NOTICE OF MEETING OF THE MCLENNAN COUNTY COMMISSIONERS COURT
NOTICE IS HEREBY GIVEN that the McLennan County Commissioners Court will conduct its regular scheduled meeting on Tuesday, the 18th day of May, 2021 at 9:00 o'clock a.m. and act on the items on the following agenda.
No physical meeting open to the public will be held. A temporary suspension of portions of the open meetings act to allow telephone or video conference public meetings has been granted by Governor Greg Abbott pursuant to Executive Order No. GA-08. These actions are being taken to mitigate the spread of Covid-19 by avoiding meetings that bring people into a group setting and in accordance with Section 418.016 of the Texas Government Code.
The opportunity to view and hear the meeting as well as the process if one wishes to address the Commissioners Court is available at: https://tx-mclennancounty.civicplus.com/1121/Commissioners-Court-Online-Meeting-Infor
AGENDA A. Proof of Posting of Notice
B. Moment of Silence / Invocation and Pledge
C. Public Comments
D. Proclamations / Resolutions:
1. Proclamation Recognizing & Honoring Mrs. Vera P. McCoy on her 100th Birthday
2. Proclamation Recognizing and Honoring Nancy Post
E. Consent Agenda:
1. Approval of Minutes of Prior Meeting(s); Recording into the Court Minutes of Previously Approved Documents; Recordation of Items Not Requiring Court Action
a. Recording of Agreement for Mental Health Deputy Services with Heart of Texas Region Mental Health Mental Retardation (HOTRMHMR) Center
b. Recording of Motorola Solutions Change Order No. 5 (re: System Purchase Agreement)
2. Financial Obligations of McLennan County:
a. Authorization for County Treasurer to Pay County Checks / Wire / Electronic Transfers Issued Since the Last Authorization
3. Human Resources / Salary Matters (Payroll Status Forms or Changes):
4. Authorization / Ratification of RFP’s, RFQ’s, and Bids Advertisements; Publications; Public / Legal Notices
5. Travel and Education Requests:
6. Recording of Educational Certificates; Recording of Department Head Affidavits; Recording of Departmental Reports; Acceptance or Approval of Official Bonds, Conflict Statements, or Other Such Items Required to be Submitted to the Court by Public Officials:
a. Waco-McLennan County Public Health District: Authorization of April Billing / Reports (re: On-Site Sewage Facility (O.S.S.F) Program)
b. McLennan County Children’s Protective Services Board: Recording of Detailed Transaction Report, April 2021
c. County Treasurer: Recording of McLennan County Investment Report, April 2021
d. County Auditor: Recording of Monthly Financial Report, October 2020 - March 2021
7. Burn Ban Approval, Extension, or Termination
8. Authorization of McLennan County Credit Card Purchases
F. Budget, Budget Amendments/Transfers/Changes, Additional Revenue Certifications, Expenditure Requests:
1. Regarding the FY 21 Budget:
a. Road & Bridge, Precinct 2
b. Justice of the Peace, Precinct 4
c. Criminal District Attorney
d. Health Services
e. 414th District Court
f. HOT Fair
g. 2019 Certificates of Obligation / Permanent Improvement Fund (Fund 419)
h. Human Resources
i. District Clerk:
1) Regarding General Fund
2) Regarding Court Record Preservation Fund (Fund 125)
j. Maintenance of Buildings
k. Certification of Local Government Code 111.07075 Special Budget for Revenue Received After Start of Fiscal Year and related Budget Amendments:
1) Regarding Proceeds from Agreement / Road & Bridge, Precinct 3
2) Regarding Proceeds Rene Bates Auction / Road & Bridge, Precinct 1
Page 1 of 4
l. Justice of the Peace, Precinct 3
2. Regarding the FY 22 Budget:
a. Discussion and/or Action regarding Matters relative to the FY 22 Budget / 2021 Tax Rate, including, but not limited to, Budget Policies, Priorities, Timelines, Updates from the County Auditor and/or Budget Work Sessions, as needed
G. Bids, RFP’s, RFQ’s, Quotations for Goods and Services:
1. Authorization of Renewal for Bid 15-017: Printing McLennan County Tax Statements (Peregrine Solutions)
2. Authorization of Proposal: EdocTec (re: Development / Host Web Site for Attorney Portal)
3. Authorization of Work Order - Inspection Proposal with ThyssenKrupp Elevator Corporation (re: Elevator Inspections / Safety Tests)
H. Contracts, Interlocal Agreements, and Memorandums of Understanding; Purchase, Lease, or Acquisition of Goods, Equipment or Services, including any Financing Thereof:
1. Authorization of Interlocal Cooperative Agreement with City of Bruceville-Eddy (re: Road Work)
2. Authorization of Public Funds Depository Services and Collateral Security Agreement with BBVA USA
3. Authorization of Memorandum of Understanding with McLennan County Bar Association (re: Attorney Portal for Civil and Criminal Case Information)
4. Authorization of Amended Memorandum of Understanding with the City of Waco and Waco Independent School District (re: Tax Foreclosure Sale of Real Property)
5. Authorization of Professional Services Agreement Renewal with HUB International Insurance Services (re: Employee Benefit Plan / Group Health Insurance Plan Consultant)
6. Authorization of Monitoring Agreement Renewal with L&M Electronics (re: Road & Bridge, Precinct 1)
7. Authorization of Professional Services Agreement and related Geotechnical Investigation Proposal with Langerman Foster Engineering Company (re: McLennan County Precinct No. 4 Cell Tower / Proposal No. GE021-056)
8. Authorization of Annual Contract Renewal with H.O.T. Solutions (re: Aerobic Unit / Septic System, Road & Bridge, Precinct 2)
9. Regarding the United States Marshals Service Intergovernmental Agreement # 80-10-0033: Ratification of Modification of Contract / Order No. 70CDCR20FIGR00101 (Amendment No. P00001)
10. Authorization of Interlocal Cooperative Agreement with City of Robinson (re: Road Work)
11. Authorization of Lease Agreement / Rental Maintenance Agreement with T-K-O Equipment Co. (re: Bomag MPH364R-2 Recycler / Road & Bridge, Precinct 2)
12. Authorization of Interlocal Cooperative Agreement with City of Golinda (re: Road Work)
13. Authorization of Memorandum of Agreement with Baylor University (re: Mental Health Court Program Cooperation)
I. Capital Improvement, Repair, Maintenance Projects and Construction Projects:
1. Regarding ADA Renovations at Extraco Events Center (Bid 20-013) / Agreement with John W. Erwin Construction: Discussion and/or Action on Project Update
2. Regarding Rattler Hill Road - Creek Crossing Improvements (Bid 20-023): Authorization of Mitchell Construction Co., Inc. Application and Certificate for Payment No.5
J. Real Estate, Right of Way, and Easements:
1. Regarding MCAD # 160285000021008: Being 147.50 Feet by 140.00 Feet, Containing 0.474 Acres, more or less, Situated in the Levi Prewitt Survey, Being Lots A10, 11 and 12, Block 7, City of Eddy, McLennan County, Texas:
a. Action to Rescind Previous Authorization of Tax Resale Deed
b. Discussion and/or Action regarding Request to Convey Undivided Interest of Property to the City of Bruceville-Eddy for Public Use
K. Grants / Grant Proposals:
1. Regarding Texas Division of Emergency Management (TDEM) / FEMA Public Assistance Program DR-4586 Grant / Assistance: Discussion and/or Action regarding County Applications; Assisting Citizens with Applications; Adoption of One or More Programs for Administration; Reports/Documentation regarding Compliance; Any Action Necessary to Comply with Grant Funding; Interlocal Cooperation Agreements for Administration of Grant; related Matters
2. Regarding U.S. Department of Treasury Emergency Rental Assistance Program:
a. Authorization of Reimbursement Requests / Reports from the City of Waco
b. Ratification of Application for Additional Allocation and related Agreement (re: ERA2)
3. Regarding the Texas Indigent Defense Commission - Indigent Defense Improvement Grant Program / Mental Health Managed Assigned Counsel Program (Grant Number 212-21-D17): Authorization of Budget Adjustment
4. Regarding the Texas Department of Family and Protective Services (DFPS) Title IV-E Grant Contract No. HHS000285100008 for Legal Services: Authorization of Title IV-E Legal Assistance Claim (Quarter Ended 12/31/20)
5. Regarding the 2021 State Homeland Security Program: Authorization of Revised Resolution (re: Personal Protective Equipment for Bomb Squad Unit / 800 Radio Equipment for Aviation Unit)
L. Department/Office-Specific Requests, Presentations or Items for Discussion and Possible Action (To the Extent Not Addressed Above):
1. Purchasing: Authorization to Use County Credit Card for Renewals of Existing Zoom Services / Accounts
2. County Sheriff: Discussion and/or Action regarding Request for Additional Unpaid Reserve Deputies
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M. Additional Items for Discussion and Potential Action:
1. Discussion and/or Action on Matters Regarding COVID-19 including but not limited to Staffing, Emergency Appropriations, Precautions and Plans, Restrictions to Prevent the Spread of COVID-19, Personnel Compensation and Benefit Matters, Health and Safety Procurements, Technology Procurements for Criminal Justice System to Allow for Operations to Continue Safely, Technology Procurements to Allow for Remote Meeting Participation, Reports on Progression of COVID-19, and related matters
2. Discussion regarding Health Care Plan Audit and related Engagement Agreement with Messier 42, LLC
3. Selection / Designation of Public Members of the Salary Grievance Committee regarding the FY 22 Budget
4. Discussion and/or Action regarding Hosting of Court Night for 2021 North and East County Judges and Commissioners Conference
5. Discussion and/or Action regarding Proposed / Pending State / Federal Legislation / Legislative Issues, including Adoption of Resolution/s, as appropriate
a. Discussion on Status of Legislation regarding the New District Court and New County Court at Law
6. Discussion and/or Action regarding Capital Improvements for the Cameron Park Zoo including Requests for Allocation Adjustments on Hoofstock Barn; Project Updates on Veterinary Hospital and related matters
7. Approval of Order Extending State of Disaster and Public Health Emergency Declaration Due to COVID-19 through June 30, 2021
8. Texas Association of Counties Risk Management Pool: Authorization of 2021-2022 Property Coverage Renewal and related Invoice
9. SAMCO Capital Markets, Inc.: Presentation regarding the Issuance of Certificates of Obligation, Series 2021 including Discussion of Proposed Project List and/or Timetable
10. Authorization of Refund Requests for Overpayment of Real Estate Taxes (ref: Section 31.11(a) of the Texas Property Tax Code)
11. Authorization to Submit Request for Unclaimed Capital Credits: Texas Comptroller of Public Accounts (ref: Section 74.602 of the Texas Property Code / Local Government Code Section 381.004)
N. Americans with Disabilities Compliance Project:
1. Authorization of Professional Services Invoice: CP&Y (re: ADA Study / Report for April)
O. McLennan County Venue Project: Authorizations for Phase I, II and/or Phase III, including but not limited to:
1. Regarding the Architectural Services Agreement with Populous: Authorization of Professional Services Invoices, Pay Applications, Schematic Design Documents; Acceptance of Reports, Updates, related matters
a. Authorization of Professional Services Invoices:
1) Regarding February - April, 2021 Services for Dedication Monument / Invoice No. 0071520
2) Regarding April Services for Venue Project / Invoice No. 0071521
2. Regarding the Construction Manager at Risk Agreement with John W. Erwin General Contractor, Inc.: Authorization of Applications and Certificates for Payment, Agreement Addendums, Design Documents; Acceptance of Reports, Updates, related matters
a. Discussion and/or Action regarding Progress Update
3. Authorization of Revised Pipe and Drape Quote from Georgia Expo
P. McLennan County Radio Tower Project / Multiple Site Expansion to Existing Simulcast Communication System:
1. Authorization of Interlocal Cooperation Agreement with Department of Public Safety (re: Land Lease for Radio Communications Tower)
2. Progress Update from Project Consultant
3. Authorization of Certificate of Milestone Acceptance (re: Acceptance of Test Plan)
Q. Work Session Items (unless otherwise identified above, no action will be taken, but these matters will be discussed):
1. Discussion regarding Criminal Justice Issues: Updates on the Electronic Monitoring Program; Coordinating the McLennan County Criminal Justice System / Criminal Justice Process / Veterans & Mental Health Courts; Courthouse Security; Public Nuisance Reporting & Enforcement Process; Reintegration Programs; Updates from the Associate Judge; Jack Harwell Detention Facility, Jail Magistration related matters
2. Discussion regarding Capital Expenditures: including Time Schedule for Capital Outlay / Recommendations from the Finance Committee on the Spending Policy / Equipment Financing, related matters
3. Discussion regarding County Property: including Space Availability & Utilization of County Buildings/Law Library, Utilization Planning, Consultant, Joint Facilities Master Plan or Study; Space and Office Allocations; Tradinghouse Lake/Park; Tradinghouse Pavilion Rental; Updates regarding ADA Capital Improvements; Updates regarding Road Projects including Surrey Ridge Road, Speegleville Road, and/or Chapel Road; County Off-System Bridge Repair/Maintenance, Judicial Center Feasibility Study, File Storage at Downtown Jail, Original Themis Statue, Clock / Clock Tower Project, related matters
4. Discussion regarding Rural Transit District: including Rural/Public Transportation Updates / Reports, related matter
5. Discussion regarding Voting Machine Equipment / Upgrades
6. Discussion regarding State and Local Coronavirus Fiscal Recovery Funds
Page 3 of 4
R. Executive/Closed Session
1. Section 551.071 of the Government Code (V.C.T.A.): An executive/closed session will be held so that the Commissioners Court can seek and receive legal advice from its attorneys regarding pending or threatened litigation, settlement offers, claims, or other matters for which the attorneys' duties to their client under the Texas State Bar Disciplinary Rules of Professional Conduct Conflicts with the Open Meetings Act (Ch.551, Gov. Code) if necessary for a subject contained on this agenda, and advice dealing with pending litigation, administrative claims or notices, and legal effects, liabilities, and legal options including but not limited to claims arising from Opioid Litigation, Civil Rights Cases, Tort Claims, or Other Pending or Threatening Litigation
2. Section 551.072 of the Government Code (V.C.T.A.): Regarding Real Property, including, but not limited to: (1) Right-Of- Way Acquisitions re: Expansion / Repair Project/s; and/or (2) Real Estate Purchase / Sale / Transfer / Trade / Offers to Purchase, Acquisition / Value / Donations of Real Property / Leases relative to Real Property, including, but not limited to, Potential Properties for Use by County / Public Facilities & Valuation of Current Property for Trade or Sale: Property transactions necessary to accommodate the footprint of the McLennan County Venue Project
3. Section 551.074 of the Government Code (V.C.T.A.): Regarding Personnel Matters including but not limited to: Personnel Review / Evaluation of Commissioners Court Appointed Department Heads; Employment, Appointment, Termination, Hearing Grievances Against Employees or Public Officials; Incentive Pay; Personnel Matters Identified in any Open Session Item if Necessary, and related matters
4. Section 551.076 of the Government Code (V.C.T.A.): Deliberations regarding Security Devices or Security Audits
5. Section 551.087 of the Government Code (V.C.T.A): Regarding Economic Development Negotiations including, but not limited to (1) Discussion of Commercial / Financial Information Received from a Business Prospect/s; (2) Pending Negotiations / Potential Prospects and Projects; and/or (3) Discussion re: Offers of Financial or Other Incentives to Business Prospect/s
S. Adjourn
Signed this 13th day of May, 2021
Scott M. Felton – Original Signed SCOTT M. FELTON, County Judge STATE OF TEXAS * COUNTY OF McLENNAN *
I, J.A. “ANDY” HARWELL, County Clerk, and the Ex-Officio Clerk to the Commissioners Court, hereby certify that the above and foregoing is a true and correct copy of a NOTICE OF MEETING posted by me at the Courthouse door in Waco, McLennan County, Texas, where notices are customarily posted this 13th day of May, 2021.
Witness my hand and seal of office at Waco, McLennan County, Texas the 13th day of May, 2021 at 3:45 p.m.
J. A. "ANDY" HARWELL, County Clerk (SEAL) McLennan County, Texas
BY: Myrce’tez Gowan-Perkins (Deputy)
Notice: Persons with disabilities in need of auxiliary aide or services may contact the County Judge’s Office, (254) 757-5049, prior to the meeting date
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D 1. (1 page)
Latrunda Reed McLennan County, Administrative Assistant, PCT. 2 P.O. BOX 648 WACO, TEXAS 76703-0648 (254) 757-5162 FAX# (254) 757-5007 e-mail: [email protected]
MEMORANDUM
DATE: May 10, 2020
TO: Commissioners Court
FROM: Latrunda Reed
RE: COMMISSIONERS COURT AGENDA ITEM / Tuesday, May 18, 2021
I am forwarding this memorandum as a request to have placed on the Tuesday, May 18, 2021, Commissioners Court Agenda, the following:
“Authorization Relative to Contracts, Interlocal Agreements, Memorandum of Understanding; Purchase, Lease, or Acquisition of Goods, Equipment or Services, including ay Financing Thereof: Execution of Annual Contract between McLennan County and H.O.T. Solutions.”
1. The H.O.T. Solutions service agreement covers the department’s aerobic unit/septic system. Authorization includes payment for agreement and city of Waco aerobic system fee in the amount of $250.00.
2. R & B Precinct 2, Budget Amendment
3. A Proclamation of the McLennan County Commissioners Court, Recognizing & Honoring, Mrs. Vera P. McCoy, on her 100th Birthday.
If you have any questions in regards to this memorandum, you may contact me at ext. 5162.
Thank You. E 1.a (25 pages)
E 1.b (3 pages)
E 6.a (6 pages)
E 6.b (2 pages) Childrens' Protective Services Board Detailed Transaction Report 4/1/2021 - 4/30/2021 Community Bank Acct# XXXX0161 Beginning available balance 4/1/2021 $17,489.41 Revenue $105.00 Expenditures: $1,122.54 Voided items: $0.00 Ending available balance 4/30/2021 $16,471.87 Outstanding deposits: $0.00 Outstanding withdrawals: $1,025.17 Account# XXXX0161 Ending bank statement balance $17,497.04
Expenditures Date Check#: Payee Budget object: Comment: Amount:
4/1/2021 1857 Leslie Nichols Clothing & Supplies 2-Box Spring Mattresses for 2 Children $171.04 4/6/2021 1858 Texas Bureau of Vital Other Services & Charges Voided Check ($22.00) Statistics 4/6/2021 1858 Texas Bureau of Vital Other Services & Charges Birth Certificate: 1 Child $22.00 Statistics 4/7/2021 1859 Walmart Clothing & Supplies Walmart CC: Enmergency Clothing for 5 $311.33 Children 4/15/2021 1860 City Of Waco Other Services & Charges Birth Certificate: 1 Child, Replaces Check $22.00 #1858 4/29/2021 1861 City of Waco Vital Statistics Other Services & Charges Birth Certificate: 1 Child $23.00 4/29/2021 1862 City of Waco Vital Statistics Other Services & Charges Birth Certificate: 1 Child $23.00 4/30/2021 1863 Partnerships for Children Rainbow Room (General Pack n Play for 1 Child $54.00 Fund) 4/30/2021 1863 Partnerships for Children Rainbow Room (General Rainbow Room: Clothing and Supplies $368.18 Fund) 4/30/2021 1864 Staci Love Other Services & Charges Television for Emergency Placement Room $149.99 on Herring Avenue Total Expenditures: $1,122.54 Revenues Date Check#: Contributor Budget object: Comment: Amount:
4/5/2021 1000448708 Blackbaud Giving Fund General Donations $105.00 Total Revenues: $105.00
Outstanding Items Date: Check#: Payee Amount: 12/22/2020 1850. Austin Driving School $385.00 3/2/2021 1855 Texas Department of State Health Services $22.00 4/29/2021 1861 City of Waco Vital Statistics $23.00 4/29/2021 1862 City of Waco Vital Statistics $23.00 4/30/2021 1863 Partnerships for Children $368.18 4/30/2021 1863 Partnerships for Children $54.00 4/30/2021 1864 Staci Love $149.99 Total Outstanding Items: $1,025.17 McLennan County Employees' Federal Credit Union Acct# XX050A Beginning available balance 4/1/2021 $1,533.57 Revenue $0.00 Expenditures: $0.00 Voided items: $0.00 Ending available balance 4/30/2021 $1,533.57 Outstanding deposits: $0.00 Outstanding withdrawals: $0.00 Account# XX050A Ending bank statement balance $1,533.57
Bill Helton, Treasurer Children's Protective Services Board End of Month Total Cash: $18,005.44 E 6.c (12 pages)
E 8. (1 page)
McLennan County Credit Card Purchases Department Amount Description Renewal of IT Inventory Application from Information Technology $1,495.00 LanSweeper
Information Technology $149.00 Renewal of Zoom Account
Purchase of Amazon Web Service for Cloud Storage Information Technology $500.00 (2 @ $250) Purchase of Annual Zoom Licenses (CSCD, Herlinda Adult Probation $383.76 Grusendorf, Riki Pruner, Patti McCall) F 1.b (1 page) F 1.c (1 page) F 1.d (6 pages)
BUDGET AMENDMENT REQUEST
McLennan County Commissioners Cour1 McLennan.County Cour1!1ouse Waco, Texas 76701 Re: Budget Amendment for: Fund 001 (General Fund)
I hereby request the followtng budget amendment for lhe fiSCl!Iyear ending 09/30i21
REQUESTED INCREASE(&) Kequestea SIJI>. Fund Flindlon Fune lie.oc• DtplName ObiKt�#J AC00:UntDescri ption Curren! Bl.!d11et Increase .AmendedBuiloet 001 30 85 4310 Hllh::,vcs 502000 Fumilure and 1::nulomerit l.,J:,1 696 2048
. - - Toi&! Increases .695
REQUESTED DECREASE(&) Sul>- Requesteo Fund Fun
BUDGET AMENUMtNT JUSTIFICATl"'ro:
This hudgei' amendrnent is requestedlo increAse line item 'Furniluro Bnd Equipment· Ir.om will1in theCounty He:lllh Servlr-.esbudget lo purchase 11 rapla.cAment!=Qmputer (quote 11lleched).
P,pproved by Respectfully Submitted Approved as loform CommlHlone.rsCourt Requestor County Auditor County Judge
F 1.e (1 page) F 1.f (4 pages)
F 1.g (2 pages)
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F 1.i(1) (1 page) F 1.i(2) (2 pages) PROPOSAL
1404 Washington Avenue Waco, Texas 76701 Phone 1-800-578-7746 Fax 254-537-0437
DIR Contract No. DIR-TSO-4033
DATE: January 26, 2021 TO: The Honorable Jon Gimble McLennan County District Clerk P.O. Box 2451 Waco, Texas 76703
COMMENTS OR SPECIAL INSTRUCTIONS:
SALESPERSON P.O. NUMBER REQUISITIONER OFFER DATE OFFER EXPIRES TERMS Michelle Haas Proposal 1/26/2021 QUANTITY DESCRIPTION UNIT PRICE TOTAL 1 Develop and Host Web Site for Attorney Portal $20,000.00 $20,000.00
Description: Portal will provide Civil & Criminal cases with images for Authorized Attorneys, no private information will be provided. Users can search by Cause Number, Defendant and Attorney. Search result will show Cause Numbers, Date Filed, Style and Status. Case Detail will show Party Information, Involvement Information and Public Events.
Annual Maintenance will be $2,500.00 after the first year. McLennan County will be responsible for training the Attorneys and Support Calls. Custom Programming not discussed in this proposal will be an additional TOTAL $20,000.00 fee of $225.00 per hour.
If you have any questions concerning this proposal, contact Michelle Haas at 800-578-7746. F 1.j (1 page) F 1.k(1) (2 pages)
F 1.i (3 pages)
G 1. (2 pages) McLennan County Purchasing Department 214 North 5th Street Waco, Texas 76701-1302 Ken Bass Director of Purchasing
May 18, 2021
Re: Request to Renew Bid 15-017, Printing of McLennan County Tax Statements
Commissioners Court:
We consulted with the Tax Office regarding the renewal of Bid 15-017, Printing of McLennan County Tax Statements. Currently this bid is awarded to Peregrine Solutions. We were told they would like to renew this contract.
We received an email from David Stith with Peregrine Solutions stating they would like to renew our contract at the same rates. If approved, the renewal dates would be from July 1, 2021 through June 30, 2022.
We respectfully submit this request for your consideration.
Thank You, Ken Bass
Hi Ken‐‐‐
Thanks for the call today. We are glad to continue doing your tax bill print/mail job at same pricing and specifications.
Let me know if you need anything else on this.
Thanks, Tom
Tom Stith Peregrine Services (913) 972‐2734 [email protected]
G 2. (1 page)
PROPOSAL
1404 Washington Avenue Waco, Texas 76701 Phone 1-800-578-7746 Fax 254-537-0437
DIR Contract No. DIR-TSO-4033
DATE: January 26, 2021 TO: The Honorable Jon Gimble McLennan County District Clerk P.O. Box 2451 Waco, Texas 76703
COMMENTS OR SPECIAL INSTRUCTIONS:
SALESPERSON P.O. NUMBER REQUISITIONER OFFER DATE OFFER EXPIRES TERMS Michelle Haas Proposal 1/26/2021 QUANTITY DESCRIPTION UNIT PRICE TOTAL 1 Develop and Host Web Site for Attorney Portal $20,000.00 $20,000.00
Description: Portal will provide Civil & Criminal cases with images for Authorized Attorneys, no private information will be provided. Users can search by Cause Number, Defendant and Attorney. Search result will show Cause Numbers, Date Filed, Style and Status. Case Detail will show Party Information, Involvement Information and Public Events.
Annual Maintenance will be $2,500.00 after the first year. McLennan County will be responsible for training the Attorneys and Support Calls. Custom Programming not discussed in this proposal will be an additional TOTAL $20,000.00 fee of $225.00 per hour.
