with SI Mechanical for one 23 62 (1) additional year as stated in the original bid. COBB/CRUMLEY/CUTLER Approve renewal of RFP 2018-P01 County Wide Janitorial Services with Spotless Cleaning for 24 63 one (1) additional year as stated in the original bid. COBB/CRUMLEY/CUTLER Approve the transfer of a 2006 Chevrolet Silverado 2500 from Hays County Recycling 25 64 Department to Hays County Transportation Department. COBB/CRUMLEY Approve specifications for RFP 2019-P01 CDBG Management Services and authorize 26 65-95 Purchasing to solicit for proposals and advertise. SHELL/CRUMLEY Approve specifications for RFQ 2019-P02 CDBG Engineering Services and authorize Purchasing 27 96-126 to solicit for qualifications and advertise. SHELL/CRUMLEY Authorize the Information Technology Department to purchase one (1) new Surface Pro i7 28 127-131 Laptop for the new Justice of the Peace, Precinct 4 and amend the budget accordingly. WHISENANT/MCGILL Approve the execution of an Amendment to the Interlocal Cooperation Agreement between Hays 29 132-134 County and the San Marcos Academy related to assigning a school resource officer (SRO) to the Academy. SHELL/KENNEDY Authorize a modification to the Not-to-Exceed amount cited in RFP 2018-P02 related to the 30 135-136 Blanco River Debris Removal Phase V for final project reconciliation. SHELL/KENNEDY
ACTION ITEMS
ROADS Discussion and possible action to consider the acceptance of road construction and drainage improvements, release of the subdivision/construction bond #SU1146031 in the amount of 31 137-143 $775,909.00, and acceptance of the 2-year maintenance bond #HSIFSU0704229 in the amount of $29,484.72 for Reunion Ranch subdivision, Phase 3, Section 2. WHISENANT/BORCHERDING Discussion and possible action to consider the acceptance of road construction and drainage improvements, release of the subdivision/construction bond #SU1146032 in the amount of 32 144-150 $444,755.00, and acceptance of the 2-year maintenance bond #HSIFSU0704229 in the amount of $13,944.02 for Reunion Ranch subdivision, Phase 3, Section 5. WHISENANT/BORCHERDING Discussion and possible action to consider the acceptance of road construction and drainage improvements, release of the subdivision/performance bond #106314519 in the amount of 33 151 $746,544.20, and acceptance of two separate 2-year maintenance bonds (#106749937 in the amount of $12,858.76, and #106749938 in the amount of $12,739.34) for Belterra Village subdivision, Phase 1. WHISENANT/BORCHERDING Discussion and possible action to consider the acceptance of road construction and drainage improvements, and acceptance of the 3-year maintenance bond #106749939 in the amount of 34 152 $8,635.44 for Belterra Village subdivision, Phase 1 (Belterra Village Way only). WHISENANT/BORCHERDING Discussion and possible action to clarify the public/private status of Barton Bend Road in 35 153-161 Precinct 4, based on an action of Commissioners Court (Resolution No.11197) on or about February 18, 1993. WHISENANT/KENNEDY
SUBDIVISIONS SUB-1126; Discussion and possible action to approve preliminary plan for the Sunset View 36 162-163 Estates Subdivision. WHISENANT/STRICKLAND SUB-1181; Woodcreek, Section 8, Lots 183-184, Amended (1 Lot) Discussion and possible 37 164-165 action to approve a variance from Table 10-1.C of the Hays County Rules for Onsite Sewage Facilities. SHELL/STRICKLAND
MISCELLANEOUS Discussion and possible action to approve a resolution of support for dedicating a section of 38 166-167 Highway 290 in honor of veteran John A. McCarty. WHISENANT Discussion and possible action to adopt the revised Hays County Employee Personnel Policy 39 168-271 and addendum policies. COBB/MILLER Discussion and possible action to authorize the execution of an Interlocal Cooperative 40 272-280 Agreement between Hays County and Walker County related to jail transfer. INGALSBE Discussion and possible action to approve the appointment of Mitch Johnson to replace Joe 41 281-282 Segovia on the board of Emergency Services District #8, term ending December 31, 2019. JONES Discussion and possible action to approve a variance which would allow the property at 279 Grist 42 283-285 Mill Rd, Kyle, TX to use OSSF rules in place in August of 1986. INGALSBE/STRICKLAND Discussion and possible action to authorize the execution of a Memorandum of Understanding 43 286-290 (MOU) between the Hays County Local Health Department (LHD) and the Department of State Health Services (DSHS) for the Texas Syndromic Surveillance (TxS2). INGALSBE/CRUMLEY Discussion and possible action to authorize the execution of a new Services Agreement between Hays County and SWCA, Incorporated, an Arizona corporation that does business as SWCA 44 291-294 Environmental Consultants ("SWCA"), related to the management of the Hays County Regional Habitat Conservation Plan ("RHCP"). SHELL/CRUMLEY
EXECUTIVE SESSIONS The Commissioners Court will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel to discuss matters of land acquisition, litigation, and personnel matters as specifically listed on this agenda. The Commissioners Court may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda. Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code: 45 295 consultation with counsel and deliberation regarding the purchase, exchange or value of Right of Way along proposed FM110 in Pct. 1. Possible action may follow in open court. INGALSBE Executive Session pursuant to Sections 551.071 and 551.074 of the Texas Government Code: 46 296 consultation with counsel and deliberation regarding the Bailiff positions within the County Courts at Law. Possible action may follow in open court. INGALSBE Executive Session pursuant to 551.071 of the Texas Government Code: consultation with 47 297 counsel regarding pending and/or contemplated litigation involving Hays County. Possible action may follow in open court. INGALSBE Executive Session pursuant to Sections 551.071 and 551.087 of the Texas Government Code: consultation with counsel and deliberation regarding economic development negotiations 48 298 associated with Project King, Project Shamrock, Project Blue Sky, Project Big Hat, Project Magic Mint and Project Desert Wind. Possible action may follow in open court. INGALSBE Executive Session pursuant to Sections 551.071 and 551.074 of the Texas Government Code 49 299 consultation with counsel and deliberation regarding positions within the Hays County District Courts. Possible action may follow in open court. SHELL Executive Session pursuant to Sections 551.071 and 551.074 of the Texas Government Code: 50 300 consultation with counsel and deliberation regarding the Director of Development Services. Possible action may follow in open Court. INGALSBE
STANDING AGENDA ITEMS The Commissioners Court utilizes Standing Agenda Items to address issues that are frequently or periodically discussed in court. This section allows the Court to open the item when a need for discussion arises. Discussion of issues related to the Hays County Jail, and the planning of projects pertaining to the public 51 safety facilities needs within the County. Possible action may follow. INGALSBE/CUTLER 52 Discussion and possible action related to the burn ban and/or disaster declaration. INGALSBE/SMITH Discussion of issues related to the road bond projects, including updates from Mike Weaver, Prime 53 Strategies, Laura Harris, HNTB and Allen Crozier, HDR. Possible action may follow. INGALSBE Discussion of issues related to Electro Purification including updates on the filed application. 54 Possible action may follow. SHELL
ADJOURNMENT
Posted by 5:00 o'clock P.M. on the 14th day of December, 2018
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 Presentation of Hays County Service Awards.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
PROCLAMATIONS/PRESENTATIONS December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Miller, Human Resources INGALSBE N/A
SUMMARY
5 December 2018
5 YEARS
CONSTABLE 1 JUSTICE CLERK CHAVIRA, AURORA "RHODA"
CONSTABLE 1 JUSTICE CLERK LUCIO, JOSE
10 YEARS SHERIFF ADMINISTRATIVE ASSISTANT I LAMBERT, BETTY P.
SHERIFF LE CORPORAL - CID ANDREWS, MICHAEL
15 YEARS TRANSPORTATION MECHANIC McCLELLAND, MARK
DEV SVCS GIS COORDINATOR MUNOZ, MARTIN
20 YEARS SHERIFF CORRECTIONS OFFICER HENRY, JAMES N.
CONSTABLE 3 DEPUTY CONSTABLE AYRES,DARRELL WYNFRED
25 YEARS HEALTH ADMINISTRATIVE ASSISTANT II RODRIGUEZ,SYLVIA H.
SHERIFF SERGEANT MARTINEZ, LENNY
SHERIFF DEPUTY (SRO) CUMBERLAND, SIRENNA
IT IT DIRECTOR MCGILL,JEFFREY D.
30 YEARS JP 3 JUSTICE COURT TRAINER CARTER, CYNTHIA A.
RETIREMENT
AUDITOR ACCOUNTING ASSOCIATE WILEY, PATRICIA
COMMISSIONER 4 COMMISSIONER WHISENANT, RAYMOND OREN, JR.
COMMISSIONER 4 ADMINISTRATIVE ASSISTANT III KINNEY, LINDA LOU
JP 4 JUSTICE OF THE PEACE KYLE, TERRY
COUNTY JUDGE COUNTY JUDGE COBB, ALBERT HAARON
COUNTY CLERK COUNTY CLERK GONZALEZ,ELIZABETH Q.
TREASURER TREASURER TUTTLE,MICHELE H.
TRANSPORTATION MECHANIC DUNDON, WILLIAM
6 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 Presentation recognizing the County Clerk's Office for receiving the Five Star Exemplary Award.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
PROCLAMATIONS/PRESENTATIONS December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Gonzalez JONES WHISENANT
SUMMARY
7 Texas Vital Statistics Section 2018 Five Star Criteria for Local Registrars
To qualify for Five Star, your facility must have met ALL minimum criteria. To qualify for Exemplary Five Star, your facility must have met ALL exemplary criteria.
TxEVER Training: Attended at least one TxEVER conference call AND completed a TxEVER training either in person at a Regional Conference in summer 2018 or online through a training module available late 2018.
Offices that completed a conference call AND an in-person training AND an online training will be considered for Exemplary Five Star.
Self-Assessment Survey: Submitted a completed local registrar self-assessment survey provided by the Vital Statistics Section electronically no later than August 15, 2018 [HSC 191.022 (g)]. The survey will be available at http://www.dshs.texas.gov/vs/field/localsurvey.shtm.
Offices that received a moderate- or low- risk score will be considered for Exemplary Five Star.
Customer Service: Registered 98% of birth records (if any) in the Local Acceptance Queue within one business day between 1/1/2018 and 9/30/2018.
Averaged no more than 12 days for all death registrations from the date of the event to filing in the state office between 1/1/2018 and 9/30/2018.
Drop-to-paper records are only permitted when the funeral home is out-of-state or the family acts as funeral director. Manual death records are only permitted if the death occurred by lethal injection.
Offices averaging 10 days or less for death registration will be considered for Exemplary Five Star. Offices that registered 100% of their birth records in the Local Acceptance Queue within one business day will be considered for Exemplary Five Star.
Security: Local registrars using the Remote Birth Access System must have an average search-to- print ratio of 60% or greater from 1/1/2018 and 9/30/2018. For example, if your office conducted 300 searches and printed 225 records, then the search-to-print ratio is 75% (225/300).
The remote birth access system should only be used to issue a certified copy. Each time you click “search” or view the next page of results, this counts as a separate search whether you print or not. Check your monthly ratio at http://www.dshs.state.tx.us/vs/field/Search-to- Print-Ratios/.
Offices that have a search-to-print ratio of 75% or higher will be considered for Exemplary Five Star.
8 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 Swearing In Ceremony of Lon A. Shell as Commissioner of Precinct 3 in Hays County and approve the acceptance of official bond.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
PROCLAMATIONS/PRESENTATIONS December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
COBB N/A
SUMMARY
9 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 Approve payment of County invoices.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR APPROVAL: N/A
REQUESTED BY SPONSOR CO-SPONSOR VILLARREAL- Auditor’s Office N/A ALONZO
SUMMARY
10 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 Approve payment of Juror checks.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR APPROVAL: N/A
REQUESTED BY SPONSOR CO-SPONSOR VILLARREAL- Auditor’s Office N/A ALONZO
SUMMARY
11 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 Approve the payment of Humana and United Healthcare claims.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR APPROVAL: N/A
REQUESTED BY SPONSOR CO-SPONSOR VILLARREAL- Auditor’s Office N/A ALONZO
SUMMARY
12 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 Approve Commissioner Court Minutes of December 11, 2018.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Gonzalez INGALSBE N/A
SUMMARY
13 HAYS COUNTY COMMISSIONERS' COURT MINUTES
***** *****
STATE OF TEXAS * COUNTY OF HAYS *
ON THIS THE 11TH DAY OF DECEMBER A.D., 2018, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:
DEBBIE GONZALES INGALSBE COMMISSIONER, PCT. 1 MARK JONES COMMISSIONER, PCT. 2 LON A. SHELL COMMISSIONER, PCT. 3 RAY O. WHISENANT, JR. COMMISSIONER, PCT. 4 CHRISTOPHER ALANIZ DEPUTY COUNTY CLERK
WITH COUNTY JUDGE, ALBERT H. COBB, JR., BEING ABSENT AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:
Vilma Resendiz gave the invocation. Commissioner Ingalsbe led the court in the Pledge of Allegiance to the United States and Texas flags. Commissioner Ingalsbe called the meeting to order.
PUBLIC COMMENTS
Dan Lyon, resident of San Marcos, and Trampas Sibert, resident of San Marcos, all made public comment.
33335 APPROVE PAYMENTS OF COUNTY INVOICES
A motion was made by Commissioner Jones, seconded by Commissioner Whisenant, to approve payments of County invoices in the amount of $2,491,057.40 as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED
33336 APPROVE PAYMENTS OF JUROR CHECKS
A motion was made by Commissioner Jones, seconded by Commissioner Whisnenat ,to approve payments of Juror checks in the amount of $360.00 as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED
33337 APPROVE THE PAYMENT OF HUMANA AND UNITED HEALTHCARE CLAIMS
A motion was made by Commissioner Jones, seconded by Commissioner Whisenant, to approve the payment of United Healthcare claims in the amount of $525,109.08 as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED
33338 APPROVE COMMISSIONERS COURT MINUTES OF DECEMBER 4, 2018
A motion was made by Commissioner Jones, seconded by Commissioner Whisenant, to approve Commissioners Court Minutes of December 4, 2018 as presented by the County Clerk. All present voting “Aye”. MOTION PASSED
33339 APPROVE THE PAYMENT OF THE DECEMBER 15, 2018 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $2,650,000.00 EFFECTIVE DECEMBER 14, 2018 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED
A motion was made by Commissioner Jones, seconded by Commissioner Whisenant, to approve the payment of the December 15, 2018 payroll disbursements in an amount not to exceed $2,650,000.00 effective December 14, 2018 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voting “Aye”. MOTION PASSED
33340 APPROVE UTILITY PERMITS
A motion was made by Commissioner Jones, seconded by Commissioner Whisenant, to approve Utility Permit # 1120 located on McGregor Lane issued to Electric (PEC). All present voting “Aye”. MOTION PASSED
14 HAYS COUNTY COMMISSIONERS' COURT MINUTES
***** *****
33341 APPROVE THE REAPPOINTMENT OF JERRY BORCHERDING, DIRECTOR OF TRANSPORTATION, AS THE PRIMARY VOTING MEMBER ON THE TECHNICAL ADVISORY COMMITTEE OF CAMPO AND TIM VANDEVORDE, ASSISTANT TRANSPORTATION SUPERINTENDENT, AS THE ALTERNATE VOTING MEMBER, TERM ENDING DECEMBER 31, 2019
A motion was made by Commissioner Jones, seconded by Commissioner Whisenant, to approve the reappointment of Jerry Borcherding, Director of Transportation, as the primary voting member on the Technical Advisory Committee of CAMPO and Tim VandeVorde, Assistant Transportation Superintendent, as the alternate voting member, term ending December 31, 2019. All present voting “Aye”. MOTION PASSED
33342 APPROVE THE REAPPOINTMENTS OF SHARON O'BRIEN AND TOM RICHEY TO THE BOARD OF HAYS COUNTY ESD #3, TERM ENDING DECEMBER 31, 2020
Sharon O'Brien and Tom Richey have agreed to serve an additional term. A motion was made by Commissioner Shell, seconded by Commissioner Whisenant, to approve the reappointments of Sharon O'Brien and Tom Richey to the board of Hays County ESD #3, term ending December 31, 2020. All present voting “Aye”. MOTION PASSED
33343 RATIFY THE SUBMISSION OF A GRANT APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD FOR FLOOD MITIGATION ASSISTANCE (FMA) GRANT FUNDING
This grant application is for the Hays County Community Flood Mitigation Project. The Flood Mitigation Assistance grant program under FEMA, provides federal funding to assist states and communities to fund cost effective measures to reduce or eliminate the long-term risk of flood damage to structures insurable under the National Flood Insurance Program. The application is due to TWDB through the FEMA eGrants system by noon on Monday December, 10, 2018. This project was submitted to FEMA in the FY17 FMA, but did not receive funding. A motion was made by Commissioner Shell, seconded by Commissioner Whisenant, to ratify the submission of a grant application to the Texas Water Development Board for Flood Mitigation Assistance (FMA) grant funding. All present voting “Aye”. MOTION PASSED
33344 AUTHORIZE THE EXECUTION OF A GRANT APPLICATION TO THE TEXAS DEPARTMENT OF EMERGENCY MANAGEMENT FOR THE PRE-DISASTER MITIGATION (PDM) GRANT FUNDING FOR THE HAYS COUNTY COMMUNITY FLOOD MITIGATION PROJECT
The Pre-Disaster Mitigation program is designed to reduce the overall risk to the population and structures from future hazard events, while also reducing reliance on Federal funding in future disasters. This project is also being submitted for funding under the FY18 FMA, as well as was submitted through HMGP. The application is due to TDEM through the FEMA eGrants system by December 14, 2018 for considerations and prioritization. A motion was made by Commissioner Shell, seconded by Commissioner Whisenant, to authorize the execution of a grant application to the Texas Department of Emergency Management for the Pre- Disaster Mitigation (PDM) grant funding for the Hays County Community Flood Mitigation Project. All present voting “Aye”. MOTION PASSED
33345 AUTHORIZE THE SUBMISSION OF A GRANT APPLICATION TO THE TEXAS DEPARTMENT OF EMERGENCY MANAGEMENT FOR THE PRE- DISASTER MITIGATION (PDM) GRANT FUNDING FOR THE EXPANSION OF THE EXISITING FLOOD SYSTEM INFRASTRUCTURE
The Pre-Disaster Mitigation program is designed to reduce the overall risk to the population and structures from future hazard events, while also reducing reliance on Federal funding in future disasters. Funding will be utilized to expand the existing flood system infrastructure which will include flood inundation mapping, models, and discharge rating work. The total project cost is $106,000 (75% Federal Funding - $79,500; 25% County Funding $26,500). The application is due to TDEM through the FEMA eGrants system by December, 14, 2018 for considerations and prioritization. A motion was made by Commissioner Shell, seconded by Commissioner Whisenant, to authorize the submission of a grant application to the Texas Department of Emergency
15 HAYS COUNTY COMMISSIONERS' COURT MINUTES
***** ***** Management for the Pre-Disaster Mitigation (PDM) grant funding for the expansion of the existing flood system infrastructure. All present voting “Aye”. MOTION PASSED
33346 APPROVE THE APPOINTMENT OF ALEXANDRA THOMPSON AS THE HAYS COUNTY REPRESENTATIVE TO PLUM CREEK WATERSHED PARTNERSHIP
The Plum Creek Watershed Partnership, composed of local stakeholders, was formed to guide the planning process and address the bacteria and nutrient concerns in the stream. Led by a Steering Committee, the Partnership works with citizens, businesses, and officials in the watershed to restore the health of Plum Creek, recognizing that success in improving and protecting water resources depends on the people who live and work there. Our Steering Committee includes representatives from the following organizations: - Caldwell and Hays Counties - The Cities of Lockhart, Luling, Kyle, Uhland, and Buda, - The Guadalupe - Blanco River Authority - Plum Creek Conservation District - Polonia Water Supply Corporation - Hays and Caldwell County Soil and Water Conservation Districts. A motion was made by Commissioner Jones, seconded by Commissioner Whisenant, to approve the appointment of Alexandra Thompson as the Hays County representative to Plum Creek Watershed Partnership. All present voting “Aye”. MOTION PASSED
33347 APPROVE SELECTION OF CONTRACTORS PURSUANT TO RFQ 2018-P17 UTILITY COORDINATOR AND AUTHORIZE GENERAL COUNSEL TO NEGOTIATE CONTRACTS
Dan Lyon, resident of San Marcos, made public comment. Purchasing received Statements of Qualifications from the following firms in response to RFQ 2018-P16 Utility Coordinator: Binkley & Barfield, Inc. Cardno, Inc. Cobb, Fendley & Associates, Inc. Costello, Inc. Criado & Associates, Inc. Halff Associates, Inc. HDR Engineering, Inc. KCI Technologies LJA Engineering, Inc. Maestas & Associates, LLC MWM DesignGroup Pike Engineering, LLC Quora Ipsum, LLC RESPEC Surveying and Mapping, LLC Texas Engineering Solutions, LLC Texas Utility Engineering, Inc. The evaluating committee has reviewed the respondents' qualifications and will identify the highest-ranking firms in court. A motion was made by Commissioner Jones, seconded by Commissioner Whisenant, to approve selection of contractors pursuant to RFQ 2018-P17 Utility Coordinator and authorize General Counsel to negotiate contracts. All present voting “Aye”. MOTION PASSED
33348 AUTHORIZE OUT OF STATE TRAVEL FOR CAPTAIN JULIE VILLALPANDO AND LIEUTENANT ERIC BATCH TO HUNTSVILLE, ALABAMA RELATED TO JAIL EQUIPMENT INSPECTIONS AND AMEND THE BUDGET ACCORDINGLY
Captain Villalpando and Lt. Batch will travel to the Huntsville, Alabama to visit the City Jail to inspect similar cell inserts for purchase consideration for the new Jail Facility. This onsite meeting is necessary to confirm that the layout, logistics, functionality and construction of the premanufactured cell meets the expectations of the Sheriff’s Office and will satisfy the operational needs as designed. Equipment inspection is required as part of the submittal/manufacturing process to accept the cell design prior to the continued manufacturing of the remaining cells and before they are delivered to the site. Any changes after the cells are delivered will be costly and timely therefore it is imperative to obtain visual inspections as required. Travel costs are currently estimated at $868 for airfare and hotel accommodations for both individuals. Additional funds may be needed if costs have increased at the time of booking all accommodations. The Jail Division does not have a miscellaneous travel budget, therefore requests the Courts consideration to move funds from contingencies. The total funds moved will not exceed the actual costs of all related travel items. Budget Amendment: Increase Jail Travel: 001-618- 03.5501 – TBD Decrease County-Wide Contingencies: 001-645-00.5399 – TBD. A motion was made by Commissioner Jones, seconded by Commissioner Whisenant, to authorize out of state travel for Captain Julie Villalpando and Lieutenant Eric Batch to Huntsville, Alabama related to Jail equipment inspections and amend the budget accordingly. All present voting “Aye”. MOTION PASSED
33349 AUTHORIZE THE INFORMATION TECHNOLOGY DEPARTMENT TO PURCHASE ONE (1) NEW DELL SMART-UPS 5000VA RACK TOWER AND AMEND THE BUDGET ACCORDINGLY
The new Dell Storage Server that was ordered as part of the Law Enforcement NIBRS project has different power requirements than our existing Dell Storage Servers. The new server requires a 220v UPS and circuit, which was discovered once the equipment was received. The new UPS and circuit will need to be installed and complete prior to the deployment of the new hardware. Attachment: Dell Quote #3000030948200.1 DIR Contract # DIR-TSO-3763 Budget Amendment: Increase Computer Eqpt_Ops .5712_400 Decrease Data Supplies .5202). A motion was made by Commissioner Jones, seconded by Commissioner Whisenant, to authorize the Information Technology Department to purchase one (1) new Dell Smart-UPS 5000VA Rack Tower and amend the budget accordingly. All present voting “Aye”. MOTION PASSED
16 HAYS COUNTY COMMISSIONERS' COURT MINUTES
***** ***** 33350 AUTHORIZE THE EXECUTION OF AN AMENDMENT TO THE TYLER TECHNOLOGIES CLIENT SUPPORT AND SOFTWARE SERVICES AGREEMENT FOR THE TAX OFFICE RELATED TO PUBLIC ACCESS SOFTWARE PRODUCTS
The Tax Assessor would like to utilize the Tyler Technologies Public Access Software Product to enhance their current Orion Tax Products. Public Access will provide taxpayers with online access to local property assessment and valuation data, tax billing and collection information, and other important records. Constituents will be able to contact our office through our website and find information easily and securely anytime. Some key product information includes; >Search for property information, valuation notices, and tax bills >Review tax amounts, assessment notices, or tax bills >Find property information, such as ownership, location, parcel, and legal description Funds were budgeted during the FY19 budget process to add this product to the current software package. Attachment: Tyler Technologies Software Agreement Amendment Sourcewell Contract #110515-TTI. A motion was made by Commissioner Jones, seconded by Commissioner Whisenant, to authorize the execution of an Amendment to the Tyler Technologies Client Support and Software Services Agreement for the Tax Office related to Public Access software products. All present voting “Aye”. MOTION PASSED
33351 APPROVE EXECUTION OF PROFESSIONAL SERVICE AGREEMENTS WITH FREESE & NICHOLS TO MANAGE TCEQ'S MUNICIPAL SEPARATE STORMWATER SYSTEM PROGRAM (MS4) FOR HAYS COUNTY
Transportation Director, Jerry Borcherding spoke. Later this year, TCEQ will come out with new permitting requirements. Activities required to maintain compliance with the County’s TPDES permit and prepare for the new permit include: Public education/outreach program Public involvement process Illicit discharge detection and elimination program Construction site stormwater runoff control Post-construction stormwater management Pollution prevention and good housekeeping for County operations. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe, to approve execution of Professional Service Agreements with Freese & Nichols to manage TCEQ's Municipal Separate Stormwater System program (MS4) for Hays County. All present voting “Aye”. MOTION PASSED
33352 SUB-870; SUNSET OAKS SUBDIVISION (2227 LOTS) DISCUSSION AND POSSIBLE ACTION TO APPROVE VARIANCES FROM CHAPTER 721.5.03 OF THE HAYS COUNTY DEVELOPMENT REGULATIONS
Interim Director of Development Services, Caitlyn Strickland, spoke. Transportation Director, Jerry Borcherding spoke. Sunset Oaks is a master planned subdivision located at the corner of Yarrington Road and Hwy 21. The subdivision will be served by Maxwell WSC and wastewater service will accomplished by Aqua Texas INC. The developer is asking for variances from Chapter 721.5.03 of the Hays County Development Regulations, which outline building line setbacks from county roadways and driveway spacing. Building Lines Setbacks: The county regulation for roadways fronting along a roadway is a standard 25 ft setback. The developer would like to follow the City of San Marcos standard of 10ft corner side setback for lots that have two sides of the lot fronting along a roadway. Driveway Spacing: The county regulation for driveway spacing is 50 feet. The developer would like to follow the city of San Marcos standard of "one driveway per property" with no distance separation limitation. The size of the lots will not allow for the 50ft spacing requirement the county has. Additional information is provided in back up. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones, to approve SUB-870; Sunset Oaks Subdivision (2227 Lots) variances from Chapter 721.5.03 of the Hays County Development Regulations. All present voting “Aye”. MOTION PASSED
Clerk’s Note Agenda Item #19 RE: APPROVE A VARIANCE WHICH WOULD ALLOW THE PROPERTY AT 279 GRIST MILL RD, KYLE, TX TO USE OSSF RULES IN PLACE IN AUGUST OF 1986. – was pulled
33353 APPROVE THE APPOINTMENT OF ALEX GARCIA TO THE BOARD OF EMERGENCY SERVICES DISTRICT #3, TERM ENDING DECEMBER 31, 2020
Commissioner Whisenant spoke. A motion was made by Commissioner Whisenant, seconded by Commissioner Shell, to approve the appointment of Alex Garcia to the board of Emergency Services District #3, term ending December 31, 2020. All present voting “Aye”. MOTION PASSED
33354 AUTHORIZE THE EXECUTION OF AN ENGAGEMENT LETTER BETWEEN HAYS COUNTY AND DAVIS KAUFMAN PLLC RELATED TO THE 86TH LEGISLATIVE SESSION OF THE TEXAS LEGISLATURE 17 HAYS COUNTY COMMISSIONERS' COURT MINUTES
***** ***** Dan Lyon, resident of San Marcos, made public comment. Commissioner Shell spoke. A motion was made by Commissioner Shell, seconded by Commissioner Whisenant, to authorize the execution of an engagement letter between Hays County and Davis Kaufman PLLC related to the 86th legislative session of the Texas Legislature. All present voting “Aye”. MOTION PASSED
33355 AUTHORIZE THE EXECUTION OF THE CONFIDENTIAL DATA RELEASE AND INDEMNIFICATION AGREEMENT BETWEEN HAYS COUNTY, UNITED HEALTHCARE SERVICES INC., FROST INSURANCE AND ZYWAVE, INC
HR Director, Shari Miller spoke. General Counsel, Mark Kennedy spoke. Hays County utilizes benefit data analysis services from Zywave, Inc. in conjunction with Frost Insurance and United Healthcare. United Healthcare requires this multi-party agreement authorizing the release of data. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell, to authorize the execution of the Confidential Data Release and Indemnification Agreement between Hays County, United Healthcare Services Inc., Frost Insurance and Zywave, Inc. All present voting “Aye”. MOTION PASSED
33356 AUTHORIZE THE EXECUTION OF AN INTERLOCAL AGREEMENT (ILA) BETWEEN HAYS COUNTY AND THE CITY OF BUDA FOR LIBRARY SERVICES
Commissioner Jones spoke. General Counsel, Mark Kennedy spoke. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe, to authorize the execution of an Interlocal Agreement (ILA) between Hays County and the City of Buda for library services. All present voting “Aye”. MOTION PASSED
Clerk’s Note Agenda Item #24 RE: EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG PROPOSED FM110 IN PCT. 1. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT. – was pulled
33357 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS WITHIN THE HAYS COUNTY AUDITOR'S OFFICE. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT
Court convened into Executive session at 9:43 a.m. and reconvened into open court at 10:29 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Whisenant, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, HR Director, Shari Miller, County Auditor, Marisol Villarreal – Alonso, First Assistant County Auditor, Vickie Dorset and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Whisenant, seconded by Commissioner Shell, to move to accept the Auditors Office proposed reorganization as presented regrade the Purchasing Manager position grade 116 to 117 effective 1/1/19, hire the Accounting Associate slot 002 at 28.86 percentile effective 12/27/18, delay an Accounting Manager start date 3/1/19, the pros of restructure will be an estimated savings $5362.00 due to vacant positions and attrition. All present voting “Aye”. MOTION PASSED
Clerk’s Note Agenda Item #26 RE: EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS WITHIN THE COUNTY COURTS AT LAW. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT. – was pulled
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 KING, PROJECT SHAMROCK, PROJECT BLUE SKY, PROJECT BIG HAT, PROJECT MAGIC MINT AND PROJECT DESERT SAND. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT
Court convened into Executive session at 10:32 a.m. and reconvened into open court at 11:03 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Whisenant, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, and Legal Support Services Specialist, Janice Jones. No action taken. 18 HAYS COUNTY COMMISSIONERS' COURT MINUTES
***** *****
Clerk’s Note Agenda Item #28 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – was pulled
ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION
Burn Ban will remain lifted.
Clerk’s Note Agenda Item #30 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, LAURA HARRIS, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. – was pulled
Clerk’s Note Agenda Item #31 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – was pulled
ADJOURNMENT
Court adjourned at 11:07 a.m.
I, LIZ Q. GONZALEZ, COUNTY CLERK and EXOFFICIO CLERK OF THE COMMISSIONERS’ COURT, do hereby certify that the foregoing contains a true and accurate record of the proceedings had by the Hays County Commissioners’ Court on December 11, 2018.
LIZ Q GONZALEZ, COUNTY CLERK AND EXOFFICIO CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS
19 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 Approve the payment of the December 31, 2018 payroll disbursements in an amount not to exceed $3,670,000.00 effective December 31, 2018 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Michele Tuttle, Hays County Treasurer COBB N/A
SUMMARY Approve the December end of the month payroll disbursements not to exceed $3,670,000.00
20 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 Approve the reappointment of Paul Kaskie, Scott Stevens, and Jim Weatherford to the board of Hays County Emergency Services District #8, term ending December 31, 2020.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Mark Jones JONES N/A
SUMMARY Paul Kaskie, Scott Stevens and Jim Weatherford have agreed to an additional term.
21 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 Approve the reappointment of Jim Hollis and Stacy Morgan to the board of Hays County Emergency Services District #2, term ending December 31, 2020.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Mark Jones JONES N/A
SUMMARY Jim Hollis and Stacy Morgan have agreed to serve for another term.
22 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 Approve the reappointment of Julia Ramsay New and Michael Floreani to the board of Hays County Emergency Services District #7, term ending December 31, 2020.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Lon Shell SHELL N/A
SUMMARY Julia Ramsay New and Michael Floreani have agreed to serve a two-year term beginning January 1, 2019
23 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 Authorize Commercial On-Site Sewage Facility Permit at 530 Pioneer Trail, Dripping Springs, Texas 78620.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Caitlyn Strickland, Director of Development Services WHISENANT N/A
SUMMARY Rafael Robinson is proposing an OSSF to serve a retreat and lodging. The system is designed to accommodate up to 50 guests and employees for 6 to 10 retreats annually. This 10.014 acre tract is Tract 14 in the unrecorded in the Pioneer Ranch Subdivision. The property will be served by a rainwater collection system. The system designer, Stephen Jetton, R.S., has designed an aerobic treatment system, which consists of pretreatment, flow-equalization, and secondary treatment. After treatment, the effluent will be dispersed via drip irrigation tubing for a maximum daily rate of 1000 gallons.
24 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 Authorize the installation of electrical utility services at Jacobs Well Natural Area (JWNA) and amend the budget accordingly.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018 $6,030
LINE ITEM NUMBER 150-813-97-407.5611_400
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: YES AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO
REQUESTED BY SPONSOR CO-SPONSOR
Crumley SHELL N/A
SUMMARY The Master Gardeners Association installed a greenhouse at JWNA in the spring in order to increase horticulture education. They are requesting county assistance with the installation of electrical utilities to be installed by CT Electric. Electricity to the greenhouse will provide the Master Gardeners with lighting and heating throughout the winter months which will allow the Master Gardeners to germinate and grow a variety of vegetation that will be used for educational purposes and gardening throughout the Jacob's Well property. Funding is available within the Park Bond Fund to provide this service.
Budget Amendment: Decrease Dahlstrom Contract Services: 150-812-97-413.5448 Increase JWNA Construction_Ops: 150-813-97-407.5611_400
Attachment: CT Electric Quote #991
25 Johnny Homann Quote DBA CT. ELECTRIC Date Quote# PO BOX 1185 LOCKHART, TX 78644 11/5/2018 991
Bill To Hays County 712 S. Stagecoach Trail Suite 1071 San Marcos, Tx 78666
P.O. No. Terms Project
NEW 200 AMP M... JACOBS WELL
Quantity Description Rate Amount 16 Scope of Work: 70.00 1,120.00 - new 16" x 16" excavation and concrete pad for Meter Pedestal - dig a 50 ft trench 30" deep from the pedestal to the greenhouse , install conduit and cover with sand or concrete - pull wire in new conduit going from greenhouse to transformers - mount a new 200 amp panel inside the green house and add a 120 outlet on the side of the panel water meter - allow for inspection phases dictated by PEC 24 55.00 1,320.00 24 35.00 840.00 1 2,750.00 2,750.00
Total $6,030.00
26 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 Approve the reappointment of Ken Downing, Ron Spangenberg and Eddie Gumbert to the board of Hays County Emergency Services District #4, term ending December 31, 2020.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Lon Shell SHELL N/A
SUMMARY Ken Downing, Ron Spangenberg, and Eddie Gumbert have agreed to serve a two-year term beginning January 1, 2019. Term ending December 31, 2020
27 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 Approve the September 2018 Treasurer's and Investment Reports.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018 N/A
LINE ITEM NUMBER N/A
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Michele Tuttle, Hays County Treasurer COBB N/A
SUMMARY Approve the September 2018 Treasurer's Report and Investment Report
28 29 30 31 32 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 Approve the recommendations from the Hays County Investment Committee.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018 N/A
LINE ITEM NUMBER N/A
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Michele Tuttle, Hays County Treasurer COBB N/A
SUMMARY Approve the recommendations from the Hays County Investment Committee
33
2019 Investment Committee Recommendations
The Hays County Investment Committee recommendations from the meeting held Thursday, September 27, 2018.
Approval of the attached list of authorized broker/dealers and investment firms
Approval of the attached list of Investment Committee Members
No changes to the current Investment Policy (as attached)
34
Authorized Investments 2019
Agency Discount Notes/Treasury Bills/Brokered CDs OPPENHEIMER MULTIBANK SECURITIES WELLS FARGO SECURITIES FINANCIAL NORTHEASTERN COMPANIES FEDERAL RESERVE BANK -TREASURY DIRECT
Investment Pools TEXPOOL LOGIC CLASS TEXAS TERM
Money Market Funds ICT FUNDS MANAGEMENT
BANKING INSTITUTIONS WITH COLLATERALIZED SECURITY AGREEMENTS
Bank Certificates of Deposit
BANKING INSTITUTIONS WITH COLLATERALIZED SECURITY AGREEMENTS
35
2019 Investment Committee
Britney Richey, Hays County Treasurer (Elect)
Laura Nava, Assistant Hays County Treasurer (Successor)
Marisol Villarreal-Alonzo, Hays County Auditor
Debbie Ingalsbe, Hays County Commissioner Precinct 1
Lon Shell, Hays County Commissioner Precinct 3
Valerie Van Vlack, Texas State University Treasurer
Dr. William Chittenden, Associate Dean, McCoy College of Business
36 2019
HAYS COUNTY INVESTMENT POLICY
37 TABLE OF CONTENTS
I. Investment Authority and Scope of Policy
II. Investment Objectives
Ill. Quality and Capability of Investment Management
IV. Investment Strategy
V. Investment Types
VI. Investment Responsibility and Control
VII. Investment Collateral and Safekeeping
VIII. Investment Reporting and Performance Evaluation
Also Attached:
• Broker/Dealer Certification Form
• Broker/Dealer Questionnaire
38 I. INVESTMENT AUTHORITY AND SCOPE OF POLICY
General Statement
This policy serves to satisfy the statutory requirements of Local Government Code 116.112 and Government Code Chapter 2256, Subchapters A and B to define and adopt a formal investment policy. This policy will be reviewed and adopted by resolution at least annually.
Funds Included
This investment policy applies to all financial assets of all funds of the County of Hays, Texas, at the present time and any funds to be created in the future and any other funds held in custody by the County Treasurer, unless expressly prohibited by law or unless it is in contravention of any depository contract between Hays County and any depository bank.
County’s Investment Officer
In accordance with Section 116.112 (A), Local Government Code and I or Chapter 2256, Section 2256.005 (f) and (g), the County Treasurer, under the direction of the Hays County Commissioners’ Court, is designated as the Hays County Investment Officer and may invest County funds that are not immediately required to pay obligations of the County. The County Auditor or Assistant County Auditor must countersign all investment transactions. Upon the absence of the County Treasurer, the County Treasurer’s Assistant may act in the place of the County Treasurer to invest county funds.
If the investment officer has a personal business relationship with an entity as defined by the Texas Public Funds Investment Act section 2256.005, or is related within the second degree by affinity or consanguinity to an individual seeking to sell an investment to the County, the investment officer must file a statement disclosing that personal business interest or relationship with the Texas Ethics Commission and the Commissioners’ Court.
39 II. INVESTMENT OBJECTIVES
General Statement
Funds of the County will be invested in accordance with federal and state laws and within the boundaries of this investment policy. Investments shall be made with judgment and care -under circumstances then prevailing - which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The first and foremost consideration of all Hays County investment transactions is the suitability of the investment to the financial requirements of the county. The primary objectives, in priority order, of the Hays County investment activities shall be:
Safety Hays County is concerned about the return of its principal; therefore, safety of principal is a primary objective in any investment transaction. To attain this objective, diversification will be required in order to reduce risk resulting from over concentration of assets in a specific security or maturity.
Liquidity The Hays County investment portfolio will remain sufficiently liquid to enable Hays County to meet all of the operating requirements that might be reasonably anticipated. In the consideration of liquidity is the marketability of the investment if the need arises to liquidate the investment before maturity.
Yield It will be the objective of Hays County to earn the maximum rate of return allowed on its investments within the policies imposed by safety and liquidity objectives, investment strategies for each fund, and state and federal law governing investment of public funds.
Maturity
Portfolio maturities will be structured to meet the obligations of Hays County first and then to achieve the highest return of interest. When the County has funds that will not be needed to meet current year obligations, maturity restraints will be imposed based upon the investment strategy for each fund. The maximum allowable stated maturity of any individual investment owned by the County is two years.
40 III. QUALITY AND CAPABILITY OF INVESTMENT MANAGEMENT
It is Hays County’s policy to provide training required by the Public Funds Act, Section 2256.008 and periodic training in investments for the County Investment Officer through courses and seminars offered by professional organizations and associations in order to insure the quality and capability of the County Investment Officer in making investment decisions. The County Investment Officer is required to obtain at least 10 hours of training related to the County Investment Officer responsibilities within twelve months of assuming these duties. The County Investment Officer is also required to attend 10 hours of investment training within two years of October 1. The training must include education in investment controls, security risk, strategy risk, market risk, diversification of investment portfolio and compliance with the Texas Public Funds Investment Act. Such training sources would include: Certified County Investment Officer training: investment courses sponsored by the Texas Association of Counties: investment updates at the annual Treasurer’s Conference and Treasurer’s Seminar: and any courses or seminars sponsored by an accredited trade association. A report of attendance by the sponsor of the training will satisfy as proof of meeting the requirement.
41 IV. INVESTMENT STRATEGY
The County of Hays maintains a portfolio which utilizes four specific investment strategy considerations designed to address the unique characteristics of the fund groups represented in the portfolio.
* * * * ** * * * * *
Investment strategies for operating funds have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create a portfolio structure which will experience minimal volatility during economic cycles. This may be accomplished by purchasing high quality, short to medium term securities which will complement each other in a matched maturity structure. The dollar weighted average maturity of 365 days or less will be calculated using the stated final maturity dates of each security.
Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. Securities purchased shall not have a stated final maturity date which exceeds the debt service payment date.
Investment strategies for debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate debt service fund from securities with a low degree of volatility. Except as may be required by the bond ordinance specific to an individual issue, securities should be of high quality, with short term maturities.
Investment strategies for special projects or special purpose fund portfolios will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. These portfolios should include at least 10% in highly liquid securities to allow for flexibility and unanticipated project outlays. The stated final maturity dates of securities held should not exceed the estimated project completion date.
42 V. INVESTMENT TYPES
Authorized
The Hays County Investment Officer shall use any or all of the following authorized investment instruments consistent with governing law:
A. Obligations of, or guaranteed by, governmental entities maturing in 2 years or less: 1. obligations of the United States or its agencies and instrumentalities; 2. direct obligations of this state or its agencies and instrumentalities; 3. collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States; 4. other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, this state or the United States or their respective agencies and instrumentalities; and 5. obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent. 6. obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States;
B. Certificates of deposit if issued by a state or national bank domiciled in this state or a savings bank domiciled in this state or a state or federal credit union domiciled in this state or the National Credit Union Share Insurance Fund or its successor or a broker that has its main office or a branch office in this state and is selected from a list adopted by the Hays County Commissioner’s Court as authorized, and is: 1. guaranteed or insured by the Federal Deposit Insurance Corporation or its successor; 2. secured by obligations that are described by Section 2256.009 (a) of the Public Funds Investment Act, including mortgage backed securities directly issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates, but excluding those mortgage backed securities of the nature described by Section 2256.009 (b) of the Public Funds Investment Act; or 3. secured in any other manner an amount provided by law for deposits of the county. 4. Maturing in 2 years or less
Bids for Certificates of Deposit may be solicited orally, in writing, electronically, or in any combination of these methods.
C. A fully collateralized repurchase agreement, as defined in the Public Funds Investment Act, if it: 1. has a defined termination date; 2. is secured by obligations described by Section 2256.009 (a) (1) of the Public Funds Investment Act; and
43 3. requires the securities being purchased by the county to be pledged to the county, held in the county’s name, and deposited at the time the investment is made with the county or with a third party selected and approved by the county; and 4. is placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this state.
Not withstanding any law, the term of any reverse security repurchase agreement may not exceed 90 days after the date the reverse security repurchase agreement is delivered.
Money received by Hays County under the terms of a reverse security repurchase agreement shall be used to acquire additional authorized investments, but the term of the authorized investments acquired must mature not later than the expiration date stated on the reverse security repurchase agreement.
D. A bankers’ acceptance if it: 1. has a stated maturity of 270 days or fewer from the date of its issuance; 2. will be, in accordance with its terms, liquidated in full at maturity; 3. is eligible for collateral for borrowing from a Federal Reserve Bank; and 4. is accepted by a bank organized and existing under the laws of the United States or any state, if the short-term obligations of the bank, or of a bank holding company of which the bank is the largest subsidiary, are rated not less than A-1 or P-1 or an equivalent rating by at least one nationally recognized credit rating agency.
E. Commercial paper is and authorized investment under this subchapter if the commercial paper: 1. has a stated maturity of 270 days or fewer from the date of its issuance; and 2. is rated not less than A-1 or P-1 or an equivalent rating by at least; A. two nationally recognized credit rating agencies; or B. one nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing under the laws of the United States or any state.
F. Mutual funds and money market mutual funds with limitations described below:
A no-load money market mutual fund is authorized if it: 1. is registered and regulated by the Securities and Exchange Commission; 2. has a dollar-weighted average stated maturity of 90 days or fewer; and 3. includes in its investment objectives the maintenance of a stable net asset value of $1 for each share. 4. Provides Hays County with a prospectus and other information required by the Securities Exchange Act of 1934 or the Investment Company Act of 1940.
A no-load mutual fund is authorized if it: 1. is regulated by the Securities and Exchange Commission;
44 2. has an average weighted maturity of less than two years; 3. is invested exclusively in obligations approved by this investment policy.; 4. is continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent; and 5. conforms to the requirements set forth in Sections 2256.016 (b) and (c) relating to the eligibility of investment pools to receive and invest funds of investing entities. Relative to mutual funds the county may not: 1. invest in the aggregate more than 15 percent of its monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service in mutual funds either separately or collectively; 2. invest any portion of bond proceeds, reserves and funds held for debt service, in mutual funds; or 3. invest its funds or funds under its control, including bond proceeds and reserves and other funds held for debt service, in any one mutual fund in an amount that exceeds 10 percent of the total assets of the mutual fund.
G. Eligible investment pools (as discussed in the Public Funds Investment Act, Section 2256.016-2256.019): the Commissioners’ Court by resolution authorizes investment in the particular pool. An investment pool shall invest the funds it receives from Hays County in authorized investments permitted by the Public Funds Investment Act. Hays County by contract may delegate to an investment pool the authority to hold legal title as custodian of investments purchased with its local funds. The pool must maintain a rating of no less than AAA or AAA-m and have a weighted average maturity no greater than 90 days.
H. Guaranteed investment contracts are acceptable investments for bond proceeds if the guaranteed investment contract:
a. has a defined termination date. b. is secured by obligations of or guaranteed by governmental entities (as described by section 2256.009 (a) (1)), excluding those obligations prohibited (as described by section 2256.009 (b)) in an amount at least equal to the amount of bond proceeds invested under contract. c. is pledged to Hays County and deposited with Hays County or with a third party selected and approved by Hays County. d. is specifically authorized by the Commissioner’s Court of Hays County as an eligible investment in the order, ordinance or resolution of the issuance of the bonds. e. is the highest yielding contract of at least three bids submitted by separate providers with no material financial interest in the bonds from which the proceeds were received. f. takes into account the reasonably expected draw down schedule for the bond proceeds to be invested. g. the administrative costs reasonably expected to be paid to third parties in connection with the contract are certified by the provider.
45 Guaranteed investment contracts with a term of longer than five years from the date of the issuance of the bonds are prohibited for bond proceeds other than proceeds representing reserves and funds maintained for debt service purposes.
Prohibited
The Hays County Investment Officer will not use any of the following investment instruments: 1. obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal; 2. obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest; 3. collateralized mortgage obligations that have a stated final maturity date of greater than 10 years; and 4. collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index.
Hays County shall take all prudent measures that are consistent with this policy to liquidate any investment that falls below accepted standards.
46 VI. INVESTMENT RESPONSIBILITY AND CONTROL
Investment institutions defined
The Hays County Investment Officer shall invest County funds with any or all of the following institutions or groups consistent with federal and state law and the current Depository Bank contract: 1. Depository bank; 2. other state or national banks domiciled in Texas that are insured by FDIC; 3. Public funds investment pools; 4. Government securities brokers and dealers that has its main office or a branch office in this state; or 5. Mutual fund companies and money managers.
