NOTICE OF REGULAR OPEN MEETING OF THE COMMISSIONERS …

NOTICE OF REGULAR OPEN MEETING

OF THE COMMISSIONERS COURT OF KINNEY COUNTY,

TEXAS

Date: Tuesday, May 26, 2020

Time: 9:00 AM

Place: Kinney County Courthouse

Kinney County District Courtroom

501 South Ann Street

Brackettville, Texas 78832

COMPLETE AGENDA:

Notice: Citizens Comments shall be limited to a maximum of 5 minutes to address the

Court regarding Agenda items only, Citizens must have filled out a Public Participation

Form and submitted to the court prior to the time the agenda item is addressed.

Pursuant to the Suspension Order by Governor Abbott, the Commissioners Court meeting

will be closed to protect the public, staff and members from potential exposure to the

Coronavirus (COVID-19). The public may participate in the meeting through the following

toll-free dial in number or video conference link. Please dial 830.563.4025 then press

453065# to be accepted to the meeting.

1. Call to order & quorum

2. Invocation and Pledge

3. Deliberate and Consider Action on the Following Items

a. Review/Approve/Disapprove DIR Shared Services Interlocal Contract DIR-SS-IL0300.

This will initiate an Election Security Assessment of Kinney County's election system

from a provider of cyber security through Texas Department of Information Resources.

Teleconference with Gene Moore -DIR (Interlocal Contract DIR-SS-IL0300). DIR

b. Approve/Disapprove/Reconsider/Rescind/Take action on estimate to construct the

concrete floor and rough-in plumbing for the new Civic Center restrooms in the amount of

$21,500.00 instead of $21,000.00 that passed in Commissioners Court meeting on May

11, 2020. Discuss bidding process. Review Attorneys opinion on proper steps to follow in

this construction project.

c. Discuss/Approve/Disapprove Resolution for 2020 Help America Vote Act (Hava) Cares

Act. This is under the Coronavirus Aid, Relief and Economic Security Act. HAVA Resolution

d. Approve/Disapprove Kinney County to purchase Auger from Robert Pena and approve

line item expenditure.

e. Review/Consider/ Approve/Disapprove Annual Road Report by Road Administrator

Robert Pena for submission to TXDOT under 251.005 and 251.018, TX Transportation

Code and the report for each precinct and submission of CTIF 2020 Grant to TXDOT and

Grand Jury of Kinney County May 28, 2020. K.C. Road Status Report

f. Approve/Disapprove Resolution LB21 Local Border Security Program #3667603, to be

operated for the period of September 1, 2020 through August 31, 2021. LBSP Resolution

4. Approve/Disapprove Kinney County Commissioner's previous minutes.

a. April 27, 2020 Regular Minutes

5. Request for Departmental Budget Adjustment and review, and/or amend 2019-2020

Budget as needed.

6. Approve bills and/or disbursements applicable to the Kinney County Detention

Center.

7. Examine/Ratify /Approve all claims, bills, including payroll, for Kinney County

Budget 2019-2020.

8. Departmental reports with comments as appropriate.

Kinney County Detention Center (Operation and Financial Procedures)

Kinney County EMS/Emergency Management Coordinator

Kinney County Aging Center

Kinney County Road & Bridge

Kinney County Agent

Kinney County Library

Kinney County Tax Assessor

Kinney County Judge

Kinney County Sheriff

Kinney County Indigent Health Care

Kinney County Justice of Peace

Kinney County Civic Center

9. Discuss any other items pertaining to County Business.

For information purposes only, no action may be taken on these items except to schedule

them for a future agenda.

10. Adjournment

Pursuant to the authority granted under Government Code, Chap. 551 the

Commissioners Court may convene a closed session to discuss any of the above

agenda items. Immediately before any closed session, the specific section or

sections of Government Code, Chap. 551 that provides statutory authority will be

announced.

Approved this 22nd day of May, 2020.

Tully Shahan , Kinney County Judge

I certify the above and forgoing was posted in compliance with Section 551.043,

Texas Government Code on May 22, 2020. Persons with disabilities who plan on

attending this meeting and who may require auxiliary aids are requested to contact

Administrative Assistant Yvette Garcia in the office of Kinney County Judge no

later than 12:00 noon on Wednesday prior to meeting.

Filed for Record

at 9:53 o'clock AM

May 22, 2020

County & District Clerk, Kinney CO.

MANAGED SECURITY SERVICES TERMS AND CONDITIONS

This agreement is part of and incorporated within the Interagency/Interlocal Contract (“Contract") thathas been entered into by the contracting parties. DIR Customer acknowledges and agrees that thisContract is with DIR and, therefore, DIR Customer does not have privity of contract with the SCPs.

Capitalized terms not defined herein shall have the meaning set forth in the relevant DIR SharedServices Contract.

DIR Customer agrees to the following conditions for receiving Managed Security Services:

1. Conditions for Providing Security Services

1.1 Access

DIR and/or Service Component Provider (SCP) shall use the Internet for primary access to DIRCustomer's systems unless otherwise noted and agreed upon. DIR Customer shall not employ specialaccess restrictions against DIR and/or Service Component Provider that it does not apply to the rest ofthe public network over the course of regular business.

1.2 Network Control

DIR Customer must inform DIR if DIR Customer does not control its network access and/or its Internetservice is provided via a third party. DIR Customer is responsible for obtaining all necessary approvals.DIR Customer shall provide all necessary contact information for the third parties that control its networkaccess, Internet service, and/or web applications. DIR Customer's emergency contact list shall includeprimary and secondary staff capable of administering DIR Customer computer systems speci?c to thetype of services being requested or required.

1.3 Disclosure of Objectionable Material

In conducting the services authorized by DIR Customer, DIR may inadvertently uncover obscene,excessively violent, harassing, or othenivise objectionable material that may violate State or Federallaw, including material that may infringe the intellectual property of a third party on DIR Customerdevices or networks. DIR shall notify DIR Customer's Executive Director or highest level executive ofthe existence of all such objectionable and/or potentially illicitmaterial so that DIR Customer may dealwith the objectionable and/or potentially illicitmaterial as it deems appropriate.

If DIR accesses child pornography, as defined in the Child Sexual Exploitation and Pornography Act,18 U.S.C., Chapter 110, in conducting approved Services, DIR shall report such to DIR Customer'sExecutive Director or highest level executive and an appropriate law enforcement agency and providethe law enforcement agency access to the visual depictions of child pornography.

IfDIR accesses information that they perceive as a serious threat to human life or safety in conductingthe approved Services, DIRshall report such threat to an appropriate law enforcement agency and DIRCustomer's Executive Director or highest-level executive.

1.4 No Warranties and Limitation of Liability

DIR makes no representation or warranty that its security services willdisclose, identify, or prevent allvulnerabilities. DIR hereby disclaims all warranties, both express and implied, including withoutlimitation, the implied warranties of merchantability and fitness for a particular purpose. In no eventshall DIR be liable for damages of any kind or nature that may arise from the services provided by DIRor DIR’s Service Component Provider or Service Provider.

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1.5 Servicelnterruption

DIR willendeavor not to disrupt DIR Customer’s services and to adhere to best practices for all workperformed. However, tools or services may affect the serviceability of poorly con?gured oroverextended systems or services. It is possible that control of DIR Customer’s system may be lost.For any testing that DIR may be conducting, DIR endeavors to use the safest methods to compromiseDIR Customer’s systems; however, DIR Customer should be prepared to restore a damaged systemfrom a recent, acceptable backup within an acceptable time as determined by DIR Customer. Duringany testing DIR may conduct, DIR will NOT conduct any deliberate Denial-of-Service attack. DIRCustomer agrees not to hold DIR liable in the event of any service interruption(s) that may arise as aresult of performance of any Services. Ifeither party becomes aware of a service interruption, that partywillnotify the other party’s emergency contact.

