Commissioners Court –July 16, 2019 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 16th day of July, 2019, in the Hays County Courthouse, Room 301, San Marcos, Texas. An Open Meeting will be held concerning the following subjects: CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE - Pledge of Allegiance to the American Flag & Pledge of Allegiance to the Texas Flag ROLL CALL PUBLIC COMMENTS At this time 3-MINUTE comments will be taken from the audience on Non-Agenda related topics. To address the Court, please submit a Public Participation/ Witness Form to the County Clerk. Please Complete the Public Participation/ Witness Form in its Entirety. NO ACTION MAY BE TAKEN BY THE COURT DURING PUBLIC COMMENTS.
PRESENTATIONS & PROCLAMATIONS Adopt a proclamation recognizing the Hays County Master Naturalists 20th Anniversary. 1 4-5 BECERRA/VILLALOBOS Introduction of Tucker Ferguson, the new Austin District Engineer with the Texas Department of 2 6-7 Transportation. BECERRA Presentation by San Marcos Cinema Club to promote Hays County properties as potential film locations 3 8-31 and adopt a Proclamation recognizing July 13 – September 2, 2019 as the 50 Locations in 50 Days Challenge. BECERRA/JONES/VILLALOBOS/COLLINS 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 32 Approve payments of County invoices. VILLARREAL-ALONZO 5 33 Approve payments of Juror checks. VILLARREAL-ALONZO 6 34 Approve the payment of United Healthcare claims. VILLARREAL-ALONZO 7 35-42 Approve Commissioners Court Minutes of July 2, 2019. BECERRA/CARDENAS Authorize payment to Veracity Aviation for the Feral Hog Abatement grant program in which no 8 43 purchase order was issued as required per County Purchasing Policy. JONES/T.CRUMLEY Approve the reappointment of Scott Roberts to the board of directors of the Driftwood Economic 9 44 Development Municipal Management District (DEDMMD), term ending June 1, 2023. SMITH Authorize the County Judge to execute Additional Services No.12 from HOK for work related to the Hays 10 45-47 County Public Safety Bond project. INGALSBE/SHELL Authorize the County Judge to execute Additional Services No.13 from HOK for work related to the Hays 11 48-52 County Public Safety Bond project. INGALSBE/SHELL Authorize payment to the Lower Colorado River Authority where no purchase order was issued as 12 53-60 required per the County Purchasing Policy. BECERRA/CUTLER 13 61-75 Approve Utility Permits. BECERRA/BORCHERDING Authorize the acceptance of a grant award from The Office of the Attorney General to the Sheriff's Office 14 76-77 Criminal Investigation Division for the investigations of Internet Crimes Against Children (ICAC) and amend the budget accordingly. BECERRA/CUTLER Approval to hold an online auction with Rene Bates Auctioneers to dispose of surplus property pursuant to Texas Local Government Code 263.152(a)(1) and authorize Purchasing Manager to advertise; 15 78-90 approve the disposal of property as authorized per Texas Local Government Code 263.152(a)(3). BECERRA/VILLARREAL-ALONZO Authorize payment to Austin Extreme Graphics for vehicle graphics for the Constable Pct. 5 Office in 16 91 which no purchase order was issued as required per County Purchasing Policy. JONES/ELLEN 17 92-121 Approve the Treasurer's and Investment Reports for the first 6 months of FY 2019. BECERRA/RICHEY Authorize the Juvenile Probation Department to add a telephone allowance effective August 1, 2019 for 18 122 the Senior Juvenile Probation Officer, slot number 0957-002 and amend the budget accordingly. BECERRA/WILLIAMS Authorize the County Judge to execute an amended Memorandum of Understanding (MOU) between the Hays County Local Health Department (LHD) and the Department of State Health Services (DSHS) 19 123-142 for medications received through the Inventory Tracking Electronic Asset Management System (ITEAMS) platform. INGALSBE/T.CRUMLEY ACTION ITEMS
ROADS Hold a public hearing with possible action to establish a 4-way stop on Trinity Hills Drive at the 20 143-144 intersection with Littleton Drive and Belterra Village Way in Belterra subdivision to help with pedestrian and bike traffic crossing the road. SMITH/BORCHERDING Discussion and possible action to call for a public hearing on July 30, 2019 to establish a "No Dumping" 21 145-146 zone on Satterwhite Road from the intersection with Williamson Road to just beyond the 90 degree curve on both sides of the road. JONES/BORCHERDING Discussion and possible action to call for a public hearing on July 30, 2019 to establish a "No Dumping" 22 147-148 zone on Williamson Road from the intersection with FM 2001 to Satterwhite Road on both sides of the road. JONES/BORCHERDING Discussion and possible action to authorize the County Judge to execute Professional Service Agreements with Cobb-Fendley & Associates, Inc. for utility coordination related to Low Water 23 149-232 Crossings in Pct. 1 and Pct. 2 as authorized per the 2016 Road Bond Program and amend the budget accordingly. JONES/INGALSBE/BORCHERDING
MISCELLANEOUS Discussion and possible action to authorize the execution of a Letter of Agreement between Hays 24 233-234 County and Central Texas Medical Center (CTMC) and authorize the payment of $1,069,887 related to Indigent health care costs. SHELL Discussion and possible action to authorize the Deputy Clerk III, slot 0453-005 in the County Clerk's 25 235 Office to accrue additional comp hours not to exceed 90 hours. BECERRA/CARDENAS Discussion and possible action to authorize the County Judge to execute a Business Associate 26 236-245 Agreement between Hays County and Jerry Castilleja, M.D. to comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). INGALSBE/T.CRUMLEY Discussion and possible action authorizing the County Judge to execute the Deer Oaks Employee 27 246-258 Assistance Program (EAP) Services Agreement. BECERRA Discussion and possible action authorizing the County Judge to execute a Funding Agreement between 28 259-264 Hays County and the Hays-Caldwell Women's Center. SHELL/INGALSBE
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: 29 265 consultation with counsel and deliberation regarding the value of Right of Way along and including Fischer Store Road in Pct. 3. Possible action to follow in open court. SHELL Executive Session pursuant to 551.071 of the Texas Government Code: consultation with counsel 30 266 regarding pending and/or contemplated litigation involving Hays County. Possible action may follow in open court. BECERRA Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code: consultation with counsel and deliberation regarding the purchase, exchange, lease and/or value of real 31 267 property owned by Hays County located on Paul's Valley Road in Pct. 4. Possible action to follow in open court. SMITH
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 safety 32 facilities needs within the County. Possible action may follow. INGALSBE/CUTLER 33 Discussion and possible action related to the burn ban and/or disaster declaration. BECERRA/SMITH Discussion of issues related to the road bond projects, including updates from Mike Weaver, Prime Strategies, 34 Wade Benton, HNTB and Allen Crozier, HDR. Possible action may follow. BECERRA Discussion of issues related to Electro Purification including updates on the filed application. Possible action may 35 follow. SHELL Discussion related to the Hays County inmate population, to include current population counts and costs. 36 BECERRA
ADJOURNMENT
Posted by 5:00 o'clock P.M. on the 12th day of July, 2019
COMMISSIONERS COURT, HAYS COUNTY, TEXAS
______CLERK OF THE COURT
Hays County encourages compliance with the Americans with Disabilities Act (ADA) in the conduct of all public meetings. To that end, persons with disabilities who plan to attend this meeting and who may need auxiliary aids such as an interpreter for a person who is hearing impaired are requested to contact the Hays County Judge’s Office at (512) 393-2205 as soon as the meeting is posted (72 hours before the meeting) or as soon as practical so that appropriate arrangements can be made. While it would be helpful to receive as much advance notice as possible, Hays County will make every reasonable effort to accommodate any valid request regardless of when it is received. Braille is not available. AGENDA ITEM REQUEST FORM
Hays County Commissioners Court Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.
AGENDA ITEM Adopt a proclamation recognizing the Hays County Master Naturalists 20th Anniversary.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
PROCLAMATIONS/PRESENTATIONS July 16, 2019
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: AUDITOR REVIEW:
REQUESTED BY SPONSOR CO-SPONSOR
VILLALOBOS BECERRA N/A
SUMMARY Hays County Master Naturalists will be celebrating their 20th anniversary on August 10, 2019 at Dripping Springs Park.
See attached Proclamation.
4
PROCLAMATION RECOGNIZING THE 20th ANNIVERSARY OF THE HAYS COUNTY MASTER NATUALISTS
STATE OF TEXAS § § COUNTY OF HAYS §
WHEREAS, Hays County is pleased to recognize the Hays County Master Naturalist Chapter on its 20th anniversary, which is being celebrated at Dripping Springs Park Ranch on August 10, 2019; and
WHEREAS, Hays County is known for its diversity of wildlife, plants, riparian areas, and beautiful landscape including the Edwards Plateau and Blackland Prairie ecoregions; and
WHEREAS, Hays County acknowledges the importance of conserving, restoring, and protecting our natural resources for the benefit of generations to come; and
WHEREAS, the Hays County Master Naturalist Chapter is dedicated to the beneficial management of natural resources and natural areas within our communities through public education, outreach, service, and cooperative efforts with land management organizations, universities, and government agencies; and
WHEREAS, the Hays County Master Naturalist Chapter’s accomplishments over the past 20 years include:
684 individuals trained in the program, including 41 trainees in the 2019 class 210 currently active members 57 projects in Hays and adjacent counties 160,950 hours of volunteer service contributed, which the State of Texas currently values at $25.43 per hour for a total of $4,092,958; and WHEREAS, the Hays County Master Naturalist Chapter is truly deserving of special recognition for its efforts in protecting and nurturing our central Texas landscape, watersheds, flora, and fauna;
NOW, THEREFORE, BE IT RESOLVED, that the Hays County Commissioners Court does hereby commend the Hays County Master Naturalist Chapter on its commitment to beneficial management of natural resources and natural areas throughout Hays County and extends to its members and supporters best wishes for a memorable 20th anniversary celebration.
ADOPTED THIS THE 16TH DAY OF JULY 2019
Ruben Becerra Hays County Judge
______Debbie Gonzales Ingalsbe Mark Jones Commissioner, Pct. 1 Commissioner, Pct. 2
______Lon A. Shell Walt Smith Commissioner, Pct. 3 Commissioner, Pct. 4
ATTEST:
______Elaine H. Cárdenas, MBA, PhD Hays County Clerk
5 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 Introduction of Tucker Ferguson, the new Austin District Engineer with the Texas Department of Transportation.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
PROCLAMATIONS/PRESENTATIONS July 16, 2019
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: AUDITOR REVIEW:
REQUESTED BY SPONSOR CO-SPONSOR
BECERRA N/A
SUMMARY Attachment: Bio of Tucker Ferguson
6 7 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 by San Marcos Cinema Club to promote Hays County properties as potential film locations and adopt a Proclamation recognizing July 13 – September 2, 2019 as the 50 Locations in 50 Days Challenge.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
PROCLAMATIONS/PRESENTATIONS July 16, 2019 0
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: AUDITOR REVIEW:
REQUESTED BY SPONSOR CO-SPONSOR
VILLALOBOS/COLLINS BECERRA JONES
SUMMARY San Marcos Cinema Club, in conjunction with the Greater San Marcos Partnership, Main Street, Mermaid Society, San Marcos City Council, the Texas Film Commission and other municipal, county & University groups, aims to register 50 Hays County properties in 50 days on the Texas Film Commission’s website as potential sites for television/film production.
By enticing the TV/Film industry to Hays County, we have the opportunity to boost our local economy while spotlighting the natural beauty & unique assets our county has to offer.
8
PROCLAMATION RECOGNIZING The 50 Locations in 50 Days Challenge JULY 13 – SEPTEMBER 2, 2019
STATE OF TEXAS § § COUNTY OF HAYS §
WHEREAS, the total economic impact of the Motion Picture & TV Production industry in Hays and Caldwell Counties from 2008 through 2016 amounted to more than $26 million; and
WHEREAS, Hays County is uniquely positioned to cultivate a robust regional Motion Picture & TV Production industry by virtue of unique natural assets, proximity to the major TV and film markets in Austin and San Antonio, a diversity of topography and historic architecture, and the existence of top-tier film-related university programs; and
WHEREAS, by enticing the film and TV industry to Hays County and the surrounding area, we seize the opportunity to boost our local economy while spotlighting the natural beauty and unique assets our region has to offer; and
WHEREAS, the influx of outside dollars to Hays County generated by film and TV production projects bolsters county sales tax revenue while boosting a diverse array of existing regional industries; and
WHEREAS, the cultivation of the film and TV industry in Hays County will contribute to the overall quality of life in our region through the advancement of the arts; and
WHEREAS, Hays County has already served as a shooting location for films like BOYHOOD, THE GETAWAY, TREE OF LIFE, THE NEWTON BOYS, PIRANHA, and IDIOCRACY, among many others; and
WHEREAS, the communities of Buda, Kyle, Dripping Springs and San Marcos have all been certified as Film Friendly Cities, bestowed by the Texas Film Commission of the Office of the Texas Governor; and
WHEREAS, starting July 13, 2019, a coalition of a diverse array of municipal, county, university, and other community partners aim to execute a 50 Locations in 50 Days Challenge, registering 50 Hays County properties in 50 days on the Texas Film Commission’s website as potential sites for television and film production; and
NOW, THEREFORE, BE IT RESOLVED that the Hays County Commissioners Court does hereby proclaim July 13- September 2, 2019, as the “50 Locations in 50 Days Challenge” and deem it an honor to be included in the effort and encourage all to participate and achieve the goal of registering 50 locations in 50 days.
ADOPTED THIS THE 16th DAY OF JULY 2019
Ruben Becerra Hays County Judge
______Debbie Gonzales Ingalsbe Mark Jones Commissioner, Pct. 1 Commissioner, Pct. 2
______Lon A. Shell Walt Smith Commissioner, Pct. 3 Commissioner, Pct. 4
ATTEST:
______Elaine H. Cárdenas, MBA, PhD Hays County Clerk
9 ABOUT THE FILM FRIENDLY TEXAS PROGRAM
With an emphasis on working with Texas’ rural and suburban communities, the Film Friendly Texas (FFTX) program administered by the Texas Film Commission, Office of the Governor provides ongoing training and guidance to statewide municipal leaders and community representatives on how to effectively market their communities as filming destinations and how to efficiently accommodate on-location filming activity.
Whether it’s for a two-day television commercial or a two-month studio feature film, the Texas Film Commission wants each and every Texas community to be prepared to welcome filmmakers and experience the economic impact of on-location filming in a way that positively benefits its residents, businesses and the community at large. Certification in the Film Friendly Texas program sends a message to filmmakers that a community is serious about attracting their business.
THE FILM FRIENDLY TEXAS THREE STEP
There are just three straightforward steps a community must take in order to be designated by the Texas Film Commission as a Film Friendly certified community:
Attend a Film Friendly Texas workshop hosted by the Texas Film Commission. The target audience for our Film Friendly workshop are municipal leaders and community representatives who will then go on to serve as the community’s designated point-of-contact for film inquiries. Most communities will designate a staff member from their municipal government, Convention and Visitors Bureau, Chamber of Commerce or Economic Development Corporation to attend.
Adopt filming guidelines. Filming guidelines must be presented to and approved by your local City Council. If your community does not have a City Council in place, filming guidelines must be approved by the Texas Film Commission.
Submit photo coverage of potential filming locations in your community. These photos are then included in the Texas Film Commission’s location database, which is used to promote Texas locations in your community and market Texas as a filming destination.
QUESTIONS? FILM FRIENDLY WORKSHOPS
Please contact Kim LeBlanc, Production & Community For a list of upcoming Film Friendly Workshops, visit Relations Specialist at (512) 463-9200 or www.filmfriendlytexas.com [email protected]
TEXAS FILM COMMISSION Office of the Governor, Economic Development and Tourism P.O. BOX 12428 AUSTIN, TEXAS 78711 (512) 463-9200 FAX (512) 463-4114 www.texasfilmcommission.com [email protected]
10 TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM (TMIIIP) The Texas Moving Image Industry Incentive Program [TMIIIP] is a critical tool LIFE OF PROGRAM !SEPT. 1, 2007 - AUG. 31, 20171* that has helped attract an estimated $1.399 billion in production spending to the state and over 153,000 production jobs since the program was created in 2007. S1.39B 153K+ 533% TOTAL PRODUCTION SPEND TOTAL PRODUCTION JOBS RETURN ON INVESTMENT into Texas economy. created in Texas. $5.33 per $1.
•This information reflects the sum of actual spend and jobs for projects paid, and the as-applied estimates from applications for projects not yet submitted for payment.
TMIIIP IMPACTING LOCAL TEXAS COMMUNITIES TMIIIP GRANT REBATE QUALIFICATIONS &ELIGIBILITY EXAMPLES OF PROJECTS AND THEIR TEXAS PRODUCTION SPEND SUPPORTING LOCAL BUSINESSES AND CREATING JOBS
70% of cast & crew must be Texas A project is accepted into resi dents. 60% of total production TMIIIP. On average, the project days must be completed in Texas. spends $5.33 into Texas S1.49M S357K economy for every $1 in grant. Warner Bros. TV series' ••• Independent feature's Projects must document & submit spend in Lockhart, spend in Gainesville, •"'v their actual in -state spending. : .l .l .l .l .I. .l .l .l TX over 45 days. TX over 18 days. \ The project employs 7 out of every 10 paid Source:WarnerBros. -PubhcAlfa1rs Source:TexasFilmCommission Texas residents in their cast and crew. The project's in -state spend is audited before any grant rebate is issued.
Only wages paid to Texas residents S159K S896K and spending at Texas businesses The project's production spend benefits local TV commercial's production Video Game company's spend qualify for the grant rebate. businesses & organizations such as: spend in Brownsville, ~ r;-, in East Central Texas airlines fuel transportation TX over 6 days. - L,;oo over 260 days. clothing hotels food services Sou rce:Texas FilmCommission Source: Texas Film Commission equipment construction local municipalities www.gov.texas.gov/film/page/impact Texas Film Commission I Office of the Governor11 I Economic Development & Tourism Last Updated: September 1, 2017 Economic Impact of the Moving Image Industries in Caldwell & Hays Counties
Fall 2017
Produced for
Prepared by
TXP, Inc. 1310 South 1st Street, Suite 105 Austin, Texas 78704 (512) 328-8300 phone www.txp.com
12
Table of Contents
Executive Summary ...... 1 Overview ...... 2 Economic & Tax Revenue Impact of the Moving Image Industry ...... 3 Defining the Moving Image Industry ...... 3 TMIIIP Historical Trends within Caldwell & Hays Counties ...... 5 Economic Impact Methodology ...... 9 Economic Impact of the Moving Image Industry ...... 10 Tax Revenue Impact of the Moving Image Industry ...... 10 Findings & Conclusion ...... 11 Appendix 1 – TMIIIP Projects Produced in Caldwell & Hays Counties ...... 12 Appendix 2 – Caldwell County Non-incentivized Projects ...... 13 Appendix 3 – Hays County Non-incentivized Projects ...... 14 Appendix 4 – Productions filmed on location at Texas State University ...... 16 Appendix 5 – Detailed Economic Impact Table ...... 17 Legal Disclaimer ...... 18
Economic Impact of the Texas Moving Image Industries in Caldwell & Hays Counties| Fall 2017 13
Executive Summary The Texas Moving Image Industry Incentive Program (TMIIIP) managed by the Texas Film Commission is designed to grow the economy through the moving image industry and create jobs in Texas. TMIIIP provides qualifying film, television, commercial, visual effects, and video game productions the opportunity to receive a cash grant based on eligible Texas expenditures.
Over the past 10 years, Caldwell County and Hays County (Study Area) have taken advantage of the TMIIIP. Since 2008, over 35 eligible projects have used various locations in the two counties. In addition to TMIIIP eligible projects, the Study Area has attracted over 75 non-incentivized projects. This has resulted in millions of dollars being injected into the local economy.
Based on the data provided by the Texas Film Commission, approximately $13.7 million was spent within the Study Area between 2008 and 2016. This amount includes eligible TMIIIP projects, non-incentivized activity, and The Leftovers, Season 2 (not included in TMIIIP data). Between 2008 and 2016, total economic activity attributable to the motion picture, film, and TV productions was $26.7 million and supported 185 jobs. Caldwell County and Hays County public sector jurisdictions collected approximately $360,975 in general fund tax revenue between 2008 and 2016 related to the moving image industry activity.
The following key findings emerged as opportunities to focus on to grow the moving image industry sector:
1. The moving image industry offers the opportunity to leverage the unique attributes, local flavor, and scenery of Caldwell County and Hays County.
2. The Study Area could enhance its position with a more aggressive approach to providing local incentives for film and visual media production.
3. The motion picture, film, and TV production sector in the Study Area appears ripe for some type of coop arrangement, where both visiting productions and local filmmakers can rent space (both office and storage) and equipment.
4. Texas State University should examine ways to make it easier for visual media productions to access its resources (ex. Office of Film Management) and expand courses offered related to motion picture, film, and TV productions.
5. The complex, multi-departmental nature of the motion picture, film, and TV production sector’s interaction with the different stakeholders warrants an initial focal point of contact for the two-county region.
Economic Impact of the Texas Moving Image Industries in Caldwell & Hays Counties| Fall 2017 1 14
Overview The Texas Moving Image Industry Incentive Program1 managed by the Texas Film Commission is designed to grow the economy through the moving image industry and create jobs in Texas. TMIIIP provides qualifying film, television, commercial, visual effects, and video game productions the opportunity to receive a cash grant based on a percentage of a project’s eligible Texas expenditures. Between 2008 and 2016, the Texas moving image industry has generated over $1.3 billion in statewide spending while creating over 142,974 jobs.
Over the past 10 years, Caldwell County and Hays County (also referred to as Caldwell & Hays Counties in this report) have taken advantage of the TMIIIP and other programs. Since 2008, over 35 eligible projects have used locations in the Study Area. The eligible applicants qualified as films, televisions show, or commercials. This has resulted in millions of dollars being injected into the local economy. For example, Lockhart served as the fictional town of Jarden, Texas for Season 2 of the HBO TV series The Leftovers. In addition to TMIIIP eligible projects, Caldwell & Hays Counties have attracted over 75 non-incentivized projects. Award-winning film, Yakona2, is a documentary based on the waters of the San Marcos River and its headwaters at Spring Lake. The recently released movie, Tiramisu for Two, was independently produced over a two-year period in San Marcos.
A number of cities in the region including Buda, Kyle, Lockhart, and San Marcos are certified film friendly communities. Established in 2007, the Film Friendly Texas Program3 is a certification and marketing program administrated by the Texas Film Commission. Film Friendly Texas Certified Communities receive ongoing training and guidance from the Texas Film Commission regarding media industry standards, best practices, and how to effectively accommodate on-location filming activity in their community.
Building upon the past ten years of success, the Greater San Marcos Partnership retained TXP, Inc. to calculate the economic and tax revenue impact of the film, motion picture, and moving picture industry in Caldwell & Hays Counties. Because there is no single definition for film and TV production that applies to all communities, TXP utilized the TMIIIP definition and modified it based on actual activities within the two counties. TXP has calculated the impact for both TMIIIP eligible productions and non-incentivized projects. As part of this process TXP obtained information from local industry-related stakeholders during focus groups. Based on the economic analysis and information obtained from stakeholders, TXP identified key findings that can guide policies to the competitiveness of the region.
1 https://gov.texas.gov/film/page/miiip 2 http://yakona.org/ 3 https://gov.texas.gov/film/page/fftx_overview
Economic Impact of the Texas Moving Image Industries in Caldwell & Hays Counties| Fall 2017 2 15
Economic & Tax Revenue Impact of the Moving Image Industry The economic impact of the film, motion picture, and moving picture industry in Caldwell & Hays Counties are far-reaching and dynamic. Based on data from the Texas Film Commission, most productions in Central Texas are based out of Austin, but some of these productions do spend a few days taking advantage of shooting locations in Caldwell & Hays Counties. The most direct linkage between movie, commercials, and TV series filming is when a production company rents office and storage space, hires local talent, and spends money at area restaurants and shops. The impacts are not limited to just a few days of filming in the region. Higher education is also an asset the industry leverages directly and indirectly. Over the past 5 years, approximately 20 productions have filmed at Texas State University. The University also offers classes related to film and video production, creating a talent pool for current production activity as well as creating a talent pipeline for the long-term growth of this sector. The following section provides context about the size of the film, motion picture, and moving picture industry in Central Texas, what share the Study Area currently represents, and statistics on TMIIIP projects in the region.
Defining the Moving Image Industry There is no standard or all-inclusive definition of the motion picture, film, and TV production industry. For the purposes of establishing a baseline for the Austin Metropolitan Statistical Area (Austin MSA) and Caldwell & Hays Counties, TXP focused on two NAICS codes (NAICS 51211 and 51219). This definition differs from the TMIIIP in that it does not include video game production nor does it include independent artists, writers, and set designers. TXP excluded these industry sectors from the definition because 1) there was no eligible TMIIIP activity in Caldwell or Hays Counties over the past few years, or 2) total employment related to this activity is so small that statistics are not reported by the Texas Workforce Commission. TXP collected data from the Texas Workforce Commission (QCEW dataset) and the Nonemployer Statistics (usually self- employed individuals) from the US Census Bureau. The two NAICS codes used in this report were:
• 51211 Motion Picture and Video Production – This industry comprises establishments primarily engaged in producing, or producing and distributing motion pictures, videos, television programs, or television commercials.
• 51219 Postproduction Services and Other Motion Picture and Video Industries – This industry comprises establishments primarily engaged in providing postproduction services and other services to the motion picture industry.
Over the past 10 years, combined employment growth in the Study Area has outperformed the Austin MSA as a whole. However, growth in these two counties’ motion picture, film and TV production sector has significantly lagged behind the Austin MSA. The Study Area is 7.6 percent
Economic Impact of the Texas Moving Image Industries in Caldwell & Hays Counties| Fall 2017 3 16
of total Austin MSA employment but only 1.6 percent of motion picture, film and TV production sector employment. If the two counties were able to capture their “relative share” of all regional motion picture, film and TV production employment, this would result in an additional 124 direct jobs or a total of 169 jobs.
Table 1: Total Employment in the Austin MSA & Caldwell & Hays Counties Year Austin MSA Caldwell & Hays Counties % of Austin SMA 2006 714,308 50,727 7.1% 2007 750,696 53,694 7.2% 2008 764,399 53,570 7.0% 2009 743,584 54,193 7.3% 2010 754,768 55,528 7.4% 2011 782,417 58,011 7.4% 2012 812,603 60,314 7.4% 2013 845,806 63,314 7.5% 2014 881,613 65,964 7.5% 2015 922,922 68,758 7.5% 2016 953,513 72,083 7.6% Growth Rate 33% 42% N/A Source: Texas Workforce Commission, US Census Bureau, TXP
Table 2: Motion Picture, Film, and TV Production Employment in the Austin MSA and Caldwell & Hays Counties Year Austin MSA Caldwell & Hays Counties % of Austin MSA 2006 783 30 3.8% 2007 983 29 3.0% 2008 1,087 31 2.9% 2009 1,099 35 3.2% 2010 1,254 36 2.9% 2011 1,462 33 2.3% 2012 1,635 31 1.9% 2013 2,414 34 1.4% 2014 2,590 37 1.4% 2015 2,773 41 1.5% 2016 2,835 45 1.6% Growth Rate 262% 50% N/A Source: Texas Workforce Commission, US Census Bureau, TXP
Economic Impact of the Texas Moving Image Industries in Caldwell & Hays Counties| Fall 2017 4 17
TMIIIP Historical Trends within Caldwell & Hays Counties Between 2008 and 2016, the Study Area was home to 35 eligible TMIIIP projects. In addition to TMIIIP eligible projects, Caldwell & Hays Counties have attracted over 75 non-incentivized projects. The Texas Film Commission collects the total amount spent and the number of locations used for eligible projects. When the Texas Film Commission collects data on eligible TMIIIP projects, however, the data is not allocated by where the monies are spent. From 2008 to 2016, total spending into Texas from projects that shot in Caldwell & Hays Counties was $133.2 million. These projects received nearly $30.0 million in TMIIIP grants.
Based on interviews with stakeholders, input from the Texas Film Commission, and confidential information shared on specific productions, TXP estimates that about 5 percent of the total spending occurs within the Study Area. For example, if a movie had $20.0 million in eligible TMIIIP spending and indicated using a shooting location in the Study Area, TXP estimated $1.0 million was spent locally.
For non-incentivized projects, TXP assumed 10 percent of the total Austin MSA spending occurs within Caldwell & Hays Counties. TXP believes these smaller projects are more likely to spend a larger amount of money in fewer locations. These projects likely did not qualify because 1) the production did not meet the minimum in state spending requirements; 2) limited Texas Film Commission funding over the past few years from which to incentivize projects; or 3) did not meet other major requirements such as 70 percent of paid crew must be Texas residents or shoot at last 60 percent of the project in Texas.
The fluctuations in film, motion picture, and moving picture industry activity are directly linked to the amount of state incentives available. Every two years, the Texas legislature allocates money to the TMIIIP and other economic development programs. As depicted in the following figures, Caldwell County and Hays County activity moves in tandem with state funding. The 85th Texas Legislature allocated $22 million in funding for the next two years, down from about $32 million for the 2015-2016 biennium.
TXP also conducted interviews and focus group meetings with stakeholders related to Caldwell & Hays Counties motion picture, film, and TV production sector. Participants included film makers, higher education representatives, production coordinators, and public sector representatives. The general consensus was that a small number of Study Area residents work fulltime in the moving image industry. Because the amount of state incentives varies each legislative session, the focus should be on creating a self-sustaining grassroots industry – even if this building process is slower. A major theme that emerged was Caldwell & Hays Counties might be best served by focusing on smaller TV productions, commercials, and related activities (ex. corporate training videos). Yes, the region should actively recruit larger TV productions and movies, but this does have a boom and bust cycle.
Economic Impact of the Texas Moving Image Industries in Caldwell & Hays Counties| Fall 2017 5 18
Figure 1: TMIIIP Eligible Projects Produced in Caldwell & Hays Counties by Year 14
12
10
8
6
4
2
0 2008 2011 2012 2013 2014 2015 2016
Source: Texas Film Commission
Figure 2: State of Texas Funding for the Texas Moving Image Industry Incentive
81st Texas Legislature (2010-2011)
82nd Texas Legislature (2012-2013)
83rd Texas Legislature (2014-2015)
84th Texas Legislature (2016-2017)
85th Texas Legislature (2018-2019)
$0 $10 $20 $30 $40 $50 $60 $70 $80 $90 $100
Source: Texas Film Commission
Economic Impact of the Texas Moving Image Industries in Caldwell & Hays Counties| Fall 2017 6 19
Figure 3: TMIIIP Eligible Projects by Type
TV Pilot
TV Movie
Feature Films
Reality TV Series
TV Series
Feature Film
Commercial
0 2 4 6 8 10 12
Source: Texas Film Commission
Figure 4: Non-Incentivized Projects by Type
Music Video Short Film Still Photo Shoot Student Film Web Series Documentary Feature TV Pilot Commercial TV Episode TV Series Short Film Feature Film
0 5 10 15 20 25 30 35
Source: Texas Film Commission
Economic Impact of the Texas Moving Image Industries in Caldwell & Hays Counties| Fall 2017 7 20
Figure 5: Paid Locations (businesses or residential) used by TMIIIP Projects
Source: TXP, Texas Film Commission
Figure 6: Locations used by Non-Incentivized Projects
Source: TXP, Texas Film Commission
Economic Impact of the Texas Moving Image Industries in Caldwell & Hays Counties| Fall 2017 8 21
Economic Impact Methodology Economists use a number of statistics to describe regional economic activity. Four common measures are “Output” which describes total economic activity and is generally equivalent to a firm’s gross sales; “Value Added” which equals gross output of an industry or a sector less its intermediate inputs; “Labor Income” which corresponds to wages and benefits; and “Employment” which refers to jobs that have been created in the local economy.
In an input-output analysis of new economic activity, it is useful to distinguish three types of expenditure effects: direct, indirect, and induced.
Direct effects are production changes associated with the immediate effects or final demand changes. The payment made by an out-of-town visitor to a hotel operator or the taxi fare paid for transportation while in town are examples of direct effects.
Indirect effects are production changes in backward-linked industries caused by the changing input needs of directly affected industries – typically, additional purchases to produce additional output. Satisfying the demand for an overnight stay will require the hotel operator to purchase additional cleaning supplies and services. The taxi driver will have to replace the gasoline consumed during the trip from the airport. These downstream purchases affect the economic output of other local merchants.
Induced effects are the changes in regional household spending patterns caused by changes in household income generated from the direct and indirect effects. Both the hotel operator and taxi driver experience increased income from the visitor’s stay, as do the cleaning supplies outlet and the gas station proprietor. Induced effects capture the way in which increased income is spent in the local economy.
A multiplier reflects the interaction between different sectors of the economy. An output multiplier of 1.4, for example, means that for every $1,000 injected into the economy, all other sectors produce an additional $400 in output. The larger the multiplier, the greater the impact will be in the regional economy.
Figure 7: The Flow of Economic Impacts
Direct + Indirect + Induced = Total Impact
For this study, TXP used the RIMS II economic impact model produced by the U.S. Bureau of Economic Analysis.
Economic Impact of the Texas Moving Image Industries in Caldwell & Hays Counties| Fall 2017 9 22
Economic Impact of the Moving Image Industry Based on the data provided by the Texas Film Commission, TXP estimates that $13.7 million was spent directly within Caldwell & Hays Counties between 2008 and 2016. This amount includes eligible TMIIIP projects, non-incentivized activity, and The Leftovers, Season 2 (not included in TMIIIP data). Spending per year fluctuated based on the number and type of productions. TXP adjusted the model inputs by the type of production (ex. film, TV commercial, or series). Note, the Texas Film Commission does not provide eligible spending by year. TXP used the $13.7 million as the input into an econometric model to estimate the total economic impact of this local spending on the Study Area.
The Texas Film Commission focuses on collecting information on aggregate eligible statewide spending, not detailed information on spending by locations used. The implication is that the $13.7 million is a conservative number that underestimates the direct impact on the Study Area. For example, the TMIIIP dataset does not have sufficient information to calculate the personal spending impact of a filming crew at local restaurants and shops. Yes, the eligible catering spending is included in the TMIIIP application, but not individual purchases made by the film crew, actors, or production assistants. Based on anecdotal evidence and stakeholder input, a large production based in Austin might only travel to Caldwell & Hays Counties for a few days but not ever spend the night at area hotels. To derive a more accurate spending impact, each production filming in the Study Area would need to provide detailed information on days filming, number of workers onsite, hotel nights reserved, etc.
Between 2008 and 2016, total economic activity attributable to the motion picture, film, and TV productions was $26.7 million and supported 185 jobs. These findings are consistent with the size of local industry.
Table 3: Total Economic Impact of Motion Picture, Film, and TV Production Spending in Caldwell & Hays Counties from 2008 to 2016 Value Labor Output Added Income Employment Total Impact of Spending (2008 to 2016) $26,736,788 $15,167,814 $5,780,371 185 Source: TXP, Inc.
Tax Revenue Impact of the Moving Image Industry To provide an “order of magnitude” estimate for local general fund tax revenue attributable to the Study Area’s moving image industry, TXP relied on the historic relationship between gross domestic product (GDP – the measure of economic activity in the local economy), wages, and tax revenue. Based on the total economic activity outlined in Table 3, TXP estimates the Study Area’s public sector jurisdictions collected $360,975 in general fund tax revenue between 2008 and 2016 related to the moving image industry activity.
Economic Impact of the Texas Moving Image Industries in Caldwell & Hays Counties| Fall 2017 10 23
Findings & Conclusion While major moving image industry productions in Caldwell & Hays Counties get the bulk of attention and local media coverage, the potential to leverage this broad sector as an engine of economic development has yet to be realized. That could soon change, as the pieces of the puzzle are in place: a variety of local artists and producers representing diverse genres; demonstrable interest from local audiences; and educational opportunities at Texas State University. As Caldwell & Hays Counties look to its economic development future, the moving image industry is an area of real opportunity. The following key findings emerged as opportunities to focus on to grow the moving image industry sector:
1. The Study Area has benefited to some extent from the generalized brand identity created by Austin around creativity and lifestyle, but the moving image industry offers the opportunity to draw attention to the unique attributes of Caldwell & Hays Counties, especially related to costs and “authenticity,” that are found locally.
2. At a time when the State of Texas is pulling back in terms of incentives, Caldwell & Hays Counties could enhance their position with a more aggressive approach to providing incentives for film and visual media production. Areas to specifically examine include rebate of some portion of generated sales taxes and lodging taxes.
3. Access to resources is a major issue identified by local stakeholders, much of which involves equipment, office space, storage, and filming locations. The motion picture, film, and TV production sector in the Study Area appears ripe for some type of cooperative arrangement, where both visiting productions and local filmmakers can rent space (both office and storage) and equipment. This model of shared resources often works well when the capital costs are covered through grant funding, or public resources, and then fees to use the equipment/space are set to cover operating costs.
4. Texas State University is an important part of the equation for the moving image industry in Caldwell & Hays Counties, providing talent, knowledge, and locations. Texas State University should examine ways to make it easier for moving image industry productions to access its resources (ex. Office of Film Management) and expand classes offered (ex. concentration related to the moving image industry).
5. The complex, multi-departmental nature of the motion picture, film, and TV production sector’s interaction with the different stakeholders warrants an initial functional point of contact (likely at the Greater San Marcos Partnership). This contact person or group would then work with the individual communities.