If you have any questions concerning this proposal, contact Michelle Haas at 800-578-7746. G 3. (4 pages)
Work Order - Inspection Proposal thyssenkrupp
Date: April 26, 2021 Attention: Jayme Skinner Building: McLennan County - 5 yr test@ Courthouse Annex Mailing: McLennan County Address: 214 N 4th St #100 Address: various locations, Waco 76701 Contract #: See List City: Waco, TX 76701-1404 Serial #: 10 units: see attached list Provide billinq address if differentfrom the mailinQ address above: Rte#: 4 t Purchaser authorizes TK Elevator to perform the following described work on the subject elevators in the above referenced building:
Our records indicate the Annual Safety Test for your elevators are due by !June 12, 2021. The following is our proposal to have the annual safety tests, as required by the State of Texas and the American National Standard Safety Code, witnessed by a QEI Inspector and certified with the State. This covers the cost of providing your choice of a QEI inspector from a list of TK Elevator approved vendors, plus coordination, notification, transportation, scheduling, handling, and processing. The cost for providing the inspection and the additional services listed above will be $4,568.00. Inspection fees are not taxable. This does not include the filing fee for the Certificate of Compliance. TK Elevator will exercise caution and care in the performance of this testing, but will not be responsible for any damage done to the building structure or equipment occasioned by these tests. IMPORTANT OWNER INFORMATION: Once you have received your Inspection Report, you as the real property owner, or agent for the real property owner, are required bv law to file a copy of each Inspection Report, one (1) per elevator or escalator, and a $20.00 filingfee per unit, with: The Commissioner of the Texas Department of Licensing and Regulation ExecutiveOffices. P.O. Box 12157. Austin, Texas 78711. There is a 30-day period from the actual date of inspection to comply with the TDLR letter of code violations.
This Work Order is submitted for acceptance within 30 days from the date executed by TK Elevator. Purchaser's acceptance of this Work Order together with the terms and conditions printed on subsequent pages hereof and which are expressly made a part of this proposal and agreed to, and its approval by an executive officer of TK Elevator will constitute exclusively and entirely the agreement for the work herein described. All prior representations or agreements regarding this work, whether written or verbal, will be deemed to be merged herein, and no other changes in or additions to this agreement will be recognized unless made in writing and properly executed by both parties. This Work Order specifically contemplates work outside the scope of any maintenance contract currently in effect between the parties; any such contract shall be unaffected by this Work Order. No agent or employee shall have the authority to waive or modify any of the terms of this Agreement without the written approval of an authorized TK Elevator manager.
AGREEMENT: unless otherwise stated, you agree to pay as follows: a minimum of 50% upon signed acceptance and the balance upon completion. If this proposal meets with your approval, please return one (1) signed copy with your payment to the I Austin address I listed below.
Accepted: Please execute completely to ensure current contact information in our data base MCLENNAN COUNTY TK ELEVATOR CORPORATION 3615 Willow Springs Road ustm Texas 78704 By: (Signature of Authorized Individual)
By: ___�_LJtai____ £ /a- ______(Printed or Typed Name) (TK Elevator Representa rve) Krissy Rhoades, QEI Coordinator Title: ______Date: ____ (512) 486-1010, fax: (866) 768-9304 knssy. [email protected] Contact Person, ______Date: April 26, 2021 Telephone No: ______�E= xt:� ___ Send report(s) to this TK Elevator Approval: ______Email Address: ______Building Access Issues? ______ntle: Sales Mgr Date: ____
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PUBLIC FUNDS DEPOSITORY SERVICES AND COLLATERAL SECURITY AGREEMENT
This Public Funds Depository Services and Collateral Security Agreement (together with any addenda and exhibits hereto, this "Agreement") is entered into as of June 1, 2021 (the "Effective Date") by and between McLennan County Texas ("Depositor"), and BBVA USA, an Alabama banking corporation ("Bank").
Recitals
A. Depositor is a governmental entity or public corporation with the power under applicable laws to deposit its funds in depository institutions.
B. Funds on deposit with Bank to the credit of Depositor are required to be secured as and to the extent provided for by applicable state or federal law (as more particularly described in Section 1 below and Addendum I hereto, the "Public Funds Law").
C. The parties desire to enter into this Agreement in order to (i) evidence Depositor's security interest in collateral assets pledged by Bank from time to time to secure its Depositor's deposits and (ii) memorialize their agreement with respect to services and other arrangements affecting Depositor's accounts.
Now, therefore, in consideration of the foregoing Recitals and the mutual covenants and other agreements contained in this Agreement, the parties agree as follows:
1. Designation of Bank as Depository. Depositor represents and warrants that the statements in Recitals A and B above are true and correct and that its public funds on deposit with Bank are required to be secured pursuant to the Public Funds Law identified on Addendum I to this Agreement, and that Depositor has taken any and all requisite action, including but not limited to any and all action required by the Public Funds Law, to designate Bank as a qualified depository of Depositor's public funds.
2. Services Provided to Depositor. Bank agrees to provide those services listed in Addendum II to this Agreement (including any exhibit thereto), subject to the terms and conditions of this Agreement and, if applicable, Bank’s response to the RFP listed in Addendum I to this Agreement. Except as expressly provided in such Addendum II, services rendered to Depositor by Bank (whether under this Agreement or otherwise) shall be subject to Bank's Treasury Management Services Agreement, Bank's Non-Consumer Deposit Account Agreement, and such other agreements, policies, and procedures as may apply to such services by agreement of the parties, as all of the foregoing are in effect from time to time (collectively, "Services Procedures and Documentation").
3. Grant of Security Interest in Favor of Depositor; Permissible Collateral. To secure the deposits maintained by Depositor with Bank from time to time, Bank hereby pledges and grants to Depositor a security interest in those Bank assets which are at any time held by the Custodian (as hereinafter defined) for the benefit of Depositor in accordance with the terms of this Agreement, including but not limited to any such assets consisting of Additional Collateral or Substitute Collateral as hereinafter defined (together with any other asset or obligation posted to secure such deposits, collectively, the "Collateral"). The Collateral pledged or delivered hereunder shall be of the type described in Addendum I hereto under the heading "Permissible Assets for Bank to Pledge as Collateral." Depositor represents, warrants, and covenants that any and all types of Collateral permitted or required under this Agreement are consistent
Public Funds Depository Services and Texas Collateral Security Agreement Rev. 01.2020 with the requirements of the Public Funds Law and the collateral, investment, and other policies applicable to Depositor. Bank acknowledges that Custodian has agreed to accept and hold Collateral that consists of securities as custodian as security for Bank's obligations secured pursuant to this Agreement.
4. Custodian. During the term of this Agreement, Bank shall deposit Collateral that consists of securities with one or more of the following (the "Custodian," whether one or more), as selected by Bank in its discretion: (a) a Federal Reserve Bank; (b) a Federal Home Loan Bank; or (c) a bank or other financial institution that is eligible to serve as custodian for public funds collateral under the Public Funds Law. Depositor acknowledges that it has approved each of the foregoing types of entities as permissible custodians for its public funds and agrees to provide any further evidence as may be requested by Bank from time to time in order to confirm Depositor's approval of the Custodian. Depositor agrees to provide to Custodian, promptly upon any request of Bank or Custodian, instructions required or requested by Bank or Custodian to perform actions consistent with the terms and requirements of this Agreement. Depositor agrees to be bound by any requirements or conditions established by Custodian, even if such requirements or conditions are more restrictive than those imposed under this Agreement.
5. Receipts. Bank shall request Custodian to issue safekeeping or trust receipts describing the Collateral consisting of securities held by the Custodian and promptly forward copies of same to Depositor. Such safekeeping or trust receipts which are furnished to Depositor by Custodian from time to time shall be deemed a part of the Collateral.
6. Required Collateral Value. It is the intention of the parties that the total market value of the Collateral securing deposits maintained hereunder by Depositor with Bank (the "Collateral Value") will be an amount (the "Required Collateral Value") equal to that percentage (the "Required Collateral Percentage") of the amount of such deposits to the extent required to be collateralized under the Public Funds Law, it being understood that for purposes of determining the Required Collateral Value and the Collateral Value the amount of deposits shall be deemed reduced to the extent provided in the Public Funds Law including any reduction for amounts insured by the United States or an instrumentality thereof. Depositor hereby represents and warrants that the Required Collateral Value is the percentage so specified on Addendum I.
7. Mark to Market; Maintenance of Collateral Value.
(a) Bank will reevaluate the market value of the Collateral and promptly deliver or deposit with Custodian, for the benefit of Depositor, additional obligations or assets ("Additional Collateral") as may be necessary to maintain the Required Collateral Value. In no event shall Bank be required to deliver or maintain, or to deposit or maintain on deposit with the Custodian, Collateral with a value in excess of the Required Collateral Value, and the Commissioners Court designees, the County Treasurer or Chief Deputy County Treasurer, shall permit and authorize the Custodian to effect a withdrawal, release and return of Collateral (in each case, a "Collateral Release") from time to time, in order to reduce the Collateral Value to an amount not less than the Required Collateral Value. In the case of any letter of credit delivered to Depositor as Collateral that is not held by the Custodian, Bank may initiate a Collateral Release by requesting Depositor to return such Collateral.
(b) So long as Bank shall maintain Collateral for Depositor's benefit with a Collateral Value at least equal to the Required Collateral Value, Bank shall be entitled from time to time to deposit with the Custodian, or otherwise deliver in accordance herewith, assets or obligations permitted to serve as Collateral hereunder ("Substitute Collateral") in substitution for previously-delivered Collateral (any such substitution, a "Collateral Substitution") and effect a Collateral Release with respect to such previously- delivered Collateral. Commissioners Court designees, the County Treasurer or Chief Deputy County Treasurer, acting on behalf of the Depositor agrees to promptly provide any written consents, authorizations
2 and instructions and any forms, agreements and other documents, and take such other actions, as may be requested by Bank or Custodian in furtherance of any Collateral Release or Collateral Substitution or any other withdrawal, transfer, release or return provided for herein.
(c) Any Collateral Release and any Collateral Substitution authorized under the provisions of this Agreement or otherwise consented to by Depositor shall, without further notice or action on the part of any person or entity, have the effect of automatically terminating the security interest granted in this Agreement with respect to such designated assets, but only with respect to the assets that are subject to the applicable Collateral Release or for which other Collateral is substituted as part of the Collateral Substitution (as applicable). Custodian shall have no further liability to Depositor with respect to those assets withdrawn upon a Collateral Release or Collateral Substitution authorized under this Agreement.
8. Income on Collateral Assets. Bank shall be entitled to the income and distributions in respect of the Collateral (other than Collateral consisting of letters of credit issued for the benefit of Depositor), and Custodian shall, at the direction of Bank from time to time, dispose of such income and distributions as directed by Bank, without approval of Depositor. Any such disposition shall be free and clear of the security interest granted hereunder.
9. Default and Remedies. If Bank is declared insolvent by a Federal bank regulatory agency or fails to pay, when due, all or part of the deposits, including accrued but unpaid interest, in accordance with this Agreement and the Services Procedures and Documentation, Depositor shall give written notice of same to Bank, and Bank shall have one (1) Business Day after the receipt of such notice to cure same. If Bank breaches this Agreement in any other manner, Depositor shall give written notice of same to Bank, and Bank shall have 21 days after the receipt of such notice to cure same. In the event Bank fails to cure any default within such period, Depositor shall be entitled to exercise all rights and remedies afforded to Depositor as a secured party under the Uniform Commercial Code as in effect in the state referenced in Addendum I hereto (the "State") and, in conjunction therewith, to issue instructions to Custodian to relinquish possession of so much of the Collateral held by the Custodian as may be necessary to cure such default. In such event, Depositor shall also have the right to make one or more draws under Collateral consisting of letters of credit to the same extent. In exercising its rights in and to the Collateral, or any part thereof, Depositor must act in a commercially reasonable manner. Depositor shall account to Bank for any unliquidated Collateral and for any proceeds received from any sale or liquidation of any Collateral and other sums received in respect of Collateral to the extent not necessary to cure the default. Any permitted sale of Collateral by Depositor may be either at public or private sale; provided, however, Depositor shall give Bank at least (2) days' prior written notice of the time and location where such sale shall take place, and such sale shall be to the highest bidder for cash. Depositor and Bank each shall have the right to bid at such sale. Notice requirements apply as long as the Required Collateral Value is maintained. If the Required Collateral Value is not maintained or is at risk of not being maintained, then notice requirements are waived by Bank.
10. Authorization and Records. Bank has duly authorized the pledge of Bank assets to collateralize deposits maintained by public funds depositors and has authorized the undersigned Bank officer to enter into, execute and deliver to public funds depositors collateral pledge or security agreements on behalf of Bank and to take all action which may be necessary or appropriate to perform Bank obligations under such agreements. Bank shall maintain this Agreement among its official records continuously until such time as this Agreement is terminated and all deposits of Depositor have been paid. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original.
11. Authorized Representative; Depositor Agreements. During the term of this Agreement, Depositor will designate the officer or officers who singularly or jointly will be authorized to represent and act on behalf of Depositor in any and all matters of every kind arising under this Agreement and provide
3 written notice thereof to Bank. The Services Procedures and Documentation are incorporated into this Agreement for all purposes; however, to the extent that any provision in the Services Procedures and Documentation conflicts with any provision of this Agreement, this Agreement will control.
12. Notices. All notices and other communications to a party under this Agreement shall be in writing and shall be sent by first-class certified or registered United States mail, postage prepaid, return receipt requested, by nationally-recognized overnight courier, or by personal delivery, in all cases with charges prepaid, to the address listed on the signature page for such party or, if such party shall have notified the other party hereto of a substitute address in accordance herewith, to the most recent substitute address so notified to it.
13. Term. The term of this Agreement shall be the term referenced in Addendum I hereto.
14. Termination. Notwithstanding the provisions of the foregoing paragraph, either Depositor or Bank may terminate this Agreement (i) upon thirty (30) days’ advance written notice to the other party, or (ii) if the transactions contemplated hereby shall be prohibited by law or regulation, upon written notice to the other party. In the case of any such termination or the expiration of this Agreement, the terms of this Agreement shall continue to apply to all transactions entered into, and all deposits (including but not limited to time deposits) made by Depositor, prior to such termination or expiration.
15. Entire Agreement; Amendments; Interpretation. This Agreement (including the addenda and any exhibits attached hereto, each of which is incorporated into and deemed to be a part of this Agreement), together with the Services Procedures and Documentation, constitutes the entire agreement of the parties hereto and thereto with respect to the subject matter hereof and supersedes all prior and contemporaneous representations, statements, and agreements, whether written or oral. The terms and provisions of this Agreement may not be amended, altered, or waived except by mutual written agreement. In the event of any inconsistency between the provisions of this Agreement and the Services Procedures and Documentation, the provisions hereof shall prevail over the provisions to the extent that it is not otherwise possible to give effect hereto and thereto.
16. Miscellaneous. Except as otherwise provided by law, this Agreement and all accounts are governed by the laws of the State and applicable federal laws and regulations in effect from time to time. If any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable for any reason, such holding shall not invalidate or render unenforceable any other provisions of this Agreement. To the extent permitted by applicable law, the parties hereto waive any provision of law which prohibits or renders unenforceable any provision hereof, and to the extent that such waiver is not permitted by applicable law, the parties intend that such provision be interpreted as modified to the minimum extent necessary to render such provision enforceable. This Agreement shall be binding upon and inure to the benefit of Depositor and Bank and their respective successors and permitted assigns. Any and all section, subsection, paragraph, subparagraph and other headings in this Agreement are included for convenience of reference only and shall not be given any substantive effect. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all such executed counterparts shall constitute but one and the same agreement.
[Signature page follows.]
4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date.
DEPOSITOR:
McLennan County Texas
By: Name: Scott M. Felton Title: County Judge
Notice Address:
McLennan County Treasurer’s Office 215 N 5th St #226 Waco, TX 76701
BANK:
BBVA USA
By: Name: Title:
Notice Address:
BBVA Commercial Banking 1227 N Valley Mills Drive Waco, TX 76710
[Signature page to Public Funds Depository Services and Collateral Security Agreement]
ADDENDUM I TO PUBLIC FUNDS DEPOSITORY SERVICES AND COLLATERAL SECURITY AGREEMENT
Criteria for Collateral Securing Deposits; Term
Name of Depositor: McLennan County Texas
RFP: Request for proposals issued by Depositor entitled RFA 21-006 dated March 4, 2021
State: Texas
Term of Agreement: June 1, 2021 through May 31, 2025. The contract may be renewed for one additional two (2) year term.
Public Funds Law: Public Funds Collateral Act, Texas Government Code §§ 2257.001 et seq., as in effect as of the date hereof
Required Collateral Value: 102%
Permissible Assets for Bank to Pledge as Collateral:
Federal Home Loan Bank letter(s) of credit To the extent Bank so elects, securities of a type and nature sufficient to satisfy the requirements of the Public Funds Law
[Signature page to Public Funds Depository Services and Collateral Security Agreement]
ADDENDUM II TO PUBLIC FUNDS DEPOSITORY SERVICES AND COLLATERAL SECURITY AGREEMENT
Additional Terms and Conditions; Pricing; Description of Services
1. Pricing. Pricing for services referenced under the heading “Services” below will be payable on an annual basis as indicated in the RFP.
Pricing is listed in the pro forma pricing sheet contained in Exhibits A & B to this addendum (the “Pricing Model”).
New or additional services will be priced at the time of request.
2. Services.
Services are listed in the pro forma pricing sheet contained in Exhibits A & B to this addendum (the “Pricing Model”).
Additional services may be agreed upon by the parties in writing from time to time.
[Signature page to Public Funds Depository Services and Collateral Security Agreement]
Exhibits A & B to Addendum II
Pro Forma
(See Attached)
[Signature page to Public Funds Depository Services and Collateral Security Agreement]
McLennan County Certified County Resolutions
I, J.A. “Andy” Harwell, do hereby certify that:
1. I am the duly elected and acting County Clerk of McLennan County, Texas, and the keeper of the minutes of said Commissioners Court of McLennan County, Texas (“Commissioners Court”). 2. The following is a true and correct excerpt from the minutes of the meeting of the Commissioners Court that was held in Waco, Texas, on May 18, 2021.
“BE IT RESOLVED THAT BBVA USA (the “Bank”) is designated as depository of the above named entity (the “County”) and that one or more deposit accounts be opened and maintained on behalf of the County with the Bank as directed and approved by any one of the following Authorized Representatives.
Bill Helton County Treasurer
[signature]
Danielle Gonzales Chief Deputy Treasurer
[signature]
[Signature page to Public Funds Depository Services and Collateral Security Agreement]
Bank is authorized to pay such checks, drafts, notes, orders, or withdrawals, or to receive the same for credit, or in payment for the payee, or any other legal holder when so directed and approved.
BE IT FURTHER RESOLVED that any of the following Authorized Representative(s) is authorized to enter into agreements with the Bank for electronic and other banking services including but not limited to, payroll processing, electronic entry processing, account reconciliation, and corporate cash management:
Bill Helton County Treasurer
[signature]
Danielle Gonzales Chief Deputy Treasurer
[signature]
[Signature page to Public Funds Depository Services and Collateral Security Agreement]
“BE IT FURTHER RESOLVED THAT Compass Bank (the “Bank”) is designated as depository of the McLennan County Tax Assessor and Collector (the “Tax Office”) and that the following deposit accounts be opened and maintained on behalf of the Tax Office with the Bank for deposit of county and non- county funds together in these accounts as directed and approved by any one of the following Authorized Representatives.
XXXXXX3312 McLennan County Randy Riggs Tax Assessor/Collector Property Tax Credit Card XXXXXX4300 McLennan County Randy Riggs Tax Assessor/Collector VIT Administration XXXXXX7237 McLennan County Randy Riggs Tax Assessor/Collector Automobile XXXXXX2249 McLennan County Randy Riggs Tax Assessor/Collector Escrow XXXXXX2648 McLennan County Randy Riggs Tax Assessor/Collector Fees XXXXXX3016 McLennan County Randy Riggs Tax Assessor/Collector Refunds XXXXXX3682 McLennan County Randy Riggs Tax Assessor/Collector Automobile Internet Registration XXXXXX3771 McLennan County Randy Riggs Tax Assessor/Collector Automobile Credit Card XXXXXX5908 McLennan County Randy Riggs Tax Assessor/Collector Automobile Web Dealer XXXXXX6246 McLennan County Randy Riggs, Tax Assessor/Collector VIT Escrow
Randy Riggs Tax Assessor and Collector
[signature]
Kathy Holloman Tax Assessor and Collector Chief Deputy
[signature]
[Signature page to Public Funds Depository Services and Collateral Security Agreement]
Bank is authorized to pay such checks, drafts, notes, orders, or withdrawals, or to receive the same for credit, or in payment for the payee, or any other legal holder when so directed and approved.
BE IT FURTHER RESOLVED that any of the following Authorized Representative(s) is authorized to enter into agreements with the Bank for electronic and other banking services for the Tax Office including but not limited to, electronic entry processing, account reconciliation, and corporate cash management:
Randy Riggs Tax Assessor and Collector
[signature]
Kathy Holloman Tax Assessor and Collector Chief Deputy
[signature]
[Signature page to Public Funds Depository Services and Collateral Security Agreement]
RESOLUTION FOR PUBLIC FUNDS DEPOSITORY SERVICES AND COLLATERAL SECURITY AGREEMENT
I, the undersigned, hereby certify that the following resolution was duly adopted at a meeting of the Credit Committee of BBVA USA (the “Institution”), duly authorized under the laws of Alabama and lawfully operating in the state of Texas, which was duly called and held on the ______day of ______, 2021, and that those resolutions are now in full force and effect and are not in conflict with any provisions in the certificate of incorporation, statutes, or bylaws of the Institution.
Upon motion by , seconded by , the Credit Committee adopted the following Resolution: RESOLVED, that this Bank shall authorize the Bank Depository Services Agreement with, and secure all deposits of:
1. McLennan County, Texas
[Signature page to Public Funds Depository Services and Collateral Security Agreement]
(“County”) in excess of amounts insured by the Federal Deposit Insurance Corporation (“Excess Funds”) on deposit with the Bank at any time in whatever amount; and further
RESOLVED, that this Resolution will be a permanent and continuous record of the Bank and reflected as such in the minutes of this meeting.
IN WITNESS HEREOF, I, the undersigned, Secretary of the Credit Committee, have hereunto subscribed my name.
Officer Name
Credit Committee, Secretary Officer Title
(seal) ______
NAME
SUBSCRIBED AND SWORN BEFORE ME by the said ______on this the ______day of ______, 2021 to certify which, witness my hand and seal of office.