1.6 Termination of Services

If DIR Customer terminates certain Services, that it requested and approved, for convenience, DIRCustomer shall pay the remaining requisite unrecovered costs that have already been incurred priortothe notice of termination, such unrecovered costs willbe calculated in accordance with the relevant DIRShared Services Contract, SMM, or other DIR Customer approved terms. DIR Customer understandsthat it may not be able to terminate services or receive any refund of a pre-payment after approving therelevant ?nancial solution.

2. DIR and DIR Customer Responsibilities

2.1 DIR Customer agrees as follows to the extent assessment Services are requestedor required:

a) DIRCustomer responses to information requests and artifacts gathering pertinent to this securityand risk assessment willbe timely;

b) The artifacts data are reasonably available via interviews and documents review;

c) DIR Customer will make available the necessary Subject Matter Expert (SME) with requiredexpertise to work with the SCP Assessment Team and will remain available thru the duration ofthe assessment;

d) DIR Customer SME will be available when required for interaction with the SCP AssessmentTeam and that all the interviews will be conducted over the number of consecutive days asestablished during the project planning and scheduling phase;

e) DIR Customer is responsible for the coordination and scheduling of resources and providingmeeting facilities as necessary;

f) Deliverables will be complete when DIR Customer has approved in writing that the deliverablemeets the acceptance criteria;

g) Alldocument deliverables must be in formats (hard copy and/or electronic) as specified by DIRCustomer. At a minimum, the formats must be in industry-accepted standards (e.g., MS Word,MS PowerPoint MS Project);

h) DIR Customer will assist with meeting coordination for meetings between DIR Customer KeyPersonnel and DIR and the Service Provider and other staff to gather requirements and otheractivities;

i) DIR may receive final copies of reports if DIR is paying for the assessment.

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2.2 Penetration Testing

2.2.1 DIR Customer agrees as follows to the extent penetration testing (“PT”) isrequested or required:

a) SCP may conduct a passive scan to determine the number of live |Ps within the Customerdesignated IP range.

b) DIR Customer shall not intentionally place an unsecured system or device in the test scope.c) If DIR Customer detects SCP testing activities, DIR Customer technical staff shall follow

standard operating procedures and policies.

2.3 DIR Customer Compliance

DIR Customer shall comply with all policies, procedures, and processes in the relevant SMM(s) and asprovided by DIR.

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DIR Contract No. DIR-SS-ILC300

INTERLOCAL CONTRACTBETWEEN

THE DEPARTMENT OF INFORMATION RESOURCESAND

KINNEYCOUNTYRELATING TO THE USE OF THE DIR SHARED SERVICES MASTER SERVICE

AGREEMENTS

This lnterlocal Contract (“ILC" or “Contract”) is entered into by the governmental entitiesshown above as contracting parties (referred to individually as a “Party” and collectivelyas the “Parties”) pursuant to the provisions of the lnterlocal Cooperation Act, Chapter 791,Texas Government Code. This ILC is created to give effect to the intent and purpose ofSubchapter L, Chapter 2054, Texas Government Code, concerning statewide technologycenters, specifically sections 2054.376(a)(3), 2054.3771, and 2054,3851.

The entity receiving services under the DIR Shared Services Contracts through this ILCis hereinafter referred to as the “Receiving Entity” or the “DIRCustomer."

This ILC authorizes DIR Customer to participate in the Department of InformationResources (“DIR” or “Performing Agency”) Shared Services Program. The DIR SharedServices Program includes contracts that have been competitively procured by DIR. Allspecific services and products are purchased through the DIR Shared Services Programcontracts and subject to the processes and terms therein.

D|R’s Shared Services Program provides for a Multisourcing Service Integrator (MSI)service provider (“MSI SCP”) and various Service Component Providers (“SCP”). TheShared Services Master Service Agreements, as amended, are de?ned on the SharedServices web page on the DIR website (“DIR Shared Services Contracts”) and areincorporated herein. Unless othen/vise referenced, the references to Exhibits andAttachments herein are references to Exhibits and Attachments of the DIR SharedServices Contracts.

DIR Customer acknowledges and agrees that this ILC is with DIR and, therefore, DIRCustomer does not have privity of contract with the SCPs.

Capitalized terms not de?ned herein shall have the meaning set forth in the relevant DIRShared Services Contract.

SECTION ICONTRACTING PARTIES

DIR CUSTOMER: KINNEYCOUNTY

PERFORMING AGENCY: Department of Information Resources

DIR lnterlocal Contract v2, effective August 1, 2019 Page 1

DIR Contract No. DIR-SS—ILC300

SECTION IISTATEMENT OF SERVICES TO BE PERFORMED

2.1 Effect of ILC and General Process

The DIR Shared Services Program offers a variety of services and related support andproducts. The list of such services is provided through the DIR Shared Services Catalogand the DIR Shared Services portal. Further, SCPs may work with third-party vendors toprovide additional services or products within the requirements ofthe relevant DIRSharedServices Contract.

This ILCdescribes the rights and responsibilities of the Parties relating to implementation,operation, maintenance, use, payment, and other associated issues by and between DIRCustomer and DIR related to the Services to be provided through the DIR SharedServices Contracts. DIR Customer shall receive the Services described in the DIRShared Services Contracts, subject to the terms of the relevant DIR Shared ServicesContracts and this ILC. DIR Customer is only subject to those specific terms to the extentDIR Customer requests services or products through those specific DIR Shared ServicesContracts. Each speci?c DIR Shared Services program also has program-specific termsand conditions. Upon DIR Customer's approval of such terms and conditions, theprogram-specific terms and conditions are incorporated automatically herein.

The details of specific processes and procedures are contained in the relevant ServiceManagement Manual (“SMM”), developed by the MSI and/or SCPs, approved by DIR,and incorporated herein. The DIR Shared Services Contracts require the MSI and SCPsto develop appropriately documented policies, processes, and procedures and to providetraining to DIR Customer personnel where required to ensure effective service interfaces,before approval and adoption of the SMM.

The terms of the relevant DIR Shared Services Contracts will apply to this ILC and willremain in full force and effect except as may be expressly modi?ed by any amendmentto the specific DIR Shared Services Contract. Such amendments willautomatically applyto this ILCwith no further action by the Parties. DIR shall keep DIR Customer generallyinformed of such amendments and provide the opportunity to provide inputto DIR throughthe Shared Services portal as well as the DIR Shared Services Program Governancestructure described below.

2.2 DIR Shared Services Program Process

To obtain Services, DIR Customer shall either order services directly through the MSIMarketplace portal where certain services and pricing are established or request certainservices and products through the Request for Services process. This process is detailedin the relevant SMM for each SCP. As part of the response to a Request for Service, DIRCustomer will receive a proposal, including the proposed solution or service, estimatedcost or other financial obligations, if any, and any other relevant program-specific termsand conditions related to the services provided for in response to the Request for Service.

DIR Interlocal Contract v2, effective August 1, 2019 Page 2

DIR Contract No. D|R—SS—|LC300

DIR Customer may accept or decline those terms and services at that time. The final DIRCustomer approved technical solution, financial solution, and related terms arecontractually binding terms that incorporate the terms ofthis ILCand the relevant SharedServices Contract(s). The program-specific terms and all other service/solution relatedterms and conditions are incorporated herein automatically upon DIR Customer’sapproval of such terms and conditions. Later termination ofa Service or solution after anoriginal approval or any pre-payment, may result in additional cost to the DIR Customerand may not allow for any refund of payments already made.

2.3 Change Orders and Change Control

In accordance with the relevant SMM and Shared Services Contract requirements, DIRCustomer will coordinate with the MSI and/or SCP for all change requests. ChangeControl processes and authority may vary between DIR Shared Services Contracts as itrelates to the rights of Customers to request changes. Further, Change Control does notallow DIR Customers to alter terms and conditions of the DIR Shared Services Contracts.

