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County authorizes agreement with Wimberley for floodplain admin, environmental health

Court updates Hays County credit card policy

At its Dec. 3 meeting, the Hays County Commissioners Court unanimously approved the execution of an interlocal agreement (ILA) with the city of Wimberley for floodplain administration and environmental health services, as well as updated the Hays County policy for credit card use.

The court’s action follows Wimberley City Council approving a renewed ILA, with minor changes, between the city and Hays County at the city's Nov. 21 meeting. According to the commissioners court agenda documents, the city of Wimberley has continuously requested the county's assistance in administering its flood protection, on-site sewage facilities and food establishment programs. This includes the review, inspection and enforcement of the programs' regulation within the incorporated limits.

This agreement outlines the arrangement of the city of Wimberley rescinding its on-site sewage facility and food establishment regulations; Hays County will be administering and enforcing county regulations in place of the city’s. As drafted, the agreement requests a cost of $3,000 per month to the county for these services.

Along with paying a monthly flat fee to the county, obligations that the city of Wimberley has under the agreement include: reviewing its flood damage prevention regulations from time to time and updating them; taking any and all actions necessary to remain in compliance with federal, state and local regulations during the entire term of the agreement.

County obligations, as stated in the agreement, are as follows:

• The county may contract to perform services similar or identical to those specified in this agreement for such additional governmental or public entities as the county sees fit.

• The county is responsible for any civil liability relating to the furnishing of services under this agreement.

• The county shall be acting as an independent contractor for the city in performing services contemplated by this agreement.

• The county shall hold the city free and harmless from any obligation, costs, claims, judgements, attorney's fees, attachments and other such liabilities arising from or growing out of the services rendered to the city pursuant to the terms of this agreement or in any way connected with the rendering of said services, except when the same shall arise because of the willful misconduct or negligence of the city.

• The county will perform all duties of floodplain administrator and provide to the city reviews, inspections and enforcement.

• The county will review, inspect, permit and enforce its food establishment regulations.

• The county shall perform health inspections for daycare facilities and foster care facilities as requested by the owner of the establishment.

• The county shall conduct its Mosquito Surveillance Program within the boundaries of the city, which consists of trapping mosquitoes, transporting mosquitoes and documenting/reporting findings. The city allows the county to enter and place mosquito traps on property in which the city owns.

“This is a renewal of an agreement that we have been doing for quite some time. We did amend it significantly last time, as far as what we are paid to do those services, just to take care of things that cost a little more than they are used to,” explained commissioner Lon Shell. “We would obviously hope that at some point, the city of Wimberley would provide these services within their jurisdiction, but until they are able to, we will continue to do this.”

Hays County and the city of Wimberley are both working toward revamping the agreement pursuant to the cost of services, staff hours and time dedicated to providing the services, said Hays County Development Services Director Marcus Pacheco.

“We are all one county. We partner with our cities as well,” Pacheco said, “but with the cost of everything else going up, revamping our interlocal agreement with the city and planning in accordance with the upcoming budget preparations, both the county and city will work towards revamping this agreement in the future.”

Following the court’s approval, this agreement is for a duration of 12 months. At the end of the 12-month period, a new agreement will need to be approved.

Credit card policy

The court also unanimously approved updates and revised language in the Hays County Policy for Credit Use following a request from county staff to outline the various processes since the creation of the Purchasing Office.

“This is in result to the last court that we met, Nov. 19, we updated our credit card contract with the division of purchasing coming out of the Auditor's Office, just updating some of the verbiage to remove Auditor's Office to Purchasing Office,” explained Stephanie Hunt, purchasing agent.

Some of the changes include removing “credit card limit shall not exceed $1,500.00 without commissioners court approval” to replace it with “the Purchasing Office will review the requested credit card limit with the Budget Office prior to submitting the recommended credit card limit to commissioners court for approval.”