(notary stamp) ______
Notary Public, State of Texas
Exhibit A to Addendum II
BBVA - TEXAS CONTACT:
Keith Odom Jackie Basile MONTH: Jan 2021 McLennan County Texas FROM 1/1/2021 215 N 5TH ST STE 226 TO 1/31/2021 4205.07 Waco, TX 76701 31 TREAS MGMT ANALYSIS CHECKING
AVERAGE LEDGER BALANCE 42,000,000.00 LESS AVERAGE FLOAT 7,861,193.84
AVERAGE COLLECTED BALANCE 42,000,000.00 AVG NEGATIVE COLLECTED BALANCE RATE 9.50% 178.00 AVG POSITIVE COLLECTED BALANCE 42,000,178.00 LESS RESERVE REQUIREMENT RATE waived 0.00
BALANCES AVAILABLE FOR SERVICES 42,000,178.00
EARNINGS CREDIT RATE 0.28% 9,987.95 LESS ANALYZED SERVICES PERFORMED 9,834.78
TOTAL FEES DUE THIS MONTH 0.00
***SERVICE CHARGE AMOUNT: 0.00
SERVICES ANALYZED
AFP Code SERVICES Column2 VOLUME PRICE PER ITEM TOTAL PRICE ONE TIME FEES BALANCE REQUIRED 00230 Deposit Supervisory Fee 42,000,000 waived 0.00 0.00 GENERAL ACCOUNT SERVICES 4,287 00210 Negative Collected Balance - Interest Charge 178 7.25% 1.4362 6,039.29 10000 Account Maintenance 40 10.0000 400.0000 1,682,027.65 10100 Checks Paid - Debits 1,917 0.0900 172.5300 725,500.58 10101 Deposit Credits 1,282 0.4000 512.8000 2,156,359.45 10030 Check Block Monthly Maintenance 3 1.0000 3.0000 12,615.21 10100 ACH Debit - Incoming 182 0.0900 16.3800 68,879.03 10101 ACH Credit - Incoming 685 0.4000 274.0000 1,152,188.94 100210 Items Deposited - On Us Branch 1 0.0750 0.0750 315.38 100210 Items Deposited - On Us Peak Branch 1 0.0750 0.0750 315.38 100213 Items Deposited - Transit Branch 2 0.0750 0.1500 630.76 100213 Items Deposited - Transit Branch Peak 2 0.0750 0.1500 630.76 1512ZZ Image Statement Fee 28 2.5000 70.0000 294,354.84 100400 Return Deposited Items 15 5.0000 75.0000 315,380.18 100402 Re-Run Deposited Items 6 4.5000 27.0000 113,536.87 101301 Image Cash Letter Maintenance 1 87.5000 87.5000 367,943.55 101321 ICL per item 1-10,000 Early 2,380 0.0400 95.2000 400,322.58 101321 ICL per item 10,001 - 20,000 Early 0 0.0400 0.0000 0.00 101300 Remote Dep Capture Online Maint 2 30.0000 60.0000 252,304.15 101300 RDC Online Addl Scanner Location 16 25.0000 400.0000 1,682,027.65 101320 RDC Online per Item < 5,000 Early 7,309 0.0700 511.6300 2,151,439.52 100213 Items Deposited - Other Transit Virtual Vault 64 0.0600 3.8400 16,147.47 100210 Items Deposited - On Us Virtual Vault 1,600 0.0500 80.0000 336,405.53 10010Z Cash Processing per $1 $1 - $29,999 1,142,180 0.0010 1,142.1800 4,802,945.85 10010Z Cash Processing per $1 $30,000 - $99,999 0 0.0010 0.0000 0.00 10010Z Cash Processing per $1 $100,000 - $999,999 0 0.0010 0.0000 0.00 10010Z Cash Processing per $1 $1,000,000 + 0 0.0010 0.0000 0.00 100500 Deposit Correction Fee 2 1.2500 2.5000 10,512.67 Full Coin Bag 0 1.2500 0.0000 0.00 10010Z Mixed Coin Bag 0 1.5000 0.0000 0.00 100140 Change Order 7 1.5000 10.5000 44,153.23 10014A Full Strapped Currency 0 0.1300 0.0000 0.00 10014B Partial Strap Currency 0 0.1800 0.0000 0.00 100146 Box of Rolled Coins 0 1.2500 0.0000 0.00 100144 Rolled Coins 0 0.0600 0.0000 0.00 100143 Late Change Order 1 7.5000 7.5000 31,538.02 100000 Branch Cash Deposit per $1 12,339 0.0010 12.3390 51,886.35 100000 Branch Cash Deposit Post Verification, per $1 0 0.0010 0.0000 0.00 100000 Night Drop Branch Cash Deposit Post Verification, per $1 0 0.0010 0.0000 0.00 100000 Night Drop Branch Cash Deposit Immediate Verification, per $1 0 0.0010 0.0000 0.00 100000 Night Drop Branch Cash Deposit Non-Conforming Bag, per $1 2,655 0.0010 2.6550 11,164.46 100500 Deposit Correction Fee 0 1.2500 0.0000 0.00 100016 Full Bag 0 1.2500 0.0000 0.00 100040 Change Order 1 1.5000 1.5000 6,307.60 100016 Full Strapped Currency 37 0.1250 4.6250 19,448.44 100017 Partially Strapped Currency 1 0.1750 0.1750 735.89 100046 Box of Rolled Coins 0 1.0000 0.0000 0.00 100044 Rolled Coins 95 0.0600 5.7000 23,968.89 350300 Incoming Domestic Wire 1 6.2500 6.2500 26,281.68 350411 Incoming Domestic Wire w/Phone Notification 0 8.7500 0.0000 0.00 350411 Incoming Domestic Wire w/Fax or Email Notification 5 7.6250 38.1250 160,318.26 350101 Outgoing Repetitive Wire Transfer 0 9.5000 0.0000 0.00 35020Z Outgoing Non-Repetitive Wire Transfer 0 10.0000 0.0000 0.00 350410 Outgoing Wire Transfer with Notification 0 12.0000 0.0000 0.01 350100 Outgoing Customer Repetitive 9 4.5000 40.5000 170,305.30 350104 Free-Form Wire Transfers 0 5.0000 0.0000 0.00 ACCOUNT RECONCILIATION SERVICES (Requires BBVA Net Cash & Positive Pay) 0 200020 Partial Recon Maintenance 1 32.5000 32.5000 136,664.75 200120 Items 1 - 9,999 1,463 0.0300 43.8900 184,560.48 200301 Transmission Output 1 7.5000 7.5000 31,538.02 40005Z BBVA Net Cash Customer ID Maintenance 1 12.5000 12.5000 52,563.36 40005Z BBVA Net Cash Maintenance - Primary Account 2 62.5000 125.0000 525,633.64 40005Z BBVA Net Cash Maintenance - Additional account(s) 49 10.0000 490.0000 2,060,483.87 350600 BBVA Net Cash - Wire Transfer Module 1 17.5000 17.5000 73,588.71 350600 Wire Transfer Add'l Acct 1 3.2500 3.2500 13,666.47 150410 eBanking Stop Payments 6 8.5000 51.0000 214,458.53 11021 BBVA Net Cash Alerts - per alert 141 0.1750 24.6750 103,760.08 35012Z via Net Cash Account Transfer 131 1.5000 196.5000 826,296.08 101030 Photocopy Request 1 5.0000 5.0000 21,025.35 409999 BBVA Net Cash - ACH Returns / NOC Report 6 7.5000 45.0000 189,228.11 Account Analysis Statement 0 - - - 10307 BBVA Net Cash eStatements 51 2.5000 127.5000 536,146.31 100741 BBVA Net Cash - Stmt Item Images Only, Monthly Maintenance 37 22.5000 832.5000 3,500,720.05 100742 Online Image Stored 5,084 0.0200 101.6800 427,571.43 100416 BBVA Net Cash - Returned Deposited Imaging, Maint 37 7.5000 277.5000 1,166,906.68 100416 RDI Items/Images Reported 15 0.6250 9.3750 39,422.52 40027Z BBVA Net Cash - Deposit Item Detail Imaging, Maint 37 17.5000 647.5000 2,722,782.26 40027Z Dep Items Reported w/ Images 11,838 0.0200 236.7600 995,592.17 150030 Monthly Maintenance 28 35.0000 980.0000 4,120,967.74 150724 Check Positive Pay Exception 6 1.0000 6.0000 25,230.41 150121 Items 1 - 9,999 1,893 0.0250 47.3250 199,004.90 15072 Final PP Exception Phone 1 0.1750 0.1750 735.89 15072 Final PP Exception Email 1 0.1750 0.1750 735.89
McLennan County proforma RFA21-006 1 3/11/2021 AFP Code SERVICES Column2 VOLUME PRICE PER ITEM TOTAL PRICE ONE TIME FEES BALANCE REQUIRED 15072 Final PP Exception Fax 0 0.1750 0.0000 0.00 15072 Final PP Exception SMS 1 0.1750 0.1750 735.89 15072 Final PP Exception Intra-day Phone 1 0.1750 0.1750 735.89 15072 Final PP Exception Intra-day Email 1 0.1750 0.1750 735.89 15072 Final PP Exception Intra-day Fax 1 0.1750 0.1750 735.89 15072 Final PP Exception Intra-day SMS 1 0.1750 0.1750 735.89 15072 Final PP Exception Today Email 0 0.1750 0.0000 0.00 15072 Final PP Exception Today Phone 0 0.1750 0.0000 0.00 15072 Final PP Exception Today Fax 0 0.1750 0.0000 0.00 15072 Final PP Exception Today SMS 0 0.1750 0.0000 0.00 251053 Items 1 - 9,999 38 0.0600 2.2800 9,587.56 251053 ACH Positive Pay Exception 3 1.0000 3.0000 12,615.21 Secure Transmit Maintenance 0 - - - 250000 ACH Maintenance 10 17.5000 175.0000 735,887.10 250102 Per Item - Debit Items 1 - 14,999 3,874 0.0750 290.5500 1,221,782.83 250102 Per Item - Debit Items 15,000 - 49,999 0 0.0600 0.0000 0.00 250102 Per Item - Debit Items 50,000+ 0 0.0400 0.0000 0.00 250102 Per Item - Credit Items 1 - 14,999 472 0.0750 35.4000 148,859.45 250102 Per Item - Credit Items 15,000 - 49,999 0 0.0600 0.0000 0.00 250102 Per Item - Credit Items 50,000+ 0 0.0400 0.0000 0.00 250130 ACH Prenotes 1 0.0700 0.0700 294.35 25120 Per Addenda Record 106 0.0100 1.0600 4,457.37 250101 Sameday ACH Debit Surcharge Item 739 0.4750 351.0250 1,476,084.39 250101 Sameday ACH Credit Surcharge Item 0 0.4750 0.0000 0.00 25107 Original Item NOC Repair 64 0.1000 6.4000 26,912.44 250501 1-5 51 4.2500 216.7500 911,448.73 250501 6-10 0 4.2500 0.0000 0.00 250501 >10 0 4.2500 0.0000 0.00 250102 Per Credit Returned 1 2.5000 2.5000 10,512.67 250302 Per Debit Returned 1 2.5000 2.5000 10,512.67 250501 Per Notification of Change 4 2.5000 10.0000 42,050.69 250640 Per Item Reversed 1 2.5000 2.5000 10,512.67 250642 File Reversals 0 15.0000 0.0000 0.01 250632 Suspended Files 0 12.5000 0.0000 0.01 250640 Monthly Maintenance 33 7.5000 247.5000 1,040,754.61 250640 Per Item Blocked 1 0.5000 0.5000 2,102.53 250640 Monthly Maintenance 5 12.5000 62.5000 262,816.82 250640 Per Item Blocked 0 0.5000 0.0000 0.00 300010 Per Day 15 2.0000 30.0000 126,152.07 300010 Per Item 33 0.2500 8.2500 34,691.82 IMAGE TRANSMISSION SERVICE 0 151350 Image Transmission Maintenance 0 25.0000 0.0000 0.01 151352 Image Transmission per Image 0 0.0250 0.0000 0.00 151354 Image Transmission via FTS 0 5.0000 0.0000 0.00 TOTAL SERVICES PERFORMED 1 9,834.7802 41,355,930.58 TOTAL ONE TIME FEES 1 -
1 1 Comments: 1 Please Note: The proposed pricing is an estimate only. Actual fees will vary with services used, account balances, account activity, and earnings credit rate. We will provide a detailed statement of fees monthly either via regular mail or online through BBVA Net Cash electronic statements module.
1 1 Account Structure /Pricing per RFP 21-006
Public Funds Treasury Management Checking Account. • Non-interest-bearing deposit balances will earn credits toward the offset of service fees at BBVA’s preferred rate (highest tier) plus 10 bps (0.10%).
Public Funds Money Market and Public Funds Interest Checking accounts for additional fund investments. • Deposit balances in the Public Funds Money Market will accrue interest at a managed rate of 7 bps (0.07%). • Deposit balances in the Public Funds Interest Checking will accrue interest at a managed rate of 7 bps (0.07%). This interest rate is a managed rate based on numerous factors, such as competitive rate environment, volume of client business and overall market conditions. The managed rate is managed on an individual basis and is subject to change at the bank’s sole discretion.
McLennan County proforma RFA 21-006 2 3/11/2021 Exhibit B to Addendum II
BBVA - TEXAS CONTACT: Keith Odom Jackie Basile MONTH: Feb 2021 McLennan County Adult Probation FROM 2/1/2021 215 N 5th St TO 2/28/2021 3430.45 Waco, TX 76701 28
AVERAGE LEDGER BALANCE 134,892.22 LESS AVERAGE FLOAT 1,831.54
AVERAGE COLLECTED BALANCE 134,892.22 AVG NEGATIVE COLLECTED BALANCE RATE 9.50% 0.00 AVG POSITIVE COLLECTED BALANCE 134,892.22 LESS RESERVE REQUIREMENT RATE 0.00% 0.00
BALANCES AVAILABLE FOR SERVICES 134,892.22
EARNINGS CREDIT RATE 0.38% 39.32 LESS ANALYZED SERVICES PERFORMED 289.82
TOTAL FEES DUE THIS MONTH 250.50
***SERVICE CHARGE AMOUNT: WAIVED
SERVICES ANALYZED
AFP Code SERVICES Column2 VOLUME PRICE PER ITEM TOTAL PRICE ONE TIME FEES BALANCE REQUIRED 00230 Deposit Supervisory Fee 134,892 - - - GENERAL ACCOUNT SERVICES 163 10000 Account Maintenance 3 7.50 22.5000 77,185.15 10100 Checks Paid - Debits 77 0.06 4.6200 15,848.68 10101 Deposit Credits 37 0.29 10.5450 36,174.11 10100 ACH Debit - Incoming 0 0.08 0.0000 0.00 10101 ACH Credit - Incoming 46 0.24 11.0400 37,872.18 DEPOSITORY SERVICES 0 100210 Items Deposited - On Us Branch 0 0.0750 0.0000 0.00 100210 Items Deposited - On Us Peak Branch 0 0.0750 0.0000 0.00 100213 Items Deposited - Transit Branch 0 0.0750 0.0000 0.00 100213 Items Deposited - Transit Branch Peak 0 0.0750 0.0000 0.00 1512ZZ Image Statement Fee 0 2.5000 0.0000 0.00 100400 Return Deposited Items 0 5.0000 0.0000 0.00 100402 Re-Run Deposited Items 0 4.5000 0.0000 0.00 150340 Insufficient Charges 0 19.0000 0.0000 0.00 VAULT SERVICES 358,439 VIRTUAL VAULT SERVICES 179,220 Vault Cash Processing Services 89,610 100213 Items Deposited - Other Transit Virtual Vault 133 0.05 7.1820 24,637.50 100210 Items Deposited - On Us Virtual Vault 1 0.09 0.0900 308.74 10010Z Cash Processing per $1 $1 - $29,999 89,476 0.00 37.5798 128,915.81 10010Z Cash Processing per $1 $30,000 - $99,999 0 0.0010 0.0000 0.00 10010Z Cash Processing per $1 $100,000 - $999,999 0 0.0010 0.0000 0.00 10010Z Cash Processing per $1 $1,000,000 + 0 0.0010 0.0000 0.00 100500 Deposit Correction Fee 0 1.2500 0.0000 0.00 Full Coin Bag 0 1.2500 0.0000 0.00 10010Z Mixed Coin Bag 0 1.2500 0.0000 0.00 10010Z Envelope Processing 0 1.0000 0.0000 0.00 Vault Outgoing Currency Services 0 100140 Change Order 0 1.5000 0.0000 0.00 10014A Full Strapped Currency 0 0.1300 0.0000 0.00 10014B Partial Strap Currency 0 0.1800 0.0000 0.00 100146 Box of Rolled Coins 0 1.2500 0.0000 0.00 100144 Rolled Coins 0 0.0600 0.0000 0.00 Branch / Night Drop Cash Processing 0 100000 Branch Cash Deposit per $1 0 0.0010 0.0000 0.00 100000 Branch Cash Deposit Post Verification, per $1 0 0.0010 0.0000 0.00 100000 Night Drop Branch Cash Deposit Post Verification, per $1 0 0.0010 0.0000 0.00 100000 Night Drop Branch Cash Deposit Immediate Verification, per $1 0 0.0010 0.0000 0.00 100000 Night Drop Branch Cash Deposit Non-Conforming Bag, per $1 0 0.0010 0.0000 0.00 100500 Deposit Correction Fee 0 1.2500 0.0000 0.00 100016 Full Bag 0 1.2500 0.0000 0.00 Branch Outgoing Currency Services 0 100040 Change Order 0 1.5000 0.0000 0.00 100016 Full Strapped Currency 0 0.1250 0.0000 0.00 100017 Partially Strapped Currency 0 0.1750 0.0000 0.00 100046 Box of Rolled Coins 0 1.0000 0.0000 0.00 100044 Rolled Coins 0 0.0600 0.0000 0.00 ACCOUNT RECONCILIATION SERVICES (Requires BBVA Net Cash & Positive Pay) 835 Alerts 835 BBVA eBANKING SERVICES 787 BBVA Net Cash Monthly Maintenance 4 40005Z BBVA Net Cash Customer ID Maintenance 1 7.50 7.5000 25,728.38 40005Z BBVA Net Cash Maintenance - Primary Account 1 33.00 33.0000 113,204.89 40005Z BBVA Net Cash Maintenance - Additional account(s) 2 6.60 13.2000 45,281.95 150410 eBanking Stop Payments 0 5.10 0.0000 0.00 Alerts Service 10 11021 BBVA Net Cash Alerts - per alert 10 0.15 1.5000 5,145.68 Account Transfers 10 35012Z via Net Cash Account Transfer 10 0.90 9.0000 30,874.06 Electronic Reports Services 1 Account Analysis Statement 1 - - - Online Statements Module 3 10307 BBVA Net Cash eStatements 3 1.50 4.5000 15,437.03 Image Services (per Account) 368 100741 BBVA Net Cash - Stmt Item Images Only, Monthly Maintenance 2 13.50 27.0000 92,622.18 100742 Online Image Stored 191 0.02 2.8650 9,828.24 100416 BBVA Net Cash - Returned Deposited Imaging, Maint 2 4.50 9.0000 30,874.06 100416 RDI Items/Images Reported 0 0.38 0.0000 0.00 40027Z BBVA Net Cash - Deposit Item Detail Imaging, Maint 2 10.50 21.0000 72,039.47 40027Z Dep Items Reported w/ Images 171 0.02 2.5650 8,799.11 BBVA REAL TIME POSITIVE PAY 158 BBVA Net Cash Positive Pay 79 150030 Monthly Maintenance 2 24.00 48.0000 164,661.65 150724 Check Positive Pay Exception 0 1.0000 0.0000 0.00 150121 Items 1 - 9,999 77 0.02 1.3860 4,754.61 Positive Pay Alerts 0 15072 Final PP Exception Phone 0 0.1750 0.0000 0.00 15072 Final PP Exception Email 0 0.1750 0.0000 0.00 15072 Final PP Exception Fax 0 0.1750 0.0000 0.00 15072 Final PP Exception SMS 0 0.1750 0.0000 0.00 15072 Final PP Exception Intra-day Phone 0 0.1750 0.0000 0.00
McLennan County Adult Probation 1 AFP Code SERVICES Column2 VOLUME PRICE PER ITEM TOTAL PRICE ONE TIME FEES BALANCE REQUIRED 15072 Final PP Exception Intra-day Email 0 0.1750 0.0000 0.00 15072 Final PP Exception Intra-day Fax 0 0.1750 0.0000 0.00 15072 Final PP Exception Intra-day SMS 0 0.1750 0.0000 0.00 15072 Final PP Exception Today Email 0 0.1750 0.0000 0.00 15072 Final PP Exception Today Phone 0 0.1750 0.0000 0.00 15072 Final PP Exception Today Fax 0 0.1750 0.0000 0.00 15072 Final PP Exception Today SMS 0 0.1750 0.0000 0.00 ACH SERVICES 6 ACH Authorization Services 3 250640 Monthly Maintenance 3 5.25 15.7500 54,029.61 250640 Per Item Blocked 0 0.30 0.0000 0.00 TOTAL SERVICES PERFORMED 1 289.8228 994,223.09 TOTAL ONE TIME FEES 1 -
McLennan County Adult Probation 2 H 3. (1 page)
STATE OF TEXAS COUNTY OF MCLENNAN MEMORANDUM OF UNDERSTANDING
This agreement is entered into on this ______day of May. 2021 between McLennan County, Texas, hereinafter referred to as “COUNTY”, and McLennan County Bar Association, hereinafter referred to as “BAR”. Purpose
To create an Attorney Portal to allow access to civil and criminal case information THE PARTIES AGREE AS FOLLOWS: RESPONSIBILITIES OF MCLENNAN COUNTY:
1) COUNTY will enter into an agreement with eDocTec for the creation of an Attorney Portal. The portal will provide Civil & Criminal cases with images for Authorized Attorneys, no private information will be provided. Search results will show Cause Numbers, Date Filed, Style and Status. Case Detail will show Party Information, Involvement Information and Events. Authorized Attorneys will be able to print and save images of recorded documents at no charge. 2) COUNTY will be responsible for $10,000 of the $20,000 total development and hosting fee for Year 1. 3) COUNTY will pay 100% of ongoing software maintenance beginning in Year 2. RESPONSIBILITIES OF MCLENNAN COUNTY BAR ASSOCIATION:
1) BAR will be responsible for the remaining $10,000 of the $20,000 total development and hosting fee for Year 1. 2) Payment will be due to the COUNTY within 10 days of the “Go Live” date of the portal. 3) BAR will have no responsibility for ongoing software maintenance. 4) BAR will provide the names of the Authorized Attorneys. Term and Termination:
The term of this MOU is one (1) year beginning on May ___, 2021. Executed on this ______day of May, 2021 MCLENNAN COUNTY: MCLENNAN COUNTY BAR ASSOCIATION
BY: ______BY: ______NAME: Scott M. Felton NAME: David G Tekell TITLE: McLennan County Judge TITLE: President
1 H 4. (8 pages)
STATE OF TEXAS § AMENDED MEMORANDUM OF § UNDERSTANDING BETWEEN THE CITY OF COUNTY OF § WACO, TEXAS, MCLENNAN COUNTY, AND McLENNAN WACO INDEPENDENT SCHOOL DISTRICT
This Amended Memorandum of Understanding (“MOU”) is made between the City of Waco, a Texas home rule municipality (“CITY”), McLennan County, Texas, (“COUNTY”) a county governmental entity, and Waco Independent School District (“WISD”), a school district created under the laws of the state of Texas, pursuant to the authorities granted by Texas Government Code Chapter 791, Interlocal Cooperation Act.
For and in consideration of the promises and covenants herein, CITY, COUNTY, and WISD agree as follows:
1. PURPOSE
At a tax foreclosure sale of real property, the property may be bid off to the taxing entity that requested the sale if a bid sufficient under Section 34.01 of the Property Tax Code is not received. Each taxing entity that is a party to the judgment against a property may agree to have tax foreclosed property bid off to one of the entities. The purpose of this MOU is to set forth the agreement of CITY, COUNTY, and WISD (hereafter referred to collectively as “Taxing Entities”) with respect to the management, maintenance, and sale of property that has been bid off as a result of a foreclosure of the taxes owed to the Taxing Entities. Said properties shall be referred to as “Properties” or “Property.”
2. DEFINITIONS
A. Adjudged Value: The market value set by the court in the tax foreclosure lawsuit on the date of trial. B. Affordable Housing Development by a CHDO Program: Properties that Certified Community Housing Development Organizations (CHDOs) may purchase for the development of quality affordable housing for a low- to moderate- income owner occupied residence. C. Bid Sale Program: Properties that are sold through a competitive bid process. D. Constable Tax-resale Program: Properties that are placed on McLennan County Constable public auction process in accordance with Section 34.05 of the Texas Tax Code. E. Court Costs: The costs charged by the court for the tax foreclosure suit. F. Direct Sale Program: Properties that are sold directly to a buyer. G. MCAD: McLennan County Appraisal District. H. Minimum Bid: The lowest acceptable price set for the property I. Non-Buildable Property: Narrow strips of land, or land that because of its shape, lack of access to public roads or utilities, or small area cannot be used independently under its current zoning or under applicable subdivision or other development control ordinances as determined by the City’s Planning Department. J. Targeted Housing Development Program: Properties located in non-CDBG areas or in North and East Waco as shown on the attached map that may be held Page 1 2021-Amended MOU re: Sale of Tax Foreclosed Properties for a period of two years by the City for affordable, single-family or multi-family housing development by the City on its behalf or on behalf of a Qualified Builder through a request for proposal process. K. Qualified Builder: A builder who registers with the City of Waco’s housing department as an affordable housing builder.
3. TERM
This Amended MOU shall be effective upon execution by all parties, and ending September 30, 2024, (“the Initial Term”) unless otherwise terminated earlier or extended as stated in this MOU.
4. DESIGNATION OF CITY FOR BID OFF
COUNTY and WISD designate the CITY as the taxing unit to which PROPERTY is bid off as a result of a foreclosure of the taxes owed to the Taxing Entities. The CITY takes title to the property for the use and benefit of itself, COUNTY, and WISD.
If a bid sufficient under Section 34.01 of the Property Tax Code is not received, the CITY, at its sole discretion, may terminate a sale prior to bid off if such property is deemed by CITY to be economically infeasible to administer due to various issues including, but not limited to, environmental hazards, high demolition costs, safety issues, or health risks.
5. SCOPE OF SERVICES
The CITY shall (1) maintain, preserve, and safekeep the Property; (2) market the Property for sale; and (3) sell the Property in accordance with state law, the MOU, and City of Waco Sale of City-Owned Property Policy, as may hereafter be amended.
6. SALES PROGRAMS
Upon receiving the tax foreclosed property, the CITY will send the list and a property location map of the Properties to all of the Taxing Entities who were a party to the tax foreclosed lawsuit to determine if the taxing entity would like to purchase the property for its governmental use (“Taxing Entities Purchase Program”). Taxing Entities will have 60 days to determine if the taxing entity would like to purchase the Property.
For properties purchased under the Taxing Entities Purchase Program, the Taxing Entities shall send a check payable to the City of Waco for disbursement and a description of the governmental use. Although a taxing entity may express an interest in a Property during the 60-day time period, the Property will not be transferred to the taxing entity until after the expiration of the redemptive period established by state law.
If not purchased under the Taxing Entities Purchase Program, the Property will then be available for the Targeted Housing Development Program, and then if the Property has not been placed in the Targeted Housing Development Program, it will be offered for
Page 2 2021-Amended MOU re: Sale of Tax Foreclosed Properties sale in the Affordable Housing Development by a CHDO Program. If not purchased under the above programs, the City will offer the Property for sale under the Direct Sale, Bid Sale, or Constable Tax-resale programs.
Properties may be sold under an alternative processes and prices subject to the agreement of the Taxing Entities.
7. SALES PRICE OF PROPERTY AND TIMELINE
The CITY shall sell the Property for no less than the minimum price established below:
Sales Program Minimum Sales Price Time Period for Consideration from the date of list sent to taxing entities Taxing Entities Purchase $10.00 and governmental 60 days use Targeted Housing Sold by a Request for Day 61 – Day 90 Development Proposal. The bid must contain the greater of $500.00 or court costs and a proposed development plan. Affordable Housing Greater of $500.00 or court Day 91 – Day 120 Development by a CHDO costs with a reverter clause conditioned upon the completion of the house within 2 years Direct Sale of Non-Buildable Lesser of: Beginning on Day 121 Property 1) the adjudged value; 2) 25% of MCAD value; or 3) the court costs.
Direct Sale of Buildable Lesser of: Beginning on Day 121 Property 1) the adjudged value; 2) 40% of MCAD value; or 3) the court costs with a reverter clause conditioned upon the completion of the house within 2 years.
Bid Sale 1) First Sale: 40% of Beginning on Day 121 MCAD value or Direct Sale price, whichever is less; 2) Second Sale: 15% of MCAD value;
Page 3 2021-Amended MOU re: Sale of Tax Foreclosed Properties 3) Third Sale: 5% of MCAD value; 4) Fourth Sale: $10.00 with a reverter clause conditioned upon the completion of the house within 2 years.
Constable Tax-resale 1) First Sale -- 40% of Beginning on Day 121 MCAD value or Direct Sale price, whichever is less; 2) Second Sale --15% of MCAD value; 3) Third Sale --5% of MCAD Value; 4) Fourth Sale -- $10.00 with a reverter clause conditioned upon the completion of the house within 2 years.
The City may at its discretion: 1) increase the minimum sales price to include costs of surveys or appraisals; 2) increase the minimum sales price after considering the higher market value; 3) for constable re-sales or bid sales, use the pricing for the second sale if the Property has been in the inventory of the City two or more years from the date of the recording of the deed transferring the Property to the City as trustee; 3) require a development agreement with the purchaser; and/or 4) retain any necessary easements.
Although a buyer may express an interest in a Property during the above-listed time periods, the Property will not be transferred to the buyer until after the expiration of the redemptive period established by state law.
8. Approval of Sale by Taxing Entities
If the Property is sold pursuant to this Agreement, the conveyance of the Property shall occur upon execution of the deed after approval of the sale by the City Council for the City of Waco in an open public meeting. Without any further approval, the COUNTY and WISD authorize the City Manager for the City of Waco to execute the tax resale deed on their behalf.