SECTION IIIDIR CUSTOMER PARTICIPATION

3.1 General Shared Services Governance

Governance of the DIR Shared Services Program is based on an owner-operatorapproach in which DIR Customers, in the role of operator, actively work with all SCPs toresolve local operational issues and participate in committees to address enterprisematters. Enterprise-level decisions, DIR Customer issues, and resolution of escalatedDIR Customer-speci?c issues are carried out by standing governance committees,organized by subject area and comprised of representatives from DIR Customers, DIRmanagement, SCP management, MSI management, and subject-matter experts. DIRCustomers are structured into partner groups that select representatives to participate inthese committees. DIR Customer shall participate within this Governance structure asdescribed above and within the relevant SMM(s) (“Shared Services Governance”).

3.2 DIR Customer and SCP Interaction and Issue Escalation

In accordance with the relevant SMM(s), DIR Customer shall interface with SCPs on theperformance of “day-to-day” operations, including work practices requiring SCP and DIRCustomer interaction, issues resolution, training, planning/coordination, and “sign-off."Allissues are intended to be resolved at the lowest level possible. In those instances whereitbecomes necessary, the following escalation path is utilized. IfDIR Customer is not ableto resolve an issue directly with SCP staff, DIR customer escalates the issue to SCPmanagement. If the issue cannot be resolved by SCP management, DIR Customerescalates to DIR. Ifthe issue cannot be resolved by DIR, DIR Customer escalates to theappropriate DIR Shared Services Program Governance committee.

3.3 DIR Customer Specific Laws


DIR Contract No. D|R—SS-lLC300

Per the Compliance with Laws section of the DIR Shared Services Contracts, DIRCustomer shall notify DIR, in writing, of all DIR Customer-specific laws (“DIR Customer-Speci?c Laws”), other than SCP Laws, that pertain to any part of DIR Customer'sbusiness that is supported by SCPs under the DIR Shared Services Contracts, and DIRwillnotify SCPs, in writing, of such DIR Customer-Specific Laws. The Parties intend thatsuch DIR Customer-Specific Laws willbe identified and included in the portion of the SMMspeci?c to DIR Customer. DIR Customer shall use commercially reasonable efforts tonotify DIR, in writing, of any changes to DIR Customer-Specific Laws that may, in anyway, impact the performance, provision, receipt and use of Services under the DIRShared Services Contracts. DIR shall advise SCPs of such change and require that anychanges to DIR Customer-Specific Laws are identified and included in the SMM. Ifnecessary to facilitate DIR compliance with the requirements of the DIR Shared ServicesContracts, DIR Customer shall provide written interpretation to DIR ofany DIR Customer-Specific Law.

3.4 DIR Customer responsibilities

Where appropriate, DIR Customer shall support the following:

(a) Software currency standards are established for the Shared Servicesenvironment through the owner operator governance model. DIR Customerswill be engaged in approval of these standards and the development oftechnology roadmaps that employ these software currency standards. DIRCustomers are expected to remediate applications in order to comply with thestandards

(b) Technology standards (e.g. server naming standards, reference hardwarearchitectures, operating system platforms) are established through SharedServices Governance. DIR Customers will adhere to these standards. Anyexceptions willfollow governance request processes.

(c) DIR Customer shall ensure network connectivity and sufficient bandwidth tomeet DIR Customer’s needs.

(d) DIR Customers willcollaborate with SCPs to establish and leverage standard,regular change windows to support changes to enterprise systems. Thesechange windows will be constructed to support varying degrees of serviceimpact, from planned down-time to no service impact. Standard enterprisechanges during these windows may affect all systems in one or more of theconsolidated data centers simultaneously.

(e) DIR Customers will support the consolidation of commodity services intoshared enterprise solutions that leverage common management andconfiguration practices delivered by the service providers. Examples of suchcommodity services are SMTP mail relay and DNS management.


DIR Contract No. D|R—SS-|LC30O

(f) DIR Customers will support and align with standard enterprise ServiceResponsibilities Matrixes and associated processes for obtaining an exceptionor making improvements to the standard enterprise Service ResponsibilityMatrixes.

3.5 DIR Customer Equipment and Facilities

Any use by SCPs of DIR Customer Equipment and/or Facilities shall be limited to thepurpose of ful?lling the requirements ofthis ILC or the DIR Shared Services Contracts.

DIR Customer will retain ownership of DIR Customer Equipment. DIR Customer shallcomply with DIR refresh policies, as amended from time to time by DIR.

3.6 DIR Customer Contracts, Leases, and Software with Third Parties

DIR Customer will make availablefor use or use its best efforts to cause to be madeavailable for use by DIR and/or SCPs the DIR Customer Contracts and Leases with thirdparties (“DIR Customer Third Party Contracts and Leases") and DIR Customer third partysoftware (“DIR Customer-Licensed Third Party Software”) that pertain to the SharedServices. Any use by DIR and/or SCPs of DIR Customer Third Party Contracts andLeases and/or DIR Customer-Licensed Third Party Software shall be limited to fulfillingthe requirements of this ILC or the DIR Shared Services Contracts.

SCPs shall obtain all Required Consents in accordance with DIR Shared ServicesContracts. DIR Customer willuse its best efforts to assist SCPs to obtain from each ThirdParty Software Iicensor the right to use the DIR Customer-Licensed Third Party Softwarefor Services provided under the DIR Shared Services Contracts. Except to the extentexpressly provided othenivise and in accordance with the DIR Shared Services Contracts,SCPs shall pay all transfer, re-licensing, termination charges and other costs or expensesassociated with obtaining any Required Consents or obtaining any licenses oragreements as to which SCPs are unable to obtain such Required Consents. Ifrequestedby DIR, DIR Customer shall cooperate with SCPs in obtaining the Required Consents byexecuting appropriate DIR approved written communications and other documentsprepared or provided by SCPs.

3.7 Security

DIR Customer shall comply with recommended relevant security standards and relevantSCP security guides, as amended from time to time by DIR, the MSI, or the SCP. DIRCustomer shall inform DIR as to any DIR Customer specific security considerations.

DIR Customer acknowledges that any failure on its part to follow recommended securitystandards, policies, and procedures may place its own data and operations at risk as wellas those of SCP(s) and other governmental entities. DIR Customer accepts the relatedpotential risks and liabilities that are created by DIR Customer's failure to comply with therecommendations if it is determined such recommendations would have prevented anissue. DIR accepts no responsibility for the risk or liability incurred due to a DIR


DIR Contract No. D|R—SS-|LC300

Customer's decision to not follow D|R's recommendations. SCP will not be liable forviolations of security policies and procedures by DIR Customer. Additionally, failure tocomply with security standards, policies, and procedures may lead to the suspension ortermination ofthe availability of certain Applications and services. SCP willgive DIR andthe DIR Customer noti?cation of non-compliance.

SECTION IVCONTRACT AMOUNT

In accordance with terms of the DIR Shared Services Contracts, including all relevantpricing and accepted Request for Services proposals, and this ILC, DIR Customer shallbe responsible for and agrees to pay DIR the applicable Charges for Services receivedfrom the SCPs and the MSI, Services DIR Customer agrees to pre-pay, the DIR recoveryfees, any allocated charges, and any Pass Through Expenses incurred by DIR or SCPson behalf of DIR Customer. The applicable fees are set out in the relevant DIR SharedServices Contracts as incorporated herein and, if applicable, speci?cally addressed inresponse to any Request for Services. Certain pricing is based upon DIR Customer'sspecific consumption; therefore, DIR Customer controls the amounts and duration of thecontract amounts. It is understood and agreed that amounts are subject to changedepending upon Services required and/or requested and approved and further dependentupon legislative direction and appropriations available for such Services.

Attachment A provides the estimated spend for services as approved by DIR Customer.DIR Customer may complete this form, as may be required by DIR Customer‘s ownprocesses and procedures, and submit it to DIR. This form may be revised and updatedby DIR Customer at any time as needed without a formal amendment from DIR by DIRCustomer submitting to DIR an updated form. DIR Customer must adhere to its ownpolicies and processes for authorizing an adjustment to such amounts internally. DIRCustomer is solely responsible for monitoring compliance with Attachment A and tocommunicate any changes to Attachment A to DIR. DIR shall not be responsible formonitoring or ensuring such compliance.