Qualifications for approval of BROKER I DEALERS
A written copy of this investment policy shall be presented to any person seeking to sell to the county an authorized investment. The qualified representative of the business organization seeking to sell an authorized investment shall execute a written instrument substantially to the effect that the qualified representative has: 1. received and thoroughly reviewed the investment policy of the county; and 2. acknowledged that the organization has implemented reasonable procedures and controls in an effort to preclude imprudent investment activities arising out of investment transactions conducted between the county and the organization.
A list of no more than four (4) authorized broker / dealers will be established and maintained. The following criteria must be met by those firms on the list: • proof of certification by the National Association of Securities Dealers (NASD), • proof of current registration with the State Securities Commission, and • completion of a County questionnaire.
The investment officer may not buy any securities from a person who has not delivered to the county an instrument in substantially the form provided above.
Standards of Operation
The County Treasurer / Investment Officer shall develop and maintain written administrative procedures for the operation of the investment program, consistent with this investment policy. It shall be the responsibility of the County Treasurer/Investment Officer to:
1. Determine the amount of funds which are available for investment. 2. Determine the specific investment which will yield maximum income for a particular fund.
47 3. Determine the length of time for which investments shall be made. 4. Insure that sufficient funds are available to meet immediate and short-term needs for the operation of the county. 5. Make recommendations to the Commissioner’s Court and Investment Advisory Committee concerning new types of investment instruments which may require approval from the Court. 6. Provide the Commissioner’s Court with a monthly report of all investment transactions. 7. Make the actual purchase of all investments with a countersignature from the County Auditor or Assistant Auditor. 8. Receive and provide for the safekeeping of all pledged securities as collateral for invested funds.
Advisory Committee
It shall be the responsibility of the advisory committee to act as a consultant to the Investment Officer. The members of the committee will be chosen annually by the Commissioners Court. The County Treasurer / Investment Officer is the presiding officer of the committee and shall be present at all gatherings concerning investments for Hays County.
Committee members shall meet annually to discuss all actions that have transpired since the last meeting. Members are to be consulted on any unusual circumstances that are to be expected in the near future. Advisory members may formally communicate through teleconference or by a physical meeting. The Investment Officer may call for an official consultation at any time. The committee members may also elect to hold a consultation with the Investment Officer as deemed necessary.
The committee is to be consulted in the selection of all brokers and dealers. It shall also be consulted before making any changes to this investment policy.
All committee members are expected to offer their advice to the committee on a voluntary basis for the period of one year. If for any reason an individual is unable to complete a full term, the standing committee members may select someone to fill the vacancy.
Committee members and their affiliates may in no way benefit financially form their service on the committee during their membership term. Members shall refrain from undertaking any investment transactions with Hays County until their term on the committee has expired.
The Members of the Hays County Investment Advisory Committee shall make prudent and intelligent suggestions. The members shall keep the best interests of Hays County in mind while setting aside personal gain.
48 Delivery Vs. Payment
It will be the policy of the County that all instruments purchased through a broker except investment pools, money market mutual funds and securities purchased through Treasury Direct must be purchased using the same day “delivery vs. payment” (DVP) method through the Federal Reserve System. By so doing, County funds are not released until the County has received, through the Federal Reserve wire, the securities purchased.
Audit Control
The Hays County Investment Officer will establish liaison with the Hays County Auditor in preparing investment forms to assist the County Auditor for accounting and auditing control. The Hays County Investment Officer in addition to the Hays County Auditor or Assistant Auditor will endorse all investment transactions.
The Investment Officer is subject to audit by the Hays County Auditor. In addition, the Hays County Commissioner’s Court, at a minimum, will have an annual financial audit of all County funds by an independent auditing firm, as well as a compliance audit of management controls on investments and adherence to the entity’s established investment policies.
The internal controls shall address the following points: 1. Control of collusion. Collusion is a situation where two or more employees are working in conjunction to defraud their employer. 2. Separation of transaction authority from accounting and record keeping. By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. 3. Custodial Safekeeping. Securities purchased from any bank or dealer including appropriate collateral (as defined by State Law) shall be placed with an independent third party for custodial safekeeping. 4. Avoidance of physical deliver securities. Book entry securities are much easier to transfer and account for since actual delivery of a document never takes place. Delivered securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities. 5. Clear delegation of authority to subordinate staff members. Subordinate staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also preserves the internal control structure that is contingent on the various staff positions and their respective responsibilities. 6. Written confirmation. Due to the potential for error and improprieties arising from telephone transactions, all telephone transactions should be supported by written communications and approved by the appropriate person. Written communications from investment entities may be via fax if on letterhead and the safekeeping institution has a list of authorized signatures. A same day
49 written communication must take place between the broker I dealer and the investment officer to ensure the type of investment being made. A same day written communication must also take place between the Investment Officer and the third party safekeeping institution before a transaction can transpire. Written confirmation must be sent to the Investment Officer from the investment entity within a reasonable time after the transaction has occurred.
Standard of Care
Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person’s own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Investment of funds shall be governed by the following investment objectives, in order of priority: preservation and safety of principal; liquidity; and yield.
In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: 1. the investment of all funds, or funds under the entity’s control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment; and 2. whether the investment decision was consistent with the written investment policy of the entity.
50
VII. INVESTMENT COLLATERAL AND SAFEKEEPING
Collateral
The Hays County Investment Officer shall insure that all county funds are fully collateralized or insured consistent with federal and state law and the current Bank Depository Contract in one or more of the following manners: 1. FDIC insurance coverage; 2. Obligations of the United States or its agencies and instrumentalities 3. Any instrument that has been approved in this policy and that Hays County would be permitted to hold by state and federal law.
Safekeeping All purchased securities shall be held in safekeeping by the County, or a County account in a third party financial institution, or with the Federal Reserve Bank. All certificates of deposit, insured by the FDIC, purchased outside the Depository Bank shall be held in safekeeping by either the County or a County account in a third party financial institution. All pledged securities by the Depository Bank shall be held in safekeeping by the County, or a County account in a third party financial institution, or with a Federal Reserve Bank.
Ethics and conflicts of interest
Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial / investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of their entity.
51 VIII. INVESTMENT REPORTING AND PERFORMANCE EVALUATION
Monthly Report
In accordance with Government Code 2256.023 not less than monthly, the investment officer shall prepare and submit to the Commissioner’s Court a written report of investment transactions for all funds for the preceding reporting period within a reasonable time after the end of the period. The report must: 1. describe in detail the investment position of the county on the date of the report; 2. be prepared jointly by all investment officers of the county; 3. be signed by the investment officer, the employee that assisted in the preparation of the report, and the County Auditor. 4. contain a summary statement of each pooled fund group that states the: A. beginning market value for the reporting period; B. additions and changes to the market value during the period; and C. ending market value for the period; D. fully accrued interest for the period; 5. state the book value and market value of each separately issued asset at the beginning and end of the reporting period by the type of asset and fund type invested; 6. state the yield and maturity date of each separately invested asset that has a maturity date; 7. state the account of fund or pooled group fund in the county for which each individual investment was acquired; and 8. state the compliance of the investment portfolio of the county as it relates to: A. the investment strategy expressed in the county’s investment policy; B. relevant provisions of this chapter.
Notification of investment changes
It shall be the duty of the County Investment Officer of Hays County, Texas to notify the Hays County Commissioners’ Court of any significant changes in current investment methods and procedures prior to their implementation.
Market Value
The Hays County Investment Officer shall monitor the market value of current investments on a daily basis through the Wall Street Journal. An outside third party source shall be used monthly for pricing any instrument that is not listed in the Wall Street Journal. This third party vendor will in no way be involved in the investment transaction that it is pricing.
52 Broker/Dealer Certification Form as required by Texas Government Code 2256.005 (k)
County of Hays
I, as a qualified representative for the firm ______do hereby certify that I and any broker covering this account, have received and both have thoroughly reviewed the investment policy of the County of Hays. I also understand we will be routinely informed of any changes to the County’s Investment policy concerning limitations, strategy and risk constraints.
We acknowledge that this firm has implemented reasonable internal procedures and controls in an effort to preclude investment transactions between this firm and the County of Hays that are not authorized by the Hays County Investment Policy, except to the extent that this authorization is dependent on an analysis of the makeup of Hays County’s entire portfolio or requires and interpretation of subjective investment standards.
Signature of Qualified Representative
Name: ______
Title: ______
Date: ______
Michele Tuttle, Hays County Treasurer/Investment Officer
______Date
53 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 Amend various departmental operating budgets in preparation for the County's FY 2018 year-end process.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018 N/A
LINE ITEM NUMBER Various
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO
REQUESTED BY SPONSOR CO-SPONSOR
Marisol Villarreal-Alonzo INGALSBE N/A
SUMMARY Budget Amendment will be provided in Court.
54 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 Approve the reappointment of Dennis Lane to the board of Hays County Emergency Services District #1, term ending December 31, 2020.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
WHISENANT N/A
SUMMARY Mr. Lane will serve a term ending December 31, 2020.
55 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 Approve the reappointment of Jennifer Rodriguez, Bradley Ruoff and Robert Avera to the board of Hays County Emergency Services District #6, term ending December 31, 2020.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
WHISENANT N/A
SUMMARY Jennifer Rodriguez, Bradley Ruoff and Robert Avera will serve a term ending December 31, 2020.
56 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 Authorize the execution of a Proposal from Beckwith Electronic Systems, LLC for the AV video/audio upgrade for County Court at Law Courtroom #3 and allow an exemption from the bidding process pursuant to Texas Local Government Code 262.024A (7) (D).
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018 $106,000
LINE ITEM NUMBER 001-612-00.5712_700
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO
REQUESTED BY SPONSOR CO-SPONSOR
Jeff McGill/Judge Glickler INGALSBE N/A
SUMMARY The A/V retrofit for CCL Courtroom #3 was approved and budgeted during the FY19 budget process. Beckwith Electronics Systems was the contractor used during the Government Center build out of the current courtrooms that are in use. The system was customized for our District and County Court at Law Judges in order to provide consistency throughout all courtrooms. Additionally, Beckwith installed the wiring and configuration for the remaining courtrooms for future build outs. Due to the existing infrastructure that was put in place, it is necessary to utilize the same contractor to complete the upgrade for CCL Courtroom #3.
Attachment: Beckwith Electronics Proposal
57 Hays County Gov't Center - Video Fit-up for CCL #3
Qty Model Manufacturer Description Cost Per Cost Ext
1 DS-SH1M RDL Sterophonic Headphone Amp, 1/8" $ 188 $ 188 1 PS-24AS RDL Power Supply for D Series $ 30 $ 30 1 V11H698920 Epson PowerLite Pro G6870NLXGA 3LCD Projector $ 5,538 $ 5,538 1 V12H004M05 Epson Middle-throw zoom lens #2 $ 1,988 $ 1,988 1 AudiaEXPI Biamp 8-input expander $ 919 $ 919 4 M1255B Audix High-output mini condenser mic $ 470 $ 1,881 4 MC-HANGER Audix Hanger for M1255B $ 23 $ 92 1 UN65MU6300 Samsung 65" LED Smart TV $ 1,092 $ 1,092 1 P100HD Elmo Digital document camera $ 4,079 $ 4,079 13 VT2406-L Viewsonic 24" LED Monitor w/ RS-232 $ 287 $ 3,737 1 232-ATSC 4 Contemp. Research HDTV Tuner $ 1,032 $ 1,032 1 RK1 Contemp. Research Rack mount kit $ 44 $ 44 1 BD-A1040 Yamaha Blu-Ray disc player $ 460 $ 460 4 EVT1 Middle Atlantic 1U rack vent $ 15 $ 60
2 PWR-12120-USJP-S2 Moxa Power Adapter for N Port server $ 66 $ 132 2 N Port 5410 Moxa Serial Device Server $ 775 $ 1,550 8 OC40FMX Omnimount Full-motion arm mount $ 66 $ 529 5 DMG1000 Kanto Full-motion arm mount (removable) $ 204 $ 1,020 2 HDMI4K1x4 Vanco 1x4 HDMI Splitter $ 401 $ 802 5 70-1065-04 Extron Retractor Series/2 HDMI $ 383 $ 1,913 5 70-1065-11 Extron Retractor Series/2 VGA-A $ 425 $ 2,125 5 70-1065-03 Extron Retractor Series/2 Network $ 383 $ 1,913 3 70-090-14 Extron Blank Plate - Quad $ 23 $ 69 5 60-1356-02 Extron USB PowerPlate 200 AC AAP $ 144 $ 719 2 70-1045-02 Extron Cable Cubby 500, Black, No AC $ 360 $ 720 5 70-1039-01 Extron Cable Cubby Cable/AAP Bracket Kit $ 30 $ 150 5 70-092-11 Extron Two RCA Female to Solder Cups $ 23 $ 115 2 70-1080-01 Extron CableCover $ 75 $ 150 1 RT-N12+ ASUS 3 in 1 Router/AP/Range Extender for Large Envir $ 79 $ 79
1 PoE-SW1602E-ECO BV Tech 16 Port Rackmount PoE Switch (Reverse Mount) $ 269 $ 269 1 D7CS1311-120-RPNY 120 GB SAATA-III Internal SSD $ 58 $ 58 1 OR700LCDRM1UCyberPower 700VA 400W UPS $ 218 $ 218 2 4-2400C15S-4GNG. Skill NT DDR4 4 GB RAM $ 18 $ 36
58 Hays County Gov't Center - Video Fit-up for CCL #3
1 BX80662G4400 Intel Intel Pentium G4400 Skylake Dual-Core 3.3 GHz $ 65 $ 65 1 Z170M-ITX/ac ASRock Intel LGA 1151 Mini ITX Motherboard $ 168 $ 168 3 GC98FF StarTech DB9F to RJ45F Adapter (only had 3 in stock out o$ 15 $ 45 2 HD-DA4-4KZ-E Crestron DA4 HDMI 4-output distribution amp $ 288 $ 575 1 CEN-SW-POE-5 Crestron 5-port PoE Switch $ 230 $ 230 1 CEN-GWEXER Crestron Wireless Gateway $ 450 $ 450 1 TST-902-DS Crestron Docking Station for TST-902 $ 150 $ 150 1 TST-902 Crestron 8.7" Wireless Touch Screen $ 2,345 $ 2,345 1 DM-MD16X16 Crestron 16x16 DigitalMedia Switcher $ 7,310 $ 7,310 2 DMC-4KZ-HD Crestron 4K HDMI Input Card $ 680 $ 1,360 5 DMC-4KZ-C Crestron HDBaseT Input Card $ 935 $ 4,675 4 DMC-4KZ-CO-HDCrestron 2-Channel HDBaseT Output Card $ 1,105 $ 4,420 1 DMC-4K-HDO Crestron 2-Channel 4K Scaling HDMI Output Card $ 1,530 $ 1,530 1 C-4K-CO-HD-HD Crestron 2-Channel HDBaseT Output Card $ 1,445 $ 1,445 5 DM-TX-201-C Crestron DM Transmitter 201 $ 1,105 $ 5,525 8 M-RMC-4KZ-100Crestron DM Receiver/Controller 100 $ 810 $ 6,480 2 CBL-HD-6 Crestron Interface Cable, 6' $ 43 $ 85 4 M-CBL-8G-NP-SP5Crestron DM 8G Cable, non-plenum, 500' $ 324 $ 1,296 1 DM-8G-CONN-10Crestron Connectors for DM 8G Cable, 100-pk $ 425 $ 425 1 n/a Lot Misc. cabling and installation materials $ - $ 4,727 1 n/a Lot Misc. connectors and terminal plates $ - $ 2,944 Equipment Subtotal 1 $ 79,954 Shipping/Handling (3%) $ 2,399 Equipment Subtotal 2 $ 82,353 Installation, Programming, Project Management, Design Labor $ 9,821 O&P $ 13,826 Total $ 106,000
59 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 Authorize the Transportation Department to add a telephone allowance effective December 1, 2018 for the Engineering Technician, slot number 1028-001 and amend the budget accordingly.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018 $450
LINE ITEM NUMBER 020-710-00.5194
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Jerry Borcherding COBB N/A
SUMMARY A stipend has been requested for the Engineering Technician position via the Data Request/Justification Form. This position travels throughout the County on a routine basis. It is imperative that this position be available to staff and supervisors in order to remain productive and perform duties effectively. Funds are available within the operating budget for this expense.
Budget Amendment: Decrease Telephone Expense - .5489 Increase Telephone Allowance - .5194
60 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 Approve payment to Romco Equipment Co. for the Transportation Department related to vehicle maintenance supplies in which no purchase order was issued as required per County Purchasing Policy.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018 $1,377.48
LINE ITEM NUMBER 020-710-00.5413
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: NO AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO
REQUESTED BY SPONSOR CO-SPONSOR
Jerry Borcherding COBB N/A
SUMMARY The Transportation Department received vehicle parts and supplies prior to securing a purchase order as required per County Purchasing Policy. Funds are available within their operating budget to cover these expenses.
61 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 Approve renewal of RFP 2018-P03 County Wide Plumbing Services with SI Mechanical for one (1) additional year as stated in the original bid.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018 N/A
LINE ITEM NUMBER N/A
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Crumley/Cutler COBB N/A
SUMMARY All terms and conditions remain unchanged and in full force and effect as stated in the original bid. The Building Maintenance Department and Jail Division utilize this contract for plumbing services throughout the County as needed.
Attachment: SI Mechanical Renewal Letter
62 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 Approve renewal of RFP 2018-P01 County Wide Janitorial Services with Spotless Cleaning for one (1) additional year as stated in the original bid.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018 N/A
LINE ITEM NUMBER N/A
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Crumley/Cutler COBB N/A
SUMMARY All terms and conditions remain unchanged and in full force and effect as stated in the original bid. The Building Maintenance Department and Jail Division utilize this contract for janitorial services throughout the County as needed.
Attachment: Spotless Cleaning Renewal Letter
63 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 Approve the transfer of a 2006 Chevrolet Silverado 2500 from Hays County Recycling Department to Hays County Transportation Department.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018 N/A
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO
REQUESTED BY SPONSOR CO-SPONSOR
CRUMLEY COBB N/A
SUMMARY The following asset is being requested for transfer from the Driftwood Recycling Department inventory to be utilized by the Transportation Department.
2006 Chevrolet Silverado 2500, VIN: 1GCHC24216E239084 COUNTY ASSET ID 10728; COUNTY TAG 015385
64 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 Approve specifications for RFP 2019-P01 CDBG Management Services and authorize Purchasing to solicit for proposals and advertise.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Crumley SHELL N/A
SUMMARY The Cedar Oak Mesa Water Supply Corporation (COMWSC) would like to continue improvements to their aging water supply system and has asked Hays County to serve as sponsor for a grant application as it has done in the past. Per requirements from the Texas Department of Agriculture (TDA), Community Development Block Grant (CDBG) program, both grant management and engineering services must be procured prior to grant application development and submission in order to utilize the same consultants for grant implementation. This is designed to prevent real or perceived competitive solicitation conflicts resulting from “insider” information.
Per the attached RFP, Hays County is seeking to enter into a professional services contract with a competent management/consulting firm to assist in the overall management required by the County for the development of a grant application and – pending funding award - implementation of a Texas Community Development Block Grant Program, Community Development Fund project administered through the Texas Department of Agriculture for FY2019-2020. Upon selection of a consultant, clauses can be included in the subsequent contract for services that make payment contingent on grant award for the project. Matching funds will be provided by the COMWSC upon grant award to facilitate project implementation.
65
Hays County Auditor SOLICITATION, OFFER Purchasing Office AND AWARD 712 S. Stagecoach Trail, Suite 1071 San Marcos, Texas 78666
Solicitation No.: RFP 2019-P01 Date Issued: December 19, 2018 CDBG Management Services SOLICITATION
Respondents must submit proposals as listed: two (2) originals and one (1) digital copy on a thumb drive Proposals will be received at the Hays County Purchasing Office at the address shown above until: 2:00 p.m. local time January 3, 2019. Proposals received after the time and date set for submission will be returned unopened. Questions concerning this RFP must be For information please received in writing no later than 5:00 Phone No.: (512) 393-5532 email: [email protected] on December 27, 2018. OFFER (Must be fully completed by Respondent) In compliance with the above, the undersigned offers and agrees to furnish all items or services awarded at the prices stipulated for each item delivered at the designated point(s) and within the time specified herein. Award shall include all solicitation documents and attachments. MANUALLY SIGN ALL COPIES SUBMITTED. SIGNATURE IS MANDATORY. Respondent Respondent’s Authorized Representative Entity Name: Name: Mailing Address: Title: Email Address: Phone No.: Signature: Date:
Name, Email Address and Phone No. of person authorized to conduct negotiations on behalf of Respondent: NOTICE OF AWARD (To be completed by County) Funding Source: Awarded as to item(s): Contract Amount:
Vendor: Term of Contract:
This contract issued pursuant to award Date: Agenda Item: made by Commissioners Court on:
Important: Award ______notice may be made Hays County Judge Date on this form or by other Authorized ______official written notice. Hays County Clerk Date
66 Table of Contents
Solicitation, Offer and Award ...... 1
I. Summary ...... 3
II. Specifications ...... 4
A. Introduction ...... 4
B. Scope of Work ...... 4
C. Qualifications ...... 4
D. Proposed Cost of Services ...... 4
E. Submittal Requirements ...... 5
F. Evaluation Criteria ...... 5
G. Award of Contract ...... 6
H. Warranty of Performance ...... 6
III. General Terms and Conditions for Solicitations ...... 7
IV. Exhibit for Federally-Funded Contracts Subject to Appendix II (2 CFR 200)...... 16
V. Vendor Reference Form ...... 19
VI. Certificate of Interested Parties ...... 20
VII. Conflict of Interest Questionnaire ...... 21
VIII. Code of Ethics ...... 23
IX. HUB Practices ...... 24
X. House Bill 89 Verification ...... 26
XI. Senate Bill 252 Certification ...... 27
XII. Debarment & Licensing Certification ...... 28
XIII. Vendor/Bidder’s Affirmation ...... 29
XIV. RFP Submittal Checklist ...... 30
67 I. Summary
1. Type of Solicitation: Request for Proposals
2. Solicitation Number: RFP 2019-P01 CDBG Management Services
3. Issuing Office: Hays County Auditor Purchasing Office 712 S. Stagecoach Trial, Suite 1071 San Marcos, TX 78666
4. Responses to Solicitation: Sealed proposals marked with Solicitation Number and Respondent Name on the outermost envelope Two (2) originals and one (1) digital copy on a thumb drive
5. Deadline for Responses: In issuing office no later than: Thursday January 3, 2019; 2:00 p.m. Central Time (CT)
6. Initial Contract Term: January 2019 – January 2020
7. Optional Contract Terms: Renewals as needed until successful project completion
8. Designated Contact: Hays County Purchasing Email: [email protected]
9. Questions & Answers: Questions regarding this solicitation must be made in writing and submitted to the designated contact above no later than December 27, 2018; 5:00 p.m. CT. Telephone inquiries will not be accepted. Questions may be submitted by email to the address above. Answers to questions will be provided in the form of an addendum posted on CivicPlus.
10. Addenda Any interpretations, corrections or changes to this RFP and specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Hays County Purchasing Office. It is the Respondent’s responsibility to acknowledge receipt of all addenda with proposal submission.
11. Contact with County Staff: Upon issuance of this solicitation, employees and representatives of Hays County, other than the Purchasing Office staff identified as the Designated Contact above, will not discuss the contents of this solicitation with any Respondent or its representatives. Failure of a Respondent or any of its representatives to observe this restriction may result in disqualification of any related offer. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.
68 II. Specifications
A. Introduction
Hays County, Texas is seeking to enter into a professional services contract with a competent management/consulting firm to assist in the overall management required by the County for the development of a grant application and – pending funding award - implementation of a Texas Community Development Block Grant Program, Community Development Fund project administered through the Texas Department of Agriculture for FY2019-2020. The proposed project lies within the Cedar Oak Mesa Water Supply Corporation service area west of Wimberley in southwestern Hays County.
B. Scope of Work
The management consultant or firm to be hired is to provide contract-related management services to the County, including, but not limited to, the following areas: • Grant application development and submission • Financial management • Record-keeping requirements and report preparation • Environmental clearance procedures • Real property acquisition procedures under Uniform Act • Equal employment opportunity requirements • Labor standards monitoring • Contract close-out assistance Please specify actual tasks to be performed under each of these categories in your proposal.
C. Qualifications
Hays County is seeking to contract with a competent management consultant firm that has had experience in grants/contracts administration. Specifically, it is seeking those persons or firms with the following qualifications: • Experience in managing federally-funded local public works construction projects. • Experience with the federal Community Development Block Grant program, through either the HUD Small Cities or Texas Community Development Block Grant Program. • Certified Administrator of TxCDBG Program by the Texas Department of Agriculture (TDA) • Consultant/Firm is not debarred or suspended from the Excluded Parties List System (EPLS) in the System for Award Management (SAM).
Please provide within your proposal a list of past local government clients and types of projects implemented, as well as resumes for all employees who will or may be assigned to provide technical assistance to the County on this project should your firm be awarded this management services contract.
D. Proposed Cost of Services
Please include a proposed cost by Scope of Work category. Please note that Hays County will not use lowest/best bid as the sole basis for entering into this contract, but this will be evaluated in conjunction with the responses given to the sections above. NOTE: If the cost of proposed professional administration services will exceed $50,000, then profit (either % / actual cost) must be identified and negotiated as a separate element of the price of the contract. To comply, the bidder must disclose and certify in its proposal the percentage of profit being used.
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E. Submittal Requirements
Respondent must deliver the following to the Issuing Office by the specified deadline: • Two (2) original proposals with required forms manually signed by Respondent with original signatures • One (1) digital copy of the full proposal with all required forms on a thumb drive
All items must be in a sealed envelope marked with the Solicitation Number and Respondent Name on the outermost envelope.
LATE SUBMITTALS WILL NOT BE ACCEPTED.
Submittals may be withdrawn at any time prior to the official opening. After the official opening, submittals may not be amended, altered or withdrawn without the recommendation of the County Purchasing Office and the approval of Commissioners Court.
Submittals will be publicly opened at the Office of the Hays County Auditor upon the deadline for submittal. Respondents, their representatives and interested persons may be present.
It is understood that Hays County reserves the right to accept or reject any and all submittals as it shall deem to be in the best interest of Hays County.
ALTERING PROPOSALS: Any interlineations, alteration, or erasure made before receiving time must be initialed by the signer of the proposal, guaranteeing authenticity.
FORMS: Changes to forms herein, made by respondents, shall disqualify the respondent. Proposals cannot be altered or amended after submission deadline.
REFERENCES: Hays County requires respondent to supply a list of at least three (3) references (See Section V for Vendor Reference Form) where like services have been supplied by their company. Include name of company, address, telephone number and name of representative.
F. Evaluation Criteria
Proposals will be evaluated by Hays County staff. Proposals will be ranked according to the criteria outlined below.
Criteria Points Experience 40 Work Performance 30 Capacity to Perform 20 Proposed Cost 10 Total Maximum Points 100
It is the practice of Hays County to encourage local participation and to promote and encourage contracting and subcontracting opportunities for locally owned businesses and labor in all contracts.
The County of Hays does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. Hays County is an Affirmative Action/Equal
70 Opportunity Employer and strives to attain goals for Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), as amended. Section 3 Residents and Business Concerns, Minority Business Enterprises, Small Business Enterprises and Women Business Enterprises are encouraged to submit proposals.
G. Award of Contract
Upon review by the Evaluating Committee, recommendation will be made to the Hays County Commissioners Court to negotiate a contract with the highest scoring respondent.
The County reserves the right to accept in part or in whole any proposals submitted, and waive any technicalities for the best interest of the County.
Respondent agrees, if the proposal it accepted, to furnish any and all services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specifications, if any. The period for acceptance of the responses will be ninety (90) calendar days.
If the proposal is accepted and approved by Commissioners Court, this document shall be made part of the contract. No negotiations, decisions, or actions shall be initiated or executed by any vendor as a result of any discussions with any County employee. No oral agreements either expressed or implied will be considered in fulfilling this contract.
H. Warranty of Performance
The successful respondent expressly warrants that all services specified in the RFP will be performed with care and diligence and in accordance with all specifications of the RFP. The successful respondent agrees to correct any deficiencies in performance of services upon notification by the County and without additional expense to the County.
CONTINUING NON-PERFORMANCE of the respondent, in terms of specifications, shall be basis for the termination of the contract by the property owner. The property owner shall not pay for services that are unsatisfactory.
COMPLIANCE WITH LAWS: The successful Respondents shall comply with all applicable federal, state and local laws and regulations pertaining to the practice of the profession and the execution of the duties under the proposal. Any contract executed as a result of this RFP shall be governed by the laws of the State of Texas.
71 III. General Terms and Conditions for Solicitations Applicable To: Request for Proposals (RFP)
1. GENERAL DEFINITIONS: a. "Auditor" means the Hays County Auditor or his/her designee. b. "Commissioners Court" means Hays County Commissioners Court. c. “Contract” means the contract awarded pursuant to the RFP and negotiated cost proposal. d. “Contractor” means a person or firm receiving an award of contract from Commissioners Court. e. "County" means Hays County, Texas, a political subdivision of the State of Texas. f. "County Building" means any County owned buildings and does not include buildings leased by County. g. "Is doing business" and "has done business" mean: i. Paying or receiving in any calendar year any money or other valuable thing which is worth more than $250 in the aggregate in exchange for personal services or for purchase of any property or property interest, either real or personal, either legal or equitable; or ii. Loaning or receiving a loan of money; or goods or otherwise creating or having in existence any legal obligation or debt with a value of more than $250 in the aggregate in a calendar year; iii. But does not include any retail transaction for goods or services sold to a Key Contracting Person at a posted, published, or marked price available to the general public. h. "Key Contracting Person" means any person or business listed in Exhibit A to Affidavit. i. "Purchasing Manager" means the Hays County Purchasing Manager. j. “Sub-contractor” means a person or firm doing business with a Contractor.
2. FUNDING: Funds for payment on this Contract have been provided through the County budget approved by Commissioners Court for this fiscal year only. State of Texas statutes prohibit the obligations and expenditure of public funds beyond the fiscal year for which a budget has been approved. However, the cost of items or services covered by this Contract is considered a recurring requirement and is included as a standard and routine expense of Hays County to be included in each proposed budget within the foreseeable future. County Commissioners expect this to be an integral part of future budgets to be approved during the period of this Contract except for unanticipated needs or events which may prevent such payments against this Contract. However, County cannot guarantee the availability of funds, and enters into this Contract only to the extent such funds are made available. The Fiscal Year for County extends from October 1st of each calendar year to September 30th of the next calendar year.
3. FUNDING OUT: Despite anything to the contrary in this Contract, if, during budget planning and adoption, Commissioners Court fails to provide funding for this Contract for the following fiscal year of County, County may terminate this Contract after giving Contractor thirty (30) calendar days written notice that this Contract is terminated due to the failure to fund it.
4. INVOICING/PAYMENTS: a. Contractor shall provide County with an Internal Revenue Form W-9, Request for Taxpayer Identification Number and Certification, that is completed in compliance with the Internal Revenue Code and its rules and regulations before any Contract funds are payable. b. As a minimum, invoices shall include: (i) name, address, and telephone number of Contractor and similar information in the event payment is to be made to a different address; (ii) County Contract or Purchase Order number; (iii) identification of products or services as outlined in this Contract; (iv) quantity or quantities, applicable unit prices, total prices, and total amount; and (v) any additional payment information called for by this Contract. County will not pay invoices that are in excess of the amount authorized by the purchase order. c. Payment shall be made by check or warrant by County upon satisfactory delivery and acceptance of products and services and submission of an invoice to the address below: County Auditor 712 S Stagecoach Trail, Suite 1071
72 San Marcos, Texas 78666 d. Payment shall be deemed to have been made on the date of mailing of the check or warrant. For purposes of payment discounts, time will begin upon satisfactory delivery of products and services and/or submission of acceptable invoice, whichever is last. Partial payments will not be made unless specifically requested and approved by County prior to Contract award. e. Accrual and payment of interest on overdue payments shall be governed by Tex. Gov't Code Ann., ch. 2251.
5. COUNTY TAXES: If the Contractor subsequently becomes delinquent in the payment of County taxes, it will be grounds for cancellation of the contract. Despite anything to the contrary, if the contractor is delinquent in payment of County property taxes at the time of invoicing, Contractor assigns any payments to be made for performance under this contract to the County Tax Assessor-Collector for the payment of delinquent taxes.
6. PROMPT PAYMENT ACT: TEX. GOV'T CODE ANN., ch 2251 (Vernon Supp. 1995) requires that payments be made within 30 calendar days. If County fails to pay within 30 days, interest on overdue amounts is subject to Chapter 2251, Texas Government Code. The law does not apply if the terms of a federal grant, contract, regulation, or statute prevent local governments from making timely payments with federal funds. Contractors and subcontractors must pay their suppliers interest if the supplier is not paid within 10 calendar days after the contractor or subcontractor receives payment. Contractors must apply for interest payments within 6 months of submitting a proper invoice if they believe such interest was due but not paid. Interest begins accruing 30 days after either of the following, whichever is later; (i) satisfactory delivery or performance has been completed, or, (ii) a correct invoice is received at the designated place.
7. FOB POINT: Delivery of all products under this contract, if any, shall be made Free on Board to final destination, at the address shown in this contract or as indicated on each Purchase Order placed against this contract. The title and risk of loss of the goods shall not pass to County until acceptance takes place at the F.O.B. point.
8. INSPECTION AND ACCEPTANCE: The County office or department receiving items pursuant to this contract shall inspect and accept only those items that are satisfactory to them, and reject those items which are damaged or which do not conform to specifications. Contractor shall be responsible for the proper labeling, packing, and delivery to final destination, including replacement of rejected deliveries.
9. VARIATION IN QUANTITY: No variation in the quantity of any item called for by this contract will be accepted unless such variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified elsewhere in this contract.
10. OFFICIALS NOT TO BENEFIT: If a member of Commissioners Court belongs to a cooperative association, the County may purchase equipment or supplies from the association only if no member of the Commissioners Court will receive a pecuniary benefit from the purchase, other than as reflected in an increase in dividends distributed generally to members of the association.
11. NONDISCRIMINATION; CIVIL RIGHTS/ADA COMPLIANCE: a. Contractor shall not engage in employment practices that have the effect of discriminating against employees or prospective employees because of age, race, color, sex, creed, national origin or handicapped condition. b. Contractor shall provide all services and activities required in a manner that would comply with the Civil Rights Act of 1964, as amended, the Rehabilitation Act of 1973, Public Law 93-1122, Section 504, and with the provisions of the Americans with Disabilities Act of 1990, Public Law 101-336 [S.933] if Contractor were an entity bound to comply with these laws.
73 12. CHANGES: a. This Contract may be amended only by written instrument signed by both County and Contractor. It is acknowledged by Contractor that NO OFFICIAL, EMPLOYEE, AGENT OR REPRESENTATIVE OF COUNTY HAS ANY AUTHORITY, EITHER EXPRESS OR IMPLIED, TO CHANGE THE SCOPE OF THIS CONTRACT OR OTHERWISE AMEND THIS CONTRACT, OR ANY ATTACHMENTS HERETO, UNLESS EXPRESSLY GRANTED THAT AUTHORITY BY THE COMMISSIONERS COURT. b. Contractor shall submit all requests for changes to this Contract or any attachment(s) to it to the Purchasing Manager. The Purchasing Manager shall present Contractor's requests to Commissioners Court for consideration. 13. REPRESENTATIONS: a. Contractor represents that he has thoroughly examined the drawings, specifications, schedule, instructions and all other contract documents. Contractor has made all investigations necessary to be thoroughly informed regarding plant and facilities for delivery of material, equipment and/or services as required by the proposal conditions. b. The Contractor's delivery time includes weekends and holidays. c. Contractor certifies that he is a qualified, bondable business entity that he is not in receivership or contemplates it, and has not filed for bankruptcy. He further certifies that the Company, Corporation, Partnership, or Sole Proprietorship is not delinquent with respect to payment of County property taxes. d. Contractor warrants that all applicable patents and copyrights which may exist on items that will be supplied under the contract have been adhered to and further warrants that County shall not be liable for any infringement of those rights. Warranties granted County shall apply for the duration of this contract or for the life of equipment or supplies purchased, whichever is longer. County must not extend use of the granted exclusive rights to any other than County employees or those with whom County has established a relationship aimed at furthering the public interest, and then only for official public uses. County will not knowingly or intentionally violate any applicable patent, license, or copyright. Contractor must indemnify County, its officers, agents, and employees against all claims, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees arising in connection with any alleged or actual infringement of existing patents, licenses or copyrights applicable to items sold. e. The Contractor warrants that upon execution of a contract with the County, he will not engage in employment practices which have the effect of discriminating against employees or prospective employees because of age, religion, race, color, sex, creed, handicap, or national origin and will submit reports as the County may require to assure compliance. f. Contractor warrants to County that all items delivered and all services rendered will conform to the specifications, drawings, or other descriptions furnished or incorporated by reference, and will be of merchantable quality, good workmanship, and free from defects. Contractor further agrees to provide copies of applicable warranties or guarantees to the Purchasing Manager. Copies will be provided within 10 days after the Notice of Award is issued. Return of merchandise under warranty shall be at Contractor's expense.
14. SUBCONTRACTS: a. Contractor shall not enter into any subcontracts for any service or activity relating to the performance of this Contract without the prior written approval or the prior written waiver of this right of approval from County. IT IS ACKNOWLEDGED BY CONTRACTOR THAT NO OFFICER, AGENT, EMPLOYEE OR REPRESENTATIVE OF COUNTY HAS THE AUTHORITY TO GRANT SUCH APPROVAL OR WAIVER UNLESS EXPRESSLY GRANTED THAT SPECIFIC AUTHORITY BY THE COMMISSIONERS COURT. b. If a subcontract is approved, Contractor must make a "good faith" effort to take all necessary and reasonable steps to insure HUBs maximum opportunity to be subcontractors under this Contract. Contractor must obtain County approval of all proposed HUB subcontractors through the Purchasing Manager. Failure by Contractor to make a good faith effort to employ HUBs as subcontractors constitutes a breach of this Contract and may result in termination of this Contract.
74 15. ASSIGNMENT: a. The parties to this Contract shall not assign any of the rights or obligation hereunder without the prior written consent of the other party. No official, employee, representative or agent of County has the authority to approve any assignment under this Contract unless that specific authority is expressly granted by Commissioners Court. b. The terms, provisions, covenants, obligations and conditions of this Contract are binding upon and inure to the benefit of the successors in interest and the assigns of the parties to this Contract if the assignment or transfer is made in compliance with the provisions of this Contract. c. Contractor remains responsible for the performance of this Contract when there is a change of name or change of ownership. If a change of name is required, the Purchasing Manager shall be notified immediately. No change in the obligation of or to Contractor will be recognized until it is approved by Commissioners Court.
16. DISPUTES AND APPEALS: The Purchasing Manager acts as the County representative in the issuance and administration of this contract in relation to disputes. Any document, notice, or correspondence not issued by or to the Purchasing Manager or other authorized County person, in relation to disputes is void unless otherwise stated in this contract. If the Contractor does not agree with any document, notice, or correspondence issued by the Purchasing Manager, or other authorized County person, the Contractor must submit a written notice to the Purchasing Manager within ten (10) calendar days after receipt of the document, notice, or correspondence, outlining the exact point of disagreement in detail. If the matter is not resolved to the Contractor’s satisfaction, Contractor may submit a written Notice of Appeal to the Commissioners Court, through the Purchasing Manager, if the Notice is submitted within ten (10) calendar days after receipt of the unsatisfactory reply. Contractor then has the right to be heard by Commissioners Court.
17. MEDIATION: When mediation is acceptable to both parties in resolving a dispute arising under this Agreement, the parties agree to use a mutually agreed upon mediator, or a person appointed by a court of competent jurisdiction, for mediation as described in Section 154.023 of the Texas Civil Practice and Remedies Code. Unless both parties are satisfied with the result of the mediation, the mediation will not constitute a final and binding resolution of the dispute. All communications within the scope of the mediation shall remain confidential as described in §154.073 of the Texas Civil Practice and Remedies Code, unless both parties agree, in writing, to waive the confidentiality.
18. FORCE MAJEURE: If the performance by either party of any of its obligations under this Contract is interrupted or delayed due to an act of God or the common enemy or as the result of war, riot, civil commotion, sovereign conduct, or the act or conduct of any person or persons not a party to this Contract, then it shall be excused from performance for such period of time as is reasonably necessary to remedy the effects thereof.
19. NON-WAIVER OF DEFAULT: a. No payment, act or omission by County may constitute or be construed as a waiver of any breach or default of Contractor which then exists or may subsequently exist. No official, agent, employee or representative of County may waive any breach of any term or condition of this Contract unless expressly granted that specific authority by the Commissioners Court. b. All rights of County under this Contract are specifically reserved and any payment, act or omission shall not impair or prejudice any remedy or fight to County under it. Any right or remedy in this Contract shall not preclude the exercise of any other right or remedy under this Contract or under any law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies.
20. TERMINATION FOR DEFAULT: Failure by either County or Contractor to perform any provisions of this Contract shall constitute a breach of contract. Either party may require corrective action within ten (10) calendar days after date of receipt of written notice citing the exact nature of the other's breach. Failure to take corrective action or failure to provide a satisfactory written reply excusing such failure within the ten (10) calendar days
75 shall constitute a default. The defaulting party shall be given a twenty (20) calendar day period within which to show cause why this Contract shall not be terminated for default. All notices for corrective action, breach, default or show cause on behalf of County shall be issued by the Purchasing Manager or County legal representative only, and all replies to the same shall be made in writing to the County Purchasing Manager or County legal representative at the address provided herein. Notices issued by or to anyone other than the Purchasing Manager or County legal representative shall be null and void, and shall be considered as not having been issued or received. County reserves the right to enforce the performance of this Contract in any manner prescribed by law in case of default and may contract with another party with or without competition or further notification to the contractor. At a minimum, Contractor shall be required to pay any difference in the cost of securing the services covered by this Contract, or compensate for any loss or damage to the County derived hereunder if it becomes necessary to contract with another source because of a default, plus reasonable administrative costs and attorney's fees. In the event of termination for default, County, its agents or representatives, shall not be liable for loss of any profits anticipated under this Contract.
21. TERMINATION FOR CONVENIENCE: County reserves the right to terminate this Contract upon thirty (30) days written notice for any reason deemed by the Commissioners Court to serve the public interest, or resulting from any governmental law, ordinance, regulation, or court order. Termination for convenience shall not be exercised with the sole intention of awarding the same or similar contract requirements to another source. In the event of such termination, County shall pay Contractor those costs directly attributable to work done in preparation for compliance with this Contract prior to termination; provided, however, that no costs shall be paid which are recoverable in the normal course of the business in which Contractor is engaged, nor shall County pay any costs which can be mitigated through the sale of supplies or inventories. If County pays for the cost of supplies or materials obtained for use under this Contract those supplies or materials shall become the property of County and shall be delivered to the FOB point shown in this Contract, or as designated by the Purchasing Manager. County shall not be liable for loss of any profits anticipated under this Contract.
22. GRATUITIES: Contractor shall not provide any gratuity in any form, including entertainment, gifts, or otherwise, to any employee, buyer, agent, or representative of County with a view to securing a contract, or securing favorable treatment with respect to the award or amendment, or the making of any determination with respect to the performance of this Contract. County may terminate this Contract if it is found that gratuities of any kind including entertainment, or gifts were offered or given by the Contractor or any agent or representative of the Contractor, to any County Official or employee with a view toward securing favorable treatment with respect of this contract. If this Contract is terminated by the County pursuant to this provision, County shall be entitled, in addition to any other rights and remedies, to recover from the Contractor at least three times the cost incurred by Contractor in providing the gratuities.
23. COVENANT AGAINST CONTINGENT FEES: Contractor represents and warrants that no persons or selling agency has been retained to solicit this Contract upon an understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial selling agencies maintained by the Contractor to secure business. For breach or violation of this warranty, County shall have the right to terminate this Contract without liability, or in its discretion to, as applicable, add to or deduct from the Contract price for consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
24. COUNTY ACCESS: Contractor shall maintain and make available for inspection, audit or reproduction by any authorized representative of County all books, documents, and other evidence pertinent to the costs and expenses of this Contract, including but not limited to both direct and indirect costs, cost of labor, material, equipment, supplies, and services, and all other costs and expenses of whatever nature for which reimbursement is claimed under this Contract. All required records shall be maintained until an audit is completed and all required questions arising therefrom are resolved, or three (3) years after completion of the contract term, whichever occurs first; provided, however, the records will be retained beyond the third year if an audit is in progress or the finding of a completed audit have not been resolved satisfactorily.
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25. FORFEITURE OF CONTRACT: a. The selected Offeror must forfeit all benefits of the contract and County must retain all performance by the selected Offeror Contractor and recover all consideration or the value of all consideration paid to the selected Offeror pursuant to the contract if: b. The selected Offeror was doing business at the time of submitting its proposal offer or had done business during the 365- day period immediately prior to the date on which its proposal offer was due with one or more Key Contracting Persons if the selected Offeror failed to disclose the name of any such Key Contracting Person in its offer; or c. The selected Offeror does business with a Key Contracting Person after the date on which the offer that resulted in the contract is submitted and prior to full performance of the contract.
26. CONTRACTOR CLAIMS NOTIFICATION: a. If any claim, or other action, that relates to Contractor’s performance under this Contract, including proceedings before an administrative agency, is made or brought by any person, firm, corporation, or other entity against Contractor, Contractor shall give written notice to County of the following information within ten (10) working days after being notified of it: i. The existence of the claim, or other action; ii. The name and address of the person, firm, corporation or their entity that made a claim or that instituted any type of action or proceeding; iii. The alleged basis of the claim, action or proceeding; iv. The court or administrative tribunal, if any, where the claim, action or proceeding was instituted; and v. The name or names of any person against whom this claim is being made. b. Except as otherwise directed, Contractor shall furnish to County copies of all pertinent papers received by Contractor with respect to making these claims or actions and all court pleadings related to the defense of these claims or actions.
27. CERTIFICATION OF ELIGIBILITY: This provision applies if the anticipated Contract exceeds $100,000. By submitting a bid or proposal in response to this solicitation, the bidder/respondent certifies that at the time of submission, he/she is not on the Federal Government’s Excluded Parties List System (www.epls.gov), which details a listing of suspended, ineligible, or debarred contractors. In the event of placement on the list between the time of bid/proposal submission and time of award, the bidder/respondent will notify the Hays County Purchasing Manager. Failure to do so may result in terminating this Contract for default.
28. CONTRACTOR LIABILITY, INDEMNIFICATION AND CLAIMS NOTIFICATION: Contractor shall indemnify County, its officers, agents, and employees, from and against any and all third party claims, losses, damages, causes of action, suits, and liability of every kind whether meritorious or not and, including all expenses of litigation, court costs, and reasonable attorney's fees, arising in connection with the services provided by Contractor under this Contract. It is the expressed intention of the Parties to this Contract, both Contractor and County, that the indemnity provided for in this paragraph is indemnity by Contractor to indemnify and protect County from the consequences of Contractor's actions.
29. CONSTRUCTION OF CONTRACT: a. This Contract is governed by the laws of the United States of America and the State of Texas and all obligations under this Contract are performable in Hays County, Texas. Venue for any dispute arising out of this Contract will lie in the appropriate court of Hays County, Texas. b. If any portion of this Contract is ruled invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, the remainder of it shall remain valid and binding. c. Headings and titles at the beginning of the various provisions of this Contract have been included only to make it easier to locate the subject matter covered by that part, section or subsection and are not to be used in construing this Contract.
77 d. When any period of time is stated in this Contract, the time shall be computed to exclude the first day and include the last day of period. If the last day of any period falls on a Saturday, Sunday, or a day that Hays County has declared a holiday for its employees, these days shall be omitted from the computation. All hours in this Contract are stated in Central Standard Time from 2:00 o'clock a.m. on the first Sunday of November until 2:00 o'clock a.m. on the second Sunday of March and in Central Daylight Saving Time from 2:00 o' clock a.m. on the second Sunday of March until 2:00 o'clock a.m. on the first Sunday of November or such other dates as may be adopted for the activation of Daylight Savings Time in the United States in future years. e. Words of any gender in this Contract shall be construed to include any other gender and words in either number shall be construed to include the other unless the context clearly requires otherwise. f. Provisions, Words, Phrases, and Statutes, whether incorporated by actual use or by reference, shall be applied to this Contract in accordance with Texas Government Code, §§ 312.002 and 312.003.
30. ADDITIONAL GENERAL PROVISIONS: a. Contractor must comply with all Federal and State laws and regulations, City and County ordinances, orders, and regulations, relating in any way to this Contract. b. Contractor must secure all permits and licenses, pay all charges and fees, and give all notices necessary for lawful operations. c. Contractor must pay all taxes and license fees imposed by the Federal and the State Governments and their agencies and political subdivisions upon the property and business of Contractor. d. Despite anything to the contrary in this Contract, if the Contractor is delinquent in payment of property taxes at the time of providing services, Contractor assigns the amount of any payment to be made for services provided under this Contract equal to the amount Contractor is delinquent in property tax payments to the Hays County Tax Assessor-Collector for the payment of the delinquent taxes. e. In this subsection, "County Building" means any County-owned buildings and does not include buildings leased by County. Contractor must not execute any mortgage, or issue any bonds, shares of stock, or other evidence of interest in County Buildings.