9. DISBURSEMENT OF SALE PROCEEDS
Once a sale has been approved by each of the Taxing Entities, the CITY, or in the instance of a Constable’s Resale the Constable and the District Clerk, shall prepare and
Page 4 2021-Amended MOU re: Sale of Tax Foreclosed Properties approve check requests to disburse sale proceeds in the following priority until the proceeds are exhausted: 1. Costs of advertising the tax sale, paid to CITY, through its tax attorney; 2. Any fees ordered by the judgment to be paid to an appointed attorney ad litem, paid to the attorney ad litem through the district clerk; 3. Costs expended by the CITY in maintaining, safekeeping, and preserving the Property after the Property is bid off to the CITY, including mowing and demolition costs, paid to the CITY; 4. Original court costs, paid to the clerk of the court; 5. Fees and commissions payable to the officer conducting the sale paid to the Sheriff’s Office; 6. Expenses incurred by a taxing unit in determining necessary parties and in procuring necessary legal descriptions of the property if those expenses were awarded to the taxing unit by the judgment, paid to CITY, through its tax attorney; 7. Taxes, penalties, interest, and attorney's fees that are due under the judgment, paid to taxing entity to who it is owed; 8. Any other amount awarded to a taxing unit under the judgment, paid to that taxing entity; and 9. Remainder distributed among Taxing Entities prorated according to their taxes.
10. RENEWAL
After the initial term, this MOU will renew for subsequent one year terms unless terminated by one of the Taxing Entities.
11. TERMINATION
After the initial term, a party may terminate this MOU by giving the other parties notice on or before May 30 of any given year; termination of the MOU shall be as of September 30th of the year in which a timely notice of termination is given.
12. RESPONSIBILITY FOR NEGLIGENT CONDUCT
The CITY, COUNTY, and WISD, including their respective employees and elected officials, agree that each shall be responsible for its own negligent acts or omissions or other tortious conduct in the course of performance of this MOU, without waiving any governmental immunity available to CITY, COUNTY, and WISD under Texas and other applicable laws, and without waiving any available defenses under Texas and other applicable laws. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities.
Page 5 2021-Amended MOU re: Sale of Tax Foreclosed Properties 13. INSURANCE
CITY, COUNTY, and WISD agree that they will at all times during the term of this MOU maintain in full force and effect insurance, or self-insurance, to the extent permitted by applicable law under a plan of self-insurance, that is also maintained in accordance with sound accounting practices. It is expressly agreed that CITY, COUNTY, and WISD will be solely responsible for all cost of their respective insurance or self insurance and solely responsible for any and all deductible amounts in any policy.
14. NOTICE
Any notice or certification required or permitted to be delivered under this MOU shall be deemed to have been given when personally delivered, or if mailed, seventy-two (72) hours after deposit of the same in the United States Mail, postage prepaid, certified, or registered, return receipt requested, properly addressed to the contact person shown at the respective addresses set forth below, or at such other addresses as shall be specified by written notice delivered in accordance herewith:
COUNTY CITY OF WACO County Judge City Manager 501 Washington Ave. P.O. Box 2570 Waco, TX 76701 Waco, TX 76702
WISD Superintendent P.O. Box 27 Waco, TX 76703
15. ENTIRE MOU AND AMENDMENT
This MOU constitutes the entire MOU between the parties and supersedes any other MOUs concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal or other alteration of this MOU shall be effective unless mutually agreed upon in writing and executed by the parties.
16. COUNTERPARTS, NUMBER/GENDER AND HEADINGS
This MOU may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Words of any gender used in this MOU shall be held and construed to include any other gender. Any words in the singular shall include the plural and vice versa, unless the context clearly requires otherwise. Headings are for the convenience of reference only and shall not be considered in any interpretation of this MOU.
Page 6 2021-Amended MOU re: Sale of Tax Foreclosed Properties 17. SEVERABILITY
If any provision of this MOU is construed to be illegal, invalid, void or unenforceable, this construction will not affect the legality or validity or any of the remaining provisions. The unenforceable or illegal provision will be deemed stricken and deleted, but the remaining provisions shall not be affected or impaired, and such remaining provisions shall remain in full force and effect.
18. FISCAL FUNDING CLAUSE
Notwithstanding any provisions contained in this MOU, the obligations of CITY, COUNTY, and WISD under this MOU are expressly contingent upon the availability of funding for each item and obligation for the term of the MOU and any pertinent extensions. Neither party shall have a right of action against the other in the event the other party is unable to fulfill its obligations under this MOU as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this MOU or failure to budget or authorize funding for this MOU during the current or future fiscal years.
19. IMMUNITY
This MOU is expressly made subject to CITY, COUNTY, and WISD’s governmental immunity, including, without limitation, Title 5 of the Texas Civil Remedies Code and all applicable state and federal Laws. The parties expressly agree that no provision of this MOU is in any way intended to constitute a waiver of any immunities from suit or from liability, or a waiver of any tort limitation, that CITY, COUNTY, and WISD has by operation of law, or otherwise. Nothing in this MOU is intended to benefit any third party beneficiary. No term or provision of this MOU is intended to, or shall, create any rights in any person, firm, corporation or other entity not a party hereto, and no such person or entity shall have any cause of action hereunder.
20. COMPLIANCE OF LAWS AND VENUE
Texas law shall govern this MOU and venue shall lie exclusively in a court of competent jurisdiction in McLennan County, Texas.
21. RELATIONSHIP OF PARTIES
CITY is an independent contractor and not an agent, servant, joint enterpriser, joint venturer or employee of COUNTY or WISD. COUNTY is an independent contractor and not an agent, servant, joint enterpriser, joint venturer or employee of CITY or WISD. WISD is an independent contractor and not an agent, servant, joint enterpriser, joint venturer or employee of CITY or COUNTY. CITY, COUNTY, and WISD agree and acknowledge that each entity shall be responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in conjunction with the performance of work covered under this MOU.
Page 7 2021-Amended MOU re: Sale of Tax Foreclosed Properties 22. SIGNATORY WARRANTY
CITY, COUNTY, and WISD represent that each has the full right, power and authority to enter and perform this MOU in accordance with all of the terms and conditions, and that the execution and delivery of MOU have been made by authorized representatives of the parties to validly and legally bind the parties to all terms, performances and provisions set forth in this MOU.
23. ASSIGNMENT
Neither party may assign their interest in this MOU without the written permission of the other party.
EXECUTED THIS ______DAY OF ______2017.
MCLENNAN COUNTY: CITY OF WACO:
______BY: ______BY: Bradley Ford, ______City Manager
WACO INDEPENDENT SCHOOL DISTRICT:
______BY: ______
Page 8 2021-Amended MOU re: Sale of Tax Foreclosed Properties H 5. (2 pages)
Ken Bass Director of Purchasing Office: (254) 757-5016 214 North 5th Street Fax: (254) 757-5068 Waco, Texas 76701 [email protected]
May 18, 2021
Re: Professional Services Agreement with HUB International
Commissioners Court,
It is time for Court consideration on our Professional Services Agreement with HUB International. The contract will soon be expiring. We are currently initiating work on a new proposal for a Third Party Administrator for our Group Health Insurance and would like to renew the agreement with HUB at this time.
We have contacted Randy McGraw with Hub International and he is willing to extend the Agreement another year at the same rate, $48,000/year. The renewal term will extend from May 18, 2021 through May 9, 2022.
Therefore, we respectfully bring before Commissioners Court the option to renew the Professional Services Agreement for another year
Sincerely, Ken Bass Director of Purchasing McLennan.County, TX
H 6. (1 page) L & M Electronics
Waco: Temple: 1700 W. Waco Drive 217 North Main Street Waco, Texas 76701 Temple, Texas 76501 254-754-4644 1-800-460-7679 1-800-460-4644 254-778-1576 Fax 254-754-4041 Fax
State License # B05925
Equipment: A MO Vista-20P MONITORING Amount: $29.95 per month AGREEMENT
This contract is for the purpose of For: McLennan County, Road & Bridge 1 authorizing L&M Electronics to provide 110 Pilgrim Lane3046 Orion Road monitoring of the listed burglar alarm Lorena, TX 76655 system and its components on a regular 254/857‐3138 basis at the fee quoted, payable to L&M Electronics. This contract can be Bill To: McLennan County cancelled at any time with no penalty. L 214 N. 4th Street, Suite 100 & M contact is Jerry @ 254/722-7221. Waco, TX 76701 Renewal from May 1, 2021 to April 30, 2022.
Zone Description / Resolution Schedule / Holidays
Special Instructions: Call McLennan County Sheriff’s Department then emergency contacts.
Emergency Contacts:
Contract: May 1, 2021 thru April 30, 2022
Authorized by: Approval Date:
______H 7. (7 pages)
May 3, 2021
McLennan County 501 Washington Avenue Waco, Texas 76701
Attention: Honorable Scott M. Felton McLennan County Judge
Regarding: Geotechnical Investigation Proposal McLennan County Precinct No. 4 Cell Tower McLennan, Texas LFE Proposal No. GEO21-056
Dear Judge Felton:
We are pleased to submit this proposal for geotechnical services for a Self-Supporting Cell Tower that will be constructed at the Precinct No. 4 Maintenance Yard. The scope of services and costs summarized in this proposal are based on information that Mr. Ken Bass emailed to our office.
Project Details The project consists of a new Self-Supporting Tower that will occupy an area of about 40-ft by 40-ft. We understand that the tower will be 300-ft in height, and will be supported with a drilled pier foundation.
From a geologic standpoint, the area is mapped in the Main Street Limestone Formation, which normally consists of about 5 to 10 feet of clay soil overlying limestone bedrock.
With the above in mind, we plan to drill one boring at the tower location to a depth of 50 feet. In general, clay soils will be sampled with push-tubes, granular soils will be sampled with standard penetration tests, and intact bedrock will be cored to obtain samples for strength testing. The depth to subsurface water will also be reported, if encountered.
Utilities and Site Access We will contact the Texas 811 system for utility locations; however, be aware that the Texas 811 system only locates buried utilities within existing public easements and right-of-ways. All on- site utilities such as water lines and any other underground features must be located by the county.
In the event that underground utility locations are not known, we can arrange for a vacuum truck to pothole at the boring locations. However, these services would constitute additional costs that are not included in this proposal.
Copyright 2021 2000 South 15th Street, Waco, Texas 76706 Page 1 of 3 Ph: 254-235-1048 www.LFEctx.com Fx: 254-235-1625
Laboratory Testing and Engineering Report
Upon completion of our field exploration, laboratory tests will be conducted in order to evaluate the classification, strength, and pavement support parameters of the predominant subsurface materials observed in the borings. The results of the field operations and lab tests will be evaluated by a Texas Licensed Professional Engineer specializing in geotechnical engineering analysis. Engineering evaluation and recommendations will be limited to providing the following services:
1. Description of field operations and laboratory tests;
2. Description of subsurface materials and conditions including boring logs;
3. Short-term groundwater observations during drilling operations;
4. Geotechnical foundation design criteria as follows:
- Suitable foundation types and depths - Allowable bearing values - Geotechnical seismic criteria
5. General earthwork and construction criteria including geotechnical material specifications.
McLennan County Supplemental Terms and Conditions Following in italics are supplemental Terms and Conditions submitted by McLennan County and hereby included in this proposal. These Supplemental Terms and Conditions supplement, supersede, replace and amend the Terms and Conditions of the Agreement to the extent of any conflict or where the matter is not addressed. 1. Any purported indemnification by the Client is deleted and rejected. Client does not agree to indemnify and hold harmless CONSULTANT from liability or damages regardless of the underlying cause. Client will be responsible for the actual costs incurred by the CONSULTANT if it encounters unanticipated hazardous materials. 2. Any provision of the Agreement purporting to set a time bar, contractual limitations period, or accrual date for claims is deleted and not accepted. 3. Any provision purporting to limit damages payable by CONSULTANT to Client to what CONSULTANT has been paid or to insurance proceeds are not accepted and shall not apply. 4. Any insurance requirements of Owner are deleted.
Copyright 2021 Offices in Waco and Harker Heights, Texas Page 2 of 3 Proposal No. GEO 21-056 Ph: 254-235-1048 www.LFEctx.com Fx: 254-235-1625
5. All policies of insurance maintained by CONSULTANT shall contain a waiver of subrogation endorsement in favor of the Client. 6. Client shall be included as an additional insured on CONSULTANT’s GCL and Auto policies.
Authorization
The services described in this proposal will be performed for a lump sum cost of $6,500. This cost will not be exceeded without prior approval from the CLIENT. LANGERMAN FOSTER will perform only those services outlined above; however, CLIENT and LANGERMAN FOSTER may subsequently agree in writing to provide additional services rendered under this AGREEMENT for additional, negotiated compensation. The above cost also assumes easy truck access to the boring locations.
If this proposal is acceptable, please sign and date the attached PROFESSIONAL SERVICES AGREEMENT and return one set via email or fax for our files. We look forward to working with you on this project. We are prepared to put the project on our drilling schedule with verbal approval of this contract pending a signature. Please call me if you have any questions.
Best Regards,
LANGERMAN FOSTER ENGINEERING COMPANY Texas Registered Engineering Firm No. F-13144
Scott M. Langerman, P.E. Principal / Geotechnical Engineer
Attachment: Professional Services Agreement
Copyright 2021 Offices in Waco and Harker Heights, Texas Page 3 of 3 Proposal No. GEO 21-056 Ph: 254-235-1048 www.LFEctx.com Fx: 254-235-1625
Professional Services Agreement
This agreement is between Langerman Foster Engineering Company, LLC (hereafter termed CONSULTANT) and the undersigned Company, or individual person if not a company (hereafter termed CLIENT). CLIENT employs CONSULTANT to provide engineering and related services in connection with the CLIENT’s project, described as follows and hereinafter referred to as THE PROJECT.
Project Description: McLennan County Precinct No. 4 Cell Tower as described in LFE Proposal No. GEO 21-056, Dated 3 May 2021
Services shall be provided in general accordance with the accompanying proposal, which is part of this Agreement.
1.0 SERVICES. CONSULTANT WILL: 1.1 Endeavor to act for CLIENT using that degree of care and skill (standard of care) ordinarily exercised by competent engineering consultants practicing in the same or similar locality of THE PROJECT site. 1.2 Perform the proposed services under the general direction of a licensed Professional Engineer. 1.3 Provide written reports in electronic format only. Additional hardcopy reports may be provided upon request at negotiated cost. 1.4 Retain pertinent records relating to the services performed for five years following submission of the report, during which period the records can be made available upon request to CLIENT during normal office hours. 1.5 Be responsible for the safe conduct only of CONSULTANT’s employees on the site, but not for the safe conduct or safety of any others. 1.6 Retain samples for a period of no longer than 30 days after issuing any document that includes the data obtained from the samples. 1.7 Contact the Texas 811 system for utility locations; however, be aware that the Texas 811 system only locates buried utilities within existing public easements and right-of-ways. All private on-site utilities such as irrigation lines, fire lines, electric lines, gas lines, and any other underground features (if any) must be located at the site and clearly marked by CLIENT. We can provide names of private utility locaters that CLIENT can retain directly for these services. CONSULTANT will not be responsible for damages to any underground utilities that are not located and clearly marked at the site by CLIENT.
2.0 CLIENT’S RESPONSIBILITIES. CLIENT WILL: 2.1 Provide CONSULTANT full information regarding the project for the proper performance of CONSULTANT, including hardcopies or electronic copies of the most recent plans and specifications, addenda, change orders, and other such information. 2.2 Furnish right of entry onto THE PROJECT site for CONSULTANT or CONSULTANT’S representatives to provide CONSULTANT’s services. 2.3 Inform the CONSULTANT of the presence or suspected presence of hazardous materials, agreeing to the conditions set forth in 7.1 through 7.4 herein. 2.4 Promptly inform CONSULTANT of any actual or suspected defects in CONSULTANT’s services, to help CONSULTANT take corrective measures that in CONSULTANT’s opinion will help minimize the consequences of any such defect. 2.5 Use the research methods agreed to by the American Society of Civil Engineers, American Institute of Architects, and others as published in the document Recommended Practice for Design Professionals Engages as Experts in the Resolution of Construction Industry Disputes to define the Standard of Care referenced in 1.1. 2.6 Be responsible for jobsite safety, except CONSULTANT shall be responsible for safety of CONSULTANT’s employees. 2.7 Be responsible for all permits and approvals necessary for CONSULTANT’S services, unless CONSULTANT assumes this responsibility in the Proposal.
3.0 GENERAL CONDITIONS: 3.1 By the performance of the herein described services, CONSULTANT does not in any way assume, change, or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT customarily vested in THE PROJECT architects, design engineers, or other design agencies or authorities. 3.2 CONSULTANT is not responsible for acts or omissions of other parties involved in THE PROJECT or the failure of any contractor or subcontractor to construct any item of THE PROJECT in accordance with the CONSULTANT’s recommendations.
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3.3 This Agreement may be terminated by either party upon receipt of written notice by the other party or by mutual agreement. CONSULTANT shall be paid in full for services performed to the termination date, including services required to properly terminate CONSULTANT’s project involvement. CLIENT can be provided, upon request and for appropriate compensation, a report of services completed prior to termination. 3.4 Neither CLIENT nor CONSULTANT may transfer duties or interest in the Agreement without the written consent of the other party. 3.5 If during the course of the performance of this agreement, conditions or circumstances are discovered, which were not contemplated by CONSULTANT at the commencement of this agreement, CONSULTANT shall notify CLIENT of the newly discovered conditions or circumstances and CLIENT and CONSULTANT shall renegotiate, in good faith, the terms and conditions of this Agreement. If amended terms and conditions cannot be agreed upon within thirty (30) days after notice, CONSULTANT may terminate this Agreement and CONSULTANT shall be paid for its services through the date of termination. 3.6 Neither party shall be liable for failure to fulfill its obligations if affected by causes beyond its control, such as Force Majeure. Force Majeure includes, but is not limited to, acts of God; acts of legislative, administrative, or judicial entity; acts of CLIENT’S separate contractors and consultants; wars; fires; floods; labor disturbances; and unusually severe or unanticipated weather.
4.0 CONSIDERATIONS FOR GEOTECHNICAL ENGINEERING SERVICES: 4.1 CLIENT shall provide CONSULTANT full information regarding the structure(s) to be constructed on THE PROJECT site, magnitudes and configurations of foundation loads, permissible settlements, planned cuts and fills, proximity to adjacent structures, and other information for the proper performance of CONSULTANT. 4.2 Be aware that heavy equipment will likely be used to conduct the field operations and that such equipment use generally results in some alteration of existing conditions. CLIENT agrees to hold harmless CONSULTANT for such alteration. CONSULTANT will attempt to limit such alteration but will not restore the site to its original condition unless a separate agreement is made for such restoration at additional cost prior to such alteration. 4.3 CLIENT shall be responsible for locating buried utilities and other man-made objects, furnishing CONSULTANT with this information, approving the subsurface penetration locations with respect to such information, and for the consequences of such being damaged during CONSULTANT’s subsurface investigations whenever the location of the damaged structures was not identified with sufficient accuracy for the CONSULTANT. Further, CLIENT agrees to protect and defend CONSULTANT from any claim or liability arising from such damage, including compensating CONSULTANT for time and expenses incurred in defense of such claim. Although CONSULTANT shall notify authorities as required by law before penetrating the ground to reduce the chance of encountering manmade objects below ground, and shall penetrate the ground only at locations indicated by others as free of man-made objects, subsurface objects may still be encountered and even damaged. 4.4 CLIENT understands that the education, experience, expertise, and capabilities of those who provide geotechnical engineering services and those who provide geo-environmental services differ significantly. Those involved with a geotechnical engineering project may not notice indications of environmental concerns, and if they do, they may not report them. Accordingly, CLIENT shall, to the fullest extent permitted by law, waive any claim against CONSULTANT and indemnify, defend, and hold CONSULTANT harmless from any claim or liability for injury or loss arising from CONSULTANT’S alleged failure to report or report fully on environmental issues in instruments of geotechnical services. CLIENT also shall compensate CONSULTANT for any time spent or expenses incurred by CONSULTANT in defense of any such claim. Such compensation shall be based upon CONSULTANT’S prevailing fee schedule and expense reimbursement procedures. The term “any claim” used in this provision means “any claim in contract, tort, or statute alleging negligence, errors, omissions, strict liability, statutory liability, breach of contract, breach of warranty, negligent misrepresentation, or other acts giving rise to liability.
5.0 INSURANCE AND LIMITATION OF LIABILITY: 5.1 CONSULTANT shall have insurance to protect CONSULTANT from claims against CONSULTANT for accidental bodily injury, death or property damage as may arise from the performance of services made under this agreement. CONSULTANT will provide proof of such insurance to CLIENT upon CLIENT’s request. 5.2 To the fullest extent permitted by law, the total liability of CONSULTANT arising out of or related to this Agreement, whether based in contract or tort, shall be limited to $50,000 or the amount of compensation received for services, whichever is greater. This limitation of liability shall apply to any and all claims, no matter how pleaded, including but not limited to, claims for errors and omissions, breach of contract, negligence, or breach of fiduciary duty and applies to all phases of services performed under this Agreement. Greater amounts of coverage can be provided at additional cost to be negotiated with the CLIENT and agreed to in writing. CLIENT agrees this limitation of liability extends to those individuals and organizations CONSULTANT
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retains for execution of its services, including CONSULTANT’s officers, employees, their heirs and assigns, agents, subconsultants, and subcontractors. 5.3 CLIENT agrees that any claim for damages filed against CONSULTANT will be filed solely against CONSULTANT or its successors or assigns, and that no individual person shall be made personally liable for damages, in whole or in part. 5.4 Neither party shall be responsible to the other for any special, incidental, indirect, exemplary, punitive, penal, nor consequential damages (including lost profits) incurred by either CONSULTANT or CLIENT or for which either party may be liable to any third party.
6.0 CONFIDENTIALITY: 6.1 All reports and/or information derived as part of CONSULTANT’s services are and shall remain the property of the CONSULTANT. 6.2 The CONSULTANT agrees to consider all reports confidential, and will distribute reports only to those persons or entities so directed by the CLIENT with the exceptions noted in Article 6.3 and 6.4. 6.3 Any information derived as part of CONSULTANT’s services may be released to government authorities when a public safety hazard is perceived to exist, when required by law, and to the necessary parties when CONSULTANT must protect itself from civil claims. 6.4 Information obtained from CONSULTANT’s services may be used by CONSULTANT for technical studies and presentations intended to advance the art and science of engineering, while preserving CLIENT confidentiality. 6.5 The CONSULTANT’s reports, findings, and recommendations are for the CLIENT’S sole use and shall not be transferred or sold to others without the knowledge and consent of the CONSULTANT.
7.0 UNANTICIPATED HAZARDOUS MATERIALS AND CONDITIONS: 7.1 The CLIENT understands that hazardous materials or conditions on or beneath the surface of a site create extraordinary risks for CONSULTANT including the need for precautions to protect the health and safety of its personnel and to comply with applicable laws and regulations. 7.2 CLIENT agrees that the notification to CONSULTANT of known or the discovery by CONSULTANT of unanticipated, hazardous materials or conditions constitutes a changed condition mandating a renegotiation of the scope of work for THE PROJECT or termination of services. 7.3 The discovery of unanticipated hazardous materials or conditions may result in a significant reduction of the CLIENT’s property value or the OWNER’s value if THE PROJECT site is owned by others. Since the CONSULTANT is in no way responsible for the presence of these unanticipated materials or conditions, CLIENT agrees to waive any claim against CONSULTANT and agrees to defend, indemnify, and hold harmless CONSULTANT from any claim or liability for injury, loss, or damages arising from the referenced discovery. 7.4 CLIENT agrees to pay CONSULTANT for costs incurred by CONSULTANT related to encountering unanticipated hazardous materials and conditions.
8.0 PAYMENT: 8.1 Invoices will be provided in electronic format based on the proposal and/or attached fee schedule. Invoices will be presented at the project completion or monthly and are due in full upon receipt. Invoices are past due net 15 days. CONSULTANT shall be notified within 15 days of receiving an invoice if CLIENT disputes the invoice, but CLIENT shall pay the portion of the invoice that is not in dispute within the usual time frame. CLIENT agrees to pay CONSULTANT late charges of one and one-half (1½) percent per month, or up to the legal limit if less, on the unpaid balance. 8.2 CLIENT agrees that invoices will be paid without requiring any other signings, documents, or representations except for the reports stated in Article 1.3, unless agreed to in writing prior to CONSULTANT providing services. 8.3 CLIENT agrees to pay CONSULTANT regardless of whether CLIENT is expecting, has received, or has not received payment from others for the Project.
9.0 EXTENT OF AGREEMENT AND APPLICABLE LAW: 9.1 The Agreement, including these terms and conditions, represents the entire agreement between CLIENT and CONSULTANT and supersedes all prior negotiations, representations, or agreements, written or oral. The agreement may be amended only by written instrument signed by CLIENT and CONSULTANT. 9.2 The Agreement shall be governed by the laws of the State of Texas. Any disputes arising from this agreement shall be performed in McLennan County, Texas and the CLIENT agrees to waive the right to sue elsewhere.
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9.3 If any part of this Agreement is deemed invalid in a court of law or otherwise, all remaining parts shall remain in force. 9.4 Unless previously accepted in writing, this Agreement is withdrawn automatically on the 30th day after issue, but may be accepted thereafter by CONSULTANT at its discretion.
This agreement is entered into by the undersigned on behalf of the company noted, or in the case of a CLIENT who is an individual, then by the signature of that individual. When signing for a company, the person signing below attests that they are authorized to act on behalf of that Company.
CLIENT: MCLENNAN COUNTY PROJECT: MCLENNAN COUNTY SPECIALTY COURT, LFE PROPOSAL NO. GEO18-155R1 Client Representative Name and Phone: Honorable Scott M. Felton Ph: 254/757-5049 Signature: Date:
Title: McLennan County Judge Client Company Name (full legal name): McLennan County, Texas Email Address for Receiving Reports, Invoices, and other Communications: [email protected] Physical Address: 501 Washington Avenue, Room 214, Waco, Texas 76701
CONSULTANT: LANGERMAN FOSTER ENGINEERING COMPANY, LLC Printed Name: Scott Langerman, P.E. Signature: Date: 3 May 2021
Title: Principal
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HOT Solutions P.O. Box 417 Elm Mott, TX 76640
Phone: (254) 227-3340 Date: 5/10/2021 Fax: (254) 822-8004 hotsolutions1995@aol .com
To: Mclennan Co. Pree. 2 Road & Bridge Owner Phone 2325 Battle Rd Mart, TX 76664
City of Waco Environmental
County: McLennan ·start: �,20,2021 l Total Fee: .- $25_!).0Q] Permit: 9007 End: 5/20/2022 Site: 2325 Battle Rd Mart, TX 76664 Dear Customer,
This letter is to inform you that your SERVICE contract for your aerobic septic system is due to expire on the above date and must be submitted to the Authorized Agency 30 days before expiration.