SECTION VPAYMENT FOR SERVICES

DIR shall electronically invoice DIR Customer for Services on a monthly basis. CertainServices may not require Customer payment and, thus, may not be invoiced. Eachinvoice shall include the applicable monthly charges for Services received from the SCPs,the DIR recovery fees, all allocated charges, and any Pass-Through Expenses incurredby DIR or SCPs on behalf of DIR Customer in accordance with the DIR Shared ServicesContracts.

The DIR recovery fees shall be reviewed at least annually in accordance with therequirements for billed statewide central services as set forth in OMB Circular A-87, CostPrinciples for State, Local and Indian Tribal Governments (as updated, revised orrestated) and other applicable statutes, rules, regulations and guidelines. DIRshall retain


DIRContract No. DIR-SS-|LC300

documentation for the DIR recovery fees. DIR fees are also determined and reported inaccordance with DIR processes and sections 2054.0345-0346 of the Texas GovernmentCode.

Each invoice shall include sufficient detail for DIR Customer to allocate costs to all federaland state programs in accordance with the relative bene?ts received and to make federalclaims according to the federal cost plan of DIR Customer.

In orderto allow DIR to meet the statutory payment requirements in Chapter 2251, TexasGovernment Code, DIR Customer shall make monthly payments by check or ElectronicFunds Transfer (EFT) within twenty (20) days following receipt of each invoice from DIR.For purposes of determination of the payment due date, DIRand DIR Customer shall usethe date when the invoice is electronically transmitted by DIRto DIRCustomer and postedon the chargeback system along with reports that substantiate the service volumes andassociated charges. Although cash flow considerations require timely payments asrequired herein, the rights of DIR Customer and DIR to dispute charges shall beconsistent with Texas law.

The MSI SCP is required to develop and maintain a chargeback system. DIR shallcoordinate requirements and functionality for the chargeback system with DIR Customerneeds and requirements under federal and state requirements for invoiced chargesgenerated through the system. DIR Customer shall utilize this chargeback system to linkthe designated measurable activity indicators (such as applications or printjobs) with theappropriate ?nancial coding streams. DIR Customer shall update this informationmonthly, or at such other intervals as are necessary, to enable the MSI SCP to generateaccurate invoices re?ecting the appropriate distribution of costs as designated by DIRCustomer.

DIR Customer is liable for all costs and expenses associated with providing Servicesunder the ILC to the extent such costs and expenses have been incurred by DIR andsuch Services have been provided to DIR Customer or DIR Customer agrees to pay forsuch Services prior to receiving them.

Except as allowed in Texas Government Code, Chapter 2251, DIR Customer shall haveno right to set off, withhold or otherwise reduce payment on an invoice. In accordancewith Texas Government Code, Section 791.015, to ensure enforceability of paymentobligations, DIR Customer consents to DIR presenting this ILC and all unpaid invoices tothe alternate dispute resolution process, as set forth in Chapter 2009, Texas GovernmentCode. Provided, however, that such consent shall not constitute an agreement orstipulation that Services have been provided or that the invoices are correct. DIRCustomer expressly retains all rights to which it is entitled under Texas GovernmentCode, Chapter 2251, in the event of a disagreement with DIR as to whether Serviceshave been provided and accepted or an invoice contains an error.

If DIR Customer disputes an invoice, it shall present the billingdispute in writing directlyto the MSI through the Service Catalog within four (4) invoice cycles after the date DIRCustomer receives the invoice and reports that substantiate the service volumes and


DIR Contract No. DIR—SS—lLC30O

associated Charges from DIR. DIR Customer will provide to the MSI all relevantdocumentation to justify the billing dispute.

SECTION VITERM AND TERMINATION OF CONTRACT AND SERVICES

6.1 Term and Termination of ILC

The term of this ILC shall commence upon start of services or execution of this ILC,whichever shall come earlier, and shall terminate upon mutual agreement of the Parties.

This ILC is contingent on the continued appropriation of sufficient funds to pay theamounts speci?ed in DIR Customer's Requests for Services, including the continuedavailability of sufficient relevant federal funds ifapplicable. Continuation of the ILC is alsocontingent on the continued statutory authority of the Parties to contract for the Services.Ifthis ILC is terminated for any reason other than lack of suf?cient funds, lack of statutoryauthority, or material breach by DIR, DIR Customer shall pay DIR an amount suf?cient toreimburse DIR for any termination charges and any termination assistance chargesincurred under the DIR Shared Services Contracts and this ILC as a result of suchtermination by DIR Customer. DIR Customer shall provide at least ninety (90) days’written notice to DIR prior to termination. Payment of such compensation by DIRCustomerto DIR shall be a condition precedent to DIR Customer's termination.

DIR and DIR Customer acknowledge and agree that compliance with federal law andongoing cooperation with federal authorities concerning the expenditure of federal fundsin connection with the DIR Shared Services Contracts and this ILC are essential to thecontinued receipt of any relevant federal funds.

6.2 Termination of Services

If DIR Customer terminates certain Services, that it requested and approved, forconvenience, DIR Customer shall pay the remaining requisite unrecovered costs thathave already been incurred prior to the notice of termination, such unrecovered costs willbe calculated in accordance with the relevant Shared Services Contract, SMM, or theapproved services proposal and related terms. DIR Customer understands that it maynot be able to terminate services or receive any refund of a pre-payment after approvingthe relevant financial solution.

SECTION VIIMISCELLANEOUS PROVISIONS

7.1 Public Information Act Requests


DIRContract No. DIR-SS-ILCSOO

Under Chapter 552, Texas Government Code (the Public Information Act), informationheld by SCPs in connection with the DIR Shared Services Contracts is informationcollected, assembled, and maintained for DIR. DIR shall respond to Public InformationAct requests for SCP information. If DIR Customer receives a Public Information Actrequest for SCP information that DIR Customer possesses, DIR Customer shall respondto the request as it relates to the information held by DIR Customer. Responses torequests for con?dential information shall be handled in accordance with the provisionsof the Public Information Act relating to Attorney General Decisions. Neither Party isauthorized to receive or respond to Public Information Act requests on behalf of the other.IfSCP or DIR receives a Public InformationAct request for information or data owned byDIR Customer, DIR or SCP will refer the requestor to DIR Customer.

7.2 Inventory Control

DIR shall coordinate ?nancial accounting and control processes between DIR Customerand SCPs and ensure inclusion of reasonable control and reporting mechanisms,including any control and reporting mechanisms specifically required by DIR Customer,in the Service Management Manual. Such procedures shall speci?cally recognize DIRCustomer requirements for inventory control and accounting for state owned and leasedequipment and facilities, including hardware, software, contracts, and other items of valuethat may be utilized by, or authorized for use under the direction and control of SCPs.

7.3 Confidentiallnformation

DIR shall require SCPs to maintain the con?dentiality of DIR Customer information to thesame extent that DIR Customer is required to maintain the confidentiality of theinformation, and with the same degree of care SCPs use to protect their own confidentialinformation. DIR acknowledges that DIR Customer may be legally prohibited fromdisclosing or allowing access to certain con?dential data in its possession to any thirdparty, including DIR and SCPs. The relevant SMM shall document detailed confidentialityprocedures, including the process DIR Customer shall follow to identify confidentialinformation it is legally prohibited from disclosing or allowing access to by DIR and SCPsand including con?dentiality procedures required that are specific to DIR Customer. TheDIR Shared Services Contracts sets forth the con?dentiality obligations of SCPs.

DIR Customer shall notify DIR, in writing, (1) if DIR Customer is a covered entity subjectto the Health Insurance Portability and Accountability Act (HIPAA) privacy regulations at45 Code of Federal Regulations Parts 160 and 164, that is required to enter into abusiness associate agreement with DIR or SCPs; (2) if DIR Customer receives Federaltax returns or return information; and (3) if DIR Customer is subject to any otherrequirements specific to the provision of Services. If DIR Customer receives federal taxreturns or return information, then DIR Customer must comply with the requirement ofIRS Publication 1075 and Exhibit 7 to IRS Publication 1075. In the event a DIR customeris subject to additional requirement as mentioned in this section, DIR shall require SCPsto maintain the con?dentiality of DIR Customer information in accordance with language


DIR Contract No. DIR-SS-|LC300

included in Attachment B of this agreement. Such additional requirements as is includedin Attachment B of this agreement shall be included in the relevant SMM.

