PUBLIC COMMENTS PRESENTATIONS & …...2020/03/03 · Authorize the purchase of ten (10) tablets and...

Commissioners Court March 3, 2020

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 3rd day of March 2020, 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

1 4-5 Presentation regarding the Emerald Crown Trail. SHELL/INGALSBE

CONSENT ITEMS The following may be acted upon in one motion.

A Commissioner, the County Judge, or a Citizen may request items be pulled for separate discussion and/or action.

2 6 Approve payments of County invoices. VILLARREAL-ALONZO 3 7 Approve payments of Juror checks. VILLARREAL-ALONZO 4 8 Approve the payment of United Healthcare claims. VILLARREAL-ALONZO 5 9-17 Approve Commissioners Court Minutes of February 25, 2020. BECERRA/CARDENAS 6 18 Authorize On-Site Sewage Facility Permit for a duplex located at 207 Oakwood Loop, San Marcos, Texas 78666. SHELL/STRICKLAND 7 19-42 Authorize the County Judge to execute a renewal agreement between Hays County and Johnson Controls in the amount of $3,496. BECERRA/T.CRUMLEY

8 43-44

Discussion and possible action to accept a Proposal from Water & Earth Technologies (WET) related to the Flood Warning System Expansion Project as budgeted, additional Site Repairs for Old Bastrop Highway and Lime Kiln Road and authorize a discretionary exemption pursuant to Texas Local Government Code, Ch. 262.024(a)(7)(D). INGALSBE/RAVEN

9 45-46Authorize the execution of the 5th Amendment to the existing lease between Hays County and the City of San Marcos for the Women, Infants and Children ("WIC") Program office located at 150 Lockhart Street in Kyle. JONES

10 47-48Authorize the execution of the First Amendment to a Chapter 381 Economic Development Incentive Agreement between Hays County and Katerra Construction LLC executed on or about October 24, 2019. INGALSBE

11 49 Authorize On-Site Sewage Facility Permit for a self-storage facility and apartment located at 9900 Darden Hill Road, Austin, Texas 78737. SMITH/STRICKLAND

12 50-53Authorize the execution of Change Order No. 2 with Montoya Anderson Construction, Inc. (MAC) for $58,623.88 related to a waterline extension funded by the Hays CISD on the Old San Antonio Road improvements for project closeout. JONES/BORCHERDING

13 54-267 Approve specifications for IFB 2020-B05 US 290 @ Trautwein Road - Temporary Signal and authorize Purchasing to solicit for bids and advertise. SMITH/BORCHERDING

14 268 Approve out of state travel utilizing the Sheriff's Office Continuing Education Funds for Crime Scene Specialist Melody Jaramio to attend the Advanced Forensic Techniques in Crime Scene Investigations II Course in Glynco, Georgia on March 16-27, 2020. INGALSBE/CUTLER

15 269 Authorize payment to Ricoh USA, Inc. for $774.54 for the Sheriff's Office related to copier repairs where no purchase order was issued as required per the County Purchasing Policy. INGALSBE/CUTLER

16 270-273 Approve and accept the 2019 Racial Profiling Report for the Hays County Constable Office, Precinct 3. SHELL/HELM1

17 274-280

Authorize the execution of Proposals from Beckwith Electronic Systems, LLC for the AV video/audio upgrade & Annotation Equipment for District Courtroom #5 as budgeted and allow an exemption from the bidding process pursuant to Texas Local Government Code 262.024A (7) (D). INGALSBE/MCGILL/STEEL

18 281 Amend various departmental operating, special revenue and capital project budgets in preparation for Fiscal Year 2020 1st Quarter financial reporting. INGALSBE/VILLARREAL-ALONZO

19 282-283 Authorize payment to KONE Inc. for $790.14 for the Building Maintenance Department related to elevator repairs located at the Government Center in which no purchase order was issued as required per County Purchasing Policy. INGALSBE/T.CRUMLEY

20 284-290 Authorize the execution of the Revised FY 2020 Texas Indigent Defense Commission (TIDC) Indigent Defense Coordinator (IDC) Statement of Grant Award. INGALSBE/SHELL/T.CRUMLEY 21 291-294 Authorize an amendment to the contract with West Thomson Reuters for online legal research services as budgeted for the Law Library. INGALSBE/BARRON 22 295-364 Approve specifications for RFP 2020-P07 Bank Depository and authorize Purchasing to solicit for proposals and advertise. BECERRA/RICHEY

23 365 Authorize the purchase of consumable and recreational items for the 2020 Census Outreach Program utilizing the United Way grant contribution and amend the budget accordingly. BECERRA/INGALSBE/T.CRUMLEY

24 366 Authorize the purchase of ten (10) tablets and printed materials for the 2020 Census Outreach Program utilizing County Funds and amend the budget accordingly. BECERRA/INGALSBE/T.CRUMLEY

25 367-368 Authorize the execution of a Letter Amendment to the Interlocal Funding Agreement between Hays Consolidated Independent School District (HCISD) and Hays County related to the construction of turn lanes on HCISD projects in Precinct 2 originally executed on or about January 23, 2018 . JONES

ACTION ITEMS

ROADS

26 369-382

Discussion and possible action to authorize the execution of a Professional Services Agreement (PSA) between Hays County and Costello, Inc. to provide schematic design, environmental documentation, Plans, Specifications & Estimates (PS&E) and construction phase inspection services for proposed culvert improvements located 500 LF south of Meadow Woods Drive on FM 2770 in Kyle, TX. JONES/BORCHERDING

27 383-390

Discussion and possible action to consider the acceptance of road construction & drainage improvements, accept the 2-year maintenance bond #107170496 in the amount of $86,517.66, and accept the 1-year revegetation bond #107170497 in the amount of $4,211.20 for 6 Creeks subd., Phase 1, Section 3. SMITH/BORCHERDING

SUBDIVISIONS

28 391-402 PLN-1401; Replat of Lot 10, Indian Hills Ranch Subdivision. Discussion and possible action to consider a variance from section 721.5.07 (C) of the Hays County Development Regulations and approval of final plat; hold public hearing. JONES/PACHECO

MISCELLANEOUS

29 403-417 Discussion and possible action to authorize the execution of a Professional Services Agreement (PSA) between Hays County and Vista Planning & Design related to a proposal for a Master Plan for El Rancho Cima. SHELL

30 418-420 Discussion and possible action to approve a resolution in support of the Emerald Crown Trail. SHELL/INGALSBE

31 421-424

Discussion and possible action authorize the execution of an Amendment No. 5 with Wellpath, LLC to extend the contract term and add EMT services related to the healthcare program at the Jail Division; authorize a discretionary exemption pursuant to Texas Local Government Code, Ch. 262.024(a)(4) and amend the budget accordingly. JONES/SMITH/CUTLER

32 425-427 Discussion and possible action to approve the Charter for the Hays County Parks & Open Space Advisory Commission (POSAC); and to provide other direction to the Commission. SHELL

33 428-440

Discussion and possible action to authorize the submittal of a Project Information Form (PIF) to the Texas Water Development Board to allow for the future consideration of a formal application for an amount of up to $30 Million through the Clean Water State Revolving Fund (CWSRF) Program to facilitate the acquisition of Water Quality Protection Lands. SHELL

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34 441-446 Discussion and possible action to execute a $56,186.75 Proposal with Kofile Technologies related to the preservation of microfilm as budgeted. BECERRA/CARDENAS 35 447-450 Discussion and possible action to execute a $249,991.32 Proposal with Kofile Technologies related to the preservation of probate case files as budgeted. BECERRA/CARDENAS

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.

36 451 Executive Session pursuant to Sections 551.071 and 551.087 of the Texas Government Code: consultation with counsel and deliberation regarding economic development negotiations associated with Project Thread and Project Davis. Possible action may follow in open court. JONES/INGALSBE

37 452 Executive Session pursuant to Section 551.071 of the Texas Government Code: consultation with counsel regarding La Cima Public Improvement District. Possible action may follow in open Court. SHELL

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.