Enclosed please find a new contract for your signature. Please return it to me with your payment due. Also please verify your address and phone number as listed above and notify me of any corrections.
A completed contract will be sent back to you, and, one will be forwarded to the authorizing agency.
If you have any questions, please call me at (254) 227-3340. Thank you in advance for your cooperation in expediting this matter.
Sincerely, HOT Solutions P.O. Box 417 Elm Mott, TX 76640
Phone: (254) 227-3340 Date: 5/10/2021 f'.ax: (254) 822-8004 / [email protected] Permit#: 9007 To: McLennan Co. Pree. 2 Road & Bridge 2325 Battle Rd Contract Period ---� Mart, TX 76664 StartDate: 5/20/2021 End Date: 5/20/2022
Phone: Subdivision: Site: 2325 Battle Rd, Mart,TX 76664 County: Mclennan HOT Solutions Installer: Blasingame Constructlon and Inspections 3 visits per year• one every 4 months Agency: City of Waco Environmental Mfg/Brand: Hoot / Hoot Map Key: ID: 21
This is to Certify that the above COMMERCIAL sewage system has a RENEWED inspections agreement per Texas Commission on Environmental Quality (TCEQ) standards for on site sewerage facilities as required.
Inspection reports by the above service company will be filed with the authorized agency as required by the TCEQ regulations. A weather proof tag or label will be attached to the system showing the month that each inspection was made.
Items included on the Inspection Report generally include aerators, filters, irrigation pump, air compressor, disinfection device, chlorine supply, OK System light. spray field vegetation, probe, sprinkler or drip backwash.
We will visit your site within 72 hours of you notifying us of a problem.
Ricky Paul and Vickie Glatter are certified by the manufacturer of your system.
The air filter will be cleaned at each visit.
This agreement does not include the cost of repairs or having the system pumped.
This agreement does include the cost of chlorine.
Home Owner: ______Date: [email protected] 254-757-5162 E-Mail Address: [email protected] Phone:
Certified Inspector: Date: �- H 9. (3 pages) J1' AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT CONTRACTID CODE PAGE OF PAGES I 3 2. 1 I appJics/Jle) AMENDtlENTIMODIFICATION NO. 3. EFFECTIVEDATE 4. REQUISITION/PURCHASEREQ. NO. PROJECTNO. (If POOOOl See Block 16C 192121FA000000010.l 15. 6. ISSUEDBY CODE 70CDCR 7. ADMINISTERED BY (lfOlberthan119m ) 6 cone l1cE/OCR DETENTION COMPLIANCE AND REMOVALS ICEDETENTION COMPLIANCE REMOVALS US IMMIGRATION AND CUSTOMS ENFORCEMENT IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF ACQUISITION MANAGEMENT OFFICE OF ACQUISITION MANAGEMENT 801 I ST NW RM 900 801 I STREET NW SUITE 930 WASHINGTON DC 20536 WASHINGTON DC 20536
8. NAME AND ADDRESS OF CONmACTORpvo., sltNI, munly.lllat9andZIPCOde J � 9llAMENDMEN T OF SOLICITATIONNO. MC LENNAN COUNTY OF (SEEITEM 11) ATTN REGAN COPELAND 98. DATED 2 15 NORTH 5TH STE 226 w ACO TX 767011364 X 80-10-0033,1DA.MODIFICATION OF CONTRACT/ORDERNO. 70CDCR20FIGR00101 (SEE l1EM 13) 108.DATED CODE 0216190850000 FACILITYCODE 02/21/2020 11. ITEM T1iIS ONLY APPLIES10 AMENDMENTII DF SOLICITATIONS above solicitationia amended in Item 1-4. Thehou- and date forreceipt extended. not D Tha mus\numbered recaipt of !hisamendment as 881prior forthto hour specified inspecified thesoicilatian or asd anendedOffers , one Dis melhocls:(a) Dia By completing axtended. Offer11Items 8 acknowledge15, copies theIhaamendm� and dale By acknowledging amandmuntby on eachof lhe foUowlng offeraubmittad: or (c) By separateand orandteteiJam rellming which includes ___a _ therJfsolicilal!on amendment ax! (b) rec:eiplof OFthis copyof the letter l1lfarenceto numbers. FAILURE YOUR ACKNOWLEDGEMENTIN TO BE RECEIVEDAT virlullTHE PLACE thisamendment DESIGNATED you FOR desire THE changeRECEl'Tan OF OFFERSalready" PRIORaubmllled TO , lliEsuchHOUR ANDmay DATE bemade SPECIFIED MAYor RESULT REJECTIONeachtelegram OF YOURor IBl!er OFFERmaka6 If b)I referenceof solicitation this amendla ment andalfBr is receivedpjor change by lelBgram letter, provided tothe and to thecpe ninghour datamet specifllld. 12.ACCOUNTINGANDAPPROPRIATIONDATA(ffrequinld} Net Decrease: -$6, 360.18 See Schedule 13. THISITEM ONLYAPPUES TO MODIFICATION OF CONTRACTS/ORDERS, IT MODIFIESTHE CONTRACT/ORDERNO. AS DESCRIBEDIN ITEM14. CHECKONE � ITEM1-4 ARE A. b��� m�Ef� ISSUED PURSUANTTO: (Specifyeuthority) THE CHANGES SET FORTHIN MADEIN 11iE CONTllACT
B. THE ABOVE NUMBERED CONTRACT/ORDERITEM14, IS MODIFIEOTO REFLECT THE ADMINISTRATIVE43.103(b).CHANGES ( suoh chanas QBSIn pa yingotrtca, 8/JP/OpnationdatB , ale.) SET FORTH IN PURSUANT TO lliEAUTHORITY OF FAR
C. THIS SUPPLEMENTALAGREEMENTIS ENTEREDINTO PURSUANTTO AUTHORITYOF:
D. OTttER (Specifytype ol mocim;atlOn and autholiry) X FAR 4.804, Contract Closeout E. Contractar not. is requiredto sign this documentand ratum Ihaissuing office. IMPORTANT: Dis !!I 1 copies to by 14. DESCRIPTIONOF AMENDMEN17MODIFICATION( Otganiud UCF section, headings Including� subjectmatter whe,e feasibla. ) DUNS Number: 021619085
CONTRACTING OFFICER'S REPRESENTATIVE (COR): Richard Edge, (210) 283-4478 [email protected]
CONTRACTING OFFICER {CO): Brandon Harrell, (202)732-2512 [email protected]
CONTRACT SPECIALIST: Continued ... except as providedherein, terms conditionsof the document Item 9or A 10A,as heralolo!a remainsunchanged and in fuU and changed 15A. AND all and rafaranced in 16A. NAME AND , CONlRACTING force afl"ect. NAME mLE OF SIGNER(ly pe orpri nt) IAN SOMPPITITLE OF OFFICER (TJ'l)8or print)
TEL: 202-732-1066 EMAIL: [email protected] 15C. DATESIGNED ..I 5/i-s/i., 7540-01-152-8070 NSN editionunu,abla STANDARD FORM30 (REV. 10-83) Previous PrelcribadGSA by FAR (48 CFR) 53.243
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H 12. (3 pages)
I 2. (3 pages)
By Zane W Dunnam, PE, RPLS at 10:01 am, May 07, 2021
J 1.b (1 page) McCREARY, VESELKA, BRAGG & ALLE , P.C. ATTORNEYS AT LAW th ROBERT l. MEYERS, 100 N. 6 Street, Suite 602 TELE. 254-756-7755 Waco, Texas76701 FAX.254-756-0333 ATTORNEI' AT LAW P.O. Box 1669 e-mail: [email protected] www. mvbalaw.com WACO, TX 76703-1669
April 30, 2021
Mr. Charles Brady Linebarger, Goggan, Blair & Sampson, LLP 400 Austin A venue, Suite 105 Waco, Texas 76701
Re: 301 Fourth Street, Eddy, Texas Lots Al0, 11 and 12, Block 7 Kincannon, Eddy, Texas Tax Account: 160285000021008
Dear Mr. Brady:
The City of Bruceville-Eddy respectfully declines the offerfrom Thulasi Enterprises to purchase the above referencedproperty. The City had expended fundsto demolish a substandard structure on the property that had become a public nuisance. The City had intended to acquire this property in order to build a park that would benefit the residents in the immediately vicinity of the property.
The City is requesting that McLennan County and the Bruceville-Eddy Independent School District consider conveying their undivided interests in the subject property to the City so that it can go forwardwith the park project. If the County and the School District are agreeable, I will prepare a deed foreach to execute conveying their interests to the City.
Should the County or the School District have any questions about the City's request or the status of the property, please let me know. The City will be glad to respond to any inquires that they may have. I am returning the deed that you had sent for the City to execute.
Sincerely,
Robert L. Meyers
cc: Ms. Sonya Bishop, City Administrator, City of Bruceville-Eddy, Texas
ROUND ROCK ABILENE DENTO GEORGETOWN LONGVIEW K 2.a (3 pages) Community Services P.O. Box 2570 Waco, Texas 76702-2570 254 / 750-5656 Fax: 254 / 750-5604
April 29, 2021
Frances Bartlett County Auditor – McLennan County 214 N 4th St, Suite 100 Waco TX 76701-1366
Dear Frances,
Attached is the March 2021 billing for the McLennan County Emergency Rental Assistance (MCERA) program in the amount of $194,692.86.
If you have any questions regarding this billing, please feel free to contact myself or the program supervisors: Priscilla Ard or Zina Pew.
Sincerely,
Raynesha Hudnell Interim Director
copy: McLennan County – Auditors Office: [email protected] McLennan County Emergency Rental Assistance Program 4/30/21
Below is a weekly summary of the McLennan County Emergency Rental Assistance Program. If you have any questions regarding the information please contact me.
1. McLennan County Emergency Rental Assistance Program a. 144 active cases are currently being reviewed by staff. This number includes the following categories. i. Application Submitted – 3 ii. Processor Assigned – 66 iii. Incomplete – 69 iv. Team Lead Review – 5 v. Managers Approval – 1 b. 81 applications processed to‐date totaling $361,553.13 i. Rent Distribution – 81 ii. Utility Distribution Only ‐ 0 iii. Bundle Assistance – 28 (28 of 81 funded for utility and rental) iv. Fiscal Disbursement – 14 ($67,288.24 not included in the amount of disbursed funds. This total will be included in disbursed funds next week.) c. Funding Request i. Rent & Utility ‐ $496,831 ii. Average Request ‐ $2,497 d. Prevented 31 families from being evicted. e. Three applications in the pipeline to be paid next week.
Kindly, Raynesha R. Hudnell Compliance Manager City of Waco Community Services Department P.O. Box 2570 Waco, Texas 76702 Office: 254‐750‐5601
McLennan County Emergency Rental Assistance Program 5/7/21
Below is a weekly summary of the McLennan County Emergency Rental Assistance Program. If you have any questions regarding the information please contact me.
1.) McLennan County Emergency Rental Assistance Program a. 145 active cases are currently being reviewed by staff. This number includes the following categories. i. Application Submitted – 3 ii. Processor Assigned – 59 iii. Incomplete – 75 iv. Team Lead Review – 6 v. Managers Approval – 2 b. 87 applications processed to‐date totaling $387,389.08 i. Rent Distribution – 87 ii. Utility Distribution Only ‐ 0 iii. Bundle Assistance – 31 (31 of 87 funded for utility and rental) iv. Fiscal Disbursement – 9 ($52,890.20 not included in the amount of disbursed funds. This total will be included in disbursed funds next week.) c. Funding Request i. Rent & Utility ‐ $479,277 ii. Average Request ‐ $2,373.00 d. Prevented 35 families from being evicted. e. Six applications in the pipeline to be paid next week.
Kindly, Raynesha R. Hudnell Compliance Manager City of Waco Community Services Department P.O. Box 2570 Waco, Texas 76702 Office: 254‐750‐5601
K 2.b (5 pages) U.S. DEPARTMENT OF THE TREASURY EMERGENCY RENTAL ASSISTANCE
Eligible grantee name and address: DUNS Number:. oz.- l Section 3201(a) of the American Rescue Plan Act of 2021, Pub. L. No. 117-2 (March 11, 2021), authorizes the Department of the Treasury (''Treasury'') to make payments to certain eligible grantees to be used to provide emergency rental assistance. The eligible grantee hereby agrees, as a condition to receiving such payment fromTreasury, to the :r:,:;JSin� Authorized Representative Signature (above) [To be signed by chief executive officer if recipient is a local government.] Authorized Representative Name: -·����- m_. _feu�_ro_N______Authorized Representative Title: -�...Crud � � •�-J_·uax; ��� ------Date signed: __5 �/,_7_f_1,.___I _ U.S. Departmentof the Treasury: Authorized Representative: Title: Date: PAPERWORK REDUCTION ACT NOTICE:The information collected will be used for the U.S. Governmentto process requests for support.The estimated burden associated withthis collection of information is 15 minutes per response. Comments concerningthe accuracy ofthis burden estimate and suggestions for reducing this burden should be directed to the Officeof Privacy, Transparency and Records, Departmentof the Treasury, 1500 Pennsylvania Ave., N.W., Washington,D.C. 20220. DO NOT send the formto thisaddress. An agency may not conduct or sponsor, and a person is not required to respond to, a collection ofinformation unless it displays a valid controlnumber assigned by 0MB. PRIVACY ACT STATEMENT AUTHORITY: Solicitation ofthis informationis authorized by the American Rescue Plan Act of2021, Title III, Pub. L. No. 117-2. PURPOSE: Treasury is required by the AmericanRescue Plan Act of2021 to identifyeligible grantees/recipientsto provide emergency rental assistance to individuals who qualifyfor relief under the Act. Eligible grantees/recipientsare state, local, and territorial governmentswhich identify households requiring relief according to requirements contained in the Act. Treasury maintains contact informationfor authorized representatives and contact persons forthe purpose of communicating with eligible grantees regarding issues related to implementationof the Act. ROUTINE USES: The informationyou furnish may be shared in accordance with theroutine uses outlined in the Treasury's system ofrecords notice, Treasury.017 - Correspondence and Contact Information, which can be foundat 81 FR 78266 (Nov. 7, 2016). DISCLOSURE: Disclosure ofthis information to Treasury is required in order to comply with the requirements the American Rescue Plan Act of 2021. Disclosure ofthis informationis voluntary, however, grantees/recipients that do not disclose contact informationwill be unable to communicate with Treasury on issues related to their obligations under the Act and this may affect the status of their award. K 3. (1 page) Scott M. Felton McLENNAN COUNTY JUDGE 501 Washington Ave., Room 214 * Waco, Texas 76701 * Phone No. 254-757-5049 * Fax No. 254-757-5196 May 18, 2021 Texas Indigent Defense Commission Re: McLennan County Mental Health Managed Assigned Counsel Grant (212-21-D17) To Whom it May Concern: Part 1 We would like to request an adjustment to the budget for the Mental Health Managed Counsel Program awarded to McLennan County (Grant Number 212-21-D17). Below are the changes requested for the current year. Original Budget Change Adjusted Budget 1. Personnel – Salaries $133,000.00 $7,000.00 $140,000.00 * 2. Fringe Benefits $46,550.00 $2,450.00 $49,000.00 * 3. Travel and Training $21,000.00 (9,450.00) $11,550.00 * 4. Equipment $9,800.00 ($1,200.00) $8,600.00 ** 5. Supplies $1,250.00 - $1,250.00 6. Contract Services - $1,200.00 $1,200.00 ** Total Proposed Costs $211,600.00 - $211,600.00 * Increase Salary and Fringe Benefits of the Case Manager position so the annual salary is $45,000. This is an increase of $7,000 in Salaries and $2,450 in Fringe Benefits. Decrease of $9,450 in Travel and Training to cover this cost. **Move $1,200 from the Equipment line to the Contract Services line for the monthly cost of cell phone service for the two employees. Part 2 Also, we would like for the Commission to consider increasing our total Grant award for subsequent years to $221,050 to include the increased Salary and Fringe Benefits for the Case Manager position and $21,000 for Travel and Training. We appreciate your consideration. Respectfully, Judge Scott Felton McLennan County Judge K 4. (9 pages) McLennan County, Texas Title IV-E Legal Assistance Claim For the quarter ended December 31, 2020 Based on Actual Expenses Form 4116 Legal PURCHASE VOUCHER FFY 2019 to FFY 2025 last updated 1/26/21 1. Active Reference Number 2. Agency Number 3. Agency Name 4. Current Document Number 530 TEXAS DEPT OF FAMILY AND PROTECTIVE SERVICES 5. Eff./Submission Date 6. Order (document) Date 7. Due Date 8. Type of Submission 4/28/21 Original 9. Taxpayer Identification Number (11 digits) 10. PDT 11. PCC 12. Requisition Number 13. Document Amount 17460024924 MAIL CODE: 019 $ 51,043.86 14. Payee Name/Address 15. GSC Order Number 17. AGENCY USE MCLENNAN COUNTY 16. Lease Number 219 N 6th St Ste 200 Waco, TX 76701-1363 18. Ref Doc SFX M TC Index PCA AY COBJ AOBJ Amount R 03050 FY21 7672 7672BN $ 10,555.35 SFX APPN Fund NACUBO Sub-Fund Grant Number Grant Year/Phase Project Number Project Phase Contract Number Multipurpose Code 1005FCA HHS000285100008 001 Invoice Number Description AGENCY USE (Month of Service,R/D,PAC,and APD No must be completed on all FPS 4116-X) (End Mo. of Ser.) REG/DIV PAC APD No. Title IV-E Administration Legal Services Dec-20 00FCP000 27100 18. Ref Doc SFX M TC Index PCA AY COBJ AOBJ Amount R 03050 FY21 7672 767201 $ - SFX APPN Fund NACUBO Sub-Fund Grant Number Grant Year/Phase Project Number Project Phase Contract Number Multipurpose Code 1006FCT HHS000285100008 003 Invoice Number Description AGENCY USE (Month of Service,R/D,PAC,and APD No must be completed on all FPS 4116-X) (End Mo. of Ser.) REG/DIV PAC APD No. Title IV-E Training (75%) Legal Services Dec-20 00FCP000 27100 18. Ref Doc SFX M TC Index PCA AY COBJ AOBJ Amount R 03050 FY21 7672 767277 $ - SFX APPN Fund NACUBO Sub-Fund Grant Number Grant Year/Phase Project Number Project Phase Contract Number Multipurpose Code 1006FCT HHS000285100008 003 Invoice Number Description AGENCY USE (Month of Service,R/D,PAC,and APD No must be completed on all FPS 4116-X) (End Mo. of Ser.) REG/DIV PAC APD No. Title IV-E Training (50%) Legal Services Dec-20 00FCP000 27100 18. Ref Doc SFX M TC Index PCA AY COBJ AOBJ Amount R 03050 FY21 7672 7672CE $ 3,373.67 SFX APPN Fund NACUBO Sub-Fund Grant Number Grant Year/Phase Project Number Project Phase Contract Number Multipurpose Code 1005FCA HHS000285100008 002 Invoice Number Description AGENCY USE (Month of Service,R/D,PAC,and APD No must be completed on all FPS 4116-X) (End Mo. of Ser.) REG/DIV PAC APD No. Title IV-E Indirect Administration Legal Services Dec-20 00FCP000 27100 18. Ref Doc SFX M TC Index PCA AY COBJ AOBJ Amount R 03050 FY21 7672 7672GT $ 37,114.84 SFX APPN Fund NACUBO Sub-Fund Grant Number Grant Year/Phase Project Number Project Phase Contract Number Multipurpose Code 1005FCA HHS000285100008 004 Invoice Number Description AGENCY USE (Month of Service,R/D,PAC,and APD No must be completed on all FPS 4116-X) (End Mo. of Ser.) REG/DIV PAC APD No. Title IV-E Other Administration - Independent Legal Representation Dec-20 00FCP000 27100 19. SER/DEL DATE 20. DESCRIPTION OF GOODS OR SERVICES Oct - Dec NA 21. TOTAL County Legal Services: Administration and Training for services rendered to foster care children under the provisions of Title IV-E (Sections 471-476) of the Social Security Act (42 USC Sections 671-676) and Chapter 40 of the Human Resources Months of Service Code. 10/20 thru 12/20 Total Title IV-E Allowable Administration Legal Services $ 21,110.70 $ - (mm/yy thru mm/yy) (Certified State Match) $ 10,555.35 $ - Total Federal Reimbursement (50% FFP) $ 10,555.35 $ - $ 10,555.35 Quarter and FY Total Title IV-E Allowable Training (75%) Legal Services $ - $ - 1QFY21 (Certified State Match) $ - $ - Total Federal Reimbursement of Training Cost $ - $ - $ - Total Title IV-E Allowable Training (50%) Legal Services $ - $ - (Certified State Match) $ - $ - Total Federal Reimbursement of Training Cost $ - $ - $ - Title IV-E Indirect Administration Legal Services $ 6,747.34 $ - (Certified State Match) $ 3,373.67 $ - Total Federal Reimbursement (50% FFP) $ 3,373.67 $ - $ 3,373.67 Title IV-E Other Administration - Independent Legal Representation $ 74,229.68 $ - (Certified State Match) $ 37,114.84 $ - Total Federal Reimbursement of Training Cost $ 37,114.84 $ - $ 37,114.84 Total Certified State Match $ 51,043.86 $ - Total Federal Reimbursement to County $ 51,043.86 $ - $ 51,043.86 Vendor Certification GSC Approval X X Title of Vendor Certifying Form Phone (Area Code and Number) Scott Felton, County Judge (254) 757-5000 24. Contractor Contact Name Phone (Area Code and Number) 25. Entered By Katie Kokes (254) 757-5156 26. I approved this voucher for payment. The above goods or services correspond in every particular with the contract under which they were purchased. The invoice for the goods or services is correct. This payment complies with the General Appropriations Act. Subrecipient Certification Signatory: The following applies to state and federal funds: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." Mail Code Phone (Area Code and Number) Date APPROVED (Sign Here): Contract Technician (Print Name Here): Ardell Ray 165 512-834-3353 Mail Code Phone (Area Code and Number) Date APPROVED (Sign Here): Contract Technician (Print Name Here): Tim Fadell 165 512-834-3240 STATE OF TEXAS PURCHASE VOUCHER CONTINUATION Form 4116 Legal Page 2 of 2 (Shaded Areas Are Not Used By Agency 530) last updated 1/26/21 1. Doc. Agency 2. Current Document Number Shaded Areas Not Used by Agency 530 18 Ref Doc SFX M TC Index PCA AY COBJ AOBJ AMOUNT R 03050 NA 7672 7672BN - SFX APPN Fund NACUBO Sub-Fund Grant Number Grant Year/Phase Project Number Project Phase Contract Number Multipurpose Code 1005FCA HHS000285100008 Invoice Number Description AGENCY USE (Month of Service,R/D,PAC,and APD No must be completed on all FPS 4116-X) MM/YY (Mo. of Ser.) REG/DIV PAC APD No. Title IV-E Administration Legal Services NA 00FCP000 27100 18 Ref Doc SFX M TC Index PCA AY COBJ AOBJ AMOUNT R 03050 NA 7672 767201 - SFX APPN Fund NACUBO Sub-Fund Grant Number Grant Year/Phase Project Number Project Phase Contract Number Multipurpose Code 1006FCT HHS000285100008 Invoice Number Description AGENCY USE (Month of Service,R/D,PAC,and APD No must be completed on all FPS 4116-X) MM/YY (Mo. of Ser.) REG/DIV PAC APD No. Title IV-E Training (75%) Legal Services NA 00FCP000 27100 18 Ref Doc SFX M TC Index PCA AY COBJ AOBJ AMOUNT R 03050 NA 7672 767277 - SFX APPN Fund NACUBO Sub-Fund Grant Number Grant Year/Phase Project Number Project Phase Contract Number Multipurpose Code 1006FCT HHS000285100008 Invoice Number Description AGENCY USE (Month of Service,R/D,PAC,and APD No must be completed on all FPS 4116-X) MM/YY (Mo. of Ser.) REG/DIV PAC APD No. Title IV-E Training (50%) Legal Services NA 00FCP000 27100 18 Ref Doc SFX M TC Index PCA AY COBJ AOBJ AMOUNT R 03050 NA 7672 7672CE - SFX APPN Fund NACUBO Sub-Fund Grant Number Grant Year/Phase Project Number Project Phase Contract Number Multipurpose Code 1005FCA HHS000285100008 Invoice Number Description AGENCY USE (Month of Service,R/D,PAC,and APD No must be completed on all FPS 4116-X) Title IV-E Indirect Administration Legal MM/YY (Mo. of Ser.) REG/DIV PAC APD No. Services NA 00FCP000 27100 18 Ref Doc SFX M TC Index PCA AY COBJ AOBJ AMOUNT R 03050 NA 7672 7672GT - SFX APPN Fund NACUBO Sub-Fund Grant Number Grant Year/Phase Project Number Project Phase Contract Number Multipurpose Code 1005FCA HHS000285100008 Invoice Number Description AGENCY USE (Month of Service,R/D,PAC,and APD No must be completed on all FPS 4116-X) Title IV-E Other Administration - MM/YY (Mo. of Ser.) REG/DIV PAC APD No. Independent Legal Representation NA 00FCP000 27100 18 Ref Doc SFX M TC Index PCA AY COBJ AOBJ AMOUNT R SFX APPN Fund NACUBO Sub-Fund Grant Number Grant Year/Phase Project Number Project Phase Contract Number Multipurpose Code Invoice Number Description AGENCY USE (Month of Service,R/D,PAC,and APD No must be completed on all FPS 4116-X) MM/YY (Mo. of Ser.) REG/DIV PAC APD No. Form 4116 p. 2 [1-2021] County: MCLENNAN COUNTY Use Drop Downs to FFY FY21 to Select County and Quarter Remember: Quarter/Fiscal Year: 1QFY21 1. Select your county, then County Pop Rate % 17.507% 2. Select the quarter associated with the data under “Quarter/Fiscal Year”, then Indirect Cost Rate 32.18% See Instructions Tab for directions. 