7.4 Notification Information

Contact information for purposes of noti?cation for each Party is set forth below.

DIR Customer's Primary Contact

Name: Rick AlvaradoTitle: Elections AdministratorAddress: 501 8 Ann St PO Box 9 Brackettville, TX 78832Telephone: 830-563-2521 x3Email: [email protected]

DlR‘s Primary Contact

[email protected]

The DIR Billing Contact is listed in the DIR Contacts section of the monthly SharedServices Payment Guidance letter, which is provided to the DlR Customer with themonthly Shared Services invoice.

7.5 Binding Effect

The Parties hereto bind themselves to the faithful performance of their respectiveobligations under this ILC.

7.6 Amendments

This ILC may not be amended except by written document signed by the Parties heretoor as specified within this ILC or the attachment being amended.

7.7 Conflicts between Agreements

if the terms of this Contract conflict with the terms of any other contract between theParties, the most recent contract shall prevail. This Contract provides a generaldescription of certain terms within the DIR Shared Services Contracts. Ifthe terms of thisContract con?ict with the terms of the DIR Shared Services Contracts, the DIR SharedServices Contracts’ terms shall prevail. lfthe terms ofthis Contract con?ict with the termsof an accepted proposal or solution from a Request for Services, this Contract shallprevail.

7.8 Responsibilities of the Parties


DIR Contract No. DIR-SS-ILC300

The Parties shall comply with all federal, state and local laws, statutes, ordinances, rulesand regulations and with the orders and decrees of any courts or administrative bodiesortribunals in any manner affecting the performance ofthe ILC. The parties do not intendto create a joint venture. Each Party acknowledges it is not an agent, servant or employeeof the other. Each Party is responsible for its own acts and deeds and for those of itsagents, servants and employees. Notwithstanding the foregoing, DIR willcooperate withDIR Customer in all reasonable respects to resolve any issues pertaining to federalfunding in connection with this ILCor the DIR Shared Services Contracts.

DIR and DIR Customer agree that Services contemplated in this ILC shall be governedby provisions in the DIR Shared Services Contracts regarding individual responsibilitiesof the parties, including Services provided by the SCPs. DIRCustomer shall comply withall policies, procedures, and processes in the relevant SMM (s) and as provided by DIR.In the event DIR Customer actions, failure to perform certain responsibilities, or Requestfor Services result in financial costs to DIR, including interest accrued, those costs shallbe the responsibility of DIR Customer. DIR and DIR Customer shall coordinate and planfor situations where conflicts, failure to perform or meet timely deadlines, or competitionfor resources may occur during the term of this contract. Unless otherwise speci?callyaddressed, the governance process, addressed above, for the DIR Shared ServicesContracts shall be used for issue resolution between DIR Customers, DIR and DIR SCPs.

7.9 Audit Rights of the State Auditor’s Office

In accordance with Section 2262.154, Texas Government Code and other applicable law,the Parties acknowledge and agree that: (1) the state auditor, the Parties’ internalauditors, and if applicable, the Office of Inspector General of DIR Customer or theirdesignees may conduct audits or investigations of any entity receiving funds from thestate directly under the Contract or the DIR Shared Services Contracts, or indirectlythrough a subcontract under the DIR Shared Services Contracts; (2) that the acceptanceof funds directly through this Contract or indirectly through a subcontractor under theContract acts as acceptance of the authority of the state auditor, under the direction ofthe legislative audit committee, the Parties’ internal auditors, and if applicable, the Officeof Inspector General of DIR Customer or their designees to conduct audits orinvestigations in connection with those funds; and (3) that the Parties shall provide suchauditors or inspectors with access to any information considered relevant by such auditorsor inspectors to their investigations or audits.

7.10 General Terms

Except as expressly provided herein, no provision of this ILC will constitute or beconstrued as a waiver of any of the privileges, rights, defenses, remedies or immunitiesavailable to DIR Customer. The failure to enforce or any delay in the enforcement of anyprivileges, rights, defenses, remedies, or immunities available to DIR Customer by lawwill not constitute a waiver of said privileges, rights, defenses, remedies, or immunities orbe considered as a basis for estoppel. Except as expressly provided herein, DIR


DIR Contract No. D|R—SS—|LC3OO

Customer does not waive any privileges, rights, defenses, remedies or immunitiesavailable to DIR Customer.

This Customer Agreement will be construed and governed by the laws of the State ofTexas. Venue for any action relating to this Customer Agreement is in Texas state courtsin Austin, Travis County, Texas, or, with respect to any matter in which the federal courtshave exclusive jurisdiction, the federal courts for Travis County, Texas.

If one or more provisions of this ILC, or the application of any provision to any Party orcircumstance, is held invalid, unenforceable, or illegal in any respect, the remainder ofthis ILC and the application of the provision to other Parties or circumstances willremainvalid and in full force and effect.

Signatom Warranty

Each signatory warrants requisite authority to execute the ILC on behalf of the entityrepresented.

SECTION VIIICERTIFICATIONS

The undersigned Parties hereby certify that: (1)the matters speci?ed above arenecessary and essential for activities that are properly within the statutory functions andprograms of the affected agencies of State Government; (2) this ILC serves the interestof efficient and economical administration of State Government; and (3) the Services,supplies or materials in this ILC are not required by Section 21, Article 16 of theConstitution of Texas to be supplied under contract given to the lowest responsible bidder.

INWITNESS WHEREOF, the Parties have signed this ILC effective on date of lastsignature below.

RECEIVING ENTITY: KINNEYCOUNTY

By:

Printed Name: James TullvShahan

Title: CountvJudge

Date:


DIRContract No‘ D|R—SS-|LC300

PERFORMING AGENCY: DEPARTMENT OF INFORMATION RESOURCES

By:

Printed Name: Sal|3LWard

Title: Director, Planninq and Governance

Date:

Legal:


DIR Contract No. DIR-SS—|LC30O

Attachments to ILC

Attachment A Estimated Spend Form — (Customer may provide Attachment A to DIR ifrequired by their processes.)

Attachment B Additional Confidentially Requirements — (As necessary and described inSection 7.3, Confidential Information)


DIR Contract No. D|R—SS—lLC300

Attachment AEstimated Spend Form

*This form is to be used as needed by the DIR Customer to capture spend within theShared Services Program. This amount may be based upon the DIR Customer’s biennialbudget(s).

Below are the estimated spend amounts for certain DIR Shared Services receivedthrough this ILC and may change based upon DIR Customer consumption. This amountis to be managed and monitored solely by the DIR Customer. Amounts may betransferred by the DIR Customerthat change this amount. Such increases or decreasesare strictly within the control of the DIR Customer.

DIR Customer is required to pay forany costs incurred in accordance with this ILC andthe related DIR Shared Services Contracts regardless of the estimated spend amountsre?ected herein.

Updates to this form may be executed through written notice by the DIR Customer to DIR.

Costs, such as incremental network expenses, which are billed directly to or paid by theDIR Customer, are not included in these amounts.

For the period MONTH DAY YEAR through MONTH DAY, YEAR the estimated spendis $XX,XXX as the spend applies to Services.

DIR Customer acknowledges and agrees that the responsibility to manage, monitor, andchange the amounts contained in this form are the sole responsibility of the DIRCustomer. Further, each signatory warrants requisite authority to execute any changesto this Attachment A in accordance with the DIR Customer's applicable approvalprocesses.

By:

Printed Name:

Title:

Date:

DIR Interlocal Contract V2,effective August 1, 2019 Page 15

DIR Contract No. DIR-SS-|LC300

Attachment BAdditional Confidentiality Requirements

None.