31. INTERPRETATION OF CONTRACT: a. This document contains the entire agreement between the parties relating to the rights granted and the obligations assumed. Any prior agreements or representations not expressly set forth in this agreement are of no force. Any oral representations or modifications concerning this agreement shall be of no force except a subsequent modification in writing signed by the Purchasing Manager. No official, representative, employee, or agent of the County has any authority to modify or amend this contract except pursuant to specific authority to do so granted by the Commissioners Court. b. If inconsistency exists between provisions of this solicitation, the inconsistency shall be resolved by giving precedence in the following ascending order of precedence: i. The Schedule of Items/Services ii. Terms and Conditions of Request for Proposals; iii. General Provisions; iv. Other provisions, whether incorporated by reference or otherwise; and v. The specifications. c. If any contract provision shall for any reason be held invalid, illegal, or unenforceable in any respect, invalidity, illegality, or unenforceability shall not affect any other provision, and this contract shall be construed as if invalid, illegal or unenforceable provision had never been contained. d. This contract shall be governed by the laws of Texas and all obligations are performable in Hays County, Texas. e. If a word is used with reference to a particular trade or subject matter or is used as a word of art, the word shall have the meaning given by experts in that particular field. f. Words in the present or past tense include the future tense. The singular includes the plural and the plural includes the singular. The masculine gender includes the feminine and neuter genders.
78 g. The headings in this contract have been included only to make it easier to locate the subject covered by each provision and are not to be used in construing this contract. h. Provisions, words, phrases, and statutes, whether incorporated by actual use or by reference, shall be applied to this contract in accordance with TEX. GOV'T CODE ANN., SEC 312.002, 312.003 (Vernon 1991).
32. MODIFICATIONS: a. The County Purchasing Manager may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one of the following: i. Drawings, designs or specifications when the supplies to be furnished are to be specifically manufactured for the County in accordance with the drawings, designs, or specifications. ii. Method of shipment or packing. iii. Place of deliveries. iv. Correction of errors of a general administrative nature or other mistakes, the correction of which does not affect the scope of the contract, or does not result in expense to the Contractor. v. Description of items to be provided. vi. Time of performance (i.e. hours of day, days of week, etc) b. If any such change causes an increase or decrease in the cost of, or time required for, performance of any part of the work under this contract whether, or not changed by the order, the Commissioners Court shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract. The Contractor must submit any "proposal for adjustment" under this clause within thirty (30) calendar days from the date of receipt of the written order. However, if the County Purchasing Manager decides that the facts justify it, the County Purchasing Manager may receive and act upon a proposal submitted before final payment of the contract. If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the County shall have the right to prescribe the manner of disposition of the property. Failure to agree to any adjustment shall be a dispute under the Disputes and Appeals clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.
33. PRICE CHANGES: The prices offered shall remain firm for the period of the contract. The prices offered shall also remain firm for the option years should the County choose to exercise the option to renew, except for changes that are industry wide and beyond the control of the contractor. If such changes do occur, it will be the responsibility of the contractor to provide documentation to Hays County substantiating the changes to the bid prices. Any price changes must be approved by Hays County.
34. INSURANCE AND LIABILITY: During the period of this contract, contractor shall maintain at his expense, insurance with limits not less than those prescribed below. With respect to required insurance, Contractor shall; a. Name County as additional insured as its interests may appear. b. Provide County a waiver of subrogation. c. Provide County with a thirty (30) calendar day advance written notice of cancellation or material change to said insurance. d. Provide the County Purchasing Manager at the address shown on Page 1 of this contract, a Certificate of Insurance evidencing required coverage within ten (10) calendar days after receipt of Notice of Award. Also, please assure your certificate contains the contract number as indicated on the Contract Award form when issued by Hays County. e. Submit an original certificate of insurance reflecting coverage as follows:
Automobile Liability: Bodily Injury (Each person) $1,000,000.00 Bodily Injury (Each accident) $1,000,000.00 Property Damage $1,000,000.00
Commercial General Liability (Including Contractual Liability):
79 General Aggregate $2,000,000.00 Product completed operations aggregate $2,000,000.00 Bodily Injury (Each accident) $2,000,000.00 Property Damage $2,000,000.00
Employers Liability: Each accident $1,000,000.00 Each employee for disease $1,000,000.00 Policy limit for disease $1,000,000.00
Excess Liability: Umbrella Form Not Required
Labor Liability: Worker's Compensation Meeting Statutory Requirements
80 IV. Exhibit for Federally-Funded Contracts Subject to Appendix II (2 CFR 200)
TERMINATION FOR CAUSE: Failure by either County or Contractor to perform any provisions of this Contract shall constitute a breach of contract. Either party may require corrective action within ten (10) calendar days after date of receipt of written notice citing the exact nature of the other's breach. Failure to take corrective action or failure to provide a satisfactory written reply excusing such failure within the ten (10) calendar days shall constitute a default. The defaulting party shall be given a twenty (20) calendar day period within which to show cause why this Contract shall not be terminated for default. All notices for corrective action, breach, default or show cause on behalf of County shall be issued by the Purchasing Manager or County legal representative only, and all replies to the same shall be made in writing to the County Purchasing Manager or County legal representative at the address provided herein. Notices issued by or to anyone other than the Purchasing Manager or County legal representative shall be null and void, and shall be considered as not having been issued or received. County reserves the right to enforce the performance of this Contract in any manner prescribed by law in case of default and may contract with another party with or without competition or further notification to the contractor. At a minimum, Contractor shall be required to pay any difference in the cost of securing the services covered by this Contract, or compensate for any loss or damage to the County derived hereunder if it becomes necessary to contract with another source because of a default, plus reasonable administrative costs and attorney's fees. In the event of termination for default, County, its agents or representatives, shall not be liable for loss of any profits anticipated under this Contract.
TERMINATION FOR CONVENIENCE: County reserves the right to terminate this Contract upon thirty (30) days written notice for any reason deemed by the Commissioners Court to serve the public interest, or resulting from any governmental law, ordinance, regulation, or court order. Termination for convenience shall not be exercised with the sole intention of awarding the same or similar contract requirements to another source. In the event of such termination, County shall pay Contractor those costs directly attributable to work done in preparation for compliance with this Contract prior to termination; provided, however, that no costs shall be paid which are recoverable in the normal course of the business in which Contractor is engaged, nor shall County pay any costs which can be mitigated through the sale of supplies or inventories. If County pays for the cost of supplies or materials obtained for use under this Contract those supplies or materials shall become the property of County and shall be delivered to the FOB point shown in this Contract, or as designated by the Purchasing Manager. County shall not be liable for loss of any profits anticipated under this Contract.
DAVIS-BACON ACT – PREVAILING WAGE RATES: All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949, in the construction of development of the project) will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3) the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determinations of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b) (2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5 (a) (1) (iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the regular weekly period, Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5 (a) (4). Laborers or mechanics may perform work in more than one classification for the time actually worked therein, provided that Contractor’s
81 payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5 (a)(1)(11) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these provisions.
CONTRACT WORK HOURS AND SAFETY STANDARDS: If, in the course of fulfilling the terms of this Agreement, Contractor employs mechanics or laborers to perform work, Contractor recognizes that it must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Contractor shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible, provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Contractor further recognizes that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
CLEAN AIR – CLEAN WATER: The Contractor under this contract/subcontract agrees as follows: a. To comply with all the requirements of section 114 of the Clean Air Act as amended (42 U.S.C. 1857, et seq., as amended by Public Law 91-604) and section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq., as amended by Public Law 92-500), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the signing of this contract by the Contracting Local Organization. b. That no portion of the work required by this contract will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was signed by the Contracting Local Organization unless and until the EPA eliminates the name of such facility or facilities from such listing. c. To use their best efforts to comply with clean air standards and clean water standards at the facilities in which the contract is being performed. d. To insert the substance of the provisions of this article in any nonexempt subcontract, including this subparagraph.
DEBARMENT: Contractor certifies, to the best of its knowledge and belief, that it and its principals - a. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default.
Contractor understands and agrees that, if it is unable to certify any of the above terms, or provide an acceptable explanation related to its inability to make such certification, that the County shall have cause to terminate this Agreement for cause. Contractor agrees to require compliance with the terms of this Section, and certification thereof, in any subcontract for performance of work under this Agreement.
82 BYRD ANTI-LOBBYING CERTIFICATION: Contractor certifies, to the best of its knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure From to Report Lobbying”, in accordance with its instructions. c. Contractor shall require that the language of this certification be included in the award documents for all subcontractors at all tiers and that all subcontractors shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
PROCUREMENT OF RECOVERED MATERIALS: The County seeks to comply with Section 6002 of the Solid Waste Disposal Act including “procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.” Contractor agrees to ensure the County’s compliance with the above-stated Section 6002, if and when applicable to this Agreement. For the purposes of this Section, “Recovered Materials” means waste materials and byproducts which have been recovered or diverted from solid waste, but such term does not include those materials and byproducts generated from, and commonly reused within, an original manufacturing process.
83 V. Vendor Reference Form
Please list three (3) references of current customers who can verify the quality of service your company provides. The County prefers customers of similar size and scope of work to this proposal/bid. This form must be returned with your bid/proposal.
REFERENCE ONE
Company Name: ______
Address: ______
Contact Person and Title: ______
Phone Number: ______
Scope & Duration of Contract: ______
REFERENCE TWO
Company Name: ______
Address: ______
Contact Person and Title: ______
Phone Number: ______
Scope & Duration of Contract: ______
REFERENCE THREE
Company Name: ______
Address: ______
Contact Person and Title: ______
Phone Number: ______
Scope & Duration of Contract: ______
84 VI. Certificate of Interested Parties
In 2015, the Texas Legislature adopted House Bill 1295, which added 2252.908 to the Texas Government Code and applies to all contracts entered into on or after January 1, 2016. Section 2252.908 (b)(1)(2) applies only to a contract of a governmental entity or state agency that requires an action or vote by the governing body of the entity or agency before the contract may be signed or that has a value of at least $1 million. In addition, pursuant to Section 2252.908 (d), a governmental entity or state agency may not enter into a contract described by Subsection (b) with a business entity unless the business entity, in accordance with this section and rules adopted under this section, submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency.
With regard to Hays County purchases, a vendor or other person who is awarded a contract or purchase approved by Hays County Commissioners Court is required to electronically complete a Form 1295 through the Texas Ethics Commission website at https://ethics.state.tx.us/whatsnew/elf_info_form1295.htm and submit a signed copy of the form to the Hays County Purchasing office. A contract, including County issued purchase order (if applicable), will not be enforceable or legally binding until the County received and acknowledges receipt of the properly completed Form 1295 from the awarded vendor.
Failure to return this document may disqualify your response from consideration.
If you do not have access to the link provided above please or have any questions please contact Purchasing at 512-393- 5532.
85 VII. Conflict of Interest Questionnaire
86
87 VIII. CODE OF ETHICS FOR HAYS COUNTY Public employment is a public trust. It is the policy of Hays County to promote and balance the objective of protecting government integrity and the objective of facilitating the recruitment and retention of personnel needed by Hays County. Such a policy implemented by prescribing essential standards of ethical conduct without creating unnecessary obstacles to entering public services. Public servants must discharge their duties impartially so as to assure fair competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the Hays County procurement organization. To achieve the purpose of this article, it is essential that those doing business with Hays County also observe the ethical standards prescribed here. It shall be a breach of ethics to attempt to influence any public employee, elected official or department head to breach the standards of ethical conduct set forth in this code. It shall be a breach of ethics for any employee of Hays County or a vendor doing business with the county to participate directly or indirectly in a procurement when the employee or vendor knows that: The employee or any member of the employee’s immediate family, or household has a substantial financial interest pertaining to the procurement. This means ownership of 10% or more of the company involved and/or ownership of stock or other interest or such valued at $2500.00 or more. A business or organization in which the employee, or any member of the employee’s immediate family, has a financial interest pertaining to the procurement. Gratuities: It shall be a breach of ethics to offer, give or agree to give any employee of Hays County or for any employee to solicit, demand, accept or agree to accept from a vendor, a gratuity of consequence or any offer of employment in connection with any decision approval, disapproval, recommendation, preparation or any part of a program requirement or purchase request influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or controversy, any particular matter pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore pending before this government. Kickbacks: It shall be a breach of ethics for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor for any contract for Hays County as an inducement for the award of a contract or order. Contract Clause: The prohibition against gratuities and kickbacks prescribed above shall be conspicuously set forth in every contract and solicitation therefore. Any effort to influence any employee, elected official, or department head to violate the standards of the code is grounds to void the contract. Please certify, by your signature below, that you understand the ethics policy of Hays County and in no way will attempt to violate the code.
SIGNATURE: ______
PRINT NAME & TITLE: ______
COMPANY NAME: ______
88 IX. Hays County Practices Related to Historically Underutilized Businesses 1. STATEMENT OF PRACTICES Hays County will strive to ensure that all businesses, regardless of size, economic, social or ethnic status have an equal opportunity to participate in the County’s procurement processes. The County is committed to promote full and equal business opportunity for all businesses to supply the goods and services needed to support the mission and operations of county government, and seeks to encourage the use of certified historically underutilized businesses (HUB’s) through the use of race, ethnic and gender neutral means. It is the practice of Hays County to involve certified HUBs to the greatest extent feasible in the County’s procurement of goods, equipment, services and construction projects while maintaining competition and quality of work standards. The County affirms the good faith efforts who recognize and practice similar business standards. 2. DEFINITIONS Historically underutilized businesses (HUBs), also known as a disadvantaged business enterprise (DBE), are generally business enterprises at least 51% of which is owned and the management and daily business operations are controlled by one or more persons who is/are socially and economically disadvantaged because of his/her identification as a member of certain groups, including women, Black Americans, Mexican Americans, and other Americans if Hispanic origin, Asian Americans and American Indians. Businesses include firms, corporations, sole proprietorships, vendors, suppliers, contractors, subcontractors, professionals and other similar references when referring to a business that provides goods and/or services regardless of the commodity category. Certified HUB’s include business enterprises that meet the definition of a HUB and who meet the certification requirements of certification agencies recognized by Hays County, as expressed below. Statutory bid limit refers to the Texas Local Government Code provision that requires competitive bidding for many items valued at greater than $50,000. 3. GUIDELINES a. Hays County, its contractors, their subcontractors and suppliers, as well as all vendors of goods, equipment and services, shall not discriminate on the basis of race, color, creed, gender, age, religion, national origin, citizenship, mental or physical disability, veteran’s status or political affiliation in the award and/or performance of contracts. All entities doing business or anticipating doing business with the County shall support, encourage and implement affirmative steps toward a common goal of establishing equal opportunity for all citizens and businesses of the County. b. Vendors and/or contractors desiring to participate in the HUB program must successfully complete the certification process with the State of Texas or Texas Unified Certification Program. The vendor or contractor is also required to hold a current valid certification (title) from either of these entities. c. Vendors and/or contractors must be registered with the State Comptroller’s web-based HUB directory and with the Comptroller’s Centralized Master Bidder’s List (CMBL). Hays County will solicit bids from certified HUB’s for state purchasing and public works contracts.
89 4. Hays County will actively seek and encourage HUBs to participate in all facets of the procurement process by: a. Continuing to increase and monitor a database of certified HUB vendors, professionals and contractors. The database will be expanded to include products, areas of expertise and capabilities of each HUB firm. b. Continuing to seek new communication links with HUB vendors, professionals and contractors to involve them in the procurement process. c. Continuing to advertise bids on the County’s website and in the newspapers including newspapers that target socially and economically disadvantaged communities. 5. As prescribed by law, the purchase of one or more items costing in excess of the statutory bid limit must comply with the competitive bid process. Where possible, those bids will be structured to include and encourage the participation of HUB firms in the procurement process by: a. Division of proposed requisitions into reasonable lots in keeping with industry standards and competitive bid requirements. b. Where feasible, assessment of bond and insurance requirements and the designing of such requirements to reasonably permit more than one business to perform the work. c. Specifications of reasonable, realistic delivery schedules consistent with the County’s actual requirements. d. Specifications, terms and conditions reflecting the County’s actual requirements are clearly stated, and do not impose unreasonable or unnecessary contract requirements. 6. A HUB practice statement shall be included in all specifications. The County will consider the bidder’s responsiveness to the HUB Practices in the evaluation of bids and proposals. Failure to demonstrate a good faith effort to comply with the County’s HUB practices may result in a bid or proposal being considered non-responsive to specifications. 7. Nothing in this practice statement shall be construed to require the County to award a contract other than to the lowest responsive bidder as required by law. This practice is narrowly tailored in accordance with applicable law.
Please sign for acknowledgement of the Hays County HUB Practices:
______Signature Date
90 X. Hays County House Bill 89 Verification
I, ______(Person name), the undersigned representative of ______(Company or Business name, hereafter referred to as Company) being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and verify under oath that the company named above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract.
Pursuant to Section 2270.001, Texas Government Code:
1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and
2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.
______Signature of Company Representative Date
On this _____ day of ______, 20____, personally appeared ______, the above-named person, who after by me being duly sworn, did swear and confirm that the above is true and correct.
NOTARY SEAL ______Notary Public in and for the State of Texas
______Date
91 XI. Hays County Purchasing Department Senate Bill 252 Certification
On this day, I, ______, the Purchasing Representative for Hays County in San Marcos, Texas, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that I did review the website of the Comptroller of the State of Texas concerning the listing of companies that is identified under Section 806.051, Section 807.051 or Section 2253.253 and I have ascertained that the below-named company is not contained on said listing of companies which do business with Iran, Sudan or any Foreign Terrorist Organization.
______Company Name
______RFP or Vendor number
CERTIFICATION CHECK PERFORMED BY:
______Purchasing Representative
______Date
92 XII. Debarment and Licensing Certification
STATE OF TEXAS § § COUNTY OF HAYS §
I, the undersigned, being duly sworn or under penalty of perjury under the laws of the United States and the State of Texas, certifies that Firm named herein below and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a federal, state or local governmental entity with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; d. Have not within a three-year period preceding this application/proposal had one or more public (federal, state or local) transactions terminated for cause or default; e. Are registered and licensed in the State of Texas to perform the professional services which are necessary for the project; and f. Have not been disciplined or issued a formal reprimand by any State agency for professional accreditation within the past three years.
______Name of Firm
______Signature of Certifying Official Title of Certifying Official
______Printed Name of Certifying Official Date
Where the Firm is unable to certify to any of the statements in this certification, such Firm shall attach an explanation to this certification.
SUBSCRIBED and sworn to before me the undersigned authority by ______on this the day of ______, 20___, on behalf of said Firm.
______Notary Public in and for the State of Texas
My commission expires: ______
93 XIII. Vendor/Bidder’s Affirmation
1. Vendor/Bidder affirms that they are duly authorized to execute this Contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to price, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engages in this type of business prior to the official opening of this bid.
2. Vendor/Bidder hereby assigns to Purchaser any and all claims for overcharges associated with this Contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq.
3. Pursuant to 262.0276 (a) of the Texas Local Government Code, Vendor/Bidder, hereby affirms that Vendor/Bidder:
______Does not own taxable property in Hays County, or;
______Does not owe any ad valorem taxes to Hays County or is not otherwise indebted to Hays County
______Name of Contracting Company
If taxable property is owned in Hays County, list property ID numbers:
______
______Signature of Company Official Authorizing Bid/Offer
______Printed Name Title
______Email Address Phone
94 XIV. RFP Submittal Checklist
Notice to Vendors: Please ensure that the following are included as a part of your Proposal:
____ 1. Solicitation, Offer and Award completed and signed
____ 2. Vendor Reference Form
____ 3. Form 1295 (Certificate of Interested Parties) filed online with the Texas Ethics Commission and signed
____ 4. Conflict of Interest Questionnaire completed and signed
____ 5. Code of Ethics signed
____ 6. HUB Practices signed
____ 7. House Bill 89 Verification signed and notarized
____ 8. Debarment & Licensing Certification signed and notarized
____ 9. Vendor/Bidder’s Affirmation completed and signed
____ 10. Any addenda applicable to this solicitation
____ 11. Two originals of the proposal and a digital copy on a thumb drive are in a sealed envelope with the Solicitation Number and Respondent’s Name on the outermost envelope, addressed to:
Hays County Purchasing 712 S Stagecoach Trail, Suite 1071 San Marcos, TX 78666
95 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 Approve specifications for RFQ 2019-P02 CDBG Engineering Services and authorize Purchasing to solicit for qualifications and advertise.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Crumley SHELL N/A
SUMMARY The Cedar Oak Mesa Water Supply Corporation (COMWSC) would like to continue improvements to their aging water supply system and has asked Hays County to serve as sponsor for a grant application as it has done in the past. Per requirements from the Texas Department of Agriculture (TDA), Community Development Block Grant (CDBG) program, both grant management and engineering services must be procured prior to grant application development and submission in order to utilize the same consultants for grant implementation. This is designed to prevent real or perceived competitive solicitation conflicts resulting from “insider” information.
Per the attached RFQ, Hays County is seeking to enter into a professional engineering services contract with a state-registered engineer for the development of a grant application and – pending funding award - implementation of a Texas Community Development Block Grant (CDBG) Program, Community Development Fund project administered through the Texas Department of Agriculture for FY2017-2018. Upon selection of a firm, clauses can be included in the subsequent contract for services that make payment contingent on grant award for the project. Matching funds will be provided by the COMWSC upon grant award to facilitate project implementation.
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Hays County Auditor SOLICITATION, OFFER Purchasing Office AND AWARD 712 S. Stagecoach Trail, Suite 1071 San Marcos, Texas 78666
Solicitation No.: RFQ 2019-P02 Date Issued: December 19, 2018 CDBG Engineering Services SOLICITATION
Respondents must submit qualifications as listed: two (2) originals and one (1) digital copy on a thumb drive Qualifications will be received at the Hays County Purchasing Office at the address shown above until: 3:00 p.m. local time January 3, 2019. Qualifications received after the time and date set for submission will be returned unopened. Questions concerning this RFQ must be For information please received in writing no later than 5:00 Phone No.: (512) 393-5532 email: [email protected] on December 27, 2018. OFFER (Must be fully completed by Respondent) In compliance with the above, the undersigned offers and agrees to furnish all items or services awarded at the prices stipulated for each item delivered at the designated point(s) and within the time specified herein. Award shall include all solicitation documents and attachments. MANUALLY SIGN ALL COPIES SUBMITTED. SIGNATURE IS MANDATORY. Respondent Respondent’s Authorized Representative Entity Name: Name: Mailing Address: Title: Email Address: Phone No.: Signature: Date:
Name, Email Address and Phone No. of person authorized to conduct negotiations on behalf of Respondent: NOTICE OF AWARD (To be completed by County) Funding Source: Awarded as to item(s): Contract Amount:
Vendor: Term of Contract:
This contract issued pursuant to award Date: Agenda Item: made by Commissioners Court on: Important: Award notice may be made on this form or by ______other Authorized Hays County Judge Date official written notice. ______Hays County Clerk Date
97 Table of Contents
Solicitation, Offer and Award ...... 1
I. Summary ...... 3
II. Specifications ...... 4
A. Introduction ...... 4
B. Scope of Work ...... 4
C. Qualifications ...... 4
D. Submittal Requirements ...... 4
E. Evaluation Criteria ...... 5
F. Award of Contract ...... 5
G. Warranty of Performance ...... 6
III. General Terms and Conditions for Solicitations ...... 7
IV. Exhibit for Federally Funded Contracts Subject to Appendix II (2 CFR 200) ...... 16
V. Vendor Reference Form ...... 19
VI. Certificate of Interested Parties ...... 20
VII. Conflict of Interest Questionnaire ...... 21
VIII. Code of Ethics ...... 23
IX. HUB Practices ...... 24
X. House Bill 89 Verification ...... 26
XI. Senate Bill 252 Certification ...... 27
XII. Debarment & Licensing Certification ...... 28
XIII. Vendor/Bidder’s Affirmation ...... 29
XIV. RFQ Submittal Checklist ...... 30
98 I. Summary
1. Type of Solicitation: Request for Qualifications
2. Solicitation Number: RFQ 2019-P02 CDBG Engineering Services
3. Issuing Office: Hays County Auditor Purchasing Office 712 S. Stagecoach Trial, Suite 1071 San Marcos, TX 78666
4. Responses to Solicitation: Sealed Summary of Qualifications marked with Solicitation Number and Respondent Name on the outermost envelope Two (2) originals and one (1) digital copy on a thumb drive
5. Deadline for Responses: In issuing office no later than: Thursday August 23, 2018; 3:00 p.m. Central Time (CT)
6. Initial Contract Term: January 2019 – January 2020
7. Optional Contract Terms: Renewals as needed until successful project completion
8. Designated Contact: Hays County Purchasing Email: [email protected]
9. Questions & Answers: Questions regarding this solicitation must be made in writing and submitted to the designated contact above no later then December 27, 2018; 5:00 p.m. CT. Telephone inquiries will not be accepted. Questions may be submitted by email to the address above. Answers to questions will be provided in the form of an addendum posted on CivicPlus.
10. Addenda Any interpretations, corrections or changes to this RFQ and specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Hays County Purchasing Office. It is the Respondent’s responsibility to acknowledge receipt of all addenda with qualification submission.
11. Contact with County Staff: Upon issuance of this solicitation, employees and representatives of Hays County, other than the Purchasing Office staff identified as the Designated Contact above, will not discuss the contents of this solicitation with any Respondent or its representatives. Failure of a Respondent or any of its representatives to observe this restriction may result in disqualification of any related offer. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.
99 II. Specifications
A. Introduction
Hays County, Texas is seeking to enter into a professional engineering services contract with a state registered engineer for the development of a grant application and – pending funding award – implementation of a Texas Community Development Block Grant (CDBG) Program, Community Development Fund project administered through the Texas Department of Agriculture for FY2019-2020. The proposed project lies within the Cedar Oak Mesa Water Supply Corporation service area west of Wimberley in southwestern Hays County.
B. Scope of Work
The engineering contract will encompass all project-related engineering services to the County, including but not limited to the following areas: • Development/preparation of a Table 2 (cost estimate), project map and certification documents for the County’s TDA grant application. • Contingent upon funding award through the CDBG program: o Preliminary and final design plans and specifications; o Preparation of the bid packet; o Conduct all field testing and inspections (interim and final); and o Other special services.
Please specify actual tasks to be performed under each of these categories within your proposal.
C. Qualifications
Hays County is seeking to contract with a competent engineering firm which is registered to practice in the State of Texas that has experience in the following areas: • Public drinking water supply projects; • Federally-funded Community Development Block Grant program, through either the HUD Small Cities or Texas Community Development Program construction projects; and • Projects located in this general region of the state.
Please provide within your proposal a list of past local government clients, as well as resumes for all engineers/staff who will or may be assigned to this project should you receive the engineering services contract award.
D. Submittal Requirements
Respondent must deliver the following to the Issuing Office by the specified deadline: • Two (2) original proposals with required forms manually signed by Respondent with original signatures • One (1) digital copy of the full proposal with all required forms on a thumb drive
All items must be in a sealed envelope marked with the Solicitation Number and Respondent Name on the outermost envelope.
LATE SUBMITTALS WILL NOT BE ACCEPTED.
100 Submittals may be withdrawn at any time prior to the official opening. After the official opening, submittals may not be amended, altered or withdrawn without the recommendation of the County Purchasing Office and the approval of Commissioners Court.
Submittals will be publicly opened at the Office of the Hays County Auditor upon the deadline for submittal. Respondents, their representatives and interested persons may be present.
It is understood that Hays County reserves the right to accept or reject any and all submittals as it shall deem to be in the best interest of Hays County.
ALTERING PROPOSALS: Any interlineations, alteration, or erasure made before receiving time must be initialed by the signer of the proposal, guaranteeing authenticity.
FORMS: Changes to forms herein, made by respondents, shall disqualify the respondent. Proposals cannot be altered or amended after submission deadline.
REFERENCES: Hays County requires respondent to supply a list of at least three (3) references (See Section V for Vendor Reference Form) where like services have been supplied by their company. Include name of company, address, telephone number and name of representative.
E. Evaluation Criteria
Proposals will be evaluated by Hays County staff. Proposals will be ranked according to the criteria outlined below.
Criteria Points Experience 60 Work Performance 25 Capacity to Perform 15 Total Maximum Points 100
It is the practice of Hays County to encourage local participation and to promote and encourage contracting and subcontracting opportunities for locally owned businesses and labor in all contracts.
The County of Hays does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. Hays County is an Affirmative Action/Equal Opportunity Employer and strives to attain goals for Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), as amended. Section 3 Residents and Business Concerns, Minority Business Enterprises, Small Business Enterprises and Women Business Enterprises are encouraged to submit proposals.
F. Award of Contract
Upon review by the Evaluating Committee, recommendation will be made to the Hays County Commissioners Court to negotiate a contract with the highest scoring respondent.
The County reserves the right to accept in part or in whole any proposals submitted, and waive any technicalities for the best interest of the County.
101 Respondent agrees, if the proposal it accepted, to furnish any and all services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specifications, if any. The period for acceptance of the responses will be ninety (90) calendar days.
If the proposal is accepted and approved by Commissioners Court, this document shall be made part of the contract. No negotiations, decisions, or actions shall be initiated or executed by any vendor as a result of any discussions with any County employee. No oral agreements either expressed or implied will be considered in fulfilling this contract.
G. Warranty of Performance
The successful respondent expressly warrants that all services specified in the RFP will be performed with care and diligence and in accordance with all specifications of the RFP. The successful respondent agrees to correct any deficiencies in performance of services upon notification by the County and without additional expense to the County.
CONTINUING NON-PERFORMANCE of the respondent, in terms of specifications, shall be basis for the termination of the contract by the property owner. The property owner shall not pay for services that are unsatisfactory.
COMPLIANCE WITH LAWS: The successful Respondents shall comply with all applicable federal, state and local laws and regulations pertaining to the practice of the profession and the execution of the duties under the proposal. Any contract executed as a result of this RFP shall be governed by the laws of the State of Texas.
102 III. General Terms And Conditions For Solicitations Applicable To: Request for Qualifications (RFQ)
1. GENERAL DEFINITIONS: a. "Auditor" means the Hays County Auditor or his/her designee. b. "Commissioners Court" means Hays County Commissioners Court. c. “Contract” means the contract awarded pursuant to the RFQ and negotiated cost proposal. d. “Contractor” means a person or firm receiving an award of contract from Commissioners Court. e. "County" means Hays County, Texas, a political subdivision of the State of Texas. f. "County Building" means any County owned buildings and does not include buildings leased by County. g. "Is doing business" and "has done business" mean: i. Paying or receiving in any calendar year any money or other valuable thing which is worth more than $250 in the aggregate in exchange for personal services or for purchase of any property or property interest, either real or personal, either legal or equitable; or ii. Loaning or receiving a loan of money; or goods or otherwise creating or having in existence any legal obligation or debt with a value of more than $250 in the aggregate in a calendar year; iii. But does not include any retail transaction for goods or services sold to a Key Contracting Person at a posted, published, or marked price available to the general public. h. "Key Contracting Person" means any person or business listed in Exhibit A to Affidavit. i. "Purchasing Manager" means the Hays County Purchasing Manager. j. “Sub-contractor” means a person or firm doing business with a Contractor.
2. FUNDING: Funds for payment on this Contract have been provided through the County budget approved by Commissioners Court for this fiscal year only. State of Texas statutes prohibit the obligations and expenditure of public funds beyond the fiscal year for which a budget has been approved. However, the cost of items or services covered by this Contract is considered a recurring requirement and is included as a standard and routine expense of Hays County to be included in each proposed budget within the foreseeable future. County Commissioners expect this to be an integral part of future budgets to be approved during the period of this Contract except for unanticipated needs or events which may prevent such payments against this Contract. However, County cannot guarantee the availability of funds, and enters into this Contract only to the extent such funds are made available. The Fiscal Year for County extends from October 1st of each calendar year to September 30th of the next calendar year.
3. FUNDING OUT: Despite anything to the contrary in this Contract, if, during budget planning and adoption, Commissioners Court fails to provide funding for this Contract for the following fiscal year of County, County may terminate this Contract after giving Contractor thirty (30) calendar days written notice that this Contract is terminated due to the failure to fund it.
4. INVOICING/PAYMENTS: a. Contractor shall provide County with an Internal Revenue Form W-9, Request for Taxpayer Identification Number and Certification, that is completed in compliance with the Internal Revenue Code and its rules and regulations before any Contract funds are payable. b. As a minimum, invoices shall include: (i) name, address, and telephone number of Contractor and similar information in the event payment is to be made to a different address; (ii) County Contract or Purchase Order number; (iii) identification of products or services as outlined in this Contract; (iv) quantity or quantities, applicable unit prices, total prices, and total amount; and (v) any additional payment information called for by this Contract. County will not pay invoices that are in excess of the amount authorized by the purchase order. c. Payment shall be made by check or warrant by County upon satisfactory delivery and acceptance of products and services and submission of an invoice to the address below: County Auditor 712 S Stagecoach Trail, Suite 1071
103 San Marcos, Texas 78666 d. Payment shall be deemed to have been made on the date of mailing of the check or warrant. For purposes of payment discounts, time will begin upon satisfactory delivery of products and services and/or submission of acceptable invoice, whichever is last. Partial payments will not be made unless specifically requested and approved by County prior to Contract award. e. Accrual and payment of interest on overdue payments shall be governed by Tex. Gov't Code Ann., ch. 2251.
5. COUNTY TAXES: If the Contractor subsequently becomes delinquent in the payment of County taxes, it will be grounds for cancellation of the contract. Despite anything to the contrary, if the contractor is delinquent in payment of County property taxes at the time of invoicing, Contractor assigns any payments to be made for performance under this contract to the County Tax Assessor-Collector for the payment of delinquent taxes.
6. PROMPT PAYMENT ACT: TEX. GOV'T CODE ANN., ch 2251 (Vernon Supp. 1995) requires that payments be made within 30 calendar days. If County fails to pay within 30 days, interest on overdue amounts is subject to Chapter 2251, Texas Government Code. The law does not apply if the terms of a federal grant, contract, regulation, or statute prevent local governments from making timely payments with federal funds. Contractors and subcontractors must pay their suppliers interest if the supplier is not paid within 10 calendar days after the contractor or subcontractor receives payment. Contractors must apply for interest payments within 6 months of submitting a proper invoice if they believe such interest was due but not paid. Interest begins accruing 30 days after either of the following, whichever is later; (i) satisfactory delivery or performance has been completed, or, (ii) a correct invoice is received at the designated place.
7. FOB POINT: Delivery of all products under this contract, if any, shall be made Free on Board to final destination, at the address shown in this contract or as indicated on each Purchase Order placed against this contract. The title and risk of loss of the goods shall not pass to County until acceptance takes place at the F.O.B. point.
8. INSPECTION AND ACCEPTANCE: The County office or department receiving items pursuant to this contract shall inspect and accept only those items that are satisfactory to them, and reject those items which are damaged or which do not conform to specifications. Contractor shall be responsible for the proper labeling, packing, and delivery to final destination, including replacement of rejected deliveries.
9. VARIATION IN QUANTITY: No variation in the quantity of any item called for by this contract will be accepted unless such variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified elsewhere in this contract.
10. OFFICIALS NOT TO BENEFIT: If a member of Commissioners Court belongs to a cooperative association, the County may purchase equipment or supplies from the association only if no member of the Commissioners Court will receive a pecuniary benefit from the purchase, other than as reflected in an increase in dividends distributed generally to members of the association.
11. NONDISCRIMINATION; CIVIL RIGHTS/ADA COMPLIANCE: a. Contractor shall not engage in employment practices that have the effect of discriminating against employees or prospective employees because of age, race, color, sex, creed, national origin or handicapped condition. b. Contractor shall provide all services and activities required in a manner that would comply with the Civil Rights Act of 1964, as amended, the Rehabilitation Act of 1973, Public Law 93-1122, Section 504, and with the provisions of the Americans with Disabilities Act of 1990, Public Law 101-336 [S.933] if Contractor were an entity bound to comply with these laws.
104 12. CHANGES: a. This Contract may be amended only by written instrument signed by both County and Contractor. It is acknowledged by Contractor that NO OFFICIAL, EMPLOYEE, AGENT OR REPRESENTATIVE OF COUNTY HAS ANY AUTHORITY, EITHER EXPRESS OR IMPLIED, TO CHANGE THE SCOPE OF THIS CONTRACT OR OTHERWISE AMEND THIS CONTRACT, OR ANY ATTACHMENTS HERETO, UNLESS EXPRESSLY GRANTED THAT AUTHORITY BY THE COMMISSIONERS COURT. b. Contractor shall submit all requests for changes to this Contract or any attachment(s) to it to the Purchasing Manager. The Purchasing Manager shall present Contractor's requests to Commissioners Court for consideration. 13. REPRESENTATIONS: a. Contractor represents that he has thoroughly examined the drawings, specifications, schedule, instructions and all other contract documents. Contractor has made all investigations necessary to be thoroughly informed regarding plant and facilities for delivery of material, equipment and/or services as required by the proposal conditions. b. The Contractor's delivery time includes weekends and holidays. c. Contractor certifies that he is a qualified, bondable business entity that he is not in receivership or contemplates it, and has not filed for bankruptcy. He further certifies that the Company, Corporation, Partnership, or Sole Proprietorship is not delinquent with respect to payment of County property taxes. d. Contractor warrants that all applicable patents and copyrights which may exist on items that will be supplied under the contract have been adhered to and further warrants that County shall not be liable for any infringement of those rights. Warranties granted County shall apply for the duration of this contract or for the life of equipment or supplies purchased, whichever is longer. County must not extend use of the granted exclusive rights to any other than County employees or those with whom County has established a relationship aimed at furthering the public interest, and then only for official public uses. County will not knowingly or intentionally violate any applicable patent, license, or copyright. Contractor must indemnify County, its officers, agents, and employees against all claims, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees arising in connection with any alleged or actual infringement of existing patents, licenses or copyrights applicable to items sold. e. The Contractor warrants that upon execution of a contract with the County, he will not engage in employment practices which have the effect of discriminating against employees or prospective employees because of age, religion, race, color, sex, creed, handicap, or national origin and will submit reports as the County may require to assure compliance. f. Contractor warrants to County that all items delivered and all services rendered will conform to the specifications, drawings, or other descriptions furnished or incorporated by reference, and will be of merchantable quality, good workmanship, and free from defects. Contractor further agrees to provide copies of applicable warranties or guarantees to the Purchasing Manager. Copies will be provided within 10 days after the Notice of Award is issued. Return of merchandise under warranty shall be at Contractor's expense.
14. SUBCONTRACTS: a. Contractor shall not enter into any subcontracts for any service or activity relating to the performance of this Contract without the prior written approval or the prior written waiver of this right of approval from County. IT IS ACKNOWLEDGED BY CONTRACTOR THAT NO OFFICER, AGENT, EMPLOYEE OR REPRESENTATIVE OF COUNTY HAS THE AUTHORITY TO GRANT SUCH APPROVAL OR WAIVER UNLESS EXPRESSLY GRANTED THAT SPECIFIC AUTHORITY BY THE COMMISSIONERS COURT. b. If a subcontract is approved, Contractor must make a "good faith" effort to take all necessary and reasonable steps to insure HUBs maximum opportunity to be subcontractors under this Contract. Contractor must obtain County approval of all proposed HUB subcontractors through the Purchasing Manager. Failure by Contractor to make a good faith effort to employ HUBs as subcontractors constitutes a breach of this Contract and may result in termination of this Contract.
105 15. ASSIGNMENT: a. The parties to this Contract shall not assign any of the rights or obligation hereunder without the prior written consent of the other party. No official, employee, representative or agent of County has the authority to approve any assignment under this Contract unless that specific authority is expressly granted by Commissioners Court. b. The terms, provisions, covenants, obligations and conditions of this Contract are binding upon and inure to the benefit of the successors in interest and the assigns of the parties to this Contract if the assignment or transfer is made in compliance with the provisions of this Contract. c. Contractor remains responsible for the performance of this Contract when there is a change of name or change of ownership. If a change of name is required, the Purchasing Manager shall be notified immediately. No change in the obligation of or to Contractor will be recognized until it is approved by Commissioners Court.
16. DISPUTES AND APPEALS: The Purchasing Manager acts as the County representative in the issuance and administration of this contract in relation to disputes. Any document, notice, or correspondence not issued by or to the Purchasing Manager or other authorized County person, in relation to disputes is void unless otherwise stated in this contract. If the Contractor does not agree with any document, notice, or correspondence issued by the Purchasing Manager, or other authorized County person, the Contractor must submit a written notice to the Purchasing Manager within ten (10) calendar days after receipt of the document, notice, or correspondence, outlining the exact point of disagreement in detail. If the matter is not resolved to the Contractor’s satisfaction, Contractor may submit a written Notice of Appeal to the Commissioners Court, through the Purchasing Manager, if the Notice is submitted within ten (10) calendar days after receipt of the unsatisfactory reply. Contractor then has the right to be heard by Commissioners Court.
17. MEDIATION: When mediation is acceptable to both parties in resolving a dispute arising under this Agreement, the parties agree to use a mutually agreed upon mediator, or a person appointed by a court of competent jurisdiction, for mediation as described in Section 154.023 of the Texas Civil Practice and Remedies Code. Unless both parties are satisfied with the result of the mediation, the mediation will not constitute a final and binding resolution of the dispute. All communications within the scope of the mediation shall remain confidential as described in §154.073 of the Texas Civil Practice and Remedies Code, unless both parties agree, in writing, to waive the confidentiality.
18. FORCE MAJEURE: If the performance by either party of any of its obligations under this Contract is interrupted or delayed due to an act of God or the common enemy or as the result of war, riot, civil commotion, sovereign conduct, or the act or conduct of any person or persons not a party to this Contract, then it shall be excused from performance for such period of time as is reasonably necessary to remedy the effects thereof.
19. NON-WAIVER OF DEFAULT: a. No payment, act or omission by County may constitute or be construed as a waiver of any breach or default of Contractor which then exists or may subsequently exist. No official, agent, employee or representative of County may waive any breach of any term or condition of this Contract unless expressly granted that specific authority by the Commissioners Court. b. All rights of County under this Contract are specifically reserved and any payment, act or omission shall not impair or prejudice any remedy or fight to County under it. Any right or remedy in this Contract shall not preclude the exercise of any other right or remedy under this Contract or under any law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies.
20. TERMINATION FOR DEFAULT: Failure by either County or Contractor to perform any provisions of this Contract shall constitute a breach of contract. Either party may require corrective action within ten (10) calendar days after date of receipt of written notice citing the exact nature of the other's breach. Failure to take corrective action or failure to provide a satisfactory written reply excusing such failure within the ten (10) calendar days
106 shall constitute a default. The defaulting party shall be given a twenty (20) calendar day period within which to show cause why this Contract shall not be terminated for default. All notices for corrective action, breach, default or show cause on behalf of County shall be issued by the Purchasing Manager or County legal representative only, and all replies to the same shall be made in writing to the County Purchasing Manager or County legal representative at the address provided herein. Notices issued by or to anyone other than the Purchasing Manager or County legal representative shall be null and void, and shall be considered as not having been issued or received. County reserves the right to enforce the performance of this Contract in any manner prescribed by law in case of default and may contract with another party with or without competition or further notification to the contractor. At a minimum, Contractor shall be required to pay any difference in the cost of securing the services covered by this Contract, or compensate for any loss or damage to the County derived hereunder if it becomes necessary to contract with another source because of a default, plus reasonable administrative costs and attorney's fees. In the event of termination for default, County, its agents or representatives, shall not be liable for loss of any profits anticipated under this Contract.
21. TERMINATION FOR CONVENIENCE: County reserves the right to terminate this Contract upon thirty (30) days written notice for any reason deemed by the Commissioners Court to serve the public interest, or resulting from any governmental law, ordinance, regulation, or court order. Termination for convenience shall not be exercised with the sole intention of awarding the same or similar contract requirements to another source. In the event of such termination, County shall pay Contractor those costs directly attributable to work done in preparation for compliance with this Contract prior to termination; provided, however, that no costs shall be paid which are recoverable in the normal course of the business in which Contractor is engaged, nor shall County pay any costs which can be mitigated through the sale of supplies or inventories. If County pays for the cost of supplies or materials obtained for use under this Contract those supplies or materials shall become the property of County and shall be delivered to the FOB point shown in this Contract, or as designated by the Purchasing Manager. County shall not be liable for loss of any profits anticipated under this Contract.
22. GRATUITIES: Contractor shall not provide any gratuity in any form, including entertainment, gifts, or otherwise, to any employee, buyer, agent, or representative of County with a view to securing a contract, or securing favorable treatment with respect to the award or amendment, or the making of any determination with respect to the performance of this Contract. County may terminate this Contract if it is found that gratuities of any kind including entertainment, or gifts were offered or given by the Contractor or any agent or representative of the Contractor, to any County Official or employee with a view toward securing favorable treatment with respect of this contract. If this Contract is terminated by the County pursuant to this provision, County shall be entitled, in addition to any other rights and remedies, to recover from the Contractor at least three times the cost incurred by Contractor in providing the gratuities.
23. COVENANT AGAINST CONTINGENT FEES: Contractor represents and warrants that no persons or selling agency has been retained to solicit this Contract upon an understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial selling agencies maintained by the Contractor to secure business. For breach or violation of this warranty, County shall have the right to terminate this Contract without liability, or in its discretion to, as applicable, add to or deduct from the Contract price for consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
24. COUNTY ACCESS: Contractor shall maintain and make available for inspection, audit or reproduction by any authorized representative of County all books, documents, and other evidence pertinent to the costs and expenses of this Contract, including but not limited to both direct and indirect costs, cost of labor, material, equipment, supplies, and services, and all other costs and expenses of whatever nature for which reimbursement is claimed under this Contract. All required records shall be maintained until an audit is completed and all required questions arising therefrom are resolved, or three (3) years after completion of the contract term, whichever occurs first; provided, however, the records will be retained beyond the third year if an audit is in progress or the finding of a completed audit have not been resolved satisfactorily.
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25. FORFEITURE OF CONTRACT: a. The selected Offeror must forfeit all benefits of the contract and County must retain all performance by the selected Offeror Contractor and recover all consideration or the value of all consideration paid to the selected Offeror pursuant to the contract if: b. The selected Offeror was doing business at the time of submitting its proposal offer or had done business during the 365- day period immediately prior to the date on which its proposal offer was due with one or more Key Contracting Persons if the selected Offeror failed to disclose the name of any such Key Contracting Person in its offer; or c. The selected Offeror does business with a Key Contracting Person after the date on which the offer that resulted in the contract is submitted and prior to full performance of the contract.
26. CONTRACTOR CLAIMS NOTIFICATION: a. If any claim, or other action, that relates to Contractor’s performance under this Contract, including proceedings before an administrative agency, is made or brought by any person, firm, corporation, or other entity against Contractor, Contractor shall give written notice to County of the following information within ten (10) working days after being notified of it: i. The existence of the claim, or other action; ii. The name and address of the person, firm, corporation or their entity that made a claim or that instituted any type of action or proceeding; iii. The alleged basis of the claim, action or proceeding; iv. The court or administrative tribunal, if any, where the claim, action or proceeding was instituted; and v. The name or names of any person against whom this claim is being made. b. Except as otherwise directed, Contractor shall furnish to County copies of all pertinent papers received by Contractor with respect to making these claims or actions and all court pleadings related to the defense of these claims or actions.
27. CERTIFICATION OF ELIGIBILITY: This provision applies if the anticipated Contract exceeds $100,000. By submitting a bid or proposal in response to this solicitation, the bidder/respondent certifies that at the time of submission, he/she is not on the Federal Government’s Excluded Parties List System (www.epls.gov), which details a listing of suspended, ineligible, or debarred contractors. In the event of placement on the list between the time of bid/proposal submission and time of award, the bidder/respondent will notify the Hays County Purchasing Manager. Failure to do so may result in terminating this Contract for default.
28. CONTRACTOR LIABILITY, INDEMNIFICATION AND CLAIMS NOTIFICATION: Contractor shall indemnify County, its officers, agents, and employees, from and against any and all third party claims, losses, damages, causes of action, suits, and liability of every kind whether meritorious or not and, including all expenses of litigation, court costs, and reasonable attorney's fees, arising in connection with the services provided by Contractor under this Contract. It is the expressed intention of the Parties to this Contract, both Contractor and County, that the indemnity provided for in this paragraph is indemnity by Contractor to indemnify and protect County from the consequences of Contractor's actions.
29. CONSTRUCTION OF CONTRACT: a. This Contract is governed by the laws of the United States of America and the State of Texas and all obligations under this Contract are performable in Hays County, Texas. Venue for any dispute arising out of this Contract will lie in the appropriate court of Hays County, Texas. b. If any portion of this Contract is ruled invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, the remainder of it shall remain valid and binding. c. Headings and titles at the beginning of the various provisions of this Contract have been included only to make it easier to locate the subject matter covered by that part, section or subsection and are not to be used in construing this Contract.