Economic Impact of the Texas Moving Image Industries in Caldwell & Hays Counties| Fall 2017 11 24
Appendix 1 – TMIIIP Projects Produced in Caldwell & Hays Counties
Name of Project Project Type Location Tree of Life Feature Film San Marcos The Lying Game, Season 1 TV Series San Marcos The Bystander Theory Feature Film Dale, Lockhart Joe Feature Film Del Valle, Lockhart, Manor ESPN Commercial San Marcos Touchstone Energy Commercial Buda, Driftwood, Dripping Springs HEB 50 Commercial Austin (Hays County) Buda, Lockhart, Luling, Martindale, Revolution, Season 2 TV Series Maxwell, Wimberley, Uhland Buda, Kyle, San Marcos, Wimberley, Thunder Broke the Heavens Feature Films Woodcreek Boot Barn 1 Commercial Dripping Springs Troubadour, TX, Season 2 TV Series Wimberley Deliverance Creek TV Movie Driftwood, Dripping Springs, Wimberley Highway 130 Revisited Commercial Lockhart Pale Blue Dot Feature Film Dripping Springs Verizon Connected Devices Commercial San Marcos Hot Air Feature Film Wimberley Lone Star Lady Reality TV Series Dripping Springs The Ex and the Why Reality TV Series Driftwood Lost in the Sun Feature Film Lockhart Found Footage 3D Feature Film Dale The Doo Dah Man Feature Film Austin (Hays Co.) Buda, Dale, Lockhart NHTSA Drive Sober Commercial Lockhart American Crime, Season 1 TV Series San Marcos From Dusk Till Dawn, Season 1 TV Series Lockhart. Luling Hysteria TV Pilot Austin [Hays County) Smirnoff "Flavors and Recipes" Commercial Wimberley Everybody Wants Some Feature Film San Marcos, Wimberley Kraft Commercial Kyle Toyota Commercial Dripping Springs Kellogg's/Wal-Mart Commercial Dripping Springs From Dusk Till Dawn, Season 2 TV Series Lockhart American Crime, Season 2 TV Series San Marcos A Relative Stranger Feature Film Driftwood Iron Resurrection Reality TV Series Dripping Springs
Economic Impact of the Texas Moving Image Industries in Caldwell & Hays Counties| Fall 2017 12 25
Appendix 2 – Caldwell County Non-incentivized Projects
Name of Project Project Type Location Amnesia Feature Film Lockhart BBQ With Franklin TV Series Lockhart Best Friends Forever Feature Film Lockhart Book of Babylon Feature Film Lockhart Cinema Six Feature Film Lockhart Corruption.Gov Feature Film Martindale Frankenfood - Season 1 TV Episode Lockhart Giant Visions of Tiny Places Short Film Luling Mercury Plans Feature Film Lockhart Red, White & Grill TV Episode Lockhart Secret at Arrow Lake Feature Film Lockhart Secrets of A Psychopath Feature Film Lockhart Somebody's Gotta Do It - Season 1 TV Episode Luling The Daytripper - Season 1 TV Series Luling The Daytripper - Season 1 TV Series Luling The Daytripper - Season 2 TV Series Lockhart The Garden and The Wilderness Short Film Lockhart The Green Ghost Feature Film Lockhart The Interrogator Short Film Lockhart Transformers: Age of Extinction Feature Film Lockhart
Economic Impact of the Texas Moving Image Industries in Caldwell & Hays Counties| Fall 2017 13 26
Appendix 3 – Hays County Non-incentivized Projects
Name of Project Project Type Location A Better Life Short Film Dripping Springs American Pickers, Season 7 TV Episodes Dripping Springs; Wimberley As Far as The Eye Can See Feature Film Niederwald Aztex Soccer Club Promo Commercial Dripping Springs BBQ With Franklin TV Series Buda Billy And the Bandit TV Pilot Buda Boyhood Feature Film San Marcos Breaking the Press Feature Film Kyle Camp Kickitoo Feature Film Wimberley Chasing Grace Short Film Dripping Springs Chasing Waters TV Episode San Marcos ChickenfUt Short Film Buda Cup of Love Short Film Buda Dodge Dart Commercial Commercial Driftwood; Dripping Springs Eddy Short Film Wimberley Forward Feature Film San Marcos Freak Out Short Film Buda George Clarke's Amazing Spaces TV Episode Driftwood HGTV House Hunters Renovation TV Series Driftwood Into Oust: Into the Desert Short Film Buda Kill or Be Killed Feature Film Dripping Springs La Barracuda Feature Film Dripping Springs Louis Vuitton Still Photo Shoot Still Photo Shoot Wimberley Megan And Dan Student Film Buda Mirage Short Film Buda My Big Family Renovation TV Series Buda On Time Short Film Buda; Kyle Orphan Train Feature Film San Marcos Pastor Shepherd Feature Film Wimberley Pony with A Broken Wing Feature Film Dripping Springs Ruth's Locket Short Film San Marcos Secret at Arrow Lake Feature Film Kyle; Wimberley Shilo Feature Film Dripping Springs Sir Doug and The Genuine Texas Cosmic Groove Documentary Feature Wimberley Snakemagic.Com TV Pilot San Marcos Spring Eddy Feature Film San Marcos Stop Short San Marcos Summer League Feature Film Kyle
Economic Impact of the Texas Moving Image Industries in Caldwell & Hays Counties| Fall 2017 14 27
Name of Project Project Type Location Sunny and Jordan Shipley "Don't Let Me Sink" Music Video Driftwood; Wimberley Texas Music Scene with Ray Benson TV Series San Marcos Texas Tourism: Imagination Commercial Dripping Springs Texas Tourism: Many Flavors Commercial Driftwood The Ascent Feature Film Kyle The Association Feature Film Buda The Daytripper, Season 2 TV Series Wimberley The Daytripper, Season 4 TV Series Dripping Springs The Daytripper, Season 5 TV Series San Marcos The Ex & The Why TV Series Driftwood The Gauntlet Web Series San Marcos The Green Ghost Feature Film San Marcos The Horse Bride Short Film Dripping Springs The Teller and The Truth Feature Film San Marcos Tiramisu for Two Feature Film San Marcos Yakona Documentary Feature San Marcos
Economic Impact of the Texas Moving Image Industries in Caldwell & Hays Counties| Fall 2017 15 28
Appendix 4 – Productions filmed on location at Texas State University
Productions filmed on location at Texas State include:
1. Dreamwoods Studios (untitled film for Indian market), March 2017 2. Reset Content (Bank of America commercial), February 2016 3. Pulsations (“Adventures de medicine” for France 2 television), September 2015 4. USA Deaf Sports Federation (online video), September 2015 5. Stone Ward (Sport Clips online video), March 2015 6. Exploration Production (“Daily Planet” and/or “Discovery Specials”), January 2015 7. National Geographic Society (online video), October 2014 8. TWITA (“Everybody Wants Some!!!”), October 2014 9. Burning Bright Productions (“Almost Royal”), February 2014 10. Air Force Recruiting Service Marketing, November 2013 11. Red J Films (“El Chupacabra”), September 2013 12. Arts + Labor (Dell commercial), August 2013 13. Fueld Films (commercial), April 2013 14. Fueld Films (Verizon commercial), January 2013 15. Pilgrim Operations (“Only in America” for A&E Television), November 2012 16. Barcroft Productions (“The Unbelievable Truth”), September 2012 17. Independent Media (AARP commercial), April 2012
Other notable film productions:
1. Boyhood (2014) 2. Friday Night Lights (2006-2011) 3. The Ringer (2005) 4. D.O.A. (1988) 5. The Getaway (1972)
Economic Impact of the Texas Moving Image Industries in Caldwell & Hays Counties| Fall 2017 16 29
Appendix 5 – Detailed Economic Impact Table
Total Economic Impact of Motion Picture, Film, and TV Production Spending in Caldwell & Hays Counties from 2008 to 2016 Value Labor Industry Sector Output Added Income Employment Agriculture, forestry, fishing, $2,744 $1,372 $1,372 0 huntingMining $31,557 $20,580 $5,488 0 Utilities $190,712 $108,391 $28,813 0 Construction $104,274 $57,625 $31,557 1 Durable goods manufacturing $284,011 $137,203 $65,858 1 Nondurable goods manufacturing $292,243 $122,111 $63,113 1 Wholesale trade $367,705 $249,710 $109,763 1 Retail trade $616,042 $410,238 $216,781 7 Transportation and warehousing $318,311 $176,992 $112,507 3 Information $17,165,492 $9,379,211 $2,844,222 104 Finance and insurance $1,240,317 $640,739 $321,055 6 Real estate and rental and leasing $1,649,182 $1,159,367 $271,662 10 Professional, scientific, tech. $1,317,151 $854,776 $541,953 8 Management of companies services $63,113 $37,045 $26,069 0 Administrative and waste services $503,536 $345,752 $240,106 7 Educational services $104,274 $63,113 $48,021 2 Health care and social assistance $635,251 $382,797 $285,383 6 Arts, entertainment, and $1,060,581 $572,137 $285,383 17 Accommodationrecreation $119,367 $75,462 $32,929 1 Food services and drinking places $300,475 $157,784 $98,786 5 Other services $370,449 $207,177 $141,319 4 Households $0 $8,232 $8,232 1 Total $26,736,788 $15,167,814 $5,780,371 185 Source: TXP, Inc.
Economic Impact of the Texas Moving Image Industries in Caldwell & Hays Counties| Fall 2017 17 30
Legal Disclaimer TXP, Inc. (TXP) reserves the right to make changes, corrections, and/or improvements at any time and without notice. In addition, TXP disclaims any and all liability for damages incurred directly or indirectly as a result of errors, omissions, or discrepancies. TXP disclaims any liability due to errors, omissions, or discrepancies made by third parties whose material TXP relied on in good faith to produce the report.
Any statements involving matters of opinion or estimates, whether or not so expressly stated, are set forth as such and not as representations of fact, and no representation is made that such opinions or estimates will be realized. The information and expressions of opinion contained herein are subject to change without notice, and shall not, under any circumstances, create any implications that there has been no change or updates.
Economic Impact of the Texas Moving Image Industries in Caldwell & Hays Counties| Fall 2017 18 31 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 July 16, 2019
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
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 payment of Juror checks.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT July 16, 2019
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
33 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 United Healthcare claims.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT July 16, 2019
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
34 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 July 2, 2019.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT July 16, 2019
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: AUDITOR REVIEW:
REQUESTED BY SPONSOR CO-SPONSOR
CARDENAS BECERRA N/A
SUMMARY
35 HAYS COUNTY COMMISSIONERS' COURT MINUTES
***** ***** JULY 2, 2019
STATE OF TEXAS * COUNTY OF HAYS *
ON THIS THE 2ND DAY OF JULY A.D., 2019, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:
RUBEN BECERRA COUNTY JUDGE DEBBIE GONZALES INGALSBE COMMISSIONER, PCT. 1 MARK JONES COMMISSIONER, PCT. 2 LON A. SHELL COMMISSIONER, PCT. 3 WALT SMITH COMMISSIONER, PCT. 4 ELAINE H. CÁRDENAS COUNTY CLERK
THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:
Executive Pastor Paul Valdez from the Fellowship Church at Plum Creek gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.
PUBLIC COMMENTS
Rodrigo Amaya, resident of San Marcos, made public comment on availability of County Judges Office, meeting with Jerry Borcherding and Jennifer Scott at Commissioner Pct 2 office, and Commissioner Smith’s availability. Dan Lyon, resident of San Marcos, made public comment on sheriff office disbursements.
34031 APPROVE PAYMENTS OF COUNTY INVOICES
A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve payments of County invoices in the amount of $3,038,548.27, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED
34032 APPROVE PAYMENTS OF JUROR CHECKS
A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve payments of Juror checks in the amount of $1,222.00, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED
34033 APPROVE THE PAYMENT OF HUMANA AND UNITED HEALTHCARE CLAIMS
A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the payment of Humana and United Healthcare claims in the amount of $1,499,406.40, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED
34034 APPROVE COMMISSIONERS COURT MINUTES OF JUNE 25, 2019
A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve Commissioners Court Minutes of June 25, 2019, as presented by County Clerk. All present voting “Aye”. MOTION PASSED
34035 APPROVE THE PAYMENT OF THE JULY 15, 2019 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $2,700,000.00 EFFECTIVE JULY 15, 2019 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED
Approve the July mid-month payroll disbursements not to exceed $2,700,000.00. A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve the payment of the July 15, 2019 payroll disbursements in an amount not to exceed $2,700,000.00 effective July 15, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voting “Aye”. MOTION PASSED
34036 AUTHORIZE COMMERCIAL ON-SITE SEWAGE FACILITY PERMIT FOR 8 RVS AT 400 KOTHMANN RD, WIMBERLEY, TX 78620
Louie Bruno is proposing an On-Site Sewage System to serve 8 recreational vehicles. This 14.074-acre parcel of land is Lot 15A in the Glen Kothmann subdivision and will be served by a public water suppy that will be Page 1 of 7 36 HAYS COUNTY COMMISSIONERS' COURT MINUTES
***** ***** JULY 2, 2019 trucked to the property. The system designer, Kyle DeHart, R.S., has designed a non-standard treatment system. After treatment, the effluent will be dispersed through drip irrigation tubing for a maximum daily rate of 400 gallons. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize Commercial On-Site Sewage Facility Permit for 8 RVs at 400 Kothmann Rd, Wimberley, TX 78620. All present voting “Aye”. MOTION PASSED
34037 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR CONVENIENCE STORE AT 2709 E FM 150, KYLE, TEXAS 78640
FM 150 LLC, is proposing an On-Site Sewage System to serve a new convenience store/gas station. This 2.30- acre tract of land is Lot 1 of the Westhill Corner subdivision in the City of Kyle and will be served by a public water supply. The system designer, David Coombs, P.E., has designed a non-standard treatment system. After treatment, the effluent will be dispersed via low-pressure pipe for a maximum daily rate of 690 gallons. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for convenience store at 2709 E FM 150, Kyle, Texas 78640. All present voting “Aye”. MOTION PASSED
34038 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR THE LADYBIRD MONTESSORI SCHOOL AT 1305 OLD BLACK COLONY RD, BUDA, TEXAS, 78610
Ladybird Montessori LLC, is proposing an On-Site Sewage System to serve their new school. This system is designed to accommodate up to 200 students and teachers. This 11.956-acre tract of land is Lot 1 of the Ladybird Montessori subdivision and will be served by a public water supply. The system designer, Jon Maass, P.E., has designed a standard treatment system. After treatment, the effluent will be dispersed via drip irrigation tubing for a maximum daily rate of 2400 gallons. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for the Ladybird Montessori School at 1305 Old Black Colony Rd, Buda, Texas, 78610. All present voting “Aye”. MOTION PASSED
34039 AUTHORIZE PAYMENT TO ON SITE SERVICES IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY
On Site Services submitted two invoices for testing done the same day resulting in the amount being over $500. Per County Purchasing Policy, a purchase order is needed. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize payment to On Site Services in which no purchase order was issued as required per County Purchasing Policy. All present voting “Aye”. MOTION PASSED
34040 APPROVE UTILITY PERMITS
Permit #: 1144,1145 Road Name: Bunton Lane, Mirela Ann Road & Terra Scena Trl., Utility Company: (PEC), LJA Engineering. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve Utility Permits #1144 located on Bunton Lane issued to PEC and Permit #1145 located on Mirela Ann Road & Terra Scena Trl issued to LJA Engineering. All present voting “Aye”. MOTION PASSED
34041 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR OFFICE BUILDING WITH APARTMENTS LOCATED AT 4605 AIRPORT HIGHWAY 21, SAN MARCOS, TEXAS 78666
Russell Forrester is proposing an OSSF to serve a small office building that includes three apartments. The system is designed to accommodate the apartments and a maximum of 5 employees per day. This 10.01-acre tract of land will be served by a public water supply. The system designer, Andy Grubbs, R.S., has designed a proprietary treatment system with flow equalization. After treatment, the effluent will be dispersed via surface application for a maximum daily rate of 500 gallons. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for office building with apartments located at 4605 Airport Highway 21, San Marcos, Texas 78666. All present voting “Aye”. MOTION PASSED
34042 APPROVE BOND 601152227 TO THE HAYS COUNTY JUDGE FOR THE NEWLY APPOINTED FIRE MARSHAL, PER LOCAL GOVERNMENT CODE, CH. 352.012
The Fire Marshal bond requires court approval per LGC 352.012, and must be made payable to the County Judge per LGC 88.002. Attachment: Bond. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve bond 601152227 to the Hays County Judge for the newly appointed Fire Marshal, per Local Government Code, Ch. 352.012. All present voting “Aye”. MOTION PASSED
Page 2 of 7 37 HAYS COUNTY COMMISSIONERS' COURT MINUTES
***** ***** JULY 2, 2019 34043 AUTHORIZE THE EXECUTION OF AN AMENDED LETTER OF AGREEMENT BETWEEN THE HAYS COUNTY VETERANS TREATMENT COURT AND AUSTIN RECOVERY, INC. RELATED TO A FEE REDUCTION FOR THE RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY
On May 21, 2019 the Commissioners Court authorized a letter agreement with Austin Recovery-Hicks Family Ranch for Veterans in-patient treatment for substance abuse disorders. The revised agreement reflects a revision in the fee schedule, reducing the 30-day treatment costs from $12,000 to $7,500 per individual. The Texas Veteran's Commission grant will fund all costs associated with this program. Attachments: Austin Recovery, Inc. Letter of Agreement (revised). A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the execution of an amended Letter of Agreement between the Hays County Veterans Treatment Court and Austin Recovery, Inc. related to a fee reduction for the residential substance abuse treatment facility. All present voting “Aye”. MOTION PASSED
34044 AUTHORIZE THE HISTORICAL COMMISSION TO PURCHASE A REPLACEMENT COMPUTER WITH ACCESSORIES AND AMEND THE BUDGET ACCORDINGLY
This Historical Commission lead volunteer offices at the County Courthouse and assists with all county historical projects. The computer assigned to this volunteer has not been functional for two months and is beyond repairs per IT staff. Funds are available within their operating budget to fund this request. Attachments: Dell DIR Contract: #DIR-TSO-3763 Budget Amendment:$ 880 - Increase Computer Equipment_Ops (computer)$ 812 - Increase Data Supplies (monitors & printer)$ 387 - Increase Software Licenses (Adobe Pro) ($2,079) - Decrease Contract Services. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Historical Commission to purchase a replacement computer with accessories and amend the budget accordingly. All present voting “Aye”. MOTION PASSED
34045 ACCEPT THE FISCAL YEAR 2018 HAYS COUNTY EMERGENCY SERVICES DISTRICT #7 AUDIT REPORT PER TEXAS HEALTH AND SAFETY CODE 775.082
Texas Health and Safety Code 775.082 requires that the District prepare and file with the Commissioners Court by June 1 of each year an audit report of the district's fiscal accounts and records. The District's Audit Report was completed on June 8, 2019. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept the Fiscal Year 2018 Hays County Emergency Services District #7 Audit Report per Texas Health and Safety Code 775.082. All present voting “Aye”. MOTION PASSED
34046 ACCEPT THE MID-YEAR FINANCIAL REPORT FOR FISCAL YEAR TO DATE THROUGH MARCH 31, 2019 AS PREPARED BY THE OFFICE OF THE COUNTY AUDITOR
The Auditor's Office March 2019 Financial Report will be provided in Court. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept the mid-year financial report for fiscal year to date through March 31, 2019 as prepared by the office of the County Auditor. All present voting “Aye”. MOTION PASSED
34047 AUTHORIZE ADDITIONAL FUNDING FOR THE PURCHASE OF FOUR (4) REPLACEMENT HAZMAT LEVEL A SUITS FOR THE OFFICE OF EMERGENCY SERVICES HAZMAT TEAM AND AMEND THE BUDGET ACCORDINGLY
Rodrigo Amaya, a San Marcos resident, spoke on the necessity of these hazmat level suits and how many incidents we have had. Emergency Services Director, Kharley Smith addressed the questions and clarified any information needed. On February 12, 2019 the Court authorized the purchase of replacement Hazmat Level A suits for the HazMat truck. An error was made in the original pricing and additional funds are needed in order to obtain the appropriate National Fire Protection Agency (NFPA) certified suits. Funds are available within the OES operating budget for this purchase. Budget Amendment: Increase 001-656-00.5719_400 - Miscellaneous Equipment Operating Expense Decrease 001-656-00.5448 - Contract Services. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize additional funding for the purchase of four (4) replacement Hazmat Level A suits for the Office of Emergency Services HazMat Team and amend the budget accordingly. All present voting “Aye”. MOTION PASSED
34048 RELEASE OF THE MAINTENANCE BOND #EAIC881700004 IN THE AMOUNT OF $42,158.17, AND THE ACCEPTANCE OF ROADS INTO THE COUNTY ROAD MAINTENANCE SYSTEM FOR STONEFIELD SUBDIVISION, SECTION 10 (REMAINDER OF ADOQUIN TRAIL ONLY)
Staff recommends acceptance of this road into the county road maintenance system. It includes: the remainder of Adoquin Trail (1,909 ft. new total length). A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to release the maintenance bond #EAIC881700004 in the amount of $42,158.17,
Page 3 of 7 38 HAYS COUNTY COMMISSIONERS' COURT MINUTES
***** ***** JULY 2, 2019 and the acceptance of roads into the county road maintenance system for Stonefield subdivision, Section 10 (remainder of Adoquin Trail only). All present voting “Aye”. MOTION PASSED
34049 CALL FOR A PUBLIC HEARING ON JULY 16, 2019 TO ESTABLISH A 4-WAY STOP ON TRINITY HILLS DRIVE AT THE INTERSECTION WITH LITTLETON DRIVE AND BELTERRA VILLAGE WAY IN BELTERRA SUBDIVISION TO HELP WITH PEDESTRIAN AND BIKE TRAFFIC CROSSING THE ROAD
Commissioner Walt Smith spoke briefly on where this is located exactly. This action would allow for the installation of 2 new stop signs on Trinity Hills Drive at the intersection with Littleton Drive and Belterra Village Way to accommodate pedestrian and bike traffic as they cross Trinity Hills Drive from residential areas to visit the shops. A motion was made by Commissioner Smith, seconded by Commissioner Shell to call for a public hearing on July 16, 2019 to establish a 4-way stop on Trinity Hills Drive at the intersection with Littleton Drive and Belterra Village Way in Belterra subdivision to help with pedestrian and bike traffic crossing the road. All present voting “Aye”. MOTION PASSED
34050 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH BINKLEY & BARFIELD INC. FOR UTILITY COORDINATION SERVICES RELATED TO THE LIME KILN ROAD (CR 225) PROJECT AS PART OF THE HAYS COUNTY 2016 ROAD BOND PROGRAM AND AMEND THE BUDGET ACCORDINGLY
This contract is for the performance, as needed, for Utility Adjustment Coordination, Utility Engineering, Utility Design, and Project Management related to the coordination and/or adjustment of seven utilities identified along the Lime Kiln Road (CR 225) [17/21-868-020] Road Bond Project through an initial Texas One Call and the Texas Railroad Commission. A Work Authorization for specific phased work is under negotiation. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the County Judge to execute a Professional Services Agreement (PSA) with Binkley & Barfield Inc. for utility coordination services related to the Lime Kiln Road (CR 225) project as part of the Hays County 2016 Road Bond Program and amend the budget accordingly. All present voting “Aye”. MOTION PASSED
34051 SUB-1304; APPROVE FINAL PLAT FOR THE BUSH RANCH, PHASE 4, SECTION 1 SUBDIVISION
Hays County Planner, Marcus Pacheco spoke about the plat and staff gave recommendation. The proposed Bush Ranch Phase 4, Section 1 is a 1 lot subdivision located off of W US Highway 290 in Precinct 4. Water service will be provided by West Travis County Public Utility Agency. Wastewater service will be accomplished by Hays County Municipal Utility District No. 4. A motion was made by Commissioner Smith, seconded by Commissioner Shell to approve final plat of SUB-1304; Bush Ranch, Phase 4, Section 1 Subdivision. All present voting “Aye”. MOTION PASSED
34052 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A HEALTH CARE SERVICES AGREEMENT WITH WELLPATH, LLC FOR THE JUVENILE DETENTION FACILITY AND AMEND THE BUDGET ACCORDINGLY
Rodrigo Amaya, a San Marcos resident, spoke on the liability concerns of eliminating the nurses. Brett Littlejohn, a representative from the Hays County Juvenile Center, spoke and clarified any questions that the public and Commissioners asked. The Juvenile Detention Center Director is requesting authorization to participate with the Sheriff's contract medical provider pursuant to Local Government Code, Ch. 262.04(a)(4). Wellpath will provide LVN, RN and Physician oversite to administer health care services and related administrative services as outlined in the provisions of the attached Agreement. Attachment: Wellpath, LLC Agreement Budget Amendment: Increase Health Care Program Services Decrease Salary Adjustments. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Health Care Services Agreement with Wellpath, LLC for the Juvenile Detention Facility and amend the budget accordingly. All present voting “Aye”. MOTION PASSED
34053 ELIMINATE TWO FULL-TIME LICENSED VOCATIONAL NURSE POSITIONS WITHIN THE JUVENILE DETENTION CENTER EFFECTIVE 8/1/2019
The Juvenile Detention Center Director will eliminate two full-time LVN positions in order to move to the contract for medical services with Wellpath, LLC. These positions have become difficult to fill therefore will be eliminated effective 8/1/19 to coincide with the new medical services contract. Annualized savings for this action is estimated at $115k. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to eliminate two full-time Licensed Vocational Nurse positions within the Juvenile Detention Center effective 8/1/2019. All present voting “Aye”. MOTION PASSED Page 4 of 7 39 HAYS COUNTY COMMISSIONERS' COURT MINUTES
***** ***** JULY 2, 2019
ACTION REGARDING THE CRIMINAL JUSTICE COORDINATING COMMISSION INCLUDING AN UPDATE ON RECENT COMMISSION AND SUBCOMMITTEE MEETINGS, AND THE ACCEPTANCE OF COMMISSION RECOMMENDATIONS
Rodrigo Amaya, a San Marcos resident, spoke about the non-productive meetings and what he has observed during these meetings. Dan Lyon, a San Marcos resident, spoke about the issues of not having citizens on the criminal justice board. Hays County Chief of Staff, Alex Villalobos gave an update on the meetings and productivity of the meetings. All 4 Commissioners gave praise on how the meetings are progressing. Please see the attached bylaws, membership, agendas, and minutes for the Criminal Justice Coordinating Commission (CJCC) and subcommittees. Minutes are not yet available for the 6-25 CJCC and the 6-6 and 6-25 Cite and Release subcommittee meetings. A summary of these meetings has been provided for review. The minutes of those meetings will be included during the next update to the Court. No action taken.
34054 ACCEPT THE RESIGNATION OF COLT CLEMENTS FROM THE BOARD OF DIRECTORS OF THE HAYS TRINITY GROUNDWATER CONSERVATION DISTRICT AND, PURSUANT TO SECTION 8843.055 OF THE TEXAS SPECIAL DISTRICT AND LOCAL LAWS CODE, TO APPOINT JEFF SHAW TO SERVE THE REMAINDER OF THE TERM, EFFECTIVE IMMEDIATELY
Commissioner Smith gave some background on the newly appointed member of the Board of Directors of the Hays Trinity Groundwater Conservation District. Jeff Shaw's bio is attached. A motion was made by Commissioner Smith, seconded by Commissioner Jones to accept the resignation of Colt Clements from the Board of Directors of the Hays Trinity Groundwater Conservation District and, pursuant to Section 8843.055 of the Texas Special District and Local Laws Code, to appoint Jeff Shaw to serve the remainder of the term, effective immediately. All present voting “Aye”. MOTION PASSED
34055 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INDIGENT CARE AFFILIATION AGREEMENT BETWEEN HAYS COUNTY AND SETON EDGAR B. DAVIS HOSPITAL, FOR PARTICIPATION IN THE SECTION 1115 WAIVER PROGRAM. SHELL
Commissioner Shell spoke about the 1115 Waiver program and explained how Luling’s hospital helps Hays County’s hospital. See attached Affiliation Agreement. After discussion with both Providers who participate in Hays County's Section 1115 Waiver Program, it has been determined that the inclusion of Seton Edgar B. Davis Hospital, in Luling, would assist Seton in addressing uncompensated care incurred regionally. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsebe to authorize the County Judge to execute an Indigent Care Affiliation Agreement between Hays County and Seton Edgar B. Davis Hospital, for participation in the Section 1115 Waiver Program. All present voting “Aye”. MOTION PASSED
EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE, LEASE AND/OR VALUE OF REAL PROPERTY OWNED BY HAYS COUNTY ALONG REBEL DRIVE IN PCT 2 & PCT. 4. POSSIBLE ACTION TO FOLLOW IN OPEN COURT
Court convened into Executive Session at 11:01 a.m and reconvened into open court at 11:10 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell and Legal Support Services Specialist, Janice Jones. No action taken.
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
Court convened into Executive Session at 10:02 a.m. and reconvened into open court at 11:01 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, Chief of Staff, Alex Villalobos, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, Director of Transportation, Jerry Borcherding, and Legal Support Services Specialist, Janice Jones. No action taken.
EXECUTIVE SESSION PURSUANT TO 551.071 AND 551.072 OR THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE
Page 5 of 7 40 HAYS COUNTY COMMISSIONERS' COURT MINUTES
***** ***** JULY 2, 2019 AND/OR VALUE OF REAL PROPERTY UNDER THE HAYS COUNTY REGIONAL HABITAT CONSERVATION PLAN
Court convened into Executive Session at 11:16 a.m. and reconvened into open court at 12:18 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, Chief of Staff, Alex Villalobos, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell and Legal Support Services Specialist, Janice Jones. No action taken.
EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE, LEASE AND/OR VALUE OF REAL PROPERTY OWNED BY HAYS COUNTY LOCATED AT 500 JACK C. HAYS TRAIL, BUDA IN PCT. 5. POSSIBLE ACTION TO FOLLOW IN OPEN COURT
Court convened into Executive Session at 11:10 a.m. and reconvened into open court at 11:13 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, Chief of Staff, Alex Villalobos, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell and Legal Support Services Specialist, Janice Jones. No action taken.
34056 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE VALUE OF RIGHT OF WAY ALONG AND INCLUDING FM 1626 IN PCT. 2. POSSIBLE ACTION TO FOLLOW IN OPEN COURT
Court convened into Executive Session at 11:13 a.m. and reconvened into open court at 11:16 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, Chief of Staff, Alex Villalobos, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept counsel’s proposal of settlement, in the amount of $298,573.00 for Parcel 14 on FM 1626, authorizing the purchase agreement to be routed in accordance with settlement agreements at or about appraised value. All present voting “Aye”. MOTION PASSED
32. DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. INGALSBE/CUTLER
ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION
Judge Becerra gave an update on the Burn Ban. There will be no burn ban. Urged the residents to stay vigilant during the 4th of July holiday and to pop fireworks and burn safely.
Clerk’s Note Agenda Item- #34 DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. BECERRA– was pulled
Clerk’s Note Agenda Item- #35 DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. SHELL– was pulled
DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS. BECERRA
Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10%of capacity open. The jail’s daily average was 551 and peak was 557 on June 21st for the week of June 16th to June 22th, 2019. Estimated cost for outsourcing inmates this week as $76,448.00. The average number of outsourced males is 199 and females are 13. This week’s inmates were housed in the following counties: Bastrop, Bell, Blanco, Burnett, Caldwell, Guadalupe, McLennan and Walker.
Page 6 of 7 41 HAYS COUNTY COMMISSIONERS' COURT MINUTES
***** ***** JULY 2, 2019
ADJOURNMENT
A motion was made by Commissioner Jones to adjourn court at 12:20 pm
I, ELAINE H. CÁRDENAS, COUNTY CLERK and EXOFFICIO CLERK OF THE COMMISSIONERS’ COURT, do hereby certify that the foregoing contains a true and accurate record of the proceedings had by the Hays County Commissioners’ Court on July 2, 2019.
ELAINE H. CÁRDENAS, COUNTY CLERK AND EXOFFICIO CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS
Page 7 of 7 42 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 payment to Veracity Aviation for the Feral Hog Abatement grant program in which no purchase order was issued as required per County Purchasing Policy.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT July 16, 2019 $525
LINE ITEM NUMBER 001-899-99-109.5448
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: NO AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO
REQUESTED BY SPONSOR CO-SPONSOR
Tammy Crumley JONES N/A
SUMMARY The feral hog program consists of providing funds toward aerial hunting services. Funds are available within the grant budget to cover this expenditure.
43 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 Scott Roberts to the board of directors of the Driftwood Economic Development Municipal Management District (DEDMMD), term ending June 1, 2023.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT July 16, 2019
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: AUDITOR REVIEW:
REQUESTED BY SPONSOR CO-SPONSOR
SMITH N/A
SUMMARY Scott Roberts has agreed to serve an additional four year term.
Sec. 3858.002. CREATION AND NATURE OF DISTRICT. The district is a special district created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
44 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 County Judge to execute Additional Services No.12 from HOK for work related to the Hays County Public Safety Bond project.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT July 16, 2019 $16,320
LINE ITEM NUMBER 006-852-94-201.5611_700
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO
REQUESTED BY SPONSOR CO-SPONSOR
INGALSBE SHELL
SUMMARY HOK Additional Services Request #12 for design fees related to request by Sheriff's office to accommodate additional work stations on level 2. This revision affects walls, floors, ceilings, doors, and associated finishes, as well as minor mechanical and electrical modifications.
45 ADDITIONAL SERVICES - CLIENT
Project: Hays County 911-EOC-LEC Client: Hays County Date Prepared: 04 June 2019 HOK Project No.: 16.09019.02 Additional Service No.: 012 File: 16.09019.02.A2.1
Attention: County Judge Ruben Becerra From: Linda Bernauer Regarding: Document Revisions to accommodate additional Sheriff's Office workstations Copies To: file; ECM
Hays County and HOK entered into an agreement dated 6/24/2016 (the "Agreement") for the provision of professional services in connection with Hays County LEC, Detention, and 911 Center. Except as expressly modified in this document, each and every term of the Agreement shall remain unchanged and in full force and effect.
Description of Work: Modify approximately 400 s.f.of Level 2 Area A to accommodate the following: Eliminate Building Maintenance offices 2105 and 2106 including walls, doors, ceiling, power, lighting, IT, communications and security. Locate eight – 6’-0” x 6’-0” furniture workstations in the area that currently includes the offices and the corridor leading to Storage 2107. Replace the pair of 3’-0” doors into the storage room with a single 4’-0” wide door centered between the two rows of workstations. Rotate the stair to the roof located in the storage room 90 degrees so that it does not interefere with access to the room. Modify Electrical Room 2103 to recess the door 2’-0” to access the new open office area. This modification will affect the following: architectural floor plan, reflected ceiling plan, finish plan, furniture plan, door schedule and details (A-sheets), electrical power plan, electrical equipment layout in the electrical room, electrical lighting plan, electrical circuiting and panel diagrams (E-sheets), fire protection plan (FP-sheet), HVAC plan (M-sheet), IT/Communications plan (TT-sheet), and security plan (TY-sheet). The furniture package that has been released to ECM for review will also need to be revised.
Reason for Change: On May 30, 2019, we met with Chief Davenport, Captain Cumberland and ECM to review a proposed location to add 8 – 6 x 6 workstations. An area on the second floor was identified for modification to accommodate the additional workstations.
Anticipated Completion Date of this Additional Service: 2 August 2019 pending approval not later than 5 July 2019
Impact on Project Schedule: N/A provided the work is done as soon as possible.
Page 1 of 2 46 ADDITIONAL SERVICES - CLIENT
Compensation & Method: Hourly w/ estimated maximum $ Revise electrical construction documents as described above Fixed Fee distributed as follows: $ HOK Architecture, Interior Design, and Furniture $9,600.00 HOK IT/Communications/Security $2,400.00 IMEG Mechanical, Electrical and Fire Protection $4,320.00 Reimbursable Expenses (estimated) $0.00 Total Compensation Estimate $16,320.00
Issued by: Client Approval:
HOK Hays County Printed Name: Linda Bernauer Printed Name: Ruben Becerra, County Judge Date: 04 June 2019 Date:
Page 2 of 2 47 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 County Judge to execute Additional Services No.13 from HOK for work related to the Hays County Public Safety Bond project.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT June 25, 2019 $4,750
LINE ITEM NUMBER 006-852-94-201.5611_700
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO
REQUESTED BY SPONSOR CO-SPONSOR
INGALSBE SHELL
SUMMARY HOK Additional Services Request #13 for the completion of additional GIS information requested by the city for submission of the PICP Permit for the Public Safety Building.
48 49 50 ADDITIONAL SERVICES - CLIENT
Project: Hays County 911-EOC-LEC Client: Hays County Date Prepared: 11 June 2019 HOK Project No.: 16.09019.02 Additional Service No.: 013 File: 16.09019.02.A2.1
Attention: County Judge Ruben Becerra From: Linda Bernauer Regarding: City of San Marcos GIS Requirements Copies To: file; ECM
Hays County and HOK entered into an agreement dated 6/24/2016 (the "Agreement") for the provision of professional services in connection with Hays County LEC, Detention, and 911 Center. Except as expressly modified in this document, each and every term of the Agreement shall remain unchanged and in full force and effect.
Description of Work: Doucet has prepared a GIS submittal as now required by the City of San Marcos standards for th Public Safety Building. GIS submittal packet includes the requirements for Initial Plan Review, Approved Plans/Pre- Construction, and As-Builts. GIS submittals are to be delivered at required milestones during the approval process wich requires a signed and sealed Datum Statement to satisfy the “Surveyor/Data/Information” requirements as part of the submittal checklist.
Reason for Change: This was an update to the original PICP requirements for all projecys in the City of San Marcos. The design team was not notified of the requirement until final documents were submitted.
Anticipated Completion Date of this Additional Service: This Additional Service is already complete.
Impact on Project Schedule: N/A provided the work is done as soon as possible.
Compensation & Method: Hourly w/ estimated maximum $ Revise electrical construction documents as described above Fixed Fee for Doucet & Associates: $4,750.00 Reimbursable Expenses (estimated) $0.00 Total Compensation Estimate $4,750.00
Page 1 of 2 51 ADDITIONAL SERVICES - CLIENT
Issued by: Client Approval:
HOK Hays County Printed Name: Linda Bernauer Printed Name: Ruben Becerra, County Judge Date: 11 June 2019 Date:
Page 2 of 2 52 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 payment to the Lower Colorado River Authority where no purchase order was issued as required as per the County Purchasing Policy.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT July 16, 2019 $751.51
LINE ITEM NUMBER 001-618-00.5411 Equipment Maintenance & Repair
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: NO AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO
REQUESTED BY SPONSOR CO-SPONSOR
Cutler BECERRA N/A
SUMMARY The Sheriff's Office is seeking court approval of payment of $751.51 to LCRA where no purchase order was obtained as per the county policy. The invoice includes service and maintenance to the uninterrupted power source located in the communications center and to the radio located in a patrol unit. Funding is available in the Sheriff's Office Equipment Maintenance & Repair g/l.