“We did remove the $1,500 limit. We always come to court and request a limit anyways. Most of it is over $1,500, but I put in there that the Purchasing Office will review the credit card limit with the Budget Office because what we are looking at is, normally, the credit card requests are for training and continuing ed[ucation],” Hunt said. “So, we are looking at how much money they typically spend in that budget category to give them a more appropriate credit card limit to withstand their travel for their training.”

Other changes include updating some of the verbiage as far as turning in receipts to the Auditor's Office, not purchasing, as well as other clarifications that were needed in the policy.

“Then, on number nine, just clarifying that the countywide credit cards that can be checked out are those that we have to like Lowe's, Best Buy [and] Home Depot,” Hunt explained. “We have those cards in our office, they check them out, bring the receipt back and we review the receipts for compliance and make sure there is not sales tax on those. If it's over $500, that they got a purchase order on, those types of things and [we] return those to the Auditor's Office.”

Judge Ruben Becerra mentioned that, as he and commissioner Michelle Cohen serve on the committee that is specifically regarding this topic, there was an almost unanimous request for the credit limit to increase. He questioned how that is reflected in this policy.

“What you're referring to is the purchasing policy, which we are finalizing all those edits to give you guys kind of the rough final draft of all of the things that were discussed and all that. This is just for the credit card use policy. So, as it stands now, the limit is still $500. Until we finalize the purchasing policy and bring it to court and have that approved, the limit is still $500,” Hunt answered. “Once we do the purchasing policy finalization, then whatever you guys approve is the new limit. In here, it doesn’t really talk about a limit; the only limit is the limit to the card. Usually, when we would come to court, some cards have a $1,500 limit, some have a $5,000 limit [and] some have a $10,000, depending on the level of use in the department and what it is being used for. So, when we are talking about the limit for those, that's what that is in reference to.”

To maintain transparency, Becerra echoed Hunt’s explanation and stated, “I just want the viewing public to know, because some of the viewing public are department heads, that we hear you loud and clear. For [functionality] and efficiency of your departments, raising your limit is something that will be coming back to us and we will address it at that time.”

This is just for the countywide credit card, Hunt said, as not all departments have one. There are some departments that want one, while others do not: “As those come up, we review them and bring them to court to get permission.”

The full credit card policy, as updated and listed in agenda documents, is below: 1. Credit cards are to be used for county business only and for expenses that the county would normally be obligated to pay.

2. Issuance of credit cards is subject to commissioners court approval. The Purchasing Office will review all credit card requests and submit an item to the commissioners court for approval. Cards will be requested for a specific position within the department and will be issued in the name of an individual employee and only that employee is authorized to use the card.

3. Prior to being issued a credit card, the employee and the department head or elected official must sign a copy of the policy stating that they have read the policy and agree to abide by its rules and procedures.

4. The Purchasing Office will review the requested credit card limit with the Budget Office prior to submitting the recommended credit card limit to commissioners court for approval.

5. Receipts must be turned into the Auditor’s Office - Accounts Payable within 72 hours after the employee returns to work. Payments will be made based upon receipts turned into the Auditor’s Office - Accounts Payable and not the credit card statement.

6. While traveling, food purchases in excess of those amounts allowed in the travel policy will be reimbursed by the employee upon return.

7. Failure to follow this policy will result in the termination of the employee’s right to use the credit card. Any use of cards not related to county business will result in commissioners court action up to and including termination of employment.

8. The department head or elected official is personally responsible from personal funds, not county budgeted funds, for all late charges and interest that may be assessed.

9. Countywide credit cards being held in the Purchasing Office, i.e. Lowe’s, Walmart, Best buy, etc., that may be “checked out” by department heads, elected officials or designated employees must be returned to the Purchasing Office immediately upon the return of the employee, along with the receipts for any purchases. After Purchasing has verified the receipts meet procurement guidelines, no sales tax, under $500.00 without PO, etc., receipts will be turned into the Auditor’s Office – Accounts Payable.

Listen to the full discussion at www. hayscountytx.gov/commissionerscourt- live-stream.


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