108 d. When any period of time is stated in this Contract, the time shall be computed to exclude the first day and include the last day of period. If the last day of any period falls on a Saturday, Sunday, or a day that Hays County has declared a holiday for its employees, these days shall be omitted from the computation. All hours in this Contract are stated in Central Standard Time from 2:00 o'clock a.m. on the first Sunday of November until 2:00 o'clock a.m. on the second Sunday of March and in Central Daylight Saving Time from 2:00 o' clock a.m. on the second Sunday of March until 2:00 o'clock a.m. on the first Sunday of November or such other dates as may be adopted for the activation of Daylight Savings Time in the United States in future years. e. Words of any gender in this Contract shall be construed to include any other gender and words in either number shall be construed to include the other unless the context clearly requires otherwise. f. Provisions, Words, Phrases, and Statutes, whether incorporated by actual use or by reference, shall be applied to this Contract in accordance with Texas Government Code, §§ 312.002 and 312.003.
30. ADDITIONAL GENERAL PROVISIONS: a. Contractor must comply with all Federal and State laws and regulations, City and County ordinances, orders, and regulations, relating in any way to this Contract. b. Contractor must secure all permits and licenses, pay all charges and fees, and give all notices necessary for lawful operations. c. Contractor must pay all taxes and license fees imposed by the Federal and the State Governments and their agencies and political subdivisions upon the property and business of Contractor. d. Despite anything to the contrary in this Contract, if the Contractor is delinquent in payment of property taxes at the time of providing services, Contractor assigns the amount of any payment to be made for services provided under this Contract equal to the amount Contractor is delinquent in property tax payments to the Hays County Tax Assessor-Collector for the payment of the delinquent taxes. e. In this subsection, "County Building" means any County-owned buildings and does not include buildings leased by County. Contractor must not execute any mortgage, or issue any bonds, shares of stock, or other evidence of interest in County Buildings.
31. INTERPRETATION OF CONTRACT: a. This document contains the entire agreement between the parties relating to the rights granted and the obligations assumed. Any prior agreements or representations not expressly set forth in this agreement are of no force. Any oral representations or modifications concerning this agreement shall be of no force except a subsequent modification in writing signed by the Purchasing Manager. No official, representative, employee, or agent of the County has any authority to modify or amend this contract except pursuant to specific authority to do so granted by the Commissioners Court. b. If inconsistency exists between provisions of this solicitation, the inconsistency shall be resolved by giving precedence in the following ascending order of precedence: i. The Schedule of Items/Services ii. Terms and Conditions of Request for Qualifications; iii. General Provisions; iv. Other provisions, whether incorporated by reference or otherwise; and v. The specifications. c. If any contract provision shall for any reason be held invalid, illegal, or unenforceable in any respect, invalidity, illegality, or unenforceability shall not affect any other provision, and this contract shall be construed as if invalid, illegal or unenforceable provision had never been contained. d. This contract shall be governed by the laws of Texas and all obligations are performable in Hays County, Texas. e. If a word is used with reference to a particular trade or subject matter or is used as a word of art, the word shall have the meaning given by experts in that particular field. f. Words in the present or past tense include the future tense. The singular includes the plural and the plural includes the singular. The masculine gender includes the feminine and neuter genders.
109 g. The headings in this contract have been included only to make it easier to locate the subject covered by each provision and are not to be used in construing this contract. h. Provisions, words, phrases, and statutes, whether incorporated by actual use or by reference, shall be applied to this contract in accordance with TEX. GOV'T CODE ANN., SEC 312.002, 312.003 (Vernon 1991).
32. MODIFICATIONS: a. The County Purchasing Manager may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one of the following: i. Drawings, designs or specifications when the supplies to be furnished are to be specifically manufactured for the County in accordance with the drawings, designs, or specifications. ii. Method of shipment or packing. iii. Place of deliveries. iv. Correction of errors of a general administrative nature or other mistakes, the correction of which does not affect the scope of the contract, or does not result in expense to the Contractor. v. Description of items to be provided. vi. Time of performance (i.e. hours of day, days of week, etc) b. If any such change causes an increase or decrease in the cost of, or time required for, performance of any part of the work under this contract whether, or not changed by the order, the Commissioners Court shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract. The Contractor must submit any "proposal for adjustment" under this clause within thirty (30) calendar days from the date of receipt of the written order. However, if the County Purchasing Manager decides that the facts justify it, the County Purchasing Manager may receive and act upon a proposal submitted before final payment of the contract. If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the County shall have the right to prescribe the manner of disposition of the property. Failure to agree to any adjustment shall be a dispute under the Disputes and Appeals clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.
33. PRICE CHANGES: The prices offered shall remain firm for the period of the contract. The prices offered shall also remain firm for the option years should the County choose to exercise the option to renew, except for changes that are industry wide and beyond the control of the contractor. If such changes do occur, it will be the responsibility of the contractor to provide documentation to Hays County substantiating the changes to the bid prices. Any price changes must be approved by Hays County.
34. INSURANCE AND LIABILITY: During the period of this contract, contractor shall maintain at his expense, insurance with limits not less than those prescribed below. With respect to required insurance, Contractor shall; a. Name County as additional insured as its interests may appear. b. Provide County a waiver of subrogation. c. Provide County with a thirty (30) calendar day advance written notice of cancellation or material change to said insurance. d. Provide the County Purchasing Manager at the address shown on Page 1 of this contract, a Certificate of Insurance evidencing required coverage within ten (10) calendar days after receipt of Notice of Award. Also, please assure your certificate contains the contract number as indicated on the Contract Award form when issued by Hays County. e. Submit an original certificate of insurance reflecting coverage as follows:
Automobile Liability: Bodily Injury (Each person) $1,000,000.00 Bodily Injury (Each accident) $1,000,000.00 Property Damage $1,000,000.00
Commercial General Liability (Including Contractual Liability):
110 General Aggregate $2,000,000.00 Product completed operations aggregate $2,000,000.00 Bodily Injury (Each accident) $2,000,000.00 Property Damage $2,000,000.00
Employers Liability: Each accident $1,000,000.00 Each employee for disease $1,000,000.00 Policy limit for disease $1,000,000.00
Excess Liability: Umbrella Form Not Required
Labor Liability: Worker's Compensation Meeting Statutory Requirements
111 IV. Exhibit for Federally-Funded Contracts Subject to Appendix II (2 CFR 200)
TERMINATION FOR CAUSE: Failure by either County or Contractor to perform any provisions of this Contract shall constitute a breach of contract. Either party may require corrective action within ten (10) calendar days after date of receipt of written notice citing the exact nature of the other's breach. Failure to take corrective action or failure to provide a satisfactory written reply excusing such failure within the ten (10) calendar days shall constitute a default. The defaulting party shall be given a twenty (20) calendar day period within which to show cause why this Contract shall not be terminated for default. All notices for corrective action, breach, default or show cause on behalf of County shall be issued by the Purchasing Manager or County legal representative only, and all replies to the same shall be made in writing to the County Purchasing Manager or County legal representative at the address provided herein. Notices issued by or to anyone other than the Purchasing Manager or County legal representative shall be null and void, and shall be considered as not having been issued or received. County reserves the right to enforce the performance of this Contract in any manner prescribed by law in case of default and may contract with another party with or without competition or further notification to the contractor. At a minimum, Contractor shall be required to pay any difference in the cost of securing the services covered by this Contract, or compensate for any loss or damage to the County derived hereunder if it becomes necessary to contract with another source because of a default, plus reasonable administrative costs and attorney's fees. In the event of termination for default, County, its agents or representatives, shall not be liable for loss of any profits anticipated under this Contract.
TERMINATION FOR CONVENIENCE: County reserves the right to terminate this Contract upon thirty (30) days written notice for any reason deemed by the Commissioners Court to serve the public interest, or resulting from any governmental law, ordinance, regulation, or court order. Termination for convenience shall not be exercised with the sole intention of awarding the same or similar contract requirements to another source. In the event of such termination, County shall pay Contractor those costs directly attributable to work done in preparation for compliance with this Contract prior to termination; provided, however, that no costs shall be paid which are recoverable in the normal course of the business in which Contractor is engaged, nor shall County pay any costs which can be mitigated through the sale of supplies or inventories. If County pays for the cost of supplies or materials obtained for use under this Contract those supplies or materials shall become the property of County and shall be delivered to the FOB point shown in this Contract, or as designated by the Purchasing Manager. County shall not be liable for loss of any profits anticipated under this Contract.
DAVIS-BACON ACT – PREVAILING WAGE RATES: All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949, in the construction of development of the project) will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3) the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determinations of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b) (2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5 (a) (1) (iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the regular weekly period, Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5 (a) (4). Laborers or mechanics may perform work in more than one classification for the time actually worked therein, provided that Contractor’s
112 payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5 (a)(1)(11) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these provisions.
CONTRACT WORK HOURS AND SAFETY STANDARDS: If, in the course of fulfilling the terms of this Agreement, Contractor employs mechanics or laborers to perform work, Contractor recognizes that it must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Contractor shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible, provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Contractor further recognizes that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
CLEAN AIR – CLEAN WATER: The Contractor under this contract/subcontract agrees as follows: a. To comply with all the requirements of section 114 of the Clean Air Act as amended (42 U.S.C. 1857, et seq., as amended by Public Law 91-604) and section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq., as amended by Public Law 92-500), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the signing of this contract by the Contracting Local Organization. b. That no portion of the work required by this contract will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was signed by the Contracting Local Organization unless and until the EPA eliminates the name of such facility or facilities from such listing. c. To use their best efforts to comply with clean air standards and clean water standards at the facilities in which the contract is being performed. d. To insert the substance of the provisions of this article in any nonexempt subcontract, including this subparagraph.
DEBARMENT: Contractor certifies, to the best of its knowledge and belief, that it and its principals - a. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default.
Contractor understands and agrees that, if it is unable to certify any of the above terms, or provide an acceptable explanation related to its inability to make such certification, that the County shall have cause to terminate this Agreement for cause. Contractor agrees to require compliance with the terms of this Section, and certification thereof, in any subcontract for performance of work under this Agreement.
113 BYRD ANTI-LOBBYING CERTIFICATION: Contractor certifies, to the best of its knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure From to Report Lobbying”, in accordance with its instructions. c. Contractor shall require that the language of this certification be included in the award documents for all subcontractors at all tiers and that all subcontractors shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
PROCUREMENT OF RECOVERED MATERIALS: The County seeks to comply with Section 6002 of the Solid Waste Disposal Act including “procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.” Contractor agrees to ensure the County’s compliance with the above-stated Section 6002, if and when applicable to this Agreement. For the purposes of this Section, “Recovered Materials” means waste materials and byproducts which have been recovered or diverted from solid waste, but such term does not include those materials and byproducts generated from, and commonly reused within, an original manufacturing process.
114 V. Vendor Reference Form
Please list three (3) references of current customers who can verify the quality of service your company provides. The County prefers customers of similar size and scope of work to this proposal/bid. This form must be returned with your bid/proposal.
REFERENCE ONE
Company Name: ______
Address: ______
Contact Person and Title: ______
Phone Number: ______
Scope & Duration of Contract: ______
REFERENCE TWO
Company Name: ______
Address: ______
Contact Person and Title: ______
Phone Number: ______
Scope & Duration of Contract: ______
REFERENCE THREE
Company Name: ______
Address: ______
Contact Person and Title: ______
Phone Number: ______
Scope & Duration of Contract: ______
115 VI. Certificate of Interested Parties
In 2015, the Texas Legislature adopted House Bill 1295, which added 2252.908 to the Texas Government Code and applies to all contracts entered into on or after January 1, 2016. Section 2252.908 (b)(1)(2) applies only to a contract of a governmental entity or state agency that requires an action or vote by the governing body of the entity or agency before the contract may be signed or that has a value of at least $1 million. In addition, pursuant to Section 2252.908 (d), a governmental entity or state agency may not enter into a contract described by Subsection (b) with a business entity unless the business entity, in accordance with this section and rules adopted under this section, submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency.
With regard to Hays County purchases, a vendor or other person who is awarded a contract or purchase approved by Hays County Commissioners Court is required to electronically complete a Form 1295 through the Texas Ethics Commission website at https://ethics.state.tx.us/whatsnew/elf_info_form1295.htm and submit a signed copy of the form to the Hays County Purchasing office. A contract, including County issued purchase order (if applicable), will not be enforceable or legally binding until the County received and acknowledges receipt of the properly completed Form 1295 from the awarded vendor.
Failure to return this document may disqualify your response from consideration.
If you do not have access to the link provided above please or have any questions please contact Purchasing at 512-393- 5532.
116 VII. Conflict of Interest Questionnaire
117
118 VIII. CODE OF ETHICS FOR HAYS COUNTY Public employment is a public trust. It is the policy of Hays County to promote and balance the objective of protecting government integrity and the objective of facilitating the recruitment and retention of personnel needed by Hays County. Such a policy implemented by prescribing essential standards of ethical conduct without creating unnecessary obstacles to entering public services. Public servants must discharge their duties impartially so as to assure fair competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the Hays County procurement organization. To achieve the purpose of this article, it is essential that those doing business with Hays County also observe the ethical standards prescribed here. It shall be a breach of ethics to attempt to influence any public employee, elected official or department head to breach the standards of ethical conduct set forth in this code. It shall be a breach of ethics for any employee of Hays County or a vendor doing business with the county to participate directly or indirectly in a procurement when the employee or vendor knows that: The employee or any member of the employee’s immediate family, or household has a substantial financial interest pertaining to the procurement. This means ownership of 10% or more of the company involved and/or ownership of stock or other interest or such valued at $2500.00 or more. A business or organization in which the employee, or any member of the employee’s immediate family, has a financial interest pertaining to the procurement. Gratuities: It shall be a breach of ethics to offer, give or agree to give any employee of Hays County or for any employee to solicit, demand, accept or agree to accept from a vendor, a gratuity of consequence or any offer of employment in connection with any decision approval, disapproval, recommendation, preparation or any part of a program requirement or purchase request influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or controversy, any particular matter pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore pending before this government. Kickbacks: It shall be a breach of ethics for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor for any contract for Hays County as an inducement for the award of a contract or order. Contract Clause: The prohibition against gratuities and kickbacks prescribed above shall be conspicuously set forth in every contract and solicitation therefore. Any effort to influence any employee, elected official, or department head to violate the standards of the code is grounds to void the contract. Please certify, by your signature below, that you understand the ethics policy of Hays County and in no way will attempt to violate the code.
SIGNATURE: ______
PRINT NAME & TITLE: ______
COMPANY NAME: ______
119 IX. Hays County Practices Related to Historically Underutilized Businesses 1. STATEMENT OF PRACTICES Hays County will strive to ensure that all businesses, regardless of size, economic, social or ethnic status have an equal opportunity to participate in the County’s procurement processes. The County is committed to promote full and equal business opportunity for all businesses to supply the goods and services needed to support the mission and operations of county government, and seeks to encourage the use of certified historically underutilized businesses (HUB’s) through the use of race, ethnic and gender neutral means. It is the practice of Hays County to involve certified HUBs to the greatest extent feasible in the County’s procurement of goods, equipment, services and construction projects while maintaining competition and quality of work standards. The County affirms the good faith efforts who recognize and practice similar business standards. 2. DEFINITIONS Historically underutilized businesses (HUBs), also known as a disadvantaged business enterprise (DBE), are generally business enterprises at least 51% of which is owned and the management and daily business operations are controlled by one or more persons who is/are socially and economically disadvantaged because of his/her identification as a member of certain groups, including women, Black Americans, Mexican Americans, and other Americans if Hispanic origin, Asian Americans and American Indians. Businesses include firms, corporations, sole proprietorships, vendors, suppliers, contractors, subcontractors, professionals and other similar references when referring to a business that provides goods and/or services regardless of the commodity category. Certified HUB’s include business enterprises that meet the definition of a HUB and who meet the certification requirements of certification agencies recognized by Hays County, as expressed below. Statutory bid limit refers to the Texas Local Government Code provision that requires competitive bidding for many items valued at greater than $50,000. 3. GUIDELINES a. Hays County, its contractors, their subcontractors and suppliers, as well as all vendors of goods, equipment and services, shall not discriminate on the basis of race, color, creed, gender, age, religion, national origin, citizenship, mental or physical disability, veteran’s status or political affiliation in the award and/or performance of contracts. All entities doing business or anticipating doing business with the County shall support, encourage and implement affirmative steps toward a common goal of establishing equal opportunity for all citizens and businesses of the County. b. Vendors and/or contractors desiring to participate in the HUB program must successfully complete the certification process with the State of Texas or Texas Unified Certification Program. The vendor or contractor is also required to hold a current valid certification (title) from either of these entities. c. Vendors and/or contractors must be registered with the State Comptroller’s web-based HUB directory and with the Comptroller’s Centralized Master Bidder’s List (CMBL). Hays County will solicit bids from certified HUB’s for state purchasing and public works contracts.
120 4. Hays County will actively seek and encourage HUBs to participate in all facets of the procurement process by: a. Continuing to increase and monitor a database of certified HUB vendors, professionals and contractors. The database will be expanded to include products, areas of expertise and capabilities of each HUB firm. b. Continuing to seek new communication links with HUB vendors, professionals and contractors to involve them in the procurement process. c. Continuing to advertise bids on the County’s website and in the newspapers including newspapers that target socially and economically disadvantaged communities. 5. As prescribed by law, the purchase of one or more items costing in excess of the statutory bid limit must comply with the competitive bid process. Where possible, those bids will be structured to include and encourage the participation of HUB firms in the procurement process by: a. Division of proposed requisitions into reasonable lots in keeping with industry standards and competitive bid requirements. b. Where feasible, assessment of bond and insurance requirements and the designing of such requirements to reasonably permit more than one business to perform the work. c. Specifications of reasonable, realistic delivery schedules consistent with the County’s actual requirements. d. Specifications, terms and conditions reflecting the County’s actual requirements are clearly stated, and do not impose unreasonable or unnecessary contract requirements. 6. A HUB practice statement shall be included in all specifications. The County will consider the bidder’s responsiveness to the HUB Practices in the evaluation of bids and proposals. Failure to demonstrate a good faith effort to comply with the County’s HUB practices may result in a bid or proposal being considered non-responsive to specifications. 7. Nothing in this practice statement shall be construed to require the County to award a contract other than to the lowest responsive bidder as required by law. This practice is narrowly tailored in accordance with applicable law.
Please sign for acknowledgement of the Hays County HUB Practices:
______Signature Date
121 X. Hays County House Bill 89 Verification
I, ______(Person name), the undersigned representative of ______(Company or Business name, hereafter referred to as Company) being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and verify under oath that the company named above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract.
Pursuant to Section 2270.001, Texas Government Code:
1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and
2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.
______Signature of Company Representative Date
On this _____ day of ______, 20____, personally appeared ______, the above-named person, who after by me being duly sworn, did swear and confirm that the above is true and correct.
NOTARY SEAL ______Notary Public in and for the State of Texas
______Date
122 XI. Hays County Purchasing Department Senate Bill 252 Certification
On this day, I, ______, the Purchasing Representative for Hays County in San Marcos, Texas, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that I did review the website of the Comptroller of the State of Texas concerning the listing of companies that is identified under Section 806.051, Section 807.051 or Section 2253.253 and I have ascertained that the below-named company is not contained on said listing of companies which do business with Iran, Sudan or any Foreign Terrorist Organization.
______Company Name
______RFP or Vendor number
CERTIFICATION CHECK PERFORMED BY:
______Purchasing Representative
______Date
123 XII. Debarment and Licensing Certification
STATE OF TEXAS § § COUNTY OF HAYS §
I, the undersigned, being duly sworn or under penalty of perjury under the laws of the United States and the State of Texas, certifies that Firm named herein below and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a federal, state or local governmental entity with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; d. Have not within a three-year period preceding this application/proposal had one or more public (federal, state or local) transactions terminated for cause or default; e. Are registered and licensed in the State of Texas to perform the professional services which are necessary for the project; and f. Have not been disciplined or issued a formal reprimand by any State agency for professional accreditation within the past three years.
______Name of Firm
______Signature of Certifying Official Title of Certifying Official
______Printed Name of Certifying Official Date
Where the Firm is unable to certify to any of the statements in this certification, such Firm shall attach an explanation to this certification.
SUBSCRIBED and sworn to before me the undersigned authority by ______on this the day of ______, 20___, on behalf of said Firm.
______Notary Public in and for the State of Texas
My commission expires: ______
124 XIII. Vendor/Bidder’s Affirmation
1. Vendor/Bidder affirms that they are duly authorized to execute this Contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to price, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engages in this type of business prior to the official opening of this bid.
2. Vendor/Bidder hereby assigns to Purchaser any and all claims for overcharges associated with this Contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq.
3. Pursuant to 262.0276 (a) of the Texas Local Government Code, Vendor/Bidder, hereby affirms that Vendor/Bidder:
______Does not own taxable property in Hays County, or;
______Does not owe any ad valorem taxes to Hays County or is not otherwise indebted to Hays County
______Name of Contracting Company
If taxable property is owned in Hays County, list property ID numbers:
______
______Signature of Company Official Authorizing Bid/Offer
______Printed Name Title
______Email Address Phone
125 XIV. RFQ Submittal Checklist
Notice to Vendors: Please ensure that the following are included as a part of your Statement of Qualifications:
____ 1. Solicitation, Offer and Award completed and signed
____ 2. Vendor Reference Form
____ 3. Form 1295 (Certificate of Interested Parties) filed online with the Texas Ethics Commission and signed
____ 4. Conflict of Interest Questionnaire completed and signed
____ 5. Code of Ethics signed
____ 6. HUB Practices signed
____ 7. House Bill 89 Verification signed and notarized
____ 8. Debarment & Licensing Certification signed and notarized
____ 9. Vendor/Bidder’s Affirmation completed and signed
____ 10. Any addenda applicable to this solicitation
____ 11. Two originals of the proposal and a digital copy on a thumb drive are in a sealed envelope with the Solicitation Number and Respondent’s Name on the outermost envelope, addressed to:
Hays County Purchasing 712 S Stagecoach Trail, Suite 1071 San Marcos, TX 78666
126 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 Authorize the Information Technology Department to purchase one (1) new Surface Pro i7 Laptop for the new Justice of the Peace, Precinct 4 and amend the budget accordingly.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018 $2,138
LINE ITEM NUMBER 112-629-00]
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: YES AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO
REQUESTED BY SPONSOR CO-SPONSOR
Jeff McGill WHISENANT N/A
SUMMARY A new laptop is needed for the newly elected JP in precinct 4. The laptop will be utilized for training purposes and official county business away from the office. Funds within the JP Technology Fund are available to make this purchase.
Budget Amendment: Decrease 112-628-00.5712_400 ($2,138) Increase 112-629-00.5202 - $259 Increase 112-629-00.5712_400 - $1,879
Attachment: Microsoft Quote Contact # DIR TSO-3373
127 1 Surface Pro i7 (JP) | Hays Co | parodri
Microsoft Store
The Domain 3309 Esperanza Crossing, Suite 104 EFFECTIVE FROM : 12/12/2018 US Austin, TX 78758-7762 EFFECTIVE TO : 1/11/2019
Company Name: Hays County Bill To: Hays County, Auditor 712 South Account Number: USA-0000777502 Stagecoach Trail, Ste 1071 Contact Email: [email protected] San Marcos, TX Phone: 5123932845 78666
Comments: TEXAS DIR TSO-3373
QTY DESCRIPTION SKU MSRP DISCOUNT UNIT PRICE LINE TAX LINE TOTAL 1 Microsoft Srfc Pro6 LQJ-00001 $1,949.00 $321.59 $1,627.4100 $0.00 $1,627.41 i7/16/512 COMM SC EN/XD US/Canada Hdwr C 1 Microsoft HP3-00002 $299.00 $47.84 $251.1600 $0.00 $251.16 Commercial Complete for Business 4YR ADH Warranty 1 Microsoft Surface FMM-00001 $129.99 $26.00 $103.9900 $0.00 $103.99 Pro Type Cover - Black 1 Microsoft Ethernet EJR-00002 $39.99 $8.00 $31.9900 $0.00 $31.99 Adapter - USB 3.0 Gigabit 1 Microsoft Srfc 44W KVJ-00001 $79.99 $16.00 $63.9900 $0.00 $63.99 Power Supply SC EN/XD/ES US/Canada Hdwr 1 UAG Surface Pro QF6-00093 $69.95 $11.19 $58.7600 $0.00 $58.76 Case Black SFPRO4-BLK-VP 1 Microsoft Surface CZV-00001 $79.99 $16.00 $63.9900 $0.00 $63.99 Arc Mouse - Light Gray 1 Microsoft Tracking QL6-00005 $0.00 $0.00 $0.0000 $0.00 $0.00 SKU - Texas DIR Dept of Info Resources 1 Microsoft Tracking QL6-00007 $0.00 $0.00 $0.0000 $0.00 $0.00 SKU - Surface DR
TOTAL DISCOUNT $446.62
SHIPPING COST $0.00 Fee/Charges $0.00 128 In-Store Services SUBTOTAL $2,201.29 Personalized 1 on 1 Training (1hr.) TOTAL TAX $0.00 Group Training Answer Desk Free TOTAL $2,201.29 Virus Removal Out Of The Box Setup Experience Microsoft $2,137.30 Signature Image
OnSite Services Group Training
Authorized Buyer: Quote Status: Draft Authorized to Pick: CreatedBy: Paul Rodriguez
1. This Quote is not a binding offer and is subject to change without notice until such time as a purchase has been completed. Product prices and availability are subject to change at any time and without notice. If the Quote includes promotional pricing, the Quote expires when the promotion ends. Microsoft may place a limit, at any time and for any reason, on quantities that may be purchased per order, per account, per credit card, per person, or per household. Microsoft may also refuse, reject, or cancel any order at any time and for any reason. Microsoft also reserves the right, in its sole discretion, to restrict or prohibit sales to dealers or resellers. This Quote does not apply to and cannot be combined with any other offers or promotions. 2. This Quote only applies to purchases through Microsoft retail locations and does not apply to purchases at the Microsoft online store. 3. This Quote does not include shipping charges. Any shipping charges will be calculated and applied at the time of purchase. Thank you for shopping at Microsoft!
129 Microsoft Stores Direct Business Sales Terms By signing below, Customer agrees that the following device purchase terms shall apply to the product, device or hardware (the “Device(s)”) purchase identified herein (“Agreement”). This Agreement is separate and independent from any other agreement between Microsoft and Customer that involves or may involve the purchase of any software or other products from Microsoft, including but not limited to any Volume Licensing or other agreement. To the extent such other agreement may apply to Devices or other products covered by this Agreement, and unless otherwise mutually agreed to in writing, its terms supersede any inconsistent or conflicting terms in this Agreement or any resulting agreement between the parties. The Customer’s purchase order terms and conditions will not apply to this purchase. If Customer is a federal, state or local government entity (including education), Customer and Microsoft may have entered into separate and independent terms and conditions via requests for proposal, purchasing programs, procurement cooperatives, or otherwise (e.g. NASPO, Texas DIR, CPV). To the extent such other agreement may apply to the Devices or other products covered by, and purchased under, this Agreement, such terms supersede any inconsistent or conflicting terms in this Agreement or any other resulting agreement between the parties. 1. Acceptance. Each Customer purchase order is subject to Microsoft’s acceptance and the availability of Devices. Microsoft may decline or cancel any order at any time prior to shipping to the Customer. Customer may not cancel any order once Microsoft has begun processing the order. Microsoft may, in its sole discretion, impose a minimum order requirement to which Customer must agree prior to Microsoft accepting its purchase order. 2. Affiliates and Resale. Customer may make Devices purchased under this Agreement available for use by their Affiliates within a country in which Microsoft makes the same Devices available. Absent Microsoft’s written consent, customer may not, in any circumstance, make Devices purchased under this Agreement available for use by any unrelated third party. In no circumstances is Customer allowed to resell, lease or transfer for any value any Device purchased under this Agreement. 3. Delivery. Unless otherwise agreed in writing by the parties, Microsoft will deliver Devices purchased under this Agreement to the location Customer designates on any applicable order form (DDP, Incoterms 2010). Unless otherwise agreed, Microsoft will use ground shipping to ship Devices to Customer. 4. Limitation of Liability. The total liability of each party for all claims related to each purchased Device and this Agreement is limited to direct damages up to the amount Customer paid for the purchased Device(s) or the total amount paid under this Agreement, whichever is less. Customer may not recover any other damages, including consequential, incidental, indirect, special or punitive damages, or lost profits. These limitations apply to all damages related in any way to this Agreement, including anything related to any applicable manufacturer’s warranty and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other torts to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. Some States or Provinces do not allow limitations on liability as stated above, so some or all of this limitation may not apply to Customer.
5. Software Licenses. Software included with, or preloaded on, the Devices (“Included Software”) purchased under this Agreement may be subject to separate license terms included with that software (“EULA”). Customer accepts the EULA (1) by you sign and/or click “Submit” on any Microsoft order form page (if the EULA is attached or available online), (2) by breaking the seal on packaging of a Device that refers to the EULA, (3) by using the Device or (4) by installing, copying or otherwise using the Included Software. If more than one software product is included in the Included Software, e.g., operating system software and a productivity software suite, then each product may have its own EULA. Customer is not authorized to install or use the Included Software unless Customer first agrees to the Included Software’s EULA or has a separate license agreement with Microsoft governing use of such Included Software. If Customer does not want to agree to a EULA, Customer may return the Device unused to Microsoft for a full refund. Each EULA is not part of this Addendum, but to the extent of any conflict with this Addendum, the EULA will control solely for the Included Software to which it applies. 6. Services. Microsoft may be asked to provide training, support or depot (customized device), or other services incidental to the Devices purchased under this Agreement (the “Services”). The following terms shall apply to the delivery of all such Services: 7. Use of technical information from Services. Microsoft may use any technical information Microsoft derives from providing Services for problem resolution, troubleshooting, product functionality enhancements, fixes, and for Microsoft’s knowledge base. Microsoft agrees not to identify Customer or disclose any of Customer’s Confidential Information in any item in the knowledge base. 8. Microsoft as independent contractor. Microsoft provides Services as an independent contractor and will be responsible for all social security, unemployment, workers’ compensation and other withholding taxes for all of Microsoft’s employees. Customer and Microsoft each may develop products independently without using the other’s Confidential Information. 9. Warranties. The sole warranty Microsoft provides for Devices is the manufacturer’s warranty (if any) provided with the Device(s). If Customer purchases additional warranties for Devices (whether through Microsoft or a third party), the terms of such warranty shall apply and shall be the only warranty provided by Microsoft. Microsoft warrants that Services will be performed in a professional and workmanlike manner, consistent with industry standards. If Microsoft fails to meet the warranty and Customer notifies Microsoft within 90 days of the date of performance, then Microsoft will either re-perform the Services or return the price paid for them. Microsoft provides no other warranties or conditions and disclaims any other express, implied or statutory warranties, including warranties of quality, title, non-infringement, merchantability and fitness for a particular purpose. This disclaimer will apply except to the extent not permitted by applicable law. 10. Payment Terms for Microsoft’s Invoice; Credit Review. Payments to Microsoft must be made in the currency and according to the terms stated on Microsoft’s invoice. The terms of any extension of credit under this agreement may be withdrawn by Microsoft upon notice. Microsoft may assess a finance charge on all past due amounts, payable on demand and equal to the lesser of an annual rate of 1% per month or the highest amount allowed by law, applied from the first day the amount is past due until paid in full. Microsoft has no obligation to continue to provide Services if Customer fails to make timely payment. All payment terms are net 30 days from date of invoice. By accepting these terms, Customer also agrees that Microsoft may obtain a current credit report related to the business entity identified in this application and conduct a review of the credit report. Upon request, Microsoft will tell Customer the name and address of each credit reporting agency from which Microsoft obtained a current credit report. Microsoft may also request audited financial statements to verify financial condition. Microsoft may periodically review the credit performance of the Customer. Deterioration in payment history, financial strength, new reports of judgments/liens or bankruptcy could result in adjustments to the credit terms granted to the Customer. 11. Returns. Microsoft will accept returns for items that meet the return criteria set forth below for 30 days from the date of purchase or download, as applicable. All returns and exchanges must be accompanied by the original documentation, instruction manuals, registration, parts and components (including cables, controllers, and accessories) and the original manufacturer packaging. Refunds will be made in the same method as payment was accepted. Refunds will equal the amount paid less the original shipping and handling charges, if any. The following items may not be returned: (i) items that have been personalized or customized; (ii) special order items; (iii) items that have been used, altered or that show wear or damage; (iv) gift cards and Skype cards; and (v) items must be in resaleable condition in order to qualify for a return. Services that have already been delivered may not be returned. For software and games, you may only return opened items during the return period if: (i) you don’t agree with the license agreement, or (ii) the media does not work, and (iii) only if you do not make or retain any copies. Opened software and games may only be exchanged for the same product. If we no longer have the same product, we will issue you a Microsoft Store credit. ALL SALES ARE FINAL for random access memory (“RAM”) products and clearance items or those marked with a designation such as “Final Sale” or “Non-Returnable.” For promotional items and bundles, all included products and/or Services must be returned together. If a service included in the promotion and/or bundle has been used (for example a used promotional promo code), the full retail value of the service will be deducted from the refund amount. When a bundle is purchased and only part of the bundle is returned, the bundle discount is void, and the total bundle discount will be deducted from the refund. A restocking fee of ten percent (10%) may be deducted from the refund amount for hardware products. Microsoft is not responsible for any personal data included on returned or exchanged items. Please ensure that your personal data is removed from all items prior to return or exchange. Notwithstanding the foregoing, nothing in this section will be construed to as a waiver of your statutory rights under the law regarding returns, exchanges or withdrawal rights. 12. Compliance with laws, privacy and security. Microsoft and Customer will each comply with all applicable laws and regulations130 (including applicable security breach notification law). However, Microsoft is not responsible for compliance with any laws or regulations applicable to Customer or Customer’s industry that are not also generally applicable to information technology services providers. Customer consents to the processing of personal information by Microsoft and its agents to facilitate the subject matter of this Agreement. Customer may choose to provide the personal information of third parties to Microsoft (including Customer’s contacts, resellers, distributors, administrators, and employees) as part of this agreement. Customer will obtain all required consents from third parties under applicable privacy and data protection laws before providing personal information to Microsoft. 13. Defense of third party claims. Microsoft will defend Customer against any claim by an unaffiliated third party that a Device infringes its patent, copyright or trademark, or makes unlawful use of its trade secret. Microsoft will pay any resulting adverse final judgment or approved settlement. This does not apply to claims or awards based on (1) Customer Data; (2) non-Microsoft software; (3) modifications to a Device made by Customer or any specifications or material Customer provides; (4) Customer’s combination of the Device with (or damages based on the value of) a non-Microsoft product, business process or data; (5) Customer’s use of a Microsoft trademark without express, written consent, or Customer’s use of a Device after being notified to stop due to a third- party claim; (6) Customer’s use or distribution of a Device in violation of this agreement, or (7) Devices provided free of charge. If Microsoft reasonably believes that a third party claim under this section may bar Customer’s use of the Device, Microsoft will seek to obtain the right for Customer to keep using it or modify or replace it with a functional equivalent, in which case Customer must discontinue use of the prior version immediately. If these options are not commercially reasonable, Microsoft may terminate Customer’s right to the Device and refund any amounts Customer has paid. Customer must (1) notify Microsoft of any claim subject to this section, (2) give Microsoft sole control over the defense or settlement, and (3) provide reasonable assistance in the defense of the claim. Out-of-pocket expenses incurred in providing assistance will be reimbursed. Microsoft must approve any settlement. The remedies provided in this section are the exclusive remedies for the claims described in this section.
14. Additional Terms. (a) Non-Microsoft software and technology. Customer is solely responsible for any non-Microsoft software or technology that it installs or uses with the Devices or otherwise in connection with this agreement. Customer will direct and control the installation and use of such software or technology through its actions (including the use of APIs and other technical means). Microsoft is not a party to and is not bound by any terms governing Customer's use of non-Microsoft software or technology. Microsoft will not run or make any copies of such software or technology outside of its relationship with Customer. Customer may not install or use non-Microsoft software or technology in any way that would subject Microsoft’s intellectual property or technology to obligations beyond those included in this agreement. (b) Applicable law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. The parties The 1980 United Nations Convention on Contracts for the International Sale of Goods and its related instruments will not apply to this agreement. Venue for any action related to this Agreement shall be exclusively within the Superior Court for King County, Washington. (c) U.S. export. Devices are subject to U.S. export jurisdiction. Customer must comply with all applicable international and national laws, including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and end-user, end use and destination restrictions by U.S. and other governments related to Microsoft products, services, and technologies. For additional information related to Microsoft compliance with export rules, see http://www.microsoft.com/exporting. Customer must notify Microsoft at [email protected] as to any regulatory or legal controls on the use, access or transfer of Customer’s software or technology prior to such use, access or transfer to or by Microsoft. Customer will provide sufficient information to permit Microsoft to comply with applicable controls on Customer’s software or technology. (d) Taxes. (i) If any amounts are to be paid to Microsoft, the amounts owed are exclusive of any taxes. Customer shall pay any applicable value added, goods and services, sales, or like taxes that are owed with respect to any order submitted under this agreement and which are permitted to be collected from Customer by Microsoft under applicable law. Customer shall be responsible for any applicable stamp taxes and for all other taxes that it is legally obligated to pay including any taxes that arise on transactions between Customer and its Affiliates. Microsoft shall be responsible for all taxes based upon its net income or its property ownership. (ii) For qualified Customers, prices may exclude any sales or use taxes, duties, and other governmental charges (including any value added taxes). Customer will provide Microsoft a valid exemption certificate, and then Microsoft will not collect the taxes covered by such certificate. (iii) If any taxes are required to be withheld on payments made by Customer to Microsoft, Customer may deduct such taxes from the amount owed Microsoft and pay them to the appropriate taxing authority; provided however, that Customer promptly secures and delivers an official receipt for those withholdings and other documents reasonably requested by Microsoft to claim a foreign tax credit or refund. Customer will make certain that any taxes withheld are minimized to the extent possible under applicable law. Customer remains obligated to pay Microsoft for the amount of tax withheld until Customer provides to Microsoft the official receipt and other documents reasonably requested. (e) Use of contractors. Microsoft may use contractors to perform Services, but will be responsible for their performance, subject to the terms of this agreement. (f) No third-party beneficiaries. This agreement does not create any third-party beneficiary rights. (g) Survival. Provisions regarding ownership and license rights, fees, Use Rights, restrictions on use, warranties, limitations of liability, confidentiality, defense of claims by either party, compliance verification, obligations on termination, and the provisions in the section titled “Miscellaneous,” will survive termination of the agreement. (h) Severability. If any provision of this agreement is held to be illegal, invalid, or unenforceable, the remaining provisions will remain in effect and the agreement will be deemed amended to give maximum effect to the eliminated provision. (i) Waiver. Failure to exercise any right or remedy will not constitute a waiver. Any waiver must be in writing and executed by the waiving party.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of the last signature noted below.
[Customer] [MICROSOFT CORPORATION]
By:______By:______Printed Name:______Printed Name:______Title:______Title:______Date:______Date:______
RETURN POLICY
131 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 Approve the execution of an Amendment to the Interlocal Cooperation Agreement between Hays County and the San Marcos Academy related to assigning a school resource officer (SRO) to the Academy.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
KENNEDY SHELL N/A
SUMMARY The SRO being assigned to the Academy is a lower level on the MBS scale than what appears in the original Agreement.
132 FIRST AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT BETWEEN HAYS COUNTY, TEXAS, AND THE SAN MARCOS ACADEMY
This 1st Amendment to the Interlocal Cooperation Agreement Between Hays County, Texas, and the San Marcos Academy (“Amendment”) is made this 18th day of December, 2018, by and between Hays County, a political subdivision of the State of Texas (hereinafter referred to as “County”), and the San Marcos Academy (hereinafter referred to as “Academy”). The above-cited parties are collectively referred to as “the parties to this Agreement” or “the parties.”
Exhibit A of the Agreement shall be deleted in its entirety and replaced with the amended and attached Exhibit A.
EXCEPT FOR THE ABOVE MODIFICATIONS, ALL OTHER TERMS AND CONDITIONS OF THE AGREEMENT SHALL REMAIN UNCHANGED UNLESS PROPERLY MODIFIED BY SUBSEQUENT AMENDMENT UNDER THE TERMS OF THE AGREEMENT.
This 1st Amendment to the Interlocal Cooperation Agreement Between Hays County, Texas and the San Marcos Academy is hereby executed this the 18th day of December, 2018, as is evidenced by the authorized signatures of the Parties below.
San Marcos Academy Hays County
______Dr. Brian Guenther Judge Bert Cobb, M.D. President Hays County Judge
Attest:
______Liz Q. Gonzalez Hays County Clerk
133 EXHIBIT “A”
I. The annualized cost of providing the full-time deputy is $82,530.00.
a. Salary: $56,593.00 (actual cost for one (1) SRO) b. Indirect Personnel Costs: $23,437.00 (e.g. insurance, fringe) c. Vehicle Maintenance: $2,500.00 (fuel and routine maintenance)
II. For the first year of this Agreement, the Parties agree to the following pro-rated schedule:
a. For a January 7th Start Date
1st Payment (January 7th—March): $26,130.00 2nd Payment (April—May): $19,004.00
III. Payment for future services shall be made according to the following schedule and billed at 75% of annual costs as outlined in Section I plus any applicable salary and fringe increases:
1st Payment (August—October) 2nd Payment (November—January) 3rd Payment (February—May)
*The rates depicted in this Exhibit may change from year to year, in accordance with the Hays County Collective Bargaining Agreement. If such rate change occurs, the County shall provide notice as referenced in Section II of this Agreement.*
134 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 Authorize a modification to the Not-to-Exceed amount cited in RFP 2018-P02 related to the Blanco River Debris Removal Phase V for final project reconciliation.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT December 18, 2018 N/A
LINE ITEM NUMBER N/A
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Tammy Crumley SHELL N/A
SUMMARY Cahaba Disaster Recovery performed the Phase 5 debris removal for Hays County. The work performed by Cahaba, and approved by Hays County, exceeded the original estimate of Cubic Yardage that was recorded at the time of RFP 2018-02, resulting in an 18.77% increase for a total contract value of $1,258,043. Funds within the FY18 County-Wide Operations project budget were available for this increase.
135 136 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 Discussion and possible action to consider the acceptance of road construction and drainage improvements, release of the subdivision/construction bond #SU1146031 in the amount of $775,909.00, and acceptance of the 2- year maintenance bond #HSIFSU0704229 in the amount of $29,484.72 for Reunion Ranch subdivision, Phase 3, Section 2.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
ACTION-ROADS December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Jerry Borcherding WHISENANT N/A
SUMMARY Staff recommends acceptance of construction of roads and drainage improvements within the County ROW, and all regulatory signage as posted.
137 138 139 140 141 142 143 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 Discussion and possible action to consider the acceptance of road construction and drainage improvements, release of the subdivision/construction bond #SU1146032 in the amount of $444,755.00, and acceptance of the 2- year maintenance bond #HSIFSU0704229 in the amount of $13,944.02 for Reunion Ranch subdivision, Phase 3, Section 5.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
ACTION-ROADS December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Jerry Borcherding WHISENANT N/A
SUMMARY Staff recommends acceptance of construction of roads and drainage improvements within the County ROW, and all regulatory signage as posted.
144 145 146 147 148 149 150 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 Discussion and possible action to consider the acceptance of road construction and drainage improvements, release of the subdivision/performance bond #106314519 in the amount of $746,544.20, and acceptance of two separate 2-year maintenance bonds (#106749937 in the amount of $12,858.76, and #106749938 in the amount of $12,739.34) for Belterra Village subdivision, Phase 1.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
ACTION-ROADS December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Jerry Borcherding WHISENANT N/A
SUMMARY Staff recommends acceptance of construction of roads and drainage improvements within the County ROW, and all regulatory signage as posted. The Transportation Department has inspected and approved the improvements. The construction contractor issued a separate bond for each road. One bond is for Hargraves Drive, the other is for Holton Drive.
151 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 Discussion and possible action to consider the acceptance of road construction and drainage improvements, and acceptance of the 3-year maintenance bond #106749939 in the amount of $8,635.44 for Belterra Village subdivision, Phase 1 (Belterra Village Way only).
ITEM TYPE MEETING DATE AMOUNT REQUIRED
ACTION-ROADS December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Jerry Borcherding WHISENANT N/A
SUMMARY Staff recommends acceptance of construction of roads and drainage improvements within the County ROW, and all regulatory signage as posted. The Transportation Department has inspected and approved the improvements. The construction contractor issued a separate bond for this road only, Belterra Village Way.
152 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 Discussion and possible action to clarify the public/private status of Barton Bend Road in Precinct 4, based on an action of Commissioners Court (Resolution No.11197) on or about February 18, 1993.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
ACTION-ROADS December 18, 2018 N/A
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
KENNEDY WHISENANT N/A
SUMMARY See attached draft resolution and supporting materials.
153 154 155
RESOLUTION REGARDING PUBLIC MAINTENANCE OF BARTON BEND ROAD
WHEREAS, Hays County utilizes a variety of methods for bringing roadways in the County Road Maintenance System; and
WHEREAS, one past method for bringing roadways into the County Maintenance System was by resolution of Commissioners Court, after petition from a consensus of landowners abutting the roadway being considered; and
WHEREAS, landowners abutting Barton Bend Road, a previously private roadway, petitioned the Commissioners Court in 1993, asking that the roadway be brought into the County Maintenance System; and
WHEREAS, the scope of the 1993 petition and the scope of the subsequent resolution of the Hays County Commissioners Court has been the source of disagreement between landowners abutting Barton Bend Road; and
WHEREAS, Hays County representatives recently met with landowners along Barton Bend Road (the “Landowners”), seeking to end any disagreement regarding the public/private status of Barton Bend Road; and
WHEREAS, the disputing Landowners have agreed to settle their disagreement, which is evidenced by the jointly executed letter attached hereto as Exhibit “A”; and
WHEREAS, Hays County wishes to clarify the 1993 resolution by identifying the terminus of the publicly-maintained portion of Barton Bend Road, in accordance with the Landowners’ settlement;
NOW THEREFORE BE IT RESOLVED THAT:
The Hays County Commissioners Court hereby declares and confirms that:
1. the portion of Barton Bend Road that is depicted in green on the map attached hereto as Exhibit “B”, which is incorporated herein for all purposes, is part of the County Maintenance System and is a public roadway, as defined by the Texas Transportation Code; and 2. the portion of Barton Bend Road that is depicted in red on the map attached hereto as Exhibit “B”, which is incorporated herein for all purposes, is NOT part of the County Maintenance System and is private roadway, which shall be maintained by one or more of the private residents abutting that portion of the roadway, as they may agree to do from time to time. 3. Hays County shall not be responsible for any future maintenance of the private portion of Barton Bend Road (depicted in red on the map attached hereto as Exhibit “B”) and shall not consider future requests to have the private portion of Barton Bend Road brought into the County Maintenance System.
PASSED, APPROVED AND RESOLVED this the 18th day of December, 2018
Bert Cobb Hays County Judge ______Debbie Gonzales Ingalsbe Mark Jones Commissioner, Pct. 1 Commissioner, Pct. 2
______Lon A. Shell Ray Whisenant Commissioner, Pct. 3 Commissioner, Pct. 4
ATTEST:
______Liz Q. Gonzalez Hays County Clerk 156 EXHIBIT A
Executed Letters
157 December 13, 2018
Ray Whisenant Hays County Commissioner, Precinct 4 195 Roger Hanks Parkway Dripping Springs, TX 78620
Dear Commissioner Whisenant:
The three of us are landowners and neighbors on Barton Bend Road in your precinct. There has been long-standing confusion among some of the adjoining landowners over whether a portion of Barton Bend Road is a private road and where the public portion ends. We have reached an agreement among ourselves that the public road should end at the point that Barton Bend Road enters Matt Trlica's property.
We are requesting that you clarify County records to clearly show that the remainder of the drive beyond Matt's entrance is a private road. This clarification only affects the three of us and we have a private agreement on the ownership and maintenance of the private portion.
Thank you for your assistance in clarifying the public record for the benefit of all.
; ncerely, ~ #£ }::::t:J:on Smith 401 Barton Bend - Dripping Springs, TX 78620
frla:a~ Matt Trlica 501 Barton Bend - Dripping Springs, TX 78620
John Siemering Barton Bend, L. P.
158 December 13, 2018
Ray Whisenant Hays County Commissioner, Precinct 4 195 Roger Hanks Parkway Dripping Springs, TX 78620
Dear Commissioner Whisenant:
The three ofus are landowners and neighbors on Barton Bend Road in your precinct. There has been long-standing confusion among some of the adjoining landowners over whether a portion of Barton Bend Road is a private road and where the public portion ends. We have reached an agreement among ourselves that the public road should end at the point that Barton Bend Road enters Matt Trlica's property.
We are requesting that you clarify County records to clearly show that the remainder of the drive beyond Matt's entrance is a private road. This clarification only affects the three of us and we have a private agreement on the ownership and maintenance of the private portion.
Thank you for your assistance in clarifying the public record for the benefit of all.
Sincerely,
Tommy Vernon Smith 401 Barton Bend - Dripping Springs, TX 78620
Matt Trlica 01 B n Bend- Dripping Springs, TX 78620
159 EXHIBIT B
Barton Bend Map Depiction
160 ZHUGH RD t W FIT
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Fence line between R13795 & R13778 marks the transition of Barton Bend from public to private road.