53 54 55 56 57 58 59 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 Utility Permits.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT July 16, 2019
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: AUDITOR REVIEW:
REQUESTED BY SPONSOR CO-SPONSOR
Jerry Borcherding BECERRA N/A
SUMMARY Permit #: Road Name: Utility Company: 1146 Mathias Lane J L Grey 1147 Windy Hill Road J L Grey 1148 Spoke Hollow Road PEC 1149 Panorama Drive Deer Creek Water Co.
61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 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 acceptance of a grant award from The Office of the Attorney General to the Sheriff's Office Criminal Investigation Division for the investigations of Internet Crimes Against Children (ICAC) and amend the budget accordingly.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT July 16, 2019 N/A
LINE ITEM NUMBER 001-618-99-111]
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO
REQUESTED BY SPONSOR CO-SPONSOR
Cutler BECERRA N/A
SUMMARY The Sheriff's Office Criminal Investigations Division are highly active members of the Internet Crimes Against Children (ICAC) Task Force Program. The Attorney General has awarded up to $3,000 to the Sheriff's Office for the use of equipment dedicated to the investigation of child exploitation cases.
The Criminal Investigations Division is requesting to use the award on the following computer equipment: 8-internal hard drives, charging station, USB charging cables, surge protector & flash drives.
Grant Number: 1995166 Grant Period: 06/01/2019 - 08/31/2019
Budget Amendment: Increase .4301 Intergovernmental Revenue $3,000 Increase .5202 Data Processing Supplies $3,000
Attachment: FY19 Approved Budget
76 Office of the Attorney General Grants Administration Division FY 2019 Detailed Budget
Grantee Hays County Sheriff's Office Grant Number 1995166 Grant Title Internet Crimes Against Childen (ICAC) City San Marcos County Hays Grant Period June 1, 2019 - August 31, 2019 Budget Version Initial
FY 2019 FY 2019 Current Increase or Revised Item Description Approved Decrease (+/-) Approved Budget Budget EQUIPMENT $ $ $ $ $ $ $ $ $ $ $ $ Equipment Total $ $ $ SUPPLIES 6TB Internal Hard Drives (8) $ 1,760 $ $ 1,760 Hard Drive Storage Cases (8) $ 765 $ $ 765 Multi Port USB Charging Station $ 110 $ $ 110 USB 3.0 Type C Charging Cables-4pk $ 20 $ $ 20 USB 2.0 Charging Data Cable-4pk $ 15 $ $ 15 Power Center Surge Protection Charging Port-4-Outlet $ 85 $ $ 85 64 GB USB 3.0 Flash Drives (20) $ 245 $ $ 245 $ $ $ Supplies Total $ 3,000 $ $ 3,000 OTHER DIRECT OPERATING EXPENSES $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Other Direct Operating Expenses Total $ $ $ TOTAL BUDGET $ 3,000 $ $ 3,000
77 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 Approval to hold an online auction with Rene Bates Auctioneers to dispose of surplus property pursuant to Texas Local Government Code 263.152(a)(1) and authorize Purchasing Manager to advertise; approve the disposal of property as authorized per Texas Local Government Code 263.152(a)(3).
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT July 16, 2019 N/A
LINE ITEM NUMBER N/A
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: AUDITOR REVIEW:
REQUESTED BY SPONSOR CO-SPONSOR
Marisol Villarreal-Alonzo BECERRA N/A
SUMMARY The Purchasing Office would like to hold an online auction to dispose of surplus county property. The auction will run for approximately two weeks. Directions for bidding on items can be found on the Rene Bates Auctioneers website at www.renebates.com.
Purchasing is also requesting a method and approval to properly dispose of items that do not sell in the online auction. Per Texas Local Government Code 263.152(a)(3) the Commissioner's Court may order any of the property to be destroyed or otherwise disposed of as worthless if the commissioners court undertakes to sell that property under Subdivision (1) and is unable to do so because no bids are made.
Attachment: Detailed List of Auction Items
78 Dept Year Make Model Vin HC TAG Asset Title P.Hlth 2007 Dodge Charger 2B3KA43G27H757916 16146 12262 JDC 2008 Dodge Minivan 2D8HB44H58P657035 16544 12814 DA 1987 Ford Mustang 1FABP42E1HF187896 N/A N/A CA18-0545 DA 2002 Ford F-150 FTRW07662KA558522 N/A N/A CA12-0154 DA 1970 Cadillac Deville FJ0295196 N/A N/A CA14-0385 DA 2006 Ford Exped ition 1FMFU19576LA35995 N/A N/A CA18-0546 Juv.Prob 2001 Ford Windstar 2FM2A574X1BB17087 12173 7413 Juv.Prob 2004 Ford Crown Vic 2FA FP71H44X118373 13218 8726 Juv.Prob 2006 Ford Crown Vic 2FAF P71W76X125482 15296 10208 Cowide 1998 GMC Sierra 1GTEC19Ml WE537139 11265 6023 Cowide 1999 Ford F-150 1FTZX1722XKB66860 11610 6470 Cowide 2001 Chevy Silverado 1GCEC19V01Z220513 12074 7305 YES Cowide 2002 Chevy Silverado 2GCEC19V221339447 12447 7877 YES Cowide 2002 Ford F-150 1FTRF17W1YKA31831 N/A 6715 YES Cowide 2002 Ford Explo rer 1FMZU62E72ZB79316 12411 7703 YES Cowide 2003 Ford F-150 1FTRX17WX3NA81986 12848 8230 Cowide 2006 Ford Crown Vic 2FAFP71W46X125472 15610 10257 YES Cowide 2008 Dodge Charger 2B3KA43G38H180640 16590 12819 YES Cowide 2009 Dodge Charger 2B3KA43V79H567675 16794 13859 YES Cowide 2009 Dodge Charger 1GCCS199398101286 16835 13184 YES Cowide 2007 Branson Tractor 4520 16935 15991 12077 Sheriff 1984 GMC Bu s 1G DK6P1FXEV551125 17397 N/A YES Sheriff 1999 Ford F-250 1FTNX20L5XEC68059 11446 6238 YES Sheriff 1999 Chevy Tahoe 1GNEC13R9XR1453177 17612 14777 Sheriff 2001 Chevy Silvera do 1GCEC19T01Z219151 12073 7303 YES Sheriff 2002 Chevy Silverado 1GCEC19V82Z298779 12449 7948 YES Sheriff 2005 Chevy Impala 2G1WF55K759235470 13536 9381 YES Sheriff 2005 Ford Crown Vic 2FAFP71W45X129844 13690 9479 YES Sheriff 2005 Ford Crown Vic 2FAFP71W15X129848 13675 9495 YES Sheriff 2005 Ford Crown Vic 2FAFP71W55X176865 16800 13169 YES Sheriff 2006 Ford Expedition 1FM PU155 36LA97713 15595 11537 YES Sheriff 2006 Ford F-250 1FTNF20506EC94507 16469 10608 YES Sheriff 2006 Ford Crown Vic 2FAFP71W66X125487 16474 10200 YES Sheriff 2006 Ford Crown Vic 2FAFP71W06X125890 15687 10211 YES Sheriff 2007 Dodge Charger 2B3KA43HX7H878122 16733 13043 YES Sh eriff 2008 Chevy Impala 2G1WB58K181323313 15669 YES Sheriff 2008 Dodge Durango 1D4HD38N18F130552 16927 13377 YES Sheriff 2008 Dodge Charger 2B3KA43G08H180644 16613 12820 YES Sh eriff 2008 Dodge Ch arge r 2B3KA43H58H299864 16476 14162 Sheriff 2008 Dodge Charger 2B3KA43G98H180643 16692 12899 YES Sheriff 2009 Dodge Ch arger 2B3KA43D79H586640 17330 13963 YES Sheriff 2009 Dodge Ch arge r 2B3KA43D99H562260 16460 13526 Sheriff 2009 Dodge Charger 2B3KA43V59H567674 16447 13958 YES Sheriff 2009 Dodge Charger 2B3KA43V49H567682 16444 13942 Sheriff 2009 Dodge Durango 1D8HD38P89F710348 17121 13644 YES Sheriff 2009 Dodge Durango 1D8 HD 38PX9F710349 17120 13643 YES Sheriff 2009 Dodge Durango 1D8HD38P89F710351 17117 13853 Sheriff 2009 Dodge Ram 2500 3D7KR28T39G518241 16777 13527 YES Sheriff 2010 Dodge Charger 2B3CA4CD6AH151486 17420 14505 Sheriff 2010 Dodge Cha rge r 2B3AA4CV1AH151475 17493 14509 YES Sheriff 2010 Dodge Cha rger 2B3AA4CV6AH151472 17410 14507 YES
79 Sheriff 2010 Dodge Charger 2B3AA4CV7AH151481 17480 14503 YES Sheriff 2010 Dodge Charger 2B3CA4CV8AH203533 17554 14623 YES Sheriff 2011 Chevy Caprice 6G1MK5T29BL571750 17910 14841 YES Sheriff Ford Tractor 3000 C366126 N/A N/A Sheriff 2007 Yan mar Loader 2220D 23B21191 16322 12252 RPTP 2001 Ford F-250 1FTNX20L71EB58296 12060 7283 YES RPTP 2003 Chevy Silverado 1GCEK14T93Z209991 12856 8221 YES RPTP 2004 Chevy Silverado 1GCHC24UX4E319921 13384 8998 YES RPTP 1992 John Deere Wheeloader 444E CK444EB001216 9398 3510 RPTP 1995 Freightliner SLD120 1FUYDDYB5SP87277 12171 7411 YES RPTP 1996 Caterpiller Road Mixer RR250B 3RR00102 10972 5533 RPTP 1996 Caterpiller Motorgrader 120H 4MK150 10793 5323 RPTP 1996 Fo rd Dump Truck L9000 1FDY\N90T2TVA24464 10768 5303 YES RPTP 1997 Dynapac Wheeloader CA2510 58314033 11189 5921 RPTP 1997 Dynapac Wheeloader CA2510 58312565 11187 5920 RPTP 1997 John Deere Backhoe 410E T0410EX831294 11070 5729 RPTP 2001 Bomag Tire Roller BWllRH 109A22201823 12142 7347 RPTP 2003 GMCTiger Truck Cat W5500 J8DE5B14937901866 13040 8305 RPTP 2005 GMCTiger Truck Cat W5500 J8DE5B164757901357 15237 9970 RPTP 2008 Crafco Me lter SS125DG 1C9SV122X814118015 16860 13217 Sheriff 2008 Dodge Charger 1B3KA43G88H180651 16704 12903 Sheriff 1991 International Amtram Bus 1HVBBZ7N1MH307073 N/A YES Sheriff 2008 Dodge 2500 3D7KR28D68G177344 12815 16437 YES
80 019746, 019747, 0486, 0489, 11018, 10304, 016052, 013389, 017124, 1 County Clerk 018047 Unkown Unkown Unkown Unkown Map Plat Cabinet Lot (10 total) None 2 County Clerk 11744 Unkown Canon Microprinter 90 Unkown Canon Microprinter 90 Does not work
81 ------
1 Local Health 16297 Unknown 8-Drawer Filing Cabinet None
2 Local Health Apollo Concept Portable Overhead Projector None
82 Texas Business Statutes Annotated 2013& County Stamp, Outdated Materials - 1 law Library Thomson Reuters with Related 2 Paperback Books 2014 Law no longer good. labeled. Delaware and Federal Statutes Texas Criminal County Stamp, Outdated Materia ls - 2 law library James Publishing 2 Hardbound Books Lawyer's Handbook Law no longer good. Labeled. Trial Practice Series: 2nd County Stamp, Outdated Materials - 2 Law Library Thomson Reuters Trial Objection 1 Binder Edition law no longer good. Handbook 3rd /Edition; Texas Family Law County Stamp, Outdated Materials - 31Law library State Bar of Texas 2 Paperback Books 2014 & Practice Manual Law no longer good. labeled. 2016
2009- 2010, Police Misconduct County Stamp, Outdated Materials - 4 law Library 2010- Thomson Reuters Law & litigation 3rd 3 Paperback Books Law no longer good. Labeled. 2011, & Edition 2011-2012
Texas Criminal and !county Stamp, Outdated Materia ls - 41law library 2013-2014 lexis Traffic law Manual - 1 Paperback Book Law no longer good. labeled. Judicial Edition Revision Texas DTPA Forms & County Stamp, Outdated Materials - 4 law library James Publishing 3 Paperback Books 13 & 14 Practice Law no Ion er ood. labeled. County Stamp, Outdated Materials - 4 law library Revision 9 James Publishing Texas Estate Planning 1 Paperback Book Law no longer good. Texas Probate Forms County Stamp, Outdated Materials - 4 law library Revision 7 James Publishing 1 Paperback Book & Procedures Law no longer good. 1996, 1998, Texas Local !County Stamp, Outdated Materials - S l aw library 2012, Thomson Reuters Paperback Books Government Code 1s Law no longer good. Labeled. 2014, 2016
83 2012, Texas Rules of Court- County Stamp, Outdated Materials - 5 Law Library 2014, Thomson Reuters 3 Paperback Books State Law no longer good. Labeled. 2015 Texas Rules of Court: County Stamp, Outdated Materials - slLaw Library 2016 Thomson Reuters Federal Volumes II 2 Paperback Books; Includes KeyRules ILaw no longer good. and IIA
2011-2012 Texas Practice Series - County Stamp, Outdated Materials - 6 Law Library & 2014- Thomson Reuters Texas Family law 2 Paperback Books Law no longer good. Labeled. 201S Handbook
Texas Practice Series, Volume 45 & 46: County Stamp, Outdated Materials - 6) Law library 2014-2015 Thomson Reuters 2 Paperback Books Texas Environmental La w no longer good. Labeled. Law West's Texas Forms - 4th County Stamp, Outdated Materials - 6 Law Library Thomson Reuters Civil Trial and 2 Hardbound Books Edition Law no longer good. Labeled.
County Stamp, Outdated Materials - 7 Law Library 2010 Bakers 1 Paperback Book I Law no long~ good. Labeled. Texas Criminal County Stamp, Outdated Materials - 7 Law Library 2010 Bakers 2 Paperback Books; Part 1 and 2. Procedure Handbook Law no longer good. Labeled. Texas Drugs & DWI ICounty Stamp, Outdated Materials - 11Law Library J2010 Bakers 1 Paperback Book Handbook Law no longl:!.good. Labeled. Texas Family Code County Stamp, Outdated Materials - 7 Law Library 2010 Bakers 1 Paperback Book Handbook Law no Ion er ood. Labeled. Texas Juvenile 2 b k k d d h Edi . ( ounty Stamp, Outdated Materials . ~1988& Probation 1Texas Juvenile Law Paper ac 8 oo s; 2 n an 4t t1on L od L b d 1996 aw no I onger go . a e Ie . Commission Texas Penal Code County Stamp, Outdated Materials - 7 Law Library 2010 Baker's 1 Paperback Book +"'"'"~ Handbook Law no longer ood. Labeled. IMcDonald & Carlson 6 H db d k b k k 'county Stamp, Outdated Materials - Law Library 12nd Thomson Reuters 8 sl Edition Texas Civil Practice ar oun oo s; 2 Paper ac Boo s Law no Ion er ood. Labeled.
84 Texas Legal Directory 2011& 4 Hardbound Books and 8 Paperback County Stamp, Attorney Donor Stamp, 9 Law Library Legal Directories of the State Bar of 2013 Books Outdated Materials Texas 2nd Texas Real Estate County Stamp, Outdated Materials - 10 Law Library State Bar of Texas 13 Binders Edition Forms Manual Law no longer good. Texas Causes of County Stamp, Outdated Materials - 11 Law library 2016 O'Connor's 1 Paperback Book Action Law no longer good. Labeled. Texas Causes of County Stamp, Outdated Materials - 11 Law Library 2016 O'Connor's 1 Paperback Book Action Pleadings Law no longer good. 2018& Texas Family Law 3 Paperback Books (2 Copies of the County Stamp, Outdated Materials - 11 Law Library O'Connor's 2016 Forms ~ 16 Edition 1 cop 2018 Law no longer ood. Labeled. Texas Family Law County Stamp, Outdated Materials - 11 law Library 12015 O'Connor's 1 Paperback Books Forms - Enforcement Law no longer good. Labeled. 2016 & Texas Rules of County Stamp, Outdated Materials - 11 Law Library O'Connor's 2 Paperback Books 2017 Evidence Handbook Law no longer good. Labeled. Texas Practice Series - Criminal Forms & Trial County Stamp, Outdated Materials - 12 Law Library Thomson Reuters 3 Hardbound Books Manuals; Volumes 7, Law no longer good. Labeled. j7A&8 Texas Practice Series - Texas Probate and 2 Hardbound Books (17 & 18); 2 County Stamp, Outdated Materials - 12 Law library Thomson Reuters Decedents Estates; Paperback Books (17 & 8) Law no longer good. Labeled. Volumes 17 & 18 & 8 !Texas Practice Series, Volumes 29 & 29A: County Stamp, Outdated Materials - Law Library Thomson Reuters 2 Hardbound Books 121 Juvenile Law and Law no longer good. I jPractice -- Includes 2009 - Federal Civiil Judicial County Stamp, Outdated Materials - 13 Law Library Thomson Reuters 13 Paperback Books Revised 2015 Procedure and Rules Law no longer good. Labeled. . Editions State and Local I County Stamp, Outdated Materials - 14! Law Library Thomson Reuters IGovernment Civil S Binders ILaw no longer good. Labeled. l I !RI hts
85 Paperback versions of 15 Law library Various Thomson Reuters West's Texas Cases 135 Paperback Books theSW3rd Texas Cases j Last Update Shepard's Texas 115 Hardbound Books and 6 Paperback County Stamp, Outdated Materials - was 161Law library Various l exisNexis Citations I Books law no longer good. Labeled. jSeptember __. 2011 4 Paperback/Pocket Parts & 39 County- Stamp,--- Outdated Materials - 16 Law library Various Thomson Reuters West's Texas Digest Hardbound Books Law no longer good. County Stamp, Outdated Materials - 17 law library !various Thomson Reuters Texas Jurisprudence 132 Hardbound Books, 42 Paperback _,_ law no longer good. __ 2011, -- --- 2012, Texas Subsequent County Stamp, Outdated Materials - 18 Law library Thomson Reuters 4 Paperback Books 2013, History Table Law no longer good. 2014 Texas Criminal Codes I 19 law library 12017-2018 O'Connor's 1 Paperback Book Outdated Materials Plus Davis's Texas Estate 19 Law library 2018 O'Connor's 1 Paperback Book Outdated Materials Planning Forms Texas Juvenile I 191taw library 2012 Justice Texas Juvenile Law 2 Paperback Books Outdated Materials Depart~ nt Texas Estate Planning 19 Law library 2013-2015 Statutes with 1 Paperback Book Outdate Material Commenta
86 Lot Number Department set/Tag Numl Vear i Make Model Serial Number Item Description M-1 Sheriff's Office Unknown Victory VR-1 10752344 Reach-in Refrigerator M-2 Sheriff's Office Unknown Uniforms, shirts and pants M-3 Sheriffs Office 016045 Unknown Criticare 506DNTP3 207233542 Medical vital monitor and wheelchair M-4 Sheriffs Office Unknown 2 each Padded Training suits, for attack dogs M-5 Sheriffs Office Unknown Evap Cooling Coil for 5 ton HVAC M-6 Sheriffs Office Unknown Kitchen Misc parts M-7 Sheriffs Office Unknown. Electrical Ballasts, T-12, F96, lOOW MH, 400W HPS M-8 Sheriffs Office Unknown Electrical Parts, Tranformers, louver Motor, Wall Packs M-9 Sheriffs Office Unknown Air Filters for A/C units M-10 Sheriffs Office Unknown lighting parts and fixtures M-Y Sheriff's Offiee IJRkR8'NR Qe11hle Eleelrie.al o..,eRs M-12 Sheriffs Office Unknown Formica Countertops M-13 Sheriff's Office Unknown Indoor/Outdoor Carpet M-14 Sheriffs Office Unknown Cable TV Parts, Dish Network M-15 Sheriffs Office Unknown Plasma 83290202520849 Panasonic Plasma TV, 50" M-16 Sheriffs Office Unknown Stadium lights, 24 Each, 1000W MH, 480 Volt M-17 Sheriffs Office Unknown Sewing Machine and Foam Pad M-18 Sheriffs Office Unknown Office Cabinets M-19 Sheriff's Office Unknown PH199-80 (21) K13060071 Gas Water Heater M-19 Sheriffs Office Unknown Model 5600 3736450-120513-000036 Water Softener M-20 Sheriff's Office Unknown M26K98FF 5 Ton NC unit M-21 Sheriffs Office Unknown Acorn Plumbing Manifolds and controls M-22 Sheriffs Office Unknown Chairs, 6 each M-23 Sheriff's Office Unknown Water Tank, 125 Gallon, for Transport M-24 Sheriff's Office Unknown Industrial Plus 93092307 Power Washer M-25 Sheriffs Office Unknown Troybuilt 1U45G90099 Toro Riding lawnmower M-26 Sheriff's Office Unknown Troybuilt 1A248G20266 Toro Riding lawnmower M-27 Sheriffs Office Unknown Cabinet M-28 Sheriffs Office Unknown Troybullt 1H212K10127 Power Washer M-29 Sheriffs Office Unknown Outdoor Trash Racks, Iron, 4 each M-30 Sheriff's Office Unknown Salt Tank, 200 Gallon with lid M-31 Sheriffs Office Unknown Trash Pump with 2" hose Small Cones Sheriffs Office Unknown Small Traffic Cones Large Cones Sheriffs Office Unknown Large Traffic Cones Wire Racks Sheriffs Office Unknown Wire Racks Shelving Sheriffs Office Unknown Metal Shelving Weed eater Sheriffs Office Unknown Troybuilt 1A111DD1335 Weed Eater 1 Weed eater Sheriff's Office Unknown Echo S73912012657 Weed Eater 2 Weed eater Sheriff's Office Unknown Echo S73112320876 Weed Eater 3 Gas Chainsaw Sheriff's Office Unknown McCulloch 18-162927 Gas Chainsaw Gas Chainsaw Sheriff's Office Unknown McCulloch None available Gas Chainsaw/ Not Electric Burnisher Sheriffs Office 13500 Unknown Honda None available Propane Burnisher Buffer Sheriff's Office 10261 Unknown Laser X 07189 Hi Speed Buffer U 87 1 Emergency Services 12248 Sony FD Mavica/MVC-FD97 Camera None 88 t·:-... ·1.· '.,t, Miscellaneous Items for A•.~.: uc,t. io . n Lot Asset/Tag •. Number Department Number · Y~ar Make Model Serial Number Item Description Transportation 8887 1992 S-20 120 Hydraulis Press Transportation n/a 2004 Stellar 1302E C04000382 Ulitity truck bed Transportation n/a 2002 Northern Tool North Star M157294N Power washer 89 1 Const. 5 n/a Power Pro DP600 n/a Battery Charger Does not work 1 Const. 5 n/a Wagan Tech 2412 m Battery Charger Does not work 1 Const. 5 n/a Wagan Tech 2412 n/a Battery Charger Does not work 1 Const. 5 n/a n/a Rack as is 1 Const. 5 n/a n/a Radio Radio Works 1 Const. 5 n/a n/a Car Seat asis 1 Const. 5 n/a n/a 2 each-Rifle Cases asis 90 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 payment to Austin Extreme Graphics for vehicle graphics for the Constable Pct. 5 Office in which no purchase order was issued as required per County Purchasing Policy. ITEM TYPE MEETING DATE AMOUNT REQUIRED CONSENT July 16, 2019 $644.13 LINE ITEM NUMBER 001-639-00.5413 AUDITOR USE ONLY AUDITOR COMMENTS: PURCHASING GUIDELINES FOLLOWED: NO AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO REQUESTED BY SPONSOR CO-SPONSOR Constable John Ellen JONES N/A SUMMARY The Constable received a transferred vehicle for a Deputy Constable in which graphics replacement was needed. Funds are available within the operating budget to cover this expenditure. 91 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 Treasurer's and Investment Reports for the first 6 months of FY 2019. ITEM TYPE MEETING DATE AMOUNT REQUIRED CONSENT July 16, 2019 N/A LINE ITEM NUMBER N/A AUDITOR USE ONLY AUDITOR COMMENTS: PURCHASING GUIDELINES FOLLOWED: AUDITOR REVIEW: REQUESTED BY SPONSOR CO-SPONSOR Britney Richey, Hays County Treasurer BECERRA N/A SUMMARY Approve the October 2018, November 2018, December 2018, January 2019, February 2019 and March 2019 Treasurer's Reports and Investment Reports 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 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 Juvenile Probation Department to add a telephone allowance effective August 1, 2019 for the Senior Juvenile Probation Officer, slot number 0957-002 and amend the budget accordingly. ITEM TYPE MEETING DATE AMOUNT REQUIRED CONSENT July 16, 2019 $90 LINE ITEM NUMBER 001-686-00.5194 AUDITOR USE ONLY AUDITOR COMMENTS: PURCHASING GUIDELINES FOLLOWED: AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO REQUESTED BY SPONSOR CO-SPONSOR Shelly Williams BECERRA N/A SUMMARY A stipend has been requested for the Sr. JPO via the Data Request/Justification Form. This position travels throughout the County on a routine basis. This provides safety and communication for officers while performing core duties in the field. Funds are available within the operating budget for this expense. Budget Amendment: Decrease Telephone Expense - .5489 Increase Telephone Allowance - .5194 122 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 County Judge to execute an amended Memorandum of Understanding (MOU) between the Hays County Local Health Department (LHD) and the Department of State Health Services (DSHS) for medications received through the Inventory Tracking Electronic Asset Management System (ITEAMS) platform. ITEM TYPE MEETING DATE AMOUNT REQUIRED CONSENT July 16, 2019 LINE ITEM NUMBER AUDITOR USE ONLY AUDITOR COMMENTS: PURCHASING GUIDELINES FOLLOWED: AUDITOR REVIEW: REQUESTED BY SPONSOR CO-SPONSOR T. CRUMLEY INGALSBE N/A SUMMARY The original MOU signed on June 18, 2019, provides the LHD with medications, at no cost to Hays County, for the outpatient treatment of sexually transmitted diseases (STD) and for tuberculosis (TB) services. DSHS has made a minor addition to the MOU which requires it to be resigned. The MOU allows the LHD to provide medication to uninsured or underinsured patients at no charge. 123 DEPARTMENT OF STATE HEALTH SERVICES MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding, (the “MOU”), is entered into by and between the Department of State Health Services (“DSHS”), an agency of the State of Texas, and the Hays County Health Department (“Clinic”), (collectively, the “Parties”), in the effort to set out the roles and responsibilities between the Parties regarding medications available through the DSHS Inventory Tracking Electronic Asset Management System (ITEAMS) platform to treat and control the spread of infectious disease across Texas to achieve improved public health outcomes. RECITALS WHEREAS, DSHS purchases medications with state and federal funds allocated to DSHS for specific public health purposes, and are to be administered or dispensed in compliance with federal program regulations; WHEREAS, the Clinic obtains medications through the ITEAMS platform for the outpatient treatment of sexually transmitted diseases (STD) or for tuberculosis (TB) services; and WHEREAS, for the TB medications, this MOU only applies to local health departments and entities who are pre-authorized to order medications for TB services. NOW THEREFORE, in consideration of the mutual promises set forth herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows: A. The Clinic must ensure medications are used only for the treatment of STDs and TB; B. The Clinic must ensure STD medications are used only for uninsured or underinsured patients as defined by DSHS; 1. Underinsured definition: A patient who experiences any circumstance that might influence or restrict access to necessary preventive health care services or medication. These circumstances might include, but are not limited to, patients who are concerned about privacy to use their insurance or have a financial burden due to high deductibles or co-pays, any patient whose provider would not be able to provide timely treatment, or any partner of a contact identified through disease intervention specialist (DIS)/contact tracing. 124 2. It is the responsibility of the clinic to maintain documentation of the patients’ uninsured or underinsured status. 3. The Clinic must have a Class D Pharmacy license. Clinics without a Class D Pharmacy license are only permitted to order medications under a physician’s license for direct administration to patients onsite in the clinic and for patient-delivered partner therapy using single-dose oral medications for chlamydia and gonorrhea. i.e. azithromycin and cefixime. C. The Clinic must distribute medications at no charge to the patient; D. The Clinic must not seek third party reimbursement, including Medicaid reimbursement, for the medications that are provided at no cost to the clinic; E. The Clinic must ensure that medications are not sold or exchanged for profit to another individual or entity for any reason; F. The Clinic must have a designate staff member who oversees the ordering, provision, reconciliation, and reporting of medications obtained through the ITEAMS platform. Reconciliation of medications must occur monthly, as defined by the DSHS Pharmacy Branch; G. The Clinic must have manual or electronic tracking procedures to demonstrate that all ITEAMS medications administered or dispensed have been appropriately provided to an eligible patient of clinical services in an outpatient setting; H. The Clinic must maintain records containing information that would establish appropriate use of medications that can be requested and audited in an internal review at any time to ensure compliance. Records include, but are not limited to, billing records, medication tracking logs, and relevant patient records; I. The Clinic must ensure medications for the treatment of STDs comply with current policies and procedures outlined by the DSHS HIV/STD Program, which can be accessed at: https:// www.dshs.texas.gov/hivstd/policy/; and J. The Clinic must ensure medications for TB services must comply with current policies and procedures outlined by the DSHS Tuberculosis and Hansen’s Disease Branch in the Texas Tuberculosis Work Plan, which can be accessed at: https://www.dshs.texas.gov/idcu/disease/tb/policies/. I. Term of the MOU. This MOU begins upon the first date on which it has been executed by both Parties and ends on August 31, 2021. 125 II. Authority. DSHS enters into this MOU under the authority of Health and Safety Code, Chapter 1001. III. Amendments. Amendments to this MOU shall be in writing and signed by the Parties. IV. Termination of MOU. Either Department of State Health Services or Hays County Health Department may terminate this MOU with written notice thirty days prior to the date of termination. V. Confidentiality. Information exchanged pursuant to this MOU will be exchanged only in accordance to the attached DUA. VI. 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: Hays County Health Department Pharmacy Branch DSHS Medications Phone: (512) 776-7500 STD Nurse Consultant STD Nurse Pamela Mathie, MSN, RN Angela Zena Phone (512) 533-3118 Phone: (512) 393-5569 Email: [email protected] Email: [email protected] TB Contract Manager TB Nurse Ebony White Angela Zena Phone: (512) 776-2152 Phone: (512) 393-5569 Email: [email protected] Email: [email protected] Department of State Health Services Hays County Local Health Department PO Box 149347, MC 401-A Broadway Austin, TX 78714 San Marcos, TX 78666 VII. Entire Agreement. 126 The Parties acknowledge that this MOU, including the incorporated attachments, is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this MOU, other than as set forth in this MOU. 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 HAYS COUNTY SERVICES By:______By:______Ruben Becerra Imelda M. Garcia Hays County Judge Associate Commissioner Laboratory & Infectious Disease Services ______Date ______Date 127 HHS DATA USE AGREEMENT This Data Use Agreement (“DUA”), effective as of the date the Base Contract into which it is incorporated is signed (“Effective Date”), is entered into by and between a Texas Health and Human Services Enterprise agency (“HHS”), and the Contractor identified in the Base Contract, a political subdivision of the State of Texas (“CONTRACTOR. PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with CONTRACTOR, and describe CONTRACTOR’s rights and obligations with respect to the Confidential Information. 45 CFR 164.504(e)(1)-(3). This DUA also describes HHS’s remedies in the event of CONTRACTOR’s noncompliance with its obligations under this DUA. This DUA applies to both Business Associates and contractors who are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of HHS, its programs or clients as described in the Base Contract. As of the Effective Date of this DUA, if any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (42 U.S.C. §1320d, et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments, regulations and guidance issued thereafter; The Social Security Act, including Section 1137 (42 U.S.C. §§ 1320b-7), Title XVI of the Act; The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder; Internal Revenue Code, Title 26 of the United States Code and regulations and publications adopted under that code, including IRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 521; Texas Government Code, Ch. 552, and Texas Government Code §2054.1125. In addition, the following terms in this DUA are defined as follows: “Authorized Purpose” means the specific purpose or purposes described in the Statement of Work of the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. “Authorized User” means a Person: (1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret, or analyze Confidential Information pursuant to this DUA; 128 (2) For whom CONTRACTOR warrants and represents has a demonstrable need to create, receive, maintain, use, disclose or have access to the Confidential Information; and (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. “Confidential Information” means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to CONTRACTOR, or that CONTRACTOR may, for an Authorized Purpose, create, receive, maintain, use, disclose or have access to, that consists of or includes any or all of the following: (1) Client Information; (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information (herein “PHI”); (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521; (4) Federal Tax Information; (5) Individually Identifiable Health Information as related to HIPAA, Texas HIPAA and Personal Identifying Information under the Texas Identity Theft Enforcement and Protection Act; (6) Social Security Administration Data, including, without limitation, Medicaid information; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. “Legally Authorized Representative” of the Individual, as defined by Texas law, including as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(g)(1) (HIPAA); Tex. Occ. Code § 151.002(6); Tex. H. & S. Code §166.164; and Estates Code Ch. 752. CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION Obligations of CONTRACTOR CONTRACTOR agrees that: (A) CONTRACTOR will exercise reasonable care and no less than the same degree of care CONTRACTOR uses to protect its own confidential, proprietary and trade secret information to prevent any portion of the Confidential Information from being used in 129 a manner that is not expressly an Authorized Purpose under this DUA or as Required by Law. 45 CFR 164.502(b)(1); 45 CFR 164.514(d) (B) Except as Required by Law, CONTRACTOR will not disclose or allow access to any portion of the Confidential Information to any Person or other entity, other than Authorized User's Workforce or Subcontractors (as defined in 45 C.F.R. 160.103) of CONTRACTOR who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Event or Breach to CONTRACTOR's management, to carry out CONTRACTOR’s obligations in connection with the Authorized Purpose. HHS, at its election, may assist CONTRACTOR in training and education on specific or unique HHS processes, systems and/or requirements. CONTRACTOR will produce evidence of completed training to HHS upon request. 45 C.F.R. 164.308(a)(5)(i); Texas Health & Safety Code §181.101 (C) CONTRACTOR will establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. CONTRACTOR will maintain evidence of sanctions and produce it to HHS upon request.45 C.F.R. 164.308(a)(1)(ii)(C); 164.530(e); 164.410(b); 164.530(b)(1) (D) CONTRACTOR will not, except as otherwise permitted by this DUA, disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying either HHS or CONTRACTOR’s own legal counsel to determine whether CONTRACTOR should object to the disclosure or access and seek appropriate relief. CONTRACTOR will maintain an accounting of all such requests for disclosure and responses and provide such accounting to HHS within 48 hours of HHS’ request. 45 CFR 164.504(e)(2)(ii)(A) (E) CONTRACTOR will not attempt to re-identify or further identify Confidential Information or De-identified Information, or attempt to contact any Individuals whose records are contained in the Confidential Information, except for an Authorized Purpose, without express written authorization from HHS or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(i) and (ii) CONTRACTOR will not engage in prohibited marketing or sale of Confidential Information. 45 CFR 164.501, 164.508(a)(3) and (4); Texas Health & Safety Code Ch. 181.002 (F) CONTRACTOR will not permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information to carry out CONTRACTOR’s obligations in connection with the Authorized Purpose on behalf of CONTRACTOR, unless Subcontractor agrees to comply with all applicable laws, rules and regulations. 45 CFR 164.502(e)(1)(ii); 164.504(e)(1)(i) and (2). (G) CONTRACTOR is directly responsible for compliance with, and enforcement of, all conditions for creation, maintenance, use, disclosure, transmission and Destruction of 130 Confidential Information and the acts or omissions of Subcontractors as may be reasonably necessary to prevent unauthorized use. 45 CFR 164.504(e)(5); 42 CFR 431.300, et seq. (H) If CONTRACTOR maintains PHI in a Designated Record Set which is Confidential Information and subject to this Agreement, CONTRACTOR will make PHI available to HHS in a Designated Record Set upon request. CONTRACTOR will provide PHI to an Individual, or Legally Authorized Representative of the Individual who is requesting PHI in compliance with the requirements of the HIPAA Privacy Regulations. CONTRACTOR will release PHI in accordance with the HIPAA Privacy Regulations upon receipt of a valid written authorization. CONTRACTOR will make other Confidential Information in CONTRACTOR’s possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach of Unsecured PHI as defined in HIPAA. CONTRACTOR will maintain an accounting of all such disclosures and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.524and 164.504(e)(2)(ii)(E). (I) If PHI is subject to this Agreement, CONTRACTOR will make PHI as required by HIPAA available to HHS for review subsequent to CONTRACTOR’s incorporation of any amendments requested pursuant to HIPAA. 45 CFR 164.504(e)(2)(ii)(E) and (F). (J) If PHI is subject to this Agreement, CONTRACTOR will document and make available to HHS the PHI required to provide access, an accounting of disclosures or amendment in compliance with the requirements of the HIPAA Privacy Regulations. 45 CFR 164.504(e)(2)(ii)(G) and 164.528. (K) If CONTRACTOR receives a request for access, amendment or accounting of PHI from an individual with a right of access to information subject to this DUA, it will respond to such request in compliance with the HIPAA Privacy Regulations. CONTRACTOR will maintain an accounting of all responses to requests for access to or amendment of PHI and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2). (L) CONTRACTOR will provide, and will cause its Subcontractors and agents to provide, to HHS periodic written certifications of compliance with controls and provisions relating to information privacy, security and breach notification, including without limitation information related to data transfers and the handling and disposal of Confidential Information. 45 CFR 164.308; 164.530(c); 1 TAC 202. (M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may use PHI for the proper management and administration of CONTRACTOR or to carry out CONTRACTOR’s legal responsibilities. Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may disclose PHI for the proper management and administration of CONTRACTOR, or to carry out CONTRACTOR’s legal responsibilities, if: 45 CFR 164.504(e)(4)(A). 131 (1) Disclosure is Required by Law, provided that CONTRACTOR complies with Section 3.01(D); or (2) CONTRACTOR obtains reasonable assurances from the person or entity to which the information is disclosed that the person or entity will: (a) Maintain the confidentiality of the Confidential Information in accordance with this DUA; (b) Use or further disclose the information only as Required by Law or for the Authorized Purpose for which it was disclosed to the Person; and (c) Notify CONTRACTOR in accordance with Section 4.01 of any Event or Breach of Confidential Information of which the Person discovers or should have discovered with the exercise of reasonable diligence. 45 CFR 164.504(e)(4)(ii)(B). (N) Except as otherwise limited by this DUA, CONTRACTOR will, if required by law and requested by HHS, use commercially reasonable efforts to use PHI to provide data aggregation services to HHS, as that term is defined in the HIPAA, 45 C.F.R. §164.501 and permitted by HIPAA. 45 CFR 164.504(e)(2)(i)(B) (O) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its expense, send to HHS or Destroy, at HHS’s election and to the extent reasonably feasible and permissible by law, all Confidential Information received from HHS or created or maintained by CONTRACTOR or any of CONTRACTOR’s agents or Subcontractors on HHS's behalf if that data contains Confidential Information. CONTRACTOR will certify in writing to HHS that all the Confidential Information that has been created, received, maintained, used by or disclosed to CONTRACTOR, has been Destroyed or sent to HHS, and that CONTRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, HHS acknowledges and agrees that CONTRACTOR is not obligated to send to HHSC and/or Destroy any Confidential Information if federal law, state law, the Texas State Library and Archives Commission records retention schedule, and/or a litigation hold notice prohibit such delivery or Destruction. If such delivery or Destruction is not reasonably feasible, or is impermissible by law, CONTRACTOR will immediately notify HHS of the reasons such delivery or Destruction is not feasible, and agree to extend indefinitely the protections of this DUA to the Confidential Information and limit its further uses and disclosures to the purposes that make the return delivery or Destruction of the Confidential Information not feasible for as long as CONTRACTOR maintains such Confidential Information. 45 CFR 164.504(e)(2)(ii)(J) (P) CONTRACTOR will create, maintain, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such information or unauthorized uses. 45 CFR 164.306; 164.530(c) 132 (Q) If CONTRACTOR accesses, transmits, stores, and/or maintains Confidential Information, CONTRACTOR will complete and return to HHS at [email protected] the HHS information security and privacy initial inquiry (SPI) at Attachment 1 . The SPI identifies basic privacy and security controls with which CONTRACTOR must comply to protect HHS Confidential Information. CONTRACTOR will comply with periodic security controls compliance assessment and monitoring by HHS as required by state and federal law, based on the type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. CONTRACTOR's security controls will be based on the National Institute of Standards and Technology (NIST) Special Publication 800-53. CONTRACTOR will update its security controls assessment whenever there are significant changes in security controls for HHS Confidential Information and will provide the updated document to HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. 45 CFR 164.306. (R) CONTRACTOR will establish, implement and maintain reasonable procedural, administrative, physical and technical safeguards to preserve and maintain the confidentiality, integrity, and availability of the Confidential Information, and with respect to PHI, as described in the HIPAA Privacy and Security Regulations, or other applicable laws or regulations relating to Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as long as CONTRACTOR has such Confidential Information in its actual or constructive possession. 45 CFR 164.308 (administrative safeguards); 164.310 (physical safeguards); 164.312 (technical safeguards); 164.530(c)(privacy safeguards). (S) CONTRACTOR will designate and identify, a Person or Persons, as Privacy Official 45 CFR 164.530(a)(1) and Information Security Official, each of whom is authorized to act on behalf of CONTRACTOR and is responsible for the development and implementation of the privacy and security requirements in this DUA. CONTRACTOR will provide name and current address, phone number and e-mail address for such designated officials to HHS upon execution of this DUA and prior to any change. If such persons fail to develop and implement the requirements of the DUA, CONTRACTOR will replace them upon HHS request. 45 CFR 164.308(a)(2). (T) CONTRACTOR represents and warrants that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose pursuant to this DUA and the Base Contract, and further, that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. 45 CFR 164.502; 164.514(d). (U) CONTRACTOR and its Subcontractors will maintain an updated, complete, accurate and numbered list of Authorized Users, their signatures, titles and the date they agreed to be bound by the terms of this DUA, at all times and supply it to HHS, as directed, upon request. 133 (V) CONTRACTOR will implement, update as necessary, and document reasonable and appropriate policies and procedures for privacy, security and Breach of Confidential Information and an incident response plan for an Event or Breach, to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the Statement of Work. 45 CFR 164.308; 164.316; 164.514(d); 164.530(i)(1). (W) CONTRACTOR will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential Information received from, created by, or received, used or disclosed by CONTRACTOR for an Authorized Purpose for HHS’s review and approval within 30 days of execution of this DUA and upon request by HHS the following business day or other agreed upon time frame. 45 CFR 164.308; 164.514(d). (X) CONTRACTOR will make available to HHS any information HHS requires to fulfill HHS's obligations to provide access to, or copies of, PHI in accordance with HIPAA and other applicable laws and regulations relating to Confidential Information. CONTRACTOR will provide such information in a time and manner reasonably agreed upon or as designated by the Secretary of the U.S. Department of Health and Human Services, or other federal or state law. 45 CFR 164.504(e)(2)(i)(I). (Y) CONTRACTOR will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form, in accordance with applicable rules, regulations and laws. A secure transmission of electronic Confidential Information in motion includes, but is not limited to, Secure File Transfer Protocol (SFTP) or Encryption at an appropriate level. If required by rule, regulation or law, HHS Confidential Information at rest requires Encryption unless there is other adequate administrative, technical, and physical security. All electronic data transfer and communications of Confidential Information will be through secure systems. Proof of system, media or device security and/or Encryption must be produced to HHS no later than 48 hours after HHS's written request in response to a compliance investigation, audit or the Discovery of an Event or Breach. Otherwise, requested production of such proof will be made as agreed upon by the parties. De-identification of HHS Confidential Information is a means of security. With respect to de-identification of PHI, "secure" means de-identified according to HIPAA Privacy standards and regulatory guidance. 