38 Discussion and possible action related to the burn ban and/or disaster declaration. BECERRA/RAVEN 39 Discussion related to the Hays County inmate population, to include current population counts and costs. BECERRA 40 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 41 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 42 Discussion of issues related to Electro Purification including updates on the filed application. Possible action may follow. SHELL

ADJOURNMENT

Posted by 5:00 o'clock P.M. on the 28th

day of February, 2020

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.

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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 regarding the Emerald Crown Trail.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

PROCLAMATIONS/PRESENTATIONS March 3, 2020

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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

REQUESTED BY SPONSOR CO-SPONSOR

SHELL INGALSBE

SUMMARY A presentation will be made during Court.

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AGENDA ITEM Approve payment of County invoices.


CONSENT March 3, 2020

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

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


Auditor’s Office VILLARREAL-ALONZO N/A

SUMMARY

6




AGENDA ITEM Approve payment of Juror checks.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:




SUMMARY

7




AGENDA ITEM Approve the payment of United Healthcare claims.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:




SUMMARY

8




AGENDA ITEM Approve Commissioners Court Minutes of February 25, 2020.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



CARDENAS BECERRA N/A

SUMMARY

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HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** FEBRUARY 25, 2020

STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 25TH DAY OF FEBRUARY A.D., 2020, IN THE HAYS COUNTY COURTHOUSE, 111 E. SAN ANTONIO ST., SUITE 301, SAN MARCOS, TEXAS, 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 SHELL COMMISSIONER, PCT. 3 WALT SMITH COMMISSIONER, PCT. 4 ELAINE H. CÁRDENAS COUNTY CLERK

Clerk’s Note: For complete transcript go to Hays County Website https://hayscountytx.com/commissioners-court/court-video/ Transcript can be translated into any language through Google.com. THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Jeff Latham 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, Hays County resident, gave public comments responding to Commissioner Smith’s comment at February 18th Commissioners’ Court that the Sheriff doesn’t make hiring decisions, the Commissioners’ Court does. He said the County has learned nothing from its experiences building Substation 4. He complained that it’s difficult to download agendas now. He commented on ACLU concerns about backlog of cases. Dan Lyon, Hays County resident, read from the Constitution sections about Jefferson’s belief that the nation should be frugal and be wary of debt. He said that expenditures on a lawsuit against Kinder Morgan are a waste of money since Commissioners’ Court has already stated it would be futile and the county isn’t the right level to challenge Kinder Morgan. He commented on other expenditures. Mike Lee, Attorney, commented on the discourse surrounding Cite and Release.

1 PRESENTATION OF HAYS COUNTY SERVICE AWARDS.

5 Years of service awards went to Gina K May, County Court at Law 2, Rebecca Culpepper, District Attorney's Office, Felicia Batiste, Juvenile Detention Center, Kara Oldham, Juvenile Probation, and Carie Woods, Sheriff's Office. 10 Years of service awards went to Tina Henry, Sheriff's Office. 15 Years of service awards went to Timothy Wayne Thompson, Juvenile Detention Center, Patricia Ramirez, Sheriff's Office, and Raul Moreno, Transportation. 20 Years of service awards went to Erica Hernandez, Sheriff's Office, and Jerry Borcherding, Transportation. Retiree Debra Zoerb, District Attorney Office, and Edna Chagolla, District Attorney Office, were recognized for their service to Hays County. No action was taken. 34877 APPROVE PAYMENTS OF COUNTY INVOICES. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve payments of County invoices. All present voted “Aye.” MOTION PASSED. 34878 APPROVE PAYMENTS OF JUROR CHECKS. A motion was made by Commissioner Jones seconded by Commissioner Smith to approve payments of Juror checks. All present voted “Aye.” MOTION PASSED. 34879 APPROVE COMMISSIONERS COURT MINUTES OF FEBRUARY 18,

2020. A motion was made by Commissioner Jones seconded by Commissioner Smith to approve Commissioners Court Minutes of February 18, 2020. All present voted “Aye.” MOTION PASSED.

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***** ***** FEBRUARY 25, 2020 34880 APPROVE THE PAYMENT OF THE FEBRUARY 29, 2020 PAYROLL

DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $3,900,000.00 EFFECTIVE FEBRUARY 28, 2020 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED.

A motion was made by Commissioner Jones seconded by Commissioner Smith to approve the payment of the February 29, 2020 payroll disbursements in an amount not to exceed $3,900,000.00 effective February 28, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED. 34881 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR THE BUZZ

RV PARK LOCATED AT 145 KAI VISTA DRIVE, KYLE, TEXAS 78640.

A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize On-Site Sewage Facility Permit for the Buzz RV Park located at 145 Kai Vista Drive, Kyle, Texas 78640. All present voted “Aye.” MOTION PASSED. 34882 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 2 MOBILE

HOMES LOCATED AT 2600 MATHIAS LANE, KYLE, TEXAS 78640. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize On-Site Sewage Facility Permit for 2 mobile homes located at 2600 Mathias Lane, Kyle, Texas 78640. All present voted “Aye.” MOTION PASSED. 34883 APPROVE UTILITY PERMITS. A motion was made by Commissioner Jones seconded by Commissioner Smith to approve Utility Permits. All present voted “Aye.” MOTION PASSED. 34884 APPROVE AND ACCEPT THE 2019 RACIAL PROFILING REPORT

FOR THE HAYS COUNTY SHERIFF'S OFFICE. Commissioner Smith and Judge Becerra requested that future Racial Profiling Reports include maps showing concentrations of activity. A motion was made by Commissioner Jones seconded by Commissioner Smith to approve and accept the 2019 Racial Profiling Report for the Hays County Sheriff's Office. All present voted “Aye.” MOTION PASSED. 34885 APPROVE A REPLACEMENT LEASE FOR THE SHERIFF'S OFFICE

THROUGH THE ENTERPRISE MASTER EQUITY LEASE AGREEMENT.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve a replacement lease for the Sheriff's Office through the Enterprise Master Equity Lease Agreement. All present voted “Aye.” MOTION PASSED. 34886 AUTHORIZE THE DISTRICT COURT TO PURCHASE ONE

REPLACEMENT DELL LATTITUDE 5400 AND ONE REPLACEMENT OPTIPLEX 7070 COMPUTER VALUED AT $1,714.74 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize the District Court to purchase one replacement Dell Lattitude 5400 and one replacement OptiPlex 7070 Computer valued at $1,714.74 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34887 AUTHORIZE PAYMENT TO WALDRIP INSURANCE AGENCY FOR

$1,750 FOR FIDELITY BOND RENEWALS FOR TWO COUNTY COURT AT LAW JUDGES IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY.

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***** ***** FEBRUARY 25, 2020 Commissioner Jones cautioned County Court at Law Judges and County Clerk to remember bonds in the next budget. A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize payment to Waldrip Insurance Agency for $1,750 for Fidelity Bond Renewals for two County Court at Law Judges in which no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED. 34888 AUTHORIZE PAYMENT TO WALDRIP INSURANCE AGENCY FOR

$875.00 FOR FIDELITY BOND RENEWAL FOR COUNTY CLERK IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY.

A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize payment to Waldrip Insurance Agency for $875.00 for Fidelity Bond Renewal for County Clerk in which no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED. 34889 AUTHORIZE PAYMENT TO STARS INFORMATION SOLUTIONS FOR

$695.00 FOR ANNUAL SOFTWARE AND HARDWARE SUPPORT FEE SCANPRO3000 MICROFILM SCANNER FOR THE HAYS COUNTY CLERK'S OFFICE IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY.

A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize payment to Stars Information Solutions for $695.00 for annual software and hardware support fee scanpro3000 Microfilm scanner for the Hays County Clerk's office in which no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED. 34890 ACCEPT AND APPROVE THE 2019 RACIAL PROFILING REPORT

FROM HAYS COUNTY CONSTABLE OFFICE, PRECINCT 1. A motion was made by Commissioner Smith seconded by Commissioner Shell to accept and approve the 2019 Racial Profiling Report from Hays County Constable Office, Precinct 1. All present voted “Aye.” MOTION PASSED. 34891 APPROVE THE SELECTION OF LAN, INC. TO PROVIDE

PRELIMINARY SCHEMATIC DESIGN SERVICES FOR THREE (3) LOW WATER CROSSINGS IN PRECINCT 3; AND AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT.