R13795
t n e m R13778 g e s
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B
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Barton Creek
1:8,000 Date: 14 December 2018 161 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 SUB-1126; Discussion and possible action to approve preliminary plan for the Sunset View Estates Subdivision.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
ACTION-SUBDIVISIONS December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
STRICKLAND WHISENANT N/A
SUMMARY Sunset View Estates is a proposed subdivision located off of Ted Burger in Precinct 4.
The proposed subdivision will divide the 14 acres into 2 lots. Water service will be provided by private well for lot 1 and rainwater collection for lot 2. Wastewater treatment will be accomplished by individual on-site sewage facilities.
162 163 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 SUB-1181; Woodcreek, Section 8, Lots 183-184, Amended (1 Lot) Discussion and possible action to approve a variance from Table 10-1.C of the Hays County Rules for Onsite Sewage Facilities. .
ITEM TYPE MEETING DATE AMOUNT REQUIRED
ACTION-SUBDIVISIONS December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
STRICKLAND SHELL N/A
SUMMARY Woodcreek Section 8 is a recorded subdivision located off of Chapparal Drive in PCT 3. The proposed amended plat will combine lots 183 and 184 into 1 lot.
Current Hays County minimum lot size requirements dictate that new lots in this area which are served by public groundwater and advanced on-site sewage facilities is 1.5 acres. Given the date that the parcels were created, the lot size requirements in place at that time, and that they are going to be creating less density with the amended plat, a variance to the county's minimum lot size requirements has been requested. The owner's justification for the variance is provided in backup.
Water service will be provided by AquaTexas and wastewater treatment will be accomplished by individual on-site sewage facility.
164 165 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 Discussion and possible action to approve a resolution of support for dedicating a section of Highway 290 in honor of veteran John A. McCarty.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
ACTION-MISCELLANEOUS December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
WHISENANT N/A
SUMMARY Please see the attached resolution for details.
166
RESOLUTION OF SUPPORT FOR DEDICATING A SECTION OF HIGHWAY 290 IN HONOR OF VETERAN JOHN A. McCARTY
WHEREAS, John Allen McCarty was a Texas Hill Country native, born in Henly, Texas; and
WHEREAS, John McCarty enlisted in the United States Army in 1941, was stationed in the Philippines that year, fought on Bataan, and was taken prisoner of war by the Japanese on April 9, 1942; and
WHEREAS, John McCarty survived the infamous Bataan Death March and captivity at the Japanese prisoner of war camp Cabanatuan; and
WHEREAS, John McCarty received two Purple Hearts and two Bronze Stars for his gallant service in World War II; and
WHEREAS, the members of Veterans of Foreign Wars Post Number 2933 in Dripping Springs strongly support and encourage the dedication of a portion of Highway 290 in honor of John A. McCarty; and
WHEREAS, the dedication of a portion of one of our major local roadways in honor of a local veteran will help to preserve the memory of his selfless service and will aid citizens in remembering the significant sacrifices made by those local service members who served during World War II; and
WHEREAS, it would be fitting and appropriate to honor John A. McCarty for his service to our nation;
NOW, THEREFORE, BE IT RESOLVED that the Hays County Commissioners Court supports dedicating a portion of Highway 290 in Hays County near Dripping Springs in honor of John Allen McCarty.
ADOPTED THIS THE 18TH DAY OF DECEMBER 2018
______Bert Cobb, M.D. Hays County Judge
______Debbie Gonzales Ingalsbe Mark Jones Commissioner, Pct. 1 Commissioner, Pct. 2
______Lon A. Shell Ray Whisenant Commissioner, Pct. 3 Commissioner, Pct. 4
ATTEST:
______Liz Gonzalez, Hays County Clerk
167 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 Discussion and possible action to adopt the revised Hays County Employee Personnel Policy and addendum policies.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
ACTION-MISCELLANEOUS December 18, 2018 n/a
LINE ITEM NUMBER n/a
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Miller COBB N/A
SUMMARY The Hays County Employee Personnel Policy has been revised along with addendum policies. The personnel policy has not been through a complete review and update for many years. The review and updating process included input from many county elected officials, department heads, and employees as well as General Counsel review.
Updated addendum policies include:
Antifraud Policy Whistle Blowing Policy Use of County Equipment and Vehicles Policy Landline and Cell Phone Policy Email Policy Social Media Policy
168
Hays County Employee Personnel Policy
January 2019
169 Table of Contents
RESOLUTION...... 1
SECTION 1: GENERAL POLICIES SERVICE TO THE PUBLIC ...... 4 PROVISIONS PURPOSE ...... 5 SEVERABILITY ...... 5 LEGAL AUTHORITY ...... 6 DISSEMINATION OF PERSONNEL POLICIES ...... 6 A. COUNTY EMPLOYMENT EMPLOYMENT AT WILL 1A101 ...... 7 EQUAL EMPLOYMENT OPPORTUNITY 1A102 ...... 7 POSITION ANNOUNCEMENTS 1A103 ...... 7 EMPLOYMENT APPLICATIONS 1A104 ...... 8 AMERICANS WITH DISABILITIES ACT AMENDMENT ACT (ADAAA) 1A105 ...... 9 EMPLOYEE STATUS POLICY 1A106 ...... 9 PRE-EMPLOYMENT 1A107 ...... 10 IMMIGRATION LAW COMPLIANCE 1A108 ...... 11 NEPOTISM 1A109 ...... 11 DATING 1A110 ...... 13 DRESSCODE AND CONDUCT 1A111 ...... 13 ORIENTATION AND TRAINING 1A112 ...... 14 PERSONNEL FILES 1A113 ...... 14 EMPLOYMENT VERIFICATION 1A114 ...... 15 PERFORMANCE EVALUATION 1A115 ...... 15
B. WORK RULES AND EMPLOYEE RESPONSIBILITY TOBACCO AND VAPE FREE WORKPLACE 1B101 ...... 16
170 CONFLICT OF INTEREST, SOLICITATION, AND INTER-DEPARTMENT COMMUNICATION 1B102 ...... 16 HARASSMENT 1B103...... 17 SEXUAL HARASSMENT 1B104 ...... 18 WORKPLACE VIOLENCE 1B105 ...... 20 GRIEVANCE PROCESS 1B106 ...... 20 INFORMAL DEPARTMENT LEVEL GRIEVANCES ...... 21 FORMAL GRIEVANCES ...... 21 APPEALS TO THE EMPLOYEE GRIEVANCE COMMITTEE ...... 22 POLITICAL ACTIVITY 1B107 ...... 24 OUTSIDE EMPLOYMENT 1B108 ...... 24 DISCIPLINE 1B109 ...... 25 LICENSE AND CERTIFICATIONS 1B110 ...... 26 CONFIDENTIALITY 1B111 ...... 26 REPORTING FRAUD 1B112 ...... 27 WHISTLEBLOWER 1B113 ...... 27
C. COUNTY PROPERTY AND EMPLOYEE RESPONSIBILITY COUNTY PROPERTY USE 1C101 ...... 29 COUNTY CREDIT CARDS 1C102 ...... 29 COUNTY ISSUED KEYS AND BADGES 1C103 ...... 29 COUNTY VEHICLE USAGE 1C104 ...... 30 PERSONAL VEHICLE USAGE ON COUNTY BUSINESS 1C105 ...... 31 CELL PHONE USAGE 1C106 ...... 31 COMPTER AND INTERNET USAGE 1C017 ...... 32 PROPERTY DAMAGE 1C108 ...... 34 SOCIAL MEDIA 1C109 ...... 34 D. SAFETY AND HEALTH EMPLOYEE RESPONSIBILTY WORKER’S COMPENSATION 1D101 ...... 37 EMPLOYEE SAFETY 1D102 ...... 39 CONTAGIOUS DISEASES 1D103 ...... 39 DRUG AND ALCOHOL – ALL EMPLOYEES 1D104 ...... 39 DRUG AND ALCOHOL – CDL EMPLOYEES 1D105 ...... 40
171
SECTION 2: EMPLOYEE COMPENSATION AND BENEFITS A. EMPLOYEE PAYROLL FAIR LABOR STANDARDS ACT SAFE HARBOR 2A101 ...... 43 INTERNAL REVENUE SERVICE (IRS) FRINGE BENEFITS 2A102 .... 44 COMPENSATION 2A103 ...... 44 LONGEVITY PAY 2A104 ...... 45 PAYROLL DEDUCTIONS 2A105 ...... 45 WORK SCHEDULES 2A106 ...... 45 ON-CALL TIME 2A107 ...... 46 WORK WEEKS AND WORK PERIODS 2A108 ...... 46 PAY PERIODS 2A109 ...... 46 BREAKS 2A110...... 48 TIMESHEETS 2A111 ...... 48 COMPENSATORY AND OVERTIME 2A112 ...... 49 DEMOTIONS 2A113 ...... 50 TRANSFERS 2A114 ...... 51 COLLECTIVE BARGAINING TO CIVILIAN POSITION 2A115 ...... 51 PROMOTIONS 2A116 ...... 51 SEPARATIONS 2A117 ...... 51 RETIREE REHIRES 2A118 ...... 53 B. EMPLOYEE BENEFITS MEDICAL, DENTAL, LIFE AND SUPLEMENTAL BENEFITS 2B101 ... 54 SECTION 125 CAFETERIA PLAN 2B102 ...... 55 BENEFITS CONTINUATION (COBRA) 2B103 ...... 56 VACATION LEAVE 2B104 ...... 56 SICK LEAVE 2B105 ...... 58 LEAVE WITHOUT PAY 2B106 ...... 60 SICK LEAVE POOL 2B107 ...... 62 HOLIDAY 2B108 ...... 63 CLOSINGS AND EMERGENCIES 2B109 ...... 63 JURY DUTY 2B110 ...... 64
172
BEREAVEMENT LEAVE 2B111...... 65 MILITARY LEAVE 2B112 ...... 65 TIME OFF TO VOTE 2B113 ...... 66 RETIREMENT 2B114 ...... 67 MILITARY SERVICE CREDIT ...... 67 WITHDRAWING YOUR RETIREMENT FUNDS ...... 68 TERMINATION OF EMPLOYMENT ...... 68 RETIRING ...... 69 DISABILITY RETIREMENT...... 69 RETIREE INSURANCE ...... 70 DISABILITY RETIREMENT FOR A PUBLIC SAFEY OFFICER ...... 71 MEDICARE ELIGIBLE RETIREES ...... 71 PAST RETIREMENT RULES AND REGULATIONS ...... 72 RETIREMENT BENEFITS REVIEW COMMITTEE ...... 72 REHIRING RETIREES ...... 72 DEFERRED COMPENSATION 2B115 ...... 73 FAMILY MEDICAL LEAVE ACT (FMLA)/MILITARY FAMILY LEAVE (MFL) 2B116 ...... 73 MILITARY FAMILY LEAVE ENTITLEMENTS ...... 74 BENEFITS AND PROTECTION ...... 74 DEFINITION OF SERIOUR HEALTH CONDITION ...... 75 EMPLOYEE RESPONSIBILITIES ...... 75 HAYS COUNTY RESPONSIBILITIES ...... 76 USE OF LEAVE ...... 76 SUBSTITUTION OF PAID LEAVE FOR UNPAID LEAVE ...... 77 RETURNING TO WORK AFTER FMLA ...... 78
173 RESOLUTION
State of Texas Hays County
WHERE AS, Hays County Officials desire to have a clear, easily understood personnel policy manual for their employees, and; WHERE AS, this personnel policy manual will help Hays County comply with current employment laws and standards, and; WHERE AS, this personnel policy manual will allow for the implementation of a more effective county government which will benefit the citizens of Hays County through more efficient standards, and; WHERE AS, the following elected officials and department heads agree to abide by and, fully implement the policies contained therein,
______Hays County Judge Hays County Commissioner Precinct 1
______Hays County Commissioner Precinct 2 Hays County Commissioner Precinct 3
______Hays County Commissioner Precinct 4 Hays County Treasurer
______Hays County District Attorney Hays County Auditor
______Hays County Tax Assessor/Collector Hays County Sheriff
______Hays County Clerk Justice of the Peace Precinct 1-1
______Justice of The Peace Precinct 1-2 Justice of The Peace Precinct 2
______Justice of The Peace Precinct 3 Justice of The Peace Precinct 4
174
______Justice of The Peace Precinct 5 Hays County District Clerk
______Hays County Constable Precinct 1 Hays County Constable Precinct 2
______Hays County Constable Precinct 3 Hays County Constable Precinct 4
______Hays County Constable Precinct 5 Hays County District Judge
______Hays County Court at Law Judge 1 Hays County Court at Law Judge 2
______Hays County Court at Law Judge 3
WHERE AS, any and all previous personnel policy manuals, implied policies, informal policies, verbal policies and written contracts whether known or unknown, are hereby rescinded and declared null and void.
NOW, THEREFORE BE IT RESOLVED, that on this 18th day of December, 2018, the Hays County Commissioners Court does hereby adopt, accept and place into effect this manual called the Hays County Employee Personnel Policy which shall be in effect from January 1, 2019 until rescinded or amended by official order or resolution of the Hays County Commissioners Court.
______Albert Cobb, M.D. Hays County Judge
Attest:
______Elizabeth Q. Gonzalez County Clerk
175
SECTION 1: GENERAL POLICIES
176
HAYS COUNTY GOVERNMENT
SERVICE TO THE PUBLIC
We are here to serve the people of Hays County.
It is your responsibility to provide fair, efficient service in a courteous manner.
Strive to learn and stay informed about the activities of the county.
Be a good and sincere listener. Our visitors and callers want us to understand and care about the reason for their communication.
Help others solve their concerns and problems in the most efficient manner, even if the situation must be referred to another employee or department.
Write down all the information you will need to complete a task for a citizen, including their name, the date and time of a call or request, and a telephone number, email or physical address where the person can be contacted.
Fulfill all promises you make. If you cannot complete a promised task as anticipated, get back in touch and explain the circumstances.
Respect the dignity of every individual. Try honestly and sincerely to see the other person’s point of view. Speak kindly to and about others. Avoid arguments and be friendly.
Be punctual in your work and for appointments.
Make suggestions to your supervisor about ways we can improve our services to the citizens of Hays County or can get our work done in a more efficient manner.
Dress and appearance must be appropriate for your job. A neat and orderly appearance is important.
County employees are trustees of public funds. Please conserve county money, time and equipment as if it were your own. Public service not only requires that we obey the law, but it is also important that we avoid even the appearance of any improper action or of using our official position to gain any personal advantage.
177 PROVISIONS
PURPOSE
These policies completely replace and supersede any and all personnel policies previously adopted, individually or as a set of policies, by the Hays County Commissioners Court. This policy governs all aspects of employment. The policies are not a contract of employment between Hays County and any of its employees, they are not intended to create a contract, nor are they to be construed to constitute contractual obligations of any kind. Additionally, the Hays County Personnel Policy should not be interpreted as forming an express or implied contract or promise that these policies will be applied in all cases. Commissioners Court adopted these policies to promote consistent, equitable, and effective practices by both employees and supervisors. These provisions may be amended or canceled at any time by a Commissioners Court action except for the policy of employment-at- will.
In addition to the Hays County Personnel Policy, elected officials and department heads may establish departmental rules and regulations that relate specifically to their departments, as long as they do not conflict with or supersede these policies. Employees must comply with their departmental rules. If there is a conflict between a departmental rule or policy and these policies or any future amendments to these policies, the terms of these policies, as amended, will prevail.
These personnel policies apply equally to all employees, volunteers, interns, and reserves of Hays County unless law or the terms of these policies specifically exempt a class of employees.
SEVERABILITY
If any provision or part of a provision is held invalid, illegal, or unenforceable, this will not affect the validity of the remaining provisions or parts of provisions, which will remain in force and effect.
In cases where federal or state laws or regulations supersede local policy for specific groups of employees, such laws or regulations will substitute for these personnel policies only insofar as necessary for compliance.
178 LEGAL AUTHORITY
References to statutory or other legal authority contained in these policies are for informational purposes only and are subject to change. As changes occur in statutory or other legal authority, Hays County and its personnel will modify practices accordingly.
DISSEMINATION OF PERSONNEL POLICIES
The Hays County maintains the official record of the personnel policies with all revisions. Commissioners Court must approve all deletions, amendments, revisions, or additions to the Hays County Personnel Policy.
The Human Resources Department will provide a copy of this policy to all new employees. Every employee is required to sign an acknowledgement of having received the Hays County Personnel Policy. All employees, including elected officials have an obligation to familiarize themselves with these policies and to abide by them, including any future amendments to these policies.
Employees will be notified of subsequent revisions via email and updates will be posted to the policy on the county intranet. For employees who do not have a computer, supervisors will be directed to share with employees.
179 A. COUNTY EMPLOYMENT
1A101 EMPLOYMENT AT WILL
All employment with Hays County will be considered “at will” employment. No contract of employment will exist between any individual and Hays County for any duration, either specified or unspecified. No provision of this policy will be construed as modifying the employment at will status.
Hays County will have the right to terminate the employment of any employee for any legal reason, or no reason, at any time, with or without notice.
Hays County will also have the right to change any condition, benefit, policy, or privilege of employment at any time, with or without notice. Employees of Hays County will have the right to leave their employment with Hays County at any time, with or without notice.
1A102 EQUAL EMPLOYMENT OPPORTUNITY
Hays County is an equal opportunity employer. The county will not tolerate unlawful discrimination on the basis of race, color, religion, national origin, sex, age, genetic information, pregnancy, veteran status, disability, or any other condition or status protected by law. The county will not discriminate on the basis of any condition or status protected by law for any benefit, condition, privilege of employment except where required by state or federal law or where a bona fide occupational qualification exists. Such employment privileges may include but are not limited to hiring, promotion, demotion, raises, termination, training, discipline, and use of employee facilities or programs. If an employee needs an accommodation as a result of a condition or status protected by law, please advise the elected official, appointed official, department head, Hays County General Counsel or Human Resources Director.
1A103 POSITION POSTINGS
All positions are approved through Commissioners Court during the budget process. Every vacant position must be posted through the Human Resources Department. There will be no promotions or new hires without a position posting. The hiring official determines the length of time a position is posted and the type of posting that is appropriate.
The hiring official may choose to use any of the following types of postings:
Public posting – The position is posted in the Human Resources Department and on the county website, and is available for all members of the public and all county employees to apply. The hiring official may also request the position
180 to be advertised in newspapers, posted on other job posting and recruiting internet sites and organizations.
County posting – Only current Hays County employees may apply for the position. The position is posted in the Human Resources Department and on the county website.
Departmental posting – Only current employees and interns within the department in which the vacancy exists may apply for the position. The position is posted in the Human Resources Department and a copy of the job posting is sent only to the department that has the vacancy for posting. The official job postings are displayed in the Human Resources Department.
1A104 EMPLOYMENT APPLICATIONS
All applications must be submitted to the Human Resources Department or, for Sheriff’s Office positions, to the Sheriff’s Human Resources office.
Hays County does not accept resumes without a fully completed, appropriate Hays County employment application. The county does not accept applications for employment unless a specific vacancy exists. Applications are valid for 90 days and the hiring official may consider previously submitted applications for the same position posted within the previous 90 days.
Any misrepresentations, falsifications or material omissions in any submitted application or resume may result in exclusion of the individual from further consideration of employment, or if the person has been hired, termination of employment.
Examples of reasons for which Hays County may reject an applicant are as follows:
applicant does not meet the minimum requirements established for the position;
application includes false information;
applicant has exercised or attempted to exercise political pressure, bribery or any threat to secure an advantage in selection; or
applicant has failed to submit the application correctly or within the prescribed time limit.
181 1A105 AMERICANS WITH DISABILITIES ACT AMENDMENTS ACT (ADAAA)
It is the policy of Hays County to prohibit any harassment or discriminatory treatment of employees on the basis of a disability or because an employee has requested a reasonable accommodation. If an employee feels they have been subject to such treatment or has witnessed such treatment, the situation should be reported to an elected official, appointed official, department head, Hays County General Counsel or Human Resources Director. All elected officials, appointed officials, department heads and employees with responsibilities requiring knowledge of an employee’s disability are instructed to treat the employee’s disability information with confidentiality.
It is Hays County’s policy to reasonably accommodate qualified individuals with disabilities unless the accommodation would impose an undue hardship on the county. In accordance with the Americans with Disabilities Act, as amended (ADAAA), reasonable accommodations may be provided to qualified individuals with disabilities when such accommodations are necessary to enable them to perform the essential functions of their jobs or to enjoy the equal benefits and privileges of employment. This policy applies to all applicants for employment and all employees. If an applicant or employee requires an accommodation, please contact an elected official, appointed official, department head, Hays County General Counsel or Human Resources Director. Reasonable accommodations will be determined through an interactive process of consultation.
1A106 EMPLOYEE STATUS
Each county position has an employee status that identifies how the position is paid and how benefits are granted by Commissioners Court.
Regular Full Time - A regular full time employee is any employee in a position who has a normal work schedule of at least forty (40) hours per week. Full time regular employees are eligible for county health insurance and TCDRS retirement benefits. Other county policies will dictate eligibility for other benefits.
Three-quarter (¾) Regular Time - A ¾ time regular employee is any employee in a position who has a normal work schedule of at least thirty (30) hours per week but less than forty (40) hours per week. ¾ regular time employees are eligible for county health insurance and TCDRS retirement benefits. Other county policies will dictate eligibility for other benefits.
One half (½) Regular Time - A ½ regular time employee is any employee in a position who has a normal work schedule of at least twenty (20) hours per week but less than thirty (30) hours per week. All ½ regular time employees must be placed on TCDRS retirement regardless of the number of hours worked per week. Other county policies will dictate eligibility for other benefits.
182
Regular Part Time - A regular part time employee is any employee in a position who has a normal work schedule of less than twenty (20) hours per week. All regular part time employees must be placed on TCDRS retirement regardless of the number of hours worked per week. Other county policies will dictate eligibility for other benefits.
Temporary - A temporary employee is any employee who is expected to work each week in a position that is expected to last for a specific period of time or until a specific project is completed, not to exceed 12 months. Temporary employees are not entitled to any benefits under the Affordable Care Act and are also not eligible for retirement benefits under TCDRS. Other county policies will dictate eligibility for other benefits.
Unpaid – An unpaid employee may be an intern, volunteer, or reserve deputy.
An employee whose status has changed from temporary to regular is considered hired on the date of acceptance of regular employment.
1A107 PRE-EMPLOYMENT
In an effort to provide and maintain the safest possible environment for the public and staff, and enhance the security of physical resources, Hays County will, consistent with the requirements of the law and prudent practices, conduct background and reference checks on applicants who are under final consideration for a position.
The hiring official is responsible for making appropriate checks to verify education, experience, character, work ethic, required certificates and skills of an applicant.
Human Resources or the department with statutory requirements will conduct criminal background investigations, driver’s license record checks, and obtain criminal history record information in accordance with the statutory support of Texas Government Code 411.1295 as may be amended from time to time.
To help assure that employees are able to perform their duties safely, medical examinations may be required. After a conditional offer has been made to an applicant entering a designated job category, a health professional of Hays County’s choice will perform a medical examination at Hays County’s or the applicant’s expense, depending on the position and funding available. This exam may include a physical exam, a psychological exam, and a drug test.
The continuation of employment is contingent upon satisfactory completion of all exams. Employees who are required to pass physical examinations must be cleared for duty in writing by the medical authority chosen by Hays County. Anyone
183 not successfully completing or refusing to take these exams will not be considered for employment. Information of an employee’s medical condition or history will be kept separate from other employee information and maintained confidentially. Access to this information will be limited to those who have a legitimate need to know.
1A108 IMMIGRATION LAW COMPLIANCE In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a condition of employment, must complete the Employment Verification Form I-9 and present appropriate documents establishing identity and employment eligibility within the prescribed timeframe. Employees that are required to update their immigration records must do so prior to the expiration of their documents in order to continue employment.
1A109 NEPOTISM
Texas Government Code Chapter 573 states a public official of Hays County is prohibited from appointing or hiring an individual related within the third degree of consanguinity (blood) or within the second degree of affinity (marriage) to work in a department that he or she supervises or exercises control over. Hays County forbids the practice of nepotism in hiring employees or awarding contracts. No person may be hired who is related within the third degree by consanguinity (blood) or within the second degree by affinity (marriage) to any member of the Commissioners Court, or to the elected official or department head for whom they would work. Relatives of persons currently employed by Hays County may be hired only if they will not be a subordinate to or supervising the relative. This policy applies to any relative who has the authority to review work or make employment decisions regardless of their position in the organizational hierarchy. The hiring of relatives in the same area of an organization may cause serious conflicts and problems with favoritism and employee morale. In addition to claims of partiality in treatment at work, personal conflicts from outside the work environment can be carried into day-to-day working relationships.
Pursuant to Chapter 573 of the Texas Government Code, if an elected official is newly elected in the general election, they may supervise relatives only if the relative has already been working in the same position for at least one year prior to the election and will continue to work in that position. If an elected official is newly elected in an election other than the general election, they may supervise relatives only if the relative has already been working in the same position for at least six months prior to the election and will continue to work in that same position. If the elected official is appointed, they may supervise relatives only if the relative has already been working in the same position for at least 30 days.
Current Hays County employees cannot be transferred into a position that would create a supervisory or reporting relationship for a relative. If the relative relationship is established after employment, the individuals concerned will decide who is to be transferred. If that decision is not made within 30 calendar days of the
184 relationship establishment, a supervising elected official, appointed official, or department head will decide. In other cases where there is a conflict or the potential for conflict arises, even if there is no supervisory relationship involved, the parties may be separated by reassignment or terminated from employment.
A degree of relationship is determined under Texas Government Code Chapter 573. (See the charts that follow.)
Relationship of Consanguinity
1st Degree 2nd Degree 3rd Degree* 4th Degree*
great-grandchild, great-great-grandchild, grandchild, niece, grandniece, Person child or sister, nephew, grandnephew, parent brother or aunt,* first cousin, grand-parent uncle* or great aunt,* great-grandparent great uncle* or great-great- grandparent * An aunt, uncle, great aunt or great uncle is related to a person by consanguinity only if he or she is the sibling of the person's parent or grandparent.
Relationship of Affinity
1st Degree 2nd Degree
spouse, mother-in-law, brother-in-law, father-in-law, sister-in-law, Person son-in-law, spouse's grandparent, daughter-in-law, spouse's grandchild, stepson, grandchild's spouse or stepdaughter, spouse of grandparent stepmother or stepfather
185 Pursuant to Chapter 573 of the Texas Government Code, the ending of a marriage by divorce ends relationship by affinity unless a child of that marriage is living, in which case the marriage is considered to have continued for the purposes of nepotism.
1A110 DATING
Hays County recognizes that social dating and romantic relationships may develop between two employees. Employees who work in the same department and are dating have an obligation to inform their supervisor(s). Romantic or sexual liaisons that develop in the workplace are potentially problematic. Any relationship that results in performance problems, disruptive conduct, or affects county operations will result in disciplinary action up to and including termination. In cases where there is a conflict and the employees do not work in the same department, the parties may be disciplined up to and including termination of employment. Employees found to be engaging in sexual activity while on county time or in a county facility will be disciplined up to and including termination.
Hays County expressly prohibits supervisors to date or become intimately involved with employees they supervise. Supervisors who provide special benefits to employees whom they are dating are guilty of sexual discrimination and will be disciplined up to and including termination.
1A111 DRESS CODE AND CONDUCT
Hays County expects all employees to be well groomed, clean, and neat at all times and to dress according to the requirements of their positions. Each department head will determine the type of attire that is acceptable for their department.
Employees are required to act in a professional manner at all times and extend the highest courtesy to co-workers and to the public being served. A cheerful and positive attitude is essential to our commitment to customer service.
1A112 ORIENTATION AND TRAINING
Each new employee is required to attend an orientation on or before the first three days of employment. During orientation, the new employees will meet with the Treasurer’s Office to receive payroll, retirement, and accrued leave material dependent on eligibility. New employees will also meet with the Human Resources Department to complete required employment forms and to receive required policies and meet with the HR Benefits representative to receive material and information on insurance plans offered, dependent on eligibility.
186 Each new full-time employee is also required to attend a benefits enrollment session where they will meet with various insurance representatives and make insurance enrollment selections. The Benefits representative will schedule each new employee to attend the required benefit enrollment session.
Training an employee is the responsibility of the department head for which he or she works. Training is necessary to prepare the employee for new duties that are required for the employee’s current position. Whenever possible, employees receive on-the-job training under close supervision. If it is necessary to have two employees in one position in order to train a new employee, there must be funds available in the department’s budget to do so. Positions may not be shared for more than two weeks without Commissioners Court approval.
1A113 PERSONNEL FILES
The Hays County Treasurer’s Office retains basic employee information in an individual personnel file. This file includes all pertinent employment documents such as resume, application, insurance information, tax information, retirement information and other similar paperwork pertaining to the employee, as well as, records concerning performance and compensation.
It is important that the personnel records of Hays County be accurate at all times. In order to avoid issues, compromise benefit eligibility or have W2's returned, Hays County requests employees to promptly notify the Treasurer’s Office of any change in name, home address, telephone number, marital status, number of dependents, or any other pertinent information.
The Public Information Act allows county employees to keep certain personal information confidential: home addresses, personal telephone numbers, social security numbers, emergency contact information, and information that reveals whether the employee has family members. This information may be kept private by requesting in writing no later than 14 days after the first day of employment not to allow this information to be released to the public. To close or open public access at a later date, submit a request in writing to the Hays County Treasurer’s Office.
1A114 EMPLOYMENT VERIFICATION
The Hays County Treasurer’s Office responds to verifications of employment. Normally, responses to such inquiries will confirm only dates of employment, wage rates, and position(s) held. The Treasurer’s Office will only release public information. Any additional information will only be released with the employee’s authorization.
1A115 PERFORMANCE EVALUATIONS
187 Supervisors and employees are strongly encouraged to discuss job performance and goals on an informal day-to-day basis. Normally, formal performance evaluations are scheduled approximately every 12 months in June for all employees. Additional formal performance evaluations are conducted to provide both supervisors and employees the opportunity to discuss job tasks, correct weaknesses, encourage and recognize strengths, and discuss positive, purposeful approaches for meeting goals.
An employee’s progress will be carefully reviewed. Each formal evaluation will be given to the employee and discussed in detail by the supervisor and/or department head. The department head, or his or her designee, may conduct the employee discussion and review. Signed evaluation forms are to be forwarded to the Human Resources Office for permanent retention in the employee’s personnel file.
Evaluations do not change the employment at will status. The county retains the right to dismiss an employee at any time regardless of evaluation scores.
188 B. WORK RULES AND EMPLOYEE RESPONSIBILITY
1B101 TOBACCO AND VAPE FREE WORKPLACE
Hays County supports the health and wellness of employees and officials by discouraging the use of tobacco products and vapor delivery devices. Hays County prohibits the use of tobacco or vapor delivery devices within 15 feet of entrances to county buildings, within county buildings, and within county vehicles.
1B102 CONFLICT OF INTEREST, SOLICITATION AND INTER-DEPARTMENT COMMUNICATION
Employees of Hays County will not engage in any employment, relationship, or activity which could be viewed as a conflict of interest because of the potential or appearance of affecting the employee’s job efficiency, or which would reduce their ability to make objective decisions in regard to their work and responsibility as a Hays County employee.
Employees involved in conflict of interest situations will be subject to discipline, up to and including termination and these actions may have criminal consequences for employees.
Activities which constitute a conflict of interest will include but not be limited to:
soliciting, accepting, or agreeing to accept a financial benefit, gift, or favor, other than from the county, that might reasonably tend to influence the employee’s performance of duties for the county or that the employee knows or should know is offered with the intent to influence the employee’s performance;
accepting employment, compensation, gifts, or favors that might reasonably tend to induce the employee to disclose confidential information acquired in the performance of official duties;
accepting outside employment, compensation, gifts, or favors that might reasonably tend to impair independence of judgment in performance of duties for the county;
making any personal investment that might reasonably be expected to create a substantial conflict between the employee’s private interest and his or her duties for the county; or
189 soliciting, accepting, or agreeing to accept a financial benefit from another person in exchange for having performed duties as a county employee in favor of that person.
In an effort to assure a productive and harmonious work environment, persons not employed by Hays County may not solicit or distribute anything in the workplace at any time for any purpose without department head approval. Hays County recognizes that employees may have interests in events and organizations outside the workplace. However, employees may not solicit or distribute items concerning these activities during work time. Working time does not include lunch periods, work breaks or any other periods in which employees are not on duty. Employees also are prohibited from using county equipment to distribute or solicit such items.
From time to time an employee may be given directions from persons other than his or her immediate supervisor or department head. In such cases, it is the employee’s responsibility to notify his or her supervisor about the directions, their purpose, and relevant facts of the situation.
1B103 HARASSMENT
Hays County is committed to a workplace free of harassment. Harassment gender identity, transgender status, or sexual orientation, race, color, religion, national origin, age, genetic information, pregnancy, disability, FMLA or military leave status or veteran’s status. Such conduct becomes harassment when:
the submission to the conduct is made as a condition of employment;
the submission to, or rejection of, the conduct is used as the basis for an employment decision; or
the conduct creates an offensive, intimidating or hostile working environment or interferes with work performance.
Harassment is strictly prohibited by Hays County whether committed by an elected official, appointed official, department head, co-worker or non-employee with whom the county does business.
Employees who feel they have been harassed should immediately report the situation to the department head, elected official or appointed official who is responsible for the department in which they work. If the harassment is from the department head, elected official or appointed official, employees should report the situation to the Human Resources Director or the County Judge.
Retaliation against an employee who reports harassment or who cooperates in the investigation is prohibited by law as well as this policy. Employees who feel they have been subjected to illegal retaliation should immediately report the situation to
190 the department head, elected official or appointed official who is responsible for the department in which they work. If, for any reason, the employee feels that reporting the retaliation to the department head may not be the best course of action, the report should be made to the Human Resources Director or to the County Judge.
Once a report of harassment is received by a supervisor or department head, the Human Resources Director must be notified immediately.
Every reported complaint will be investigated promptly and thoroughly. The official or department head to whom a claim has been reported will be responsible for seeing that prompt action is taken to investigate the claim.
Remedial action will be taken in accordance with the circumstances when the county determines unlawful harassment or retaliation has occurred, up to and including termination.
1B104 SEXUAL HARASSMENT
Sexual harassment is strictly prohibited by Hays County, whether committed by elected official, appointed official, department head, co-worker or non-employee the county does business with. It is the policy of Hays County to provide a work place free from sexual harassment for all employees and to take active steps to eliminate any sexual harassment of which the County becomes aware.
Employees engaging in sexual harassment will be subject to discipline, up to and including termination of employment. Sexual harassment includes, but is not limited to, unwanted sexual advances, requests for sexual favors, and other verbal, non-verbal or physical conduct of a sexual nature, which includes slurs, jokes, statements, gestures, touching, pictures, emails or cartoons where:
the submission to such conduct is either an expressed or implied condition of employment;
the submission to or rejection of such conduct is used as a basis for an employment decision affecting the harassed person; or
the conduct has the purpose or effect of substantially interfering with an affected person’s work performance or creating an intimidating, hostile, or offensive work environment.
All claims of sexual harassment will be taken seriously and investigated promptly and thoroughly. While all claims of sexual harassment will be handled with discretion, there can be no complete assurance of full confidentiality.
Employees who feel they have been sexually harassed should immediately report the situation to the department head, elected official or appointed official who is
191 responsible for the department in which they work. If, for any reason, the employee feels that reporting the harassment to the department head may not be the best course of action, the report should be made to the Human Resources Director or the County Judge.
Once a report of harassment is received by a supervisor or department head, the Human Resources Director must be notified immediately.
The official or department head to which a claim has been reported will be responsible for seeing that prompt action is taken to investigate the claim. Use the following procedures so that the complaint may be resolved quickly and fairly.
when practical, confront the harasser and tell them to stop the unwanted behavior;
record the time, place and specifics of each incident, including any witnesses; and
report sexual harassment to the supervisor or department head responsible for the department or to the Human Resources Director.
If a thorough investigation reveals that unlawful sexual harassment has occurred, Hays County will take effective remedial action in accordance with the circumstances, up to and including termination.
Retaliation against an employee who reports sexual harassment or who cooperates as a witness in the investigation is prohibited by law as well as this policy.
Employees who feel they have been subjected to illegal retaliation should immediately report the situation to the department head, elected official or appointed official who is responsible for the department in which they work. If, for any reason, the employee feels that reporting the retaliation to the department head may not be the best course of action, the report should be made to the Human Resources Director or to the County Judge.
Remedial action will be taken in accordance with the circumstances when the county determines unlawful sexual harassment or retaliation has occurred, up to and including termination.
Reporting or failing to report claims in accordance with the procedure given in this policy does not limit other legal recourse an employee may have in regard to sexual harassment charges.
192 1B105 WORKPLACE VIOLENCE
Hays County is committed to providing a workplace free of violence. Hays County will not tolerate or condone violence of any kind in the workplace. Hays County will also not tolerate or condone any threats of violence, direct or indirect, including jokes. All threats will be taken seriously and will be investigated. Employees must refrain from any conduct or comments that might make another employee suspicious or in fear for their safety. Employees are required to report all suspicious conduct or comments to their immediate supervisor. Employees should be aware of their surroundings at all times and report any suspicious behavior from the public, former employees or current employees to their immediate supervisor or the Sheriff’s Office. Employees may possess a firearm or other weapon only if legally authorized. However, employees may not carry firearms in unauthorized locations within Hays County property. If employees believe that a person is violating this policy, they should immediately report the violation to their immediate supervisor or the Sheriff’s Office. Employees found in violation of this policy may be subject to discipline up to and including immediate termination.
1B106 GRIEVANCE PROCESS
The purpose of the Hays County grievance process is to settle grievances as quickly as possible to assure efficient work operations and maintain positive employee morale. Elected officials, department heads and supervisors are encouraged to work with employees to resolve grievances informally. A grievance may be filed by current employees on one or more of the following grounds:
improper application of Hays County rules, regulations, and procedures;
improper working conditions, and health and safety issues;
improper application of Hays County fringe benefits;
misapplication of a salary ladder;
harassment/retaliation; or
illegal discrimination based on sex, race, color, religion, national origin, age, genetic information, pregnancy, disability, FMLA or military leave status or veteran’s status.
The grievance process does not apply to:
performance evaluations; or
performance improvement plans.
193 No adverse action will be taken against an employee for exercising his or her grievance right. However, Hays County reserves the right to proceed with any disciplinary action that is not related to or in retaliation of the use of the grievance process. Further, the act of filing a grievance does not alter the employment at will relationship in any way. It is not considered proper use if an employee raises grievances in bad faith or solely for the purposes of delay or repeatedly raises grievances that are without merit.
If the employee wishes to appeal, they must appeal to the next step of the grievance process within the stated time period or lose the right to carry the case any further. Once a grievance is appealed to the Employee Grievance Committee and a decision is reached, that decision is final. Grievances will not be accepted regarding the same incident or issue without substantial new evidence that was not considered in the previous investigation. Final decisions on grievances will not set precedence nor bind any circumstance except the specific complaint that is in question.
INFORMAL DEPARTMENT LEVEL GRIEVANCES
The first step in the grievance process is for the employee to attempt to resolve the grievance by an informal conference with their supervisor. If this informal conference does not result in a resolution of the problem(s) that is satisfactory to the employee, then the employee must file the grievance with their department head, elected official or appointed official. If this too does not result in a resolution that is satisfactory to the employee, he or she must file a formal, written grievance.
FORMAL GRIEVANCES
Formal grievances must be in writing, signed by the employee and presented to the Human Resources Director within 14 calendar days after the alleged grievance occurred. If the grievance is against the Human Resources Director, then it will be filed with the Commissioners Court members. A statement of the specific remedial action requested by the employee must be included in the written grievance.
An employee may be represented throughout the formal grievance process by another county employee of his or her choosing provided that the employee chosen has not been an employee representative in any other grievance proceeding within the previous 12-month period. After being presented with a written and signed grievance, the Human Resources Director or Commissioners Court representative will:
Meet with the employee and other persons as may be necessary to gather the facts.
Attempt to resolve the grievance with the employee.
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Communicate the decision to the employee in writing within 14 calendar days after the receipt of the formal grievance. More time may be requested to allow adequate investigation.
If the complainant is dissatisfied with the findings of the investigation, they may appeal to the Employee Grievance Committee.
APPEALS TO THE EMPLOYEE GRIEVANCE COMMITTEE
An employee may appeal the written decision of the Human Resources Director or Commissioners Court representative to the Hays County Employee Grievance Committee within 14 calendar days of receiving the written decision of the formal grievance. During the Employee Grievance Committee hearing, the Human Resources Director or Commissioners Court representative will be allowed to submit any evidence gathered during any previous investigation. The Human Resources Director or Commissioners Court representative will remain as part of the Employee Grievance Committee even though they may have conducted a separate investigation into these matters.
The Commissioners Court will appoint the Employee Grievance Committee. If a committee member has a personal relationship to the incident or any party involved that would constitute a conflict of interest, the remaining committee members must appoint an alternate for the remainder of this grievance. All members of the committee must be present for a quorum.
An appeal to the Employee Grievance Committee will be the last step of the grievance procedure. The employee will have 14 calendar days after receiving the formal written decision by the Human Resources Director or Commissioners Court representative from the Formal Grievance to submit an appeal to the Employee Grievance Committee. Failure to submit the appeal in the required time period will result in the rejection of the grievance. If an appeal is accepted, all parties must abide by the solution(s) proposed. The appeal must be in writing and include the following:
the complainant’s name, job title, immediate supervisor, and department head;
the full complaint including details of events;
the action(s) the complainant has taken to solve the problem;
response from each level of management to all aspects of the complaint; and
recommended action to solve the problem.
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Parties will be notified in writing no less than 14 calendar days before, of all dates and times set for the hearings. All parties to the grievance will have the right to be represented and or accompanied by one other person. They also have the right to attend all formal hearings involving their case. Committee proceedings will be conducted as a formal hearing. Subject to the rules of natural justice the committee will, at its absolute discretion, decide all matters of procedure and evidence. The committee has the right and obligation to investigate all aspects of the grievance. All proceedings for the Employee Grievance Committee will be kept confidential. All formal hearings will be tape recorded for investigative reference.
The parties involved in the grievance may present witnesses and evidence. Any evidence involved in the grievance either oral or written must be submitted to the committee during the hearing process. A list of all witnesses to be called as well as a copy of all evidence must be submitted to the committee within three calendar days prior to the hearing. Failure or refusal to produce such evidence, withholding evidence or false representation of evidence will be considered as insubordination and proper disciplinary action may be taken. The committee reserves the right to call further witnesses as well as to request and submit additional evidence during the investigation process. The committee is empowered to decline evidence or witness testimony when it cannot be shown to be relevant to the case under consideration. Both parties have the right to examine all evidence and question witnesses during the formal proceedings. The committee will determine the date by which final submissions are to be made. No party to the grievance will be present while the committee considers its decision. The committee has the right to seek legal advice. It also has the right to re-examine any evidence presented in the formal hearings.
The Employee Grievance Committee will prepare a written report of its findings and its determination as to whether the grievance is or is not well founded. The committee will include in the report a proposal for the solution to the grievance. Disciplinary action may be taken up to and including termination, if the committee finds that a party in the grievance has performed an action that warrants such discipline. The decision of the Employee Grievance Committee is final.
Reporting or failing to file grievances in accordance with the procedure given in this policy will not limit other legal recourse an employee may have in regard to harassment claims.
1B107 POLITICAL ACTIVITY
196 Employees of Hays County have the right to support candidates of their choice and to engage in political activity during their personal time only. Hays County employees will not participate in political activities while on county duty, including but not limited to wearing campaign clothing. Employees are expected to remove county uniforms before participating in political activity. In addition, no county owned property, vehicle, building, equipment, material and/or office may be used for displaying campaign materials or for conducting any partisan political activity.
County employees are not required to contribute to any political fund or render any political service to any person or party.
This section does not apply to the use of the courthouse, courthouse grounds or county buildings when used for the purpose of political announcements approved by Commissioners Court.
Any county employee who is subject to the provisions of the federal Hatch Act may not be a candidate for an elective position in a partisan election. A partisan election is an election in which the candidates are to be nominated or elected to represent a party. County employees are subject to this additional Hatch Act restriction if their principal employment is in connection with an activity that is financed in whole or part by loans or grants made by the federal government.
Hays County employees will not:
use their official authority or influence to interfere with or affect the result of any election or nomination for office; or
directly or indirectly coerce, attempt to coerce, command, or advise another person to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for a political reason.
1B108 OUTSIDE EMPLOYMENT
New employees must notify their immediate supervisor of any outside employment when they are hired by Hays County. If there is a conflict of interest, the employee will be required to terminate the outside employment.
Employees may accept outside employment while employed with Hays County as long as their outside employment and volunteer activities do not create a conflict of interest or the appearance of one. Express prior approval must be in writing from the immediate supervisor before accepting the outside job, including self- employment. Hays County employees are expected to give their full and undivided attention to their job duties. If a department head, elected official or appointed official determines that an employee’s outside work interferes with their performance or the ability to meet the requirements of Hays County, the employee may be asked to terminate the outside employment.
197 Employees may not receive any income, compensation or personal gain from individuals other than Hays County for materials produced or services rendered while performing their Hays County jobs. Employees also may not use Hays County facilities, property, or equipment for outside employment, income, compensation, or personal gain unless authorized by the Commissioners Court. Employees should not use their association with Hays County to carry on a private business or profession.
1B109 DISCIPLINE
Each supervisor has the authority to administer discipline to employees in their department for poor performance, violation of policies, disruptive behavior, or any other behavior or activity which the supervisor feels is not acceptable as it relates to the employee’s job or the best interest of the department or Hays County.
Depending on the severity of the situation, discipline may range from informal counseling up to and including immediate termination.
When determining disciplinary action, the supervisor may consider previous infractions although they might not be for the same violation. The supervisor may choose any or none of the following disciplinary actions for a violation. They may choose to perform these actions in any order.
Oral Warnings – Oral warnings are given verbally to the employee by a supervisor or department head and documented by the official, department head, or supervisor in the form of a summary. There may be situations that it is recommended to have a presence of a witness.
Written Reprimand – Written reprimands are given with an oral discussion. The supervisor, department head and employee must sign the reprimand. The employee’s signature on a written reprimand does not mean that the employee is admitting guilt; they are simply acknowledging the receipt of the reprimand. The employee may submit a rebuttal statement within 14 calendar days of receiving the reprimand. If he or she does not submit a rebuttal statement, it will be assumed that the employee agrees with the description of unacceptable conduct as stated. If the employee refuses to sign the reprimand, a witness may sign that the employee received a copy of the reprimand and he or she refused to sign it.
Reduction in Pay – As a disciplinary measure, an employee’s pay may be reduced for doing the same job. The reduction cannot exceed 6% of the employee’s current salary and must be documented as temporary or permanent and given with a written reprimand. If permanent, the employee’s previous salary may not be reinstated but the employee may receive merit or promotion salary increases.
198 Demotion – As a disciplinary measure, an employee may be demoted to a lesser paying or less responsible position. The demotion must be documented as temporary or permanent and given with a written reprimand. Refer to DEMOTIONS Section 2A113 for salary administration guidelines.
Suspension from Duty – An employee may be suspended with or without pay for up to 30 calendar days as a disciplinary measure. The suspension must be given with a written reprimand.
Termination - An employee may be terminated at any time with or without notice.
All County employees are “at will” employees and nothing in this policy gives an employee any contract of employment, guarantee of any duration of employment, or any other property interest in his/her job.
Hays County retains the right to terminate the employment of any individual at any time for any legal reason, or no reason, with or without notice. The County also retains the right to change any condition, benefit, privilege, or policy of employment at any time, with or without notice.
1B110 LICENSE AND CERTIFICATIONS
Hays County has many positions that require licenses and certifications. It is the responsibility of each employee to maintain all required licenses and certifications. If an employee is unable to renew or loses a license or certification, they must immediately notify their supervisor. If this license is a requirement for the position, the employee may be demoted, transferred or terminated. Under no circumstances will the employee be allowed to continue in the position where a license or certification is required if failure to have such license or certification is illegal under either Federal or State Law.
1B111 CONFIDENTIALITY
Hays County is a public entity, however, some county employees acquire confidential and non-public information as a result of their position with the county. This information must be protected. Employees who reveal confidential and non- public information they possess as a result of their position may be subject to discipline up to and including termination.
The county will adhere to the Public Information Act requirements for the release of information maintained in employee personnel file.
The Public Information Act allows county employees to keep their home addresses, home telephone numbers, social security numbers, emergency contact information, and information related to family members confidential. Employees
199 may keep this information private by requesting in writing no later than 14 calendar days after their first day of employment not to allow this information to be released to the public. If employees wish to close or open public access to their information at a later date, they must submit a request in writing to the Hays County Treasurer’s Office.
1B112 REPORTING FRAUD
One of the ways employees can help protect the public trust is to report instances of fraud or abuse of authority by county employees. Fraud can involve employees, vendors, volunteers, and external organizations doing business with the county. Fraud must be reported to an employee’s supervisor. Reports of fraud may also be reported to the Hays County Auditor, who oversees all fraud reporting, the District Attorney or appropriate law enforcement officer.