45 CFR 164.312; 164.530(d). (Z) For each type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses, has access to or transmits in the performance of the Statement of Work, CONTRACTOR will comply with the following laws rules and regulations, only to the extent applicable and required by law: Title 1, Part 10, Chapter 202, Subchapter B, Texas Administrative Code; The Privacy Act of 1974; OMB Memorandum 07-16; 134 The Federal Information Security Management Act of 2002 (FISMA); The Health Insurance Portability and Accountability Act of 1996 (HIPAA) as defined in the DUA; Internal Revenue Publication 1075 – Tax Information Security Guidelines for Federal, State and Local Agencies; National Institute of Standards and Technology (NIST) Special Publication 800-66 Revision 1 – An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; NIST Special Publications 800-53 and 800-53A – Recommended Security Controls for Federal Information Systems and Organizations, as currently revised; NIST Special Publication 800-47 – Security Guide for Interconnecting Information Technology Systems; NIST Special Publication 800-88, Guidelines for Media Sanitization; NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI; and Any other State or Federal law, regulation, or administrative rule relating to the specific HHS program area that CONTRACTOR supports on behalf of HHS. (AA) Notwithstanding anything to the contrary herein, CONTRACTOR will treat any Personal Identifying Information it creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with Texas Business and Commerce Code, Chapter 521 and other applicable regulatory standards identified in Section 3.01(Z), and Individually Identifiable Health Information CONTRACTOR creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with HIPAA and other applicable regulatory standards identified in Section 3.01(Z). BREACH NOTICE, REPORTING AND CORRECTION REQUIREMENTS Breach or Event Notification to HHS. 45 CFR 164.400-414. (A) CONTRACTOR will cooperate fully with HHS in investigating, mitigating to the extent practicable and issuing notifications directed by HHS, for any Event or Breach of Confidential Information to the extent and in the manner determined by HHS. 135 (B) CONTRACTOR’S obligation begins at the Discovery of an Event or Breach and continues as long as related activity continues, until all effects of the Event are mitigated to HHS’s reasonable satisfaction (the "incident response period"). 45 CFR 164.404. (C) Breach Notice: (1) Initial Notice. (a) For federal information, including without limitation, Federal Tax Information, Social Security Administration Data, and Medicaid Client Information, within the first, consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours after Discovery, or in a timeframe otherwise approved by HHS in writing, initially report to HHS's Privacy and Security Officers via email at: [email protected] and to the HHS division responsible for this DUA; and IRS Publication 1075; Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a; OMB Memorandum 07-16 as cited in HHSC-CMS Contracts for information exchange. (b) Report all information reasonably available to CONTRACTOR about the Event or Breach of the privacy or security of Confidential Information. 45 CFR 164.410. (c) Name, and provide contact information to HHS for, CONTRACTOR's single point of contact who will communicate with HHS both on and off business hours during the incident response period. (2) Formal Notice. No later than two business days after the Initial Notice above, provide formal notification to [email protected] and to the HHS division responsible for this DUA, including all reasonably available information about the Event or Breach, and CONTRACTOR's investigation, including without limitation and to the extent available: For (a) - (m) below: 45 CFR 164.400-414. (a) The date the Event or Breach occurred; (b) The date of CONTRACTOR's and, if applicable, Subcontractor's Discovery; (c) A brief description of the Event or Breach; including how it occurred and who is responsible (or hypotheses, if not yet determined); (d) A brief description of CONTRACTOR's investigation and the status of the investigation; (e) A description of the types and amount of Confidential Information involved; 136 (f) Identification of and number of all Individuals reasonably believed to be affected, including first and last name of the Individual and if applicable the, Legally Authorized Representative, last known address, age, telephone number, and email address if it is a preferred contact method, to the extent known or can be reasonably determined by CONTRACTOR at that time; (g) CONTRACTOR’s initial risk assessment of the Event or Breach demonstrating whether individual or other notices are required by applicable law or this DUA for HHS approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply; (h) CONTRACTOR's recommendation for HHS’s approval as to the steps Individuals and/or CONTRACTOR on behalf of Individuals, should take to protect the Individuals from potential harm, including without limitation CONTRACTOR’s provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally Authorized Representative to take on behalf of an Individual with special capacity or circumstances; (i) The steps CONTRACTOR has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); (j) The steps CONTRACTOR has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar Event or Breach; (k) Identify, describe or estimate the Persons, Workforce, Subcontractor, or Individuals and any law enforcement that may be involved in the Event or Breach; (l) A reasonable schedule for CONTRACTOR to provide regular updates during normal business hours to the foregoing in the future for response to the Event or Breach, but no less than every three (3) business days or as otherwise directed by HHS, including information about risk estimations, reporting, notification, if any, mitigation, corrective action, root cause analysis and when such activities are expected to be completed; and (m) Any reasonably available, pertinent information, documents or reports related to an Event or Breach that HHS requests following Discovery. Investigation, Response and Mitigation. 45 CFR 164.308, 310 and 312; 164.530 (A) CONTRACTOR will immediately conduct a full and complete investigation, respond to the Event or Breach, commit necessary and appropriate staff and resources to 137 expeditiously respond, and report as required to and by HHS for incident response purposes and for purposes of HHS’s compliance with report and notification requirements, to the reasonable satisfaction of HHS. (B) CONTRACTOR will complete or participate in a risk assessment as directed by HHS following an Event or Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval. (C) CONTRACTOR will fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, Persons and/or Individuals about the Event or Breach. (D) CONTRACTOR will fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Event or Breach, or to recover or protect any Confidential Information, including complying with reasonable corrective action or measures, as specified by HHS in a Corrective Action Plan if directed by HHS under the Base Contract. Breach Notification to Individuals and Reporting to Authorities. Tex. Bus. & Comm. Code §521.053; 45 CFR 164.404 (Individuals), 164.406 (Media); 164.408 (Authorities) (A) HHS may direct CONTRACTOR to provide Breach notification to Individuals, regulators or third-parties, as specified by HHS following a Breach. (B) CONTRACTOR shall give HHS an opportunity to review and provide feedback to CONTRACTOR and to confirm that CONTRACTOR's notice meets all regulatory requirements regarding the time, manner and content of any notification to Individuals, regulators or third-parties, or any notice required by other state or federal authorities. HHS shall have ten (10) business days to provide said feedback to CONTRACTOR. Notice letters will be in CONTRACTOR's name and on CONTRACTOR's letterhead, unless otherwise directed by HHS, and will contain contact information, including the name and title of CONTRACTOR's representative, an email address and a toll-free telephone number, if required by applicable law, rule, or regulation, for the Individual to obtain additional information. (C) CONTRACTOR will provide HHS with copies of distributed and approved communications. (D) CONTRACTOR will have the burden of demonstrating to the reasonable satisfaction of HHS that any notification required by HHS was timely made. If there are delays outside of CONTRACTOR's control, CONTRACTOR will provide written documentation of the reasons for the delay. (E) If HHS delegates notice requirements to CONTRACTOR, HHS shall, in the time and manner reasonably requested by CONTRACTOR, cooperate and assist with CONTRACTOR’s information requests in order to make such notifications and reports. 138 STATEMENT OF WORK “Statement of Work” means the services and deliverables to be performed or provided by CONTRACTOR, or on behalf of CONTRACTOR by its Subcontractors or agents for HHS that are described in detail in the Base Contract. The Statement of Work, including any future amendments thereto, is incorporated by reference in this DUA as if set out word-for-word herein. GENERAL PROVISIONS Oversight of Confidential Information CONTRACTOR acknowledges and agrees that HHS is entitled to oversee and monitor CONTRACTOR's access to and creation, receipt, maintenance, use, disclosure of the Confidential Information to confirm that CONTRACTOR is in compliance with this DUA. HHS Commitment and Obligations HHS will not request CONTRACTOR to create, maintain, transmit, use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS. HHS Right to Inspection At any time upon reasonable notice to CONTRACTOR, or if HHS determines that CONTRACTOR has violated this DUA, HHS, directly or through its agent, will have the right to inspect the facilities, systems, books and records of CONTRACTOR to monitor compliance with this DUA. For purposes of this subsection, HHS’s agent(s) include, without limitation, the HHS Office of the Inspector General or the Office of the Attorney General of Texas, outside consultants or legal counsel or other designee. Term; Termination of DUA; Survival This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will terminate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended or amended, this DUA shall be extended or amended concurrent with such extension or amendment. (A) HHS may immediately terminate this DUA and Base Contract upon a material violation of this DUA. (B) Termination or Expiration of this DUA will not relieve CONTRACTOR of its obligation to return or Destroy the Confidential Information as set forth in this DUA and to continue to safeguard the Confidential Information until such time as determined by HHS. (C) If HHS determines that CONTRACTOR has violated a material term of this DUA; HHS may in its sole discretion: 139 (1) Exercise any of its rights including but not limited to reports, access and inspection under this DUA and/or the Base Contract; or (2) Require CONTRACTOR to submit to a Corrective Action Plan, including a plan for monitoring and plan for reporting, as HHS may determine necessary to maintain compliance with this DUA; or (3) Provide CONTRACTOR with a reasonable period to cure the violation as determined by HHS; or (4) Terminate the DUA and Base Contract immediately, and seek relief in a court of competent jurisdiction in Texas. Before exercising any of these options, HHS will provide written notice to CONTRACTOR describing the violation, the requested corrective action CONTRACTOR may take to cure the alleged violation, and the action HHS intends to take if the alleged violated is not timely cured by CONTRACTOR. (D) If neither termination nor cure is feasible, HHS shall report the violation to the Secretary of the U.S. Department of Health and Human Services. (E) The duties of CONTRACTOR or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to HHS, as required by this DUA. Governing Law, Venue and Litigation (A) The validity, construction and performance of this DUA and the legal relations among the Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas. (B) The Parties agree that the courts of Texas, will be the exclusive venue for any litigation, special proceeding or other proceeding as between the parties that may be brought, or arise out of, or in connection with, or by reason of this DUA. Injunctive Relief (A) CONTRACTOR acknowledges and agrees that HHS may suffer irreparable injury if CONTRACTOR or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. (B) CONTRACTOR further agrees that monetary damages may be inadequate to compensate HHS for CONTRACTOR's or its Subcontractor's failure to comply. Accordingly, CONTRACTOR agrees that HHS will, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this DUA. 140 Responsibility. To the extent permitted by the Texas Constitution, laws and rules, and without waiving any immunities or defenses available to CONTRACTOR as a governmental entity, CONTRACTOR shall be solely responsible for its own acts and omissions and the acts and omissions of its employees, directors, officers, Subcontractors and agents. HHS shall be solely responsible for its own acts and omissions. 6.08 Insurance (A) As a governmental entity, and in accordance with the limits of the Texas Tort Claims Act, Chapter 101 of the Texas Civil Practice and Remedies Code, CONTRACTOR either maintains commercial insurance or self-insures with policy limits in an amount sufficient to cover CONTRACTOR's liability arising under this DUA. CONTRACTOR will request that HHS be named as an additional insured. HHSC reserves the right to consider alternative means for CONTRACTOR to satisfy CONTRACTOR's financial responsibility under this DUA. Nothing herein shall relieve CONTRACTOR of its financial obligations set forth in this DUA if CONTRACTOR fails to maintain insurance. (B) CONTRACTOR will provide HHS with written proof that required insurance coverage is in effect, at the request of HHS. Fees and Costs Except as otherwise specified in this DUA or the Base Contract, if any legal action or other proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract violation, Event, Breach, default, misrepresentation, or injunctive action, in connection with any of the provisions of this DUA, each party will bear their own legal expenses and the other cost incurred in that action or proceeding. Entirety of the Contract This DUA is incorporated by reference into the Base Contract as an amendment thereto and, together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. If any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. Automatic Amendment and Interpretation If there is (i) a change in any law, regulation or rule, state or federal, applicable to HIPPA and/or Confidential Information, or (ii) any change in the judicial or administrative interpretation of any such law, regulation or rule,, upon the effective date of such change, this DUA shall be deemed to have been automatically amended, interpreted and read so that the obligations imposed on HHS and/or CONTRACTOR remain in compliance with such changes. Any ambiguity in this DUA will 141 be resolved in favor of a meaning that permits HHS and CONTRACTOR to comply with HIPAA or any other law applicable to Confidential Information. 142 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 Hold a public hearing with possible action to establish a 4-way stop on Trinity Hills Drive at the intersection with Littleton Drive and Belterra Village Way in Belterra subdivision to help with pedestrian and bike traffic crossing the road. ITEM TYPE MEETING DATE AMOUNT REQUIRED ACTION-ROADS July 16, 2019 LINE ITEM NUMBER AUDITOR USE ONLY AUDITOR COMMENTS: PURCHASING GUIDELINES FOLLOWED: AUDITOR REVIEW: REQUESTED BY SPONSOR CO-SPONSOR Jerry Borcherding SMITH N/A SUMMARY This action would allow for the installation of 2 new stop signs on Trinity Hills Drive at the intersection with Littleton Drive and Belterra Village Way to accommodate pedestrian and bike traffic as they cross Trinity Hills Drive from residential areas to visit the shops. 143 Untitled Map Legend Write a description for your map. ➤ N 144 © 2018 Google 800 ft © 2018 Google 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 call for a public hearing on July 30, 2019 to establish a "No Dumping" zone on Satterwhite Road from the intersection with Williamson Road to just beyond the 90 degree curve on both sides of the road. ITEM TYPE MEETING DATE AMOUNT REQUIRED ACTION-ROADS July 16, 2019 LINE ITEM NUMBER AUDITOR USE ONLY AUDITOR COMMENTS: PURCHASING GUIDELINES FOLLOWED: AUDITOR REVIEW: REQUESTED BY SPONSOR CO-SPONSOR Jerry Borcherding JONES N/A SUMMARY This action would help to enforce no dumping along Satterwhite Road from Williamson Road to just beyond the 90 degree curve on both sides of the road, a frequent location that is used for the dumping of household trash, appliances, etc. 145 53 Page:71 54 55 106 ABCDTravis County NG Hay 01 s County GRAEF ROAD NG ESTATES RD R E E ICH L L L N I V Soil Conservation TRIPLE R RANCHETTES RS Service Site 10 NE 5 Reservoir UR 5 T 6 S SATTERWHITE RD SATTERWHITE RD C O U N 107 S T ATTE R Y R EFGW H F H OL ITE TER D R K R D S k E L Proposede "No Dumping" zone locations: L L e I N r V S C R E > Williamson y Road N h R s U u T r S > SatterwhiteB Road L R 72 T K K 70 ROO WOODBROOK 212 NG MEYERS RD BRUSHY T CREEK S N N O ER LD A C D D R 1 LA R N E 0 E E S IT 0 L ILL Soil H 2 I N J K L V S Conservation Service W R M R E E F Site 11 Reservoir N TT R A TU S S D R 107 L N L I L S H A D D R TT Y D 5 R E I D S T R B L S 5 W N L Y I K I A H H J 8 I C E T H W D T V G U R E R A L I A C N B B R L I IL L G D S S IN T B B L K S LVD R HOWARD LN O R C E E O R D M T B T IR SHADOW D N A D U CREEK H ROLLING HILLS ESTATES R R L L N I L A PRAIRIE CIR U S R K U Q A Q I L N O U S DR A D OLLING HILL IL UA E R H L Q STRAL RD T S 2001 I W Soil Conservation T 120 N Service Site 12 Q U U R Reservoir D A L NG R M I N O P N O M S A M TH IA I L A IL 31 S L W D N R H C 123 N NIEDERWALD A R FM 2001 NI G D M ED E R A E E H H R R R T T W H R IN A T O L THREE G F C 121 D H O U S RANCH AND G R TR E T CATTLE N S C D A D N K H S C R EW E S AR P T E G S 5 M E L MEADOW A B 6 PALOMINO N A VISTA B G 0 ACRES B LV IG D S 157 A N Barron Lake M D A Y L T D P H R 0 1,000 2,000 4,000 Aug 10, 2010 87 88 1:24000 89 Feet Page:71 Miles 0 0.5 1 146 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 call for a public hearing on July 30, 2019 to establish a "No Dumping" zone on Williamson Road from the intersection with FM 2001 to Satterwhite Road on both sides of the road. ITEM TYPE MEETING DATE AMOUNT REQUIRED ACTION-ROADS July 16, 2019 LINE ITEM NUMBER AUDITOR USE ONLY AUDITOR COMMENTS: PURCHASING GUIDELINES FOLLOWED: AUDITOR REVIEW: REQUESTED BY SPONSOR CO-SPONSOR Jerry Borcherding JONES N/A SUMMARY This action would help to enforce no dumping along Williamson Road from FM 2001 to Satterwhite Road, a frequent location that is used for the dumping of household trash, appliances, etc. 147 53 Page:71 54 55 106 ABCDTravis County NG Hay 01 s County GRAEF ROAD NG ESTATES RD R E E ICH L L L N I V Soil Conservation TRIPLE R RANCHETTES RS Service Site 10 NE 5 Reservoir UR 5 T 6 S SATTERWHITE RD SATTERWHITE RD C O U N 107 S T ATTE R Y R EFGW H F H OL ITE TER D R K R D S k E L Proposede "No Dumping" zone locations: L L e I N r V S C R E > Williamson y Road N h R s U u T r S > SatterwhiteB Road L R 72 T K K 70 ROO WOODBROOK 212 NG MEYERS RD BRUSHY T CREEK S N N O ER LD A C D D R 1 LA R N E 0 E E S IT 0 L ILL Soil H 2 I N J K L V S Conservation Service W R M R E E F Site 11 Reservoir N TT R A TU S S D R 107 L N L I L S H A D D R TT Y D 5 R E I D S T R B L S 5 W N L Y I K I A H H J 8 I C E T H W D T V G U R E R A L I A C N B B R L I IL L G D S S IN T B B L K S LVD R HOWARD LN O R C E E O R D M T B T IR SHADOW D N A D U CREEK H ROLLING HILLS ESTATES R R L L N I L A PRAIRIE CIR U S R K U Q A Q I L N O U S DR A D OLLING HILL IL UA E R H L Q STRAL RD T S 2001 I W Soil Conservation T 120 N Service Site 12 Q U U R Reservoir D A L NG R M I N O P N O M S A M TH IA I L A IL 31 S L W D N R H C 123 N NIEDERWALD A R FM 2001 NI G D M ED E R A E E H H R R R T T W H R IN A T O L THREE G F C 121 D H O U S RANCH AND G R TR E T CATTLE N S C D A D N K H S C R EW E S AR P T E G S 5 M E L MEADOW A B 6 PALOMINO N A VISTA B G 0 ACRES B LV IG D S 157 A N Barron Lake M D A Y L T D P H R 0 1,000 2,000 4,000 Aug 10, 2010 87 88 1:24000 89 Feet Page:71 Miles 0 0.5 1 148 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 County Judge to execute Professional Service Agreements with Cobb-Fendley & Associates, Inc. for utility coordination related to Low Water Crossings in Pct. 1 and Pct. 2 as authorized per the 2016 Road Bond Program and amend the budget accordingly. ITEM TYPE MEETING DATE AMOUNT REQUIRED ACTION-ROADS July 16, 2019 $149,670 LINE ITEM NUMBER 2016 Road Bond Fund 034 AUDITOR USE ONLY AUDITOR COMMENTS: PURCHASING GUIDELINES FOLLOWED: YES AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO REQUESTED BY SPONSOR CO-SPONSOR Jerry H. Borcherding JONES INGALSBE SUMMARY This contract will provide Utility Coordination, Subsurface Utility Engineering and Utility Relocation Observation for low water crossings as follows: $30,550 - Bunton Lane at Bunton Branch Creek $26,130 - Cotton Gin at Porter Creek $34,220 - Francis Harris Lane at York Creek $28,270 - Grist Mill Road at Plum Creek $30,500 - Turnersville Road at an unnamed creek crossing Attachments: Professional Service Agreements 149 PROFESSIONAL SERVICES AGREEMENT HAYS COUNTY, TEXAS HAYS COUNTY, a political subdivision of the State of Texas (hereinafter the “County”) with administrative offices at 111 E. San Antonio, Suite 300, San Marcos, Texas 78666, and Cobb, Fendley & Associates, Inc. hereinafter “Contractor”), whose primary place of business is located at 505 E. Huntland Drive, Suite 100, Austin, Texas 78752, hereby enter into this Professional Services Agreement (hereinafter “Agreement”) effective the ___ day of ______, 20__ (hereinafter “Effective Date”). The County and Contractor (collectively “the parties to this Agreement” or “the parties”) agree as follows: 1. OVERVIEW Utility Coordination, Subsurface Utility Engineering and Utility Relocation Observation for Bunton Lane at Bunton Branch Creek. 2. SERVICES Contractor agrees to perform services for the County in accordance with the County’s instructions and, in particular, the instructions of Jerry Borcherding P.E., County Transportation Director and/or legal counsel for the Hays County Commissioners Court; and in conformance with the descriptions, definitions, terms, and conditions of this Agreement. The Scope of Services shall be limited to those services and terms attached hereto as Exhibit “A”, and any subsections of Exhibit “A”, if as and when they are attached hereto and signed by the parties (collectively “the Work”). If the parties to this Agreement amend the Work required under this Agreement (by adding or removing specific services and/or terms enumerated in Exhibits “A” and/or “C”), the Compensation cited in Section 5 of this Agreement may also be amended to conform with the change in Scope of Services, as agreed by the parties. 3. ADDITIONAL TERMS Additional Terms and Obligations of the parties to this Agreement, if any, are stated in Exhibit “C”, attached hereto. 4. DURATION The parties agree that the Work shall be completed 03/01/2020 ( 300 ) days after commencement date. (hereinafter the “Completion Date”). In the event that Contractor is unable to complete the Work by the Completion Date, Contractor shall request an extension of the Completion Date in writing no later than fifteen (15) business days prior to the Completion Date. The County may grant extensions of the Completion Date for all reasonable extension requests and shall do so in writing. 5. COMPENSATION Contractor will be compensated for the Work on an hourly-charge basis, the terms of which are cited in Contractors rate schedule, which is attached hereto as Exhibit “B.” Despite any reference to Contractors rate schedule, which shall be used to calculate monthly invoice amounts under this Agreement or a change in the Scope of Services (i.e. 150 Amendment), the parties agree that the County shall pay Contractor a total fee not to exceed Thirty Thousand, Five-Hundred and Fifty dollars ($ 30,550 USD) for the Work under this Agreement. 6. PAYMENT Contractor shall invoice the County for the Work performed under this Agreement on a monthly basis, beginning at the end of the first full month following the Effective Date. The County agrees to promptly pay all invoices in accordance with Texas Government Code Chapter 2251 and by sending payment to Contractor’s address stated in Section 8, below. 7. NOTICE OF COMPLETION Upon completion of the Work, Contractor shall send a Notice of Completion to the County in writing, and the County shall have the option to inspect the Work (or the product thereof) before it is considered complete under this Agreement. If the County is satisfied that the Work under this Agreement is complete, the County shall send Contractor an Acceptance of Completion in writing. If, after inspection, the County does not agree that the Work is complete or believes that the Work is of deficient quality, the County shall send Contractor a Deficiency Letter, stating the specific aspects of the Work that are incomplete and/or deficient. If, after ten (10) business days from the County’s receipt of Contractor’s Notice of Completion, the County does not send Contractor either an Acceptance of Completion or a Deficiency Letter, the Work under this Agreement shall be considered complete. 8. NOTICE (GENERAL) All notices issued by Contractor under or regarding this Agreement shall be provided in writing to the County at: Hays County, Attn: County Judge, 111 E. San Antonio, Suite 300, San Marcos, Texas 78666; < [email protected]>. All notices issued by the County under or regarding this Agreement shall be provided in writing to Contractor at its primary place of business. Notices from one party to another under this Section may be made by U.S. Mail, parcel post, Facsimile, or Electronic Mail, sent to the designated contact at any of the designated addresses cited above. 9. INSURANCE Contractor agrees that, during the performance of all terms and conditions of this Agreement, from the Effective Date until the County’s acceptance of Contractor’s Notice of Completion or until this Agreement is otherwise considered completed as a matter of law, Contractor shall, at its sole expense, provide and maintain Commercial General Liability insurance that meets or exceeds the industry standard for professional services providers in Contractor’s field of employment and for the type of services that are being performed by Contractor under this Agreement. Such insurance coverage shall specifically name the COUNTY as co-insured. This insurance coverage shall cover all perils arising from the activities of Contractor, its officers, directors, employees, agents or sub-contractors, relative to this Agreement. Contractor shall be responsible for any deductibles stated in the policy. A copy of the current Certificate of Liability Insurance is 151 attached hereto as Exhibit “D”. A true copy of each new Certificate of Liability Insurance shall be provided to the COUNTY within seven (7) of the new policy date at the following address: Office of General County, Hays County Courthouse, 110 East San Antonio, Suite 202, San Marcos, Texas 78666. So long as this Agreement is in effect, Contractor shall not cause such insurance to be canceled nor permit such insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be canceled, reduced, restricted or otherwise limited until thirty (30) days after the COUNTY has received written notice as evidenced by a return receipt of registered or certified mail (10 days’ notice for cancellation due to non-payment of premium). 10. MUTUAL INDEMNITY Contractor agrees, to the fullest extent permitted by law, to indemnify and hold harmless the County, its officers, directors and employees against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by Contractor’s negligent performance of the Work under this Agreement and that of its subcontractors or anyone for whom the Consultant is responsible or legally liable. The County agrees, to the fullest extent permitted by law, to indemnify and hold harmless Contractor, its officers, directors, employees and subcontractors against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the County's negligent acts in connection with this Agreement. Neither the County nor Contractor shall be obligated to indemnify the other party in any manner whatsoever for the other party's negligence. 11. COMPLIANCE WITH LAWS Each party agrees to comply with all laws, regulations, rules, and ordinances applicable to this Agreement and/or applicable to the parties performing the terms and conditions of this Agreement. 12. SURVIVAL Notwithstanding any termination of this Agreement, the following Sections, and the terms and conditions contained therein, shall remain in effect: 3, 5, 8, 10, 12, 14, 15, 16, 17, 18, 20, 21 and 22. 13. FORCE MAJEURE Either of the parties to this Agreement shall be excused from any delays and/or failures in the performance of the terms and conditions of this agreement, to the extent that such delays and/or failures result from causes beyond the delaying/failing party’s reasonable control, including but not limited to Acts of God, Forces of Nature, Civil Riot or Unrest, and Governmental Action that was unforeseeable by all parties at the time of the execution of this Agreement. Any delaying/failing party shall, with all reasonable diligence, attempt to remedy the cause of delay and/or failure and shall recommence all remaining duties under this Agreement within a reasonable time of such remedy. 152 14. SEVERABILITY If any Section or provision of this Agreement is held to be invalid or void, the other Sections and provisions of this Agreement shall remain in full force and effect to the greatest extent as is possible, and all remaining Sections or provisions of this Agreement shall be construed so that they are as consistent with the parties’ intents as possible. 15. MULTIPLE COUNTERPARTS This Agreement may be executed in several counterparts, all of which taken together shall constitute one single Agreement between the parties. 16. SECTION HEADINGS, EXHIBITS The Section and Subsection headings of this Agreement, as well as Section 1, Entitled “Overview,” shall not enter in the interpretation of the terms and conditions contained herein, as those portions of the Agreement are included merely for organization and ease of review. The Exhibit(s) that may be referred to herein and may be attached hereto, are incorporated herein to the same extent as if fully set forth herein. 17. WAIVER BY PARTY Unless otherwise provided in writing by the waiving party, a waiver by either of the parties to this Agreement of any covenant, term, condition, agreement, right, or duty that arises under this Agreement shall be considered a one-time waiver and shall not be construed to be a waiver of any succeeding breach thereof or any other covenant, term, condition, agreement, right, or duty that arises under this Agreement. 18. GOVERNING LAW AND VENUE THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. Any lawsuit, claim, or action, whether in law or in equity, arising from this Agreement will be brought in Hays County, Texas. 19. ASSIGNMENT Neither party to this Agreement may assign it duties, interests, rights, benefits and/or obligations under this Agreement, in whole or in part, without the other party’s prior written consent thereto. 20. BINDING EFFECT Subject to any provisions hereof restricting assignment, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors, permitted assigns, heirs, executors, and/or administrators. 21. ENTIRE AGREEMENT; AMENDMENT This Agreement (including any and all Exhibits attached hereto) constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. Any amendments to this Agreement must be made in writing and signed by the parties to this Agreement prior to the performance of any terms or conditions contained in said amendments. 153 22. WORK PRODUCT Any and all product, whether in the form of calculations, letters, findings, opinions, or the like, shall be the property of Hays County during and after performance of the Work. Contractor shall have a right to retain a copy of all Work product for record-keeping purposes. 23. TERMINATION BY COUNTY This Agreement may be terminated by Hays County, for any reason whatsoever, by providing thirty (30) days written notice to Contractor. Any approved services provided under this Agreement up to the date of termination may be invoiced by Contractor after the termination date, and payment of said invoice shall not be unreasonably withheld by the County. Signatures by the parties to this Professional Services Agreement follow on the next page. 154 IN WITNESS WHEREOF, the undersigned have duly executed and delivered this Professional Services Agreement, and hereby declare that THEY HAVE READ AND DO UNDERSTAND AND AGREE TO EACH AND EVERY TERM, CONDITION, AND COVENANT CONTAINED IN THIS AGREEMENT AND IN ANY DOCUMENT INCORPORATED BY REFERENCE. ______Hays County, Texas Cobb, Fendley & Associates, Inc. By: Ruben Becerra By: _Sandra G. Khoury, P.E.____ Hays County Judge _ Vice President ______ 155 EXHIBIT A-1 Scope of Work 156 SCOPE OF SERVICES Hays County Bunton Lane at Bunton Branch Creek UTILITY COORDINATION SERVICES 1.0 Utility Coordination Utility adjustment coordination includes utility coordination meetings with individual utility companies, communication and coordination with utilities, conflict assessment and analysis, and preparation of utility agreements, including reimbursable and non-reimbursable. All utility coordination activities will be in accordance with Hays County Guidelines. There are five (5) Utilities anticipated along the project corridor, including Spectrum (formerly Time Warner Cable), Frontier Communications, Alliance Water, Pedernales Electric Cooperative Inc. and Enterprise Products. Utility adjustment coordination includes utility relocation verification, status reports and site visits. 1.1 50% Design Phase: 1. Develop Utility Contact List. CobbFendley establish contact with existing Utility Companies within and adjacent to the Project and create a utility contact list. This list will be maintained throughout the project. 2. Initial Project Notification Letters. CobbFendley will prepare and mail written notification letters to all known Utility Owners within and adjacent to the project site. A CD and/or USB will be included with the letter containing milestone design plan sheets (*.pdf and *.dgn format). 3. As-builts/Records Research. CobbFendley shall contact all known utility providers in and adjacent to the project area and request maps and/or as-builts of their existing facilities. 4. Field Reconnaissance and Data Collection. CobbFendley shall make a field visits to verify existing utility layout drawings with field conditions. 5. Existing Utility Layout. CobbFendley shall create an existing utility layout in the latest version of MicroStation V8 using base topo/survey files correlated with as-builts provided by each Utility Owner. This layout will be utilized to assist in conflict assessment, monitor necessity of relocations and evaluate alternatives. 6. 50% Conflict Assessment. CobbFendley will determine which utilities will conflict with roadway construction and County guidelines based on the 50% design plans and make the utility company aware of these conflicts. We will be reviewing for direct conflicts with proposed roadway improvements, constructability conflicts, and conflicts with current rules/guidelines. A detailed list and conflict exhibit strip map will be prepared at each of the design milestones and will be communicated with the Utility Owners and design team. 7. 50% Group Design Utility Coordination Meeting. CobbFendley shall establish contact with existing Utility Companies within and adjacent to the Project and set up a utility coordination meeting to discuss concepts and options for construction based on the 50% design plans. This meeting will include meeting preparation, travel time, meeting and follow-up meeting minutes. CobbFendley will set agenda for coordination meeting as directed by the County. 8. Quality Level B (QLB)/Quality Level A (QLA) Recommendations. CobbFendley will determine where QLB/QLA is necessary in clearing/confirming conflicts. See section 2.0 for more details on QLB/QLA. 9. Coordinate and Prepare Base Agreement Forms. CobbFendley will coordinate with Hays County 157 to determine appropriate agreement forms and permits to be used on this project for both reimbursable and non-reimbursable utility adjustments. The relevant project information will be filled-in on the agreed upon forms and forwarded on to each respective utility impacted on the project for review/use. 1.2 90% Design: 1. 90% Written Notification Letters. CobbFendley will prepare and mail written notification letters to all known Utility Owners within and adjacent to the project site. A CD and/or USB will be included with the letter containing milestone design plan sheets (*.pdf and *.dgn format). 2. Updates to Existing Utility Layout. CobbFendley shall update the existing utility layout in the latest version of MicroStation V8 using the base topo files and 90% design files. This layout will be utilized to assist in conflict assessment, monitor necessity of relocations and evaluate alternatives. 3. 90% Conflict Assessment. CobbFendley will determine which utilities will conflict with roadway construction and City guidelines based on the 90% design plans and make the utility company aware of these conflicts. We will be reviewing for direct conflicts with proposed roadway improvements, constructability conflicts, and conflicts with current rules/guidelines. A detailed list will be prepared at each of the design milestones and will be communicated with the Utility Owners and design team. 4. Evaluate Relocation Alternatives. CobbFendley will evaluate alternatives in the adjustment of utilities, balancing the needs of both the County and the Utility. 5. Individual Utility Coordination Meetings. CobbFendley will set-up utility coordination meetings with individual Utility Owners to discuss relocation plans, relocation alternatives, schedule, etc. CobbFendley will set agenda for all coordination meetings as directed by the County. Individual utility coordination meetings include meeting preparation, travel time, meeting and follow-up meeting minutes Five individual utility meetings anticipated 6. Coordinate of Reimbursable and Non-Reimbursable Adjustments. CobbFendley will assist each utility in preparing and submitting necessary permits and agreement forms for construction, including all relevant back-up documentation. 1.3 100% Design: 1. 100% Written Notification Letters. CobbFendley will prepare and mail written notification letters to all known Utility Owners within and adjacent to the project site. A CD and/or USB will be included with the letter containing milestone design plan sheets (*.pdf and *.dgn format). 2. Update Existing Utility Layout. CobbFendley shall update the existing utility layout in the latest version of MicroStation V8 using the base topo files and latest design files. This layout will be utilized to assist in final conflict assessment and as a guideline for utility relocation construction. 3. 100% Conflict Assessment. CobbFendley will determine which utilities will conflict with roadway construction and/or County guidelines, based on the latest design plans, and make the utility company aware of these conflicts. We will be reviewing for direct conflicts with proposed roadway improvements, constructability conflicts, and conflicts with current rules/guidelines. A detailed list will be prepared at each of the design milestones and will be communicated with the Utility Owners and design team. 4. Utility Schedule and Sequencing. CobbFendley will review the utility adjustment schedule in relation to construction sequencing and schedule for timely relocation of the utility. 158 5. Secure Reimbursable and Non-Reimbursable Adjustments. If a utility is located within an easement, the utility company may have a compensable interest. The utility company must furnish a copy of their easement document. CobbFendley will determine whether a compensable interest exists and the owner’s degree of eligibility. Four anticipated CobbFendley will prepare a packaged agreement utilizing Hays County reimbursement agreement forms, plans on 11x17 sheets, easement documentation (if applicable), estimate and schedule of work. We will submit a copy of the reimbursement package to the Hays County by letter recommending approval (3 copies of each). Two anticipated reimbursable agreements The utility shall be reimbursed all cost incurred within their easement limits for replacement in kind. CobbFendley will assist each non-reimbursable utility in preparing and submitting necessary County permits for construction. CobbFendley shall review utility relocation plans to ensure compliance with County design criteria and to ensure that the proposed relocation will not conflict with proposed roadway improvements. Relocation plan reviews are for compliance with proposed location data. The responsibility for quality and accuracy of utility adjustment plans will remain with the Utility Company. 6. Process Utility Reimbursement Payment Requests. CobbFendley shall review utility payment requests to verify complete with all necessary support documentation required for reimbursement. CobbFendley will review for accuracy and coordinate with the utility owner on any items missing or needing further clarification. CobbFendley will compile final utility billing package and submit to Hays County for final approval and processing. Two anticipated payment requests 1.5 Utility Relocation Observation: 1. Preconstruction meeting. Go over utility relocations and confirm alignments, utility clearance dates and schedule. Assuming two preconstruction meetings 2. Construction Observation & Verification. Includes the utility location installation verification, monitoring, reporting, and as-built surveying as required for the County. The Utility Engineer shall field verify all utility adjustments to ensure that the new facilities are located according to plans and specifications. The Engineer shall review all payment requests for conformance with the utility estimate and verify the work has been performed. The Engineer shall notify the County when Engineer becomes aware of the demobilization, or before the demobilization process ends. The Engineer shall develop and maintain a detailed project schedule to track project status. The schedule submittals shall be hard copy and electronic format. The Engineer shall meet on a scheduled basis with the County to review project progress, prepare, distribute, and file both written and electronic correspondence. The Engineer shall document phone calls and conference calls as required during the project to coordinate the work for various team members. Assuming six hours per week for four weeks of construction 3. Weekly Observation Reports. The Engineer shall provide the County with a status report for all 159 utility adjustments on a monthly basis. The County will provide the status report format to the Engineer. Assuming ten reports 4. As-built Survey. The Engineer shall survey all significant features of the proposed relocation and provide that information to the County. Assuming six hours per week for four weeks of construction 2.0 Subsurface Utility Engineering (SUE): Utility Quality Levels are defined in cumulative order (least to greatest): Quality Level D - Existing Records: Utilities are plotted from review of available existing records Quality Level C - Surface Visible Feature Survey: Quality Level "D" information from existing records is correlated with surveyed surface-visible features. Quality Level B - Designate: Two-dimensional horizontal mapping. This information is obtained through the application and interpretation of appropriate non-destructive surface geophysical methods. Utility indications may be referenced to established survey control. Level B SUE does not include inventory of overhead utilities and does not include investigation of storm drains or culverts. Additional description of services, methodology and equipment is below. Quality Level A - Locate (Test Hole): Three-dimensional mapping and other characterization data. This information is obtained through exposing utility facilities through test holes and measuring and recording (to appropriate survey control) utility/environment data 2.1 Designate (Quality Level B): Designate means to indicate the horizontal location of underground utilities by the application and interpretation of appropriate non-destructive surface geophysical techniques and reference to established survey control. Designate (Quality Level B) Services. It is anticipated that Level B SUE will be required along the project corridor. CobbFendley shall: 1. Use records and utility layout generated by performance of UC task to assist on field work. 2. Coordinate with utility owner when utility owner's policy is to designate their own facilities at no cost for preliminary survey purposes. The Engineer shall examine utility owner's work to ensure accuracy and completeness. 3. Designate, record, and mark the horizontal and vertical location of the existing utility facilities using non-destructive surface geophysical techniques. No storm sewer facilities are to be designated. A non-water base paint, utilizing the APWA color code scheme, shall be used on all surface markings of underground utilities. 4. Correlate utility owner records with designating data and resolve discrepancies using professional judgment 5. Survey SUE field markings. Tie survey to existing site survey control. Client will provide control. 160 6. Draft a color-coded composite utility facility plan with utility owner names, quality levels, and if available line sizes. Line sizes will be from record information. This information shall be provided in Micro Station (or if required AutoCAD). Client will provide base files for drafting (e.g. existing topo, edge of pavement, right of way and alignment files in dgn or dwg format.) Assuming two utilities the length of the project 2.2 Level A Test Holes: In locations where the depth of identified buried utilities is required, CobbFendley will perform FHWA Level A vacuum test holes. This proposal assumes we will perform up to two (2) Level A Test Holes. To efficiently excavate holes in the correct locations, target utilities will be designated in the immediate vicinity of each proposed location prior to excavation. Holes are excavated using nondestructive compressed air and vacuum technique. If target utilities are non-conductive (eg: PVC water lines) or site conditions mean they are otherwise difficult to find, hydrovac excavation can be used to perform slot trenching to locate the line. Hydrovac excavation incurs additional cost and is not included in this scope and fee. Conventional compressed air vacuum excavation will be performed as follows: 1. Coordinate with Client to determine location of proposed test holes. Client will provide any right of entry permission or permits that are required. 