A motion was made by Commissioner Shell seconded by Commissioner Smith to approve the selection of LAN, Inc. to provide preliminary schematic design services for three (3) low water crossings in Precinct 3; and authorize staff and counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED. 34892 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND FREESE AND NICHOLS, INC. TO PROVIDE SCHEMATIC, ENVIRONMENTAL DOCUMENTATION AND PLANS, SPECIFICATIONS & ESTIMATES (PS&E) SERVICES FOR THE JACOBS WELL ROAD CORRIDOR STUDY PROJECT FROM FM 2325 TO RM 12 AS PART OF THE 2016 ROAD BOND PROGRAM.

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and Freese and Nichols, Inc. to provide schematic, environmental documentation and Plans, Specifications & Estimates (PS&E) services for the Jacobs Well Road Corridor Study Project from FM 2325 to RM 12 as part of the 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED. 34893 CALL FOR A PUBLIC HEARING ON MARCH 10, 2020 TO

ESTABLISH A SPEED LIMIT OF 20 MPH IN SUNFIELD SUBD, PHASE 1, SECTIONS 1-2, AND A 35 MPH SPEED LIMIT ON SUNBRIGHT BLVD.

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***** ***** FEBRUARY 25, 2020 A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to call for a public hearing on March 10, 2020 to establish a speed limit of 20 MPH in Sunfield subd, Phase 1, Sections 1-2, and a 35 MPH speed limit on Sunbright Blvd. All present voted “Aye.” MOTION PASSED. 34894 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT

AMENDMENT NO. 1 TO A CONTRACT BETWEEN HAYS COUNTY AND AMERICAN STRUCTUREPOINT, INC., EXECUTED ON OR ABOUT OCTOBER 11, 2017, FOR THE RM 3237 SAFETY IMPROVEMENTS PROJECT FROM RM 12 TO RM 150 AS PART OF THE 2016 ROAD BOND PROGRAM.

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the County Judge to execute a Contract Amendment No. 1 to a Contract between Hays County and American Structurepoint, Inc., executed on or about October 11, 2017, for the RM 3237 Safety Improvements project from RM 12 to RM 150 as part of the 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED. 34895 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE SECOND

AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND LOCKWOOD, ANDREWS & NEWMAN, INC. EXECUTED ON OR ABOUT OCTOBER 31, 2017 FOR RIGHT OF WAY SERVICE FOR DACY LANE, PHASE II FROM AMBERWOOD LOOP TO HILLSIDE TERRACE, ROAD WIDENING AND REALIGNMENT PROJECT.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute the Second Amendment to a Professional Services Agreement (PSA) between Hays County and Lockwood, Andrews & Newman, Inc. executed on or about October 31, 2017 for Right of Way Service for Dacy Lane, Phase II from Amberwood Loop to Hillside Terrace, road widening and realignment project. All present voted “Aye.” MOTION PASSED. 34896 AWARD RFQ 2020-Q02 LIME KILN ROAD CE&I PROFESSIONAL

SERVICES TO BGE, INC. AND AUTHORIZE STAFF AND GENERAL COUNSEL TO NEGOTIATE A CONTRACT.

Rodrigo Amaya, Hays County resident, made a public comment against this item. He questioned General Counsel’s ability to give good counsel on the purchase. A motion was made by Commissioner Smith seconded by Commissioner Shell to award RFQ 2020-Q02 Lime Kiln Road CE&I Professional Services to BGE, Inc. and authorize staff and General Counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED. 34897 GRANT A VARIANCE FROM CHAPTER 725.3.07 (B) OF THE HAYS

COUNTY DEVELOPMENT REGULATIONS FOR THE AMENDED PLAT OF VALLEY VIEW WEST, LOTS 4-E AND 4-F.

Colby Machacek, Development Services, provided background for this agenda item. A motion was made by Commissioner Smith seconded by Commissioner Shell to grant a variance from Chapter 725.3.07 (B) of the Hays County Development Regulations for the Amended Plat of Valley View West, Lots 4-E and 4-F. All present voted “Aye.” MOTION PASSED. 23 CONSIDER THE PROPOSED ASSESSMENTS TO BE LEVIED

AGAINST ASSESSABLE PROPERTY WITHIN NEIGHBORHOOD IMPROVEMENT AREA #2 OF THE LA CIMA PUBLIC IMPROVEMENT DISTRICT PURSUANT TO CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE.

Judge Becerra opened the Public Hearing at 9:40 a.m. Rodrigo Amaya spoke during the Public hearing, he objected to investment in project that won’t benefit county residents. Judge Becerra closed the Public hearing at 9:41a.m. No action was taken.

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***** ***** FEBRUARY 25, 2020 34898 ADOPT AN ORDER OF THE COMMISSIONERS COURT OF HAYS

COUNTY, TEXAS ACCEPTING AND APPROVING A SERVICE AND ASSESSMENT PLAN AND NEIGHBORHOOD IMPROVEMENT AREA #2 ASSESSMENT ROLL FOR LA CIMA PUBLIC IMPROVEMENT DISTRICT; MAKING A FINDING OF SPECIAL BENEFIT TO THE PROPERTY IN NEIGHBORHOOD IMPROVEMENT AREA #2 OF THE DISTRICT; LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTY WITHIN THE DISTRICT AND ESTABLISHING A LIEN ON SUCH PROPERTY; PROVIDING FOR THE METHOD OF ASSESSMENT AND THE PAYMENT OF THE NEIGHBORHOOD IMPROVEMENT AREA #2 ASSESSMENTS IN ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED, PROVIDING PENALTIES AND INTEREST ON DELINQUENT ASSESSMENTS, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

Julie Houston, Bond counsel, commented in an extended discussion about PIDs, MUDs and annexation of areas by City of San Marcos. A motion was made by Commissioner Shell seconded by Commissioner Jones to adopt an Order of the Commissioners Court of Hays County, Texas Accepting and Approving a Service and Assessment Plan and Neighborhood Improvement Area #2 Assessment Roll for La Cima Public Improvement District; Making a Finding of Special Benefit to the Property in Neighborhood Improvement Area #2 of the District; Levying Special Assessments Against Property within the District and establishing a Lien on such Property; Providing for the Method of Assessment and the Payment of the Neighborhood Improvement Area #2 Assessments in Accordance with Chapter 372, Texas Local Government Code, as amended, Providing Penalties and Interest on Delinquent Assessments, Providing for Severability, and Providing an Effective Date. All present voted “Aye.” MOTION PASSED. 34899 ADOPT A RESOLUTION OF THE COMMISSIONERS COURT OF HAYS

COUNTY, TEXAS APPROVING AND AUTHORIZING THE COUNTY JUDGE TO EXECUTE A LA CIMA PUBLIC IMPROVEMENT DISTRICT, NEIGHBORHOOD IMPROVEMENT AREA #2 LANDOWNER AGREEMENT BY AND BETWEEN HAYS COUNTY, TEXAS, AND LCSM PH.2, LLC.

A motion was made by Commissioner Shell seconded by Commissioner Jones to adopt a Resolution of the Commissioners Court of Hays County, Texas approving and authorizing the County Judge to execute a La Cima Public Improvement District, Neighborhood Improvement Area #2 Landowner Agreement by and between Hays County, Texas, and LCSM Ph.2, LLC. All present voted “Aye.” MOTION PASSED. 34900 AWARD RFQ 2020-Q05 CONSERVATION SUBDIVISION RESEARCH

AND DEVELOPMENT PROJECT TO GAP STRATEGIES - DANDY PLANNING, LLC, AND AUTHORIZE STAFF AND GENERAL COUNSEL TO NEGOTIATE A CONTRACT.