Examples of fraud include, but are not limited to, the following:
Missing Cash Theft of Equipment and Supplies
Embezzlement Inspection Kickbacks/Bribery
Timesheet Fraud Conflict of Interest
Falsified Documents Workers’ Compensation Abuse
Personal Use of County Assets Vendor Kickbacks
Retaliation against or penalizing any employee for reporting fraud, giving testimony, or cooperating with an audit investigation proceeding or hearing is prohibited. Appropriate disciplinary action will be taken against those found to have retaliated against the employee. See Appendix 1 Antifraud Policy for steps and procedures for reporting fraud.
1B113 WHISTLEBLOWER
An employee may, in good faith, report an alleged violation of a Hays County policy or federal or state law to their elected official, department head, supervisor, or the Hays County Auditor, unless all of these persons are the alleged perpetrators of the alleged violation of policy or law. If all of the listed persons are alleged to be involved in the violation, the employee may report the allegation to the County Judge, District Attorney or the Hays County Sheriff. The county will investigate the reported activity.
An elected official, appointed official, department head, supervisor or any other employee is prohibited from taking adverse employment action against an
200 employee who, in good faith, reports an alleged violation of Hays County policy or federal or state law to a designated person, pursuant to this policy.
An employee who intentionally makes a false report of wrongdoing may be subject to discipline up to and including termination.
An employee who, in good faith, believes he or she is being subjected to retaliation based on a report of alleged wrongdoing under this policy should immediately contact the Human Resources Director or County Judge.
Contact the Hays County Auditor for questions regarding this policy. See Appendix 2 Whistleblower Policy for steps and procedures.
201 C. COUNTY PROPERTY AND EMPLOYEE RESPONSIBILITY
1C101 COUNTY PROPERTY USAGE
Each Hays County employee is responsible for the care, maintenance, proper use, and upkeep of any County equipment assigned to them. County employees will only use equipment, tools, and other county property that they are authorized to use. Hays County does not permit anyone to use county paid postage for personal use. Personal use of county equipment, supplies, tools, and any other county property is not permitted unless authorized by the Commissioners Court and may result in discipline up to and including termination. Improper use may subject employees to criminal prosecution.
Employees must return all Hays County property immediately upon request or upon termination of employment. Where permitted by applicable laws, Hays County may withhold from the employee’s paycheck the cost of any items that are not returned when required. Hays County may also take all action deemed appropriate to recover or protect the property.
1C102 COUNTY CREDIT CARDS
In rare cases, credit cards are needed when it is not practical to wait for issuance of a check or if a purchase order is not acceptable. Departments needing a credit card must have prior approval from Commissioners Court before a credit card will be issued to them and the department head must sign off on the “Hays County Policy for Credit Card Use” form. Credit cards are to be used for county business only and receipts must be turned in to Accounts Payable within 72 hours. Unauthorized or personal use of Hays County credit cards is strictly prohibited and may result in disciplinary action up to and including termination.
1C103 COUNTY ISSUED KEYS AND BADGES
Hays County employees that are issued keys or badges to facilities or equipment will be required to sign the key agreement and/or badge agreement. Employees are solely responsible for any keys or badges issued to them. Any violation of this policy will result in disciplinary action up to and including termination. Employees must strictly adhere to the following:
employees will not attempt to duplicate or knowingly permit the duplication of any key or badge;
employees will not loan out any key or badge to any person whether to an employee or non-county personnel, unless given written consent by their department head;
202 employees must report any lost or stolen keys or badges to their department head immediately.
employees are responsible to pay $15.00 for the replacement of lost or stolen keys and/or employee badges;
employees must return all keys and badges upon request or termination of employment; and
the employee’s last paycheck will reflect payment to replace the locks for any key that is not returned.
1C104 COUNTY VEHICLE USAGE
Some employees may be required to use county vehicles as a part of their job. Employees who are assigned county vehicles will be responsible for the care, maintenance, proper use and upkeep of these vehicles. Employees may only use the vehicles they are authorized to use. Employees may not allow non-county employees to operate the vehicles they have been assigned.
With the exception of Law Enforcement Officers and Emergency Management personnel hired prior to October 1, 2015, employees within the positions listed above may not take a county vehicle home without Commissioners Court approval unless they reside: a) in Hays County or b) within 20 miles from their principal office location if they reside outside of Hays County. All employees hired on or after October 1, 2015 for any position listed above must reside: a) in Hays County or b) within 20 miles from their principal office location if they reside outside of Hays County, in order to take a county vehicle home without Commissioners Court approval.
Employees who operate vehicles must maintain a current active license for the operation of that vehicle. If they have any change in status of their license they must immediately notify their supervisor and the Human Resources Director. An employee whose job involves operation of a vehicle requiring a license for its legal operation will be subject to possible job change, demotion or termination if that license is suspended or revoked.
An employee whose job involves operation of a vehicle or equipment requiring a license for its legal operation, but who is deemed ineligible to operate county vehicles or equipment, regardless of whether the license is still active, will be subject to possible job change, demotion or termination.
Any employee involved in an accident while operating Hays County equipment or vehicles will immediately report the accident to his or her supervisor and to the proper law enforcement or other authority immediately. Employees must submit to a drug and alcohol screening by the end of the day of the accident. A copy of all
203 accident and incident reports prepared by the employee will be sent to the supervisor and the Human Resources Director.
For a complete Use of County Equipment and Vehicles Policy see Appendix 3 Use of County Equipment and Vehicles.
1C105 PERSONAL VEHICLE USAGE ON COUNTY BUSINESS
Employees who drive personal vehicles to perform county business are required to maintain state minimum liability vehicle insurance coverage. Failure to maintain insurance or a valid driver license could result in disciplinary action up to and including termination. Employees may not drive their vehicle on county business if their license has been suspended or revoked. Doing so could result in disciplinary action up to and including termination.
For a complete Use of County Equipment and Vehicles Policy see Appendix 3 Use of County Equipment and Vehicles.
1C106 CELL PHONE USAGE
Certain Hays County positions will require a Hays County provided cell phone. Hays County cell phones are to be used for business purposes only. In some cases, employees will receive a phone stipend for using a personal phone when required for county business.
Hays County discourages employees from using cellular phones while driving a Hays County owned/leased vehicle, including any machinery. Employees are advised to use hands free methods to communicate on a cell phone. Employees should either stop the vehicle to safely use the cell phone or advise the caller that they will be contacted when the employee is not driving.
Hays County requires employees to adhere to state law regarding texting and driving. County employees who are driving a personal vehicle are also banned from texting while driving on county business. Federal law prohibits any CDL driver operating any vehicle over 10,000 GWR from texting. Doing so may result in fines and penalties, up to and including loss of CDL.
Employees in possession of a Hays County owned cellular phone are required to take appropriate precautions to prevent theft and vandalism.
Each department head may set rules and regulations regarding personal cell phone usage while at work.
For complete guidelines see Appendix 4 Landline and Cell Phone Policy.
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1C107 COMPUTER AND INTERNET USAGE
The use of Hays County information systems, including computers, fax machines, smart phones, tablet computers and all forms of Internet/Intranet access, is for Hays County business and for authorized purposes only. Brief and occasional personal use of the Internet is acceptable as long as it is not excessive or inappropriate, occurs during personal time (lunch or other breaks), and does not result in any expense to the County.
Use is defined as "excessive" if it interferes with normal job functions, responsiveness, or the ability to perform daily job activities. Electronic communication should not be used to solicit or sell products or services that are unrelated to Hays County's business, distract, intimidate, or harass coworkers or third parties, or disrupt the workplace.
Use of Hays County computers, networks, and Internet access is a privilege granted by department heads and may be revoked at any time for inappropriate conduct carried out on such systems. Improper use may result in discipline up to and including termination.
Reasonable efforts must be made by all users to preserve the overall security of all computers, e-mail, and Internet systems used by Hays County. The information in all computer systems must be protected against unintentional damage due to human and technical errors. Doing regular backups for each system can offer some insurance for this. Information Technology will be responsible for protecting the primary or central systems. Each individual user will be responsible for backing up their computer.
Other protective efforts include maintaining an updated, proper and secure password. Passwords should be changed often and never shared. A forgotten password or unauthorized use of a password should be reported to Information Technology at once.
Attempts to access unauthorized information, files, or a system are violations of this policy and will result in disciplinary action up to and including termination of employment. Employees that find they accidentally have access to something they should not, should report the gap in security to Information Technology at once. Employees should refrain from investigating any area that they do not have express authority to review.
E-mail is public record and subject to public record regulations with respect to inspection, disclosure, scheduled retention and disposition. Hays County owns the rights to all data and files in any computer, network, or other information system used in the county. Hays County also reserves the right to monitor electronic mail messages (including personal/private/instant messaging systems, Facebook, twitter, etc.) and their content, as well as any and all use of the Internet and of computer equipment used to create, view, or access e-mail and Internet content.
205 Employees must be aware that the electronic mail messages sent and received using Hays County’s equipment are not private and are subject to viewing, downloading, inspection, release, and archiving by county officials at all times. Hays County has the right to inspect any and all files stored in private areas of the network or on individual computers or storage media in order to assure compliance with policy and state and federal laws. No employee may access another employee's computer, computer files, or electronic mail messages without prior authorization from either the employee or an appropriate county official. No employee will break any copyright laws, download any illegal or unauthorized documents or files. Hays County monitors its entire informational systems and employees may be subject to discipline up to and including termination for any misuse of county informational systems.
Employees should not connect personal computers or equipment to Hays County electronic systems, unless expressly permitted to do so by their supervisor and or the Information Technology Department. Violation of this policy, may result in disciplinary action, up to and including termination of employment.
Every elected official and employee has a responsibility to maintain and enhance Hays County’s public image and to use the county e-mail and access to the Internet in a productive manner. Messages or information sent by elected officials or employees are a reflection on Hays County. Each elected official or employee is responsible for the content of all text, audio, or images that they place or send over the county’s e-mail and Internet system. Employees are expected to communicate in a professional manner that will reflect positively on them and Hays County. While some users might include personal “disclaimers” in electronic messages, there is still a connection to the county, and the messages might be tied to the county. Users are encouraged to use some constraint in reacting to messages. Do not send emotional responses.
The following guidelines have been established for using e-mail and the Internet:
The County e-mail and Internet access may not be used for transmitting, retrieving, or storing any communications or materials that are obscene, sexually explicit or X-rated. Hays County has a zero tolerance policy in such cases. Such improper use of county equipment will result in immediate termination.
The County e-mail and Internet access may not be used for transmitting, retrieving, or storing any communications of a discriminatory, or harassing nature. No e-mail messages with derogatory or inflammatory remarks about an individual's race, age, sexual orientation, disability, religion, national origin, physical attributes or sexual preference will be transmitted.
No abusive, profane, or offensive language is to be transmitted through the county’s e-mail system or accessed on the Internet.
206
The County e-mail and Internet access may not be used for transmitting, retrieving, or storing any communications that are intended to threaten or instill fear in the recipient.
Electronic media may not be used for any purpose that is illegal, against county policy, or contrary to the County’s best interest.
Solicitation of non-county business or any use of the county e-mail system or Internet access for personal gain is strictly prohibited.
No e-mail or other electronic communications may be sent which hides the identity of the sender, represents the sender as someone else, or represents the sender as someone from another company or county. All messages communicated on the county e-mail or Internet system should contain the elected official or employee’s name.
The County Network may not be used to express any views or ideas that are contrary to official policy. All communications must comply with county policy. Communications cannot disclose any confidential or proprietary County information.
See Appendix 5 for a complete copy of the Hays County Email Policy.
1C108 PROPERTY DAMAGE
Any damage to a citizen’s property or Hays County property in the course of an employee’s work must be reported to the supervisor immediately and remain at the scene until released by law enforcement. The supervisor will notify the property owner and the Human Resources Department.
Any vehicle or equipment accident that causes damage to county or personal property will require that the employee be tested for drugs and alcohol by the end of the day of the accident. Failure to comply could result in disciplinary action up to and including termination.
1C109 SOCIAL MEDIA
For purposes of this policy “social media” includes, but is not limited to, online forums, blogs and social networking sites, such as Twitter, Facebook, LinkedIn, YouTube, SnapChat, and MySpace.
207 Hays County recognizes the importance of social media. Use of social media by employees may become a problem if it interferes with the employee’s work, is used to harass supervisors, co-workers, customers or vendors, creates a hostile work environment, or harms the goodwill and reputation of Hays County among the community at large. Hays County encourages employees to use social media within the parameters of the following guidelines and in a way that does not produce the adverse consequences mentioned above.
Where no policy or guideline exists, employees are expected to use their best judgment and take the most prudent action possible. If uncertain about the appropriateness of a social media posting, check with the manager or supervisor.
If posts on social media mention Hays County, make it clear that the views posted do not represent the views of Hays County.
Do not mention Hays County supervisors, employees, customers or vendors without their express consent.
Employees are personally responsible for what they write or present on social media. Individuals can be sued by other employees, supervisors, customers or vendors, and any individual that views social media posts as defamatory, pornographic, proprietary, harassing, libelous or creating a hostile work environment. Employees can be subject to disciplinary action, up to and including termination for what they post on social media platforms, even if the employee did not use a county computer or if the post did not occur during work hours or on county property.
Employees may not use Hays County computer equipment for non-work related activities without written permission. Social media activities should not interfere with duties at work. Hays County monitors its computers to ensure compliance with this restriction.
Employees must comply with copyright laws, and cite reference sources accurately.
Employees are not permitted to link to Hays County’s website or post Hays County material on a social media site without written permission from their supervisor.
All Hays County policies that regulate off-duty conduct apply to social media activity including, but not limited to, policies related to illegal harassment and code of conduct.
Any confidential information that employees obtained through a position at Hays County must be kept confidential and should not be discussed through a social media forum.
208 Violation of this policy may lead to discipline up to and including the immediate termination of employment.
It is the recommendation of Hays County that supervisors do not engage in social media activities with their employees.
See Appendix 6 for a complete copy of the Hays County Social Media policy.
209 D. SAFETY AND HEALTH EMPLOYEE RESPONSIBILITY
1D101 WORKERS’ COMPENSATION
Hays County provides workers’ compensation insurance for employees who sustain a job related illness or injury. Workers’ Compensation coverage pays for medical bills resulting from a covered injury or illness an employee incurs while carrying out the duties of their job. Hays County provides salary continuation during the 40 hour waiting period. Afterwards, workers’ compensation will pay Temporary Income Benefits (TIBs) for time lost from work in excess of 40 hours as the result of eligible work related injuries or illnesses. Employees may not utilize accrued leave during absences for workers’ compensation injuries. Additional benefits may be applicable in the event of an eligible serious injury or death.
Employees must immediately seek proper first aid treatment for all on-the-job injuries, including minor injuries. Any employee who suffers a job related illness or injury, no matter how minor, is required to notify their supervisor immediately. The supervisor is responsible for filing an Accident Report with the Human Resources Department immediately upon being notified of the incident. Failure to promptly report job related injuries or illnesses may affect an employee’s eligibility for benefits or delay benefit payments.
Employees injured while at work must submit to a drug and alcohol screening by the end of the day of the accident. This screening is required regardless of whether the employee needs medical treatment or not. Refusal to test may result in disciplinary action up to and including termination.
All workers’ compensation time off requires medical certification, therefore, the employee must seek medical treatment immediately. Employees that may have been exposed to communicable diseases or exposure to body fluids must seek medical treatment within 24 hours.
An employee’s workers’ compensation benefits may be adversely affected if the employee is injured while under the influence of alcohol or non-prescribed drugs or while the employee is engaging in horseplay or intentional injury to oneself.
Any change in the employee’s condition must be communicated to the supervisor and the Hays County Human Resources Department. While on workers’ compensation leave, the injured employee is responsible for:
maintaining weekly contact with their supervisor and Hays County Human Resources Department;
keeping all medical appointments and follow the prescribed treatment;
210 not engaging in activities that would aggravate or worsen the condition or delay recovery;
providing required/requested documentation to their supervisor and Hays County Human Resources Department; and
complying with “Return to Work” directives once released by physician.
Failure to meet responsibilities could result in loss of benefits and possible disciplinary action up to and including termination.
Before an employee may return to work, the Hays County Human Resources Department must receive a DWC-73 or authorization from the physician that certifies the employee has been released to “Return to Work”. This documentation communicates if the release is with or without restrictions.
If an employee is released to work with restrictions or limitations, the supervisor and Hays County Human Resources Department will make every effort to place the employee in a temporary position with reasonable accommodation. Restricted duty may require the employee to work in a different department and perform different tasks. Restricted duty assignments may not exceed 90 days.
When an employee is assigned to a temporary light duty, they may be paid the rate of pay for the restricted duty position. In this situation, an employee may receive reduced workers’ compensation TIBS.
A bona fide job (work) offer will be tendered to the employee outlining the conditions, extent, and duration of the restricted duty position. An employee who refuses a bona fide offer may forfeit workers’ compensation benefits.
All eligible employees who are placed on Worker’s Compensation leave will fall under the Family Medical Leave Act (FMLA) pursuant to FMLA regulations. Hays County will run FMLA and workers’ compensation concurrently.
Holiday Pay is not granted to employees on workers’ compensation leave. When on workers’ compensation, if absent for 30 calendar days, accruals for sick and vacation leave will be suspended until the employee returns to work.
Timesheets must reflect the hours and days off due to workers’ compensation. Notification of the employee’s return to work must be communicated to their supervisor, Hays County Human Resources Department and Treasurer’s Office by the employee so payroll benefits and accruals may resume.
Hays County will continue to provide medical, dental and life insurance coverage for employees on workers’ compensation leave for a period not to exceed 180 calendar days of absence. Employees on workers’ compensation leave will be responsible for paying all supplemental or dependent coverage by the 5th working
211 day of each pay period to the Treasurer’s Office. Failure to do so may cause the coverage to be canceled.
1D102 EMPLOYEE SAFETY
Hays County is committed to providing a safe workplace for our employees.
Each County employee must adhere to the general safety standards established for all employees as well as comply with their departmental safety requirements. Safety procedures may differ at each county department. Supervisors will provide employees with specific information pertaining to their position.
Failure to follow the safety standards set by Hays County or a supervisor subjects an employee to disciplinary action, up to and including termination.
Employees who see unsafe working conditions will either take steps to correct those conditions or report the unsafe conditions to their supervisor.
1D103 CONTAGIOUS DISEASES
In the interest of workplace health and safety, it is highly recommended that employees disclose any health conditions that could be detrimental to the work environment, co-workers, customers, and the public. An employee that has contracted an airborne contagious disease or has a highly contagious medical condition, should consider who they have been in contact with. If an employee feels that they have exposed co-workers or members of the public to such an illness, they should contact the Human Resources Department immediately. HIPAA compliance procedures will be followed and respect for employee personal privacy will be of utmost importance when addressing such concerns.
1D104 DRUG AND ALCOHOL- ALL EMPLOYEES
Hays County is a drug and alcohol free workplace. Hays County employees may not be present at work during a period when the employee’s ability to perform his or her duties is impaired by drugs or alcohol. The County believes that a drug and alcohol free workplace will help ensure a healthy, safe, and secure work environment.
While on Hays County premises and while conducting county business-related activities off Hays County premises, no employee may use, possess, distribute, sell, or be under the influence of alcohol or illegal drugs. An employee may use prescription and over-the-counter drugs in standard dosage or according to a physician’s prescription if the use will not impair the employee’s ability to do his or her job safely and effectively and does not endanger other individuals in the
212 workplace. An employee must keep prescription medications used at work in their original container.
If the use of a medication could compromise an employee’s ability to do his or her job or the safety of the employee, fellow employees or the public, the employee must report the condition to his or her supervisor at the start of the workday or use appropriate personnel procedures (e.g., call in sick, use leave, or request change of duty).
Supervisors must immediately report to the any action by an employee who demonstrates an unusual behavior pattern.
A supervisor must treat any information related to an employee’s authorized use of prescription medications and any other medical information provided by the employee as confidential information.
An employee having problems with drugs or alcohol is encouraged to seek treatment from a qualified professional. Information on benefits available for treatment of alcohol and drug abuse provided by the county’s health plan program can be found in the employee’s health plan booklet or from the Human Resources Office.
Any employee who violates this policy will be subject to disciplinary measures up to and including termination.
To help ensure a safe and healthy work environment, job applicants and current employees may be asked to submit to a drug and/or alcohol test. Refusal to submit to drug testing or the failure of a drug test may result in not being hired, or disciplinary action, up to and including termination of employment.
Failure to comply with these provisions or any of the Drug Free Workplace Act’s other requirements can result in serious consequences. If an employee is convicted of a drug crime that occurred in the workplace, Hays County must take certain actions against the employee and notify the contracting or granting government agency. If a contractor violates the above-stated requirements, their contract may be suspended or terminated.
1D105 DRUG AND ALCOHOL- CDL EMPLOYEES
Hays County prohibits CDL employees from being under the influence of or using illegal drugs or alcohol during working hours.
The Federal Highway Administration (FHWA) has issued regulations, which require the county to implement a controlled substance testing program. All CDL drivers are advised that remaining drug-free and medically qualified to drive are conditions of continued employment with Hays County.
213 Specifically, it is the policy of Hays County that the use, sale, purchase, transfer, possession or presence in one's system of any controlled substance (except medically prescribed drugs) or alcohol by any CDL driver while on county premises, engaged in county business, while operating county equipment, or while under the authority of the county is strictly prohibited. Mandatory testing must apply to every person who operates a commercial motor vehicle in interstate or intrastate commerce and is subject to the CDL licensing requirement. Hays County will conduct pre-employment, random, reasonable suspicion and post-accident drug testing in accordance with federal law.
A separate Hays County DOT CDL policy and The Effects of Alcohol and Controlled Substance is provided to all CDL licensed employees for their signed acknowledgement and receipt.
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SECTION 2: EMPLOYEE COMPENSATION AND BENEFITS
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A. EMPLOYEE PAYROLL
2A101 FAIR LABOR STANDARDS ACT SAFE HARBOR
Hays County makes every effort to pay its employees correctly. Occasionally, however, inadvertent mistakes can happen. When mistakes happen and are called to the County Treasurer’s attention, Hays County will promptly make any corrections necessary. Employees should review their pay stub once they receive it to ensure accuracy. If a mistake has occurred or if there are any questions, employees must contact the Hays County Treasurer’s Office immediately. If overpaid or underpaid, the county will make the necessary corrections at the next payroll or in a reasonable time period.
Employees who are in non-exempt positions must maintain an accurate record of the total hours worked each day. It is the responsibility of each employee to verify that their timesheets are correct. Timesheets must accurately reflect all regular and overtime hours worked, any absences, late arrivals, early departures, and meal breaks. Timesheets must not be signed or submitted unless they are accurate. When employees receive each pay check, they should verify immediately that they were paid correctly.
Non-exempt employees, unless approved by the supervisor, must not work any hours that are not authorized. Employees should not start work early, finish work late, work during a meal break, or perform any other extra or overtime work unless authorized to do so. Time worked is to be recorded on the employee’s timesheet. Employees are prohibited from performing any "off-the-clock" work. "Off-the-clock" work means work performed but not reported on the employee’s timesheet. Any employee who fails to report or inaccurately reports hours worked will be subject to disciplinary action, up to and including termination. If anyone directs an employee to work without documenting time worked, the County Treasurer or the Human Resources Director must be notified.
It is a violation of Hays County policy for any employee to falsify a timesheet, or to alter another employee's timesheet. It is also a violation of Hays County policy for any employee, supervisor or official to instruct another employee to incorrectly or falsely report hours worked, or to alter another employee's timesheet to under- or over-report hours worked. If anyone instructs someone to incorrectly or falsely under- or over-report hours worked, or alter another employee's time records to inaccurately or falsely report that employee's hours worked, it should be immediately reported to the Hays County Treasurer or the Human Resources Director.
Employees in an exempt position will receive a salary which is intended to compensate them for all hours worked for the County. This salary will be established at the time of hire. While it may be subject to review and modification from time to time, the salary will be a pre-determined amount for each pay period.
216 Salary is not a designation of exempt or nonexempt status. Both exempt and nonexempt employees may be paid a salary. The salary for both exempt and nonexempt employees may be reduced for leave bank shortfalls. Department heads will determine schedules for all employees. All time worked is to be recorded on a timesheet. Timesheets will be kept for all employees. Nonexempt employees are required to record all hours worked. Department heads may determine if exempt employees record their time by the hour. At a minimum, exempt employees must record their time at least by the day. Elected Official/Department Head discretion, exempt employees may be required to record all hours worked without affecting their exempt status. Exempt employees will only have their salaries reduced for leave bank shortfalls of one full working day or more.
For questions about pay, employees should immediately contact their supervisor or the Treasurer’s Office. For any concerns about improper deductions or pay that does not accurately reflect hours worked, immediately report the matter to the Hays County Treasurer’s Office.
2A102 INTERNAL REVENUE SERVICE (IRS) FRINGE BENEFITS
Hays County will comply with the IRS regulations regarding fringe benefits such as county uniforms, county vehicle usage and day-trip meals. Employees may be responsible for paying payroll taxes on such fringe benefits.
2A103 COMPENSATION
Pay for county elected officials and employees are set each year by the Commissioners Court through the adoption of the county budget. Commissioners Court also establishes rules governing salary administration and pay classification.
The county maintains a classification plan that applies to all employees except elected officials. The classification plan assigns each position to a pay grade based on similarities among positions, duties, and market values. All positions in a grade require comparable knowledge, skills and abilities and have equivalent levels of responsibility. The job description of each position determines the grade of a position. Each grade has a minimum and a maximum salary. Employees may not exceed the maximum pay specified for their grade.
New and re-hired employees are hired at the minimum salary of the pay grade to which the position is assigned. Elected officials and department heads may request a salary exception up to the 25th percentile for review and approval from Human Resources and the Auditor’s office for positions in grades 112 and above. If the request is denied by Human Resources, the elected official or department head may request Commissioners Court approval. A new employee may not be hired above minimum without Commissioners Court approval for positions in grades 111 and below.
217 Hays County complies with the Fair Labor Standards Acts as outlined in the Fair Labor Standards Safe Harbor policy.
Law Enforcement personnel including Sheriff’s Office non-civilian positions, Juvenile Supervision Officers and Lieutenants, and Deputy Constables are treated in accordance with the 207(k) exemption under the Fair Labor Standards Act. See the current Collective Bargaining Agreement between Hays County and the Hays County Law Enforcement Association for additional information regarding members of the current bargaining unit.
Hays County does not provide any pay advances on unearned wages to employees. State law prohibits issuing a paycheck to a county employee if the employee is indebted to the county or to the state.
2A104 LONGEVITY PAY
Longevity pay is paid to recognize employees for long-term employment with Hays County. Longevity pay is granted to employees with more than 4 years of full time service with Hays County. It is based on the employee’s initial full time employment date and paid out once a year. Rehires are eligible to use past service in full year increments to calculate longevity pay. Longevity pay will be adjusted when out on worker’s compensation or in leave without pay status.
2A105 PAYROLL DEDUCTIONS
Deductions will be made from each employee’s paycheck for federal withholding, social security, Medicare, and any other deductions required by law.
Employees eligible for membership in the Texas County and District Retirement System will have their contributions to that system deducted from each paycheck. Any county authorized deduction approved by the employee will also be deducted from the employee’s paycheck. No optional deduction will be made from an employee’s paycheck unless the employee turns in written authorization for the deduction to the Treasurer’s Office.
2A106 WORK SCHEDULES
Each department head will determine the exact working schedules for their employees. In order to meet the needs of the County, certain departments or employees may be required to work a schedule that varies from the normal work schedule, or they may be subject to call back in case of emergency or special need.
2A107 ON-CALL TIME
218 Due to the nature of some positions, some employees will be asked to be on-call. Employees will be told upon accepting the position that they must be on-call periodically. Employees will only be paid for on-call time when they are physically performing the duties of their position. Any hours spent on-call while not physically performing the duties of their position will be unpaid.
Hays County employees are rotated through an on-call schedule so that they are not on-call every day. When an employee is on-call, it is their responsibility to be available and able to handle work issues relating to their duties. It is the employee’s responsibility to notify their supervisor and try to find someone else to be on call if they cannot meet the responsibility of a scheduled on call. Employees are allowed to conduct personal activities while on-call as long as they are available to respond to the requirements of the necessity to perform work. Employees failing to respond within the required response time or fulfill their duties while on-call are subject to disciplinary action up to and including termination.
2A108 WORK WEEKS AND WORK PERIODS
For purposes of recordkeeping and to determine overtime in compliance with the Fair Labor Standards Act (FLSA), the work week for Hays County will begin at 12:01 a.m. on each Sunday and end seven (7) consecutive days later. Non-exempt employees will earn compensatory time at the rate of 1 ½ hours per hour worked over 40 hours in the same work week. Departments that have a budget and positions authorized by Commissioners Court for overtime pay, may choose to pay the overtime at the rate of 1 ½.
The Sheriff’s Law Enforcement employees and the Deputy Constables who fall under the FLSA 207(k) exemption will follow the current Hays County Collective Bargaining Agreement.
The Juvenile Supervision Officers and Lieutenants who fall under the FLSA 207(k) exemption will have a work period of 14 days. These non-exempt employees will earn compensatory time or be paid at the rate of 1 ½ for hours worked over 80 in the 14 day cycle.
2A109 PAY PERIODS
Employees have the option to be paid monthly or semi-monthly. The first pay period is the 1st of the month through the 15th. The following pay period is from the 16th of the month through the last day of the month. Employees choosing to be paid semimonthly will be paid on the 15th and the last working day of the month. Employees choosing to be paid monthly, will be paid at the end of the month. If a payday falls on a holiday or a weekend, paychecks will be issued on the last workday immediately preceding the holiday or weekend.
219 Full-time employees’ paychecks will include wages earned for work performed through the pay period. Part-time hourly employees will get paid the following pay period. Example: part-time employee works the 1st – 15th, they will get paid for those hours at the end of the month. Example: part-time employee works the 16th – 31st, they will get paid on the 15th of the following month.
Hays County does not provide any pay advances on unearned wages to employees.
Each employee will report to work unless prior approval for absence is given by the supervisor. If the employee is unable to report for work because of circumstances beyond their control, the employee must contact the supervisor as soon as reasonably practical.
Supervisors will advise employees of the times their schedules will normally begin and end. Staffing needs and operational demands may necessitate variations in starting and ending times as well as variations in the total hours that may be scheduled each day of the week. All Hays County employees are expected to report punctually for duty at the beginning of each assigned shift and work the full schedule established.
If an employee is unable to be at work at their normal reporting time, they will follow the established department procedures for notifying their supervisor prior to the scheduled start of their shift or as soon as it is reasonably practicable in the case of an emergency.
Each employee will remain on the job until the normal ending time established by the supervisor unless permission to leave early is given by the supervisor.
Each supervisor is responsible for determining if an unscheduled absence or tardiness is to be classified as excused or unexcused, based on the circumstances causing the absence or tardiness.
Frequent unexcused absences or tardiness, as determined by an immediate supervisor, may make an employee subject to disciplinary measures, up to and including termination of employment.
An employee who does not report for work for three (3) consecutive scheduled work days, and who fails to notify his or her supervisor, will be considered to have resigned their position by abandonment.
220 2A110 BREAKS
Employee breaks are determined by each department head. Unused break time cannot be accumulated or used for time off. The Fair Labor Standards Act does not require any breaks other than for nursing mothers. However if paid breaks are provided for employees, nursing mothers must be given the same amount of paid break time.
The Texas Right to Express Breast Milk in the Workplace Act and the Patient Protection and Affordable Care Act amended the Fair Labor Standards Act to require reasonable breaks for nursing mothers to express breast milk during the first year following the birth of a child. Hays County supports the practice of expressing breast milk.
Hays County will provide reasonable paid or unpaid breaks for nursing mothers to express breast milk. The nursing mother will be allowed whatever time is needed to express breast milk.
The mother will be given a private location, other than a bathroom, for the expression of breast milk. The location will be shielded from view and free from intrusion and appropriate for expressing breast milk. The specific location will be determined on a case by case basis.
Hays County does not allow any discrimination or retaliation against nursing mothers for asking for this break.
2A111 TIMESHEETS
The Hays County Commissioners Court has established Novatime as the official timekeeping system for Hays County. For the offices that do not have access, a paper timesheet will be completed. Each employee must submit their timesheet to their supervisor for approval. Failure to complete a timesheet may result in an employee only receiving minimum wage payment until the proper timesheet has been completed and turned in to the Treasurer’s Office.
Federal and state laws require employees to keep accurate records of time worked in order to calculate employee pay and benefits. Time worked is all the time actually spent on the job performing assigned duties. Each department head will submit a timesheet for each employee by the designated deadline every month to the County Treasurer which is to be used in calculating the employee’s pay. Employees are to round their hours to the quarter hour. The seven-minute rule should apply when recording time. Anything prior to and including the seventh minute rounds back to the nearest quarter hour and anything beyond the seventh minute rounds forward to the nearest quarter hour.
If a timesheet is incorrect, an amended timesheet must be submitted to reflect the day that was changed. Amendments must be submitted within 60 days.
221 All corrections will be made on the next regularly scheduled payroll. The timesheet prepared by the employee will show an accurate record of all time worked and leave taken, whether paid or unpaid, for the pay period. Timesheets are governmental documents and as such require accurate and truthful information. Falsifying a timesheet, a governmental record, is a criminal offense.
2A112 COMPENSATORY AND OVERTIME
For the purposes of this policy, compensatory and overtime are used interchangeably.
When operating needs or other requirements cannot be met during regular working hours, employees may be scheduled to work overtime hours. When possible, advance notification of these mandatory assignments will be provided. All overtime work must receive the supervisor’s prior authorization. Overtime accrual is calculated for all nonexempt employees in accordance with federal and state wage and hour restrictions. Compensatory time is based upon actual hours worked. For the purposes of overtime accrual, only actual hours worked in excess of forty (40) during a workweek will be counted. Time off on sick leave, vacation leave, holiday or any leave of absence will not be considered hours worked for the purposes of performing overtime calculations. Additional hours worked on weeks that include leave taken or holidays may qualify for straight compensatory time. Failure to work scheduled overtime or overtime worked without prior authorization from the supervisor may result in disciplinary action up to and including termination of employment.
Non-exempt employees may be compensated for overtime in the ways listed below. The list is in Hays County’s order of preference.
equal time off within the same official workweek;
compensatory time off at one and one-half times the number of hours worked;
paid overtime for positions authorized by Commissioners Court may be made at any time when overtime is budgeted in department budgets and have department head approval; or
paid overtime if specifically authorized by order of the Commissioners Court and approved by the department head.
If the employee is out of compliance on compensatory time, the supervisor must identify a deliberate course of action to reduce the accrued hours in a reasonable amount of time. It is the elected official’s/department head’s responsibility to monitor the plan and comply with following the overtime policy.
222 Employees are encouraged to use compensatory time within 12 months after it was accrued.
Compensatory time off must be in compliance before employees can use accrued vacation.
The maximum amount of unused compensatory time an employee will be allowed to have at any one time is 60 hours for regular employees and 120 hours for the Juvenile Supervision Officers and Lieutenants. Refer to the Collective Bargaining Agreement for overtime as it relates to positions covered by the agreement.
Employees will be allowed to use earned compensatory time within a reasonable period after it is requested provided that the employee’s absence will not place an undue hardship on the operations of the department in which the employee works. Compensatory time may be used for any purpose desired by the employee with supervisor approval. Hays County will have the right to require employees to use earned compensatory time at the convenience of the county.
If an employee terminates employment, for any reason, prior to using all earned FLSA compensatory time, they will be paid for unused compensatory time in accordance with the requirements of the FLSA.
Hays County will retain the right to “buy back” all or part of an employee’s unused compensatory time by paying the employee for that time at the employee’s current regular rate. Hays County will retain the right to pay all or part of the overtime worked in any workweek. Hays County reserves the right to pay out compensatory time balances to an employee receiving a promotion, demotion, FLSA status change, or transferring departments at the rate prior to a change in pay rate.
Each employee will be responsible for recording any compensatory time used within a pay period on the timesheet for that pay period.
2A113 DEMOTIONS
Demotions are the movement of an employee from one position to another in a lower pay grade with a decreased responsibility or complexity of job duties. Elected officials, appointed officials or department heads may choose to demote or reassign any employees who are unable to meet performance requirements, for disciplinary reasons or for any other reason as deemed necessary by the official. Upon demotion, an employee’s salary will be adjusted downward. A voluntary demotion will be a reduction of a minimum of 3%, but not more than 6%, yet should not exceed the maximum of the lower grade. The salary after demotion will be determined by the elected official or department head. A disciplinary demotion will be a reduction of at least 6% unless the reduced salary will be over the maximum for the grade. In this case, the employee’s salary will be the maximum of the new grade. Employees cannot be paid over the maximum for their grade.
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2A114 TRANSFERS
Transfers are the lateral movement of an employee from one position to another in the same grade with the same responsibility or complexity of job duties with no change in salary. Employees cannot be paid over the maximum for their grade.
2A115 COLLECTIVE BARGAINING TO CIVILIAN POSITION
Employees that move from a position in the Collective Bargaining Agreement to an Open Range position will receive the salary in the new grade range at the same percentile in range as their salary in the CBA position. For disciplinary demotions from a position in the Collective Bargaining Agreement to an Open Range position a salary reduction of at least 6% less than the same percentile in the Open Range will be implemented.
2A116 PROMOTIONS
Promotions are the movement of an employee from one position to another in a higher pay grade with an increased responsibility or complexity of job duties. When an employee is selected for a promotion, they will be given the minimum salary of the grade for the new position. In some cases, the minimum salary of the new position would be less compensation than a 6% increase. In these instances, the employee will be placed in the new grade with a salary that is 6% above their current salary. Employees cannot be paid over the maximum for their grade.
2A117 SEPARATIONS
Both Hays County and the employee have the right to terminate employment at will, with or without reason or notice, at any time. A separation will be defined as any situation in which the employer-employee relationship between the County and a County employee ends. All separations from Hays County will be designated as one of the following types:
resignation;
retirement;
dismissal;
reduction in force; death; or
separation by neutral termination.
224 It is the responsibility of the employee and department head to notify the Human Resources Department and the Treasurer’s Office of a separation as soon as possible. An employee’s separation date is considered the last day the employee physically works. An employee’s separation date may not be extended due to accrued leave or other benefits without prior approval of that employee’s supervisor, department head, and/or supervising elected official. All accrued benefits that are eligible for payment will be paid to the employee at the next scheduled payday after separation. Before an employee’s departure, they should schedule an exit interview with the Human Resources Department to discuss the reasons for termination and the effect on benefits. Some benefits may be continued at the employee’s expense.
A resignation will be classified as any situation in which an employee voluntarily leaves employment with Hays County and the separation does not fall into one of the other categories. Employees who are resigning must submit a written notice of resignation to their supervisor.
A retirement will be any situation in which an employee meets the requirements to collect a monthly annuity benefit under the County’s retirement program and voluntarily elects to leave employment with the County to do so. An employee who is retiring should notify their supervisor of that intent at least 30 days prior to the actual retirement date to help prevent delays in starting the payment of retirement benefits.
A dismissal will be any involuntary separation of employment that does not fall into one of the other categories of separation. Hays County is an “at will” employer and a supervisor may dismiss an employee at any time for any legal reason or no reason, with or without notice.
An employee will be separated from employment because of a reduction in force when their position is abolished or when there is a lack of funds to support the position or there is a lack of work to justify the position.
A separation by death will occur when an individual dies while currently employed by the County. If an employee dies while still employed by the County, their designated beneficiary or estate will receive all earned pay and payable benefits.
Hays County has the following neutral absence termination policy. With the exception of leaves of absence for military duty, no leave of absence by itself or in combination with other periods of leave, may last longer than six months. Any employee who for any reason or combination of reasons misses a total of six months of work in a twelve-month period will be separated from employment due to unavailability for work, subject to any reasonable accommodation duties the county may have under the ADA or similar law. Hays County uses a rolling 12 month period measured backwards.
225 Terminating employees that withdraw their TCDRS funds by a refund or rollover due to a bona fide separation of employment are not eligible for rehire for at least 6 weeks after their termination date.
2A118 RETIREE REHIRES
Retired employees will be eligible to apply for open positions with Hays County as long as ALL of the following provisions are met:
the retiree has been retired for at least 6 calendar months;
no prior arrangement or agreement was made between Hays County and the retiree for re-employment; and
strict adherence to normal leaving employment procedures were followed at the time of the employee’s retirement.
The retiree must have a bona fide separation of employment and have been retired for a minimum of 6 calendar months. A bona fide separation means there is no prior agreement or understanding between Hays County and the retiree that the retiree would be rehired after retirement. According to Rule 107.4 adopted by the TCDRS Board of Trustees, restrictions apply to elected officials, people employed for the same or different position in the same or different department, employee status changes, and independent contractors.
Elected officials who have retired from the county and are receiving a monthly annuity cannot draw their retirement if they have an arrangement to return to work for the county. Employees also cannot retire with an agreement to go work in a different department or different position. Also, an employee cannot retire from the county with an arrangement to begin work as an independent contractor for the county.
Rehired retirees who did not have a bona fide separation of employment may owe a 10 percent excise tax and be required to repay all of their monthly retirement payments. Abusing the retirement provisions in such a manner would violate a qualification requirement for retirement plans under Section 401(a) of the Internal Revenue Code, potentially resulting in significant tax consequences for Hays County, its participating members and all previously retired employees.
Any retiree who meets all other TCDRS requirements, who is rehired consistent with this policy, must establish a new membership with TCDRS and will be considered to be a new member for the purposes of beneficiary determination and benefit selections.
226 B. EMPLOYEE BENEFITS
2B101 MEDICAL, DENTAL, LIFE AND SUPPLEMENTAL BENEFITS
All regular employees of Hays County that work 30 hours or more per week will be eligible to enroll in the group medical plan, dental plan and basic term life insurance. Insurance coverage is effective on the first of the month following a 55 day enrollment period.
Each new full-time employee is required to attend a benefits enrollment session where they will meet with various insurance representatives and make insurance enrollment selections. The county benefits representative will schedule each new employee to attend the required benefit enrollment session.
Details of coverage for all plans are available in the Hays County Human Resources Department and on the Hays County Employee Intranet.
During budget deliberations each fiscal year, the Hays County Commissioners Court may authorize county contributions towards a portion of these benefits. If the employee desires further benefits beyond what Hays County contributes, deductions will be taken from the employee’s paycheck to cover additional expenses.
Employees will be responsible for paying the Hays County premium portion of their medical, dental and life insurances for the time period of leave without pay as defined in section 2B106 on Leave without Pay.
Hays County provides a limited amount of life insurance on eligible employees as part of the group plan coverage. Additional life insurance coverage is offered at the employee’s expense. Other voluntary insurances are also offered at the employee’s expense. Deductions for supplemental and dependent coverage will be made through payroll deduction from the employee’s paycheck.
Employees and their eligible dependents (legal spouse, child or spouse’s child under the age of 26, or an unmarried child age 26 or over, that is or becomes disabled) must enroll in all insurance plans of their choosing within 30 days of their effective date. If the employee denies benefits for themselves or dependents at initial employment, they will not be able to sign up for insurance until the next open enrollment.
However, if an employee experiences a qualifying event per 26CFR Part 1 that triggers a special enrollment, they must contact the Hays County Human Resources Department, provide appropriate backup, and complete the benefits form within 30 days of the qualifying event.
A qualifying event is an event or change in status which allows an individual to make changes to their level of coverage outside the open enrollment period. Changes due to qualifying events must be consistent with the change in status.
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The following are examples of some qualifying events that may entitle you to a special enrollment right:
change in legal marital status – marriage, divorce or death of a spouse;
change in number of dependents – birth, death, adoption or placement for adoption or legal guardianship by court order of a child;
change in the employment status of the employee (or a spouse or dependent of the employee);
a dependent satisfying or ceasing to satisfy dependent eligibility requirements; or
change in residence for the employee, spouse or dependent as defined by the coverage document.
An employee or dependent must request special enrollment within 60 days for the following:
loss of coverage under a state CHIP or Medicaid program; or
entitlement to Medicare or Medicaid.
2B102 SECTION 125 CAFETERIA PLAN
Hays County employees that are eligible for insurance will have the opportunity to participate in the Section 125 Cafeteria Plan at the time of enrollment. IRS 26 U.S. Code § 125 Cafeteria Plans allows employees to convert a taxable cash benefit (salary) into non-taxable benefits. Under Section 125 Cafeteria Plan, an employee may choose to pay for qualified benefit premiums before any taxes are deducted from the employee’s paycheck. If participating in the Section 125 Cafeteria Plan, any changes outside of open enrollment must be the result of a qualifying event. Changes must be made within 30 days of the qualifying event. Changes due to qualifying events must be consistent with the change in status.
Employees not participating in the Section 125 Cafeteria Plan may drop coverages throughout the year and do not have to have a qualifying event. However, once coverage is dropped, coverage cannot be added back until the next open enrollment.
228 2B103 BENEFITS CONTINUATION (COBRA)
COBRA notifications will be provided to all employees within 30 days of their hire date. Employees who leave the employment of Hays County or who lose their coverage eligibility may be eligible for an extension of the medical and/or dental plan they are enrolled at the time of separation for themselves and their eligible dependents under the Consolidated Omnibus Budget Reconciliation Act (COBRA). All eligible employees and qualified dependents will also be provided with COBRA information following their termination.
COBRA requires that employees and qualified beneficiaries and dependents have the opportunity to continue health and dental insurance coverage under the Hays County group health and dental plans when a “qualifying” event would normally result in the loss of coverage. Qualifying events include death, divorce, and loss of employment, dependent child no longer meeting eligibility requirements, reduction in employee’s hours or leave of absence.
COBRA notification and direct billing is handled by the county’s group healthcare provider. COBRA payments are to be sent directly to the insurance company by the former employee. If COBRA is elected, qualified beneficiaries will pay the premium paid by both the employee and the county portion plus an additional 2% for administrative costs. If a qualified former employee, beneficiary, or dependent fails to make a COBRA payment before the end of the initial 45 day period or by the 30 day grace period for each payment period, the plan will terminate the COBRA rights and coverage.
Information on extension of benefits under COBRA is available in the Hays County Human Resources Department.
2B104 VACATION LEAVE
Vacation time off with pay is available to non-temporary employees working 20 hours or more per week. The amount of paid vacation time employees receive each month increases with the length of their employment as follows:
Vacation Accrual for Employees Working 40 Hours per Week or more YEARS OF SERVICE HOURS EARNED MONTHLY
First year of employment 4.00 hours 1 year to 4 years 7.00 hours 5 years to 9 years 8.00 hours 10 years to 14 years 10.00 hours 15 years or more 12.00 hours
Vacation Accrual for Employees Working 30-39 Hours per Week
229 YEARS OF SERVICE HOURS EARNED MONTHLY
First year of employment 3.00 hours 1 year to 4 years 5.25 hours 5 years to 9 years 6.00 hours 10 years to 14 years 7.50 hours 15 years or more 9.00 hours
Vacation Accrual for Employees Working 20-29 Hours per Week YEARS OF SERVICE HOURS EARNED MONTHLY
First year of employment 2.00 hours 1 year to 4 years 3.50 hours 5 years to 9 years 4.00 hours 10 years to 14 years 5.00 hours 15 years or more 6.00 hours
An employee hired on the first working day of the month will earn a full month’s accrual. An employee hired after the first working day of the month will not earn a month’s accrual until the following month. Vacation leave accruals will be applied on the first of every month.
Before vacation time can be used, a waiting time of 180 calendar days must be completed. After 180 days of employment, employees can request to use time accrued during the 180 days. Years of service are based on the employee’s anniversary date. Service for an employee that works less than 20 hours per week does not count towards years of service for vacation accrual purposes. Service for an employee that is classified as temporary or seasonal does not count towards years of service for vacation accrual. Once an employee enters an eligible employment classification, they begin to earn paid vacation time according to the schedule. A break in continuous service with the county forfeits any vacation accrual benefits. Rehired employees will earn leave as if they were a new hire. Vacation will not be accrued while an employee is on leave without pay for 30 days or more. Accrual of vacation will begin at the time an employee begins work in a position eligible to accrue vacation, but an employee must work for a minimum of 180 days in such a position before being eligible to take any vacation.
At the end of each fiscal year (September 30), employees may carry any unused vacation time forward as long as it does not exceed 240 hours for full-time employees, 180 hours for three-quarter-time and 120 hours for half-time employees. Employees may accrue hours above this ceiling throughout the fiscal year but will only be allowed to carry the maximum amount into the new fiscal year. Any hours above the ceiling will be reduced as of October 1 and will not be available for the employee to use.
230 Upon termination of employment, employees will be paid at the current rate of pay for unused vacation time that has been earned through the last day of work. An employee terminating on or before the 15th of the month will earn ½ of a month’s accrual. An employee terminating after the 15th of the month will earn a full month’s accrual. Employees who leave employment for any reason during the first 180 days of employment will not be paid for any vacation time. The maximum amount an employee will be paid upon termination is 240 hours for full-time, 180 hours for three-quarter-time and 120 hours for half-time employees.
Scheduling of vacations will be at the discretion of the individual department heads. Not all requests will be approved. Requests will be reviewed based on a number of factors, including county needs and staffing requirements.
When an illness or physical incapacity occurs during the time an employee is on vacation leave, accrued sick leave may be granted to cover the period of illness or the incapacity. The employee’s sick leave balance will be reduced by the number of applicable hours and the hours will be added back to vacation time if previously deducted.