3. Select the current Fiscal Year with the corresponding FMAP under “FY and FMAP Rate” Admin Svc Rate 50.00% 4. If applicable, enter the Indirect Cost Rate Training Rate 75.000% Administrative Expenses Note: The Pink Columns are used only when the quarter ends in Sept Oct - Dec NA FY21 NA FY21 NA FY21 FY21 NA NA Allowable Allowable Total Federal Total State Total Federal Budgeted Expense Expense Expense Total Cost Cost Reimbursement Match Reimbursement Total State Match Salaries 92,775.02 - 92,775.02 16,242.12 - 8,121.06 8,121.06 - - Fringe Benefits 26,991.22 - 26,991.22 4,725.36 - 2,362.68 2,362.68 - - Travel ------Materials & Supplies 404.32 - 404.32 70.78 - 35.39 35.39 - - Equipment 157.74 - 157.74 27.62 - 13.81 13.81 - - Other Costs 256.00 - 256.00 44.82 - 22.41 22.41 - - TOTAL: 120,584.29 - 120,584.29 21,110.70 - 10,555.35 10,555.35 - - 21,110.70 75% Training FY21 NA FY21 NA FY21 FY21 NA NA Allowable Allowable Total Federal Total State Total Federal Budgeted Expense Expense Expense Total Cost Cost Reimbursement Match Reimbursement Total State Match Registration Fees ------Meals ------Lodging ------Mileage ------Other Travel Costs ------ TOTAL: ------ 50% Training FY21 NA FY21 NA FY21 FY21 NA NA Allowable Allowable Total Federal Total State Total Federal Budgeted Expense Expense Expense Total Cost Cost Reimbursement Match Reimbursement Total State Match Registration Fees ------Meals ------Lodging ------Mileage ------Other Travel Costs ------ TOTAL: ------ Indirect Administration FY21 NA FY21 NA FY21 FY21 NA NA Allowable Allowable Total Federal Total State Total Federal Budgeted Expense Expense Expense Total Cost Cost Reimbursement Match Reimbursement Total State Match Salaries 92,775.02 - 92,775.02 5,226.72 - 2,613.36 2,613.36 - - Fringe Benefits 26,991.22 - 26,991.22 1,520.62 - 760.31 760.31 - - Travel ------Materials & Supplies ------Other ------ TOTAL: 119,766.24 - 119,766.24 6,747.34 - 3,373.67 3,373.67 - - - 6,747.34 Other Administration - Indpendent Legal Representation FY21 NA FY21 NA FY21 FY21 NA NA Allowable Allowable Total Federal Total State Total Federal Budgeted Expense Expense Expense Total Cost Cost Reimbursement Match Reimbursement Total State Match Salaries ------Fringe Benefits ------Travel ------Materials & Supplies ------Equipment ------Other Costs 424,000.00 - 424,000.00 74,229.68 - 37,114.84 37,114.84 - - TOTAL: 424,000.00 - 424,000.00 74,229.68 - 37,114.84 37,114.84 - - 74,229.68 FY21 NA Total Total Federal Reimbursement 51,043.86 - 51,043.86 Total Certified State Match 51,043.86 - 51,043.86 Total Expenses (Federal + State) 102,087.72 - 102,087.72 Administrative Expenses Expense Description (Identify each expense billed as described Month Paid Salaries Fringe Travel Materials & Other in Budget Form 2030) Benefits Supplies Equipment Costs Administrative Expenses Oct - Dec Martinez, Amber - Attorney Oct - Dec 23,197.17 6,410.05 Martinez, Mark - Attorney Oct - Dec 20,167.85 5,646.48 Jump, Thomas - Attorney Oct - Dec 20,689.22 5,901.09 Beach, Madeleine - Attorney Oct - Dec 16,602.27 5,009.02 Knapp, Susan - Paralegal Oct - Dec 12,118.51 4,024.57 Supplies Oct - Dec 404.32 Furniture & Equipment Oct - Nov 157.74 Telephone Nov - Dec 70.69 Other Services & Charges Oct - Nov 74.97 Postage & Shipping Oct - Dec 110.34 INSERT rows above as needed 92,775.02 26,991.22 0.00 404.32 157.74 256.00 Expense Description Fringe Materials & Other (Identify each expense billed as described Month Paid Salaries Travel Equipment Benefits Supplies Costs in Budget Form 2030) Administrative Expenses NA INSERT rows above as needed 0.00 0.00 0.00 0.00 0.00 0.00 Training - 75% REMINDER: MUST ATTACH "TRAINING EXPENSE DOCUMENTATION FORM", Form 9321 Type of Expense Date of Registration Other Travel Title and Description of Training Meals Lodging Mileage Training* Fees Costs Oct - Dec INSERT rows above as needed Total: 0.00 0.00 0.00 0.00 0.00 For the month of September Only Type of Expense Date of Title and Description of Training Registration Other Travel Meals Lodging Mileage Training* Fees Costs NA INSERT rows above as needed Total: 0.00 0.00 0.00 0.00 0.00 Training - 50% REMINDER: MUST ATTACH "TRAINING EXPENSE DOCUMENTATION FORM", Form 9321 Type of Expense Date of Registration Other Travel Title and Description of Training Meals Lodging Mileage Training* Fees Costs Oct - Dec INSERT rows above as needed Total: 0.00 0.00 0.00 0.00 0.00 For the month of September Only Type of Expense Date of Title and Description of Training Registration Other Travel Meals Lodging Mileage Training* Fees Costs NA INSERT rows above as needed Total: 0.00 0.00 0.00 0.00 0.00 Indirect Administration Expense Description (Identify each expense billed as described in Month Paid Salaries Fringe Budget Form 2030) Benefits Indirect Administration Oct - Dec Indirect Costs Oct - Dec 92,775.02 26,991.22 INSERT rows above as needed 92,775.02 26,991.22 Expense Description Fringe (Identify each expense billed as described in Month Paid* Salaries Benefits Budget Form 2030) Indirect Administration NA INSERT rows above as needed 0.00 0.00 Other Administration - Independent Legal Representation Expense Description (Identify each expense billed as described Month Paid Salaries Fringe Travel Materials & in Budget Form 2030) Benefits Supplies Equipment Other Costs Other Admin - Independent Legal Rep Oct - Dec Child/Parent Legal Expenses Oct - Dec 424,000.00 INSERT rows above as needed 0.00 0.00 0.00 0.00 0.00 424,000.00 Expense Description Fringe Materials & (Identify each expense billed as described Month Paid Salaries Travel Equipment Other Costs Benefits Supplies in Budget Form 2030) Other Admin - Parental Representation NA INSERT rows above as needed 0.00 0.00 0.00 0.00 0.00 0.00 K 5. (1 page) STATE OF TEXAS * RESOLUTION COUNTY OF McLENNAN * Resolution of McLennan County WHEREAS, the Commissioners Court finds it in the best interest of the citizens of McLennan County, that the 2021 State Homeland Security Program – Project for Aviation Communication be operated for the 2021-2022; and WHEREAS, the Commissioners Court agrees to provide applicable matching funds for the said project as required by the State Homeland Security Grants Division grant application; and WHEREAS, the Commissioners Court agrees that in the event of loss or misuse of the Office of the Governor funds, the McLennan County Commissioners Court assures that the funds will be returned to the Office of the Governor in full. WHEREAS, the Commissioners Court designates the County Judge as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE, BE IT RESOLVED that the Commissioners Court approves submission of the grant application for the 2021 State Homeland Security Program – Project for Aviation Communication to the Office of the Governor. Passed and Approved this 18th of May, 2021. Grant Number: 4300901 ______Scott M. Felton McLennan County Judge ATTEST: J.A. “Andy” HARWELL, County Clerk McLennan County, Texas ______By: Deputy County Clerk L 1. (1 page) Ken Bass Director of Purchasing Office: (254) 757-5016 214 North 5th Street Fax: (254) 757-5068 Waco, Texas 76701 [email protected] lennan. tx. us May 18, 2021 Re: P-Card Purchase of Zoom Commissioners, Purchasing has over the past year processed many upgrade orders forZoom using the Purchasing card. These Zoom orders have differingrenewal dates that automatically renew using our Purchasing Card without any input from the Purchasing Department. We have trying to stay ahead of the renewal dates and seek approval from Court beforetpe deadlines are reached and the renewals are made. We believe it would be more efficientif the Court would consider our request is as follows: We are requesting a blanket approval of the use of the Purchasing Card for the renewal of Zoom services for all departments that have existing Zoom Contracts. Of course any new request for Zoom services will be brought before the Courtfor approval. We respectfullysubmit this request to the Court for your consideration. Thank You, Ken Bass L 2. (1 page) SHf, RH,"frPAtsNJfl LL.[AgNJANfl A8A Mclennan County 901 Washington Avenue Waco, Texas 76701 ' 254-757-5095 www.co.mclennan.tx. us "Your Safety Comes First" May L2,2O21 Commissioner's Court: The Mclennan County Sheriffs Office requests the approval of 10 additional Unpaid Reserve Deputies to supplement our current 20 Deputies. These extra Deputies will be available to assist in supplementing patrol functions and other projects as they arise. The cost to be bonded/insured is approximately 57.00 per Reserve per year. lf the additional L0 are approved, the approximate additional annual cost is 570.00. Thank you for assistance in this matter iu-- ." Lt. Adrian C. Wernet M 7. (1 page) ORDER OF THE COUNTY JUDGE AND COMMISSIONERS COURT OF MCLENNAN COUNTY, TEXAS, DECLARING A DISASTER AND EXTENDING THE STATE OF DISASTER IN AND FOR MCLENNAN COUNTY DUE TO THE SPREAD OF COVID-19 WHEREAS, by virtue of the Governor’s Executive Orders, non-essential businesses and services were closed and certain other restrictions were put in place in an attempt to control the spread of Covid-19; and WHEREAS, the Governor’s Executive Orders have reopened previously closed businesses and services, and withdrawn certain restrictions; WHEREAS, this Order is issued based on evidence of the continued spread of COVID-19 within the County and throughout the Central Texas area; and WHEREAS, a declaration of local disaster and public health emergency includes the ability to reduce the possibility of exposure to disease, control the risk, promote health, compel persons to undergo additional health measures that prevent or control the spread of disease. NOW, THEREFORE, BE IT ORDERED BY COUNTY JUDGE SCOTT M. FELTON AND THE COMMISSIONERS COURT OF MCLENNAN COUNTY, TEXAS, UNDER THE AUTHORITY OF TEXAS GOVERNMENT CODE SECTION 418.108 AND OTHER LAW: 1. That a public disaster, and a public health emergency is hereby declared for and in McLennan County, Texas effective immediately and as extended hereby. 2. That the state of disaster and medical emergency declared under this Order shall continue until June 30, 2021 unless continued or renewed by the McLennan County Commissioners Court. 3. That this Order shall become effective immediately. 4. That the County must promptly provide notice of this Order by posting it on the County website and by filing it with the County Clerk. ORDERED on this the 18th day of May, 2021, being the effective date. ______Scott M. Felton, County Judge ATTEST: J.A. “Andy” Harwell, County Clerk McLennan County, Texas ______By: Deputy County Clerk M 8. (94 pages) May 3, 2021 Hon. Scott M. Felton McLennan County Judge PO Box 1728 Waco, TX 76703-1728 Re: McLennan County– Property Renewal Dear Judge Felton: Thank you for choosing Texas Association of Counties Risk Management Pool (TAC RMP) for your property coverage needs. TAC RMP strives to provide its Members the most comprehensive coverages and risk solutions available. We appreciate your dedication to the Pool and we understand that supporting our Members when they need it most is an important detail when it comes to your coverage with TAC RMP. TAC RMP is pleased to present your Property coverage renewal for 2021. The TAC RMP Board of Directors approved the following Property coverage updates effective July 1, 2021: o Limits of Liability coverage extensions table: o Contingent Business Interruption/Extra Expense changed name Contingent Gross Earnings/Extra Expense to Contingent Business Interruption/Extra Expense as it is the most commonly used term in other standard property coverage documents. o Business Income & Extra Expense changed the name “Gross Earnings and Extra Expense” to Business Income & Extra Expense as it is the most commonly used term in other standard property coverage documents. o Section B: Property Damage 1. Member Property added “physical loss”, “direct”, and “damage” to clarify the coverage document covers direct physical loss and direct physical damage loss. o Section 2. Property Excluded Added “primarily” to exclusion E. Equipment used to produce power or gas distribution to distinguish this exclusion is for third party distribution. o Section 3. Additional Coverage: o Y. Protection and Preservation of Property added language “includes, but is not limited to” to clarify the list for costs incurred is not exhaustive. o Section 4 Exclusions: o A.7: Added “any of”, “moisture”, and changed “and” to “or” this clarifies that the exclusion is for any of the perils listed in the exclusion due to loss from any accumulated effects from the perils listed. o B.1: Added new exclusion for Communicable Disease o C.4: Removed exclusion for collapse o C.7: Added new exclusion section for Collapse and included coverage that would be covered in the event of a loss from Collapse. o Section C – Time Element: o A.: Business Income- Changed “Gross Earnings” to Business Income as the coverage extension name. . o Section H- Definitions: o Added definition for Communicable Disease o Changed Pollution definition name to Pollutant o Other: o Format changes and clarifications were made with minimal impact. Your renewal coverage is based on information we obtained from the renewal questionnaire. Please review your renewal and all attached schedules for accuracy. If you have any questions please do not hesitate to contact me for an onsite review. If you have any questions or updates related to your coverage, please contact your Member Services Representative, Yolanda Mondragon, for assistance. We look forward to another successful year and we appreciate and thank you for your continued participation in the TAC Risk Management Pool. Sincerely, Todd Kisel TAC Risk Management Consultant INVOICE McLennan County Attn: Scott Felton Invoice Due Date: July 1, 2021 PO Box 1728 Invoice #: 32083 Waco, TX 76703-1728 Coverage #: PR-1550-20210701-1 Contribution for the coverage below is now due. Coverage Period: July 1, 2021 - July 1, 2022 Coverage Contribution Due Member Number: 1550 Property $293,024 Total Due: $293,024 Invoice Due Date: July 1, 2021 McLennan County Invoice #: NRCN-32083-PC Attn: Scott Felton Contribution Due:$293,024 PO Box 1728 Amount Enclosed: ______Waco, TX 76703-1728 If the total amount enclosed is not $293,024, please use the notes section below to explain: Please make checks payable to: Texas Association of Counties Risk Management Pool Box # 2426 San Antonio, TX 78298-9900 04/26/2021 Texas Association of Counties McLennan County # 1550 McLennan County # 1550 Risk Management Pool Coverage Number: PR-1550-20210701-1 Coverage Number: PR-1550-20210701-1 04/26/2021 Property Contribution & Coverage Declarations Member: McLennan County Coverage Period: July 1, 2021 through July 1, 2022 This Contribution & Coverage Declarations (CCD) is part of the Coverage Documents between the Texas Association of Counties Risk Management Pool (Pool) and the Named Member shown above, subject to the terms, conditions, definitions, exclusions, and sub-limits contained in the Coverage Documents, any endorsements, and the Interlocal Participation Agreement (IPA). PROPERTY Per Occurrence Limits Deductible Per Contribution Occurrence Property Limits TOTAL COVERED VALUE All Other Perils- any other covered loss except those addressed with separate $263,741,310 $25,000 $269,750 deductibles Coverage with Separate Deductibles Sublimits Not to exceed $500,000 per Flood- Special Hazard Zones- Excess of building $2,500,000 Included National Flood Insurance Program Limits Not to exceed $500,000 per contents Flood- Except Special Hazard Zones $10,000,000 $25,000 Included Earthquake $10,000,000 Annual Aggregate $25,000 Included Equipment Breakdown $50,000,000 $25,000 Included Law Enforcement Animals $30,000 $1,000 Included Crime $500,000 $1,000 $3,157 Optional Coverage Mobile Equipment As Scheduled $1,000 $20,117 PROPERTY CONTRIBUTION $293,024 NOTICE OF ACCIDENT/CLAIM Notice of an accident or claim (including service of process, if any) is to be delivered immediately to the Pool via the Texas Association of Counties Claims Department at: Texas Association of Counties Attention: CLAIMS P. O. Box 2131 Austin, Texas 78768 Fax Number: 512-615-8942 Email: [email protected] Any notice of claim and/or related documents should be mailed to the above immediately or by fax or email. Texas Association of Counties McLennan County # 1550 McLennan County # 1550 Risk Management Pool Coverage Number: PR-1550-20210701-1 Coverage Number: PR-1550-20210701-1 04/26/2021 CONDITIONS Coverage: This CCD is to outline limits, deductibles, and contributions only. All coverage is subject to the terms, conditions, definitions, exclusions, and sub-limits described in the Coverage Documents, any endorsements, and the IPA. Claims Reporting: The Named Member shall submit claims to the Pool as set forth in each applicable Coverage Document or as otherwise required by the Pool or state law. Failure to Maintain Coverage: The Named Member’s failure to maintain at least one coverage through the Pool will result in the automatic and immediate termination of the IPA. Named Member Compliance: By executing the IPA, the Named Member agrees to comply with and abide by the Pool’s Bylaws, applicable Coverage Documents, and the Pool’s policies, as now in effect and as amended. Payment of Annual Contribution: The Named Member shall pay contributions as outlined on invoices and as per the terms of the IPA. Pool’s Right to Audit: The Pool has the right, but no obligation, to audit and inspect the Named Member’s operations and property at any time upon reasonable notice and during regular business hours, as the Pool deems necessary to protect the interest of the Pool. Property Appraisal: Property coverage is blanket and based on Replacement Cost. The Pool will provide a formal physical appraisal of the Member’s property on a periodic basis and the Member agrees to accept the values provided by the Pool’s appraisal firm. Member agrees to report all buildings and contents prior to renewal. Pool Coordinator: The Named Member shall appoint a Pool Coordinator. The name of the Pool Coordinator and the address for which notices may be given by the Pool shall be set forth in the space provided at the end of the IPA. The Pool Coordinator shall promptly provide the Pool with any required information. The Named Member may change its Pool Coordinator and the address for notice by giving written notice to Pool of the change before the effective date of the change. Any failure or omission of the Named Member's Pool Coordinator shall be deemed a failure or omission of the Named Member. The Pool is not required to contact any other individual regarding the Named Member's business except the named Pool Coordinator unless notice or contact to another individual is required by applicable law. Any notice given by Pool or its contractor to the Pool Coordinator or such individual as is designated by law for a particular notice, shall be deemed notice to the Named Member. Submission of Information: The Named Member shall timely submit to the Pool documentation necessary for the Pool to use to determine the risk to be covered for the next renewal period and to properly underwrite the risk exposure. The Pool will provide forms identifying the information requested. Termination and Renewal: The coverage outlined in this CCD may be terminated or not renewed by either party as outlined in the IPA or applicable Coverage Document. Termination for Failure to Pay: Notwithstanding any other provision in the IPA, if any payment or contribution for coverage owed by the Named Member to the Pool is not paid as required by the IPA, the Pool may cancel coverage or terminate coverage and the IPA, as the Pool deems appropriate, in accordance with the Pool’s Bylaws and the applicable Coverage Document. The Named Member shall remain obligated for such unpaid contribution or charge for the period preceding termination. Texas Association of Counties McLennan County # 1550 McLennan County # 1550 Risk Management Pool Coverage Number: PR-1550-20210701-1 Coverage Number: PR-1550-20210701-1 04/26/2021 This declaration is issued by ______as authorized representative of the Pool on ______04/26/2021 in Austin, Texas. Texas Association of Counties McLennan County # 1550 McLennan County # 1550 Risk Management Pool Coverage Number: PR-1550-20210701-1 Coverage Number: PR-1550-20210701-1 04/26/2021 Property and Mobile Equipment Schedule Member: McLennan County Coverage Period: July 1, 2021 to July 