RE: Election Security Assessment Interlocal Contract Kinney CountyDIR-SS—ILC0300From: Shared Services Contract Office <[email protected]>

Sent: Wed, Apr 29, 2020 at 2:49 pm

To: Shared Services Contract Office, '[email protected]‘, ‘clerk.ra|[email protected]'

MSSTerms and Conditions.pdf (146.2 KB) KNYCTYDIR»SS—ILC0300.pdf (242.5 KB) — Download all

Dearludge Shahan and Mr. Alvarado,

This is a follow—upto providing necessary documentation related to initiating an Election Security

Assessment (”ESA“)through the Secretary of State's partnership with the Texas Department of InformationResources (”D|R").

To date, our records show that your county has not returned the ILCprovided to you on 11/27/19.By

completing the paperwork, county election officers can proceed with the scheduling and coordination forthe assessment of their election system from a provider of cybersecurity assessments through DIR.

Instructions for completing the ILCis as follows:0 Return a signed ILCvia email to DIRShared Services Contract Office Mailbox

([email protected])- Include an acknowledgement stating acceptance of the terms of the Managed Security Services

(MSS) program. EXAMPLE:" Kinney County accepts the terms and conditions for MSS”.

As a reminder, Election Advisory No. 201912 states counties must complete their ESAbyJu|y 31, 2020.

Once fully executed by DIR, a copy will be sent back to you for your records.

Your cooperation and assistance in expediting these efforts willensure our mutual success in this endeavor.

Thank You,

Tracy Limon, CTCMContract ManagerContract Management OfficeTexas Department of Information Resources512-475-4581

Tracy.|[email protected]

From: Shared Services Contract Office <[email protected]>Sent: Monday, April 6, 2020 1:01 PMTo: Shared Services Contract Office <[email protected]>;‘[email protected]‘ <[email protected]>; 'clerk.ra|[email protected]‘<c|erk.ra|[email protected]>Cc: Terese Shade <[email protected]>Subject: RE: Election Security Assessment Interlocal Contract Kinney County DlR—SS—lLC030O

Hello,I'm following up on this request.

Please let me know if you have any questions.

Thank You,

Tracy Limon, CTCM

Contract Manager

Contract Management OfficeTexas Department of Information Resources512-475-4581Tracy.|[email protected]

From: Shared Services Contract OfficeSent: Wednesday, November 27, 2019 9:51 AMTo: county.'[email protected]; [email protected]: Terese Shade <[email protected]>; Suzi Hilliard <suzi.hi||iard dir.texas. ov>Subject: Election Security Assessment lnterlocal Contract Kinney County DlR~SS—ILC030O

Dear Judge Shahan and Mr. Alvarado,

Thank you for expressing interest in receiving an election security assessment through the TexasDepartment of Information Resources (DIR). In order to receive the election security assessment, DIRrequires that your county enter into an lnterlocal Contract (ILC)with DIR.

The election security assessment services are part of the DIRShared Technology Services Programand fall specifically under DlR'sManaged Security Services (MSS) program.

DIRutilizes a global lnterlocal Contract (ILC)for all its Shared Technology Services Program. Theattached ILC(DIR—SS—|LC0300)provides customers with general access to the Shared Technology ServicesPrograms and contains terms that are applicable to all DIRShared Technology Services.

In addition to the Managed Security Services (MSS), DlR'sShared Technology Service Programincludes the Data Center Services (DCS),Managed Application Services (MAS), Open Data Portal (ODP), andTexas.gov Services. By signing the ILC,your organization is not obligated to participate in or buy any ofthese services. The ILCdoes allow you add these services at any time.

I have also attached a copy of DlR'sShared Technology Services Program Brief so that you may bemore fully aware of the services offered as part of DlR's Shared Technology Services program. Should youwish to add an additional Shared Technology Service in the future, you will only need to formally accept theadditional terms specific to that service.

Attachments A and B to the ILCdo not apply to the election security assessment services asSecretary of State (SOS) will be paying for this service with HAVA funds for the participating counties.We do ask you to leave these documents attached to the ILCin case you need them for future services.Once the ILCsigned, you will receive the Service Package Proposal (SPP) which outlines the scope, timeline,acceptance and payment. The SPP will contain terms that state all billing and payments will be handled bythe SOS and that any provisions of the ILCrelating to billing and payment will not apply the electionsecurity assessments.

Please Note: For contract management efficiencies, these ILCcontracts and service specific terms areconsistent for all customers.

Please review the attached documents and provide acceptance of both the terms of the ILCand theservice specific terms for Managed Security Services (MSS)by returning the signed ILCdocument via e—mai|

to [email protected]. Please include a statement within the email that your

organization accepts and agrees to the MSS program specific terms. I willprocess the document for DIR

signature and provide you with a copy of the fully signed document.Please return the following at your earliest convenience:0 A signed ILCincluding Attachments A and 8 even though your organization is NOT required

to use these attachments for the Election Security Assessment offering. Please do not sign Attachment A

if you do not use it.- An affirmative statement in your email stating acceptance of the terms of the Managed

Security Services (MSS) program.0 This statement can be as simple as "Kinney County accepts the terms and conditions for

MSS".

Please let me know if you have any questions or concerns.

Thank You,

Tracy LimonContract Manager

Shared Technology Services, Enterprise Contract Management

Texas Department of Information Resources512-475-4581Tracy.|[email protected]

RESOLUTION OF THE COMMISSIONER’S COURT OF KINNEY COUNTYREGARDING APPLICATION FOR FUNDS UNDER HAVA/CARES ACT GRANT

WHEREAS, the Coronavirus Aid, Relief and Economic Security Act (CARES ACT)includes $400 million in new Help America Vote Act (HAVA) emergency funds, made availableto states to prevent, prepare for, and respond to the coronavirus for the 2020 Election Cycle; and,

WHEREAS, Texas has received over $24.5 million of the CARES fund and through theSecretary of State’s Of?ce has elected to sub-grant all the funds to counties in Texas; and,

WHEREAS, Kinney County has been informed that we are eligible for these fundsthrough Chapter 19 of the Texas Election Code, and that the Texas Secretary of State hasdetermined that Kinney County’s 20% cash match can be funded through Chapter 19 funds; and,

NOW, THEREFORE, be it RESOLVED that the Kinney County Commissioners Courtagrees to apply for its allocation of the Chapter 19 funds under the CARES ACT based on thefollowing:

Kinney County Commissioners Court agrees that the expenditure of the funds will be inaccordance with applicable federal and state law and any agreement between Kinney County andthe State of Texas, Office of Secretary of State as authorized under Section 101 of the HelpAmerica Vote Act of 2020 and in consultation and agreement with the county election of?cials(s)as defined in Section 12.0001 and 3l..9l of the Texas Election Code.

Kinney County Commissioners Court agrees to assign a single point of contact (SPOC) toact on behalf of the county in communicating with the Of?ce of the Secretary, including thesubmission of all necessary reports.

Kinney County Commissioners Court agrees claims against the fund shall be audited andapproved in the same manner as other claims against the county before they are paid.

Kinney County Commissioners Court agrees that it will not consider the availability of thefunds in adopting the County budget.

Kinney County Commissioners Court agrees that in the event of loss, misuse, ornoncompliance pursuant to any grant award agreement with the Secretary of State, Kinney countyCommissioners Court assures that the funds will be returned to the Office of the Secretary of Statein full.