Employees will only be able to use vacation which has already been accrued and will not be allowed to borrow vacation against possible future accruals. Employees will not be allowed to receive pay for vacation in lieu of taking time off.
Each employee will be responsible for accurately recording all vacation time used on their timesheet. Paid time off for vacation will not be counted as hours worked for the purposes of determining overtime.
Employees earning vacation leave for more than 6 months that transfer to a position that does not earn leave such as an elected, appointed or part-time position will be paid for their vacation leave balance up to 240 hours at the rate prior to the transfer.
Compensatory time must be in compliance with the Hays County policy before employees can use accrued vacation.
2B105 SICK LEAVE
All non-temporary employees working over 20 hours per week are eligible for sick leave.
Eligible employees will accrue sick leave benefits at the rates shown below:
employees working 40 hours per week or more will earn 8 sick hours per month;
employees working 30-39 hours per week will earn 6 sick hours per month; or
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employees working 20-29 hours per week will earn 4 sick hours per month.
An employee hired on the first working day of the month will earn a full month’s accrual. An employee hired after the first working day of the month will not earn a month’s accrual until the following month. Sick leave accruals will be applied on the first of every month.
Sick leave may be used for the following purposes:
for illness or injury of the employee;
for appointments with physicians, optometrists, dentists, and other qualified medical professionals; or
to attend to the illness or injury of a member of the employee’s immediate family who resides in the employee’s household.
For purposes of this policy, immediate family will be defined as spouse, child, parent, sibling, grandparent, grandchild or spouse’ child, parent, sibling, grandparent, grandchild, or a son-in-law or daughter-in-law, living in the employee’s home who is dependent on the employee for care.
When sick leave is to be used for medical appointments, an employee will be required to notify their supervisor of the intent to use sick leave as soon as the employee knows of the appointment. Employees are expected to return to work when the scheduled appointment is over. When use of sick leave is not known in advance, an employee will notify their supervisor of the intent to use sick leave within the established department procedures for notifying their supervisor prior to the scheduled start of their shift or as reasonably practicable in the case of an emergency. If the employee feels that the situation will cause the employee to miss more than one day of work, the employee should notify their supervisor of the anticipated length of absence. Unless otherwise approved by the supervisor, employees must call in on each day of absence. Where the nature of the absence necessitates, the supervisor may approve longer reporting intervals for extended periods of time off. If an employee uses three or more consecutive days of sick leave, it is required that an employee submit a physician’s statement or some other acceptable documentation of injury or illness, for either the employee’s own illness or the illness of an immediate family member. Employees may be required to provide a physician’s statement for absences less than 3 days as required by their supervisor.
Sick leave covers a reasonable time for travel to and from doctor’s appointments. The employee must receive pre-approval for the use of vacation and/or compensatory time for the balance of the absence beginning with the ending time of the appointment.
232 When an illness or physical incapacity occurs during the time an employee is on vacation leave, accrued sick leave may be granted to cover the period of illness or the incapacity. The employee’s sick leave balance will be reduced by the number of applicable hours and the hours will be added back to vacation time if previously deducted.
Employees will not be allowed to borrow sick leave against future accruals.
There is no maximum amount of sick that can be carried forward into future fiscal years.
Upon voluntary retirement (not discharged), drawing an annuity with TCDRS, with at least 20 years of continuous service with Hays County, eligible employees will be paid at the county’s lowest hourly rate at the time of retirement up to 480 hours of accrued sick leave for regular full-time employees, 360 hours for ¾ regular employees, and 240 hours for part-time employees. This amount will not exceed a gross of $6,000.00. Sick leave in excess of these amounts will not be paid to employees under any other circumstances.
Each employee will be responsible for accurately recording all sick time used on their timesheet. Paid time off for sick will not be counted as hours worked for the purposes of determining overtime.
Sick leave may not be used as vacation or any other reason not addressed in this policy.
2B106 LEAVE WITHOUT PAY
Leave without pay when absent from work requires prior supervisory approval.
Not all requests will be approved. Requests will be reviewed based on a number of factors, including county needs and staffing requirements. Leave without pay will not be counted as hours worked for the purposes of determining overtime.
Employees must show all leave without pay taken on their timesheet as leave without pay.
Employees must extinguish all accrued vacation and compensation time before using leave without pay. Sick leave must also be exhausted if the reason for the absence is eligible for the use of sick leave.
Employees on leave without pay receive no compensation for the hours not worked while on leave without pay.
Employees on leave without pay for one month or more receive no benefits or accruals of leave. Employee’s insurance coverages can only be continued if the employee pays their premiums by the 5th working day of every month to the Treasurer’s Office. These premiums, based on certain circumstances, may include
233 the county’s portion. Hays County will continue to pay the employer portion of the medical, dental, and life insurance premiums for the employee while on FMLA.
An employee on leave without pay must contact his or her supervisor at the beginning of every work week. Failure to contact the supervisor as required is grounds for disciplinary action up to and including termination.
When an employee is out on leave without pay for circumstances other than FMLA or military leave, the position and shift that they are assigned is not guaranteed when they return. When the employee returns to work, the employee will return to the same position and shift if it is available. If it is no longer available, the employee may request a similar available position for which they are qualified.
If the employee fails to report to work promptly at the expiration of the approved leave period and the employee has not communicated with their supervisor regarding their return to work, Hays County will assume that the employee has abandoned their employment.
When an employee is on leave without pay, they will be charged an hourly rate for each hour of leave without pay for their Hays County medical, dental and life insurance premiums. This hourly rate is calculated based on the total annual premium divided by 2,080 (the total number of annual full-time hours worked). This amount will be deducted from the employee’s pay during the pay period of leave without pay.
This does not affect the following employees:
employees who have not been employed or earning accruals for one year;
employees on disciplinary leave without pay;
employees on FMLA;
employees on sick leave pool;
employees on workers’ compensation;
employees absent due to the death of an immediate family member as defined in Bereavement Leave;
employees on military leave; or
weather related absences where there is no alternate work available.
2B107 SICK LEAVE POOL
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Hays County operates a sick leave pool for non-temporary employees working over 20 hours per week who have a catastrophic injury or illness. A catastrophic injury or illness is defined as a severe condition or combination of conditions that is life-threatening, affecting the mental or physical health of the employee requiring the services of a licensed practitioner for a prolonged period of time and forces the employee to exhaust all leave time earned by the employee and therefore to lose compensation.
Persons qualifying for sick pool may also qualify for FMLA leave. FMLA leave and sick pool will run concurrently if eligible for both.
Employees are encouraged to voluntarily contribute to the pool to assist other Hays County employees in their time of need. Employees may contribute 8 to 40 hours each fiscal year. Terminating employees may donate up to 80 hours of their accrued sick leave at termination. Employees cannot stipulate who receives the contribution, nor can they receive contributed sick leave back unless they are eligible to use it.
To qualify for sick leave pool, the employee must have been employed on a non- temporary part-time basis for at least 12 consecutive months prior to the request and the absence from work must exceed 4 weeks. Employees with a catastrophic illness or injury are not required to have contributed to the pool before they can use the pool, nor are they required to pay back the pool.
Once an employee realizes the need for additional sick leave, they will submit a request form along with medical certification to the Hays County Treasurer. The Treasurer will consult with the Sick Leave Pool Committee which consists of the County Auditor, County Treasurer, County Judge and Human Resources Director. Sick leave pool usage will be on a first come first serve basis. The Sick Leave Pool committee will normally review requests within 5 days and recommend the amount of leave to the County Judge for final approval. The amount of leave given and taken is not to exceed the lessor of one-third of the total time in the pool or 1440 hours. Employees may request to use the pool once per fiscal year, per catastrophic illness, unless they did not use the total amount granted to them on their first request.
Once the committee has approved sick leave pool, to use sick pool hours the employee must exhaust all of their own leave before they may use sick leave pool time allocated to them. Sick leave pool hours granted will begin after 4 weeks of absence or after the employee has extinguished all accrued leave, whichever is greater. Employees using sick leave pool continue to accrue vacation and sick leave at their regular rate while they are out but are expected to exhaust it as it is needed. Employees must show all leave taken for sick leave pool on their timesheet as sick leave pool.
2B108 HOLIDAY
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All non-temporary employees working over 20 hours or more per week are eligible for holiday pay.
Hays County holidays will be determined by the Hays County Commissioners Court annually.
employees working 40 hours per week or more will get 8 hours per holiday;
employees working 30-39 hours per week will get 6 hours per holiday; or
employees working 20-29 hours per week will get 4 hours per holiday.
If a designated holiday falls on an eligible employee’s day off, the employee will be allowed to take the amount of hours as described above on another day with pay as coordinated with their supervisor. These hours will be banked as compensatory time until the employee is able to take time off.
If an eligible employee is called into work on a holiday because of an emergency, or other special need of the county, they will be given paid time off equivalent to the amount of time worked on the holiday. These hours will be banked as compensatory time until the employee is able to take time off.
An employee who is absent without approved leave on the workday immediately preceding or following a holiday will receive leave without pay for the holiday and the additional day off.
Special consideration will be given to employees requesting time off for religious or other special observances which are not designated as paid holidays for Hays County. Each supervisor is responsible for granting this leave based on the needs of their individual departments. Vacation and/or compensatory time may be used for special leave granted. If the employee does not have accrued leave they may use the leave without pay option.
2B109 CLOSINGS AND EMERGENCIES
As a general practice, Hays County does not close its operations unless the health, safety, and security of county employees are at risk. When this happens, either because of severe weather conditions or other emergencies, the County Judge is responsible for initiating and authorizing the closing.
Public announcements regarding county office closings will be sent out to area television stations and information will be posted on the Hays County website, Facebook, Twitter and Hays Informed (www.haysinformed.com). The employee information line is (512) 878-6600. Announcements of an emergency closing will,
236 to the extent possible, specify the starting and ending times of the closing. The County Judge’s official closure will determine how many hours the non-essential employees will be paid for the closure depending on their normal scheduled hours.
Offices that must provide public safety and public services may be required to stay open. Some county employees will be required to work during emergency closings. Compensation or accrued time may be provided to employees that are required to work during emergency closings when they would otherwise not be required to work. Each department head is responsible for designating their essential employees and providing information to them during emergency closings. Public safety will be foremost in the development of departmental emergency action plans.
If an employee takes off due to an emergency when the County Judge has not officially closed the facility, the employee will be expected to use accrued vacation or compensatory leave or leave without pay if they do not have vacation or compensatory leave available. Time off for an emergency is paid at the employee’s base pay rate at the time of the leave. It does not include overtime or any special forms of compensation. Paid time off for an emergency will not be counted as hours worked for the purposes of determining overtime. Employees must show all leave taken for emergencies on their timesheet as emergency leave.
Emergency leave is not accrued leave and no additional compensation or benefit will be given if an employee does not use emergency leave during an official closure.
2B110 JURY DUTY
All employees of Hays County who are called for jury duty will receive their regular pay for the period they are called for jury duty, which includes both the jury selection process and, if selected, the time they actually serve on the jury. Pay for serving on a jury will only include the time the employee would have normally been scheduled to work and will not include extra pay if jury service involves time outside the employee’s normal work schedule. Any fees paid for jury service may be kept by the employee.
All hours for employees who are subpoenaed or ordered to attend court to appear as a witness or to testify in some official capacity on behalf of Hays County will be counted as time worked for such period as their court attendance may require. If an employee is subpoenaed or ordered to appear in personal litigation, the time away from work will be charged to vacation, other eligible paid leave, or leave without pay if no leave is available.
Timesheets should reflect the hours for juror time. A copy of the juror summons must be forwarded to the Treasurer’s Office for the employee’s timesheet file.
237 2B111 BEREAVEMENT LEAVE
Full time employees will be allowed up to 24 hours leave with pay for a death in the immediate family (30 hours for ¾ time employees and 20 hours for regular part- time employees working at least 20 hours per week). For purposes of this policy, immediate family will be defined as spouse, child, parent, sibling, grandparent, grandchild or spouse’s child, parent, sibling, grandparent, grandchild, or a son-in- law or daughter-in-law.
Special consideration may also be given to any other person whose association with the employee is similar to the above relationships.
2B112 MILITARY LEAVE
All Hays County employees who are members of the Armed Forces, the Military reserves, the National Guard, State Guard or certain Public Health Service positions will be allowed up to 120 hours off per Hays County fiscal year with pay to attend authorized training sessions and exercises.
Subject to the terms, conditions and limitations of the applicable plans for which the employee is otherwise eligible, health insurance benefits will be provided during this period of leave. The employee will pay premiums for any dependents or supplemental insurance. Vacation and sick leave will also continue to accrue. Employees may use available accrued paid time for additional leave. If an employee chooses to use accrued leave, they must use it consecutively.
Employees on military leave that extends beyond one month will lose eligibility for paid insurance coverage and leave accrual. In such cases, medical insurance can only be continued if the employee pays the premiums to the County Treasurer including the county’s portion by the 5th working day of every pay period.
Once an employee returns to work from the extended leave, their insurance will be reinstated on that day without a waiting period.
Employees on active duty training assignments are required to return to work for the first regularly scheduled shift after the end of training, allowing reasonable travel time. Employees on longer military leave must apply for reinstatement in accordance with all applicable state and federal laws. Every reasonable effort will be made to return eligible employees to their previous positions or to a comparable one. Time off to serve is paid at the employee’s base pay rate at the time of the leave. It does not include overtime or any special forms of compensation. Paid time off to serve will not be counted as hours worked for the purposes of determining overtime. Employees must show all leave taken for service in the military on their timesheet as military leave.
Any unused military leave balance at the end of the fiscal year will not be carried forward into the next Hays County fiscal year. Pay for attendance at training
238 sessions or exercises will be authorized only for periods which fall within the employee’s normal work schedule. An employee may use vacation leave, earned compensatory time, or leave without pay if they must attend training sessions or exercises in excess of the 120 hour limit maximum.
An employee going on military leave will provide his or her supervisor with a set of orders immediately upon notification.
Hays County employees who leave their positions as a result of being called to active military service or who voluntarily enter the Armed Forces of the United States will be eligible for re-employment in accordance with state and federal laws in effect at the time of their release from duty.
2B113 TIME OFF TO VOTE
Hays County encourages employees to vote in elections. Assuming that an employee has not already voted in early voting, the employee is entitled to take paid time off for voting on election days, unless the employee has at least two consecutive hours to vote outside of the voter's working hours. Such time off will not be paid if the two hours are available outside of normal working hours.
To take time off to vote, employees who are entitled to vote must receive approval from their supervisor in advance. Not all leave will be approved based on a number of factors, including county needs and staffing requirements. Requests must be submitted at least two days before the Election Day. Normally, the time off to vote will be scheduled at the beginning or end of the scheduled shift, whichever provides the least disruption to the normal work schedule. Time off to vote is paid at the employee’s base pay rate at the time of the leave. It does not include overtime or any special forms of compensation. Paid time off to vote will not be counted as hours worked for the purposes of determining overtime. Employees must show all leave taken off to vote on their timesheet as time off to vote. When the employee has completed voting, he or she must report to the county for duty and work the remainder of the scheduled shift if applicable.
239 2B114 RETIREMENT
Hays County is a member of the Texas County and District Retirement System (TCDRS). All non-temporary employees must contribute to the retirement system. The Hays County Treasurer’s Office maintains and provides all information regarding the Hays County TCDRS retirement benefit information.
The employee’s contribution rate is 7% of their gross pay and is deducted from each paycheck. Hays County’s contribution rate is determined annually by the Hays County Commissioners Court.
Employees that have had prior service with TCDRS through either Hays County or another Texas county will automatically receive credit for their service time whether they withdrew their funds or not. Those that withdrew their funds will have no financial amount associated with their prior service time.
TCDRS also recognizes service time if an employee worked under the following Texas public retirement systems:
Employees Retirement System of Texas (ERS)
Teacher Retirement System of Texas (TRS)
Texas Municipal Retirement System (TMRS)
Judicial Retirement System of Texas (JRS); and
City of Austin Employees’ Retirement System (COAERS)
In addition to the above retirement systems, TCDRS allows credit for prior active military service.
Military Service Credit
Employees with 8 years of service with Hays County may be eligible for additional TCDRS service credit for their military time. Military service credit may be granted for up to 60 months (5 years) of military service.
Under USERRA (Uniformed Services Employment and Reemployment Rights Act), current employees that are called away for active duty in the military and return to their position within 90 days of their service release may apply for additional TCDRS service credits for their military time.
The Hays County Treasurer’s Office maintains and provides all information regarding the military service credit.
240 Withdrawing Retirement Funds Federal and State laws prohibit an employee from withdrawing their retirement funds for any reason other than a bona fide separation of employment. A bona fide separation of employment means there has been no discussion of the employee returning to work and neither the employee nor Hays County has any intention of the employee returning to work at any time in the future.
Employees leaving employment have 4 options regarding their TCDRS account:
Leave their funds in their TCDRS account - The account will continue to earn 7% interest. If a former employee reaches retirement eligibility, the county’s contribution will be calculated into the annuity amount when the employee completes the proper retirement forms.
Withdrawal – The employee will receive all of their deductions plus the interest it has earned less 20% Federal Withholding. In cases where the employee is under age 59½, they may owe an additional 10% excise tax. The employee forfeits the county’s contribution.
Roll it into an IRA – The employee will need to roll their funds within 60 days after terminating employment to avoid any potential tax consequences. The employee’s designated bank for their IRA will receive a check for all of their deductions plus the interest their TCDRS account has earned. The employee forfeits the county’s contribution.
Retiring – The employee will receive a monthly annuity for life. The county’s contribution will be calculated into the annuity check.
Employees that withdraw their funds through a refund or rollover will not receive the County’s contribution portion. The only way to receive the County’s portion is to meet retirement eligibility requirements and draw a monthly annuity.
Terminating employees that withdraw their TCDRS funds by a refund or rollover due to a bona fide separation of employment are not eligible for rehire for at least 6 weeks after their termination date.
Termination of Employment
Terminated employees are not required to withdraw their TCDRS funds.
Terminated employees with 8 years of service or more that do not withdraw their retirement funds can draw a retirement annuity when they meet retirement eligibility requirements.
241 Terminated employees that are eligible for rehire and have not withdrawn their TCDRS funds by a refund, rollover, or monthly retirement annuity, are eligible for re-employment immediately.
Retiring
Employees considering retiring should contact the Hays County Treasurer’s Office to discuss their retirement options. When an employee elects to retire and receive a retirement annuity, it must be a bona fide retirement. This means that there has been no discussion of the employee returning to work and neither the employee nor Hays County has any intention of the employee returning to work at any time in the future. An employee is considered a retiree once they begin receiving a retirement annuity.
Hays County considers retirement to be a bona fide genuine termination of employment. The laws and rules under Section 401 (a) of the Internal Revenue Code and Rule and 107.4 adopted by TCDRS regarding a bona fide retirement are very specific. If it is ever determined that a rehired retiree did not have a bona fide separation of employment, the retiree may owe a 10 percent excise tax on their TCDRS account and be required to repay all of the monthly retirement payments that they have received. Abusing the retirement provisions in such a manner violates a qualification requirement for retirement plans under Section 401 (a) of the Internal Revenue Code, potentially resulting in significant tax consequences for Hays County, all current employees, and all past retirees.
Therefore, all retirements must be carefully planned and there must not be any intention of the employee returning to work at the time of retirement. Retirees will not be considered for re-employment until at least 6 months of separation from their retirement date.
There are four ways to retire:
employee is age 60 and has at least 8 years of service credits;
employee has at least 8 years of service credits and service credits plus their age equals 75 or more (Rule of 75);
employee has 30 years of service credits at any age; or
employee has been approved for Disability Retirement through TCDRS.
Disability Retirement
TCDRS disability retirement is for members who cannot work and will not be able to work in the future because of their injuries or illness. When a Hays County employee becomes disabled, on or off the job, and can no longer work
242 at all, not just in their current position, they may be able to apply for disability retirement with TCDRS. The employee must submit the proper medical information to the TCDRS medical board for evaluation. This board reviews all requests and approves or denies disability claims on an individual basis.
Retiree Insurance
Retirees receiving a retirement annuity are eligible to continue insurance coverage through the Hays County group plan at their own cost. Terminating employees that are eligible for retirement but have not elected to receive an annuity are not considered retirees and not eligible for retiree insurance benefits.
Hays County may fund some of the medical insurance premiums for certain qualified retirees. The portion of the medical premiums paid by Hays County for qualified retirees is determined annually by Commissioners Court. Current and future funding may change or be eliminated at any time based on Commissioners Court approval. Approved partial funding of retiree insurance will be for the retiree’s medical coverage only and not exceed $12,000 annually. Dependent coverage does not qualify for county funding. For the retiree to qualify for partial county funding of medical benefits, the retiree must have at least 20 years continuous service with Hays County and must be receiving Hays County funded insurance at the time of retirement. Qualified retirees must be retiring with the Texas County and District Retirement System and have been covered by Hays County medical insurance for at least 75% of their Hays County career.
Qualified employees that meet the requirements above and have 20 years continuous full-time service with Hays County will pay 15% of the cost of the total medical premium per month towards the cost of the medical insurance premium.
Qualified employees that meet the requirements above but whose 20 years of continuous service is not entirely full-time, will pay 25% of the cost of the total medical premium per month towards the cost of the insurance premium.
Retirees may elect to cover the same persons (spouse and/or eligible dependents) who were covered under the retiree’s plans at the time of retirement. A retiree’s spouse and/or dependents cannot be enrolled in the county’s group plan without the retiree also being enrolled. Retiree’s may not add a spouse or dependents to their retiree insurance at any time after initial enrollment into the retiree insurance plan. Once a spouse or dependent is no longer covered on the retiree’s insurance, they cannot be reinstated at a later date.
243 Disability Retirement for a Public Safety Officer
If TCDRS approves Disability Retirement for a Public Safety Officer that has been disabled on the job, the officer may be eligible for medical insurance coverage at no cost to the retiree. Hays County will pay 100% of the disabled retiree’s health insurance premiums if the officer was disabled while on duty for Hays County in a “hot pursuit” or in an “emergency situation” as defined by law. The officer must be unable to work in any capacity. The Disability Retirement must be through TCDRS for years of service with Hays County. County funding of insurance premiums does not include any dependents which may be covered at the retiree’s own cost through the county’s group plan or certain medical insurance plans that coincide with Medicare. In order for the dependents to be on the county’s group plan, they must have been on the plan at the time of retirement.
Medicare Eligible Retirees
Medicare eligible retirees and their spouses have the option to participate in medical insurance plans that coincide with Medicare. Hays County offers two Medicare insurance plans; Silver Choice through the Texas Association of Counties and the Hays County Humana Advantage plan. The Medicare eligible retiree and/or spouse must be enrolled in both Part A and Part B of Medicare. Retirees do not have to participate in one of the two Hays County Medicare insurance plans in order for their spouse to participate in one of them. Medicare eligible retirees and their spouses may participate in these plans at their own cost. Once a retiree chooses to enroll with Silver Choice, or Humana, the retiree and/or the retiree’s dependents will not be allowed to return to the Hays County group medical coverage in the future.
Medicare eligible retirees participating in either Silver Choice through the Texas Association of Counties or the Hays County Humana Advantage plan may qualify for partially funded health insurance. The portion of the medical premiums paid by Hays County for qualified retirees is determined annually by Commissioners Court. Current and future funding may change or be eliminated at any time based on Commissioners Court approval. Approved funding of retiree insurance will be for retiree medical coverage only and not exceed $12,000 annually. Dependent coverage does not qualify for county funding. For the Medicare eligible retiree to qualify for county funding of medical benefits, the retiree must have at least 20 years continuous service with Hays County and must be currently receiving Hays County funded insurance. Qualified retirees must be retiring with the Texas County and District Retirement System and must have been covered by Hays County medical insurance for at least 75% of their Hays County career. Employees that retired prior to being Medicare eligible must currently receive county funding for all or part of their medical insurance coverage to qualify for the county funding of certain Medicare insurance plans. Qualified Public Safety officers retiring under Disability Retirement will also be given the opportunity to elect a medical insurance plan that coincides with Medicare.
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Qualified Medicare eligible retirees that meet the requirements above, and have 20 years continuous full-time service with Hays County will pay nothing towards the cost of the insurance premium to either Silver Choice through the Texas Association of Counties or the Hays County Humana Advantage plan.
Qualified Medicare eligible retirees that meet the requirements above, but whose 20 years of continuous service is not entirely full-time, will pay 25% towards the cost of the insurance premium to either Silver Choice through the Texas Association of Counties or the Hays County Humana Advantage plan.
Past Retirement Rules and Regulations
All Hays County Retirees that retired with TCDRS must meet and abide by the Hays County policy and procedures in place at the time of their retirement. As per the Texas Local Government Code Chapter 175, retirees are not eligible for any benefits established after their date of retirement. Hays County retirees must meet the qualifications established for retirement and retirement benefits at the time of their retirement. Retirees that retired prior to November 2017 may continue at the percentage and qualifications established at the time of their retirement, however, Hays County Commissioners Court may change or eliminate any county funded insurance at any time. The portion of medical insurance premiums paid by Hays County for qualified retirees is determined annually by Commissioners Court and is not a guaranteed benefit. Individual retirees may be affected by future changes to retiree medical benefits regardless of the benefits offered at the time of their retirement. Current and future funding for medical insurance may be changed or eliminated at any time based on Commissioners Court approval.
Retirement Benefits Review Committee
The Retirement Benefits Review Committee, appointed by the Commissioners Court, will review current retirement benefits no less than annually. The committee will make recommendations to Commissioners Court regarding the funded benefits provided to both current and future retirees.
Rehiring Retirees
At the time of retirement, Hays County will have no preplanned intention of the retiring employee returning to work at any time in the future. Retirees will not be considered for rehire for at least 6 months after their retirement date. Any retiree who is rehired consistent with this policy will establish a new membership with TCDRS and will be considered to be a new member for the purposes of beneficiary determination and benefit selections. Any retiree insurance benefits will be suspended at the time of re-employment working 30 hours or more, and the retiree will be considered an active employee. At the
245 time of separation in the future, qualified benefits for the rehired retiree will be based on Hays County policy at the time of original retirement.
2B115 DEFFERED COMPENSATION
Employees are encouraged to save additional funds for their retirement. The Deferred Compensation plan is a voluntary pre-taxing supplemental retirement program. A Deferred Compensation representative can discuss which options are best for certain financial situations. Employees that are interested in putting aside additional funds for retirement need to contact the Human Resources Department.
2B116 FAMILY AND MEDICAL LEAVE ACT (FMLA)
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees of covered employers with unpaid, job-protected leave for specified family and medical reasons. Employees are eligible if they have worked for Hays County for at least 12 months, and have 1,250 hours of service in the previous 12 months. Hays County uses a rolling 12-month period measured backward from the date the employee uses any FMLA leave. FMLA leave will run concurrently with Workers’ Compensation, sick leave, sick pool leave, vacation leave and compensatory leave.
The law sets requirements for notice, by both the employee and Hays County, and provides Hays County with the right to require certification of the need for FMLA leave in certain circumstances. The law protects employees from interference and retaliation for exercising or attempting to exercise their FMLA rights. The law also includes recordkeeping requirements
Eligible employees may take up to 12 workweeks of leave in a 12-month period for one or more of the following reasons:
the birth of a son or daughter or placement of a son or daughter with the employee for adoption or foster care, and to bond with the newborn or newly-placed child;
to care for a spouse, son, daughter, or parent who has a serious health condition, including incapacity due to pregnancy and for prenatal medical care;
for a serious health condition that makes the employee unable to perform the essential functions of his or her job, including incapacity due to pregnancy and for prenatal medical care; or
for any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status.
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Military Family Leave Entitlements
Eligible employees whose spouse, son, daughter or parent is on covered active duty or called to covered active duty status may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is:
a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or
a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness. An eligible employee is limited to a combined total of 26 workweeks of leave for any FMLA-qualifying reasons during the single 12-month period.
Benefits and Protection
In addition to providing eligible employees an entitlement to leave, the FMLA requires that Hays County maintain employees’ health benefits during leave and restore employees to their same or an equivalent job after leave. Employees will be required to pay for dependent coverage and for any other coverage for which the employee would normally pay. Payment for coverage will be made through regular payroll deduction while the employee is on paid leave. While on unpaid leave, the employee is required to pay the Hays County Treasurer by the 5th of the month for premiums due to Hays County. (Example: June premiums would be due by June 5th.) Failure to pay for these premiums will result in the coverage being discontinued.
At the end of the 12 weeks leave, all eligible employees will be offered COBRA if they are unable to return to work, except for the care of an injured covered military member where the eligible employee will be offered COBRA at the end of 26 weeks in a single 12 month period.
Definition of Serious Health Condition
247 A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.
Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity to a chronic condition. Other conditions may meet the definition of continuing treatment.
Employee Responsibilities
Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as practicable and generally must comply with county’s call-in procedures.
In the case of FMLA leave for a qualifying exigency of a military family member, the employee must give notice of the need for such leave as soon as possible and practical, regardless of how far in advance the leave is needed.
Employees must provide sufficient information in order for the county to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Employees must provide supporting documents to Hays County Human Resources within 15 days from the date of the employee’s Notice of Eligibility, Rights & Responsibilities. If the employee does not provide the supporting documents, Hays County may deny the employee’s request for FMLA leave.
Sufficient information may include:
that the employee is unable to perform job functions;
the family member is unable to perform daily activities;
the need for hospitalization or continuing treatment by a health care provider; or
circumstances supporting the need for military family leave.
Employees also must inform the county if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.
248 Except where leave is unforeseeable, an employee will be required to submit, in writing, a request for leave under this policy to their immediate supervisor. Employees are required to remain in contact with their immediate supervisor at least once a month or as designated by their immediate supervisor while on leave. Any changes to the employee’s leave requests must be communicated with their immediate supervisor as soon as they are known.
Hays County Responsibilities
Leave covered under the Family and Medical leave Act (FMLA) must be designated as FMLA-protected and Hays County will inform the employee of the amount of leave that will be counted against the employee’s FMLA leave entitlement. If Hays County determines that the leave is not FMLA-protected, Hays County will notify the employee.
In order to determine whether leave is covered under the FMLA, Hays County may request that the leave be supported by a certification. If the certification is incomplete or insufficient, Hays County will state in writing that additional information is necessary to make the certification complete and sufficient. If the employee is not eligible, Hays County will provide a reason for the ineligibility.
Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt county operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.
If the employee plans to take intermittent leave or work a reduced schedule, the certification will also include dates and the duration of treatment and a statement of medical necessity for taking intermittent leave or working a reduced schedule. Certification for intermittent or reduced schedule leave may be requested every 6 months in connection with an eligible absence.
All work time missed as the result of intermittent leave or reduced work schedule under FMLA leave will be deducted from the employee’s 12-week leave eligibility. If the time missed is for the care of a covered service member with a serious injury or illness, the time will be deducted from the employee’s 26-week leave eligibility in a single 12 month period.
Substitution of Paid Leave for Unpaid Leave
Hays County requires that employees use available paid leave during their FMLA absence. This means that employees will receive paid leave and the leave will also be considered protected FMLA leave and counted against the FMLA leave entitlement.
249 If an employee has accrued leave to take care of a covered service member, the employee will be required to use compensatory time first then vacation leave. Sick leave may be used if the service member normally resides in the same household. The remainder of the leave will be unpaid.
An employee taking leave because of their own serious health condition, or the serious health condition of an eligible family member living in the same household will be required to first use all earned sick leave, then compensatory time, then vacation, with the remainder of the 12 week leave period being unpaid leave.
An employee taking leave because of a serious health condition of an eligible family member not living in the same household will be required to first use all compensatory time, then vacation, with the remainder of the 12 week leave period being unpaid leave.
If a married couple both work for Hays County, the maximum combined leave they will be allowed to take in any 12 month period for the birth or placement of a child, or care for a parent with a serious health condition is 12 weeks. The combined limit is 26 weeks in a single 12-month period if leave is to care for a covered service member or covered veteran with a serious injury or illness.
An employee taking leave for the birth of a child will be required to use paid sick leave first, then earned compensatory time, then vacation for the recovery period after the birth of the child and prior to being on unpaid leave.
An employee that is the non-child bearing parent can use paid sick leave as certified by the spouse’ physician. The certification will be for the mother’s period of medical assistance. After the spouse’s recovery period from giving birth to a child, the employee will be required to first use all earned compensatory time, then vacation for the remainder of the 12 week leave period, or a combination of 12 weeks if both parents are Hays County employees, prior to being on unpaid leave.
An employee who is taking leave for the placement of a child in the employee’s home for adoption or foster care will be required to first use earned compensatory time, then vacation with the remainder of the 12 week leave period being unpaid leave.
An employee taking leave for a qualifying exigency for a covered military member will be required to first use earned compensatory time, then vacation with the remainder of the 12 week leave period being unpaid leave.
Returning to Work after FMLA
Employees must notify their immediate supervisor within one week prior to returning to work. This ensures their work schedule is properly coordinated.
250 Employees returning from FMLA leave, and who have not exceeded the 12 week maximum allowed under FMLA, will be returned to the same job or a job equivalent to that the employee held prior to going on leave. Employees who have not exceeded the 26 week maximum, in a single 12 month period, allowed to care for a seriously ill or injured covered military member, will be returned to the same job or a job equivalent to the job they held prior to going on leave.
Where an employee is placed in another position, it will be one which has equivalent status, pay, benefits, and other employment terms and one which entails substantially equivalent skill, effort, responsibility, and authority.
Hays County will have no obligation to reinstate an employee who takes FMLA leave and who is unable to return to work after using the maximum weeks of leave allowed under FMLA, or who elects not to return to work after using the maximum leave; this includes employees who may have sick leave or vacation leave available.
Except in situations where the employee is unable to return to work because of the serious medical condition of the employee or an eligible family member, or other situations beyond the control of the employee, an employee who does not return to work after using the maximum leave allowed under FMLA will be required to reimburse the County for all medical premiums paid by the County while the employee was on leave without pay.
While on leave without pay for 30 days or more under this policy, an employee will not earn vacation, sick leave, be eligible for holidays, or earn other benefits afforded to employees actively at work, except for those stated in this policy.
Any area or issue regarding family and medical leave which is not addressed in this policy will be subject to the basic requirements of the Federal Family and Medical Leave Act (FMLA) and the regulations issued to implement it.
251 HAYS COUNTY
USE OF COUNTY EQUIPMENT AND VEHICLES Effective January 1, 2019
Vehicle Use and Operator Responsibilities
Employees are expected to exercise care, perform required maintenance, and follow all operating instructions, safety standards and guidelines. Equipment and vehicles essential in accomplishing job duties are expensive and may be difficult to replace. All employees operating county equipment and vehicles should inspect them daily and report any unsafe condition to their supervisor immediately. Supervisors must be notified if any equipment, machines, tools or vehicles appear to be damaged, defective, or in need of repair. It is the responsibility of all drivers and equipment operators to report any need for repair. Prompt reporting of damages, defects, and the need for repairs could prevent deterioration of equipment and possible injury to employees or others. The improper, careless, negligent, destructive, or unsafe use or operation of equipment or vehicles, or the failure to report a need for repairs may result in disciplinary action, up to and including termination of employment. Supervisors will respond to questions about an employee’s responsibility for maintenance and care of equipment or vehicles used on the job.
County property, materials, supplies, tools, vehicles, and equipment are to only be used for Hays County business. Employees may not receive any income, compensation, or personal gain from individuals other than the governing body of Hays County for materials produced or services rendered while performing their Hays County jobs. Employees may not use Hays County facilities, property or equipment for outside employment, income, compensation, or personal gain. When the usage of county equipment by off-duty law enforcement officers is authorized, reimbursement for the usage must be made to the county per County Auditor requirements and applicable Hays County Sheriff and Constable Fees. If an employee is in doubt about a circumstance, they must obtain permission from the appropriate department head before proceeding. While performing county business employees may make what is considered a convenience stop so long as it does not require a detour from their direct travel route. This stop is limited to five or ten minutes and allows the employee the benefit of taking care of limited personal errands of little consequence and is not intended to be used for purposes that expend a greater amount of time. Violations of this policy may result in disciplinary action, up to and including termination of employment.
All vehicles purchased on or after October 1, 2015 shall be fitted with GPS tracking systems. The selection of a GPS tracking system will be coordinated with the County Auditor’s office. Efforts will be made to utilize the same system across departments where viable. The supervising Elected
252 Official or department head is responsible for the administration of the tracking system within their department. The installation of GPS tracking systems and other electronic equipment should be coordinated with the IT Department.
Employees may not use county vehicles to transport minors except for official county business, or in the event of a family emergency when approved by the supervising Elected Official or department head.
Equipment and property purchased with monies received through grants shall be used and managed in accordance with established procedures as long as the equipment is used for the purpose intended.
Only authorized personnel shall be permitted to operate county vehicles. Drivers are to observe all laws and regulations for safe driving as defined by the State of Texas. Safety belts are to be used by all occupants of the vehicle. Driving while under the influence of drugs or alcohol is prohibited. The possession of alcohol or illegal drugs in vehicles is prohibited unless it is required within the official duties of a Law Enforcement Officer. Violations of this policy may result in disciplinary action, up to and including termination of employment. Please refer to the Hays County Drug and Alcohol Policy for further information.
Hays County understands that it is convenient for employees to use their cell phones while driving. However, due to recent research about the safety of cell phone use while driving and in an effort to do everything possible to prevent workplace accidents the county discourages employee use of cellular phones while driving. Hays County recognizes that other distractions occur while driving, however, eliminating the use of cell phones while driving, is one way to minimize the risk of accidents. Therefore, while driving a Hays County owned/leased vehicle (including any machinery) you are advised to utilize hands free methods to communicate on your cell phone. State law prohibits the use of electronic messaging while driving, including text messaging and emailing. It is however recommended, that if possible you either stop your vehicle so that you can safely use your cell phone, or you should ask the caller for permission to contact them at a better and safer time.
All operators of county vehicles are required to maintain a valid State of Texas driver’s license. Employees are responsible for notifying their department head of any change in status regarding their licenses.
Hays County maintains up to date liability insurance coverage on all vehicles owned by the county. Any employee involved in an accident while driving or riding in a county vehicle or equipment must report the incident to proper law enforcement authorities immediately so that an official accident report can be filed. All accidents must be reported no matter how minor. In no instance should the driver leave the scene of an accident before the police have made their investigation
253 and cleared the driver to leave. The employee must notify their department head and the Human Resources Department on the day of the incident. A copy of the official accident report must be forwarded to Human Resources as soon as the report is available. Employees may be required to participate in a defensive driving course at their expense. Course attendance is mandatory if it is found that the employee is considered at fault in a reportable accident.
All accidents require the completion of a Hays County Accident and Incident Report within 24 hours. If an accident occurs while operating a vehicle or equipment that involves noticeable bodily injury to a county employee or other persons the employee must participate in a drug screening within 24 hours. Any injuries that are not immediately noticeable following the accident must be reported to the Human Resources Department as soon as they become apparent and a description of the injury must be documented and added to the Hays County Accident and Incident Report. If an accident occurs while operating county equipment or a county vehicle that involves damage to any property, the employee must participate in a drug screening within 24 hours. The Human Resources Department will schedule the drug screening and coordinate with the administrative official. Drug screening tests that may be used include but are not limited to blood tests, breath- analysis, saliva tests, hair tests, as well as urinalysis or other scientific methods. All testing results will be kept strictly confidential by the county, unless required to be disclosed by a court order, or unless disclosure is otherwise permitted in writing by the individual who is the subject of testing. Hays County has adopted the Department of Transportation (DOT) “Federal Motor Carrier Safety Administration, 49 CFR Part 382” as the minimum standard for testing. Hays County expressly reserves the right to initiate additional testing processes if it determines such to be advisable. A copy of this standard will be provided to DOT licensed drivers for their acknowledgement by their respective county department.
Employees who drive personal vehicles to perform county business are responsible for all damage incurred in the course of such business and are therefore required to maintain state minimum liability vehicle insurance coverage. Failure to do so can result in termination of employment. The county shall not be responsible for damages to a personal vehicle.
Departments within Hays County may institute further policies regarding Vehicle Use and operator responsibilities so long as they do not conflict with county policy.
Driving Record Review
A driving record review will be conducted by the Human Resources Department for all Hays County employees during the hiring process. The results of the review will be communicated with the hiring administrative official. A review resulting in ineligibility will result in a notification to the applicant that they do not meet the basic requirements for the position and are not eligible for hire if the position requires the operation of county vehicles. The inability to operate a Hays County
254 vehicle does not affect the applicant’s eligibility for hire for positions not requiring the operation of a county vehicle.
Any employee that operates a county vehicle must maintain a valid, current Texas driver’s license and a safe driving record. Employees are responsible for notifying their department head of any change in status regarding their licenses. Human Resources will annually perform a driving record review on all employees. Employees will not be able to operate fleet vehicles or drive their personal vehicle to conduct county business unless their driving record is satisfactory annually.
The eligibility to drive for applicants or employees will be determined by the following driving record review:
All violations, including those that occur while off-duty or in a personal vehicle, within 36 months of the date of review will be considered.
Automatic Ineligibility for: Vehicular Manslaughter or Vehicular Homicide Revoked, Suspended, or Cancelled Driver's License Expired Driver's License
6 points: Leaving the scene of an accident Hit and run Negligent Homicide Driving Under the influence of drugs or alcohol Unlawful use of driver's license Driving while license is suspended
4 points: At fault accidents Driving on the wrong side of the road Driving in the wrong lane Turn from wrong lane Failure to control vehicle Illegal passing
3 points: Speeding and all other minor moving violations (to include all other scheduled violations)
Ineligible An employee will become ineligible to operate a county vehicle when receiving within 36 months of the review date:
255 a) a violation that results in automatic ineligibility; or b) a total of 12 points or more
Warning Period A total of between 8 and 11 points within 36 months of the review date will result in a written warning to the employee informing the employee that they have entered a warning period and they are in jeopardy of becoming ineligible to drive a county vehicle if their point total reaches 12 or more within any 36 month period. This warning period will result in semi-annual reviews, beginning 6 months from the date of the review resulting in the warning period. The semi-annual reviews will continue for the employee until the 36 month point total falls below 8. Within 30 days of entering the warning period the employee, at their expense, must satisfactorily complete a defensive driving safety course approved by the Human Resources Department. If during any review the 36 month point total equals or exceeds 12 points, the employee becomes automatically ineligible to operate a county vehicle.
If an employee’s job duties require the operation of a county vehicle, the failure to maintain eligibility to operate a county vehicle will result in disciplinary action, up to and including termination of employment.
Assigned Vehicles
Due to emergency response responsibilities the following employees are assigned vehicles and may be authorized to take county vehicles home regularly.
Law Enforcement Officers Public safety personnel who are on an “on-call” status Emergency Services Director Transportation Department Director Transportation Department Assistant Director Transportation Department Equipment Superintendent Transportation Department Maintenance Superintendent Transportation Department Operations Superintendent Transportation Department Budget and Financial Manager Transportation Department Assistant Road Maintenance Superintendent Transportation Department Construction Manager Transportation Department Road Supervisors Transportation Department Leads Transportation Department Inspectors Chief Environmental Health Specialist Environmental Health Specialist-1
256 With the exception of Law Enforcement Officers and Emergency Management personnel hired prior to October 1, 2015, employees within the positions listed above may not take a county vehicle home without Commissioners Court approval unless they reside: a) in Hays County or b) within 20 miles from their principal office location if they reside outside of Hays County. All employees hired on or after October 1, 2015 for any position listed above must reside: a) in Hays County or b) within 20 miles from their principal office location if they reside outside of Hays County, in order to take a county vehicle home without Commissioners Court approval. It is understood that principal office locations may change from time to time for some personnel that are authorized to take county vehicles home regularly. Temporary changes in office locations will not result in a violation of this policy with respect to the distance from the principal office location. In the event a permanent change in the principal office location for a county employee is made and the employee is no longer authorized to take a county vehicle home per this policy, the supervising Elected Official or department head can request Commissioners Court approval to allow the employee to continue to take the vehicle home.
Employees not authorized to take a county vehicle home may be allowed to do so from time to time for specific situations when warranted and upon approval of the supervising Elected Official or department head.
257 HAYS COUNTY
Disclosure / Whistle-Blowing Policy
Employees are often the first to realize that there may be something seriously wrong within the organization. However, they may refrain from expressing their concerns because they feel speaking up would be disloyal to their colleagues or supervisors. They may also fear harassment or retaliation.
Hays County is committed to the highest standards of openness, honesty, and accountability. In consideration of that commitment, Hays County expects employees and others with serious concerns about any aspect of Hays County’s ongoing operations to come forward and voice those concerns. This Disclosure / Whistle-Blowing Policy is intended to encourage and enable staff to raise serious concerns within Hays County, without fear of retaliation.
1. Scope
This policy aims to:
Provide avenues for employees to raise serious concerns and receive feedback on any action taken.
Reassure employees that they will be protected from retaliation or harassment for providing information in good faith.
Inform employees of the procedures to initiate further investigation if they are dissatisfied with the outcome.
The Grievance Process (Section 3.23 Hays County Employee Personnel Policy) enables employees to lodge a grievance relating to their own employment. This Disclosure / Whistle- Blowing Policy is intended to encompass serious concerns that are not addressed in the grievance process, or other policies. That concern may be about something that:
Is unlawful Violates Hays County’s stated policies Falls below established standards or practices Represents improper conduct
2. Safeguards
Harassment or Retaliation – Hays County recognizes that the decision to report a concern can be a difficult one to make, not least because of the fear of retaliation from those responsible for the misconduct. Hays County will not tolerate harassment or retaliation and will take action to protect those who raise a concern in good faith. If an employee who raises a concern is already the subject of disciplinary procedures, this does not mean that those procedures will stop as a result of their disclosure.
Confidentiality – Hays County will attempt to protect an individual’s identity if they report a serious concern and do not want their name disclosed. The investigation process however,
258 may reveal the source of the information, and/or a statement by the individual may be required as part of the evidence.
Anonymous Allegations – This policy encourages individuals to put their names to allegations. Concerns expressed anonymously are much less powerful, but will be considered. In exercising this discretion, the factors to be considered include:
The seriousness of the issues raised The credibility of the concern The likelihood of confirming the allegations from attributable sources
Untrue Allegations – If an allegation is made in good faith, but is not corroborated by the investigation, no action will be taken against the originator of the allegation. If individuals make malicious allegations, disciplinary action may be considered against that individual
3. Raising a Concern
For less serious issues, employees should raise concerns with their supervisor. In general, however, the Disclosure / Whistle-Blowing Policy should be applied for potentially more serious and sensitive issues. The first step is to approach a supervisor. If the subject of the allegation happens to be a supervisor, then the Department Head/Elected Official or County Auditor should be contacted. In all cases, an initial investigation will determine whether or not a full investigation is required. Concerns should be reported in writing using the Antifraud Disclosure Form. The form can be obtained, confidentially, from the County Auditor, or accessed on the Hays County Intranet. The background and history of the issue, together with pertinent dates, should be included on the form. As much detail as possible, should be documented, including the reason why the individual suspects fraud. The sooner the concern is reported, the sooner and easier it is to investigate and take action. Although employees are not expected to prove the truth of an allegation, they will need to demonstrate that there are sufficient grounds for concern.
4. How the Complaint Will Be Handled
The action taken by the County Auditor will depend on the nature of the concern. The matters raised may be investigated internally and/or reported to the police. For more specific details of the response to a complaint, refer to the Hays County Antifraud Policy.
The amount of contact between the investigator and the originator of the complaint will depend on the nature of the issues raised, the potential difficulties involved, and the clarity of the information provided. If necessary, further information will be requested from the originator of the complaint. Hays County will take steps to minimize any difficulties that the originator of the complaint may experience as a result of their concern.
Hays County realizes that the originator of the complaint needs to be assured that the matter has been properly addressed. To help with this, whenever appropriate, and subject to legal constraints, the originator of the complaint will receive information about the outcome of the investigation.
259 Hays County Email Policy Effective January 1, 2019
Purpose Hays County provides email addresses and capability to its employees who use computers in order to conduct County business internally and externally. The purpose of this policy is to set guidelines and expectations for use of County email addresses and use of County time to send/receive/respond/act on those emails.
This policy goes into effect immediately upon adoption by the Commissioners Court.
Policy A County email address must be used only for conducting official County business and not for any personal use.
1. Any employee who is authorized to use Internal Group Emails, such as but not limited to Everyone, Department Heads and/or Elected Officials, must have those emails approved beforehand by that employee’s Office/Department head, unless that Office/Department head has given that specific employee authority to issue emails on his/her behalf. The Office/Department head, as well as the employee, will be considered responsible for the content of the email. All County emails, except those exempted by law, are subject to Open Records requests. It is the responsibility of each Elected Official/Department Head to ensure that all employees under his/her supervision are aware of, understand, and adhere to this policy. 2. While Hays County acknowledges that employees will occasionally use County email to communicate internally and externally with business associates in the spirit of camaraderie and teamwork, employees are cautioned to refrain from sending any material that could be considered offensive to any person. 3. Internal and external emails should reflect County business or be directly related to County business or employees. For instance, announcing information about or benefits for County employees or their immediate relatives (as defined by Human Resources policies) are acceptable; information about or benefits for non-profit organizations funded fully or in part by the Hays County Commissioners Court are acceptable; information about or benefits for private business, organizations, schools, etc., are not acceptable. When sharing information about a co-worker or co-worker’s family member, ensure that person has authorized the sharing of the information.