2. Using non-destructive surface geophysical techniques, designate target utilities at each proposed hole location. Designate means to identify and mark tone-able utilities. Tone-able utilities are typically utilities that are conductive or internally accessible with a traceable fish tape or sonde. 3. Comply with policies for the prevention of underground utility damage (i.e., one-call system) 4. Vacuum excavate to measure and record the depth and location of found items. Test holes do not typically exceed 1 square ft unless unusual circumstances exist. CobbFendley accepts no responsibility for contaminated soils should they be encountered during excavation. CobbFendley does not take ownership of any excavated material. 5. Record depth of the utility, line size, line material, condition of the line, type of soil around the line. Provide markers at each utility location. 6. Backfill the hole. Compact in lifts. Restore pavement. 7. Survey utility test hole locations and tie to existing project survey control. Client will provide survey control. 8. Draft surveyed information onto project base map. Client will provide base map file (typically topo or alignment file) in AutoCAD or MicroStation format. Assuming two test holes “Standard traffic control” is performed by CobbFendley and is included in our rates. Standard traffic control can be described as that necessary for manhole entry or short-term access to utility features located in the roadway. However, depending on the location of proposed test holes ‘non-standard’ traffic control may be required (lane closures, police officer present, arrow board, etc.) these services will be considered extra. 161 EXHIBIT B Fee/Rate Schedule FEE SCHEDULE SHALL BE INSERTED AT THE TIME OF AGREEMENT/CONTRACT EXECUTION 162 -- EXHIBIT “C” -- Additional Terms to the Services provided by Contractor, if any, are as follows: A. N/A B.______ C.______ D.______ E.______ F.______ G.______ H.______ I.______ J.______ K.______ L.______ 163 EXHIBIT D Certificate of Insurance 164 Client#: 153896 COBBFEND DATE (MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 5/19/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Shelly Brandman/Michelle Weweh USI Southwest PHONE FAX (A/C, No, Ext): 713 490-4600 (A/C, No): 713 490-4700 9811 Katy Freeway, Suite 500 E-MAIL ADDRESS: [email protected] Houston, TX 77024 INSURER(S) AFFORDING COVERAGE NAIC # 713 490-4600 INSURER A : National Fire Insurance Co. of Hartford 20478 INSURED INSURER B : Continental Insurance Co. of NJ 42625 Cobb, Fendley & Associates, Inc. INSURER C : Valley Forge Insurance Company 20508 13430 Northwest Frwy Ste 1100 INSURER D : Berkley Insurance Company 32603 Houston, TX 77040 INSURER E : Continental Casualty Company 20443 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS AX COMMERCIAL GENERAL LIABILITY 6072140890 07/10/2018 07/10/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADEX OCCUR PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- POLICY X JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E 6072140873 07/10/2018 07/10/2019 (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) $ B X UMBRELLA LIAB X OCCUR 6072140839 07/10/2018 07/10/2019 EACH OCCURRENCE $12,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $12,000,000 DEDX RETENTION $10,000 $ WORKERS COMPENSATION PER OTH- C 6072140842 07/10/2018 07/10/2019 X STATUTE ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 D Professional AEC902141903 07/10/2018 07/10/2019 $5,000,000 Per Claim Liability $5,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability and Automobile Liability policies includes an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability and Automobile Liability policies contain a special endorsement with "Primary and (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Office of General County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Hays County Courthouse ACCORDANCE WITH THE POLICY PROVISIONS. 110 East San Antonio, Suite 202 San Marcos, TX 78666 AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. 165 ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S25700530/M23473646 SQAZP DESCRIPTIONS (Continued from Page 1) Noncontributory" wording. The General Liability, Automobile, Workers Compensation, and Professional Liability policies provide a Blanket Waiver of Subrogation when required by written contract. The General Liability, Automobile, Workers Compensation, Umbrella Liability, and Professional Liability policies include an endorsement providing that 30 days notice of cancellation for reasons other than nonpayment of premium and 10 days notice of cancellation for nonpayment of premium will be given to the Certificate Holder by the Insurance Carrier. The Umbrella Liability policy follows form. RE: Professional Services Agreement, Utility Coordination Projects. Additional insured includes: Hays County. SAGITTA 25.3 (2016/03) 2 of 2 166 #S25700530/M23473646 PROFESSIONAL SERVICES AGREEMENT HAYS COUNTY, TEXAS HAYS COUNTY, a political subdivision of the State of Texas (hereinafter the “County”) with administrative offices at 111 E. San Antonio, Suite 300, San Marcos, Texas 78666, and Cobb, Fendley & Associates, Inc. hereinafter “Contractor”), whose primary place of business is located at 505 E. Huntland Drive, Suite 100, Austin, Texas 78752, hereby enter into this Professional Services Agreement (hereinafter “Agreement”) effective the ___ day of ______, 20__ (hereinafter “Effective Date”). The County and Contractor (collectively “the parties to this Agreement” or “the parties”) agree as follows: 1. OVERVIEW Utility Coordination, Subsurface Utility Engineering and Utility Relocation Observation for Francis Harris Lane at York Creek 2. SERVICES Contractor agrees to perform services for the County in accordance with the County’s instructions and, in particular, the instructions of Jerry Borcherding P.E., County Transportation Director and/or legal counsel for the Hays County Commissioners Court; and in conformance with the descriptions, definitions, terms, and conditions of this Agreement. The Scope of Services shall be limited to those services and terms attached hereto as Exhibit “A”, and any subsections of Exhibit “A”, if as and when they are attached hereto and signed by the parties (collectively “the Work”). If the parties to this Agreement amend the Work required under this Agreement (by adding or removing specific services and/or terms enumerated in Exhibits “A” and/or “C”), the Compensation cited in Section 5 of this Agreement may also be amended to conform with the change in Scope of Services, as agreed by the parties. 3. ADDITIONAL TERMS Additional Terms and Obligations of the parties to this Agreement, if any, are stated in Exhibit “C”, attached hereto. 4. DURATION The parties agree that the Work shall be completed 03/01/2020 ( 300 ) days after commencement date. (hereinafter the “Completion Date”). In the event that Contractor is unable to complete the Work by the Completion Date, Contractor shall request an extension of the Completion Date in writing no later than fifteen (15) business days prior to the Completion Date. The County may grant extensions of the Completion Date for all reasonable extension requests and shall do so in writing. 5. COMPENSATION Contractor will be compensated for the Work on an hourly-charge basis, the terms of which are cited in Contractors rate schedule, which is attached hereto as Exhibit “B.” Despite any reference to Contractors rate schedule, which shall be used to calculate monthly invoice amounts under this Agreement or a change in the Scope of Services (i.e. 167 Amendment), the parties agree that the County shall pay Contractor a total fee not to exceed Thirty-Four Thousand, Two-Hundred and Twenty dollars ($ 34,220 USD) for the Work under this Agreement. 6. PAYMENT Contractor shall invoice the County for the Work performed under this Agreement on a monthly basis, beginning at the end of the first full month following the Effective Date. The County agrees to promptly pay all invoices in accordance with Texas Government Code Chapter 2251 and by sending payment to Contractor’s address stated in Section 8, below. 7. NOTICE OF COMPLETION Upon completion of the Work, Contractor shall send a Notice of Completion to the County in writing, and the County shall have the option to inspect the Work (or the product thereof) before it is considered complete under this Agreement. If the County is satisfied that the Work under this Agreement is complete, the County shall send Contractor an Acceptance of Completion in writing. If, after inspection, the County does not agree that the Work is complete or believes that the Work is of deficient quality, the County shall send Contractor a Deficiency Letter, stating the specific aspects of the Work that are incomplete and/or deficient. If, after ten (10) business days from the County’s receipt of Contractor’s Notice of Completion, the County does not send Contractor either an Acceptance of Completion or a Deficiency Letter, the Work under this Agreement shall be considered complete. 8. NOTICE (GENERAL) All notices issued by Contractor under or regarding this Agreement shall be provided in writing to the County at: Hays County, Attn: County Judge, 111 E. San Antonio, Suite 300, San Marcos, Texas 78666; < [email protected]>. All notices issued by the County under or regarding this Agreement shall be provided in writing to Contractor at its primary place of business. Notices from one party to another under this Section may be made by U.S. Mail, parcel post, Facsimile, or Electronic Mail, sent to the designated contact at any of the designated addresses cited above. 9. INSURANCE Contractor agrees that, during the performance of all terms and conditions of this Agreement, from the Effective Date until the County’s acceptance of Contractor’s Notice of Completion or until this Agreement is otherwise considered completed as a matter of law, Contractor shall, at its sole expense, provide and maintain Commercial General Liability insurance that meets or exceeds the industry standard for professional services providers in Contractor’s field of employment and for the type of services that are being performed by Contractor under this Agreement. Such insurance coverage shall specifically name the COUNTY as co-insured. This insurance coverage shall cover all perils arising from the activities of Contractor, its officers, directors, employees, agents or sub-contractors, relative to this Agreement. Contractor shall be responsible for any deductibles stated in the policy. A copy of the current Certificate of Liability Insurance is 168 attached hereto as Exhibit “D”. A true copy of each new Certificate of Liability Insurance shall be provided to the COUNTY within seven (7) of the new policy date at the following address: Office of General County, Hays County Courthouse, 110 East San Antonio, Suite 202, San Marcos, Texas 78666. So long as this Agreement is in effect, Contractor shall not cause such insurance to be canceled nor permit such insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be canceled, reduced, restricted or otherwise limited until thirty (30) days after the COUNTY has received written notice as evidenced by a return receipt of registered or certified mail (10 days’ notice for cancellation due to non-payment of premium). 10. MUTUAL INDEMNITY Contractor agrees, to the fullest extent permitted by law, to indemnify and hold harmless the County, its officers, directors and employees against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by Contractor’s negligent performance of the Work under this Agreement and that of its subcontractors or anyone for whom the Consultant is responsible or legally liable. The County agrees, to the fullest extent permitted by law, to indemnify and hold harmless Contractor, its officers, directors, employees and subcontractors against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the County's negligent acts in connection with this Agreement. Neither the County nor Contractor shall be obligated to indemnify the other party in any manner whatsoever for the other party's negligence. 11. COMPLIANCE WITH LAWS Each party agrees to comply with all laws, regulations, rules, and ordinances applicable to this Agreement and/or applicable to the parties performing the terms and conditions of this Agreement. 12. SURVIVAL Notwithstanding any termination of this Agreement, the following Sections, and the terms and conditions contained therein, shall remain in effect: 3, 5, 8, 10, 12, 14, 15, 16, 17, 18, 20, 21 and 22. 13. FORCE MAJEURE Either of the parties to this Agreement shall be excused from any delays and/or failures in the performance of the terms and conditions of this agreement, to the extent that such delays and/or failures result from causes beyond the delaying/failing party’s reasonable control, including but not limited to Acts of God, Forces of Nature, Civil Riot or Unrest, and Governmental Action that was unforeseeable by all parties at the time of the execution of this Agreement. Any delaying/failing party shall, with all reasonable diligence, attempt to remedy the cause of delay and/or failure and shall recommence all remaining duties under this Agreement within a reasonable time of such remedy. 169 14. SEVERABILITY If any Section or provision of this Agreement is held to be invalid or void, the other Sections and provisions of this Agreement shall remain in full force and effect to the greatest extent as is possible, and all remaining Sections or provisions of this Agreement shall be construed so that they are as consistent with the parties’ intents as possible. 15. MULTIPLE COUNTERPARTS This Agreement may be executed in several counterparts, all of which taken together shall constitute one single Agreement between the parties. 16. SECTION HEADINGS, EXHIBITS The Section and Subsection headings of this Agreement, as well as Section 1, Entitled “Overview,” shall not enter in the interpretation of the terms and conditions contained herein, as those portions of the Agreement are included merely for organization and ease of review. The Exhibit(s) that may be referred to herein and may be attached hereto, are incorporated herein to the same extent as if fully set forth herein. 17. WAIVER BY PARTY Unless otherwise provided in writing by the waiving party, a waiver by either of the parties to this Agreement of any covenant, term, condition, agreement, right, or duty that arises under this Agreement shall be considered a one-time waiver and shall not be construed to be a waiver of any succeeding breach thereof or any other covenant, term, condition, agreement, right, or duty that arises under this Agreement. 18. GOVERNING LAW AND VENUE THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. Any lawsuit, claim, or action, whether in law or in equity, arising from this Agreement will be brought in Hays County, Texas. 19. ASSIGNMENT Neither party to this Agreement may assign it duties, interests, rights, benefits and/or obligations under this Agreement, in whole or in part, without the other party’s prior written consent thereto. 20. BINDING EFFECT Subject to any provisions hereof restricting assignment, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors, permitted assigns, heirs, executors, and/or administrators. 21. ENTIRE AGREEMENT; AMENDMENT This Agreement (including any and all Exhibits attached hereto) constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. Any amendments to this Agreement must be made in writing and signed by the parties to this Agreement prior to the performance of any terms or conditions contained in said amendments. 170 22. WORK PRODUCT Any and all product, whether in the form of calculations, letters, findings, opinions, or the like, shall be the property of Hays County during and after performance of the Work. Contractor shall have a right to retain a copy of all Work product for record-keeping purposes. 23. TERMINATION BY COUNTY This Agreement may be terminated by Hays County, for any reason whatsoever, by providing thirty (30) days written notice to Contractor. Any approved services provided under this Agreement up to the date of termination may be invoiced by Contractor after the termination date, and payment of said invoice shall not be unreasonably withheld by the County. Signatures by the parties to this Professional Services Agreement follow on the next page. 171 IN WITNESS WHEREOF, the undersigned have duly executed and delivered this Professional Services Agreement, and hereby declare that THEY HAVE READ AND DO UNDERSTAND AND AGREE TO EACH AND EVERY TERM, CONDITION, AND COVENANT CONTAINED IN THIS AGREEMENT AND IN ANY DOCUMENT INCORPORATED BY REFERENCE. ______Hays County, Texas Cobb, Fendley & Associates, Inc. By: Ruben Becerra By: _Sandra G. Khoury, P.E.____ Hays County Judge _ Vice President ______ 172 EXHIBIT A-1 Scope of Work 173 SCOPE OF SERVICES Hays County Francis Harris Lane at York Creek UTILITY COORDINATION SERVICES 1.0 Utility Coordination Utility adjustment coordination includes utility coordination meetings with individual utility companies, communication and coordination with utilities, conflict assessment and analysis, and preparation of utility agreements, including reimbursable and non-reimbursable. All utility coordination activities will be in accordance with Hays County Guidelines. There are four (4) Utilities anticipated along the project corridor, including Crystal Clear Water Supply, Guadalupe-blanco River Authority, Guadalupe Valley Telephone Cooperative Inc. and AT&T. Utility adjustment coordination includes utility relocation verification, status reports and site visits. 1.1 50% Design Phase: 1. Develop Utility Contact List. CobbFendley establish contact with existing Utility Companies within and adjacent to the Project and create a utility contact list. This list will be maintained throughout the project. 2. Initial Project Notification Letters. CobbFendley will prepare and mail written notification letters to all known Utility Owners within and adjacent to the project site. A CD and/or USB will be included with the letter containing milestone design plan sheets (*.pdf and *.dgn format). 3. As-builts/Records Research. CobbFendley shall contact all known utility providers in and adjacent to the project area and request maps and/or as-builts of their existing facilities. 4. Field Reconnaissance and Data Collection. CobbFendley shall make a field visits to verify existing utility layout drawings with field conditions. 5. Existing Utility Layout. CobbFendley shall create an existing utility layout in the latest version of MicroStation V8 using base topo/survey files correlated with as-builts provided by each Utility Owner. This layout will be utilized to assist in conflict assessment, monitor necessity of relocations and evaluate alternatives. 6. 50% Conflict Assessment. CobbFendley will determine which utilities will conflict with roadway construction and County guidelines based on the 50% design plans and make the utility company aware of these conflicts. We will be reviewing for direct conflicts with proposed roadway improvements, constructability conflicts, and conflicts with current rules/guidelines. A detailed list and conflict exhibit strip map will be prepared at each of the design milestones and will be communicated with the Utility Owners and design team. 7. 50% Group Design Utility Coordination Meeting. CobbFendley shall establish contact with existing Utility Companies within and adjacent to the Project and set up a utility coordination meeting to discuss concepts and options for construction based on the 50% design plans. This meeting will include meeting preparation, travel time, meeting and follow-up meeting minutes. CobbFendley will set agenda for coordination meeting as directed by the County. 8. Quality Level B (QLB)/Quality Level A (QLA) Recommendations. CobbFendley will determine where QLB/QLA is necessary in clearing/confirming conflicts. See section 2.0 for more details on QLB/QLA. 174 9. Coordinate and Prepare Base Agreement Forms. CobbFendley will coordinate with Hays County to determine appropriate agreement forms and permits to be used on this project for both reimbursable and non-reimbursable utility adjustments. The relevant project information will be filled-in on the agreed upon forms and forwarded on to each respective utility impacted on the project for review/use. 1.2 90% Design: 1. 90% Written Notification Letters. CobbFendley will prepare and mail written notification letters to all known Utility Owners within and adjacent to the project site. A CD and/or USB will be included with the letter containing milestone design plan sheets (*.pdf and *.dgn format). 2. Updates to Existing Utility Layout. CobbFendley shall update the existing utility layout in the latest version of MicroStation V8 using the base topo files and 90% design files. This layout will be utilized to assist in conflict assessment, monitor necessity of relocations and evaluate alternatives. 3. 90% Conflict Assessment. CobbFendley will determine which utilities will conflict with roadway construction and City guidelines based on the 90% design plans and make the utility company aware of these conflicts. We will be reviewing for direct conflicts with proposed roadway improvements, constructability conflicts, and conflicts with current rules/guidelines. A detailed list will be prepared at each of the design milestones and will be communicated with the Utility Owners and design team. 4. Evaluate Relocation Alternatives. CobbFendley will evaluate alternatives in the adjustment of utilities, balancing the needs of both the County and the Utility. 5. Individual Utility Coordination Meetings. CobbFendley will set-up utility coordination meetings with individual Utility Owners to discuss relocation plans, relocation alternatives, schedule, etc. CobbFendley will set agenda for all coordination meetings as directed by the County. Individual utility coordination meetings include meeting preparation, travel time, meeting and follow-up meeting minutes Four individual utility meetings anticipated 6. Coordinate of Reimbursable and Non-Reimbursable Adjustments. CobbFendley will assist each utility in preparing and submitting necessary permits and agreement forms for construction, including all relevant back-up documentation. 1.3 100% Design: 1. 100% Written Notification Letters. CobbFendley will prepare and mail written notification letters to all known Utility Owners within and adjacent to the project site. A CD and/or USB will be included with the letter containing milestone design plan sheets (*.pdf and *.dgn format). 2. Update Existing Utility Layout. CobbFendley shall update the existing utility layout in the latest version of MicroStation V8 using the base topo files and latest design files. This layout will be utilized to assist in final conflict assessment and as a guideline for utility relocation construction. 3. 100% Conflict Assessment. CobbFendley will determine which utilities will conflict with roadway construction and/or County guidelines, based on the latest design plans, and make the utility company aware of these conflicts. We will be reviewing for direct conflicts with proposed roadway improvements, constructability conflicts, and conflicts with current rules/guidelines. A detailed list will be prepared at each of the design milestones and will be communicated with the Utility Owners and design team. 4. Utility Schedule and Sequencing. CobbFendley will review the utility adjustment schedule in 175 relation to construction sequencing and schedule for timely relocation of the utility. 5. Secure Reimbursable and Non-Reimbursable Adjustments. If a utility is located within an easement, the utility company may have a compensable interest. The utility company must furnish a copy of their easement document. CobbFendley will determine whether a compensable interest exists and the owner’s degree of eligibility. Four anticipated CobbFendley will prepare a packaged agreement utilizing Hays County reimbursement agreement forms, plans on 11x17 sheets, easement documentation (if applicable), estimate and schedule of work. We will submit a copy of the reimbursement package to the Hays County by letter recommending approval (3 copies of each). Two anticipated reimbursable agreements The utility shall be reimbursed all cost incurred within their easement limits for replacement in kind. CobbFendley will assist each non-reimbursable utility in preparing and submitting necessary County permits for construction. CobbFendley shall review utility relocation plans to ensure compliance with County design criteria and to ensure that the proposed relocation will not conflict with proposed roadway improvements. Relocation plan reviews are for compliance with proposed location data. The responsibility for quality and accuracy of utility adjustment plans will remain with the Utility Company. 6. Process Utility Reimbursement Payment Requests (2 anticipated). CobbFendley shall review utility payment requests to verify complete with all necessary support documentation required for reimbursement. CobbFendley will review for accuracy and coordinate with the utility owner on any items missing or needing further clarification. CobbFendley will compile final utility billing package and submit to Hays County for final approval and processing. Two anticipated payment requests 1.5 Utility Relocation Observation: 1. Preconstruction meeting. Go over utility relocations and confirm alignments, utility clearance dates and schedule. Assuming four preconstruction meetings 2. Construction Observation & Verification. Includes the utility location installation verification, monitoring, reporting, and as-built surveying as required for the County. The Utility Engineer shall field verify all utility adjustments to ensure that the new facilities are located according to plans and specifications. The Engineer shall review all payment requests for conformance with the utility estimate and verify the work has been performed. The Engineer shall notify the County when Engineer becomes aware of the demobilization, or before the demobilization process ends. The Engineer shall develop and maintain a detailed project schedule to track project status. The schedule submittals shall be hard copy and electronic format. The Engineer shall meet on a scheduled basis with the County to review project progress, prepare, distribute, and file both written and electronic correspondence. The Engineer shall document phone calls and conference calls as required during the project to coordinate the work for various team members. Assuming six hours per week for eight weeks of construction 176 3. Weekly Observation Reports. The Engineer shall provide the County with a status report for all utility adjustments on a monthly basis. The County will provide the status report format to the Engineer. Assuming ten reports 4. As-built Survey. The Engineer shall survey all significant features of the proposed relocation and provide that information to the County. Assuming six hours per week for eight weeks of construction 2.0 Subsurface Utility Engineering (SUE): Utility Quality Levels are defined in cumulative order (least to greatest): Quality Level D - Existing Records: Utilities are plotted from review of available existing records Quality Level C - Surface Visible Feature Survey: Quality Level "D" information from existing records is correlated with surveyed surface-visible features. Quality Level B - Designate: Two-dimensional horizontal mapping. This information is obtained through the application and interpretation of appropriate non-destructive surface geophysical methods. Utility indications may be referenced to established survey control. Level B SUE does not include inventory of overhead utilities and does not include investigation of storm drains or culverts. Additional description of services, methodology and equipment is below. Quality Level A - Locate (Test Hole): Three-dimensional mapping and other characterization data. This information is obtained through exposing utility facilities through test holes and measuring and recording (to appropriate survey control) utility/environment data 2.1 Designate (Quality Level B): Designate means to indicate the horizontal location of underground utilities by the application and interpretation of appropriate non-destructive surface geophysical techniques and reference to established survey control. Designate (Quality Level B) Services. It is anticipated that Level B SUE will be required along the project corridor. CobbFendley shall: 1. Use records and utility layout generated by performance of UC task to assist on field work. 2. Coordinate with utility owner when utility owner's policy is to designate their own facilities at no cost for preliminary survey purposes. The Engineer shall examine utility owner's work to ensure accuracy and completeness. 3. Designate, record, and mark the horizontal and vertical location of the existing utility facilities using non-destructive surface geophysical techniques. No storm sewer facilities are to be designated. A non-water base paint, utilizing the APWA color code scheme, shall be used on all surface markings of underground utilities. 4. Correlate utility owner records with designating data and resolve discrepancies using professional judgment 5. Survey SUE field markings. Tie survey to existing site survey control. Client will provide control. 177 6. Draft a color-coded composite utility facility plan with utility owner names, quality levels, and if available line sizes. Line sizes will be from record information. This information shall be provided in Micro Station (or if required AutoCAD). Client will provide base files for drafting (e.g. existing topo, edge of pavement, right of way and alignment files in dgn or dwg format.) Assuming two utilities the length of the project 2.2 Level A Test Holes: In locations where the depth of identified buried utilities is required, CobbFendley will perform FHWA Level A vacuum test holes. This proposal assumes we will perform up to two (2) Level A Test Holes. To efficiently excavate holes in the correct locations, target utilities will be designated in the immediate vicinity of each proposed location prior to excavation. Holes are excavated using nondestructive compressed air and vacuum technique. If target utilities are non-conductive (eg: PVC water lines) or site conditions mean they are otherwise difficult to find, hydrovac excavation can be used to perform slot trenching to locate the line. Hydrovac excavation incurs additional cost and is not included in this scope and fee. Conventional compressed air vacuum excavation will be performed as follows: 1. Coordinate with Client to determine location of proposed test holes. Client will provide any right of entry permission or permits that are required. 2. Using non-destructive surface geophysical techniques, designate target utilities at each proposed hole location. Designate means to identify and mark tone-able utilities. Tone-able utilities are typically utilities that are conductive or internally accessible with a traceable fish tape or sonde. 3. Comply with policies for the prevention of underground utility damage (i.e., one-call system) 4. Vacuum excavate to measure and record the depth and location of found items. Test holes do not typically exceed 1 square ft unless unusual circumstances exist. CobbFendley accepts no responsibility for contaminated soils should they be encountered during excavation. CobbFendley does not take ownership of any excavated material. 5. Record depth of the utility, line size, line material, condition of the line, type of soil around the line. Provide markers at each utility location. 6. Backfill the hole. Compact in lifts. Restore pavement. 7. Survey utility test hole locations and tie to existing project survey control. Client will provide survey control. 8. Draft surveyed information onto project base map. Client will provide base map file (typically topo or alignment file) in AutoCAD or MicroStation format. Assuming two test holes “Standard traffic control” is performed by CobbFendley and is included in our rates. Standard traffic control can be described as that necessary for manhole entry or short-term access to utility features located in the roadway. However, depending on the location of proposed test holes ‘non-standard’ traffic control may be required (lane closures, police officer present, arrow board, etc.) these services will be considered extra. 178 EXHIBIT B Fee/Rate Schedule FEE SCHEDULE SHALL BE INSERTED AT THE TIME OF AGREEMENT/CONTRACT EXECUTION 179 -- EXHIBIT “C” -- Additional Terms to the Services provided by Contractor, if any, are as follows: A. N/A B.______ C.______ D.______ E.______ F.______ G.______ H.______ I.______ J.______ K.______ L.______ 180 EXHIBIT D Certificate of Insurance 181 Client#: 153896 COBBFEND DATE (MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 5/19/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Shelly Brandman/Michelle Weweh USI Southwest PHONE FAX (A/C, No, Ext): 713 490-4600 (A/C, No): 713 490-4700 9811 Katy Freeway, Suite 500 E-MAIL ADDRESS: [email protected] Houston, TX 77024 INSURER(S) AFFORDING COVERAGE NAIC # 713 490-4600 INSURER A : National Fire Insurance Co. of Hartford 20478 INSURED INSURER B : Continental Insurance Co. of NJ 42625 Cobb, Fendley & Associates, Inc. INSURER C : Valley Forge Insurance Company 20508 13430 Northwest Frwy Ste 1100 INSURER D : Berkley Insurance Company 32603 Houston, TX 77040 INSURER E : Continental Casualty Company 20443 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS AX COMMERCIAL GENERAL LIABILITY 6072140890 07/10/2018 07/10/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADEX OCCUR PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- POLICY X JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E 6072140873 07/10/2018 07/10/2019 (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) $ B X UMBRELLA LIAB X OCCUR 6072140839 07/10/2018 07/10/2019 EACH OCCURRENCE $12,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $12,000,000 DEDX RETENTION $10,000 $ WORKERS COMPENSATION PER OTH- C 6072140842 07/10/2018 07/10/2019 X STATUTE ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 D Professional AEC902141903 07/10/2018 07/10/2019 $5,000,000 Per Claim Liability $5,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability and Automobile Liability policies includes an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability and Automobile Liability policies contain a special endorsement with "Primary and (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Office of General County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Hays County Courthouse ACCORDANCE WITH THE POLICY PROVISIONS. 110 East San Antonio, Suite 202 San Marcos, TX 78666 AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. 182 ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S25700530/M23473646 SQAZP DESCRIPTIONS (Continued from Page 1) Noncontributory" wording. The General Liability, Automobile, Workers Compensation, and Professional Liability policies provide a Blanket Waiver of Subrogation when required by written contract. The General Liability, Automobile, Workers Compensation, Umbrella Liability, and Professional Liability policies include an endorsement providing that 30 days notice of cancellation for reasons other than nonpayment of premium and 10 days notice of cancellation for nonpayment of premium will be given to the Certificate Holder by the Insurance Carrier. The Umbrella Liability policy follows form. RE: Professional Services Agreement, Utility Coordination Projects. Additional insured includes: Hays County. SAGITTA 25.3 (2016/03) 2 of 2 183 #S25700530/M23473646 PROFESSIONAL SERVICES AGREEMENT HAYS COUNTY, TEXAS HAYS COUNTY, a political subdivision of the State of Texas (hereinafter the “County”) with administrative offices at 111 E. San Antonio, Suite 300, San Marcos, Texas 78666, and Cobb, Fendley & Associates, Inc. hereinafter “Contractor”), whose primary place of business is located at 505 E. Huntland Drive, Suite 100, Austin, Texas 78752, hereby enter into this Professional Services Agreement (hereinafter “Agreement”) effective the ___ day of ______, 20__ (hereinafter “Effective Date”). The County and Contractor (collectively “the parties to this Agreement” or “the parties”) agree as follows: 1. OVERVIEW Utility Coordination, Subsurface Utility Engineering and Utility Relocation Observation for Turnersville 2. SERVICES Contractor agrees to perform services for the County in accordance with the County’s instructions and, in particular, the instructions of Jerry Borcherding P.E., County Transportation Director and/or legal counsel for the Hays County Commissioners Court; and in conformance with the descriptions, definitions, terms, and conditions of this Agreement. The Scope of Services shall be limited to those services and terms attached hereto as Exhibit “A”, and any subsections of Exhibit “A”, if as and when they are attached hereto and signed by the parties (collectively “the Work”). If the parties to this Agreement amend the Work required under this Agreement (by adding or removing specific services and/or terms enumerated in Exhibits “A” and/or “C”), the Compensation cited in Section 5 of this Agreement may also be amended to conform with the change in Scope of Services, as agreed by the parties. 3. ADDITIONAL TERMS Additional Terms and Obligations of the parties to this Agreement, if any, are stated in Exhibit “C”, attached hereto. 4. DURATION The parties agree that the Work shall be completed 03/01/2020 ( 300 ) days after commencement date. (hereinafter the “Completion Date”). In the event that Contractor is unable to complete the Work by the Completion Date, Contractor shall request an extension of the Completion Date in writing no later than fifteen (15) business days prior to the Completion Date. The County may grant extensions of the Completion Date for all reasonable extension requests and shall do so in writing. 5. COMPENSATION Contractor will be compensated for the Work on an hourly-charge basis, the terms of which are cited in Contractors rate schedule, which is attached hereto as Exhibit “B.” Despite any reference to Contractors rate schedule, which shall be used to calculate monthly invoice amounts under this Agreement or a change in the Scope of Services (i.e. 184 Amendment), the parties agree that the County shall pay Contractor a total fee not to exceed Thirty-Thousand and Five-Hundred dollars ($ 30,500 USD) for the Work under this Agreement. 6. PAYMENT Contractor shall invoice the County for the Work performed under this Agreement on a monthly basis, beginning at the end of the first full month following the Effective Date. The County agrees to promptly pay all invoices in accordance with Texas Government Code Chapter 2251 and by sending payment to Contractor’s address stated in Section 8, below. 7. NOTICE OF COMPLETION Upon completion of the Work, Contractor shall send a Notice of Completion to the County in writing, and the County shall have the option to inspect the Work (or the product thereof) before it is considered complete under this Agreement. If the County is satisfied that the Work under this Agreement is complete, the County shall send Contractor an Acceptance of Completion in writing. If, after inspection, the County does not agree that the Work is complete or believes that the Work is of deficient quality, the County shall send Contractor a Deficiency Letter, stating the specific aspects of the Work that are incomplete and/or deficient. If, after ten (10) business days from the County’s receipt of Contractor’s Notice of Completion, the County does not send Contractor either an Acceptance of Completion or a Deficiency Letter, the Work under this Agreement shall be considered complete. 8. NOTICE (GENERAL) All notices issued by Contractor under or regarding this Agreement shall be provided in writing to the County at: Hays County, Attn: County Judge, 111 E. San Antonio, Suite 300, San Marcos, Texas 78666; < [email protected]>. All notices issued by the County under or regarding this Agreement shall be provided in writing to Contractor at its primary place of business. Notices from one party to another under this Section may be made by U.S. Mail, parcel post, Facsimile, or Electronic Mail, sent to the designated contact at any of the designated addresses cited above. 9. INSURANCE Contractor agrees that, during the performance of all terms and conditions of this Agreement, from the Effective Date until the County’s acceptance of Contractor’s Notice of Completion or until this Agreement is otherwise considered completed as a matter of law, Contractor shall, at its sole expense, provide and maintain Commercial General Liability insurance that meets or exceeds the industry standard for professional services providers in Contractor’s field of employment and for the type of services that are being performed by Contractor under this Agreement. Such insurance coverage shall specifically name the COUNTY as co-insured. This insurance coverage shall cover all perils arising from the activities of Contractor, its officers, directors, employees, agents or sub-contractors, relative to this Agreement. Contractor shall be responsible for any deductibles stated in the policy. A copy of the current Certificate of Liability Insurance is 185 attached hereto as Exhibit “D”. A true copy of each new Certificate of Liability Insurance shall be provided to the COUNTY within seven (7) of the new policy date at the following address: Office of General County, Hays County Courthouse, 110 East San Antonio, Suite 202, San Marcos, Texas 78666. So long as this Agreement is in effect, Contractor shall not cause such insurance to be canceled nor permit such insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be canceled, reduced, restricted or otherwise limited until thirty (30) days after the COUNTY has received written notice as evidenced by a return receipt of registered or certified mail (10 days’ notice for cancellation due to non-payment of premium). 10. MUTUAL INDEMNITY Contractor agrees, to the fullest extent permitted by law, to indemnify and hold harmless the County, its officers, directors and employees against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by Contractor’s negligent performance of the Work under this Agreement and that of its subcontractors or anyone for whom the Consultant is responsible or legally liable. The County agrees, to the fullest extent permitted by law, to indemnify and hold harmless Contractor, its officers, directors, employees and subcontractors against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the County's negligent acts in connection with this Agreement. Neither the County nor Contractor shall be obligated to indemnify the other party in any manner whatsoever for the other party's negligence. 11. COMPLIANCE WITH LAWS Each party agrees to comply with all laws, regulations, rules, and ordinances applicable to this Agreement and/or applicable to the parties performing the terms and conditions of this Agreement. 12. SURVIVAL Notwithstanding any termination of this Agreement, the following Sections, and the terms and conditions contained therein, shall remain in effect: 3, 5, 8, 10, 12, 14, 15, 16, 17, 18, 20, 21 and 22. 13. FORCE MAJEURE Either of the parties to this Agreement shall be excused from any delays and/or failures in the performance of the terms and conditions of this agreement, to the extent that such delays and/or failures result from causes beyond the delaying/failing party’s reasonable control, including but not limited to Acts of God, Forces of Nature, Civil Riot or Unrest, and Governmental Action that was unforeseeable by all parties at the time of the execution of this Agreement. Any delaying/failing party shall, with all reasonable diligence, attempt to remedy the cause of delay and/or failure and shall recommence all remaining duties under this Agreement within a reasonable time of such remedy. 186 14. SEVERABILITY If any Section or provision of this Agreement is held to be invalid or void, the other Sections and provisions of this Agreement shall remain in full force and effect to the greatest extent as is possible, and all remaining Sections or provisions of this Agreement shall be construed so that they are as consistent with the parties’ intents as possible. 15. MULTIPLE COUNTERPARTS This Agreement may be executed in several counterparts, all of which taken together shall constitute one single Agreement between the parties. 16. SECTION HEADINGS, EXHIBITS The Section and Subsection headings of this Agreement, as well as Section 1, Entitled “Overview,” shall not enter in the interpretation of the terms and conditions contained herein, as those portions of the Agreement are included merely for organization and ease of review. The Exhibit(s) that may be referred to herein and may be attached hereto, are incorporated herein to the same extent as if fully set forth herein. 