A motion was made by Commissioner Shell seconded by Commissioner Jones to award RFQ 2020-Q05 Conservation Subdivision Research and Development Project to Gap Strategies - Dandy Planning, LLC, and authorize staff and General Counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED. 34901 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A MAINTENANCE

CONTRACT BETWEEN HAYS COUNTY AND AMERICAN AEROBIC MANAGEMENT SYSTEMS (AAMS) IN THE AMOUNT OF $2,985 FOR THE ANNUAL MAINTENANCE AND INSPECTIONS OF ALL HAYS COUNTY SEPTIC SYSTEMS.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute a Maintenance Contract between Hays County and American Aerobic Management Systems (AAMS) in the amount of $2,985 for the annual maintenance and inspections of all Hays County septic systems. All present voted “Aye.” MOTION PASSED.

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***** ***** FEBRUARY 25, 2020 34902 EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE

HAYS COUNTY VETERAN'S SERVICE OFFICE AND SAMARITAN CENTER COUNSELING RELATED TO COUNSELING SERVICES TO INDIVIDUAL VETERANS AND/OR THEIR FAMILY MEMBERS AT NO COST TO THE COUNTY.

Jude Prather described the counseling program and introduced Texas State University intern Cheryl Robinson. A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to execute a Memorandum of Understanding between the Hays County Veteran's Service Office and Samaritan Center Counseling related to counseling services to individual veterans and/or their family members at no cost to the County. All present voted “Aye.” MOTION PASSED. 34903 AWARD RFQ 2020-Q03 ON-CALL CE&I PROFESSIONAL SERVICES

TO PLACE THE FOLLOWING FIRMS INTO A POOL FOR SERVICES ON AN AS-NEEDED BASIS: BGE, INC., PAPE-DAWSON CONSULTING ENGINEERS, AND HDR ENGINEERING, INC.

Rodrigo Amaya, Hays County resident, made public comments against the item questioning terminology “as needed” and characterized it as part of a “reckless spending pattern.” Dan Lyon, Hays County residents, observed that items that appear on the Commissioners Court agenda are a “foregone conclusion” that they will always be approved, so issues need to be dealt with beforehand. A motion was made by Commissioner Smith seconded by Commissioner Jones to award RFQ 2020-Q03 On-Call CE&I Professional Services to place the following firms into a pool for services on an as-needed basis: BGE, Inc., Pape-Dawson Consulting Engineers, and HDR Engineering, Inc. All present voted “Aye.” MOTION PASSED. 34904 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN AGREEMENT

TO PROVIDE JOINT FUNDING FOR THE PROVISION OF YOUTH SERVICES, BETWEEN HAYS COUNTY, TEXAS STATE UNIVERSITY, SAN MARCOS CISD, AND THE CITY OF SAN MARCOS, RELATED TO THE JOINT FUNDING OF A YOUTH SERVICES DIRECTOR FOR THE EDUCATION OF LOCAL YOUTH.

Dan Lyon, Hays County resident, made a public comment, objected to various expenditures. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the County Judge to execute an Agreement to Provide Joint Funding for the Provision of Youth Services, between Hays County, Texas State University, San Marcos CISD, and the City of San Marcos, related to the joint funding of a youth services director for the education of local youth. All present voted “Aye.” MOTION PASSED. 34905 APPOINT MEMBERS TO THE PARKS AND OPEN SPACE ADVISORY

COMMISSION (POSAC). A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to appoint members to the Parks and Open Space Advisory Commission (POSAC) Commissioner Ingalsbe named Blanca Loya and Coraline Gonzales. Commissioner Smith named Casey Mock and Scott Tomhay. Commissioner Jones named Jim Camp and Katherine Nichols. Commissioner Shell named Scott Way and Laura DuPont. Judge Becerra named Laurie Olson and Lisa Prewitt. All present voted “Aye.” MOTION PASSED. 34906 RENEGOTIATE THE COLLECTIVE BARGAINING AGREEMENT

BETWEEN HAYS COUNTY AND HAYS COUNTY LAW ENFORCEMENT ASSOCIATION, INCLUDING BUT NOT LIMITED TO SELECTION OF THE BARGAINING TEAM FOR HAYS COUNTY.

Discussion about composition of County Collective Bargaining negotiations team. Mark Kennedy, General Counsel, Jordan Powell, General Counsel, Commissioner Ingalsbe, and Commissioner Shell were nominated to the bargaining team. A motion was made by Commissioner Jones seconded by Commissioner Shell torenegotiate the Collective Bargaining Agreement between Hays County and Hays County Law Enforcement Association, including but not limited to selection of the bargaining team for Hays County. Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, and Commissioner Smith voted “Aye.” Judge Becerra voted “No.” MOTION PASSED.

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***** ***** FEBRUARY 25, 2020 33 UTILIZE COUNTY FUNDS AND/OR COUNTY GRANT

CONTRIBUTIONS FOR MATERIALS OR ITEMS WITH A SEAL OR LOGO OTHER THAN THE OFFICIAL HAYS COUNTY SEAL; AND TO AUTHORIZE PAYMENT TO CARD SERVICE CENTER FOR $278 FOR FEDEX OFFICE PRINTED MATERIALS RELATED TO THE 2020 CENSUS OUTREACH PROGRAM.

The Court had extended discussion about the use of individual office seals versus the use of County seals. This item will be brought back to Court once the wording is worked out for a motion. No action was taken. 34907 MODIFY THE INVOICE APPROVAL PROCESS FOR CERTAIN

EXPENDITURES WITHIN THE COUNTY WIDE DEPARTMENT AND AMEND THE BUDGET ACCORDINGLY.

Marisol Villarreal-Alonzo, Auditor, explained the reorganization of accounts to come into compliance with GAAP, since some miscellaneous expenditures have become material as the County has grown. A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to modify the invoice approval process for certain expenditures within the County Wide Department and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34908 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND

551.074 OF THE TEXAS GOVERNMENT CODE CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS IN THE HAYS COUNTY SHERIFF'S OFFICE. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Jones seconded by Commissioner Smith to move to create new positions and modify hire dates within the Sheriff’s Office as presented: Four (4) New Corrections Officers effective hire date 5/1/2020, Four (4) New Corrections Officers effective hire date 6/1/2020, Two (2) New Corrections Specialist effective hire date 5/1/2020, Two (2) New Corrections Specialist effective hire date 7/1/2020, Move (2) Records Manager Officer positions hire date from 6/1/2020 to 3/1/2020. The FY20 financial impact ($276,507) for proposed changes are funded through salary savings within the Sheriff’s Office Operating budget due to attrition. All present voted “Aye.” MOTION PASSED. 36 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND

551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING EMPLOYMENT AND DUTIES OF EACH INDIVIDUAL POSITION WITHIN THE OFFICE OF GENERAL COUNSEL. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

No action was taken. 37 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND

551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS IN THE HAYS COUNTY OFFICE OF EMERGENCY SERVICES. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action was taken. 34909 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND

551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, LEASE, EXCHANGE, OR VALUE OF REAL PROPERTY LOCATED ON OR NEAR THE SAN MARCOS RIVER IN PRECINCT 1. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize counsel to retain surveying services related to the properties currently optioned by Hays County on River Road and Capes Road respectively in Precinct 1. All present voted “Aye.” MOTION PASSED.

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***** ***** FEBRUARY 25, 2020 39 EXECUTIVE SESSION PURSUANT TO 551.071 AND 551.072 OR

THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE AND/OR VALUE OF REAL PROPERTY QUALIFIABLE UNDER THE HAYS COUNTY REGIONAL HABITAT CONSERVATION PLAN. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

No action was taken. 40 DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN

AND/OR DISASTER DECLARATION. Burn ban is off. No action was taken. 41 DISCUSSION RELATED TO THE HAYS COUNTY INMATE

POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS.

Judge Becerra read the Sheriff’s update of the inmate population. The average number of inmates was 545, with a high of 556 during the week of February 16 through February 22. Housed were 202 men and 11 females. The estimated cost of outsourcing is $83,375. Inmates were housed in 7 other counties. No action taken. Clerk’s Note Agenda Item #42 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #43 RE: 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. – WAS PULLED. Clerk’s Note Agenda Item #44 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. ADJOURNMENTA motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 2:49 p.m.