4. Employees shall obey all local, state and federal laws, including but not limited to the Hatch Act when using County email. Specifically, employees should avoid content that includes: a. Profane language or content, b. Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance,
260 national origin, physical or mental disability or sexual orientation, c. Sexual content or links to sexual content, d. Solicitations of commerce, e. Conduct or encouragement of illegal activity, f. Information that may tend to compromise the safety or security of the public or public systems, or g. Content that violates a legal ownership interest of any other party.
5. Employees found in violation of this policy may be subject to disciplinary action, up to and including termination of employment.
261 HAYS COUNTY
ANTIFRAUD POLICY
PURPOSE: The purpose of this policy is to provide guidelines for the prevention, deterrence, and detection of fraud. Administration and Staff will be responsible for creating a positive workplace environment ensuring a culture of honesty and ethical behavior to enhance Hays County’s ability to protect its assets, operations, and reputation.
SCOPE: This policy applies to any fraud, or suspected fraud, involving employees, consultants, vendors, contractors, and/or any other party with a business relationship with the County. All employees are responsible for the detection and prevention of fraud, misappropriations, and other irregularities. Each Department Head/Elected Official shall be familiar with the types of improprieties that might occur within their area of responsibility, and be alert for any indication of fraud.
Any fraud that is detected or suspected must be reported immediately to the County Auditor, who shall coordinate all investigations. All employees will be held accountable to act within the organization’s code of conduct.
ACTIONS CONSTITUTING FRAUD: Fraud is defined as the intentional false representation or concealment of a material fact for the purpose of inducing another to act upon it to his or her injury. Examples of fraud refer to, but are not limited to:
Any dishonest or fraudulent act Impropriety in the handling or reporting of money or financial transactions Forgery or alteration of any document or account belonging to the County (checks, timesheets, invoices, contractor agreements, bid documents, purchase orders, electronic files, and other financial documents) Financial report misrepresentations Forgery or alteration of a check, bank draft, or any other financial document Misappropriation of funds, securities, supplies, inventory, or any other asset including furniture, computers, fixtures or equipment) Authorizing or receiving payments for hours not worked Disclosing confidential and proprietary information to outside parties Accepting or seeking anything of material value from contractors, vendors, or persons providing services/materials to the County that may be construed to be an attempt to influence the performance of an employee’s official duty in the scope of employment for the County Destruction, removal, or inappropriate use of records, furniture, fixtures and equipment Any similar or related irregularity
Questions as to whether an action constitutes fraud should be referred to the County Auditor for clarification.
REPORTING: Hays County expects employees and others with serious concerns about any aspect of Hays County’s ongoing operations to come forward and voice those concerns. Concerns should be reported in writing using the fraud disclosure form that is available to all employees. This form encourages individuals to put their names to allegations, but is not a requirement. If an allegation is made in good faith, but is not corroborated by the investigation, no action will be taken against the originator of the allegation. If individuals make malicious allegations, disciplinary action may be considered against that individual.
Individuals can also call the County Auditor directly.
262
Hays County realizes that the originator of the complaint needs to be assured that the matter has been properly addressed. To help with this, whenever appropriate, and subject to legal constraints, the originator of the complaint will receive information about the outcome of the investigation.
INVESTIGATION RESPONSIBILITIES: The County Auditor shall have the primary responsibility for the investigation of all suspected fraudulent acts as defined in this policy. Any employee who suspects dishonest or fraudulent activity must notify the County Auditor immediately. An employee shall not attempt to personally conduct investigations and shall not contact the suspected individual in an effort to determine facts or demand restitution.
Upon completion of its investigation, the County Auditor shall submit a report detailing its findings to the County Judge & Commissioners and other department heads, as appropriate. The County Auditor’s report may contain a recommendation to refer the matter to the appropriate law enforcement and/or regulatory agencies for independent investigation. The decision to make any such referral shall be made by the County Judge & Commissioners in conjunction with legal counsel.
CONFIDENTIALITY: The County Auditor shall treat as confidential, all reports of suspected fraud or irregularities and all information obtained through an investigation. Hays County will attempt to protect an individual’s identity if they report a concern and do not want their name disclosed. The investigation process, however, may reveal the source of the information, and/or a statement by the individual may be required as part of the evidence. Hays County will not tolerate any form of retaliation, and will take action to protect those who raise a concern in good faith.
Investigation results shall not be disclosed or discussed with anyone other than those who have a legitimate need to know. All inquiries concerning the activity under investigation from the suspected individual, his attorney or representative, or any other inquirer should be directed to the County Auditor.
AUTHORIZATION: In the course of an investigation of suspected fraud, with proper notification of the appropriate level of management and in the presence of the appropriate administrator, the County Auditor shall have:
Free and unrestricted access to all County records, premises, and facilities, whether owned or rented by the County The authority to interview employees The authority to examine, copy, and/or remove all documents, electronic data, files, tapes, disks, computers, and other equipment and storage facilities on the premises without prior knowledge or consent of any individual who may use or have custody of any such items or facilities when it is the scope of the investigation
CONSEQUENCES: In the event an employee is found to be engaging in or to have been engaged in fraudulent acts, or purposefully failed to report fraudulent acts, he/she will be subject to disciplinary action, which could include termination. Based on the seriousness of the offense, the results may be referred to the appropriate law enforcement and/or regulatory agencies.
263
Hays County Landline and Cell Phone Policy Effective January 1, 2019
PURPOSE Landlines and Cell Phones are a large expense for the County. The purpose of the Landline and Cell Phone Policy is to reduce expenses and ensure that each device is being used to its best advantage and in the most cost-effective way. Elected officials and department heads are responsible for ensuring that each employee is trained on proper phone use.
POLICY 1. All County-paid cell phones are on the AT&T system. There is no charge to the County for calls made between AT&T cell phones. Whenever possible, County employees with County- paid cell phones should communicate using those cell phones.
2. A call from a County cell phone to a County landline (desk phone) will result in a per-minute charge to the County. Calls from cell phones to landline phones should be avoided whenever possible.
3. The County’s internal dial system (1+extension) established in 2010 is the least expensive way for calls to be made from one County landline phone to another. The internal dial system must be used at all times for communications between different offices if 2-way cell phone use is not an option. There is no longer a need or reason to call internally using the numbers published for the general public, which result in higher costs to the County.
Elected officials and department heads should ensure that their office/department’s internal phone extension and cell phone information is kept up to date by reporting any changes to the Hays County Communications Manager.
No calls should be made to Directory Assistance (4-1-1) on County-paid cell or landline phones as these calls result in charges to the County. Employees needing Directory Assistance should first use the Internet to find a number, or dial 1-800-FREE-411 (1-800-373- 3411) from your phone. Since the service is sponsored by advertisers, you'll have to listen to a 10-second ad before you can choose whether you want a business, government, or residential number.
County-paid Smart Phones have a Wi-Fi capability that allows for free calls and data access. Employees with Smart Phones should use this feature whenever possible. All County office buildings have Wi-Fi for employee use, and AT&T has tens of thousands of Wi-Fi-enabled “hot spots.” Employees should seek and use those free Wi-Fi hot spots whenever possible when outside of County buildings.
4. For those employees whose department heads require them to have a cell phone to conduct County business, the County offers the option of allowing that employee to use his/her personal cell phone and receive a stipend of $45 per month to cover County-use costs, as this can save
264 the County money over supplying a County-owned cell phone. This policy may be altered or ended at any time if the Auditor’s Office determines that it is no longer in the County’s best interest to offer it. An elected official or department head must fill out and sign the Request/Justification Form – Electronics and Related Equipment/Services located on the Intranet (County Documents/Employee Forms/Data Electronics Form) in order to request a cell phone or a stipend for an employee.
5. The Hays County Auditor’s Office will review all phone charges for each office/department. The Commissioners Court will require explanations from elected officials and department heads for non-compliance.
6. All cell and landline charges will be the responsibility of each office/department.
7. All requests for new and existing cell phones except for certified peace officers, elected officials and department heads must be made via the Request/Justification Form – Electronics and Related Equipment/Services which is located on the county Intranet (County Documents/Employee Forms/Data Electronics Form).
8. Employees found in violation of this policy may be subject to disciplinary action, up to and including termination of employment.
265 Hays County SOCIAL MEDIA POLICY Effective January 1, 2019
PURPOSE Use and monitoring of social media sites requires employee time that directly impacts productivity and results in costs to taxpayers. The purpose of the Hays County social media policy is to provide rules and set public expectations for conduct by and content developed/published by elected officials, department heads and employees who: a. use social media for Hays County business, b. access social media venues while on duty, and/or c. use Hays County equipment (i.e., computers, Internet access) to connect to social media sites.
In addition, this policy provides guidelines for off-duty elected officials, department heads, and employees who access or maintain social media sites and identify themselves as or may be identified by others as Hays County employees.
This policy is in effect immediately upon adoption by the Commissioners Court.
POLICY
See Attachment A for Definitions
1. Hays County offices/departments may use County-approved* social media and social network sites to further enhance communications with various stakeholder organizations in support of County goals and objectives: a. if the elected official/department head demonstrates a business need to do so and that need is approved by the Director of Information Technology and the Director of Human Resources or their designees and the Hays County Commissioners Court; b. develops a content plan that is approved by the Director of Information Technology and the Director of Human Resources or their designees; and c. ensures that content is updated/refreshed in a timely manner.
In addition to any office/department-specific Facebook pages that are authorized, Hays County will maintain one Facebook page to support all County offices/departments as a one-way communications vehicle. Information requested to be placed on the Facebook page must be approved by the requesting office/department head and by the Communications Manager or IT Director or their designees.
Hays County will maintain one Twitter account. All Tweets from County offices/departments will first be approved by the office/department head and by either the Communications Manager or the IT Director and will be issued via the County Twitter Account.
266 The Hays County Sheriff’s Office and Hays County Emergency Management Office are authorized to maintain separate Twitter or NIXL accounts, if so desired, for use in 24/7 emergency communications. Those account names will be approved and issued by IT for those two offices/departments. Fee-based accounts, such as NIXL, must be paid for by the requesting office/department and budget must be approved by the Commissioners Court. The official/department head will be responsible for ensuring that all communications are related to necessary County business.
Other offices/departments that can establish a business need for a separate Twitter account must have that need approved first by the Hays County Communications Manager and then by the Hays County Commissioners Court.
Two-way communications (i.e., allowing persons to post information or responses on a Hays County-approved social media site) will be approved case-by-case based on demonstration of a business need by the Hays County Communications Manager and the Hays County Commissioners Court. See Attachment B Social Media Comments Standards Policy.
*Current County-approved social media for consideration for use by individual offices/departments, with proper approvals, include Facebook, Twitter, Nextdoor, Nixle, YouTube, LinkedIn, Flickr®, Photobucket, Instagram, Snapchat, and Tumblr.
Any office/department that is already using social media has 90 days from the adoption of this policy to comply with this policy.
2. During emergency situations, the County Judge may request that offices and departments using social media adhere to the County’s intent to “speak with one voice” and re-issue only information authorized by the County Judge, Communications Manager and/or Emergency Management Director or their designees.
3. Following approval, all Hays County social media sites shall be a. published using approved County social networking platform and tools; and b. administered by the Department of Information Technology Director or his/her designee. Designees can be any office/department employee or volunteer who has a complete understanding of this policy and has appropriate content and technical experience and is designated by the requesting elected official/department head.
The IT Department will maintain administrative access to each site/account at all times and will be responsible for collecting and assigning all domain names to Hays County social media venues.
4. The County website shall remain the primary and predominant source for Internet information. All social networking sites shall clearly indicate they are maintained by Hays County and shall have Hays County contact information and County seal prominently displayed. Each social networking site must include a link to the official Hays County Web site for forms, documents and other information. Each Hays County social networking site shall include an introductory statement which clearly specifies the purpose and topical scope of the social network site.
5. All Hays County social networking sites shall adhere to applicable state, federal and local laws, regulations and all County policies, including but not limited to Communications, Information Technology and Records Management. Freedom of Information Act and e-discovery laws and
267 policies apply to social media content and therefore content must be able to be managed, stored and retrieved to comply with these laws.
6. Hays County social networking sites are subject to State of Texas public records laws. Relevant records retention schedules apply to social networking content. Records required to be maintained pursuant to a relevant records retention schedule shall be maintained for the required retention period in a format that preserves the integrity of the original record and is easily accessible using the approved County platforms and tools. a. Content submitted for posting that is deemed not suitable for posting by a Hays County social networking moderator because it is not topically related to the particular social networking site objective being commented upon, or is deemed prohibited content based on the criteria in Policy Item 7 of this policy, shall be retained pursuant to the records retention schedule along with a description of the reason the specific content is deemed not suitable for posting. b. All social network sites and entries shall clearly indicate that any articles and any other content posted or submitted for posting are subject to public disclosure. Each site must link to the County’s Social Media Comments Policy which is part of this document and will be posted and maintained by the IT Department.
7. Hays County reserves the right to restrict or remove any content that is deemed in violation of this policy or any applicable law. Each office/department is responsible for monitoring postings and taking appropriate action when necessary, to protect general site visitors from inappropriate or technically harmful information and links.
8. Hays County social networking content and comments containing any of the following forms of content shall not be allowed for posting: a. Comments not topically related to the particular site or blog article being commented upon; b. Profane language or content; c. Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation; d. Sexual content or links to sexual content; e. Solicitations of commerce; f. Conduct or encouragement of illegal activity; g. Information that may tend to compromise the safety or security of the public or public systems; or h. Content that violates a legal ownership interest of any other party, including but not limited to drawings, pictures, photos, logos and text.
9. All Hays County social networking moderators shall be responsible for enforcing the terms of this policy, including but not limited to reviewing content submitted for posting to ensure compliance with the policy.
10. County IT security policies shall apply to all social networking sites and articles.
11. County employees authorized to use social media technology shall do so only within the scope defined by their respective County office/department and in compliance with all County policies, practices and use agreements. Employees representing the County government via social media outlets must conduct themselves at all times as a representative of the County and in accordance
268 with all County policies. Employees shall obey all laws, including but not limited to the Hatch Act when using social media.
See Attachment C–Employee Guidance for Participating in Social Networking.
12. Employees found in violation of this policy may be subject to disciplinary action, up to and including termination of employment.
ATTACHMENT A. Definitions For the purpose of this Hays County Social Media Policy, the following terms are defined as provided below:
1. Social Media: Social media is content created by individuals using accessible and scalable technologies through the Internet. Examples of social media include Facebook, Instagram, Snapchat, blogs, , YouTube, Twitter, LinkedIn, Flickr, etc. Not all social media are approved for use by Hays County at this time. Approved social media include Facebook, Twitter, Instagram, Snapchat, Nixle, YouTube, Nextdoor, Linkedin, Tumblr, Flicker and Photobucket. 2. Blog: (an abridgment of the term web log) is a Hays County website with regular entries for the purpose of commentary, descriptions of events or other material such as graphics or video. 3. Hays County author: An authorized Hays County employee who creates and is responsible for posted articles and information on social media sites. 4. Article: An original posting of content to a Hays County social media site by a Hays County author. 5. Commenter: A Hays County employee or member of the public who submits a comment for posting in response to the content of a particular Hays County article or other social media content. 6. Comment: A response to a Hays County article or social media content submitted by a commenter. 7. Hays County moderator: An authorized Hays County official/employee who reviews, authorizes and allows content submitted by Hays County authors and public commentators to be posted to a Hays County social media site.
ATTACHMENT B. Social Media Comments Standards Policy 1. When two-way communications is authorized by the County for a County-approved social media venue: a. Comments submitted by members of the public must be directly related to the content of the articles. b. Submission of comments by members of the public constitutes participation in a limited public forum. c. Hays County moderators shall allow comments that are topically related to the particular article being commented and thus within the purpose of the limited public forum, with the exception of the prohibited content listed in Policy Section 7 above. d. All members of the public who wish to post comments must first be directed to read and accept the Hays County Terms of Use agreement, which will be posted on the Hays County website and Facebook page and accessible via the Notes section of each office/department Facebook page that is authorized to accept comments.
2. Author and Commenter Identification
269 a. All Hays County authors and public commentators shall be clearly identified. Anonymous postings shall not be allowed, nor will use of “handles” that do not represent the author/commentator’s true name. b. Enrollment of public commentators shall be accompanied by valid contact information, including a name, address, and email address. Street addresses and phone numbers should NOT be included online.
3. Ownership and Moderation a. The content of each Hays County social media venue shall be the sole responsibility of the office/department producing and using the site. b. Documents and articles submitted to a Hays County social media venue shall be moderated by an authorized moderator representing the County.
4. Social Media Comments & Responses a. All articles and comments shall be reviewed and approved by an authorized moderator before posting on a Hays County social media site. b. All articles and comments submitted for posting with attached content shall be scanned using antivirus technology prior to posting. c. The linked content of embedded hyperlinks within any Hays County articles or comments submitted for posting shall be evaluated by that office/department prior to posting. d. Any posted hyperlinks that do not lead to a local, state, county or U.S. government site shall be accompanied by a disclaimer stating that: Hays County guarantees neither the authenticity, accuracy, appropriateness nor security of the link, web site or content linked thereto. e. It is strongly recommended that any link be vetted in advance of posting by the Hays County IT Department. Some links contain embedded links that go to material that could be considered objectionable; some link names can be easily confused with previously vetted links, etc.
ATTACHMENT C. Employee Guidance for Participating in Social Networking Hays County understands that social networking and Internet services have become a common form of communication in the workplace and among stakeholders and citizens. Social networks are online communities of people or organizations that share interests and/or activities and use a wide variety of Internet technology to make the interaction a rich and robust experience. Employees who choose to participate in social networks as a County employee should adhere to the following guidelines:
1. County policies, rules, regulations and standards of conduct apply to employees that engage in social networking activities while conducting County business. Use of your County e-mail address and communicating in your official capacity will constitute conducting County business. 2. All County social networking sites must be authorized by the official/department head of that office/department. 3. Offices/departments have the option of allowing employees to participate in existing social networking sites as part of their job duties. Officials/Department Heads may allow or disallow employee participation in any social networking activities in their offices/departments. 4. Protect your privacy, the privacy of citizens, and the information the County holds. Follow all privacy protection laws, i.e., HIPPA, and protect sensitive and confidential County information. 5. Follow all copyright laws, public records laws, retention laws, fair use and financial disclosure laws and any other laws that might apply to the County or your functional area. Information posted on the Internet may be copyrighted and must not be used until permission is given by the author of the information.
270 6. Do not cite vendors, suppliers, clients, citizens, co-workers or other stakeholders without their approval in writing/email. 7. If you publish content on any website outside of a Hays County site and it is connected to the work you do or subjects associated with the County, use a disclaimer such as this: “The postings on this site are my own and don’t necessarily represent the County’s positions or opinions.” Do not use your County email address for non-County-approved postings. 8. Do not use ethnic slurs, profanity, personal insults, or engage in any conduct that would not be acceptable in the County’s workplace. Avoid comments or topics that may be considered objectionable or inflammatory. See Policy Section 7 for complete information. 9. If you identify yourself as a County employee, ensure your profile and related content is consistent with how you wish to present yourself to colleagues, citizens and other stakeholders. 10. Correct your mistakes, and don’t alter previous posts without indicating that you have done so. Frame any comments or opposing views in a positive manner.
Social Media Comments Policy
All Hays County social media sites that are authorized to receive outside comments must link to the County’s social media comments policy page using a standardized button available from IT upon approval of two-way commenting. The IT department will maintain this page, the current text is included here for information purposes, and will be updated as necessary. The policy page currently reads as indicated below and will be modified as needed with the approval of the IT Director, Communications Manager and General Counsel.
Hays County social media sites are designed to present matters of public interest in Hays County. We encourage you to submit your questions, comments and concerns to those sites that allow comments, but please note that Hays County social media sites are moderated online discussion sites and not public forums.
Once posted, Hays County reserves the right to delete submissions that contain vulgar language, personal attacks of any kind, offensive comments that target or disparage any ethnic, racial or religious group or that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, sexual orientation, status with regards to public assistance, national origin or physical or mental disability.
Further, the County also reserves the right to delete comments that are spam or include links to other sites, clearly off topic, advocate illegal activity, promote particular services, products or political organizations, infringe on copyright or trademarks, use personally identifiable medical information – we recommend that you not share any medical or other sensitive information on our social media sites.
Please note that comments expressed on our social media sites do not reflect the opinions and position of Hays County government or its employees. If you have any questions concerning the operation of any of our online moderated discussion sites, please contact the Communications Manager at 512-461-2296 or [email protected].
271 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 Discussion and possible action to authorize the execution of an Interlocal Cooperative Agreement between Hays County and Walker County related to jail transfer.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
ACTION-MISCELLANEOUS December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
INGALSBE N/A
SUMMARY See attached agreement.
272 STATE OF TEXAS COUNTY OF HAYS
Interlocal Cooperation Agreement
& This lnterlocal Cooperation Agreement ("Agreement") is entered into effective the (} vf 117/).P/' :;it, ;J/JIK ("Effective Date"), by and between the County of Hays, a political subdivision of the State of Texas ("County") and the County of Walker, a political subdivision of the State of Texas ("Contractor"). County and Contractor may each hereafter be referred to as a "Party" or collectively as the "Parties". This Agreement is entered into by the Parties under the lnterlocal Cooperation Act, Texas Government Code Chapter 791.
Witnesseth
Whereas, Walker County seeks to provide for the housing and care of certain inmates of Hays County; and
Whereas, Contractor currently has excess capacity and the ability to provide housing and care for such inmates at the Walker County Jail ("Jail"); and
Whereas, the Parties desire to enter into this Agreement under which Contractor will provide detention services for inmates of Hays County at the Jail.
Now, Therefore, in consideration of the mutual covenants and agreements stated herein, the Parties agree as follows:
Article I; Purpose
1.1 The purpose of this Agreement is to establish the terms and conditions under which Contractor will provide to Hays County detention services for Hays County inmates at the Jail.
Article II: Term
2.1 The term ("Term") of this Agreement shall commence on the Effective Date and shall terminate on December 31, 2019. The Agreement shall renew automatically upon the expiration of the current term for three additional one year periods commencing on January 1, 2020 and continuing through December 31, 2023, unless either County or Contractor provides the other Party with written notice of its desire not to renew the Agreement. Such notice shall be provided at least ninety days before the expiration of the current term. All Agreements between the Parties are set out in this Agreement and oral agreements not contained in this Agreement will not be enforceable against any Party.
1
273 2.2 Notwithstanding Article II, Section 2.01 herein, this Agreement will terminate if sufficient funds are not appropriated by the Hays County Commissioners Court to meet the County's fiscal obligations herein, or if sufficient funds are not appropriated by the Walker County Commissioners Court to meet the Contractor's service obligations agreed hereto in any fiscal year. In such event, the terminating Party agrees to give the non-terminating Party sixty days written notice before such termination.
2.3 The Parties agree that, notwithstanding any contrary language herein, either County or Contractor may terminate this Agreement with or without cause by giving the other Party thirty days written notice of its intention to terminate.
Article III; Desi~nated Representatives
3.1 Hays County hereby appoints Captain Mike Davenport, Hays County Jail Administrator, as its designated representative under this Agreement.
3.2 Contractor hereby appoints Jennifer Lewman, Walker County Jail Administrator, as its designated representative under this Agreement.
3.3 A Party may change its designated representative at any time by providing the other Parties with written notice of the change under Article X, Section 10.01 herein.
Article IV; Contractor Obli&ations
4.1 Contractor agrees to accept and provide for the secure custody, care, transportation and safekeeping of inmates of County in accordance with State and local law, including the minimum standards promulgated by the Texas Commission on Jail Standards ("Jail Commission"). The Parties agree that any inmate of County shall be eligible for incarceration at the Jail under this Agreement provided that the incarceration of such inmate is in accordance with the standards under the Jail Commission approved custody assessment system in place at the Jail. Contractor understands and agrees that County shall have sole discretion as to the number of inmates of County to send to the Jail, including whether to send any inmates at all, and that County does not guarantee a minimum number of inmates to be housed in the Jail under this Agreement. Furthermore, County understands and agrees that Contractor will house County's inmates provided the Jail has available beds.
4.2 Contractor shall provide housing, care , meals and routine medical services for such inmates on the same basis as it provides for its own inmates confined in the Jail, subject to the terms and conditions of this Agreement. Routine medical services provided to County's inmates shall also be in accordance with Contractor's Health Services Plan for Contractor's inmates as required by Texas Administrative Code, Title 37, Part 9, Chapter 273, Rule 273.2.
2
274 4.3 Contractor agrees that it is not responsible for the transportation of inmates of County to and from the Jail, including but not limited to transportation of inmates to and from Court proceedings and hearings, transportation of inmates to the Texas Department of Criminal Justice, Institutional Division, for confinement, and/or transportation of inmates to and from County for any purpose, including non routine medical services not covered by this Agreement, as provided in Article IV, Section 4.06 herein. However, since Contractor is located in Huntsville, Texas, Contractor will assist County by transporting County inmates to a TDCJ Unit in Huntsville.
4.4 Contractor agrees to provide reasonable medical services to inmates of County only as follows:
(a) Contractor shall provide routine medical services to inmates of County in the Jail, including on-site sick call (provided by on-site staff) and nonprescription, over-the-counter/non-legend and routine drugs and medical supplies; and
(b) Contractor shall provide non-routine medical services to inmates of County, which are necessitated by an emergency or by a life-threatening medical situation, including ambulance transportation or emergency flight if required at the cost of County.
If an inmate of County requires medical services other than those described in Article IV, Section 4.4(a) herein, including but not limited to dental services, optical services, mental health services and prescription drugs and treatment. Contractor agrees to contact County's designated representative to advise the designated representative of: (i) the identity of the County inmate; (ii) the type of the medical services and/or treatments Contractor has determined the County inmate requires; (iii) any services or treatments the County inmate has received at the Jail in connection with the illness or condition for which Contractor is contacting County's designated representative; and (iv) the arrangements which have been made to transport the County inmate back to Hays County to receive the medical services and/or treatments. In addition, should a County inmate be hospitalized for any reason at a non-Hays County facility, Contractor shall provide County with the information required in items (i) through (iv) herein as well as a contact name and telephone number for a representative at the medical facility treating the County inmate that is familiar with the County inmate's condition.
4.5 Contractor and County understand that the detention services to be provided under this Agreement include routine custodial care and supervision, and do not include any special educational, vocational or other programs.
3
275 4.6 Contractor reserves the right for Contractor to review the background of inmates sought to be transferred to the Jail, and Hays County agrees to cooperate with and provide information reasonably requested regarding any such inmate if, in the reasonable judgement of Contractor's designated representative, a particular inmate's behavior, medical, or psychological condition, or other circumstances of reasonable concern, makes the inmate unacceptable for incarceration in the Jail.
4. 7 Contractor further agrees that should a prisoner be injured while being housed by Contractor, that Contractor will within ten hours notify Hays County of said injury and provides Hays County with copies of all incident reports relating to the injury.
4.8 Contractor, subject to the Texas Constitution, the Texas Tort Claims Act, and other applicable State statutes, shall be fully responsible and liable for all suits, claims, losses and expenses, including reasonable attorney's fees arising out of Contractor's performance or nonperformance of the services and duties herein stated, but only in regard to the actual holding and incarceration of prisoners by Contractor in the Jail and including the transfer of prisoners to and from the Jail unless transported by Hays County.
4.9 Contractor shall agree to maintain insurance that is comparable to that of other governmental entities in the practice of housing inmates in the Criminal Justice System.
Article V; Payment of Services
5.1 Hays County agrees to pay Contractor a per diem rate for detention services under this Agreement in the amount of $39.00 (Thirty-Nine Dollars and no cents) for each inmate for each day that detention services are provided from the Effective Date. The Parties agree that a portion of any day shall be computed as a full day under this Agreement and subject to the per diem rate only on the day of arrival of the inmate to the Jail. Hays County shall not be responsible for any pro-rated per diem fees for any partial day that includes the day of departure of any inmate.
5.2 Hays County understands and acknowledges that only routine medical services, as described in Article IV, Section 4.4(a) herein, are included in the per diem rate for detention services provided under this Agreement, and that reasonable medical expenses for services that are required to be provided under Article IV, Section 4.4(b) herein shall be the responsibility of Hays County.
5.3 Contractor agrees to issue a monthly invoice to Hays County addressed to the Hays County Sheriffs Office to the attention of Yvette Johnson at 1307 Uhland Rd. San Marcos, Texas 78666. Such statement shall detail the amount of compensation due and expenses incurred that are the responsibility of Hays County under this Agreement as well as the period of time for which the invoice applies. The invoice submitted by Contractor hereunder shall be paid in accordance with Texas Government Code Chapter 2251. If any amount set out in any invoice is disputed by
4
276 Hays County, the County agrees to notify Contractor in writing of the disputed amount, and the basis for the dispute, within fifteen days of receipt of such invoice. The Parties agree that only payment of the disputed amount may be retained by Hays County until the disputed matter is resolved, and that payment of the undisputed balance must be paid in accordance with this Article V, Section 5.03.
5.4 Payments by Hays County to Contractor for the detention services provided under this Agreement must be made from current revenues available to Hays County. The payment of funds under any provision of the Agreement by County is contingent upon an appropriation by Hays County to cover the provisions of the Agreement. Neither Hays County, its elected officials, employees, agents, attorneys, nor any other individual acting on behalf of Hays County, may make any representation or warranty as to whether any appropriation will, from time to time, be made by the governing body of Hays County. The failure of Hays County to appropriate sufficient funds will not cause Hays County to be in default under this Agreement, and Contractor's sole and exclusive remedy shall be to terminate this Agreement.
Article VI: Records
6.1 Hays County agrees to provide Contractor with copies of all inmate classifications and detention records applicable to each inmate that is to be detained at the Jail under this Agreement as well as any medical records or other relevant information in the possession of Hays County for each such inmate, including information regarding any special medication, diet, or exercise regimen applicable to each such inmate.
6.2 Upon request, Contractor agrees to provide Hays County with copies of any records or reports maintained by Contractor that are applicable to the particular inmate of Hays County relating to that inmate's detention at the Jail under this Agreement.
6.3 The Parties agree that Contractor shall not be responsible for the computation or processing of any inmate's time of confinement, including, but not limited to, computation of good time awards/credits and discharge dates. In addition, Contractor shall not be responsible for paperwork arrangements for any inmate that is to be transferred to the Texas Department of Criminal Justice, Institutional Division. All of the foregoing recordkeeping and/or paperwork requirements shall continue to be the responsibility of Hays County.
6.4 Hays County agrees to comply with all of Contractor's booking procedures. Contractor hereby agrees to furnish Hays County with a copy of those procedures on, or prior to, execution of the Agreement by Contractor.
5
277 Article VII: Texas Law to Apply
7.1 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and exclusive venue for any proceedings shall be in Hays County, Texas.
Article VIII: Le~al Construction
8.1 If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalid, illegal, or unenforceable provision shall not affect any other provisions hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
Article IX; Amendments
9.1 No amendment, modification, or alteration of the terms hereof shall be binding unless in writing, dated subsequent to the date of this Agreement, and duly authorized by the governing bodies of Hays County, Contractor and Operator.
Article X: Notices
10.1 All notices to be given under this Agreement shall be in writing and shall either be personally served against a written receipt therefore or given by certified or registered mail, return receipt requested, postage prepaid, and addressed to the proper Party at the address which appears below or at such other address as the Parties may designate. All notices given by mail shall be deemed to have been given three days after the time of deposit in the United States mail and shall be effective from such date.
To Hays County: Judge Bert Cobb 111 East San Antonio Street, Suite 301 San Marcos, Texas 78666
With copy to: Captain Mike Davenport Hays County Sheriffs Office 1307 Uhland Rd. San Marcos, Texas 78666
To Contractor: Walker County Judge Danny Pierce 1100 University Ave. Huntsville, Texas 77340
6
278 With copy to: Jennifer Lewman Walker County Sheriffs Office 655 FM 2821 Rd. West Huntsville, Texas 77320
Article XI; Assi&Jlment
11.1 No Party may assign its rights, privileges, or obligations under this Agreement, in whole or in part, without the written consent of the other Parties. Any attempt to assign without such approval shall be void.
Article XII: Compliance with Laws and Ordinances
12.1 The Parties hereby agree to comply with all federal, state, and local laws and ordinances applicable to the services to be performed under this Agreement.
Article XIII: A~eements Superseded
13.1 This Agreement constitutes the sole and only Agreement of the Parties hereto and supersedes all prior understandings or written or oral agreements between the Parties regarding the subject matter of the Agreement.
Article XIV: Multiple Counterparts
14.1 This Agreement may be executed in counterparts by the Parties hereto and each counterpart, when executed and delivered, shall constitute an original instrument and such separate counterparts shall constitute but one and the same instrument.
Article XV: Parties Bound
15.1 This Agreement shall be binding upon and insure only to the benefit of the Parties hereto and their respective successors and assigns where permitted by this Agreement. There are no third-party beneficiaries to this Agreement.
[signature page follows]
7
279 Executed in multiple counterparts, each of which shall have the full force and effectofanoriginal,onthisthe JJJtJiltM/-1/' ~I, .JOttf
County of Walker County of Hays
-Cf:~~kRae lb, .;1.cJN ~ Walker County Sheriff
~~ Bert Cobb Walker County Judge Hays County Judge
ATTEST: ATTEST:
BY: Kari A. French BY: Liz Q. Gonzalez Walker County Clerk Hays County Clerk
8
280 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 Discussion and possible action to approve the appointment of Mitch Johnson to replace Joe Segovia on the board of Emergency Services District #8, term ending December 31, 2019.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
ACTION-MISCELLANEOUS December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Mark Jones JONES N/A
SUMMARY See attached resume.
281 282 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 Discussion and possible action to approve a variance which would allow the property at 279 Grist Mill Rd, Kyle, TX to use OSSF rules in place in August of 1986.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
ACTION-MISCELLANEOUS December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
STRICKLAND INGALSBE N/A
SUMMARY The property at 279 Grist Mill Rd recently completed the amended plat process, to allow for the property owner to have 1.0 acre of land in the Anton Subdivision. The original configuration of lot 4 in the Anton Subdivision was .93 of an acre.
The property owner has submitted to put in a second aerobic spray system, but under current county regulations they would have to put in a Low Pressure Dose instead. This is due to setback requirements for the aerobic spray heads being enlarged since 1986. The owner is requesting to utilize rules set forth in 1986, as the new configuration of the lot is larger than what was originally platted and those rules would have allowed for the secondary system without any distance issues.
283 284 285 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 Discussion and possible action to authorize the execution of a Memorandum of Understanding (MOU) between the Hays County Local Health Department (LHD) and the Department of State Health Services (DSHS) for the Texas Syndromic Surveillance (TxS2).
ITEM TYPE MEETING DATE AMOUNT REQUIRED
ACTION-MISCELLANEOUS December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
CRUMLEY INGALSBE N/A
SUMMARY The MOU provides the LHD with access to the Limited Data Set through the TxS2 system for the purpose of supporting public health syndromic surveillance to protect the health of the citizens of Hays County and Texas. The LHD will access the Limited Data Set to support the ongoing analysis of data to search for combination of signs and symptoms of disease in a population.
286 DEPARTMENT OF STATE HEALTH SERVICES
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is entered into by and between the Texas Department of State Health Services (DSHS) and County of Hays (LHD), who are collectively referred to herein as the “Parties.” DSHS has authority to operate the statewide syndromic surveillance system, Texas Syndromic Surveillance (TxS2), under chapter 81 of the Health and Safety Code.
This MOU provides the Parties’ roles and responsibilities regarding accessing electronic health data (referred to herein as Limited Data Set) through the TxS2 system for the purpose of supporting public health syndromic surveillance to protect the health of the citizens of Texas. The Limited Data Set will, at a minimum, meet requirements for the Medicare and Medicaid Electronic Health Record (EHR) Incentive Programs for the meaningful use of certified EHR technology to improve patient care. More information on the Limited Data Set can be found at http://www.dshs.state.tx.us/txs2.
LHD intends to access the Limited Data Set, as set forth in this MOU, to support the ongoing analysis of data to search for combinations of signs and symptoms of disease in a population, which is expected to be useful in: identifying and responding to naturally occurring diseases such as influenza and food-borne illness, detecting and mitigating the effects of terrorist incidents, and serving other public health uses consistent with applicable law. Any other uses of the Limited Data Set are prohibited.
I. Roles and Responsibilities of Parties. The Parties will: A. Access and receive the Limited Data Set in a secure, confidential manner in compliance with all applicable federal and state laws governing the protection of health-related information. B. Use industry best practices to secure, protect, and manage the Limited Data Set. If LHD exports data from the system, LHD assumes responsibility for the security and privacy of the exported data. C. Use and share data for public health purposes only or as otherwise permitted by law or this MOU. D. Not attempt to determine the identity of, nor contact any person whose information is contained in the Limited Data Set unless such actions are necessary as part of a public health investigation or otherwise fall within the authority of the Party, as provided by Texas or federal law. E. Promptly provide written notice to the other Party of any use or disclosure of the Limited Data Set which violates the terms of this MOU or applicable law.
287 II. Roles and Responsibilities of DSHS. DSHS will: A. Develop and maintain the TxS2 system to receive the Limited Data Set from Data Providers. B. Receive and store data in one or more servers located in a secure data environment maintained by DSHS. C. Provide policies and procedures for requesting access and using TxS2. Policies and procedures will be posted at http://www.dshs.state.tx.us/txs2. D. Provide the following authorized users with access, as specified, to view and analyze data: 1. LHDs participating in TxS2 will have access to the Limited Data Set for all of the counties within the Health Service Region (HSR) that the LHD resides and aggregated statewide data. 2. Hospitals that participate in TxS2 will have access to all data within their facility and aggregate statewide data. 3. The Applied Physics Laboratory at Johns Hopkins University will have access to data as needed for system maintenance. 4. The Centers for Disease Control and Prevention (CDC), to whom DSHS sends syndromic surveillance data in support of the National Syndromic Surveillance Program. 5. All other government agencies with whom DSHS, by law, must share data. E. Sponsor trainings and provide technical assistance on TxS2 usage and capabilities. F. Remove user access to TxS2 as requested by the LHD within five business days of receipt of the LHD's written request. G. Maintain a list of all authorized users of TxS2 and upon written request by the LHD, provide the list of authorized users within that LHD’s HSR to the requesting LHD within five business days. H. Acknowledge LHD's written requests for access to the Limited Data Set to anyone not authorized to view data as provided in this MOU within 10 business days.
III. Roles and Responsibilities of LHD. LHD will: A. Comply with all DSHS policies and procedures for requesting access and using TxS2. Policies and procedures will be posted at http://www.dshs.state.tx.us/txs2. B. Provide a list of designated personnel authorized to access TxS2, following the DSHS policies and procedures for requesting access to TxS2. C. Participate in DSHS-sponsored training on TxS2 usage and capabilities. D. Notify DSHS of designated personnel that no longer have authorization to view TxS2 within five days. E. Maintain a list of all authorized users of TxS2 and upon written request by DSHS, provide the list of authorized users to DSHS within five days. F. Use the Limited Data Set for enhanced surveillance of public health conditions or threats, early event detection, situational awareness, retrospective analysis, and other public health uses. G. Not use or disclose the Limited Data Set other than as provided by this MOU or as otherwise provided by law.
288 H. Submit a written request to DSHS and obtain written permission from DSHS prior to providing access to the Limited Data Set to anyone not authorized to view data as provided in this MOU. I. Ensure that any authorized agents, including a subcontractor, to whom it provides the Limited Data Set agrees to the same restrictions and conditions to the Parties in this MOU and in compliance with applicable federal and state law. J. Not assign this MOU without the prior written consent of DSHS.
IV. Term of the MOU.
The MOU is effective on the date of the latter signature of the Parties and terminates on the fifth anniversary of the effective date, unless renewed or terminated pursuant to the terms and conditions of this MOU. The Parties may extend this MOU for one additional five-year term, subject to terms and conditions mutually agreeable to the Parties. The Parties agree to review this MOU on an annual basis and provide written notice to the other party if one party determines that there is material change to the MOU. If the Parties agree that the MOU needs to be amended then the Parties will execute a written amendment as provided for in Section V.
V. Amendments.
Amendments to this MOU shall be in writing and signed by the Parties.
VI. Termination of MOU.
Either DSHS or LHD may terminate by providing written notice to the other Party at least 30 days prior to the date of termination and sending the written notice by certified mail, return receipt requested to the Party's Primary Contact as set forth below. The effective date of termination is the date the nonterminating party receives the notice.
VII. Primary Contacts.
All communications between the Parties shall be made through the primary contacts or their designees to the maximum extent possible. The primary contacts are:
For DSHS: For LHD:
Syndromic Surveillance Team Margie Rodriguez, Clinic Manager DSHS County of Hays P.O. Box 149347, Mail Code 1926 401-A Broadway Austin, TX 78714-9347 San Marcos, TX 78666-7771 (512) 776-7770 (Office) 512-393-5535 (Office) (512) 776-7509 (Fax) [email protected] [email protected]
289 By signing below, the Parties acknowledge that they have read the MOU and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this MOU on behalf of the named party.
Department of State Health Service County of Hays
By:______By:______Signature of Authorized Official Signature of Authorized Official
______Date Date
David Gruber, Associate Commissioner Debbie Gonzales Ingalsbe, Commissioner Pct. 1 Regional & Local Health Operations On Behalf of Hays County
290 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 Discussion and possible action to authorize the execution of a new Services Agreement between Hays County and SWCA, Incorporated, an Arizona corporation that does business as SWCA Environmental Consultants ("SWCA"), related to the management of the Hays County Regional Habitat Conservation Plan ("RHCP").
ITEM TYPE MEETING DATE AMOUNT REQUIRED
ACTION-MISCELLANEOUS December 18, 2018 NTE $41,000
LINE ITEM NUMBER 151-756-00.5448
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO
REQUESTED BY SPONSOR CO-SPONSOR
Crumley SHELL N/A
SUMMARY The Director of County Wide Operations is requesting a 2018-2019 Services Agreement be executed with SWCA for management and administration of the RHCP.
291
December 14, 2018 Ms. Tammy Crumley Hays County Director of Countywide Operations Hays County Courthouse 111 E. San Antonio Street, Suite 302 San Marcos, Texas 78666
Re: Hays County RHCP 2015 Preserve Management and Program Support FY 2018-2019
SWCA Project No. 45671
Dear Ms. Crumley:
SWCA Environmental Consultants (SWCA) is pleased to provide Hays County (County) with this proposal for environmental services related to the implementation of the Hays County Regional Habitat Conservation Plan (RHCP) for the County’s 2018-2019 fiscal year (services related to RHCP implementation from October 1, 2018 through September 30, 2019). We have provided budgets for RHCP required tasks and administrative RHCP support (i.e., reviewing applications for participation, annual reporting, and coordination with the U.S. Fish and Wildlife Service). We offer these services on a time-and-materials basis, not to exceed a total cost of $41,000 without prior County approval. We thank Hays County for the opportunity to serve and look forward to continuing to assist the County in the coming fiscal year.
We welcome any questions or comments about our proposal. SWCA is prepared to begin assisting you immediately with signed receipt of the attached Services Agreement.
Sincerely,
Amanda Aurora, C.W.B. Regulatory Specialist / Senior Project Manager SWCA—Austin
292 Hays County RHCP 2015 Preserve Management and Program Support
SCOPE OF WORK
The RHCP, the related Incidental Take Permit, and the Land Management Plan for the La Cima Preserve each govern the RHCP management and monitoring program. SWCA staff members have a long history with the RHCP and are very familiar with the requirements of each of these documents. The tasks described in the scope of work are based on our understanding of the RHCP and related documents, as well as our experience to date assisting the County with RHCP implementation. SWCA proposes to invoice all authorized services monthly on a time-and- materials basis in accordance with our standard rates.
Table 1 summarizes the estimated cost and schedule for management activities related to the La Cima Preserve that are required by the RHCP. TASK 1 – LA CIMA PRESERVE QUARTERLY PERIMETER INSPECTIONS
Section 2.1.1 of the La Cima Preserve Land Management Plan requires quarterly inspections of the preserve to document the condition of the perimeter fence and identify areas requiring maintenance to deter unauthorized access. To continue with the current inspection schedule, SWCA recommends completing inspections in December, March, June, and September during the 2018-2019 fiscal year. This task will involve SWCA field staff walking or (where possible) driving the perimeter of the La Cima Preserve to document with notes, photographs, and GIS locations the current condition of fencing and any potential maintenance or access concerns. At this time, we do not anticipate inspecting the unfenced portions of the perimeter that are adjacent to the proposed La Cima development – additional budget may be needed to inspect newly fenced boundaries once development on the adjacent property begins. During these field mobilizations, we will also document the condition of existing access roads internal to the La Cima Preserve and note potential maintenance or access issues. SWCA will also record other pertinent incidental observations related to the management of the La Cima Preserve. SWCA will deliver to the County a brief inspection report, highlighting any potential maintenance or access issues, within two weeks of completing each quarterly inspection. TASK 2 – UPDATE THE LA CIMA PRESERVE LAND MANAGEMENT PLAN
Pursuant to the La Cima Preserve Land Management Plan and Section 6.4.6 of the RHCP, the regular management activity for 2018-2019 is updating the Land Management Plan (Section 6.4.4 of the RHCP). Hays County executed the existing La Cima Preserve Land Management Plan in 2015. The Land Management Plan for the La Cima Preserve outlines the monitoring schedule for management activities on the preserve, specific implementation actions, and describes the adaptive management process.
SWCA will update the Land Management Plan as necessary pursuant to the requirements of the RHCP. SWCA will incorporate the information gathered during inspections and other monitoring studies of the La Cima Preserve since 2015 to guide the adaptive management process. SWCA will provide a draft redlined and clean version of the revised Land Management Plan to the County for review by August 1, 2019, for final submission on or before September 30, 2019. TASK 3 – 2018 ANNUAL REPORTING
The RHCP requires submittal of annual reports documenting RHCP activities conducted between October 1 and September 30. Annual reports are due to USFWS by January 1 of the following year, per the Incidental Take Permit. SWCA will assemble the information required for the annual report and summarize RHCP activities conducted
Page | 1 293 Hays County RHCP 2015 Preserve Management and Program Support
between October 1, 2018 and September 30, 2019. The annual report will address a summary of activities involving preserve lands and biological monitoring, and other relevant information specified in Section 7.6 of the RHCP. SWCA will prepare an initial draft of the annual report for County review; and will address comments and submit the report to USFWS by no later than December 31, 2018. TASK 4 – GENERAL RHCP ADMINISTRATIVE SUPPORT
SWCA will assist the County with general administrative tasks related to RHCP implementation. Such tasks may include, but are not necessarily limited to, reviewing applications for RHCP participation, conducting site visits to verify submitted habitat assessments, drafting determination letters, and coordinating with the USFWS and RHCP applicants. We will provide services under this task on an “on-call” basis as requested by Hays County with an estimated budget not to exceed $20,000 without additional authorization from the County.
Table 1. Estimated Budget and Schedule for Scope of Work.
TASK BUDGET SCHEDULE PRIORITY Task 1: Quarterly Inspections $2,000 each December 2018 Required ($8,000 total) March 2019 June 2019 September 2019 Task 2: Update the La Cima $10,000 Spring 2019 Required Preserve Land Management Plan Task 3: 2016-17 Annual Report $3,000 December 31, 2018 Required Task 4: RHCP Administration Not to exceed $20,000 September 30, 2019 As Needed without County Authorization TOTAL $41,000
Page | 2 294 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 Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code: consultation with counsel and deliberation regarding the purchase, exchange or value of Right of Way along proposed FM110 in Pct. 1. Possible action may follow in open court.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
EXECUTIVE SESSION December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Kennedy INGALSBE N/A
SUMMARY Summary to be provided in Executive Session.
295 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 Executive Session pursuant to Sections 551.071 and 551.074 of the Texas Government Code: consultation with counsel and deliberation regarding the Bailiff positions within the County Courts at Law. Possible action may follow in open Court.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
EXECUTIVE SESSION December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
INGALSBE N/A
SUMMARY Summary to be provided in Executive Session.
296 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 Executive Session pursuant to 551.071 of the Texas Government Code: consultation with counsel regarding pending and/or contemplated litigation involving Hays County. Possible action may follow in open court.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
EXECUTIVE SESSION December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
KENNEDY INGALSBE N/A
SUMMARY Litigation update to be provided in Executive Session.
297 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 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 King, Project Shamrock, Project Blue Sky, Project Big Hat, Project Magic Mint and Project Desert Wind. Possible action may follow in open court.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
EXECUTIVE SESSION December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
INGALSBE N/A
SUMMARY Summary to be provided in Executive Session.
298 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 Executive Session pursuant to Sections 551.071 and 551.074 of the Texas Government Code consultation with counsel and deliberation regarding positions within the Hays County District Courts. Possible action may follow in open court.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
EXECUTIVE SESSION December 18, 2018 N/A
LINE ITEM NUMBER 001-608-00]
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Judge Gary Steel SHELL N/A
SUMMARY
299 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 Executive Session pursuant to Sections 551.071 and 551.074 of the Texas Government Code: consultation with counsel and deliberation regarding the Director of Development Services. Possible action may follow in open Court.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
EXECUTIVE SESSION December 18, 2018
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
INGALSBE N/A
SUMMARY Summary to be provided in Executive Session.
300