1, 2022 BUILDING & CONTENTS : Building Name Flood Coverage Year SQ. Building Content Site Total Site Bldg Const. Type Stories Contribution Address Zone Basis Built FT. Value Value Improvement Value 1 001 MCLENNAN COUNTY COURTHOUSE X HIST ISO - 6 1902 4 53,061 $19,812,800 $2,432,900 $0 $22,245,700 $22,696 501 WASHINGTON AVENUE WACO, TX, 76701 1 002 DOWNTOWN JAIL X RCV ISO - 5 1951 5 58,876 $10,715,200 $1,095,900 $0 $11,811,100 $12,050 219 NORTH 6TH STREET WACO, TX, 76701 1 003 OFFICE/SHOP BUILDING X RCV ISO - 2 1924 2 11,200 $2,057,200 $642,000 $0 $2,699,200 $2,851 216 NORTH 5TH STREET WACO, TX, 76701 1 004 ANNEX BUILDING X RCV ISO - 5 1951 5 49,600 $8,407,900 $2,033,400 $10,441,300 $10,653 219 NORTH 6TH STREET WACO, TX, 76701 1 006 IT DEPARTMENT BUILDING X RCV ISO - 4 1980 1 4,755 $609,400 $195,000 $804,400 $821 500 COLUMBUS AVENUE WACO, TX, 76701 1 999 SITE IMPROVEMENTS RCV ISO - 3 2040 0 $0 $15,140 $15,140 $15 513 WASHINGTON AVENUE WACO, TX, 76701 2 001 OFFICE BUILDING X500 RCV ISO - 5 1986 2 34,870 $7,259,800 $1,429,400 $0 $8,689,200 $8,865 215 NORTH 5TH STREET WACO, TX, 76701 2 999 SITE IMPROVEMENTS RCV ISO - 3 2040 0 $0 $15,140 $15,140 $15 215 NORTH 5TH STREET WACO, TX, 76701 3 001 STORAGE BUILDING X RCV ISO - 5 1920 3 44,712 $7,390,900 $916,400 $0 $8,307,300 $8,475 824 WASHINGTON AVENUE WACO, TX, 76701 3 999 SITE IMPROVEMENTS RCV ISO - 3 2040 0 $0 $1,010 $1,010 $1 824 WASHINGTON AVENUE WACO, TX, 76701 6 001 FORD D COURT AE RCV ISO - 4 1967 1 5,964 $1,108,500 $244,500 $0 $1,353,000 $1,380 420 NORTH 6TH STREET WACO, TX, 76701 Texas Association of Counties McLennan County # 1550 Risk Management Pool Coverage Number: PR-1550-20210701-1 04/26/2021 BUILDING & CONTENTS : Building Name Flood Coverage Year SQ. Building Content Site Total Site Bldg Const. Type Stories Contribution Address Zone Basis Built FT. Value Value Improvement Value 6 999 SITE IMPROVEMENTS RCV ISO - 3 2040 0 $0 $8,080 $8,080 $8 420 NORTH 6TH STREET WACO, TX, 76701 7 001 JUVENILE DETENTION CENTER X RCV ISO - 6 2004 1 66,908 $12,961,700 $1,245,200 $0 $14,206,900 $14,494 2601 GHOLSON ROAD WACO, TX, 76704 7 002 INTERIM JUVENILE HOME X RCV ISO - 1 2008 1 1,900 $199,180 $23,460 $0 $222,640 $251 2601 GHOLSON ROAD WACO, TX, 76704 7 003 MAINTENANCE OFFICE BUILDING X RCV ISO - 1 2010 1 640 $30,030 $10,200 $0 $40,230 $45 2601 GHOLSON ROAD WACO, TX, 76704 7 004 STORAGE BUILDING 1 X RCV ISO - 1 2010 1 200 $4,010 $3,060 $0 $7,070 $8 2601 GHOLSON ROAD WACO, TX, 76704 7 005 STORAGE BUILDING 2 X RCV ISO - 3 2010 1 18 $1,010 $0 $0 $1,010 $1 2601 GHOLSON ROAD WACO, TX, 76704 7 006 STORAGE BUILDING 3 X RCV ISO - 1 2010 1 176 $3,010 $2,040 $0 $5,050 $6 2601 GHOLSON ROAD WACO, TX, 76704 7 007 FABRIC PAVILION X RCV ISO - 3 2000 1 1,200 $14,020 $0 $0 $14,020 $14 2601 GHOLSON ROAD WACO, TX, 76704 7 999 SITE IMPROVEMENTS RCV ISO - 3 2040 0 $0 $41,370 $41,370 $42 2601 GHOLSON ROAD WACO, TX, 76704 9 001 MHMR CRISIS CENTER X500 RCV ISO - 4 1962 1 30,810 $5,098,100 $631,500 $0 $5,729,600 $5,846 1200 CLIFTON STREET WACO, TX, 76704 9 002 OFFICE BUILDING X500 RCV ISO - 2 1990 1 1,800 $154,140 $37,730 $0 $191,870 $203 1200 CLIFTON STREET WACO, TX, 76704 9 003 METAL PAVILION 1 X500 RCV ISO - 3 2000 1 100 $2,010 $0 $0 $2,010 $2 1200 CLIFTON STREET WACO, TX, 76704 9 004 METAL PAVILION 2 X500 RCV ISO - 3 2000 1 100 $2,010 $0 $0 $2,010 $2 1200 CLIFTON STREET WACO, TX, 76704 9 999 SITE IMPROVEMENTS RCV ISO - 3 2040 0 $0 $14,130 $14,130 $14 1200 CLIFTON STREET WACO, TX, 76704 10 001 COLISEUM X RCV ISO - 4 1963 1 348, $46,399,300 $0 $0 $46,399,300 $47,339 4613 BOSQUE BOULEVARD 179 WACO, TX, 76710 Texas Association of Counties McLennan County # 1550 Risk Management Pool Coverage Number: PR-1550-20210701-1 04/26/2021 BUILDING & CONTENTS : Building Name Flood Coverage Year SQ. Building Content Site Total Site Bldg Const. Type Stories Contribution Address Zone Basis Built FT. Value Value Improvement Value 10 002 STALL BARN X RCV ISO - 3 2004 1 41,800 $1,273,200 $0 $0 $1,273,200 $1,299 4613 BOSQUE BOULEVARD WACO, TX, 76710 10 003 STORAGE BUILDING 1 X RCV ISO - 3 1964 1 2,320 $116,110 $0 $0 $116,110 $118 4613 BOSQUE BOULEVARD WACO, TX, 76710 10 004 SHOP BUILDING X RCV ISO - 3 1964 1 10,000 $467,400 $165,500 $0 $632,900 $646 4613 BOSQUE BOULEVARD WACO, TX, 76710 10 005 GENERAL EXHIBITS BUILDING X RCV ISO - 3 1953 1 28,965 $2,044,900 $479,000 $0 $2,523,900 $2,575 4613 BOSQUE BOULEVARD WACO, TX, 76710 10 007 COMMUNICATIONS BUILDING X RCV ISO - 6 2008 1 600 $158,150 $43,850 $0 $202,000 $206 4613 BOSQUE BOULEVARD WACO, TX, 76710 10 008 TICKET BOOTH 1 X RCV ISO - 2 2010 1 200 $42,040 $0 $0 $42,040 $44 4613 BOSQUE BOULEVARD WACO, TX, 76710 10 010 TICKET BOOTH 3 X RCV ISO - 2 2010 1 200 $42,040 $0 $0 $42,040 $44 4613 BOSQUE BOULEVARD WACO, TX, 76710 10 011 TICKET BOOTH 4 X RCV ISO - 3 2010 1 150 $17,020 $0 $0 $17,020 $17 4613 BOSQUE BOULEVARD WACO, TX, 76710 10 012 STORAGE BUILDING 2 X RCV ISO - 1 2010 1 104 $2,010 $0 $0 $2,010 $2 4613 BOSQUE BOULEVARD WACO, TX, 76710 10 013 STORAGE CONTAINER 1 X RCV ISO - 3 2010 1 320 $4,010 $0 $0 $4,010 $4 4613 BOSQUE BOULEVARD WACO, TX, 76710 10 014 STORAGE CONTAINER 2 X RCV ISO - 3 2010 1 320 $4,010 $0 $0 $4,010 $4 4613 BOSQUE BOULEVARD WACO, TX, 76710 10 015 STORAGE CONTAINER 3 X RCV ISO - 3 2010 1 320 $4,010 $0 $0 $4,010 $4 4613 BOSQUE BOULEVARD WACO, TX, 76710 10 016 COMMUNICATION TOWER X RCV ISO - 3 2008 1 0 $154,140 $0 $0 $154,140 $157 4613 BOSQUE BOULEVARD WACO, TX, 76710 10 017 INFORMATION BUILDING 1 X RCV ISO - 3 2000 1 25 $1,010 $0 $0 $1,010 $1 4613 BOSQUE BOULEVARD WACO, TX, 76710 10 018 INFORMATION BUILDING 2 X RCV ISO - 3 2000 1 25 $1,010 $0 $0 $1,010 $1 4613 BOSQUE BOULEVARD WACO, TX, 76710 Texas Association of Counties McLennan County # 1550 Risk Management Pool Coverage Number: PR-1550-20210701-1 04/26/2021 BUILDING & CONTENTS : Building Name Flood Coverage Year SQ. Building Content Site Total Site Bldg Const. Type Stories Contribution Address Zone Basis Built FT. Value Value Improvement Value 10 019 INFORMATION BUILDING 3 X RCV ISO - 3 2000 1 25 $1,010 $0 $0 $1,010 $1 4613 BOSQUE BOULEVARD WACO, TX, 76710 10 020 INFORMATION BUILDING 4 X RCV ISO - 3 2000 1 25 $1,010 $0 $0 $1,010 $1 4613 BOSQUE BOULEVARD WACO, TX, 76710 10 021 INFORMATION BUILDING 5 X RCV ISO - 3 2000 1 25 $1,010 $0 $0 $1,010 $1 4613 BOSQUE BOULEVARD WACO, TX, 76710 10 022 INFORMATION BUILDING 6 X RCV ISO - 3 2000 1 25 $1,010 $0 $0 $1,010 $1 4613 BOSQUE BOULEVARD WACO, TX, 76710 10 023 INFORMATION BUILDING 7 X RCV ISO - 3 2000 1 50 $1,010 $0 $0 $1,010 $1 4613 BOSQUE BOULEVARD WACO, TX, 76710 10 024 INFORMATION BUILDING 8 X RCV ISO - 3 2000 1 50 $1,010 $0 $0 $1,010 $1 4613 BOSQUE BOULEVARD WACO, TX, 76710 10 025 NEW BUILDING - BASE EXPO CENTER RCV ISO - 6 2021 1 1 $32,000,000 $1,700,000 $33,700,000 $34,382 4613 BOSQUE BOULEVARD WACO, TX, 76710 10 999 SITE IMPROVEMENTS RCV ISO - 3 2040 0 $0 $227,030 $227,030 $232 4613 BOSQUE BOULEVARD WACO, TX, 76710 11 001 MCLENNAN COUNTY JAIL X500 RCV ISO - 5 1986 1 137, $30,913,100 $2,563,500 $0 $33,476,600 $34,154 3201 EAST STATE HIGHWAY 6 737 WACO, TX, 76705 11 002 F WING X500 RCV ISO - 3 1998 1 9,500 $1,054,200 $157,000 $0 $1,211,200 $1,236 3201 EAST STATE HIGHWAY 6 WACO, TX, 76705 11 003 MAINTENANCE BUILDING X500 RCV ISO - 3 1990 1 2,460 $126,120 $46,910 $0 $173,030 $177 3201 EAST STATE HIGHWAY 6 WACO, TX, 76705 11 004 S2 BUILDING X500 RCV ISO - 3 2003 1 1,680 $92,090 $31,610 $0 $123,700 $126 3201 EAST STATE HIGHWAY 6 WACO, TX, 76705 11 005 MAIL ROOM X500 RCV ISO - 4 1986 1 1,400 $177,160 $22,440 $0 $199,600 $204 3201 EAST STATE HIGHWAY 6 WACO, TX, 76705 11 006 SECURITY BOOTH 1 X500 RCV ISO - 1 2008 1 100 $12,020 $0 $0 $12,020 $14 3201 EAST STATE HIGHWAY 6 WACO, TX, 76705 11 007 SECURITY BOOTH 2 X500 RCV ISO - 1 2008 1 100 $13,020 $2,040 $0 $15,060 $17 3201 EAST STATE HIGHWAY 6 WACO, TX, 76705 Texas Association of Counties McLennan County # 1550 Risk Management Pool Coverage Number: PR-1550-20210701-1 04/26/2021 BUILDING & CONTENTS : Building Name Flood Coverage Year SQ. Building Content Site Total Site Bldg Const. Type Stories Contribution Address Zone Basis Built FT. Value Value Improvement Value 11 008 STORAGE BUILDING X500 RCV ISO - 1 2010 1 128 $3,010 $2,040 $0 $5,050 $6 3201 EAST STATE HIGHWAY 6 WACO, TX, 76705 11 009 STORAGE CONTAINER 1 X500 RCV ISO - 3 1986 1 63 $1,010 $1,020 $0 $2,030 $2 3201 EAST STATE HIGHWAY 6 WACO, TX, 76705 11 010 STORAGE CONTAINER 2 X500 RCV ISO - 3 1986 1 63 $1,010 $1,020 $0 $2,030 $2 3201 EAST STATE HIGHWAY 6 WACO, TX, 76705 11 011 STORAGE PAVILION X500 RCV ISO - 3 2003 1 800 $23,030 $2,040 $0 $25,070 $26 3201 EAST STATE HIGHWAY 6 WACO, TX, 76705 11 999 SITE IMPROVEMENTS RCV ISO - 3 2040 0 $0 $150,350 $150,350 $153 3201 EAST STATE HIGHWAY 6 WACO, TX, 76705 12 001 SHEP MULLENS VISITATION CENTER X500 RCV ISO - 3 2010 1 3,850 $449,200 $78,900 $0 $528,100 $539 3421 MARLIN HIGHWAY WACO, TX, 76705 12 999 SITE IMPROVEMENTS RCV ISO - 3 2040 0 $0 $15,140 $15,140 $15 3421 MARLIN HIGHWAY WACO, TX, 76705 13 001 MCLENNAN COUNTY SHERIFF'S X RCV ISO - 4 1940 2 28,304 $4,768,400 $1,645,000 $0 $6,413,400 $6,543 OFFICE 901 WASHINGTON AVENUE WACO, TX, 76701 13 999 SITE IMPROVEMENTS RCV ISO - 3 2040 0 $0 $19,180 $19,180 $20 901 WASHINGTON AVENUE WACO, TX, 76701 14 001 OFFICE BUILDING X RCV ISO - 1 2007 1 2,544 $294,400 $104,000 $0 $398,400 $449 1800 RICHTER AVENUE WACO, TX, 76710 14 999 SITE IMPROVEMENTS RCV ISO - 3 2040 0 $0 $4,040 $4,040 $4 1800 RICHTER AVENUE WACO, TX, 76710 15 001 OFFICE BUILDING X RCV ISO - 1 1924 1 3,325 $403,500 $136,300 $0 $539,800 $670 201 NORTH REAGAN WEST, TX, 76691 15 999 SITE IMPROVEMENTS RCV ISO - 3 2040 0 $0 $3,030 $3,030 $3 201 NORTH REAGAN WEST, TX, 76691 16 001 SHOP BUILDING X RCV ISO - 3 2008 1 4,524 $279,800 $92,700 $0 $372,500 $408 133 NORTH SNIDER ROAD WEST, TX, 76691 Texas Association of Counties McLennan County # 1550 Risk Management Pool Coverage Number: PR-1550-20210701-1 04/26/2021 BUILDING & CONTENTS : Building Name Flood Coverage Year SQ. Building Content Site Total Site Bldg Const. Type Stories Contribution Address Zone Basis Built FT. Value Value Improvement Value 16 002 STORAGE BUILDING X RCV ISO - 3 2008 1 2,100 $50,050 $3,060 $0 $53,110 $58 133 NORTH SNIDER ROAD WEST, TX, 76691 16 003 POWER WASH BUILDING X RCV ISO - 3 2008 1 200 $4,010 $3,060 $0 $7,070 $8 133 NORTH SNIDER ROAD WEST, TX, 76691 16 999 SITE IMPROVEMENTS RCV ISO - 3 2040 0 $0 $229,050 $229,050 $251 133 NORTH SNIDER ROAD WEST, TX, 76691 17 001 COMMUNICATIONS BUILDING X RCV ISO - 5 2009 1 64 $15,020 $5,100 $0 $20,120 $22 500 WASHINGTON WEST, TX, 76691 18 001 COMMUNICATIONS BUILDING X RCV ISO - 5 2009 1 64 $15,020 $5,100 $0 $20,120 $22 9400 BLUEBONNET PARKWAY MC GREGOR, TX, 76657 19 001 OFFICE BUILDING X RCV ISO - 1 1989 1 980 $75,070 $10,200 $0 $85,270 $106 1000 FM 3268 MC GREGOR, TX, 76657 19 002 SHOP BUILDING X RCV ISO - 3 1989 1 2,985 $192,180 $57,100 $0 $249,280 $273 1000 FM 3268 MC GREGOR, TX, 76657 19 003 VEHICLE SHELTER X RCV ISO - 3 1989 1 8,520 $207,190 $0 $0 $207,190 $227 1000 FM 3268 MC GREGOR, TX, 76657 19 004 EQUIPMENT STORAGE BUILDING X RCV ISO - 3 1989 1 4,100 $71,070 $0 $0 $71,070 $78 1000 FM 3268 MC GREGOR, TX, 76657 19 005 STORAGE CONTAINER 1 X RCV ISO - 3 1989 1 320 $4,010 $4,080 $0 $8,090 $9 1000 FM 3268 MC GREGOR, TX, 76657 19 006 STORAGE CONTAINER 2 X RCV ISO - 3 1989 1 160 $2,010 $2,040 $0 $4,050 $4 1000 FM 3268 MC GREGOR, TX, 76657 19 007 STORAGE CONTAINER 3 X RCV ISO - 3 1989 1 320 $4,010 $4,080 $0 $8,090 $9 1000 FM 3268 MC GREGOR, TX, 76657 19 008 STORAGE CONTAINER 4 X RCV ISO - 3 1989 1 150 $2,010 $0 $0 $2,010 $2 1000 FM 3268 MC GREGOR, TX, 76657 19 009 STORAGE CONTAINER 5 X RCV ISO - 3 1989 1 150 $2,010 $2,040 $0 $4,050 $4 1000 FM 3268 MC GREGOR, TX, 76657 19 010 STORAGE PAVILION X RCV ISO - 3 1989 1 120 $3,010 $1,020 $0 $4,030 $4 1000 FM 3268 MC GREGOR, TX, 76657 Texas Association of Counties McLennan County # 1550 Risk Management Pool Coverage Number: PR-1550-20210701-1 04/26/2021 BUILDING & CONTENTS : Building Name Flood Coverage Year SQ. Building Content Site Total Site Bldg Const. Type Stories Contribution Address Zone Basis Built FT. Value Value Improvement Value 19 023 PCT. #4 SHOP X RCV ISO - 3 1901 1 3,000 $166,100 $49,600 $0 $215,700 $236 1000 FM 3268 MC GREGOR, TX, 76657 19 999 SITE IMPROVEMENTS RCV ISO - 3 2040 0 $0 $95,860 $95,860 $105 1000 FM 3268 MC GREGOR, TX, 76657 20 001 OFFICE BUILDING X RCV ISO - 2 1960 1 1,990 $268,400 $0 $0 $268,400 $307 307 SOUTH MADISON MC GREGOR, TX, 76657 20 999 SITE IMPROVEMENTS RCV ISO - 3 2040 0 $0 $7,070 $7,070 $8 307 SOUTH MADISON MC GREGOR, TX, 76657 21 001 SHOP BUILDING X RCV ISO - 3 1987 1 3,180 $191,180 $60,160 $0 $251,340 $275 5000 D BATTLE LAKE ROAD MART, TX, 76664 21 002 EQUIPMENT STORAGE BUILDING X RCV ISO - 3 1990 1 2,000 $94,090 $28,550 $0 $122,640 $134 5000 D BATTLE LAKE ROAD MART, TX, 76664 21 003 EQUIPMENT/SIGN STORAGE X RCV ISO - 1 1975 1 1,843 $35,040 $24,480 $0 $59,520 $74 5000 D BATTLE LAKE ROAD MART, TX, 76664 21 004 TIRE STORAGE BUILDING X RCV ISO - 1 1975 1 400 $18,020 $10,200 $0 $28,220 $35 5000 D BATTLE LAKE ROAD MART, TX, 76664 21 005 STORAGE BUILDING X RCV ISO - 1 1990 1 450 $11,010 $2,040 $0 $13,050 $16 5000 D BATTLE LAKE ROAD MART, TX, 76664 21 006 POWER WASH BUILDING X RCV ISO - 3 1989 1 288 $12,020 $4,080 $0 $16,100 $18 5000 D BATTLE LAKE ROAD MART, TX, 76664 21 007 COMMUNICATIONS BUILDING X RCV ISO - 5 2009 1 64 $15,020 $5,100 $0 $20,120 $22 5000 D BATTLE LAKE ROAD MART, TX, 76664 21 008 COMMUNICATION TOWER X RCV ISO - 3 2009 1 0 $61,060 $0 $0 $61,060 $67 5000 D BATTLE LAKE ROAD MART, TX, 76664 21 009 NEW BUILDING - MART TOWER RCV ISO - 3 2021 1 1 $55,000 $150,000 $205,000 $209 COMMUNICATIONS BUILDING 5000 D BATTLE LAKE ROAD MART, TX, 76664 21 010 NEW BUILDING - OFFICE BUILDING RCV ISO - 3 2021 1 1 $320,000 $45,000 $365,000 $372 5000 D BATTLE LAKE ROAD MART, TX, 76664 Texas Association of Counties McLennan County # 1550 Risk Management Pool Coverage Number: PR-1550-20210701-1 04/26/2021 BUILDING & CONTENTS : Building Name Flood Coverage Year SQ. Building Content Site Total Site Bldg Const. Type Stories Contribution Address Zone Basis Built FT. Value Value Improvement Value 21 011 NEW BUILDING - EQUIPMENT RCV ISO - 3 2021 1 1 $100,000 $100,000 $102 PAVILION 5000 D BATTLE LAKE ROAD MART, TX, 76664 21 999 SITE IMPROVEMENTS RCV ISO - 3 2040 0 $0 $66,600 $66,600 $73 5000 D BATTLE LAKE ROAD MART, TX, 76664 23 001 PRAIRIE CHAPEL SCHOOL X* HIST ISO - 1 1908 1 1,590 $211,190 $16,320 $0 $227,510 $282 8720 PRAIRIE CHAPPEL ROAD CRAWFORD, TX, 76638 23 999 SITE IMPROVEMENTS RCV ISO - 3 2040 0 $0 $3,030 $3,030 $3 8720 PRAIRIE CHAPPEL ROAD CRAWFORD, TX, 76638 24 001 MAINTENANCE BUILDING X RCV ISO - 3 1994 1 6,360 $422,700 $260,700 $0 $683,400 $697 94001 IH-35 SOUTH LORENA, TX, 76655 24 002 OLD MAINTENANCE BUILDING X* RCV ISO - 3 1994 1 1,500 $76,070 $19,380 $0 $95,450 $97 94001 IH-35 SOUTH LORENA, TX, 76655 24 003 STORAGE BUILDING 1 X* RCV ISO - 3 1996 1 3,000 $70,070 $2,040 $0 $72,110 $74 94001 IH-35 SOUTH LORENA, TX, 76655 24 004 STORAGE BUILDING 2 X* RCV ISO - 1 1996 1 540 $29,030 $7,140 $0 $36,170 $41 94001 IH-35 SOUTH LORENA, TX, 76655 24 999 SITE IMPROVEMENTS RCV ISO - 3 2040 0 $0 $138,240 $138,240 $141 94001 IH-35 SOUTH LORENA, TX, 76655 25 001 KELLY-NAPIER JUSTICE CENTER X500 RCV ISO - 2 1996 1 2,658 $364,300 $109,000 $0 $473,300 $500 929 ELM STREET WACO, TX, 76704 25 999 SITE IMPROVEMENTS RCV ISO - 3 2040 0 $0 $3,030 $3,030 $3 929 ELM STREET WACO, TX, 76704 26 001 OFFICE BUILDING AE RCV ISO - 4 1985 1 25,058 $3,341,200 $1,027,000 $0 $4,368,200 $4,457 504 NORTH 6TH STREET WACO, TX, 76701 26 999 SITE IMPROVEMENTS RCV ISO - 3 2040 0 $0 $4,040 $4,040 $4 504 NORTH 6TH STREET WACO, TX, 76701 27 001 PAVILION MORE RCV ISO - 3 1960 1 2,000 $68,070 $0 $0 $68,070 $69 176 ROY NAIL ROAD INFO WACO, TX, 76705 Texas Association of Counties McLennan County # 1550 Risk Management Pool Coverage Number: PR-1550-20210701-1 04/26/2021 BUILDING & CONTENTS : Building Name Flood Coverage Year SQ. Building Content Site Total Site Bldg Const. Type Stories Contribution Address Zone Basis Built FT. Value Value Improvement Value 27 002 RESTROOM BUILDING MORE RCV ISO - 2 1960 1 357 $92,090 $1,020 $0 $93,110 $98 176 ROY NAIL ROAD INFO WACO, TX, 76705 27 003 NEW BUILDING - RESTROOM #2 RCV ISO - 3 2021 1 1 $55,000 $55,000 $56 176 ROY NAIL ROAD WACO, TX, 76705 27 999 SITE IMPROVEMENTS RCV ISO - 3 2040 0 $0 $178,030 $178,030 $182 176 ROY NAIL ROAD WACO, TX, 76705 28 001 COMMUNICATIONS BUILDING X* RCV ISO - 6 2010 1 176 $70,070 $163,260 $0 $233,330 $238 1439 ENTERPRISE ROAD LORENA, TX, 76655 28 002 COMMUNICATION TOWER X RCV ISO - 3 2010 1 0 $154,140 $0 $0 $154,140 $157 1439 ENTERPRISE ROAD LORENA, TX, 76655 28 999 SITE IMPROVEMENTS RCV ISO - 3 2040 0 $0 $6,060 $6,060 $6 1439 ENTERPRISE ROAD LORENA, TX, 76655 29 001 OFFICE BUILDING/STORAGE X RCV ISO - 3 1981 1 19,835 $2,821,800 $813,100 $0 $3,634,900 $3,708 4224 COBBS DRIVE WACO, TX, 76710 29 002 GARAGE X RCV ISO - 3 1981 1 3,750 $402,400 $62,100 $0 $464,500 $474 4224 COBBS DRIVE WACO, TX, 76710 30 001 JACK HARWELL DETENTION CENTER X500 RCV ISO - 4 2009 1 124, $30,845,100 $2,320,000 $33,165,100 $33,836 3101 MARLIN HIGHWAY 672 WACO, TX, 76705 31 001 JUSTICE OF THE PEACE PCT 4 X RCV ISO - 4 1999 1 2,675 $666,600 $109,700 $0 $776,300 $850 415 NORTH JOHNSON DRIVE MCGREGOR, TX, 76657 31 999 SITE IMPROVEMENTS RCV ISO - 3 1999 0 $0 $30,400 $30,400 $33 415 NORTH JOHNSON DRIVE MC GREGOR, TX, 76657 Building & Contents Total: $238,861, $23,604, $1,275,050 $263,741, $269,750 850 410 310 FINE ARTS: Not Applicable MOBILE EQUIPMENT: Item Year Make Model Serial # Effective Date Expiration Date Total Value Contribution 1090 2014 JOHN DEERE TRACTOR UNKNOWN 07/01/2021 07/01/2022 $14,800 $24 Juvenile Department Total Items Scheduled: 1 $14,800 $24 Texas Association of Counties McLennan County # 1550 Risk Management Pool Coverage Number: PR-1550-20210701-1 04/26/2021 MOBILE EQUIPMENT: Item Year Make Model Serial # Effective Date Expiration Date Total Value Contribution 879 1981 JOHN DEERE 544 544CB403709DW 07/01/2021 07/01/2022 $16,000 $26 1012 UNKNOWN ELECTRIC FORKLIFT 127543 07/01/2021 07/01/2022 $3,000 $5 1014 ROTORY LIFT 01-1487274 07/01/2021 07/01/2022 $3,118 $5 1015 1999 GENIE BOOM LIFT Z4526-11766 07/01/2021 07/01/2022 $29,348 $48 1073 2011 CATERPILLAR P5000 PNEUMATIC TIRE FORKLIFT AT3531383 07/01/2021 07/01/2022 $18,500 $30 1116 2018 BRANSON TRACTOR 17G3434 07/01/2021 07/01/2022 $49,900 $82 1120 2020 YAMAHA GAS UTILITY CART J0D-302034 07/01/2021 07/01/2022 $7,950 $13 Maintenance Total Items Scheduled: 7 $127,816 $210 871 1983 CATERPILLAR LOADER 11ZZOO222 07/01/2021 07/01/2022 $70,000 $115 872 1988 BANDEN WINCH TBD1 07/01/2021 07/01/2022 $3,000 $5 874 1989 CASE BACKHOE/LOADER JJG0070673 07/01/2021 07/01/2022 $55,810 $92 876 1988 CATERPILLAR 140G MOTOR GRADER 72V-11277 07/01/2021 07/01/2022 $86,200 $142 880 1981 JOHN DEERE 544 BACKHOE LOADER 544CB403710DW 07/01/2021 07/01/2022 $16,000 $26 881 UNKNOWN 4 SOLIDS HANDLING PUMPS TBD2 07/01/2021 07/01/2022 $1,402 $2 882 1983 ROSCO AGGREGATE SPREADER 10012 07/01/2021 07/01/2022 $7,100 $12 893 1998 CATERPILLAR 97 86G03288 07/01/2021 07/01/2022 $276,729 $455 908 JOHN DEERE 6310 TRACTOR L06310P273389 07/01/2021 07/01/2022 $34,577 $57 909 BOMAG RECLAIMER MHP100R 07/01/2021 07/01/2022 $78,794 $130 910 1996 CATERPILLAR TANDEM DRUM ROLLER 4DN00097 07/01/2021 07/01/2022 $32,400 $53 911 2000 CATERPILLAR PNEUMATIC ROLLER 3XR00465 07/01/2021 07/01/2022 $32,900 $54 913 JOHN DEERE CX15 ROTARY CUTTER WOCX15F003214 07/01/2021 07/01/2022 $10,844 $18 914 JOHN DEERE 544J WHEEL LOADER DW544JZ604271 07/01/2021 07/01/2022 $111,836 $184 918 JOHN DEERE 6430 TRACTOR W/TREE SHREDDER LD6430591274 07/01/2021 07/01/2022 $90,000 $148 920 JOHN DEERE CX15 FLEX WING ROTARY CUTTER WOCX15E007809 07/01/2021 07/01/2022 $11,051 $18 922 DYNAPAC VIBRATORY ROLLER 7822US5431 07/01/2021 07/01/2022 $77,350 $127 940 VERMEER BRUSH CUTTER 1VRU1614X21000183 07/01/2021 07/01/2022 $17,500 $29 942 CATERPILLAR CW 14 PNEUMATIC COMPACTOR CAT0CW14VLTJ00196 07/01/2021 07/01/2022 $88,500 $145 1016 1999 DURA PATCHER MODEL 1 12630 07/01/2021 07/01/2022 $35,738 $59 1051 2007 HAMM 3410 P COMPACTOR 1690979 07/01/2021 07/01/2022 $65,800 $108 1052 BLAW-KNOX CB90 BROOM CB90-97678 07/01/2021 07/01/2022 $51,571 $85 1060 2015 CATERPILLAR MOTOR GRADER CAT0140MTN9D00387 07/01/2021 07/01/2022 $279,000 $459 1061 STELLAR EC4000 CRANE EFX15B310K 07/01/2021 07/01/2022 $11,897 $20 1062 2016 GRADALL XL4100 EXCAVATOR 4100000721 07/01/2021 07/01/2022 $413,065 $679 Texas Association of Counties McLennan County # 1550 Risk Management Pool Coverage Number: PR-1550-20210701-1 04/26/2021 MOBILE EQUIPMENT: Item Year Make Model Serial # Effective Date Expiration Date Total Value Contribution 1092 2018 KOMATSU GD655-6 RIPPER MOTOR GRADER 60252 07/01/2021 07/01/2022 $241,857 $398 1093 2017 JOHN DEERE 5100M UTILITY TRACTOR 1LV5100MLHH401311 07/01/2021 07/01/2022 $49,110 $81 1094 2016 RHINO 4105 FLEX WING ROTORY CUTTER 4105-40013 07/01/2021 07/01/2022 $15,280 $25 1103 2017 JOHN DEERE TRACTOR 5100E 1LV5100EEHH402857 07/01/2021 07/01/2022 $53,971 $89 1107 2019 ETNYRE CHIPSPREADER K7251 07/01/2021 07/01/2022 $319,930 $526 1115 2018 BROCE BROOM HIGHWAY SWEEPER 410847 07/01/2021 07/01/2022 $48,900 $80 1117 2020 NEW HOLLAND T6.155 TRACTOR ZHED04232 07/01/2021 07/01/2022 $128,133 $211 1124 2021 KOMATSU WA270-8 A29353 07/01/2021 07/01/2022 $151,250 $249 Precinct 1, Commissioner Total Items Scheduled: 33 $2,967,495 $4,878 975 1994 BOMAG UNKNOWN 17859 07/01/2021 07/01/2022 $85,000 $140 991 2004 ETNYRE CHIP SPREDDER K6003 07/01/2021 07/01/2022 $164,887 $271 992 CATERPILLAR 928G WHEEL LOADER DJD01515 07/01/2021 07/01/2022 $113,244 $186 993 JOHN DEERE 6415 TRACTOR L06415D540444 07/01/2021 07/01/2022 $45,057 $74 994 JOHN DEERE 6415 TRACTOR L06415D540278 07/01/2021 07/01/2022 $45,057 $74 996 JOHN DEERE 6415 TRACTOR L06415D540081 07/01/2021 07/01/2022 $45,057 $74 997 JOHN DEERE