17. WAIVER BY PARTY Unless otherwise provided in writing by the waiving party, a waiver by either of the parties to this Agreement of any covenant, term, condition, agreement, right, or duty that arises under this Agreement shall be considered a one-time waiver and shall not be construed to be a waiver of any succeeding breach thereof or any other covenant, term, condition, agreement, right, or duty that arises under this Agreement. 18. GOVERNING LAW AND VENUE THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. Any lawsuit, claim, or action, whether in law or in equity, arising from this Agreement will be brought in Hays County, Texas. 19. ASSIGNMENT Neither party to this Agreement may assign it duties, interests, rights, benefits and/or obligations under this Agreement, in whole or in part, without the other party’s prior written consent thereto. 20. BINDING EFFECT Subject to any provisions hereof restricting assignment, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors, permitted assigns, heirs, executors, and/or administrators. 21. ENTIRE AGREEMENT; AMENDMENT This Agreement (including any and all Exhibits attached hereto) constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. Any amendments to this Agreement must be made in writing and signed by the parties to this Agreement prior to the performance of any terms or conditions contained in said amendments. 187 22. WORK PRODUCT Any and all product, whether in the form of calculations, letters, findings, opinions, or the like, shall be the property of Hays County during and after performance of the Work. Contractor shall have a right to retain a copy of all Work product for record-keeping purposes. 23. TERMINATION BY COUNTY This Agreement may be terminated by Hays County, for any reason whatsoever, by providing thirty (30) days written notice to Contractor. Any approved services provided under this Agreement up to the date of termination may be invoiced by Contractor after the termination date, and payment of said invoice shall not be unreasonably withheld by the County. Signatures by the parties to this Professional Services Agreement follow on the next page. 188 IN WITNESS WHEREOF, the undersigned have duly executed and delivered this Professional Services Agreement, and hereby declare that THEY HAVE READ AND DO UNDERSTAND AND AGREE TO EACH AND EVERY TERM, CONDITION, AND COVENANT CONTAINED IN THIS AGREEMENT AND IN ANY DOCUMENT INCORPORATED BY REFERENCE. ______Hays County, Texas Cobb, Fendley & Associates, Inc. By: Ruben Becerra By: _Sandra G. Khoury, P.E.____ Hays County Judge _ Vice President ______ 189 EXHIBIT A-1 Scope of Work 190 SCOPE OF SERVICES Hays County Turnersville UTILITY COORDINATION SERVICES 1.0 Utility Coordination Utility adjustment coordination includes utility coordination meetings with individual utility companies, communication and coordination with utilities, conflict assessment and analysis, and preparation of utility agreements, including reimbursable and non-reimbursable. All utility coordination activities will be in accordance with Hays County Guidelines. There are five (5) Utilities anticipated along the project corridor, including Spectrum (formerly Time Warner Cable), Frontier Communications, Alliance Water, Pedernales Electric Cooperative Inc. and Enterprise Products. Utility adjustment coordination includes utility relocation verification, status reports and site visits. 1.1 50% Design Phase: 1. Develop Utility Contact List. CobbFendley establish contact with existing Utility Companies within and adjacent to the Project and create a utility contact list. This list will be maintained throughout the project. 2. Initial Project Notification Letters. CobbFendley will prepare and mail written notification letters to all known Utility Owners within and adjacent to the project site. A CD and/or USB will be included with the letter containing milestone design plan sheets (*.pdf and *.dgn format). 3. As-builts/Records Research. CobbFendley shall contact all known utility providers in and adjacent to the project area and request maps and/or as-builts of their existing facilities. 4. Field Reconnaissance and Data Collection. CobbFendley shall make a field visits to verify existing utility layout drawings with field conditions. 5. Existing Utility Layout. CobbFendley shall create an existing utility layout in the latest version of MicroStation V8 using base topo/survey files correlated with as-builts provided by each Utility Owner. This layout will be utilized to assist in conflict assessment, monitor necessity of relocations and evaluate alternatives. 6. 50% Conflict Assessment. CobbFendley will determine which utilities will conflict with roadway construction and County guidelines based on the 50% design plans and make the utility company aware of these conflicts. We will be reviewing for direct conflicts with proposed roadway improvements, constructability conflicts, and conflicts with current rules/guidelines. A detailed list and conflict exhibit strip map will be prepared at each of the design milestones and will be communicated with the Utility Owners and design team. 7. 50% Group Design Utility Coordination Meeting. CobbFendley shall establish contact with existing Utility Companies within and adjacent to the Project and set up a utility coordination meeting to discuss concepts and options for construction based on the 50% design plans. This meeting will include meeting preparation, travel time, meeting and follow-up meeting minutes. CobbFendley will set agenda for coordination meeting as directed by the County. 8. Quality Level B (QLB)/Quality Level A (QLA) Recommendations. CobbFendley will determine where QLB/QLA is necessary in clearing/confirming conflicts. See section 2.0 for more details on QLB/QLA. 9. Coordinate and Prepare Base Agreement Forms. CobbFendley will coordinate with Hays County 191 to determine appropriate agreement forms and permits to be used on this project for both reimbursable and non-reimbursable utility adjustments. The relevant project information will be filled-in on the agreed upon forms and forwarded on to each respective utility impacted on the project for review/use. 1.2 90% Design: 1. 90% Written Notification Letters. CobbFendley will prepare and mail written notification letters to all known Utility Owners within and adjacent to the project site. A CD and/or USB will be included with the letter containing milestone design plan sheets (*.pdf and *.dgn format). 2. Updates to Existing Utility Layout. CobbFendley shall update the existing utility layout in the latest version of MicroStation V8 using the base topo files and 90% design files. This layout will be utilized to assist in conflict assessment, monitor necessity of relocations and evaluate alternatives. 3. 90% Conflict Assessment. CobbFendley will determine which utilities will conflict with roadway construction and City guidelines based on the 90% design plans and make the utility company aware of these conflicts. We will be reviewing for direct conflicts with proposed roadway improvements, constructability conflicts, and conflicts with current rules/guidelines. A detailed list will be prepared at each of the design milestones and will be communicated with the Utility Owners and design team. 4. Evaluate Relocation Alternatives. CobbFendley will evaluate alternatives in the adjustment of utilities, balancing the needs of both the County and the Utility. 5. Individual Utility Coordination Meetings. CobbFendley will set-up utility coordination meetings with individual Utility Owners to discuss relocation plans, relocation alternatives, schedule, etc. CobbFendley will set agenda for all coordination meetings as directed by the County. Individual utility coordination meetings include meeting preparation, travel time, meeting and follow-up meeting minutes Five individual utility meetings anticipated 6. Coordinate of Reimbursable and Non-Reimbursable Adjustments. CobbFendley will assist each utility in preparing and submitting necessary permits and agreement forms for construction, including all relevant back-up documentation. 1.3 100% Design: 1. 100% Written Notification Letters. CobbFendley will prepare and mail written notification letters to all known Utility Owners within and adjacent to the project site. A CD and/or USB will be included with the letter containing milestone design plan sheets (*.pdf and *.dgn format). 2. Update Existing Utility Layout. CobbFendley shall update the existing utility layout in the latest version of MicroStation V8 using the base topo files and latest design files. This layout will be utilized to assist in final conflict assessment and as a guideline for utility relocation construction. 3. 100% Conflict Assessment. CobbFendley will determine which utilities will conflict with roadway construction and/or County guidelines, based on the latest design plans, and make the utility company aware of these conflicts. We will be reviewing for direct conflicts with proposed roadway improvements, constructability conflicts, and conflicts with current rules/guidelines. A detailed list will be prepared at each of the design milestones and will be communicated with the Utility Owners and design team. 4. Utility Schedule and Sequencing. CobbFendley will review the utility adjustment schedule in relation to construction sequencing and schedule for timely relocation of the utility. 192 5. Secure Reimbursable and Non-Reimbursable Adjustments. If a utility is located within an easement, the utility company may have a compensable interest. The utility company must furnish a copy of their easement document. CobbFendley will determine whether a compensable interest exists and the owner’s degree of eligibility. Four anticipated CobbFendley will prepare a packaged agreement utilizing Hays County reimbursement agreement forms, plans on 11x17 sheets, easement documentation (if applicable), estimate and schedule of work. We will submit a copy of the reimbursement package to the Hays County by letter recommending approval (3 copies of each). Two anticipated reimbursable agreements The utility shall be reimbursed all cost incurred within their easement limits for replacement in kind. CobbFendley will assist each non-reimbursable utility in preparing and submitting necessary County permits for construction. CobbFendley shall review utility relocation plans to ensure compliance with County design criteria and to ensure that the proposed relocation will not conflict with proposed roadway improvements. Relocation plan reviews are for compliance with proposed location data. The responsibility for quality and accuracy of utility adjustment plans will remain with the Utility Company. 6. Process Utility Reimbursement Payment Requests. CobbFendley shall review utility payment requests to verify complete with all necessary support documentation required for reimbursement. CobbFendley will review for accuracy and coordinate with the utility owner on any items missing or needing further clarification. CobbFendley will compile final utility billing package and submit to Hays County for final approval and processing. Two anticipated payment requests 1.5 Utility Relocation Observation: 1. Preconstruction meeting. Go over utility relocations and confirm alignments, utility clearance dates and schedule. Assuming two preconstruction meetings 2. Construction Observation & Verification. Includes the utility location installation verification, monitoring, reporting, and as-built surveying as required for the County. The Utility Engineer shall field verify all utility adjustments to ensure that the new facilities are located according to plans and specifications. The Engineer shall review all payment requests for conformance with the utility estimate and verify the work has been performed. The Engineer shall notify the County when Engineer becomes aware of the demobilization, or before the demobilization process ends. The Engineer shall develop and maintain a detailed project schedule to track project status. The schedule submittals shall be hard copy and electronic format. The Engineer shall meet on a scheduled basis with the County to review project progress, prepare, distribute, and file both written and electronic correspondence. The Engineer shall document phone calls and conference calls as required during the project to coordinate the work for various team members. Assuming six hours per week for four weeks of construction 3. Weekly Observation Reports. The Engineer shall provide the County with a status report for all 193 utility adjustments on a monthly basis. The County will provide the status report format to the Engineer. Assuming ten reports 4. As-built Survey. The Engineer shall survey all significant features of the proposed relocation and provide that information to the County. Assuming six hours per week for four weeks of construction 2.0 Subsurface Utility Engineering (SUE): Utility Quality Levels are defined in cumulative order (least to greatest): Quality Level D - Existing Records: Utilities are plotted from review of available existing records Quality Level C - Surface Visible Feature Survey: Quality Level "D" information from existing records is correlated with surveyed surface-visible features. Quality Level B - Designate: Two-dimensional horizontal mapping. This information is obtained through the application and interpretation of appropriate non-destructive surface geophysical methods. Utility indications may be referenced to established survey control. Level B SUE does not include inventory of overhead utilities and does not include investigation of storm drains or culverts. Additional description of services, methodology and equipment is below. Quality Level A - Locate (Test Hole): Three-dimensional mapping and other characterization data. This information is obtained through exposing utility facilities through test holes and measuring and recording (to appropriate survey control) utility/environment data 2.1 Designate (Quality Level B): Designate means to indicate the horizontal location of underground utilities by the application and interpretation of appropriate non-destructive surface geophysical techniques and reference to established survey control. Designate (Quality Level B) Services. It is anticipated that Level B SUE will be required along the project corridor. CobbFendley shall: 1. Use records and utility layout generated by performance of UC task to assist on field work. 2. Coordinate with utility owner when utility owner's policy is to designate their own facilities at no cost for preliminary survey purposes. The Engineer shall examine utility owner's work to ensure accuracy and completeness. 3. Designate, record, and mark the horizontal and vertical location of the existing utility facilities using non-destructive surface geophysical techniques. No storm sewer facilities are to be designated. A non-water base paint, utilizing the APWA color code scheme, shall be used on all surface markings of underground utilities. 4. Correlate utility owner records with designating data and resolve discrepancies using professional judgment 5. Survey SUE field markings. Tie survey to existing site survey control. Client will provide control. 194 6. Draft a color-coded composite utility facility plan with utility owner names, quality levels, and if available line sizes. Line sizes will be from record information. This information shall be provided in Micro Station (or if required AutoCAD). Client will provide base files for drafting (e.g. existing topo, edge of pavement, right of way and alignment files in dgn or dwg format.) Assuming two utilities the length of the project 2.2 Level A Test Holes: In locations where the depth of identified buried utilities is required, CobbFendley will perform FHWA Level A vacuum test holes. This proposal assumes we will perform up to two (2) Level A Test Holes. To efficiently excavate holes in the correct locations, target utilities will be designated in the immediate vicinity of each proposed location prior to excavation. Holes are excavated using nondestructive compressed air and vacuum technique. If target utilities are non-conductive (eg: PVC water lines) or site conditions mean they are otherwise difficult to find, hydrovac excavation can be used to perform slot trenching to locate the line. Hydrovac excavation incurs additional cost and is not included in this scope and fee. Conventional compressed air vacuum excavation will be performed as follows: 1. Coordinate with Client to determine location of proposed test holes. Client will provide any right of entry permission or permits that are required. 2. Using non-destructive surface geophysical techniques, designate target utilities at each proposed hole location. Designate means to identify and mark tone-able utilities. Tone-able utilities are typically utilities that are conductive or internally accessible with a traceable fish tape or sonde. 3. Comply with policies for the prevention of underground utility damage (i.e., one-call system) 4. Vacuum excavate to measure and record the depth and location of found items. Test holes do not typically exceed 1 square ft unless unusual circumstances exist. CobbFendley accepts no responsibility for contaminated soils should they be encountered during excavation. CobbFendley does not take ownership of any excavated material. 5. Record depth of the utility, line size, line material, condition of the line, type of soil around the line. Provide markers at each utility location. 6. Backfill the hole. Compact in lifts. Restore pavement. 7. Survey utility test hole locations and tie to existing project survey control. Client will provide survey control. 8. Draft surveyed information onto project base map. Client will provide base map file (typically topo or alignment file) in AutoCAD or MicroStation format. Assuming two test holes “Standard traffic control” is performed by CobbFendley and is included in our rates. Standard traffic control can be described as that necessary for manhole entry or short-term access to utility features located in the roadway. However, depending on the location of proposed test holes ‘non-standard’ traffic control may be required (lane closures, police officer present, arrow board, etc.) these services will be considered extra. 195 EXHIBIT B Fee/Rate Schedule FEE SCHEDULE SHALL BE INSERTED AT THE TIME OF AGREEMENT/CONTRACT EXECUTION 196 -- EXHIBIT “C” -- Additional Terms to the Services provided by Contractor, if any, are as follows: A. N/A B.______ C.______ D.______ E.______ F.______ G.______ H.______ I.______ J.______ K.______ L.______ 197 EXHIBIT D Certificate of Insurance 198 Client#: 153896 COBBFEND DATE (MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 5/19/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Shelly Brandman/Michelle Weweh USI Southwest PHONE FAX (A/C, No, Ext): 713 490-4600 (A/C, No): 713 490-4700 9811 Katy Freeway, Suite 500 E-MAIL ADDRESS: [email protected] Houston, TX 77024 INSURER(S) AFFORDING COVERAGE NAIC # 713 490-4600 INSURER A : National Fire Insurance Co. of Hartford 20478 INSURED INSURER B : Continental Insurance Co. of NJ 42625 Cobb, Fendley & Associates, Inc. INSURER C : Valley Forge Insurance Company 20508 13430 Northwest Frwy Ste 1100 INSURER D : Berkley Insurance Company 32603 Houston, TX 77040 INSURER E : Continental Casualty Company 20443 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS AX COMMERCIAL GENERAL LIABILITY 6072140890 07/10/2018 07/10/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADEX OCCUR PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- POLICY X JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E 6072140873 07/10/2018 07/10/2019 (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) $ B X UMBRELLA LIAB X OCCUR 6072140839 07/10/2018 07/10/2019 EACH OCCURRENCE $12,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $12,000,000 DEDX RETENTION $ 10,000 $ WORKERS COMPENSATION PER OTH- C 6072140842 07/10/2018 07/10/2019 X STATUTE ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 D Professional AEC902141903 07/10/2018 07/10/2019 $5,000,000 Per Claim Liability $5,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability and Automobile Liability policies includes an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability and Automobile Liability policies contain a special endorsement with "Primary and (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Office of General County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Hays County Courthouse ACCORDANCE WITH THE POLICY PROVISIONS. 110 East San Antonio, Suite 202 San Marcos, TX 78666 AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. 199 ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S25700530/M23473646 SQAZP DESCRIPTIONS (Continued from Page 1) Noncontributory" wording. The General Liability, Automobile, Workers Compensation, and Professional Liability policies provide a Blanket Waiver of Subrogation when required by written contract. The General Liability, Automobile, Workers Compensation, Umbrella Liability, and Professional Liability policies include an endorsement providing that 30 days notice of cancellation for reasons other than nonpayment of premium and 10 days notice of cancellation for nonpayment of premium will be given to the Certificate Holder by the Insurance Carrier. The Umbrella Liability policy follows form. RE: Professional Services Agreement, Utility Coordination Projects. Additional insured includes: Hays County. SAGITTA 25.3 (2016/03) 2 of 2 200 #S25700530/M23473646 PROFESSIONAL SERVICES AGREEMENT HAYS COUNTY, TEXAS HAYS COUNTY, a political subdivision of the State of Texas (hereinafter the “County”) with administrative offices at 111 E. San Antonio, Suite 300, San Marcos, Texas 78666, and Cobb, Fendley & Associates, Inc. hereinafter “Contractor”), whose primary place of business is located at 505 E. Huntland Drive, Suite 100, Austin, Texas 78752, hereby enter into this Professional Services Agreement (hereinafter “Agreement”) effective the ___ day of ______, 20__ (hereinafter “Effective Date”). The County and Contractor (collectively “the parties to this Agreement” or “the parties”) agree as follows: 1. OVERVIEW Utility Coordination, Subsurface Utility Engineering and Utility Relocation Observation for Cotton Gin Road at Porter Creek 2. SERVICES Contractor agrees to perform services for the County in accordance with the County’s instructions and, in particular, the instructions of Jerry Borcherding P.E., County Transportation Director and/or legal counsel for the Hays County Commissioners Court; and in conformance with the descriptions, definitions, terms, and conditions of this Agreement. The Scope of Services shall be limited to those services and terms attached hereto as Exhibit “A”, and any subsections of Exhibit “A”, if as and when they are attached hereto and signed by the parties (collectively “the Work”). If the parties to this Agreement amend the Work required under this Agreement (by adding or removing specific services and/or terms enumerated in Exhibits “A” and/or “C”), the Compensation cited in Section 5 of this Agreement may also be amended to conform with the change in Scope of Services, as agreed by the parties. 3. ADDITIONAL TERMS Additional Terms and Obligations of the parties to this Agreement, if any, are stated in Exhibit “C”, attached hereto. 4. DURATION The parties agree that the Work shall be completed 03/01/2020 ( 300 ) days after commencement date. (hereinafter the “Completion Date”). In the event that Contractor is unable to complete the Work by the Completion Date, Contractor shall request an extension of the Completion Date in writing no later than fifteen (15) business days prior to the Completion Date. The County may grant extensions of the Completion Date for all reasonable extension requests and shall do so in writing. 5. COMPENSATION Contractor will be compensated for the Work on an hourly-charge basis, the terms of which are cited in Contractors rate schedule, which is attached hereto as Exhibit “B.” Despite any reference to Contractors rate schedule, which shall be used to calculate monthly invoice amounts under this Agreement or a change in the Scope of Services (i.e. 201 Amendment), the parties agree that the County shall pay Contractor a total fee not to exceed Twenty-Six Thousand, One-Hundred and Thirty dollars ($ 26,130 USD) for the Work under this Agreement. 6. PAYMENT Contractor shall invoice the County for the Work performed under this Agreement on a monthly basis, beginning at the end of the first full month following the Effective Date. The County agrees to promptly pay all invoices in accordance with Texas Government Code Chapter 2251 and by sending payment to Contractor’s address stated in Section 8, below. 7. NOTICE OF COMPLETION Upon completion of the Work, Contractor shall send a Notice of Completion to the County in writing, and the County shall have the option to inspect the Work (or the product thereof) before it is considered complete under this Agreement. If the County is satisfied that the Work under this Agreement is complete, the County shall send Contractor an Acceptance of Completion in writing. If, after inspection, the County does not agree that the Work is complete or believes that the Work is of deficient quality, the County shall send Contractor a Deficiency Letter, stating the specific aspects of the Work that are incomplete and/or deficient. If, after ten (10) business days from the County’s receipt of Contractor’s Notice of Completion, the County does not send Contractor either an Acceptance of Completion or a Deficiency Letter, the Work under this Agreement shall be considered complete. 8. NOTICE (GENERAL) All notices issued by Contractor under or regarding this Agreement shall be provided in writing to the County at: Hays County, Attn: County Judge, 111 E. San Antonio, Suite 300, San Marcos, Texas 78666; < [email protected]>. All notices issued by the County under or regarding this Agreement shall be provided in writing to Contractor at its primary place of business. Notices from one party to another under this Section may be made by U.S. Mail, parcel post, Facsimile, or Electronic Mail, sent to the designated contact at any of the designated addresses cited above. 9. INSURANCE Contractor agrees that, during the performance of all terms and conditions of this Agreement, from the Effective Date until the County’s acceptance of Contractor’s Notice of Completion or until this Agreement is otherwise considered completed as a matter of law, Contractor shall, at its sole expense, provide and maintain Commercial General Liability insurance that meets or exceeds the industry standard for professional services providers in Contractor’s field of employment and for the type of services that are being performed by Contractor under this Agreement. Such insurance coverage shall specifically name the COUNTY as co-insured. This insurance coverage shall cover all perils arising from the activities of Contractor, its officers, directors, employees, agents or sub-contractors, relative to this Agreement. Contractor shall be responsible for any deductibles stated in the policy. A copy of the current Certificate of Liability Insurance is 202 attached hereto as Exhibit “D”. A true copy of each new Certificate of Liability Insurance shall be provided to the COUNTY within seven (7) of the new policy date at the following address: Office of General County, Hays County Courthouse, 110 East San Antonio, Suite 202, San Marcos, Texas 78666. So long as this Agreement is in effect, Contractor shall not cause such insurance to be canceled nor permit such insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be canceled, reduced, restricted or otherwise limited until thirty (30) days after the COUNTY has received written notice as evidenced by a return receipt of registered or certified mail (10 days’ notice for cancellation due to non-payment of premium). 10. MUTUAL INDEMNITY Contractor agrees, to the fullest extent permitted by law, to indemnify and hold harmless the County, its officers, directors and employees against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by Contractor’s negligent performance of the Work under this Agreement and that of its subcontractors or anyone for whom the Consultant is responsible or legally liable. The County agrees, to the fullest extent permitted by law, to indemnify and hold harmless Contractor, its officers, directors, employees and subcontractors against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the County's negligent acts in connection with this Agreement. Neither the County nor Contractor shall be obligated to indemnify the other party in any manner whatsoever for the other party's negligence. 11. COMPLIANCE WITH LAWS Each party agrees to comply with all laws, regulations, rules, and ordinances applicable to this Agreement and/or applicable to the parties performing the terms and conditions of this Agreement. 12. SURVIVAL Notwithstanding any termination of this Agreement, the following Sections, and the terms and conditions contained therein, shall remain in effect: 3, 5, 8, 10, 12, 14, 15, 16, 17, 18, 20, 21 and 22. 13. FORCE MAJEURE Either of the parties to this Agreement shall be excused from any delays and/or failures in the performance of the terms and conditions of this agreement, to the extent that such delays and/or failures result from causes beyond the delaying/failing party’s reasonable control, including but not limited to Acts of God, Forces of Nature, Civil Riot or Unrest, and Governmental Action that was unforeseeable by all parties at the time of the execution of this Agreement. Any delaying/failing party shall, with all reasonable diligence, attempt to remedy the cause of delay and/or failure and shall recommence all remaining duties under this Agreement within a reasonable time of such remedy. 203 14. SEVERABILITY If any Section or provision of this Agreement is held to be invalid or void, the other Sections and provisions of this Agreement shall remain in full force and effect to the greatest extent as is possible, and all remaining Sections or provisions of this Agreement shall be construed so that they are as consistent with the parties’ intents as possible. 15. MULTIPLE COUNTERPARTS This Agreement may be executed in several counterparts, all of which taken together shall constitute one single Agreement between the parties. 16. SECTION HEADINGS, EXHIBITS The Section and Subsection headings of this Agreement, as well as Section 1, Entitled “Overview,” shall not enter in the interpretation of the terms and conditions contained herein, as those portions of the Agreement are included merely for organization and ease of review. The Exhibit(s) that may be referred to herein and may be attached hereto, are incorporated herein to the same extent as if fully set forth herein. 17. WAIVER BY PARTY Unless otherwise provided in writing by the waiving party, a waiver by either of the parties to this Agreement of any covenant, term, condition, agreement, right, or duty that arises under this Agreement shall be considered a one-time waiver and shall not be construed to be a waiver of any succeeding breach thereof or any other covenant, term, condition, agreement, right, or duty that arises under this Agreement. 18. GOVERNING LAW AND VENUE THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. Any lawsuit, claim, or action, whether in law or in equity, arising from this Agreement will be brought in Hays County, Texas. 19. ASSIGNMENT Neither party to this Agreement may assign it duties, interests, rights, benefits and/or obligations under this Agreement, in whole or in part, without the other party’s prior written consent thereto. 20. BINDING EFFECT Subject to any provisions hereof restricting assignment, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors, permitted assigns, heirs, executors, and/or administrators. 21. ENTIRE AGREEMENT; AMENDMENT This Agreement (including any and all Exhibits attached hereto) constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. Any amendments to this Agreement must be made in writing and signed by the parties to this Agreement prior to the performance of any terms or conditions contained in said amendments. 204 22. WORK PRODUCT Any and all product, whether in the form of calculations, letters, findings, opinions, or the like, shall be the property of Hays County during and after performance of the Work. Contractor shall have a right to retain a copy of all Work product for record-keeping purposes. 23. TERMINATION BY COUNTY This Agreement may be terminated by Hays County, for any reason whatsoever, by providing thirty (30) days written notice to Contractor. Any approved services provided under this Agreement up to the date of termination may be invoiced by Contractor after the termination date, and payment of said invoice shall not be unreasonably withheld by the County. Signatures by the parties to this Professional Services Agreement follow on the next page. 205 IN WITNESS WHEREOF, the undersigned have duly executed and delivered this Professional Services Agreement, and hereby declare that THEY HAVE READ AND DO UNDERSTAND AND AGREE TO EACH AND EVERY TERM, CONDITION, AND COVENANT CONTAINED IN THIS AGREEMENT AND IN ANY DOCUMENT INCORPORATED BY REFERENCE. ______Hays County, Texas Cobb, Fendley & Associates, Inc. By: Ruben Becerra By: _Sandra G. Khoury, P.E.____ Hays County Judge _ Vice President ______ 206 EXHIBIT A-1 Scope of Work 207 SCOPE OF SERVICES Hays County Cotton Gin at Porter Creek UTILITY COORDINATION SERVICES 1.0 Utility Coordination Utility adjustment coordination includes utility coordination meetings with individual utility companies, communication and coordination with utilities, conflict assessment and analysis, and preparation of utility agreements, including reimbursable and non-reimbursable. All utility coordination activities will be in accordance with Hays County Guidelines. There are four (4) Utilities anticipated along the project corridor, including Spectrum (formerly Time Warner Cable), Frontier Communications, Pedernales Electric Cooperative Inc. and Enterprise Products. Utility adjustment coordination includes utility relocation verification, status reports and site visits. 1.1 90% Design Phase: 1. Develop Utility Contact List. CobbFendley establish contact with existing Utility Companies within and adjacent to the Project and create a utility contact list. This list will be maintained throughout the project. 2. Initial Project Notification Letters. CobbFendley will prepare and mail written notification letters to all known Utility Owners within and adjacent to the project site. A CD and/or USB will be included with the letter containing milestone design plan sheets (*.pdf and *.dgn format). 3. As-builts/Records Research. CobbFendley shall contact all known utility providers in and adjacent to the project area and request maps and/or as-builts of their existing facilities. 4. Field Reconnaissance and Data Collection. CobbFendley shall make a field visits to verify existing utility layout drawings with field conditions. 5. Existing Utility Layout. CobbFendley shall create an existing utility layout in the latest version of MicroStation V8 using base topo/survey files correlated with as-builts provided by each Utility Owner. This layout will be utilized to assist in conflict assessment, monitor necessity of relocations and evaluate alternatives. 6. 90% Conflict Assessment. CobbFendley will determine which utilities will conflict with roadway construction and County guidelines based on the 90% design plans and make the utility company aware of these conflicts. We will be reviewing for direct conflicts with proposed roadway improvements, constructability conflicts, and conflicts with current rules/guidelines. A detailed list and conflict exhibit strip map will be prepared at each of the design milestones and will be communicated with the Utility Owners and design team. 7. 90% Group Design Utility Coordination Meeting. CobbFendley shall establish contact with existing Utility Companies within and adjacent to the Project and set up a utility coordination meeting to discuss concepts and options for construction based on the 90% design plans. This meeting will include meeting preparation, travel time, meeting and follow-up meeting minutes. CobbFendley will set agenda for coordination meeting as directed by the County. One group utility meeting anticipated 8. Quality Level B (QLB)/Quality Level A (QLA) Recommendations. CobbFendley will determine where QLB/QLA is necessary in clearing/confirming conflicts. See section 2.0 for more details on 208 QLB/QLA. 9. Coordinate and Prepare Base Agreement Forms. CobbFendley will coordinate with Hays County to determine appropriate agreement forms and permits to be used on this project for both reimbursable and non-reimbursable utility adjustments. The relevant project information will be filled-in on the agreed upon forms and forwarded on to each respective utility impacted on the project for review/use. 10. Evaluate Relocation Alternatives. CobbFendley will evaluate alternatives in the adjustment of utilities, balancing the needs of both the County and the Utility. 1.2 100% Design: 1. 100% Written Notification Letters. CobbFendley will prepare and mail written notification letters to all known Utility Owners within and adjacent to the project site. A CD and/or USB will be included with the letter containing milestone design plan sheets (*.pdf and *.dgn format). 2. Update Existing Utility Layout. CobbFendley shall update the existing utility layout in the latest version of MicroStation V8 using the base topo files and latest design files. This layout will be utilized to assist in final conflict assessment and as a guideline for utility relocation construction. 3. 100% Conflict Assessment. CobbFendley will determine which utilities will conflict with roadway construction and/or County guidelines, based on the latest design plans, and make the utility company aware of these conflicts. We will be reviewing for direct conflicts with proposed roadway improvements, constructability conflicts, and conflicts with current rules/guidelines. A detailed list will be prepared at each of the design milestones and will be communicated with the Utility Owners and design team. 4. Utility Schedule and Sequencing. CobbFendley will review the utility adjustment schedule in relation to construction sequencing and schedule for timely relocation of the utility. 5. Secure Reimbursable and Non-Reimbursable Adjustments. If a utility is located within an easement, the utility company may have a compensable interest. The utility company must furnish a copy of their easement document. CobbFendley will determine whether a compensable interest exists and the owner’s degree of eligibility. Four anticipated CobbFendley will prepare a packaged agreement utilizing Hays County reimbursement agreement forms, plans on 11x17 sheets, easement documentation (if applicable), estimate and schedule of work. We will submit a copy of the reimbursement package to the Hays County by letter recommending approval (3 copies of each). Two anticipated reimbursable agreements The utility shall be reimbursed all cost incurred within their easement limits for replacement in kind. CobbFendley will assist each non-reimbursable utility in preparing and submitting necessary County permits for construction. CobbFendley shall review utility relocation plans to ensure compliance with County design criteria and to ensure that the proposed relocation will not conflict with proposed roadway improvements. Relocation plan reviews are for compliance with proposed location data. The responsibility for quality and accuracy of utility adjustment plans will remain with the Utility Company. 209 6. Process Utility Reimbursement Payment Requests. CobbFendley shall review utility payment requests to verify complete with all necessary support documentation required for reimbursement. CobbFendley will review for accuracy and coordinate with the utility owner on any items missing or needing further clarification. CobbFendley will compile final utility billing package and submit to Hays County for final approval and processing. Two anticipated payment requests 1.3 Utility Relocation Observation: 1. Preconstruction meeting. Go over utility relocations and confirm alignments, utility clearance dates and schedule. Assuming two preconstruction meetings 2. Construction Observation & Verification. Includes the utility location installation verification, monitoring, reporting, and as-built surveying as required for the County. The Utility Engineer shall field verify all utility adjustments to ensure that the new facilities are located according to plans and specifications. The Engineer shall review all payment requests for conformance with the utility estimate and verify the work has been performed. The Engineer shall notify the County when Engineer becomes aware of the demobilization, or before the demobilization process ends. The Engineer shall develop and maintain a detailed project schedule to track project status. The schedule submittals shall be hard copy and electronic format. The Engineer shall meet on a scheduled basis with the County to review project progress, prepare, distribute, and file both written and electronic correspondence. The Engineer shall document phone calls and conference calls as required during the project to coordinate the work for various team members. Assuming six hours per week for four weeks of construction 3. Weekly Observation Reports. The Engineer shall provide the County with a status report for all utility adjustments on a monthly basis. The County will provide the status report format to the Engineer. Assuming ten reports 4. As-built Survey. The Engineer shall survey all significant features of the proposed relocation and provide that information to the County. Assuming six hours per week for four weeks of construction 2.0 Subsurface Utility Engineering (SUE): Utility Quality Levels are defined in cumulative order (least to greatest): Quality Level D - Existing Records: Utilities are plotted from review of available existing records Quality Level C - Surface Visible Feature Survey: Quality Level "D" information from existing records is correlated with surveyed surface-visible features. Quality Level B - Designate: Two-dimensional horizontal mapping. This information is obtained through the application and interpretation of appropriate non-destructive surface geophysical methods. Utility indications may be referenced to established survey control. Level B SUE does not include inventory of overhead utilities and does not include investigation of storm drains or culverts. 210 Additional description of services, methodology and equipment is below. Quality Level A - Locate (Test Hole): Three-dimensional mapping and other characterization data. This information is obtained through exposing utility facilities through test holes and measuring and recording (to appropriate survey control) utility/environment data 2.1 Designate (Quality Level B): Designate means to indicate the horizontal location of underground utilities by the application and interpretation of appropriate non-destructive surface geophysical techniques and reference to established survey control. Designate (Quality Level B) Services. It is anticipated that Level B SUE will be required along the project corridor. CobbFendley shall: 1. Use records and utility layout generated by performance of UC task to assist on field work. 2. Coordinate with utility owner when utility owner's policy is to designate their own facilities at no cost for preliminary survey purposes. The Engineer shall examine utility owner's work to ensure accuracy and completeness. 3. Designate, record, and mark the horizontal and vertical location of the existing utility facilities using non-destructive surface geophysical techniques. No storm sewer facilities are to be designated. A non-water base paint, utilizing the APWA color code scheme, shall be used on all surface markings of underground utilities. 4. Correlate utility owner records with designating data and resolve discrepancies using professional judgment 5. Survey SUE field markings. Tie survey to existing site survey control. Client will provide control. 6. Draft a color-coded composite utility facility plan with utility owner names, quality levels, and if available line sizes. Line sizes will be from record information. This information shall be provided in Micro Station (or if required AutoCAD). Client will provide base files for drafting (e.g. existing topo, edge of pavement, right of way and alignment files in dgn or dwg format.) Assuming two utilities the length of the project 2.2 Level A Test Holes: In locations where the depth of identified buried utilities is required, CobbFendley will perform FHWA Level A vacuum test holes. This proposal assumes we will perform up to two (2) Level A Test Holes. To efficiently excavate holes in the correct locations, target utilities will be designated in the immediate vicinity of each proposed location prior to excavation. Holes are excavated using nondestructive compressed air and vacuum technique. If target utilities are non-conductive (eg: PVC water lines) or site conditions mean they are otherwise difficult to find, hydrovac excavation can be used to perform slot trenching to locate the line. Hydrovac excavation incurs additional cost and is not included in this scope and fee. Conventional compressed air vacuum excavation will be performed as follows: 1. Coordinate with Client to determine location of proposed test holes. Client will provide any right of entry permission or permits that are required. 