Dated this 26”‘day of May, 2020

Tully Shahan, Kinney County Judge

Mark Frerich, Commissioner Pct. 1 Joe Montalvo, Commissioner Pet. 2

Dennis Dodson, Commissioner Pct. 3 Tim Ward, Commissioner Pct. 4

Attest:

Rick Alvarado, Kinney County Clerk

KINNEYCOUNTYROAD STATUS REPORT

SUMMARY: ANNUALROADREPORT

REPORT DATE PROJECT NAME PREPARED BY

May 26, 2020

STATUSSUMMARY

Annual Road Condition Report Robert Pena, Road Superintendent

Annual Road Report to Commissioner's Court as required by Statute — Section 251.005 and 251.018

ROADCONDITIONOVERVIEW

ROADOR SECTIONOF ROAD

Standard Lane Las MorasRoad to Hwy 90

L85 Moras Road

George Rose Lane

Nueces River Road

TLIISTOSSRO?d

CONDITION TRAFFICCONTROL CAUSE OFDEVICES DEFACED OR DEGRADATIONTORN DOWN

Good None Heavy ralns, floodingand Increased flowfrom new Rallroadculverts

Ollfleld heavy trucktrafflc and Increasedtrafflc

Falr None

Heavy ralns,Improvements neededfrom annual use

Poor None

Heavy ralns andflooding

Poor 1 slgn

None Heavy ralns andfloodlng

POOP

BRIDGES, CULVERTS, OROTHER IMP FOR ROADTO BE INGOOD CONDITION

Up to 6 culverts needed toIncrease drainage to make roadpassable durlng floodlng.

Up to 4 culverts needed toreduce the amount of waterthat flows across the roaddurlng floodlng.

Needs material to Improve theroad surface and 4 culverts forImproved dralnage.

Needs 200 feet of slabextenslon on water crossing tocomplete crosslng; 300 feet ofconcrete to repalr uneven slab

Up to 6 culverts needed forimproved dralnage. Needs

materlal to Improve roadsurface.

Guajlllo Road Excellent None None

Elf Road Excellent None None

Mud creek Road Falr None Increased trafflc use Need to replace one old culvertwlth 3 new culverts; newcement slab to replace crackedand damaged cement slab andInclude materlal to ralse roadsurface

Anacacho Road Good 1 slgn Heavy ollfleld trafflc Needs backflll materlals toand Increased traffic repalr washouts to prevent

eroslon and Install newguardralls.

Standard Lane Las Moras Falr None Heavy trafflc from Needs materlal to Improve roadRoad to 131 Rallroad workers, surface and up to 3 culverts to

Border Patrol and Improve dralnage.ollfleld trafflc

BUDGETOVERVIEW

ROAD OR SECTION OF ROAD AMOUNT NEEDEDFOR COSTOF BRIDGES, PRECINCT MILEAGEGENERALMAINTENANCE CULVERTS, OR OTHER

IMPROVEMENT

Standard Lane Las Moras $14,880 $8,200 1 12.4Road to Hwy 90

Las Moras Road $10,920 $6,088 1 9.1

George Rose Lane $3,240 $21,088 2 2.7

Nueces Rlver Road $9,600 $305,000 2 8.0

Tularosa Road $7,800 $19,200 2 6.5

Guajlllo Road $1,800 3 1.5

Elf Road $300 3 .25

Mud creek Road $6,000 $138,600 3 5.0

Anacacho Road $10,680 $5,000 4 8.9

Standard Lane, Las Moras $7,200 $20,600 4 6.0Road to 131

Page 2

Submitted to Kinney County Commissioners by the undersigned on this day of , 2020.

Robert Pena, Kinney County Road Superintendent

Robert Pena, Road Superintendent

Subscribed and sworn to, before me, the undersigned authority, this day of , 2020.

Notary Public

My commission expires:

Page 3

COUNTYOF KINNEY §

(D)

PRECINCT N0. 1 §

ANNUALROAD REPORT

Pursuant to Chapter 251.005 and 251.018 of the Transportation Code, I affirm that the following

Statements and Exhibits are true so far as I know and believe.

1.

2.

Condition of each road, culvert and bridge in the precinct and the primary cause of any road,culvert or bridge degradation: See Kinney County Road Status Report.

Amount of money reasonable necessary for maintenance of the precinct roads during the nextfiscal year: $25,800.

Number of traffic control devices in the precinct defaced or torn down:

a. Tom Down 9 b. Defaced 9Any new road that should be opened in the precinct: None planned.

Any bridges, culverts, or other improvements necessary to place the precinct roads in goodcondition and the probable cost of the improvements: $14,288.

Submitted by the undersigned on this day of , 2020.

Commissioner, Precinct No.

Subscribed and sworn to, before me, the undersigned authority, this day of

Notary Public


COUNTYOF KINNEY §

l?ltm

PRECINCT N0. 2

ANNUALROAD REPORT



6. Condition of each road, culvert and bridge in the precinct and the primary cause of any road,culvert or bridge degradation: See Kinney County Road Status Report.

7. Amount of money reasonable necessary for maintenance of the precinct roads during the nextfiscal year: $20,640.

8. Number of traffic control devices in the precinct defaced or torn down:

a. Tom Down 1 b. Defaced Q9. Any new road that should be opened in the precinct: None planned.

10. Any bridges, culverts, or other improvements necessary to place the precinct roads in goodcondition and the probable cost of the improvements: $345,288.




Notary Public


COUNTYOF KINNEY §

PRECINCTNO. 3

(0)10)

ANNUALROAD REPORT



11. Condition of each road, culvert and bridge in the precinct and the primary cause of any road,culvert or bridge degradation: See Kinney County Road Status Report.

12. Amount of money reasonable necessary for maintenance of the precinct roads during the next

fiscal year: $8,100.

13.Number of traffic control devices in the precinct defaced or torn down:

a. Tom Down Q b. Defaced Q14.Any new road that should be opened in the precinct: None planned.

15. Any bridges, culverts, or other improvements necessary to place the precinct roads in goodcondition and the probable cost of the improvements: $138,600.




Notary Public


COUNTYOF KINNEY §

PRECINCTNO. 4

003(0)

ANNUALROAD REPORT



16.Condition of each road, culvert and bridge in the precinct and the primary cause of any road,culvert or bridge degradation: See Kinney County Road Status Report.

17. Amount of money reasonable necessary for maintenance of the precinct roads during the nextfiscal year: $17,880.

18.Number of traffic control devices in the precinct defaced or torn down:

a. Tom Down ; b. Defaced Q19.Any new road that should be opened in the precinct: None planned.

20. Any bridges, culverts, or other improvements necessary to place the precinct roads in goodcondition and the probable cost of the improvements: §25.600.




Notary Public


Page 7

Kinne Coun Maintenance Work Order

Date/1"ime: 05-21-2020 9:30

RequestedBy: Brad Co_

Department: Sheriffs Of 1

Nature of The Job: In accordance with Title 11, SubtitleB, Chapter 351,Subchapter A, Sec. 351.004 (4) of the Local GovernmentCode, the following repairs are needed:

Wall socket in west side dayroornnot working

Received By/Date:

CompletedDate:

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Ct YVE'|'l'E GARCIA:830.563.2401 ext 2

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12:35

5/21/2020, 10:01 AM

COMMISSIONERS’ COURTKinney County, Texas

RESOL UTI 0N

WHEREAS, The Kinney County Commissioners’ Court finds it in the bestinterest of the citizens of Kinney County that the LB21 Local BorderSecurity Program (LBSP) #3667603, be operated for the period ofSeptember 1, 2020 through August 31, 2021.

WHEREAS, The Kinney County Commissioners’ Court understands thatthere is no matching fund requirement for the said project grant.

WHEREAS, The Kinney County Court agrees that in the event of loss ormisuse of Office of the Governor funds, Kinney County assures the fundswill be returned to Of?ce of the Governor in full.

WHEREAS, The Kinney County Commissioners’ Court designates TullyShahan, as the grantee’s authorized official. The authorized official is giventhe power to apply for, accept, reject, alter or terminate the grant on behalfof Kinney County.

NOW THEREFORE, BE IT RESOLVED THAT The Kinney CountyCommissioners’ Court approves submission of the application for the LB21Local Border Security Program (LBSP) FY2021 Grant, to the Office of theGovernor.

PASSED, ADOPTED AND FILED on this the day of 2020.