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 February 25, 2020. ELAINE H. CÁRDENAS, COUNTY CLERK AND EXOFFICIO

CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS

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AGENDA ITEM Authorize On-Site Sewage Facility Permit for a duplex located at 207 Oakwood Loop, San Marcos, Texas 78666.



LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:



Caitlyn Strickland, Director of Development Services SHELL N/A

SUMMARY Virgilio Altamirano is proposing an OSSF to serve an existing duplex. This 6.38-acre tract of land will be served by a private well. The system designer, Stephen Jetton, 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 480 gallons.

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AGENDA ITEM

Authorize the County Judge to execute a $3,496 Renewal Service Agreement with Johnson Controls related to HVAC Inspections at the Government Center.


CONSENT March 3, 2020 $3,496

LINE ITEM NUMBER 001-695-00.5448

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: MARISOL VILLARREAL-ALONZO


T. CRUMLEY BECERRA N/A

SUMMARY This is the third year in a three-year contract with Johnson Controls. The cost for this third year will be $3,496 and funding for this was budgeted in the Building Maintenance FY20 Operation budget. Attachments: Johnson Controls Renewal Agreement

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© 2020 Johnson Controls Customer Confidential Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc.

PLANNED SERVICE CONTINUATION1/26/2020

Hays County Government Center712 S Stagecoach TrlSan Marcos TX 78666-5999

Hays County Controls PSA Yr 3 Of 3 2020

Dear Customer:

Thank you for using Johnson Controls to provide the maintenance solution for your facility. We appreciate your business and look forward to continuing as your building technology services partner.

Per the terms of your Planned Service Agreement, we are entering year 3 of 3 Years. The total price for3/1/2020 to 2/28/2021 is $3,496.00, to be paid annually. Invoices will be sent to:

County Of Hays712 S Stagecoach Trail Ste 1071San Marcos TX 78666

If you require a different requisition or purchase order number on our invoices than we used last year, please provide a copy of that document to us by 1/30/2020.

Again, thank you for your business and we look forward to serving you in the coming year. Please do not hesitate to call if I can assist you in any way.

Sincerely,Johnson Controls

Stan JacksonJOHNSON CONTROLS AUSTIN WACO TX CB - 0N88401 Center Ridge Dr Ste 400 Austin TX [email protected]: (866)928-8120

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CUSTOMERHAYS COUNTY GOVERNMENT CENTER

LOCAL JOHNSON CONTROLS OFFICE401 Center Ridge Suite 400Austin, Tx 78753

AGREEMENT START DATE:03/01/2020

PROPOSAL DATE:01/26/2020

ESTIMATE NO:1-14VY8VCD

Partnering with you to deliver value-driven solutionsA Planned Service Agreement with Johnson Controls provides you with a customized servicestrategy designed around the needs of your facility. Our approach features a combination ofscheduled, predictive and preventative maintenance services that focus on your goals.

As your building technology services partner, Johnson Controls delivers an unmatched service experience delivered by factory-trained, highly skilled technicians who optimize operations of the buildings we work with, creating productive and safe environments for the people within. By integrating our service expertise with innovative processes and technologies, our value-driven planned service solutions deliver sustainable results, minimize equipment downtime and maximize occupant comfort.

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JOHNSON CONTROLS PLANNED SERVICE PROPOSALPREPARED FOR HAYS COUNTY GOVERNMENT CENTER

© 2020 Johnson Controls, Inc. Customer ConfidentialDo not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 2 of 22

Executive Summary

PLANNED SERVICE PROPOSAL FOR HAYS COUNTY GOVERNMENT CENTER

Dear Customer,

We value and appreciate your interest in Johnson Controls as a service provider for your building systems and are pleased to provide a value-driven maintenance solution for your facility. The enclosed proposal outlines the Planned Service Agreement we have developed on your facility.

Details are included in the Planned Service Agreement summary (Schedule A), but highlights are as follows:

• In this proposal we are offering a service agreement for 3 Years starting 03/01/2020 and ending 02/28/2021.

• The agreement price for first year is $3,496.00; see Schedule A, Supplemental Price and Payment Terms, for pricing in subsequent years.

• The equipment options and number of visits being provided for each piece of equipment are described in Schedule A, Equipment list.

As a manufacturer of both mechanical and controls systems, Johnson Controls has the expertise and resources to provide proper maintenance and repair services for your facility.

Again, thank you for your interest in Johnson Controls and we look forward to becoming your building technology services partner.

Please contact me if you have any questions.

Sincerely,

Stan JacksonService Manager(866) 928-8120

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Benefits of Planned ServiceA Planned Service Agreement with Johnson Controls will allow you to optimize your building’s facility performance, providing dependability, sustainability and energy efficiency. You’ll get a value-driven solution that fits your specific goals, delivered with the attention of a local service company backed by the resources of a global organization.

With this Planned Service Agreement, Johnson Controls can help you achieve the following five objectives:

1. Identify Energy Savings OpportunitiesSince HVAC equipment accounts for a major portion of a building’s energy usage, keeping your system performing at optimum levels may lead to a significant reduction in energy costs.

2. Reduce Future Repair CostsRoutine maintenance may maximize the life of your equipment and may reduce equipment breakdowns.

3. Extend Asset LifeThrough proactive, factory-recommended maintenance, the life of your HVAC assets may be extended, maximizing the return on your investment.

4. Ensure Productive EnvironmentsWhether creating a comfortable place where employees can be productive or controlling a space to meet specialized needs, maintenance can help you achieve an optimal environment for the work that is being accomplished

5. Promote Environmental Health and SafetyWhen proper indoor conditions and plant requirements are maintained, business outcomes may be improved by minimizing sick leave, reducing accidents, minimizing greenhouse gas emissions and managing refrigerant requirements.

All of the services we perform on your equipment are aligned with “The 5 Values of Planned Maintenance” and our technicians understand how the work they perform can help you accomplish your business objectives.

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Personalized Account Management A Planned Service Agreement also provides you with the support of an entire team that knows your site and can closely work with you on budget planning and asset management. Your local Johnson Controls account management team can help guide planned replacement, energy retrofits and other building improvement projects. You’ll have peace of mind that an entire team of skilled professionals will be looking out for what is best for your facility and budget.

A Culture of Safety Johnson Controls technicians take safety seriously and personally, and integrate it into everything they do. All of our technicians participate in regular and thorough safety training. Because of their personal commitment, we are a leader in the HVAC service industry for workplace safety performance. This means that you do not have to worry about us when we are on your site.

Commitment to Customer Satisfaction Throughout the term of your Planned Service Agreement, we will periodically survey you and use your feedback to continue to make improvements to our service processes and products. Our goal is to deliver the most consistent and complete service experience possible. To meet this goal, we’ve developed and implemented standards and procedures to ensure you receive the ultimate service experience – every time.

Energy & Sustainability A more sustainable world one building at a time – Johnson Controls is a company that started more than 125 years ago with a product that reduced energy use in buildings. We’ve been saving energy for customers ever since. Today, Johnson Controls is a global leader in creating smart environments where people live, work and play, helping to create a more comfortable, safe and sustainable world.

The Value of IntegrityJohnson Controls has a long, proud history of integrity. We do what we say we will do and stand behind our commitments. Our good reputation builds trust and loyalty. In recognition for our commitment to ethics across our global operations, we are honored to be named one of the World’s Most Ethical Companies by Ethisphere Institute, a leading think tank dedicated to business ethics andcorporate social responsibility. In addition, Corporate Responsibility Magazine recognizes Johnson Controls as one of the top companies in its annual "100 Best Corporate Citizens" list.

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Service Plan MethodologyAs part of the delivery of this Planned Service Agreement, Johnson Controls will dedicate a local customer service agent responsible for having a clear understanding of the agreement scope, and your facility procedures and protocols.

A high-level overview around our service delivery process is outlined below including scheduling, emergency service, on-site paperwork, communication and performing repairs outside of the agreement scope.

Scheduling Preventative maintenance service will be scheduled using our automated service management system. In advance of the scheduled service visit, our technician is sent a notice of service to a smartphone. Once the technician acknowledges the request, your customer service agent will call or e-mail your on-site contact to let you know the start date and type of service scheduled.