211 2. Using non-destructive surface geophysical techniques, designate target utilities at each proposed hole location. Designate means to identify and mark tone-able utilities. Tone-able utilities are typically utilities that are conductive or internally accessible with a traceable fish tape or sonde. 3. Comply with policies for the prevention of underground utility damage (i.e., one-call system) 4. Vacuum excavate to measure and record the depth and location of found items. Test holes do not typically exceed 1 square ft unless unusual circumstances exist. CobbFendley accepts no responsibility for contaminated soils should they be encountered during excavation. CobbFendley does not take ownership of any excavated material. 5. Record depth of the utility, line size, line material, condition of the line, type of soil around the line. Provide markers at each utility location. 6. Backfill the hole. Compact in lifts. Restore pavement. 7. Survey utility test hole locations and tie to existing project survey control. Client will provide survey control. 8. Draft surveyed information onto project base map. Client will provide base map file (typically topo or alignment file) in AutoCAD or MicroStation format. Assuming two test holes “Standard traffic control” is performed by CobbFendley and is included in our rates. Standard traffic control can be described as that necessary for manhole entry or short-term access to utility features located in the roadway. However, depending on the location of proposed test holes ‘non-standard’ traffic control may be required (lane closures, police officer present, arrow board, etc.) these services will be considered extra. 212 EXHIBIT B Fee/Rate Schedule FEE SCHEDULE SHALL BE INSERTED AT THE TIME OF AGREEMENT/CONTRACT EXECUTION 213 -- EXHIBIT “C” -- Additional Terms to the Services provided by Contractor, if any, are as follows: A. N/A B.______ C.______ D.______ E.______ F.______ G.______ H.______ I.______ J.______ K.______ L.______ 214 EXHIBIT D Certificate of Insurance 215 Client#: 153896 COBBFEND DATE (MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 5/19/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Shelly Brandman/Michelle Weweh USI Southwest PHONE FAX (A/C, No, Ext): 713 490-4600 (A/C, No): 713 490-4700 9811 Katy Freeway, Suite 500 E-MAIL ADDRESS: [email protected] Houston, TX 77024 INSURER(S) AFFORDING COVERAGE NAIC # 713 490-4600 INSURER A : National Fire Insurance Co. of Hartford 20478 INSURED INSURER B : Continental Insurance Co. of NJ 42625 Cobb, Fendley & Associates, Inc. INSURER C : Valley Forge Insurance Company 20508 13430 Northwest Frwy Ste 1100 INSURER D : Berkley Insurance Company 32603 Houston, TX 77040 INSURER E : Continental Casualty Company 20443 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS AX COMMERCIAL GENERAL LIABILITY 6072140890 07/10/2018 07/10/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADEX OCCUR PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- POLICY X JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E 6072140873 07/10/2018 07/10/2019 (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) $ B X UMBRELLA LIAB X OCCUR 6072140839 07/10/2018 07/10/2019 EACH OCCURRENCE $12,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $12,000,000 DEDX RETENTION $10,000 $ WORKERS COMPENSATION PER OTH- C 6072140842 07/10/2018 07/10/2019 X STATUTE ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 D Professional AEC902141903 07/10/2018 07/10/2019 $5,000,000 Per Claim Liability $5,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability and Automobile Liability policies includes an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability and Automobile Liability policies contain a special endorsement with "Primary and (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Office of General County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Hays County Courthouse ACCORDANCE WITH THE POLICY PROVISIONS. 110 East San Antonio, Suite 202 San Marcos, TX 78666 AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. 216 ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S25700530/M23473646 SQAZP DESCRIPTIONS (Continued from Page 1) Noncontributory" wording. The General Liability, Automobile, Workers Compensation, and Professional Liability policies provide a Blanket Waiver of Subrogation when required by written contract. The General Liability, Automobile, Workers Compensation, Umbrella Liability, and Professional Liability policies include an endorsement providing that 30 days notice of cancellation for reasons other than nonpayment of premium and 10 days notice of cancellation for nonpayment of premium will be given to the Certificate Holder by the Insurance Carrier. The Umbrella Liability policy follows form. RE: Professional Services Agreement, Utility Coordination Projects. Additional insured includes: Hays County. SAGITTA 25.3 (2016/03) 2 of 2 217 #S25700530/M23473646 PROFESSIONAL SERVICES AGREEMENT HAYS COUNTY, TEXAS HAYS COUNTY, a political subdivision of the State of Texas (hereinafter the “County”) with administrative offices at 111 E. San Antonio, Suite 300, San Marcos, Texas 78666, and Cobb, Fendley & Associates, Inc. hereinafter “Contractor”), whose primary place of business is located at 505 E. Huntland Drive, Suite 100, Austin, Texas 78752, hereby enter into this Professional Services Agreement (hereinafter “Agreement”) effective the ___ day of ______, 20__ (hereinafter “Effective Date”). The County and Contractor (collectively “the parties to this Agreement” or “the parties”) agree as follows: 1. OVERVIEW Utility Coordination, Subsurface Utility Engineering and Utility Relocation Construction for Grist Mill Road at Plum Creek 2. SERVICES Contractor agrees to perform services for the County in accordance with the County’s instructions and, in particular, the instructions of Jerry Borcherding P.E., County Transportation Director and/or legal counsel for the Hays County Commissioners Court; and in conformance with the descriptions, definitions, terms, and conditions of this Agreement. The Scope of Services shall be limited to those services and terms attached hereto as Exhibit “A”, and any subsections of Exhibit “A”, if as and when they are attached hereto and signed by the parties (collectively “the Work”). If the parties to this Agreement amend the Work required under this Agreement (by adding or removing specific services and/or terms enumerated in Exhibits “A” and/or “C”), the Compensation cited in Section 5 of this Agreement may also be amended to conform with the change in Scope of Services, as agreed by the parties. 3. ADDITIONAL TERMS Additional Terms and Obligations of the parties to this Agreement, if any, are stated in Exhibit “C”, attached hereto. 4. DURATION The parties agree that the Work shall be completed 03/01/2020 ( 300 ) days after commencement date. (hereinafter the “Completion Date”). In the event that Contractor is unable to complete the Work by the Completion Date, Contractor shall request an extension of the Completion Date in writing no later than fifteen (15) business days prior to the Completion Date. The County may grant extensions of the Completion Date for all reasonable extension requests and shall do so in writing. 5. COMPENSATION Contractor will be compensated for the Work on an hourly-charge basis, the terms of which are cited in Contractors rate schedule, which is attached hereto as Exhibit “B.” Despite any reference to Contractors rate schedule, which shall be used to calculate monthly invoice amounts under this Agreement or a change in the Scope of Services (i.e. 218 Amendment), the parties agree that the County shall pay Contractor a total fee not to exceed Twenty-Eight Thousand, Two-Hundred and Seventy dollars ($ 28,270 USD) for the Work under this Agreement. 6. PAYMENT Contractor shall invoice the County for the Work performed under this Agreement on a monthly basis, beginning at the end of the first full month following the Effective Date. The County agrees to promptly pay all invoices in accordance with Texas Government Code Chapter 2251 and by sending payment to Contractor’s address stated in Section 8, below. 7. NOTICE OF COMPLETION Upon completion of the Work, Contractor shall send a Notice of Completion to the County in writing, and the County shall have the option to inspect the Work (or the product thereof) before it is considered complete under this Agreement. If the County is satisfied that the Work under this Agreement is complete, the County shall send Contractor an Acceptance of Completion in writing. If, after inspection, the County does not agree that the Work is complete or believes that the Work is of deficient quality, the County shall send Contractor a Deficiency Letter, stating the specific aspects of the Work that are incomplete and/or deficient. If, after ten (10) business days from the County’s receipt of Contractor’s Notice of Completion, the County does not send Contractor either an Acceptance of Completion or a Deficiency Letter, the Work under this Agreement shall be considered complete. 8. NOTICE (GENERAL) All notices issued by Contractor under or regarding this Agreement shall be provided in writing to the County at: Hays County, Attn: County Judge, 111 E. San Antonio, Suite 300, San Marcos, Texas 78666; < [email protected]>. All notices issued by the County under or regarding this Agreement shall be provided in writing to Contractor at its primary place of business. Notices from one party to another under this Section may be made by U.S. Mail, parcel post, Facsimile, or Electronic Mail, sent to the designated contact at any of the designated addresses cited above. 9. INSURANCE Contractor agrees that, during the performance of all terms and conditions of this Agreement, from the Effective Date until the County’s acceptance of Contractor’s Notice of Completion or until this Agreement is otherwise considered completed as a matter of law, Contractor shall, at its sole expense, provide and maintain Commercial General Liability insurance that meets or exceeds the industry standard for professional services providers in Contractor’s field of employment and for the type of services that are being performed by Contractor under this Agreement. Such insurance coverage shall specifically name the COUNTY as co-insured. This insurance coverage shall cover all perils arising from the activities of Contractor, its officers, directors, employees, agents or sub-contractors, relative to this Agreement. Contractor shall be responsible for any deductibles stated in the policy. A copy of the current Certificate of Liability Insurance is 219 attached hereto as Exhibit “D”. A true copy of each new Certificate of Liability Insurance shall be provided to the COUNTY within seven (7) of the new policy date at the following address: Office of General County, Hays County Courthouse, 110 East San Antonio, Suite 202, San Marcos, Texas 78666. So long as this Agreement is in effect, Contractor shall not cause such insurance to be canceled nor permit such insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be canceled, reduced, restricted or otherwise limited until thirty (30) days after the COUNTY has received written notice as evidenced by a return receipt of registered or certified mail (10 days’ notice for cancellation due to non-payment of premium). 10. MUTUAL INDEMNITY Contractor agrees, to the fullest extent permitted by law, to indemnify and hold harmless the County, its officers, directors and employees against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by Contractor’s negligent performance of the Work under this Agreement and that of its subcontractors or anyone for whom the Consultant is responsible or legally liable. The County agrees, to the fullest extent permitted by law, to indemnify and hold harmless Contractor, its officers, directors, employees and subcontractors against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the County's negligent acts in connection with this Agreement. Neither the County nor Contractor shall be obligated to indemnify the other party in any manner whatsoever for the other party's negligence. 11. COMPLIANCE WITH LAWS Each party agrees to comply with all laws, regulations, rules, and ordinances applicable to this Agreement and/or applicable to the parties performing the terms and conditions of this Agreement. 12. SURVIVAL Notwithstanding any termination of this Agreement, the following Sections, and the terms and conditions contained therein, shall remain in effect: 3, 5, 8, 10, 12, 14, 15, 16, 17, 18, 20, 21 and 22. 13. FORCE MAJEURE Either of the parties to this Agreement shall be excused from any delays and/or failures in the performance of the terms and conditions of this agreement, to the extent that such delays and/or failures result from causes beyond the delaying/failing party’s reasonable control, including but not limited to Acts of God, Forces of Nature, Civil Riot or Unrest, and Governmental Action that was unforeseeable by all parties at the time of the execution of this Agreement. Any delaying/failing party shall, with all reasonable diligence, attempt to remedy the cause of delay and/or failure and shall recommence all remaining duties under this Agreement within a reasonable time of such remedy. 220 14. SEVERABILITY If any Section or provision of this Agreement is held to be invalid or void, the other Sections and provisions of this Agreement shall remain in full force and effect to the greatest extent as is possible, and all remaining Sections or provisions of this Agreement shall be construed so that they are as consistent with the parties’ intents as possible. 15. MULTIPLE COUNTERPARTS This Agreement may be executed in several counterparts, all of which taken together shall constitute one single Agreement between the parties. 16. SECTION HEADINGS, EXHIBITS The Section and Subsection headings of this Agreement, as well as Section 1, Entitled “Overview,” shall not enter in the interpretation of the terms and conditions contained herein, as those portions of the Agreement are included merely for organization and ease of review. The Exhibit(s) that may be referred to herein and may be attached hereto, are incorporated herein to the same extent as if fully set forth herein. 17. WAIVER BY PARTY Unless otherwise provided in writing by the waiving party, a waiver by either of the parties to this Agreement of any covenant, term, condition, agreement, right, or duty that arises under this Agreement shall be considered a one-time waiver and shall not be construed to be a waiver of any succeeding breach thereof or any other covenant, term, condition, agreement, right, or duty that arises under this Agreement. 18. GOVERNING LAW AND VENUE THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. Any lawsuit, claim, or action, whether in law or in equity, arising from this Agreement will be brought in Hays County, Texas. 19. ASSIGNMENT Neither party to this Agreement may assign it duties, interests, rights, benefits and/or obligations under this Agreement, in whole or in part, without the other party’s prior written consent thereto. 20. BINDING EFFECT Subject to any provisions hereof restricting assignment, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors, permitted assigns, heirs, executors, and/or administrators. 21. ENTIRE AGREEMENT; AMENDMENT This Agreement (including any and all Exhibits attached hereto) constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. Any amendments to this Agreement must be made in writing and signed by the parties to this Agreement prior to the performance of any terms or conditions contained in said amendments. 221 22. WORK PRODUCT Any and all product, whether in the form of calculations, letters, findings, opinions, or the like, shall be the property of Hays County during and after performance of the Work. Contractor shall have a right to retain a copy of all Work product for record-keeping purposes. 23. TERMINATION BY COUNTY This Agreement may be terminated by Hays County, for any reason whatsoever, by providing thirty (30) days written notice to Contractor. Any approved services provided under this Agreement up to the date of termination may be invoiced by Contractor after the termination date, and payment of said invoice shall not be unreasonably withheld by the County. Signatures by the parties to this Professional Services Agreement follow on the next page. 222 IN WITNESS WHEREOF, the undersigned have duly executed and delivered this Professional Services Agreement, and hereby declare that THEY HAVE READ AND DO UNDERSTAND AND AGREE TO EACH AND EVERY TERM, CONDITION, AND COVENANT CONTAINED IN THIS AGREEMENT AND IN ANY DOCUMENT INCORPORATED BY REFERENCE. ______Hays County, Texas Cobb, Fendley & Associates, Inc. By: Ruben Becerra By: _Sandra G. Khoury, P.E.____ Hays County Judge _ Vice President ______ 223 EXHIBIT A-1 Scope of Work 224 SCOPE OF SERVICES Hays County Grist Mill Road at Plum Creek UTILITY COORDINATION SERVICES 1.0 Utility Coordination Utility adjustment coordination includes utility coordination meetings with individual utility companies, communication and coordination with utilities, conflict assessment and analysis, and preparation of utility agreements, including reimbursable and non-reimbursable. All utility coordination activities will be in accordance with Hays County Guidelines. There are three (3) Utilities anticipated along the project corridor, including AT&T, Frontier Communications and Pedernales Electric Cooperative Inc. Utility adjustment coordination includes utility relocation verification, status reports and site visits. 1.1 90% Design Phase: 1. Develop Utility Contact List. CobbFendley establish contact with existing Utility Companies within and adjacent to the Project and create a utility contact list. This list will be maintained throughout the project. 2. Initial Project Notification Letters. CobbFendley will prepare and mail written notification letters to all known Utility Owners within and adjacent to the project site. A CD and/or USB will be included with the letter containing milestone design plan sheets (*.pdf and *.dgn format). 3. As-builts/Records Research. CobbFendley shall contact all known utility providers in and adjacent to the project area and request maps and/or as-builts of their existing facilities. 4. Field Reconnaissance and Data Collection. CobbFendley shall make a field visits to verify existing utility layout drawings with field conditions. 5. Existing Utility Layout. CobbFendley shall create an existing utility layout in the latest version of MicroStation V8 using base topo/survey files correlated with as-builts provided by each Utility Owner. This layout will be utilized to assist in conflict assessment, monitor necessity of relocations and evaluate alternatives. 6. 90% Conflict Assessment. CobbFendley will determine which utilities will conflict with roadway construction and County guidelines based on the 90% design plans and make the utility company aware of these conflicts. We will be reviewing for direct conflicts with proposed roadway improvements, constructability conflicts, and conflicts with current rules/guidelines. A detailed list and conflict exhibit strip map will be prepared at each of the design milestones and will be communicated with the Utility Owners and design team. 7. 90% Group Design Utility Coordination Meeting. CobbFendley shall establish contact with existing Utility Companies within and adjacent to the Project and set up a utility coordination meeting to discuss concepts and options for construction based on the 90% design plans. This meeting will include meeting preparation, travel time, meeting and follow-up meeting minutes. CobbFendley will set agenda for coordination meeting as directed by the County. One group utility meeting anticipated 8. Quality Level B (QLB)/Quality Level A (QLA) Recommendations. CobbFendley will determine where QLB/QLA is necessary in clearing/confirming conflicts. See section 2.0 for more details on QLB/QLA. 225 9. Coordinate and Prepare Base Agreement Forms. CobbFendley will coordinate with Hays County to determine appropriate agreement forms and permits to be used on this project for both reimbursable and non-reimbursable utility adjustments. The relevant project information will be filled-in on the agreed upon forms and forwarded on to each respective utility impacted on the project for review/use. 10. Evaluate Relocation Alternatives. CobbFendley will evaluate alternatives in the adjustment of utilities, balancing the needs of both the County and the Utility. 1.2 100% Design: 1. 100% Written Notification Letters. CobbFendley will prepare and mail written notification letters to all known Utility Owners within and adjacent to the project site. A CD and/or USB will be included with the letter containing milestone design plan sheets (*.pdf and *.dgn format). 2. Update Existing Utility Layout. CobbFendley shall update the existing utility layout in the latest version of MicroStation V8 using the base topo files and latest design files. This layout will be utilized to assist in final conflict assessment and as a guideline for utility relocation construction. 3. 100% Conflict Assessment. CobbFendley will determine which utilities will conflict with roadway construction and/or County guidelines, based on the latest design plans, and make the utility company aware of these conflicts. We will be reviewing for direct conflicts with proposed roadway improvements, constructability conflicts, and conflicts with current rules/guidelines. A detailed list will be prepared at each of the design milestones and will be communicated with the Utility Owners and design team. 4. Utility Schedule and Sequencing. CobbFendley will review the utility adjustment schedule in relation to construction sequencing and schedule for timely relocation of the utility. 5. Secure Reimbursable and Non-Reimbursable Adjustments. If a utility is located within an easement, the utility company may have a compensable interest. The utility company must furnish a copy of their easement document. CobbFendley will determine whether a compensable interest exists and the owner’s degree of eligibility. Three anticipated CobbFendley will prepare a packaged agreement utilizing Hays County reimbursement agreement forms, plans on 11x17 sheets, easement documentation (if applicable), estimate and schedule of work. We will submit a copy of the reimbursement package to the Hays County by letter recommending approval (3 copies of each). Two anticipated reimbursable agreements The utility shall be reimbursed all cost incurred within their easement limits for replacement in kind. CobbFendley will assist each non-reimbursable utility in preparing and submitting necessary County permits for construction. CobbFendley shall review utility relocation plans to ensure compliance with County design criteria and to ensure that the proposed relocation will not conflict with proposed roadway improvements. Relocation plan reviews are for compliance with proposed location data. The responsibility for quality and accuracy of utility adjustment plans will remain with the Utility Company. 226 6. Process Utility Reimbursement Payment Requests. CobbFendley shall review utility payment requests to verify complete with all necessary support documentation required for reimbursement. CobbFendley will review for accuracy and coordinate with the utility owner on any items missing or needing further clarification. CobbFendley will compile final utility billing package and submit to Hays County for final approval and processing. One anticipated payment request 1.3 Utility Relocation Observation: 1. Preconstruction meeting. Go over utility relocations and confirm alignments, utility clearance dates and schedule. Assuming three preconstruction meetings 2. Construction Observation & Verification. Includes the utility location installation verification, monitoring, reporting, and as-built surveying as required for the County. The Utility Engineer shall field verify all utility adjustments to ensure that the new facilities are located according to plans and specifications. The Engineer shall review all payment requests for conformance with the utility estimate and verify the work has been performed. The Engineer shall notify the County when Engineer becomes aware of the demobilization, or before the demobilization process ends. The Engineer shall develop and maintain a detailed project schedule to track project status. The schedule submittals shall be hard copy and electronic format. The Engineer shall meet on a scheduled basis with the County to review project progress, prepare, distribute, and file both written and electronic correspondence. The Engineer shall document phone calls and conference calls as required during the project to coordinate the work for various team members. Assuming six hours per week for six weeks of construction 3. Weekly Observation Reports. The Engineer shall provide the County with a status report for all utility adjustments on a monthly basis. The County will provide the status report format to the Engineer. Assuming ten reports 4. As-built Survey. The Engineer shall survey all significant features of the proposed relocation and provide that information to the County. Assuming six hours per week for six weeks of construction 2.0 Subsurface Utility Engineering (SUE): Utility Quality Levels are defined in cumulative order (least to greatest): Quality Level D - Existing Records: Utilities are plotted from review of available existing records Quality Level C - Surface Visible Feature Survey: Quality Level "D" information from existing records is correlated with surveyed surface-visible features. Quality Level B - Designate: Two-dimensional horizontal mapping. This information is obtained through the application and interpretation of appropriate non-destructive surface geophysical methods. Utility indications may be referenced to established survey control. Level B SUE does not include inventory of overhead utilities and does not include investigation of storm drains or culverts. Additional description of services, methodology and equipment is below. 227 Quality Level A - Locate (Test Hole): Three-dimensional mapping and other characterization data. This information is obtained through exposing utility facilities through test holes and measuring and recording (to appropriate survey control) utility/environment data 2.1 Designate (Quality Level B): Designate means to indicate the horizontal location of underground utilities by the application and interpretation of appropriate non-destructive surface geophysical techniques and reference to established survey control. Designate (Quality Level B) Services. It is anticipated that Level B SUE will be required along the project corridor. CobbFendley shall: 1. Use records and utility layout generated by performance of UC task to assist on field work. 2. Coordinate with utility owner when utility owner's policy is to designate their own facilities at no cost for preliminary survey purposes. The Engineer shall examine utility owner's work to ensure accuracy and completeness. 3. Designate, record, and mark the horizontal and vertical location of the existing utility facilities using non-destructive surface geophysical techniques. No storm sewer facilities are to be designated. A non-water base paint, utilizing the APWA color code scheme, shall be used on all surface markings of underground utilities. 4. Correlate utility owner records with designating data and resolve discrepancies using professional judgment 5. Survey SUE field markings. Tie survey to existing site survey control. Client will provide control. 6. Draft a color-coded composite utility facility plan with utility owner names, quality levels, and if available line sizes. Line sizes will be from record information. This information shall be provided in Micro Station (or if required AutoCAD). Client will provide base files for drafting (e.g. existing topo, edge of pavement, right of way and alignment files in dgn or dwg format.) Assuming two utilities the length of the project 2.2 Level A Test Holes: In locations where the depth of identified buried utilities is required, CobbFendley will perform FHWA Level A vacuum test holes. This proposal assumes we will perform up to two (2) Level A Test Holes. To efficiently excavate holes in the correct locations, target utilities will be designated in the immediate vicinity of each proposed location prior to excavation. Holes are excavated using nondestructive compressed air and vacuum technique. If target utilities are non-conductive (eg: PVC water lines) or site conditions mean they are otherwise difficult to find, hydrovac excavation can be used to perform slot trenching to locate the line. Hydrovac excavation incurs additional cost and is not included in this scope and fee. Conventional compressed air vacuum excavation will be performed as follows: 1. Coordinate with Client to determine location of proposed test holes. Client will provide any right of entry permission or permits that are required. 2. Using non-destructive surface geophysical techniques, designate target utilities at each proposed hole location. Designate means to identify and mark tone-able utilities. Tone-able utilities are typically utilities that are conductive or internally accessible with a traceable fish tape or sonde. 228 3. Comply with policies for the prevention of underground utility damage (i.e., one-call system) 4. Vacuum excavate to measure and record the depth and location of found items. Test holes do not typically exceed 1 square ft unless unusual circumstances exist. CobbFendley accepts no responsibility for contaminated soils should they be encountered during excavation. CobbFendley does not take ownership of any excavated material. 5. Record depth of the utility, line size, line material, condition of the line, type of soil around the line. Provide markers at each utility location. 6. Backfill the hole. Compact in lifts. Restore pavement. 7. Survey utility test hole locations and tie to existing project survey control. Client will provide survey control. 8. Draft surveyed information onto project base map. Client will provide base map file (typically topo or alignment file) in AutoCAD or MicroStation format. Assuming two test holes “Standard traffic control” is performed by CobbFendley and is included in our rates. Standard traffic control can be described as that necessary for manhole entry or short-term access to utility features located in the roadway. However, depending on the location of proposed test holes ‘non-standard’ traffic control may be required (lane closures, police officer present, arrow board, etc.) these services will be considered extra. 229 EXHIBIT B Fee/Rate Schedule FEE SCHEDULE SHALL BE INSERTED AT THE TIME OF AGREEMENT/CONTRACT EXECUTION 230 -- EXHIBIT “C” -- Additional Terms to the Services provided by Contractor, if any, are as follows: A. N/A B.______ C.______ D.______ E.______ F.______ G.______ H.______ I.______ J.______ K.______ L.______ 231 EXHIBIT D Certificate of Insurance 232 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 Letter of Agreement between Hays County and Central Texas Medical Center (CTMC) and authorize the payment of $1,069,887 related to Indigent health care costs. ITEM TYPE MEETING DATE AMOUNT REQUIRED ACTION-MISCELLANEOUS July 16, 2019 $1,069,887 budgeted LINE ITEM NUMBER 120-675-00.5801 AUDITOR USE ONLY AUDITOR COMMENTS: PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO REQUESTED BY SPONSOR CO-SPONSOR Shell SHELL N/A SUMMARY Dedicated funds are budgeted each year to be used for payments to CTMC associated with providing indigent health care through the 1115 waiver and the Indigent Program at the Live Oak Community Clinic. The Letter of Agreement only authorizes the payment of funds currently budgeted for FY 2019. If approved, this transfer will deplete the budgeted funds so we will not have a rollover this year. Attachment: CTMC Letter of Agreement 233 234 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 Deputy Clerk III, slot 0453-005 in the County Clerk's Office to accrue additional comp hours not to exceed 90 hours. ITEM TYPE MEETING DATE AMOUNT REQUIRED ACTION-MISCELLANEOUS July 16, 2019 $1,030 LINE ITEM NUMBER 001-617-00] AUDITOR USE ONLY AUDITOR COMMENTS: PURCHASING GUIDELINES FOLLOWED: AUDITOR REVIEW: REQUESTED BY SPONSOR CO-SPONSOR Elaine Cardenas BECERRA N/A SUMMARY Per section 2A112 of the HR Policy, the maximum amount of unused compensatory time an employee will be allowed to have at any one time is 60 hours for regular employees. Due to the recent software conversion, it has become necessary to have additional staffing hours to manage a successful implementation. The additional accrued hours will be utilized when their absence will not place an undue hardship on the operations of the department and will not result in an overtime payout. 235 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 County Judge to execute a Business Associate Agreement between Hays County and Jerry Castilleja, M.D. to comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). ITEM TYPE MEETING DATE AMOUNT REQUIRED ACTION-MISCELLANEOUS July 16, 2019 LINE ITEM NUMBER AUDITOR USE ONLY AUDITOR COMMENTS: PURCHASING GUIDELINES FOLLOWED: AUDITOR REVIEW: REQUESTED BY SPONSOR CO-SPONSOR T. CRUMLEY INGALSBE N/A SUMMARY This Business Associates Agreement is required by DSHS pursuant to the Data Use Agreement attached to the Memorandum of Understand between Hays County and DSHS for the outpatient treatment of tuberculosis. It ensures that Business Associate shall comply with all obligations of a under HIPAA and all other applicable laws and regulations. 236 HAYS COUNTY BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement ("Agreement") is made as of the ___day of July, 2019 (the “Effective Date”, by and between the Hays County and the its affiliate and subsidiary organizations ("Covered Entity") and Jerry Castilleja, M.D. ("Business Associate") (Each a "Party" and collectively the "Parties"). WHEREAS, Business Associate provides physician services for the Hays County Local Health Department’s Tuberculosis Program. Dr. Castilleja will provide evaulation, and treatment of dormant infection and/or active Tuberculosis Disease. Any other patient health issues not directly related to the TB treatment will be referred out to an appropriate medical provider. Dr. Castilleja will provide in-clinic services as well as be available by telephone, text message and electronic mail. The date of in-clinic time may vary but is usually scheduled for the last Friday of every month on behalf of Covered Entity. WHEREAS, the parties desire to comply with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Final Rule for Standards for Privacy of Individually Identifiable Health Information adopted by the United States Department of Health and Human Services and codified at 45 C.F.R. Part 160 and Part 164, Subparts A & E (the "Privacy Rule"), the HIPAA Security Rule, codified at 45 C.F.R. Part 164, Subpart C (the "Security Rule") and Subtitle D of the Health Information Technology for Economic and Clinical Health Act ("HITECH") including 45 C.F.R. Sections 164.308, 164.310, 164.312 and 164.316. WHEREAS, the Parties are entering into this Agreement to set forth the terms and conditions of disclosure of Protected Health Information ("PHI") by Covered Entity to Business Associate, to set forth the terms and conditions of Business Associate's use and disclosure of PHI, and to ensure the confidentiality, integrity and availability of Electronic Protected Health Information ("EPHI") that Business Associate may create, receive, maintain or transmit on behalf of Covered Entity. NOW THEREFORE, in consideration of the mutual promises and covenants herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Definitions. Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in 45 C.F.R. §§ 160.103, 164.103, and 164.304, 164.501 and 164.502. 237 2. Obligations and Activities of Business Associate. a. Business Associate is permitted or required to use and disclose PHI for purposes of performing its obligations to Covered Entity, provided that such use or disclosure would not violate the Privacy Rule, the Security Rule, ARRA, or state confidentiality and data security laws, if done by Covered Entity. To the extent the Business Associate is to carry out a Covered Entity's obligation under the Privacy Law, the Business Associate will comply with requirements applicable to the Covered Entity in the performance of such obligation. b. Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the PHI other than as provided for by this Agreement. Business Associate agrees to implement Administrative Safeguards, Physical Safeguards and Technical Safeguards ("Safeguards") that reasonably and appropriately protect the confidentiality, integrity and availability of PHI as required by the "Security Rule", including those safeguards required pursuant to 45 C.F.R. §§ 164.308, 164.310, 164.312, 164.314 and 164.316, in the same manner that those requirements apply to Covered Entity pursuant to 45 C.F.R. § 164.504. c. Subject to the limitation of liability set forth herein, Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Agreement or the Privacy and Security Rules. d. Business Associate agrees to report to Covered Entity any use or disclosure for the PHI not provided for by this Agreement, including breaches of unsecured PHI as required by 45 C.F.R. § 164.410, and any Security Incident of which it becomes aware. e. Business Associate agrees to ensure that any agent, including a subcontractor or vendor, to whom it provides PHI received from, or created or received by Business Associate on behalf of Covered Entity agrees to the same restrictions, conditions and requirements that apply through this Agreement to Business Associate with respect to such information through a contractual arrangement that complies with 45C.F.R. § 164.314. f. Business Associate agrees to provide paper or electronic access, at the request of Covered Entity and in the time and manner designated by Covered Entity, to PHI in a Designated Record Set to Covered Entity or, as directed by Covered Entity, to an Individual in order to meet the requirements under 45 C.F.R. § 164.524. If the Individual requests an electronic copy of the information, Business Associate must provide Covered Entity with the information requested in the electronic form and format requested by the Individual and/or Covered Entity if it is readily producible in such form and format; or, if not, in a readable electronic form and format as requested by Covered Entity. 238 g. Business Associate agrees to make any amendment(s) to PHI in a Designated Record Set that Covered Entity directs or agrees to pursuant to 45 C.F.R. §164.526 at the request of Covered Entity or an Individual, and in the time and manner designated by Covered Entity. If Business Associate receives a request for amendment to PHI directly from an Individual, Business Associate shall notify Covered Entity upon receipt of such request. h. Business Associate agrees to make its internal practices, books, and records relating to the use and disclosure of PHI received from, created or received by Business Associate on behalf of Covered Entity available to Covered Entity, or at the request of Covered Entity to the Secretary, in a time and manner designated by Covered Entity or the Secretary, for the purposes of the Secretary determining Covered Entity's compliance with the Privacy Rule and Security Rule. i. Business Associate agrees to document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 C.F.R. §164.528. j. Business Associate agrees to provide to Covered Entity or an Individual, in a time and manner designated by Covered Entity, information collected in accordance with this Agreement, to permit Covered Entity to respond to a request by an individual for an accounting of disclosures for PHI in accordance with 45 §C.F.R. 164.528. k. If Business Associate accesses, maintains, retains, modifies, records, stores, destroys, or otherwise holds, uses, or discloses Unsecured Protected Health Information (as defined in 45 C.F.R. § 164.402) for Covered Entity, it shall, following the discovery of a breach of such information, and to the extent it possesses said information, promptly notify Covered Entity of such breach. Such notice shall include to the extent known: i. the identification of each individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate to have been accessed, acquired or disclosed during such breach; ii. a brief description of what happened, including the date of the breach and discovery of the breach; iii. a description of the type of Unsecured PHI that was involved in the breach; iv. a description of the investigation into the breach, mitigation of harm to the individuals and protection against further breaches subject to the liability limitations set forth herein; v. the results of any and all investigation performed by Business Associate related to the breach; and vi. contact information of the most knowledgeable individual for Covered Entity to contact relating to the breach and its investigation into the breach. 239 However, "breach" is defined under 45 C.F.R. § 164.402 and all obligations of the parties with regard to identifying and reporting a disclosure as a breach are governed thereby. l. Business Associate agrees to report to the Director of Countywide Operations in writing any security incident, unintentional use or disclosure of unsecured PHI, identified internal/external breach of data, or disaster occurrence of which Business Associate becomes aware within the time designated for the type of information disclosed. i. Federal information breach, includes Federal Tax Information, Social Security Administration Data, and Medicaid Client Information, within the first consecutive clock hour of discovery. ii. Personal Health Information and other types of confidential information, not more than 24 hours after discovery, or in a period approved in writing. m. Business Associate agrees that it will not receive remuneration directly or indirectly in exchange for PHI without authorization unless an exception under 13405(d) of the HITECH Act applies. n. Business Associate agrees that it will not receive remuneration for certain communications that fall within the exceptions to the definition of Marketing under 45 C.F.R. §164.501 unless permitted by the HITECH Act. o. If applicable, Business Associate agrees that it will not use or disclose genetic information for underwriting purposes, as that term is defined in 45 C.F.R. § 164.502. p. Except as otherwise limited in this Agreement, Business Associate may use PHI to provide Data Aggregation services to Covered Entity as permitted by 45 C.F.R. §164.504 (e)(2)(i)(B). q. Business Associate may use PHI to report violations of law to appropriate Federal and State authorities, consistent with 45 C.F.R. §164.5020)(1 ). r. Limitation of Liability. The total maximum liability (the "limitation of liability") of Business Associate for all costs, expenses, mitigation, credit monitoring, indemnification, hold harmless responsibility, damages, penalties, fines, losses, attorneys' fees, judgments , claims, costs associated with a breach that occurs as a result of Business Associate's handling of PHI, EPHI, data, records covered hereunder, completion of the notification process to each patient as defined by the HIPAA and HITECH, state law, regulation at Business Associate's expense, financial responsibility for any of Covered Entity's fines, settlements or legal action that may occur as a result of a Business Associate's Breach or claims hereunder, shall be limited to a maximum of the proven claim or claims of up to two (2) times the previous twelve (12) months invoices of Covered Entity with Business Associate, or if a claim occurs prior to 12 months of invoicing, then the estimated annual revenue from this account. Covered Entity's insurance carrier shall not be 240 entitled to subrogate for any sums it has paid to or on behalf of Covered Entity resulting from fault by Business Associate in excess of the limitation of liability set forth herein above. s. Accounting to Government Agencies. Business Associate agrees to make its internal practices, books, and records relating to the use and disclosure of PHI available to the Secretary of the U.S. Department of Health and Human Services ("HHS") in a time and manner designated by Covered Entity or the Secretary, for the purpose of determining Covered Entity's compliance with the Privacy Rule. Business Associate agrees to make its policies and procedures, and documentation required by the Security Rule related to required safeguards, available to the Secretary for purposes of the Secretary determining Covered Entity's compliance with the Security Rule. Business Associate shall promptly notify Covered Entity's Privacy Officer of communications with HHS regarding PHI provided by or created by Covered Entity and shall provide Covered Entity with copies of any information Business Associate has made available to HHS under this provision. t. Electronic Protected Information transmitted or otherwise transferred from Covered Entity to Business Associate should be encrypted by Covered Entity with a process that renders the Electronic Protected Information unusable, unreadable, or indecipherable to unauthorized individuals within the meaning of HITECH § 13402 and any implementing guidance. 