Grant: #3667603

Honorable Judge Tully Shahan

Honorable Mark Frerich Honorable Joe MontalvoCommissioner Precinct 1 Commissioner Precinct 2

Honorable Dennis Dodson Honorable Tim WardCommissioner Precinct 3 Commissioner Precinct 4

MINUTES OF REGULAR OPEN MEETINGOF THE COMMISSIONERS COURT OF KINNEY

COUNTY, TEXAS

MEMBER PRESENT: Tully Shahan , Tim Ward, and Joe Montalvo

MEMBER LATE:

MEMBER ABSENT: Mark Frerich and Dennis Dodson

With a quorum being present, Judge Shahan called the meeting to order at KinneyCounty Courtroom Monday, April 27, 2020 9:02 AM.

1. Invocation and Pledge

a. Led by Judge Tully Shahan.

2. Call to order & quorum

a. Meeting called to order and quorum established.

3. Deliberate and Consider Action on the Following Items

3.. Conduct Public Hearing on the designation of Reinvestment Zone No.002.

Thursday, April 16, 2020 a Public Notice was published in the newspapershowing all the areas where all the Tax Abatement Reinvestment Zone wouldoccur.

Public Hearing open to the public for comments.

No Comments, No Action to be taken.

Discuss/Approve/Disapprove adopting order designating, creating, andestablishing Reinvestment Zone No. 002.

Judge Tully Shanan read Order for the record.

Moved by Tim Ward, seconded by Joe MontalvoTo approve adopting the Order of The Commissioners Court of KinneyCounty, Texas Designating, Creating and Establishing County ReinvestmentZone No. 002, with exhibits "A" and "B“ attached.

CARRIED

Discuss/Approve/Disapprove the form of the Tax Abatement Agreementwith Zier Solar.

Moved by Joe Montalvo , seconded by Tim WardTo approve the tax abatement form not the execution of the agreementwithexhibit "C" attached.

CARRIED

Page 1 of 5

Discuss/Approve/Disapprove Mutual Aide Agreement between LaughlinAFB, Del Rio Texas and Kinney County Emergency Medical Services forEmergency Medical Services.

Moved by Joe Montalvo , seconded by Tim WardTo approve the Memorandum of Understanding between Laughlin AFB, DelRio, Texas and Kinney County Emergency Medical Services for EmergencyMedical Services.

CARRIED

Approve/Disapprove CFC Roofing labor bid in the amount of $3,800.00to remodel/enlarge meeting room in the County Extension Building.Kinney County will furnish materials. ( This was initially awarded toHector Reyes in the amount of $3,300.00, on January 27, 2020 but wasunable to start the work).

Moved by Tully ShahanTo approve CFC Roo?ng labor bid in the amount of $3,800.00 toremodel/enlarge meeting room in the County Extension Building, and KinneyCounty to furnish materials.

CARRIED

Discuss/Approve/Disapprove estimate #1019 from NetPro1 in the amountof $9,535.73 for Kinney County Courthouse server.

Moved by Tim Ward, secondedby Joe MontalvoTo approve estimate #1019 from NetProl in the amount of $9,535.73 forKinney County Courthouse server.

CARRIED

Review and Certify the amount of the bid awarded to CFC Roo?ng forrepair of the 4-H Center in the Commissioners Court bid deliberationpassed on April 13, 2020.

Clari?cation and approve the correctionsin the minutes.

Discuss/Approve/Disapprove purchase of Power shredder from Of?ceDepot in the amount of $211.13 for the Kinney County SheriffsDepartment.

Moved by Tim Ward, seconded by Joe MontalvoTo approve purchase of Power Shredder from Office Depot in the amount of$211.13 for the Kinney County Sheriffs Department.

CARRIED

Approve/Disapprove Resolution letter~ Grant #4141401, Kinney CountySheriffs Of?ce COVID-19 Coronavirns Emergency SupplementalFunding (CESF) FY20.

Judge Shanan read Resolution for the Court's Record.

Moved by Joe Montalvo , seconded by Tim WardTo approve Resolution letter - Grant #4141401, Kinney County SheriffsOf?ce COVID-19 Coronavirns Emergency Supplemental Funding (CESF)

Page 2 of 5

4.

FY20.CARRIED

Coronavirus (COVID-19) Update for Kinney County.

Judge Shahan:0 National Guard was at the Civic Center with three stations for

residents to drive thru for testing. 39 residents of Kinney County were

tested. The test kits were ?own to San Antonio for results, eachresidentwill get a phone call with their test results within 2-3 days.

No Action to be taken - Update only

Approve/Disapprove Kinney County Commissioner's previous minutes.

Minutes of March 23, 2020

Moved by Tim Ward, seconded by Joe MontalvoTo approve minutes of March 23, 2020 with the following corrections underline item (3e) under CFC Roo?ng for clari?cation on bid amounts: FritterRoom $19,000.00; New Extension Building $53,500.00; and SeniorCenter/Entry/Roof $39,750.00.

CARRIED

Minutes of April 13, 2020

Moved by Tully Shahan , seconded by Joe MontalvoTo approve minutes of April 13, 2020 as presented with corrections.

CARRIED

Request for Departmental Budget Adjustment and review, and/or amend2019-2020 Budget as needed.

Budget Adjustments

1. County/Maint:a. 010-4-1201-1500 Transfer in from TexPool - Current $ - 1

Change $(266,000.00) | Revised $ -

b. 010-5-2600-0700 Building Maintenance - Current $535,239.33Change $266,000.00 1Revised $801,239.33

2. KCSO:a. 010-5-2500-0612 Prisoner Health Care - Current $10,928.09 1

Change $(1,888.57) | Revised $9,039.52b. 010-5-2500-0504 Postage - Current $2,000.00 | Change

$369.96 | Revised $2,369.96c. 010-5-2500-0631 Uniforms — Current $2,071.91 | Change

$10.93 | Revised $2,082.84d. 010-5-2500-0660 Prisoner Transport ~ Current $1,628.50 1

Change $207.76 | Revised $1,736.26e. 010-5-2500-1301 COPSYNC Expense - Current $10,795.00 [

Change $1,299.92 | Revised $12,094.923. KCSO/Maint:

a. 010-5-2600-0700 Building Maintenance - Current $570,801.29| Change $(35,561.96) 1Revised $535,239.33

b. 010-5-2500-0671 Inmate Housing - Current $309,198.71 |

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6.

Change $35,561.96 1Revised $344,760.67

Moved by Tim Ward, seconded by Joe MontalvoTo approve budget adjustments as presented.

CARRIED

Approve bills and/or disbursements applicable to the Kinney CountyDetention Center.

a. Bills and Disbursements

Moved by Tim Ward, secondedby Joe MontalvoTo approve bills and disbursements applicable to the Kinney CountyDetention Center in the amount of $1,028,525.88.

CARRIED

Examine/Ratify /Approve all claims, bills, including payroll, for KinneyCounty Budget 2019-2020.

a. Claims, Bills, and Payroll

Moved by Tim Ward, seconded by Joe MontalvoTo approve all claims, bills and payroll for Kinney County Budget 2019-2020in the amount of $1,203,458.42.

CARRIED

Discuss any other items pertaining to County Business.For information purposes only, no action may be taken on these items except toschedule them for a future agenda.

a. Court Comments:0 Alrna Gutierrez and Candy Hobbs will be looking at a grant from

TxDot for $71,000.00, a 20% county match is required. They will alsobe checking into the FEMA grant.

0 EMS received a check in the amount of $3,300 and change. There are

some guidelines pertaining to these funds, if the funds are acceptedthen EMS agencies cannot invoice for ambulance services. Funds are

in lieu of future billing. There is a 30 day window to approve ordisapprove funds.

Departmental reports with comments as appropriate.Kinney County Detention Center (Operation and Financial Procedures)

Kinney County EMS/Emergency Management CoordinatorKinney County Aging CenterKinney County Road & BridgeKinney County AgentKinney County LibraryKinney County Tax AssessorKinney County JudgeKinney County SheriffKinney County Indigent Health CareKinney County Justice of PeaceKinney County Civic Center

10. Adjournment

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a. With no further business, meeting is closed.

Moved by Joe Montalvo , seconded by Tim WardTo adjourn @ 10:39 am.

CARRIED

Approved this the day of , 2020.

Attest:

Rick Alvarado, County Clerk

By:_

Deputy

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