The technician checks in, wears personal protective equipment, performs the task(s) as assigned, checks out with you and asks for a screen capture signature on the smartphone device. A work order is then e-mailed, faxed or printed for your records.

Emergency Services Emergency service can be provided 7 days a week, 24 hours a day, 365 days a year. During normal business hours, emergency service will be coordinated by the customer service agent. After hours, weekends and holidays, the emergency service number transfers to the Johnson Controls after-hours call center and on-call technicians are dispatched as needed.

Johnson Controls is committed to dispatching a technician within hours of receiving your call through the service line. A work order is e-mailed, faxed or printed for your records. Depending on the terms of your agreement, you may incur charges for after hour services.

Communication A detailed communication plan will be provided to you so you know how often we will provide information to you regarding your Planned Service Agreement. The communication plan will also provide you with your main contacts at Johnson Controls.

Approval Process for Non-Covered Items Johnson Controls will adhere to your procurement process. No work will be performed outside of the agreement scope without prior approval. Johnson Controls will work with you closely to ensure your procurement process is followed before any non-covered item work is started.

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Summary of Services and OptionsComprehensive and Operational Inspections During comprehensive and operational inspections, Johnson Controls will perform routine checks of the equipment for common issues caused by normal wear and tear on the equipment. Additional tests can be run to confirm the equipment’s performance.

Routine maintenance, such as lubrication, cleaning and tightening connections, can be performed depending on the type of equipment being serviced. Routine maintenance is one of the keys to the five values of maintenance – it can help identify energy saving opportunities, reduce future repair costs, extend asset life, ensure productive environments, and promote health and safety.

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SummaryThank you for considering Johnson Controls as your building technology services partner. The following agreement document includes all the details surrounding your Planned Service Agreement.

With planned service from Johnson Controls, you’ll get a value-driven solution that can help optimize your building controls and equipment performance, providing dependability, sustainability and energy efficiency. You’ll get a solution that fits your specific goals, delivered with the attention of a local service company backed by the resources of a global organization.

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Planned Service Agreement

Customer Name : HAYS COUNTY GOVERNMENT CENTERAddress: 712 S STAGECOACH TRL SAN MARCOS,TX 78666-5999Proposal Date: 01/26/2020Estimate #: 1-14VY8VCD

Scope of Service

Johnson Controls, Inc. (“JCI”) and the Customer (collectively the “Parties”) agree Preventative Maintenance Services, as defined in Schedule A (“Services”), will be provided by JCI at the Customer’s facility. This Planned Service Agreement, the Equipment List, Supplemental Price and Payment Terms, Terms and Conditions, and Schedules attached hereto and incorporated by this reference as if set forth fully herein (collectively the “Agreement”), cover the rights and obligations of both the Customer and JCI.

Extended Service Options for Premium Coverage

If Premium Coverage is selected, on-site repair services to the equipment will be provided as specified in this Agreement for the equipment listed in the attached Equipment List.

Equipment List

Only the equipment listed in the Equipment List will be covered as part of this Agreement. Any changes to the Equipment List must be agreed upon in writing by both Parties.

Term / Automatic Renewal

This Agreement takes effect on 03/01/2020 and will continue until 02/28/2021 (“Original Term”). The Agreement will automatically renew on a year-to-year basis after the Original Term ends unless the Customer or JCI gives the other written notice it does not want to renew. The notice must be delivered at least (45) days prior to the end of the Original Term or of any renewal period. The Original Term and any renewal periods are sometimes collectively referred to in this Agreement as the “Term”. Renewal price adjustments are discussed in the Terms and Conditions.

Refrigerant Charges

Refrigerant is not included under this Agreement and will be billed separately to the Customer by JCI.

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Price and Payment Terms The total Contract Price for JCI’s Services during the 1st year of the Original Term is $3496.00. This amount will be paid to JCI in Annual installments. Pricing for each subsequent year of a multiyear original term is set forth in the Supplemental Price and Payment Terms. All payments will be due and payable within 30 days of the invoice date and such timely payment by Customer shall be a condition precedent to JCI’s obligation to perform its Services. A penalty of one and a half percent (1.5%) of the amount due per month shall accrue for payments received after the payment due date. Renewal price adjustments are set forth in the Terms and Conditions.

Invoices will be sent to the following location:

COUNTY OF HAYS712 S STAGECOACH TRAIL STE 1071SAN MARCOS,TX 78666

In lieu of paper invoices sent to the location above, invoices should be emailed to the following email address:

This proposal is valid for thirty days from the proposal date.

JOHNSON CONTROLS Inc.By:Stan Jackson By:

Signature: Signature:

Title:Service Manager Date: Title: Date:

Signature: Customer PO#:Title: Date:

JCI Branch:JOHNSON CONTROLS AUSTIN WACO TX CB - 0N88Address:401 Center Ridge Suite 400

Austin, Texas 78753Branch Phone:(866) 928-8120Branch Email:

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Schedule A - Equipment List

HAYS COUNTY GOVERNMENT CENTER 712 S STAGECOACH TRLSAN MARCOS, TX 78666-5999

Block Hours - Controls Quantity: 1Coverage Level: Basic Year to Be Activated: Year 1

Services Provided1 Preventive Maintenance

Customer Tag Manufacturer Model # Serial #JCI_YORK 1-TZ57456

Block Hours - Chiller Heavy Quantity: 1Coverage Level: Basic Year to Be Activated: Year 1

Services Provided1 Preventive Maintenance

Customer Tag Manufacturer Model # Serial #JCI_YORK 1-TZ574PU

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Equipment Tasking

Block Hours - Chiller Heavy Preventive Maintenance Use appropriate eye protection in work environment

Use appropriate Head protection on worksiteUse appropriate hand gloves on worksiteUse and follow the JCI safety policy for Fall Protection while performing workUse and follow the JCI Ladder Safety processes while performing workUse and follow the JCI Lock-out Tag-out on all electrical machineryCheck with appropriate customer representative for operational deficienciesPerform scheduled block hour tasksComplete any required maintenance checklists, report observations to appropriate customer representative

Block Hours - Controls Preventive Maintenance Use appropriate eye protection in work environment

Use appropriate Head protection on worksiteUse appropriate hand gloves on worksiteUse and follow the JCI safety policy for Fall Protection while performing workUse and follow the JCI Ladder Safety processes while performing workUse and follow the JCI Lock-out Tag-out on all electrical machineryCheck with appropriate customer representative for operational deficienciesPerform scheduled block hour tasksComplete any required maintenance checklists, report observations to appropriate customer representative

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Supplemental Price & Payment Terms (Applies to Multi-Year Contracts Only)

Year Total Annual Dollar Amount Payment FrequencyYear1 $3496.00 AnnuallyYear2 $3496.00 AnnuallyYear3 $3496.00 Annually

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Special Additions and Exceptions

33



Terms and Conditions Definitions

CONNECTED SERVICES are the services and related equipment that allow JCI to access, monitor, and trend data remotely, and which may be available for certain types of Covered Equipment. CONTRACT PRICE means the price that Customer shall pay to JCI for the Services. COVERED EQUIPMENT means the equipment for which Services are to be provided under this Agreement. Covered Equipment is set forth in Schedule A - Equipment List. EQUIPMENT FAILURE means the failure, under normal and expected working conditions, of moving parts or electric or electronic components of the Covered Equipment that are necessary for its operation. PREMISES means those Customer premises where the Covered Equipment is located or Services performed pursuant to this Agreement. REMOTE MONITORING SERVICES means remote monitoring of Covered Equipment and/or systems including building automation, HVAC equipment, and fire alarm, intrusion, and/or other life safety systems for alarm and event notifications using a UL Certified Central Station. REMOTE OPERATIONS CENTER (ROC) is the department at JCI that remotely monitors alarm and industrial (HVAC) process signals. REMOTE OPERATING SERVICES means remote interrogation, modification and/or operation of building automation, HVAC equipment, and/or other Covered Equipment. REPAIR LABOR is the labor necessary to restore Covered Equipment to working condition following an Equipment Failure, but does not include services relating to total equipment replacement due to obsolescence or unavailability of parts. REPAIR MATERIALS are the parts and materials necessary to restore Covered Equipment to working condition following an Equipment Failure, but excludes total equipment replacement due to obsolescence or unavailability of parts, unless excluded from the Agreement. At JCI’s option, Repair Materials may be new, used, or reconditioned. SCHEDULED SERVICE MATERIALS are the materials required to perform Scheduled Service Visits on Covered Equipment, unless excluded from the Agreement. SCHEDULED SERVICE VISITS are the on-site labor visits required to perform JCI recommended inspections and preventive maintenance on Covered Equipment. SERVICES are the work, materials, labor, service visits, and repairs to be provided by JCI pursuant to this Agreement except that the Services do not include the provision of any software products or digital or cloud services, which are provided under separate terms and conditions referenced in Section P herein. A. JCI’S SERVICES FOR COVERED EQUIPMENT