3. Obligations of Covered Entity. a. Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices of Covered Entity in accordance with 45 C.F.R. § 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of PHI. b. Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by an Individual to use or disclose PHI to the extent that such changes may affect Business Associate's use or disclosure of PHI. c. Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 C.F.R. §164.522, to the extent that such restriction may affect Business Associate's use or disclosure of PHI. d. Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by Covered Entity, provided that, to the extent permitted by the Service Arrangement, Business Associate may use or disclose PHI for Business Associate's Data Aggregation activities or proper management and administrative activities. 241 4. Term and Termination. a. This Agreement shall be in effect upon execution by the Parties and shall remain in effect for the duration of the relationship, functions or services giving rise to the necessity of a Business Associate Agreement, and until all of the PHI provided by Covered Entity to Business Associate, or created, received, maintained or transmitted by Business Associate (or its agent or Subcontractor) on behalf of Covered Entity, is destroyed or returned to Covered Entity or if it is infeasible to return or destroy PHI, protections required under this Agreement are extended to such information for so long as Business Associate retains such information. b. In addition to the rights of the Parties established by the underlying Agreement, if either Party reasonably determines that the other Party has Breached any of its obligations under this Agreement, the non-breaching Party shall have the right to: i. Provide breaching Party with a 30 day period to cure the Breach or end the Violation; or ii. Terminate this Agreement and any underlying agreement(s) immediately if the Breach is incurable. iii. Before exercising any of these options, the non-breaching Party shall provide written notice to breaching Party describing the violation and the action it intends to take. 5. Return or Destruction of PHI. Upon termination, cancellation, expiration or other conclusion of the Agreement, Business Associate shall: a. At Covered Entity's option, return to Covered Entity or destroy all PHI, all Health Information and any related data in whatever form or medium that Business Associate received from or created, received, maintained or transmitted on behalf of Covered Entity. This provision shall also apply to all PHI, Health Information and any related data that is in the possession of Subcontractors or agents of Business Associate. In such case, Business Associate shall retain no copies of such information, including any compilations derived from and allowing identification of PHI. Business Associate shall complete such return or destruction as promptly as possible, but not more than 30 days after the effective date of the conclusion of this Agreement. b. If Business Associate destroys PHI, it shall be done with the use of technology or methodology that renders the PHI unusable, unreadable, or undecipherable to unauthorized individuals as specified by HHS in HHS guidance. 242 c. If Business Associate believes that the return or destruction of PHI or Health Information is not feasible, Business Associate shall provide written notification to the Covered Entity's Privacy Officer of the conditions that make return or destruction infeasible. Upon mutual agreement of the Parties that return or destruction is not feasible, Business Associate and its agents and Subcontractors shall extend the protections of this Agreement to PHI and Health Information received from or created on behalf of Covered Entity, and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as Business Associate and/or its agents and Subcontractors maintain the PHI. d. Continuing Privacy Obligation. The Business Associate's obligation to protect the privacy and security of the PHI it created, received, maintained or transmitted for or from Covered Entity will be continuous and survive termination, cancellation, expiration or other conclusion of this Agreement. 6. Record Access. Business Associate agrees that in accordance with Section 952 of the Omnibus Budget Reconciliation Act of 1980, its contracts, books, documents and records will be made available to the Comptroller General of the United States, the Secretary of HHS or their duly authorized representatives until the expiration of four years after services are furnished under this Agreement. 7. Automatic Amendment. This Agreement shall automatically amend so that the obligations imposed on Business Associate remain in compliance with the following: (1) any applicable amendment to the regulations promulgated by HHS; (2) any applicable state statute or regulation that is issued in furtherance of the state's protection of PHI, that is not otherwise pre-empted by federal law; and (3) Title 45 CFR, Parts 160 and 164. 8. Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits Covered Entity and Business Associate to comply with the Privacy Rule, Security Rule, and ARRA. 9. Assignment of Rights and Delegation of Duties. Nothing in this Agreement shall confer upon any person other than the Parties and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever. This Agreement is binding upon and inures to the benefit of the Parties hereto and their respective successors and permitted assigns. However, neither Party may assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. Notwithstanding any provisions to the contrary, 243 however, Business Associate and Covered Entity retains the right to assign or delegate any of its rights or obligations hereunder to any of its wholly owned subsidiaries, affiliates or successor companies. Assignments made in violation of this provision are null and void. 10. Compliance with the Law. The Parties acknowledge and agree that, beginning on the effective date of this Agreement, Business Associate shall comply with all obligations of a "business associate" under HIPAA, ARRA, and other applicable laws and regulations as they exist at the time this Agreement is executed and as they are amended, for so long as this Agreement is in place. 11. Relationship of Parties. For purposes of this Agreement, Business Associate is an independent contractor of Covered Entity and shall not be considered an agent of Covered Entity. 12. Notices. All notices, demands and communication provided for herein or made hereunder shall be in writing, be personally delivered or mailed by certified mail, return receipt requested, postage prepaid, or by a recognized overnight carrier which provides proof of receipt, or by electronic facsimile with confirmation sent by United States first class mail and will be addressed to the addresses below. Notices shall be deemed received on the earliest of personal delivery, upon the next business day after delivery by electronic facsimile with confirmation that the transmission was completed or upon receipt by any other method of delivery. All notices shall be addressed to the appropriate party as follows: If to Covered Entity: Hays County Local Health Department Attn: Tammy Crumley, Director of Countywide Operations 712 S. Stagecoach, Suite 1045 San Marcos, Texas 78666 Phone Number: 512-878-6673 [email protected] If to Business Associate: Jerry Castilleja, M.D. Address: 1104 Jefferson Seguin, Texas 78155 Phone Number: 830-379-9797 Email Address: [email protected] 244 Either Party may change the address to which notices are sent by sending written notice of such change of address to the other Party. IN WITNESS WHEREOF, each of the undersigned has caused this Agreement to be duly executed in its name and on its behalf effective as of the date last signed below. APPROVED AND ACCEPTED BY: Covered Entity: Business Associate: Hays County: By: ______By: ______Printed Name: Ruben Becerra Printed Name: ______Title: Hays County Judge Title: ______Date: July ______, 2019 Date: ______ 245 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 authorizing the County Judge to execute the Deer Oaks Employee Assistance Program (EAP) Services Agreement. ITEM TYPE MEETING DATE AMOUNT REQUIRED ACTION-MISCELLANEOUS July 16, 2019 LINE ITEM NUMBER AUDITOR USE ONLY AUDITOR COMMENTS: PURCHASING GUIDELINES FOLLOWED: AUDITOR REVIEW: REQUESTED BY SPONSOR CO-SPONSOR BECERRA N/A SUMMARY On June 25, 2019, the Commissioners Court awarded RFP 2019-P05 Employee Assistance Program to Deer Oaks EAP Services, LLC and authorized staff and General Counsel to negotiate a contract. The attached contract is the product of such negotiation. 246 Deer Oaks EAP Services Agreement This Employee Assistance Program Services Agreement (the “Agreement”) is made and entered into effective August 1, 2019 by and between Hays County, a political subdivision of the State of Texas, hereinafter referred to as “Employer” and Deer Oaks EAP Services, a Limited Liability Company, hereinafter referred to as "Company”. WHEREAS, the Employer Group desires to retain a contractor to provide an Employee Assistance Program ("EAP"); WHEREAS, Employer solicited requests for qualifications for said EAP; and WHEREAS, Company submitted a proposal, which Employer has selected. NOW, THEREFORE, in consideration of the mutual covenants set out herein, the parties hereto agree as follows: 1. Scope of Work and Services. In consideration for the “per employee per month” fee described in Section 2 below, Company agrees to provide to Employer’s employees and their dependents, and anyone residing in their household (collectively, “participants”) all the services described in this Agreement, and in Company’s proposal to Employer, including, but not limited to, the services described below. a. Eligibility: All employees, dependents, and household members with the exception of minors are eligible to access the EAP starting on day one of the contract regardless of whether they are or are not covered under other mental health service plans. Eligibility is based on the attestation of the participant accessing the EAP. Employees and retirees who terminate their employment for any reason will have continued access to the EAP for six (6) months post- employment. b. Intake (Telephonic Triage): This service will be immediately available during regular business hours and in emergency situations via the 24-hour, 7 days a week emergency on-call system. 247 Basic demographic information will be gathered. Client needs will be assessed. Those in crisis will be connected to a counselor. c. Initial Diagnostic Assessment: Following the intake, a Face-to-Face or Telephonic consultation appointment is offered. During the assessment the counselor will gather information regarding the presenting problem in order to create a diagnosis and develop a treatment plan for short- term counseling. This session counts as one of the EAP visits included in the plan. Telephonic Assessments in lieu of face-to-face assessments will only be conducted at the request of the participant. d. Short-Term Therapeutic Counseling: Company will offer up to six (6) visits for short-term EAP counseling benefit per participant, per issue, per calendar year (including the initial appointment). The Company will be fully responsible for the clinical care provided to participants. The specific number of sessions and treatment plans will be determined by the Company’s counselor and will be based on clinical presentation, need, and suitability for a short-term counseling model of treatment. Minor coverage: A minor may contact the EAP directly or a parent/guardian may do so on their behalf. Deer Oaks cannot assess a minor telephonically and cannot refer to EAP services without parental or legal guardian involvement and written consent. Minors accessing the service directly, without parental involvement, will be checked for safety, offered in-the- moment support and, where appropriate, referred to other Agencies. Upon receiving parental consent, children ages 8-13 are eligible for family counseling; children ages 14-17 are eligible for individual counseling; and children under age 8 must be referred out of the EAP. Telephonic counseling can be made available in lieu of face-to-face counseling only at the request of the participant. In addition, a confidential chat session via e-Connect can also be available in lieu of face to face at the request of the participant. If a participant possesses clinical symptomatology that requires longer-term and/or a different psychotherapeutic approach to treatment, the Company will work with the employer’s medical benefit plan to either make a referral to another provider and/or provide these services under the umbrella of the employee’s medical benefit. e. Range of Counseling Types: Counseling may include individual, family, and/or marital interventions for issues suitable for a short-term counseling approach. Common presenting 248 problems include, but are not limited to stress, family problems, marital problems, sadness/grief, worrying, parent/child problems, work-related difficulties, interpersonal problems with co-workers and supervisors, anger management problems, drug or alcohol use, workplace violence, single parenting problems, legal and financial difficulties, coping with medical problems, and crisis counseling. f. Case Management & Follow-Up: Company shall attempt to follow-up with all participants accessing services to ensure their satisfaction. Additionally, Company shall conduct comprehensive case management and follow-up for any participants referred to the EAP on a mandatory basis due to a job performance concern, work-place violence, sexual harassment, or suspicion of substance abuse or other employer group policy violation or concern. g. Referrals: For cases requiring medical or longer term/more intensive behavioral health intervention, referrals will be made by the Company to the employer’s Medical Plan when indicated, or to another qualified professional that is within the financial means of the participant if the participant is not covered by the major medical plan. Low cost and free community referrals are also available to EAP participants. h. Referrals for Psychological Testing/Fitness-For-Duty Evaluations (FFDs) and DOT/SAP Evaluations: Deer Oaks provides expert telephonic consultation dealing with decisions regarding the need for a Fitness-for-Duty (FFD) Evaluation and can assist in recommending a FFD facilitator and coordinating a referral to the provider. However, the Employer is solely responsible to decide whether to refer an employee for a Fitness-for-Duty Evaluation. The employer is responsible for working directly with the FFD provider, as well as paying for the Fitness-for-Duty Evaluation directly. With regard to DOT/SAP evaluations, the Company will coordinate and case manage DOT/SAP Evaluations at a fee for service. i. Education & Prevention: The Company offers Supervisor and Employee Wellness Training via webinars and in person. An extensive array of education and prevention seminars are available to employees and supervisors dealing with a wide variety of topics including wellness, stress management, coping with change, motivating employees, recognizing substance abuse, other personal or work-related concerns. Electronic Newsletters for employees and supervisors are 249 designed by the Company for distribution by the employer to provide additional educational and preventative tips and activities. Additionally, many training seminars are available to download via the Company’s website. PEPM includes up to twenty (20) hours of Onsite Employee/Supervisor Training Seminars per participant and unlimited Webinars from our Webinar Catalog annually. The onsite Seminar hours may be used at the Employers discretion for training/orientation, employee orientations, wellness /brown bag seminars, and health fair/open enrollment meetings. j. Work/Life Services: Company will assist participants with balancing personal and work life concerns, coping with maternity/paternity and return to work, time management, childcare/eldercare services, and other work/life issues such as assistance with referrals for adoptions, relocations, college planning, and adjusting to retirement. Company will provide participants with I.D Recovery which offers a thirty (30) minute consultation with an Identity Recover Professional that will aid in the recovery process by assessing the situation, creating and implementing an action plan. Company will provide participants credit score monitoring through Credit Karma which will provide secure credit scores, reports and monitoring and financial tools. k. Employer Group Services: Company will provide additional group assistance to the Employer as needed. These group services include immediate CISD response to any employees coping with a trauma or critical incident in the workplace within 24 hours of the request of the Employer or at a time and place of Employer’s choosing. Up to 20 hours of on-site debriefing sessions (2 hour minimum per event) are included annually. Contract also includes unlimited Account Management services and telephonic management consultations by assigned Company Account Manager. l. Online Services: Company will maintain comprehensive online services at www.deeroakseap.com, available 24/7 to employees and their family members seeking tools, tips, articles, videos, and resources to help cope with improving overall wellbeing, balancing personal and work-related issues. Health and Wellness topics, on-line Library and over one hundred (100) legal forms are available through the website. Trainings regarding Orientation to 250 the EAP benefit as well as access to the work-life services and legal/financial services are available online as well. m. Legal and Financial Services: Company shall offer legal and financial counseling and resources to employees and their family members, a free (up to 30 minute) initial assessment and a 25% reduction on legal counseling rates with an in-person attorney following any retainer. Company agrees that it is legally conflicted from offering legal counseling in claims made or contemplated against Hays County or agents thereof. If during any initial assessment it is determined that a claim is contemplated against Hays County or agents thereof, Company shall decline to arrange for legal services and recommend that a participant seek independent legal counsel. Free unlimited telephonic financial counseling and education. Online legal and financial resources will also be available. In addition, Company shall offer a legally-binding simple state- specific will at no cost through a step by step online “interview process.” This service (NOLO) may be accessed through www.deeroakseap.com. n. Confidentiality: Issues of confidentiality will be handled with the utmost sensitivity and protection for the employee’s rights to privacy. The Company is fully HIPAA compliant. Where appropriate, consent forms will be obtained to provide written authorization to exchange information with any Employer benefits director or supervisor. o. Utilization Reports: The Company will provide confidential Utilization Review Reports to the Employer on a quarterly basis. The reports may include: the number of EAP participants seeking assistance, the reasons for accessing the EAP, basic demographics for the EAP participants, in- services, participant survey results and community referrals. These reports will be provided quarterly to the Employer. p. Implementation and Program Promotion: The Company will provide Initial Promotional Materials including an electronic introductory letter to the employees on the new EAP provider, as well as one Employee Orientation and one Supervisor Orientation DVD. The County may request promotional information to hand out to employees. The Employer will be responsible for reproduction and distribution of direct mailing and other promotional materials requested beyond the Initial Promotional Materials. Company will provide ongoing electronic promotional materials 251 (e.g. flyers, e-mail articles, newsletters) as needed throughout the duration of the contract term as well as a CD-ROM containing additional flyers and posters that may be used as needed by the Employer Group. The Employer will assume responsibility for the reproduction and distribution of these promotional articles/notices to participants (with the exception of the initial promotional materials listed above, which shall be reproduced by the Company, at the Company’s expense and distributed by the Employer). Company will complete a Comprehensive Needs Assessment to ensure Program is customized and tailored to meet Employer’s expectations. 2. Fees. In consideration of all of the services provided hereunder by the Company to the Employer, the Employer (Hays County) shall pay to Company (Deer Oaks EAP Services) an amount per month equal to the Per Employee Per Month (PEPM) rate of reimbursement multiplied by the number of Employer’s eligible Employees for such month. For the initial term of this Agreement, that is, from August 1, 2019 through July 31, 2022. The monthly rate of reimbursement shall be $1.25 per employee per month throughout the term of this agreement. Payment of such fees shall be due monthly in arrears on or before the first day of the first month in which services are rendered, commencing. Any fees for other optional add-on services will be applied per the terms of Company’s proposal to Employer, if and when Employer elects to add these services to the contract. Optional Add-On Services (must be approved by action of Commissioners Court): Optional Services ο Additional Training from our Training Catalog (beyond the included 4 hrs.) ..... $300.00/hour ο Training from our Webinar Catalog (beyond the included 4 hrs.) ……………… $100.00/hour ο DOT Substance Abuse Professional (SAP) Evaluations...... $600.00/case ο Full-Service Mediation...... $300.00/hour ο LiveWell Standard Wellness Coaching...... $0.46 PEPM ο Executive Coaching...... $500.00/hour One-on-one telephonic executive coaching designed to reinforce key leadership skills. Includes 60-minute telephonic sessions, post-session reports, and a coaching plan with goals set forth by the individual's supervisor and/or HR. 252 3. Definitions. a. The term "participant' for purposes of this Agreement shall mean (i) the spouse or any child (natural or adopted) of an Employee, regardless of where such spouse or child resides; and (ii) any child for whom an Employee (or his or her spouse) is a court-appointed guardian; and (iii) any person residing in the household of an Employee. b. The term “counselor” shall mean a Company employee or contractor with a master’s or doctoral degree in an appropriate mental health care related field. c. The number of sessions shall include appointments made and kept as well as appointments made and late cancelled (less than 24 hours notice by participant) or no shows. 4. Term. The term of this Agreement shall be for a three (3) year period beginning August 1, 2019 through July 31, 2022. An additional two option years may be added to this contract at rates that are mutually agreed upon by Employer and Company. This Agreement may be terminated earlier (i) by Company, if Employer fails to pay the monthly fee owing hereunder to Company and such failure shall continue for thirty days after Employer receives written notice to cure for such failure from Company; (ii) by Company, if Employer shall have received three delinquency notices under Section 4 (i),immediately above, in any year; (iii) by Employer, if Company fails to perform any of its obligations hereunder or if Company is in breach of any of its covenants hereunder, and such failure or breach continues for thirty days after Company receives written notice to cure for such failure or breach from Employer; or (iv) by Employer, with or without cause, by providing Company with sixty days written notice of termination. This Agreement shall also be cancelable by Employer (i) at the end of any fiscal year of Employer in the event that sufficient funds have not been budgeted for the following fiscal year for the purposes of this Agreement; and (ii) in the event that Employer is required by law to competitively bid or submit requests for proposals in connection with the subject matter of this Agreement during its term. 253 5. Access. Employees and participants may contact the EAP via the toll-free access number (1-866- 327-2400) to Employer’s employees and their dependents 24 hours a day, seven days a week, throughout the term of this Agreement. Routine appointments are offered generally within three (3) business days, urgent appointments within 48 hours, and emergency appointments are arranged same day. Company offers a nationwide network of affiliate providers in multiple locations shall make every effort to participant’s specific request for an appointment time or location. Bilingual counseling services are also available. 6. Service Locations. Company shall provide counseling services at the Company’s and Affiliates’ office locations. On-site consultations at the workplace will also be provided at the request of the Employer according to the terms contained herein. 7. Eligibility Determination. Company will provide services to all participants without requiring a specific verification process of each employee’s current employment status. COBRA participants as well as employees whom need support during their transition following their termination of employment with Employer will also be eligible for short-term EAP counseling services. Employer will verify the numbers of employees eligible for the EAP benefit by the 10th day of each month, and adjust the reimbursement to Company accordingly. Company will contact Employer if there appears to be significant access of the EAP benefit by anyone who is not eligible. 8. Company Representative. The Company will assign a primary representative at the discretion of Company. Alicia Barrera, the Company’s Executive Director of EAP Account Management, shall be the primary representative of Company for the purposes of this Agreement (the "Company Representative"). Mrs. Barrera’s address, telephone and fax numbers are as follows: 126 East Main Plaza Suite 8 San Antonio, TX. 78205, telephone number (210) 615-3415, fax number (210) 615-2279. The Company may also assign additional Account Management Specialists to the team handling the account at the Company’s discretion or as needed. Employer may contact the Company Representative (or designated assistant) directly regarding any questions, problems, or concerns Employer may have which are related to this Agreement. Company may change the person designated as the Company Representative by prior notice to the Employer; provided, 254 however, that Company shall appoint a replacement Company Representative at any time within thirty days after the receipt of a request from the Employer. 9. Relationship of Parties. It is understood by the parties that the Company is an independent Contractor, and not an employee of the Employer. Employer will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Company. 10. Entire Agreement: This agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement is binding unless in writing signed and duly executed by both parties. 11. Communications with Employees. No promotional or informational materials shall be disseminated to Employer’s employees without the prior written approval of Employer’s Representative. The Company Representative in connection with Employer’s Representative shall prepare an initial, explanatory packet for distribution by Employer to all Employees no later than two weeks prior to the commencement date of this contract. 12. Extended Services. Referrals to the health plan for extended service will be made based on symptom severity and the client’s best interests. Company will be able to continue counseling services under Employer’s current health plans, if Company is a participating provider and if such services are covered under such plans. If the participant requires additional counseling, but such counseling is not covered under an applicable health plan, then Company shall refer such participant to appropriate community health services, or if the participant prefers, the participant may continue to use the services of the Company on a private pay basis. 13. Standard of Care. Company shall perform its duties and obligations under this Agreement as a fiduciary of Employer’s Employees and their respective dependents; and Company shall use the care, skill, 255 prudence, and diligence in the performance of its duties and obligations under this Agreement as required by all applicable professional standards and laws. 14. Equal Employment Opportunity. Company shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or handicap and shall otherwise comply with all applicable requirements set out in Executive Order 11246, entitled “Equal Employment Opportunity", as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations 41 CFR Part 60. 15. Notices. Notices provided hereunder must be in writing to be effective, and shall be deemed received upon the earlier to occur of (i) actual receipt; or (ii) three days after the same are mailed by U.S. certified or registered mail, postage prepaid and return receipt requested, to the following address, or to such other address as shall have been provided by notice: If to Employer Group: Hays County Department of Human Resources 712 S. Stagecoach Trail San Marcos, TX 78666 [email protected] If to Company: Alicia Barrera Executive Director Deer Oaks EAP Services, LLC 126 E. Main Plaza, Suite 8 San Antonio, Texas 78205 (210) 615-3415 Office (210) 615-2279 Fax [email protected] 16. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other party. 17. Indemnification. Company hereby assumes all risk of loss and responsibility for and hereby agrees to indemnify and hold Employer, its trustees and Employees (collectively, the "Indemnities”) harmless from 256 and against any and all claims, causes of actions, demands, suits, liabilities, recoveries, judgments, costs and expenses (including reasonable attorneys' fees) which are asserted by a party other than Company against or incurred by any of the Indemnities, to the extent caused or related to the performance or failure to perform of Company under this Agreement, except to the extent caused by the negligence of any of the Indemnities. 18. Compliance with All Laws. In the performance of its duties and obligations hereunder, Company shall ensure that it is in compliance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, all applicable rights and regulations of the appropriate licensure board(s), and all laws, rights, and regulations applicable to patient confidentiality. It shall be the duty of Company, and not Employer, to ensure that no information shall be provided by Company to Employer that would constitute a violation of the privacy rights of a participant, even if such information is requested by Employer, both parties acknowledging that Company, and not Employer shall have the obligation under this Agreement to be aware of the most current version of such confidentiality laws, rules, and regulations. Affiliate providers nationwide will uphold their professional and ethical responsibilities according to their particular state rules and regulations. 19. Governing Law. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Texas. 20. Mediation. Any controversy or claim between the parties arising under this Agreement (“Dispute”) must, at the request of either party, be submitted to mediation. If either party desires that a dispute be submitted to mediation, then such party shall so notify the other party, by written notice. Within ten days after the receipt of such notice, the parties shall jointly appoint a mutually acceptable, neutral attorney-mediator to mediate the dispute (the Mediator). If the parties are unable to agree upon such appointment within such ten- day period, either party may request a court jurisdiction of the Dispute to appoint a Mediator. The parties or the court will hold a mediation conference within thirty days after the appointment of the Mediator. The mediation conference will be conducted in accordance with the Texas Alternative Dispute Resolution 257 Procedures Act, Civil Practice and Remedies Code, Sections 154.001-154.073. The fees of the Mediator will be shared equally between the parties. IN WITNESS WHERE OF, the undersigned have executed this Agreement as of the day and year first above written. Hays County Deer Oaks EAP Services, LLC By: By:______Signature ______Alicia Barrera______Type Name ______Executive Director of EAP Services______Title Title ______Date Date 258 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 authorizing the County Judge to execute a Funding Agreement between Hays County and the Hays-Caldwell Women's Center. ITEM TYPE MEETING DATE AMOUNT REQUIRED ACTION-MISCELLANEOUS July 16, 2019 LINE ITEM NUMBER AUDITOR USE ONLY AUDITOR COMMENTS: PURCHASING GUIDELINES FOLLOWED: AUDITOR REVIEW: REQUESTED BY SPONSOR CO-SPONSOR SHELL INGALSBE SUMMARY The Hays-Caldwell Women's Center (HCWC) is constructing a transitional housing facility aimed to help bridge the gap for victims of violence and abuse between residing in a shelter and obtaining safe, permanent housing. HCWC has requested $600,000 from Hays County, as well as funding from other agencies/groups, in order to construct the facility. 259 FUNDING AGREEMENT BETWEEN HAYS COUNTY AND THE HAYS-CALDWELL WOMEN’S CENTER STATE OF TEXAS § § COUNTY OF HAYS § SECTION I. PARTIES TO THE AGREEMENT This Agreement is made and entered into by and between the County of Hays, hereinafter referred to as "County", and the Hays-Caldwell Women’s Center, hereinafter referred to as "HCWC". The parties hereto have severally and collectively agreed and by execution hereof are bound to the mutual obligations and to the performances and accomplishment of the tasks hereinafter described. Failure to comply with any item(s) of this Agreement can delay future payments until the item(s) of non-compliance is resolved. SECTION II. HCWC PERFORMANCE HCWC shall provide services and crisis intervention to victims of family violence, dating violence, sexual assault, and child abuse. Part of those services, as well as the purpose of this County funding, will include the construction of transitional housing to help bridge the gap between residing in a shelter and obtaining safe, permanent housing. SECTION III. TERM OF AGREEMENT The period for performance of this Agreement shall commence October 1, 2019 and shall terminate September 30, 2021. SECTION IV. COUNTY OBLIGATION Notwithstanding any other provision of this Agreement, the total amount paid by the County to HCWC under this Agreement shall not exceed the sum of $600,000. One payment in the amount of $300,000 shall be contributed in FY 2020, and one payment in the amount of $300,000 shall be contributed in FY 2021, for an overall contribution of $600,000. The funding under this Agreement will be made from current revenues available to Hays County. Funds for the participation in this Agreement have been provided through the Hays County Commissioners Court for FY 2020 only. This Agreement shall automatically terminate if Hays County does not appropriate funds to continue this Agreement. SECTION V. COUNTY MONITORING HCWC shall permit the County to inspect and shall make available to the County for inspection any or all pertinent records, files, information or other written material maintained by HCWC or any person or other entity with whom any portion of the performance hereunder has been subcontracted. HCWC shall permit County free access to all premises under its control or under the control of any person or entity with whom any portion of the performance hereunder has been subcontracted. SECTION VI. POLITICAL ACTIVITY None of the performance rendered hereunder shall involve, and no portion of the funds received by HCWC hereunder shall be used for, any partisan political activity (including, but not limited to, an activity to further an election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. 260 SECTION VII. CONFLICT OF INTEREST No official or employee of the County and no employee of HCWC, and no member of HCWC’s governing board or body, and no person who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to this Agreement which affects his or her personal pecuniary interest. SECTION VIII. COMPLIANCE WITH LAWS HCWC shall comply with all applicable laws, ordinances, codes and regulations of the state, local and federal governments. SECTION IX. INDEPENDENT CONTRACTOR It is expressly understood and agreed by both parties hereto that the County is contracting with HCWC as an Independent Contractor and that HCWC as such, agrees to hold the County harmless and to indemnify it from and against any and all claims, demands and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with the services to be performed by HCWC under this Agreement. SECTION X. EQUAL OPPORTUNITY A. Nondiscrimination HCWC assures that no person shall, on the ground of race, creed, color, handicap, national origin, sex, political affiliation or beliefs, be excluded from, be denied the benefits of, or be subject to discrimination under any program or activity funded in whole or in part under this agreement or otherwise under HCWC's control. B. Non-segregated Facilities HCWC certifies that all employee facilities under its control are provided in such a manner that segregation, whether by habit, local custom, or otherwise, on the basis of race, religion, color, or national origin, cannot result. Further, HCWC will not assign or permit employees to perform services at any location under its control where facilities are segregated. Identical certifications from any proposed subcontractors will be obtained by HCWC as a condition of subcontract award. C. Employment (Race, Religion, Color, Sex or National Origin) 1. HCWC will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. HCWC will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. HCWC agrees to post, in conspicuous places available to employees and applicants for employment, notices setting forth requirements of these nondiscrimination provisions. 2. HCWC will state in all solicitations or advertisements for employees placed by or on behalf of HCWC that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, or national origin 261 3. HCWC will comply with all applicable equal opportunity laws, rules, regulations and orders. 4. HCWC will furnish all information and reports and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with equal opportunity and affirmative action. 5. In the event of HCWC’s noncompliance with the equal opportunity conditions of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part; HCWC may be declared ineligible for further contracts and such other sanctions may be imposed and remedies invoked as otherwise provided by law. (Physical or Mental Handicap) 6. HCWC will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employee is qualified. HCWC agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. (Age) 7. HCWC will not discriminate in employment against any person because of their age or specify, in solicitations or advertisements, a maximum age limit except and unless it is based upon a bona fide occupational qualification, retirement plan or statutory requirement. D. Real and Personal Property HCWC agrees that, as owner, lessee, assignee or managing agent of real or personal property, it will not refuse to rent, lease, sell or otherwise deny such property to any person(s) because of race, color, religion, sex or national origin; nor will HCWC discriminate in the terms or privileges of the rental, lease or sale or in the furnishing of services in connection therewith. Advertisements, solicitations, notices, statements, or circulations pertaining thereto will not limit, prefer, or discriminate on the basis of race, color, religion, sex or national origin. E. Minority and Female Entrepreneurship Consonant with and in furtherance of equal opportunity under law, HCWC agrees to consider and make reasonable use of minority-owned and female-owned businesses in the procurement of goods and service, in the use of real or personal property, and in contracting for construction. In all instances, affirmative emphasis will be given to minority-owned and female-owned businesses offering comparable quality and value. HCWC will similarly require equal opportunity/affirmative action on behalf of minority-owned and female-owned businesses in its financial agreements. SECTION XI. ORAL AND WRITTEN AGREEMENTS All oral or written agreements, relating to the subject matter of this Agreement and which were made prior to the date of commencement specified in Section III, between HCWC and the County have been reduced to writing and are contained herein. SECTION XII. AMENDMENTS Any alterations, additions, or deletions to the terms of this Agreement shall be by amendment hereto in writing and executed by both parties hereto except as may be expressly provided for in some other manner by the terms of this Agreement. 262 SECTION XIII. LEGAL AUTHORITY A. HCWC assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passes or taken giving HCWC legal authority to enter into this Agreement and to perform the service HCWC has obligated itself to perform under this Agreement. B. The person or persons signing this Agreement on behalf of HCWC warrant and guarantee to having been duly authorized by HCWC to execute this Agreement on behalf of HCWC to validly and legally bind HCWC to all terms, performances and provisions herein set forth. C. The County shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is any dispute as to the legal authority of either HCWC or the person signing this Agreement to enter into this Agreement. HCWC is liable to County for money it has received from the County for performance of the provisions of this Agreement, if the County has suspended or terminated this Agreement for the reason set aside in this Agreement. SECTION XIV. AUDIT At its sole discretion, the County may arrange for an independent audit of all funds received under this Agreement by the County audit staff, or a certified public accountant. Such independent audit rights of the County shall continue for three (3) years after the termination of this Agreement. SECTION XV. GEOGRAPHIC AND CLIENT COVERAGE HCWC shall provide performances under this Agreement only within Hays County and the immediate surrounding area and shall service only citizens or residents in the immediate surrounding area of Hays County in using the funds provided by the County hereunder, except in an emergency situation wherein it is a dire necessity that a non-citizen or non- resident in the immediate surrounding area of Hays County, but who is at the time of service in Hays County or the immediate surrounding area, receive service from HCWC, in the expenditure of funds provided hereunder, on a temporary basis. SECTION XVI. EARLY TERMINATION A. Either of the parties hereto shall have the right, in such party's sole discretion and at such party's sole option, to terminate and bring to an end all performances to be rendered under the terms hereof by notifying the other party hereto in writing of such termination at least thirty (30) days prior to the effective date of such termination. Should neither party exercise their right to terminate, this Agreement shall terminate in accordance with the provision of Section III. B. Upon termination or receipt of notice to terminate whichever occurs first, HCWC shall cancel, withdraw or otherwise terminate, any outstanding orders or subcontracts which relate to the performance of this Agreement and shall otherwise cease to incur costs hereunder. C. In no event shall the County be liable to HCWC or HCWC’s creditors for expenses incurred after termination date. D. In the event that HCWC has not exhausted the amount of money allocated to it in Section IV at the date of termination, HCWC shall return to the County within thirty (30) days and in the manner prescribed by the County all unexpended and uncommitted funds. [SIGNATURES TO FOLLOW ON NEXT PAGE] 263 WITNESS OUR HANDS EFFECTIVE THIS OF , 2019. HAYS-CALDWELL WOMEN’S CENTER Signature Type or print name COUNTY OF HAYS Ruben Becerra County Judge County of Hays 264 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 value of Right of Way along and including Fischer Store Road in Pct. 3. Possible action to follow in open court. ITEM TYPE MEETING DATE AMOUNT REQUIRED EXECUTIVE SESSION July 16, 2019 LINE ITEM NUMBER AUDITOR USE ONLY AUDITOR COMMENTS: PURCHASING GUIDELINES FOLLOWED: AUDITOR REVIEW: REQUESTED BY SPONSOR CO-SPONSOR KENNEDY SHELL N/A SUMMARY Summary to be presented in Executive Session. 265 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 July 16, 2019 LINE ITEM NUMBER AUDITOR USE ONLY AUDITOR COMMENTS: PURCHASING GUIDELINES FOLLOWED: AUDITOR REVIEW: REQUESTED BY SPONSOR CO-SPONSOR KENNEDY BECERRA N/A SUMMARY Information to be provided in Executive Session. 266 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, lease and/or value of real property owned by Hays County located on Paul's Valley Road in Pct. 4. Possible action to follow in open court. ITEM TYPE MEETING DATE AMOUNT REQUIRED EXECUTIVE SESSION July 16, 2019 LINE ITEM NUMBER AUDITOR USE ONLY AUDITOR COMMENTS: PURCHASING GUIDELINES FOLLOWED: AUDITOR REVIEW: REQUESTED BY SPONSOR CO-SPONSOR SMITH N/A SUMMARY Summary to be provided in Executive Session. 267