1. BASIC COVERAGE means Scheduled Service Visits, plus Scheduled Service Materials (unless excluded from this Agreement). No parts, equipment, Repair Labor or Repair Materials are provided for under BASIC COVERAGE. 2. PREMIUM COVERAGE means BASIC COVERAGE plus Repair Labor, plus Repair Materials (unless excluded from the Agreement). If Customer has ordered PREMIUM COVERAGE, JCI will inspect the Covered Equipment within forty-five (45) days of the date of this Agreement, or as seasonal or operational conditions permit. JCI will then advise Customer if JCI finds any Covered Equipment not in working order or in need of repair. With Customer’s approval, JCI will perform the work necessary to put the Covered Equipment in proper working condition, subject to the terms of this Agreement. Customer will pay for such work at JCI’s standard rates for parts and labor in effect at the time that the work is performed. If Customer does not want JCI to perform the work identified as necessary by JCI, any equipment thereby affected will be removed from the list of Covered Equipment, and the Contract Price will be adjusted accordingly. Should Customer not make JCI’s recommended repairs or proceed with the modified PREMIUM COVERAGE, JCI reserves the right to invoice Customer for the cost of the initial equipment inspection. 3. EXTENDED SERVICE means Services performed outside JCI’s normal business hours and is available only if Customer has PREMIUM COVERAGE. Extended Service is available either 24/5 or 24/7, at Customer’s election. The price for Extended Service, if chosen by Customer, is part of the total Contract Price. 4. CONNECTED SERVICES. If Customer has purchased Connected Chiller Services on any Covered Equipment as more fully described in Schedule A, JCI will provide a cellular modem (“Gateway Device” owned by JCI) or Customer will supply a network connection suitable to establish a remote connection with Customer’s Equipment to permit JCI to perform troubleshooting, quarterly health reports, and meet service levels, including remote diagnostic, monitoring and repair services. Customer will benefit from being able to access chiller information from JCI Connected Chillers from a mobile smart device. JCI will not use Connected Services to remotely operate or make changes to Customer’s Equipment. The Gateway Device shall remain JCI’s property, and JCI may upon reasonable notice remove it at any time. JCI makes no any warranty or guarantee relating to the Connected Services. For Equipment not covered by a current Service Agreement, JCI disclaims any obligation to monitor such products via a remote connection or advise Customer of any possible Equipment error or malfunction.

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5. REMOTE MONITORING SERVICES OR REMOTE OPERATING SERVICES. If Remote Monitoring Services or Remote Operating Services are provided, Customer agrees to furnish JCI with a list of the names, titles, addresses, email addresses, and phone numbers of all persons authorized to be contacted by, or be able to contact the ROC to perform specific agreed upon actions with the appropriate authority. If JCI’s Services include “Remote Monitoring Services with Open and Close,” Customer also agrees to furnish JCI with Customer’s daily and holiday opening and closing schedules. Customer agrees to maintain and update the call lists with accurate information. Customer further agrees to notify JCI of such changes as soon as possible. JCI/ROC is not responsible to find new contacts/numbers if the contacts on the call lists cannot be reached. A maximum of three contacts are allowed for any time of the day. If none of those contacts can be reached, then neither JCI nor the ROC are responsible for damages. Customer is responsible for any and all costs and expenses arising from Customer’s failure to provide timely updates for any of the contact information submitted to the ROC. 6. CUSTOMER SERVICE INFORMATION PORTAL. Customer may be able to utilize JCI’s Customer Service Information Portal during the term of the Agreement, pursuant to the then applicable Terms of Use Agreement.

B. OUT OF SCOPE SERVICES If, during any Service Visit, JCI detects a defect in any of Customer’s equipment that is not Covered Equipment under this Agreement (an “Out of Scope Defect”), JCI may (but shall have no obligation to) notify Customer of such Out of Scope Defect. If Customer elects for JCI to repair such Out of Scope Defect, or if JCI otherwise performs any Services or provides any materials, parts, or equipment outside the scope of the Services (collectively, “Out of Scope Services”), Customer shall direct JCI to perform such Out of Scope Services in writing, and Customer shall pay for such Out of Scope Services at JCI’s standard fees or hourly rates. If, after receiving notice of an Out of Scope Defect, Customer elects not to engage JCI to repair such Out of Scope Defect, Customer shall defend and indemnify JCI from and against any and all losses, damages, claims, costs and expenses arising directly or indirectly out of such Out of Scope Defect. Any Out of Scope Services performed by JCI at the direction of Customer pursuant to this Section shall be subject to the terms of this Agreement.

C. EXCLUSIONS JCI’s Services and warranty obligations expressly exclude:

(a) the repair or replacement of ductwork, casings, cabinets, structural supports, tower fill/slats/basin, hydronic and pneumatic piping, and vessels, gaskets, and piping not normally replaced or maintained on a scheduled basis, and removal of oil from pneumatic piping; (b) disposal of hazardous wastes (except as otherwise expressly provided herein); (c) disinfecting of chiller condenser water systems and other components for biohazards, such as but not limited to, Legionella unless explicitly set forth in the scope of services between the parties. Unless explicitly provide for within the scope of services, this is Out of Scope Services and the Customer’s exclusive responsibility to make arrangements for such services with a provider other than JCI. Mentions of chiller tube cleaning, condenser cleaning, cooling tower cleaning or boiler tube cleaning in any scope of services, only involve work to remove normal buildup of debris and scale using tube brush cleaning, pressure washing or acid flushing. Reference to such cleaning does not include chemical cleaning, disinfection or chemical water treatment required to eliminate, control or disinfect against biohazards such as but not limited to Legionella; (d) supplies, accessories, or any items normally consumed during the use of Covered Equipment, such as ribbons, bulbs and paper; (e) the furnishing of materials and supplies for painting or refinishing equipment; (f) the repair or replacement of wire in conduit, buried cable/transmission lines, or the like, if not normally replaced or maintained on a scheduled basis; (g) replacement of obsolete parts; and

(h) damages of any kind, including but not limited to personal injury, death, property damage, and the costs of repairs or service resulting from:

• abuse, misuse, alterations, adjustments, attachments, combinations, modifications, or repairs to Covered Equipment not performed, provided, or approved in writing by JCI;

• equipment not covered by this Agreement or attachments made to Covered Equipment;• acts or omissions of the Customer, including but not limited to the failure of the Customer to fulfill the Customer Obligations and

Commitments to JCI as described in Section F of this Agreement, operator error, Customer’s failure to conduct preventive maintenance, issues resulting from Customer’s previous denial of JCI access to the Covered Equipment, and Customer’s failure to keep the site clean and free of dust, sand, or other particles or debris, unless such conditions are previously expressly acknowledged by JCI in writing;

• use of the Covered Equipment in a manner or environment, or for any purpose, for which it was not designed by the manufacturer;• site-related and environmental conditions, including but not limited to power failures and fluctuations in electrical current (or “power

surges”) and biohazards such as but not limited to Legionella associated with condenser water, cooling tower systems and subcomponent systems;

• the effects of erosion, corrosion, acid cleaning, or damage from unexpected or especially severe freezing weather;• issues or failures not specifically covered by this Agreement; or• occurrences beyond JCI’s reasonable control and without JCI’s fault or negligence.

D. PAYMENT TERMS; PRICE ADJUSTMENTS Fees and other amounts due hereunder are due upon receipt of the invoice and shall be paid by Customer within thirty (30) days. Such payment is a condition precedent to JCI’s obligation to perform Services under the Agreement. Any invoice disputes must be identified in writing by Customer within 21 days of the date of invoice. Payments of any disputed amounts are due and payable upon resolution. All other amounts remain due within

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30 days.

Failure by Customer to make payments when due will give JCI, without prejudice to any other right or remedy, the right to: (i) to stop performing any Services, withhold deliveries of Equipment and other materials, terminate or suspend any software licenses provided hereunder and/or terminate this Agreement; and (ii) charge Customer interest on the amounts unpaid at a rate equal to the lesser of one and one-half (1.5) percent per month or the maximum rate permitted under applicable law, until payment is made in full. Customer will pay all of JCI’s reasonable collection costs (including legal fees and expenses). In the event of Customer’s default, the balance of any outstanding amounts will be immediately due and payable.

JCI may increase prices upon notice to the Customer to reflect increases in material and labor costs. In issuing any purchase order related to this Agreement, and notwithstanding any language to the contrary therein, Customer acknowledges and agrees that any and all JCI invoices for an amount greater than $25,000 shall be paid only via wire transfer, check, or money order. If this Agreement is renewed, JCI will provide Customer with notice of any adjustments in the Contract Price applicable to any renewal period no later than forty-five (45) days prior to the commencement of that renewal period. Unless Customer terminates the Agreement at least thirty (30) days prior to the start of such renewal period, the adjusted price shall be the price for the renewal period.

E. WARRANTIES JCI warrants its Services will be provided in a good and workmanlike manner for 90 days from the date of Services. If JCI receives written notice of a breach of this warranty prior to the end of this warranty period, JCI will re-perform any non-conforming Services at no additional charge within a commercially reasonable time of the notification. JCI warrants that equipment manufactured or labeled by Johnson Controls, Inc. shall be free from defects in material and workmanship arising from normal usage for a period of 90 days. If JCI installs or furnishes a piece of equipment under this Agreement, and that equipment is covered by a warranty from a manufacturer other than JCI, JCI will transfer the benefits of that manufacturer’s warranty, if any, to Customer and such warranty remedies are exclusive for that equipment. All transportation charges incurred in connection with the warranty for equipment and/or materials not covered under this Agreement shall be borne by Customer. Except as provided herein, if JCI receives written notice of a breach of this warranty prior to the end of this warranty period, JCI will repair or replace (at JCI’s option) the defective equipment. .

These warranties do not extend to any Services or equipment that have been misused, altered, or repaired by Customer or third parties without the supervision of and prior written approval of JCI, or if JCI serial numbers or warranty decals have been removed or altered. All replaced parts or equipment shall become JCI’s property. This warranty is not assignable. Warranty service will be provided during normal business hours, excluding holidays. The remedies set forth herein shall be Customer’s sole and exclusive remedy with regards to any warranty claim under this Agreement. Any lawsuit based upon the warranty must be brought no later than one (1) year after the expiration of the applicable warranty period. This limitation is in lieu of any other applicable statute of limitations. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT THESE WARRANTIES ARE JCI’S SOLE WARRANTIES AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JCI makes no and specifically disclaims all representations or warranties that the services, products, software or third party product or software will be secure from cyber threats, hacking or other similar malicious activity.

F. CUSTOMER OBLIGATIONS AND COMMITMENTS TO JCI 1. Customer warrants it has given JCI all information concerning the condition of the Covered Equipment. The Customer agrees and warrants that, during the Term of this Agreement, Customer will: (1) operate the Covered Equipment according to the manufacturer’s and/or JCI’s recommendations; (2) keep accurate and current work logs and information about the Covered Equipment as recommended by the manufacturer and/or JCI; (3) provide an adequate environment for Covered Equipment as recommended by the manufacturer and/or JCI, including, but not limited to adequate space, electrical power, water supply, air conditioning, and humidity control; (4) notify JCI immediately of any Covered Equipment malfunction, breakdown, or other condition affecting the operation of the Covered Equipment; (5) provide JCI with safe access to its Premises and Covered Equipment at all reasonable and necessary times for the performance of the Services; (6) allow JCI to start and stop, periodically turn off, or otherwise change or temporarily suspend equipment operations so that JCI can perform the Services required under this Agreement; (7) as applicable, provide proper condenser, cooling tower and boiler water treatment for the proper functioning of Covered Equipment and protect against any environmental issues and instances of biohazards such as but not limited to Legionella; (8) carefully and properly set and test the intrusion alarm system each night or at such other time as Customer shall close the Premises; (9) obtain all necessary licenses and permits required for and pay all taxes associated with the Services; (10) notify JCI immediately of any claimed inadequacy in, or failure of, the Covered Equipment or other condition affecting the operation of the Covered Equipment; (11) furnish any necessary 110 volt A/C power and electrical outlets at its expense; (12) properly maintain, repair, service, and assure the proper operation of any other property, system, equipment, or device of Customer or others to which the Covered Equipment may be attached or connected, in accordance with manufacturer recommendations, insurance carrier requirements, or the requirements of any fire rating bureau, agency, or other authorities having jurisdiction thereof; (13) not tamper with, alter, adjust, disturb, injure, remove, or otherwise interfere with any Covered Equipment (including any related software) and not permit the same to be done; and (14) refrain from causing false alarms, and reimburse JCI for any fine, penalty, or fee paid by or assessed against JCI by any governmental or municipal agency as a result thereof. (15) be solely responsible for the establishment, operation, maintenance, access, security and other aspects of its computer network (“Network”) and shall supply JCI secure Network access for providing its services. Products networked, connected to the internet, or otherwise connected to computers or other devices must be appropriately protected by Customer and/or end user against unauthorized access.

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(16) take appropriate measures, including performing back-ups, to protect information, including without limit data, software, or files (collectively “Data”) prior to receiving the service or products. 2. Customer acknowledges and understands that unless water treatment for biohazards (such as Legionella) is explicitly included in the services JCI is providing, it is Customer's responsibility to provide such treatment. Customer also acknowledges that its failure to meet the above obligations will relieve JCI of any responsibility for any Covered Equipment breakdown, or any necessary repair or replacement of any Covered Equipment. If Customer breaches any of these obligations, JCI shall have the right, upon written notice to Customer, to suspend its Services until Customer cures such breach. In addition, Customer shall be responsible for paying or reimbursing JCI for any costs associated with corrective work required as a result of Customer’s breach of these obligations.

G. INSURANCE Customer is responsible for obtaining all insurance coverage that Customer believes is necessary to protect Customer, Customer’s property, and persons in or on the Premises, including coverage for personal injury and property damage. THE PAYMENTS CUSTOMER MAKES UNDER THIS AGREEMENT ARE NOT RELATED TO THE VALUE OF THE PREMISES, CUSTOMER’S PROPERTY OR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES, BUT RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTION AFFORDED TO JCI UNDER THIS AGREEMENT. Customer hereby releases JCI from any liability for any event or condition customarily covered by commercial liability insurance. Customer understands that neither the Services nor the Covered Equipment are designed to reduce, but not eliminate, certain risks. JCI does not guaranty that neither the Services nor Covered Equipment will prevent personal injury, unauthorized entrances or fire and smoke damage to the Premises. Customer further agrees that Customer has read and understands the terms and conditions of this Agreement. H. INDEMNITY JCI and Customer shall each indemnify the other party and its officers, agents, directors, and employees, from any and all damages, losses, costs and expenses (including reasonable attorneys’ fees) arising out of third party claims, demands, or suits for bodily injury (including death) or damage to tangible property to the extent arising out of th

PUBLIC COMMENTS PRESENTATIONS & …...2020/03/03 · Authorize the purchase of ten (10) tablets and...

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Transcript of PUBLIC COMMENTS PRESENTATIONS & …...2020/03/03 · Authorize the purchase of ten (10) tablets and...