CX15 10' SINGLE WING CUTTER WOCX15E006025 07/01/2021 07/01/2022 $10,361 $17 999 JOHN DEERE CX15 10' SINGLE WING CUTTER WOCX15E005955 07/01/2021 07/01/2022 $10,361 $17 1000 JOHN DEERE CX15 10' SINGLE WING CUTTER WOCX15E005959 07/01/2021 07/01/2022 $10,361 $17 1001 2008 JOHN DEERE 655C CRAWLER LOADER LU655CX010159 07/01/2021 07/01/2022 $192,022 $316 1002 2007 SAKAI PAD FOOT ROLLER VSV16-50459 07/01/2021 07/01/2022 $76,000 $125 1004 2009 JOHN DEERE 7130 STD CABTRACTOR L0713OH579961 07/01/2021 07/01/2022 $55,225 $91 1006 HAMM HD90 DOUBLE DRUM ROLLER 1810477 07/01/2021 07/01/2022 $99,161 $163 1007 BOBCAT T650 COMPACT TRACK LOADER A3P011241 07/01/2021 07/01/2022 $42,400 $70 1009 JOHN DEERE 190D EXCAVATOR 1FF190DWJBD031137 07/01/2021 07/01/2022 $188,489 $310 1010 DYNAPAC CP142 PNEUMATIC ROLLER 1000500T0B001511 07/01/2021 07/01/2022 $72,990 $120 1055 2014 JOHN DEERE 410K BACKHOE LOADER 1T0410KXTEE266780 07/01/2021 07/01/2022 $88,421 $145 1063 2015 CATERPILLAR 140M3 MOTOR GRADER CAT0140MHN9D00448 07/01/2021 07/01/2022 $279,000 $459 1064 2015 CATERPILLAR 140M3 MOTOR GRADER CAT0140MEN9D00449 07/01/2021 07/01/2022 $279,000 $459 1066 VERMEER CHIPPER 1VR2161V5F1006494 07/01/2021 07/01/2022 $51,251 $84 1095 2016 JOHN DEERE 26G COMPACT EXCAVATOR 1FF026GXVFK260932 07/01/2021 07/01/2022 $29,623 $49 1096 2017 JOHN DEERE 6105 E CAB TRACTOR 1P06105EVH0010307 07/01/2021 07/01/2022 $93,576 $154 1097 2017 MACHETE 25' BOOM W/HEAD PAN & BUZZ MB25-170903 07/01/2021 07/01/2022 $74,661 $123 HEAD 1101 2017 BROCE BROOM HIGHWAY SWEEPER 410145 07/01/2021 07/01/2022 $52,471 $86 Texas Association of Counties McLennan County # 1550 Risk Management Pool Coverage Number: PR-1550-20210701-1 04/26/2021 MOBILE EQUIPMENT: Item Year Make Model Serial # Effective Date Expiration Date Total Value Contribution 1104 2017 JOHN DEERE 6105E CAB 1P06105EEJ0011257 07/01/2021 07/01/2022 $84,910 $140 1111 KOMATSU GD655-6 MOTOR GRADER K19865/ 60468 07/01/2021 07/01/2022 $275,000 $452 1112 2016 WIRTGEN WR200XLI 09WR.0070 07/01/2021 07/01/2022 $477,000 $784 1118 2020 ETNYRE CHIPSPREADER K7283 07/01/2021 07/01/2022 $348,727 $573 1125 JOHN DEERE 6105E CAB TRACTOR 1P06105ETL0012124 07/01/2021 07/01/2022 $128,035 $211 Precinct 2, Commissioner Total Items Scheduled: 29 $3,517,347 $5,782 883 2004 BROCE BROOM/HWY SWEEPER 403443 07/01/2021 07/01/2022 $21,870 $36 885 1995 RHINO 3RC2 FL-10 R TBD 07/01/2021 07/01/2022 $7,995 $13 898 1999 FERGUSON TANDEM STEEL ROLLER 4483 07/01/2021 07/01/2022 $16,000 $26 899 2002 CATERPILLAR MOTORGRADER 2ZK07411 07/01/2021 07/01/2022 $126,993 $209 901 CATERPILLAR MOTORGRADER DW670CX586194 07/01/2021 07/01/2022 $101,230 $166 903 2003 ETNYRE CHIP SPREADER K5953 07/01/2021 07/01/2022 $181,675 $299 905 2003 JOHN DEERE BACKHOE LOADER 710G T0710GX927828 07/01/2021 07/01/2022 $113,510 $187 938 JOHN DEERE 655C CRAWLER LOADER LU655CX007597 07/01/2021 07/01/2022 $118,300 $194 943 2007 JOHN DEERE 544J WHEEL LOADER DW544JZ616841 07/01/2021 07/01/2022 $116,845 $192 944 JOHN DEERE 6230 CAB TRACTOR L06230A605096 07/01/2021 07/01/2022 $35,364 $58 945 DBR060 20' SIDE FOLD BOOM MOWER 10813 07/01/2021 07/01/2022 $31,298 $51 947 2007 JOHN DEERE 672D MOTORGRADER DW672DX615289 07/01/2021 07/01/2022 $136,350 $224 948 2014 JOHN DEERE TRACTOR P06115D050653 07/01/2021 07/01/2022 $51,756 $85 949 JOHN DEERE FLEXWING ROTARY CUTTER P0CX26G056299 07/01/2021 07/01/2022 $12,750 $21 1072 2013 SAKAI SV505T VSV16-50701 07/01/2021 07/01/2022 $60,612 $100 1074 DIAMOND BOOM ROTARY MOWER 0000 07/01/2021 07/01/2022 $52,361 $86 1075 2016 JOHN DEERE 6120E CAB TRACTOR W/MOWER 1P06120ETG0001956 07/01/2021 07/01/2022 $112,029 $184 1077 2017 JOHN DEERE 410L BACKHOE LOADER 1T0410LXLGF305440 07/01/2021 07/01/2022 $127,900 $210 1098 2012 MODERN 10" FLEX WING OFFSET GALVENI NONE 07/01/2021 07/01/2022 $10,561 $17 1099 2015 SAKAI SV 540D SMOOTH DRUM 3SV53-10429 07/01/2021 07/01/2022 $82,000 $135 1109 2017 HAMM GRW 180I-15 H228.0250 07/01/2021 07/01/2022 $121,000 $199 1110 2019 JOHN DEERE 6105E CAB TRACTOR 1P06105ECJ0011395 07/01/2021 07/01/2022 $62,476 $103 1121 2019 JOHN DEERE 6110 CAB TRACTOR 1L06110MVKH950530 07/01/2021 07/01/2022 $154,492 $254 1123 2020 ETNYRE CHIP SPREADER K7347 07/01/2021 07/01/2022 $296,527 $487 1127 2020 SUPERIOR SELF PROPELLED 80741 07/01/2021 07/01/2022 $59,500 $98 SWEEPER/BROOM Precinct 3, Commissioner Total Items Scheduled: 25 $2,211,394 $3,635 912 1996 GRADALL XL 4100 EXCAVATOR 0414251 07/01/2021 07/01/2022 $86,800 $143 Texas Association of Counties McLennan County # 1550 Risk Management Pool Coverage Number: PR-1550-20210701-1 04/26/2021 MOBILE EQUIPMENT: Item Year Make Model Serial # Effective Date Expiration Date Total Value Contribution 916 1986 CATERPILLAR 973 END LOADER 66G-00805 07/01/2021 07/01/2022 $152,124 $250 919 1989 INGRAM TIRE ROLLER 598925-PB14 07/01/2021 07/01/2022 $28,556 $47 924 1996 GRADALL XL 4100 EXCAVATOR 417248 07/01/2021 07/01/2022 $39,500 $65 925 1996 RHINO 4RC2 ROTARY 13048 07/01/2021 07/01/2022 $8,345 $14 951 CATERPILLAR 4M1 MOTOR GRADER 4XM01339 07/01/2021 07/01/2022 $139,031 $229 952 CATERPILLAR 4M3 MOTOR GRADER 4XM01342 07/01/2021 07/01/2022 $139,031 $229 954 CATERPILLAR 4M4 MOTOR GRADER 4XM01330 07/01/2021 07/01/2022 $139,031 $229 955 1997 DYNAPAC 4VR COMPACTOR 58314050 07/01/2021 07/01/2022 $73,495 $121 957 MASSEY FERGUSON 281 TRACTOR 9786G44020 07/01/2021 07/01/2022 $16,729 $28 958 1999 CASE 621C LOADER JEE0122663 07/01/2021 07/01/2022 $77,255 $127 960 1996 MASSEY FERGUSON STEEL ROLLER 4182 07/01/2021 07/01/2022 $17,500 $29 961 CATERPILLAR FORKLIFT 37W7991 07/01/2021 07/01/2022 $12,000 $20 964 BROCE BROOM HIGHWAY SWEEPER 403371 07/01/2021 07/01/2022 $22,070 $36 965 NEW HOLLAND TS115-A 2 WD TRACTOR ACP234765 07/01/2021 07/01/2022 $75,036 $123 967 1996 GRADALL G3WD FORKLIFT 138340 07/01/2021 07/01/2022 $20,000 $33 968 NEW HOLLAND TS115A TRACTOR ACP277078 07/01/2021 07/01/2022 $97,472 $160 969 CASE 721E WHEEL LOADER N8F206462 07/01/2021 07/01/2022 $122,088 $201 970 VOLVO PNUEMATIC ROLLER 199447 07/01/2021 07/01/2022 $66,019 $109 971 2010 ENTYRE CHIP SPREADER K6543 07/01/2021 07/01/2022 $199,931 $329 972 2011 PADFOOT ROLLER VSV16-50690 07/01/2021 07/01/2022 $74,850 $123 973 JOHN DEERE FLEX WING ROTARY CUTTER P0CX15G046028 07/01/2021 07/01/2022 $13,005 $21 974 JOHN DEERE FLEX WING ROTARY CUTTER P0CX15G046019 07/01/2021 07/01/2022 $13,500 $22 980 2011 JOHN DEERE WHEEL EXCAVATOR 1FF190DWEBD031132 07/01/2021 07/01/2022 $237,332 $390 982 2013 VERMEER BRUSH CHIPPER 1VRY131Z1D1004007 07/01/2021 07/01/2022 $57,964 $95 983 JOHN DEERE 6105D CAB TRACTOR 1P06105DTEM051489 07/01/2021 07/01/2022 $41,840 $69 1057 2014 ASPHALT ZIPPER UNKNOWN 60000200 07/01/2021 07/01/2022 $164,490 $270 1058 2015 BOBCAT T550 T4 TRACK LOADER AJZV12229 07/01/2021 07/01/2022 $43,154 $71 1069 UNKNOWN ROLLING JACK KQT15H0029 07/01/2021 07/01/2022 $7,082 $12 1070 30K 4P LIFT 30K 4P LIFT KIY15H0005 07/01/2021 07/01/2022 $17,402 $29 1071 UNKNOWN ROLLING JACK KQT15I0029 07/01/2021 07/01/2022 $6,257 $10 1076 2016 BROCE BROOM 409994 07/01/2021 07/01/2022 $60,298 $99 1100 2015 CASE PT240 ROLLER NFNTN2828 07/01/2021 07/01/2022 $79,655 $131 1108 2018 GRADALL EXCAVATOR 4140000122 07/01/2021 07/01/2022 $363,984 $598 Texas Association of Counties McLennan County # 1550 Risk Management Pool Coverage Number: PR-1550-20210701-1 04/26/2021 MOBILE EQUIPMENT: Item Year Make Model Serial # Effective Date Expiration Date Total Value Contribution 1113 2019 JOHN DEERE TRACTOR 1P06105ECK011729 07/01/2021 07/01/2022 $132,169 $217 1114 2019 JOHN DEERE 5100 M TRACTOR 1LV5100MJKK403368 07/01/2021 07/01/2022 $59,824 $98 1119 2020 JOHN DEERE 770GP MOTOR GRADER 1DW770GPTLF703519 07/01/2021 07/01/2022 $328,349 $540 1122 2020 SAKAI SMOOTH ROLLER 3SV56-10401 07/01/2021 07/01/2022 $113,500 $187 Precinct 4, Commissioner Total Items Scheduled: 38 $3,346,668 $5,502 1085 2016 POLARIS RANGER 4 WHEELER 3NSRVA879GG830755 07/01/2021 07/01/2022 $16,847 $28 1086 2015 POLARIS SPORTSMAN 4 WHEELER 4XASEE578FA252859 07/01/2021 07/01/2022 $7,100 $12 1087 2016 POLARIS SPORTMAN 4 WHEELER 4XASXE854GA589678 07/01/2021 07/01/2022 $9,499 $16 1088 2000 JOHN DEERE GATOR 4X2 VEHICLE W004X2X06041 07/01/2021 07/01/2022 $5,275 $9 1089 2007 CATERPILLAR FORKLIFT GP25K AT17B13943 07/01/2021 07/01/2022 $12,725 $21 Sheriff Total Items Scheduled: 5 $51,446 $85 Mobile Equipment Total: Total Items Scheduled: 138 $12,236, $20,117 966 UNMANNED AIRCRAFT: Not Applicable Totals Square Footage Building Value Contents Value Site Improvements Value Total Covered Values Total Contribution Building & Contents Total: 1,224,820 $238,861,850 $23,604,410 $1,275,050 $263,741,310 $269,750 Fine Arts Total: TOTAL Covered Values: $263,741,310 $269,750 Mobile Equipment Total: $12,236,966 $20,117 Unmanned Aircraft Total: $0 Construction Type Coverage Basis Special Flood Hazard Zones: ISO 1 – F, Frame RCV – Replacement Cost Value A A99 AR/AH ISO 2 – JM, Joisted Masonry HIST – Historical Reproduction Cost Value AO AR AR/A0 ISO 3 – NC, Light Noncombustible ACV – Actual Cash Value AH AR/A V ISO 4 –MNC, Masonry Noncombustible EXC – Excluded from Coverage A1 – A30 AR/AE V1 – V30 ISO 5 – MRF, Modified Fire Resistive AE AR/A1 – A30 VE ISO 6 – FR, Fire Resistive Texas Association of Counties McLennan County # 1550 Risk Management Pool Coverage Number: PR-1550-20210701-1 04/26/2021 PROPERTY COVERAGE DOCUMENT SECTION A – COVERAGE AGREEMENT AND COVERED PROPERTY 1. COVERAGE PROVIDED The coverage under this Coverage Document applies to property described on the schedule of values or covered under the terms and conditions of the AUTOMATIC COVERAGE (NEWLY ACQUIRED), ERRORS AND OMISSIONS, or MISCELLANEOUS UNNAMED PROPERTY provisions, unless otherwise provided. The Contribution and Coverage Declarations (CCD) and schedule of values issued to the Member by the Pool is part of this Coverage Document, subject to the terms, conditions, definitions, exclusions and sublimits contained in this Coverage Document, any endorsements, and the Interlocal Participation Agreement (IPA). Words and phrases that are capitalized have special meaning. Refer to SECTION H, DEFINITIONS. 2. USE OF COVERAGE TERMS The Texas Association of Counties Risk Management Pool (Pool) was created by Interlocal agreement to enable its Members to obtain coverage against various types of risk. For convenience and clarity, this document may use terms customarily used in the insurance industry, but this is not a contract of insurance. It is an agreement between political subdivisions to cover certain property against risk pursuant to the provisions of Chapters 791 and 2259 of the Texas Government Code. The Pool’s Members, which are political subdivisions of the State of Texas, participate in the Pool as an alternative to commercial insurance. 3. TERRITORY The coverage under this Coverage Document applies to MEMBER PROPERTY unless otherwise provided. This Coverage Document covers MEMBER PROPERTY in the United States of America. 4. LIMITS OF LIABILITY The Pool’s maximum limit of liability in a single Occurrence regardless of the number of Member Properties or coverages involved will not exceed the total covered value limit indicated on the CCD or any amended coverage schedules. The terms and conditions in this document, including the stated Sublimits, constitute the program as a whole for the Member. The Sublimits are a part of, and do not increase, any limits of liability of the program. When a Sublimit is shown as applying as an annual aggregate limit provided below, the Pool’s maximum limit of liability will not exceed that limit for all covered losses that occur during the Coverage Document period regardless of the number of MEMBER PROPERTY and coverages involved. Any Sublimit for Earth Movement due to Earthquake, Flood, and Named Storm is the maximum amount potentially recoverable for all covered loss, damage, expense or time element loss relating to such an Occurrence. Property Coverage Document Page 2 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 The following Sublimits apply on a per Occurrence basis, unless otherwise stated on the CCD. Any Sublimit shown as an annual aggregate applies per Occurrence and to all losses for that peril/coverage in the aggregate during the coverage period. Coverage Sublimit Accounts Receivable $2,500,000 Aesthetic Impairment $500,000 Automatic Coverage Newly Acquired MEMBER PROPERTY $5,000,000 Rental Mobile Equipment- any one piece $100,000 Claim Preparation Fees and Expenses $100,000 Contingent Business Interruption/ Extra Expense $250,000 Contingent Tax Revenue Interruption $100,000 Crime $250,000 per Occurrence Employee Dishonesty Included Forgery or Alteration Included Theft, Disappearance and Destruction Included Robbery and Safe Burglary Included Computer Fraud and Funds Transfer Fraud Included Money Orders and Counterfeit Paper Included Currency Debris Removal Lesser of 25% of property damage loss or $2,500,000 Decontamination Costs $500,000 Deferred Payments $100,000 Earth Movement due to Earthquake $10,000,000 annual aggregate EDP Data & Media $2,500,000 Equipment Breakdown, including $50,000,000 Spoilage $500,000 Service Interruption $2,500,000 Business Income & Extra Expense $1,000,000 Expediting Expense $500,000 Hazardous Substance $1,000,000 Ammonia Contamination $500,000 Data & Media $1,000,000 CFC Refrigerants $100,000 Computer Equipment $50,000,000 Water Damage $50,000 Consequential Loss $50,000 Errors and Omissions $2,500,000 Evacuation Expense $250,000 Expediting Expense $1,000,000 Extended Period of Indemnity $1,000,000 Fine Arts $2,500,000; subject to $250,000 per item unless scheduled Flood – as respects MEMBER PROPERTY situated $2,500,000 annual aggregate wholly or partially within Special Flood Hazard Areas Property Coverage Document Page 3 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 Flood – Except Special Flood Hazard Areas $10,000,000 annual aggregate Flood – as respects structures located wholly or $100,000 partially within Special Flood Hazard Areas that are ineligible property under the National Flood Insurance Program Golf Course Greens and Tees- resulting from a $1,000,000 Named Peril Increased Cost of Construction $2,000,000 Land and Water Contaminant or Pollutant Cleanup $100,000 subject to $500,000 and Removal annual aggregate Landscape Improvements- resulting from a Named $100,000 subject to $15,000 for Peril any one tree or shrub Law Enforcement Dogs and Horses $30,000 per Animal Miscellaneous Unnamed Property $2,500,000 Mobile Equipment As scheduled Mold Resulting From a Named Peril $1,000,000 Named Storm Total Covered Value; not to exceed $50,000,000 Personal Property of Officials and Employees $10,000 Personal Property of Others: not subject to $2,500 deductible Property in the Course of Construction and Soft $2,500,000 Costs Valuable Papers, Records $2,500,000 Time Element Business Income and Extra Expense $10,000,000 Ingress/Egress $2,500,000 Interruption by Civil Authority $2,500,000 Leasehold Interest $2,500,000 Loss of Rents $500,000 Property Damage and Time Element combined Service Interruption $2,500,000 Transit per conveyance $2,500,000 Unmanned Aircraft Systems, including attached Not to exceed $100,000 equipment unless scheduled Unscheduled Airport Runways $250,000 Unscheduled Mobile Equipment $10,000 Unscheduled Piers, Docks, Pilings, Bulkheads, and $250,000 Wharves Unscheduled Watercraft $500,000 Upgrade to Green $100,000 Property Coverage Document Page 4 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 Time Limits In addition to the time limits shown elsewhere in this Coverage Document, the following apply: Automatic Coverage 120 Day Period Automatic Coverage - Rental Mobile 120 Day Equipment Period Automatic Coverage - Mobile Equipment 30 Day Period Extended Period of Indemnity 180 Day Period Ingress/Egress 30 Day Period Interruption by Civil Authority 30 Day Period 5. MAXIMUM AMOUNT PAYABLE The limit of liability shown on the CCD or in this Coverage Document, or endorsed onto this Coverage Document, is the total limit of the Pool's liability applicable to each Occurrence. The Pool’s liability will never exceed the applicable limit of liability or aggregate limit of liability regardless of the number of MEMBER PROPERTY involved. In the event of a covered loss, the Pool’s liability is limited to the lesser of the following: A. The actual adjusted amount of loss, less applicable deductible; or B. The limit of liability or aggregate limit of liability shown on the CCD or in this Coverage Document or endorsed onto this Coverage Document. 6. VALUE REPORTING PROVISIONS The Member is required to provide the Pool 100% replacement cost values of MEMBER PROPERTY at the beginning of the Coverage Document period unless otherwise noted. The Member is not required to report changes in value for existing MEMBER PROPERTY during the Coverage Document period. The Member must report to the Pool all changes in value annually at renewal. 7. WAITING PERIOD There is a 24-hour Waiting Period before service interruption, civil authority and ingress/egress coverage will be applicable. 8. DEDUCTIBLES For a loss covered by this Coverage Document, the Pool will be liable only if the Member sustains a loss in a single Occurrence greater than the applicable deductible specified below, and only for its share of that greater amount. The deductible amount will not reduce the limit of liability. A. Named Storm: Property consisting of Mobile Equipment shall not be subject to a minimum deductible for Named Storm in Tier One Counties. For MEMBER PROPERTY wholly or partially situated in Tier One Counties, the Member’s deductible resulting from a Named Storm is 2% of the 100% replacement cost value, or 100% Reproduction Cost value if applicable, as of the date of the loss at the MEMBER PROPERTY Property Coverage Document Page 5 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 where physical damage occurred and for which the Member is making a claim for loss or damage. If a claim for loss or damage resulting from a Named Storm involves loss or damage at more than one MEMBER PROPERTY, the deductible amount will be calculated separately for each MEMBER PROPERTY suffering loss or damage and applied separately to the adjusted loss at each MEMBER PROPERTY, subject to the minimum deductible of $50,000 for all such loss or damage at all MEMBER PROPERTY combined. For MEMBER PROPERTY located in all other counties the all other perils deductible per Occurrence applies. If the Member maintains underlying coverage through the Texas Windstorm Insurance Association (TWIA), it is agreed that the coverage provided by this Coverage Document is excess and excludes the perils of wind and hail to the extent of recovery under the Member’s TWIA policy. If the amount of loss payable under the Member’s TWIA policy exceeds the applicable Named Storm in Tier One Counties deductible under this Coverage Document, then no deductible shall apply hereunder. However, if the amount to be paid under such TWIA policy is less than the applicable Named Storm in Tier One Counties deductible under this Coverage Document, the Member’s deductible will not exceed the difference between the amount to be paid under the Member’s TWIA policy and the applicable Named Storm in Tier One Counties deductible under this Coverage Document. For Member buildings or structures located wholly or partially in a Special Flood Hazard Area, the following separate deductibles apply individually and supersede the Two or More Deductible provision for the perils of Flood or Storm Surge resulting from a Named Storm. 1) For all coverages under this Coverage Document, if the Member purchases coverage from the National Flood Insurance Program, the deductible shall be the amount recoverable from the National Flood Insurance Program or Actual Cash Value, not to exceed $500,000. This deductible would apply for each building or structure and for contents at each building or structure. 2) For all coverages under this Coverage Document, if the Member does not purchase coverage from the National Flood Insurance Program, or the property is not eligible for coverage from the National Flood Insurance Program, or in the event the National Flood Insurance Program is discontinued, the deductible shall be $500,000 per building or structure for real property and $500,000 for contents at each building or structure. 3) If insurance is otherwise available under the National Flood Insurance Program but the MEMBER PROPERTY is a structure similar in character and nature to those structures listed as “ineligible property” under the National Flood Insurance Program General Rules and not otherwise excluded by this Coverage Document, the Member’s deductible shall be $25,000 subject to an amount not to exceed $100,000 per Occurrence. Examples include, but are not limited to, gazebos, pavilions, park equipment, fences, and gates. 4) If the community is participating in the Emergency Program under the National Flood Insurance Program, $500,000 as noted within this Section A. (1) is replaced with $100,000. If the property is eligible for coverage in the Emergency Program, $500,000 as noted within Section A. (2) is replaced with $100,000. Property Coverage Document Page 6 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 B. Flood The Member’s deductible for a loss resulting from a Flood is indicated on the CCD. Property consisting of Mobile Equipment shall not be subject to the Special Flood Hazard Area deductible detailed below. If a claim for losses resulting from Flood, as covered and defined under the National Flood Insurance Program, includes a Member’s buildings or structures located wholly or partially in a Special Flood Hazard Area the following separate deductibles apply individually and supersede the Two or More Deductible provision: 1) For all coverages under this Coverage Document, if the Member purchases coverage from the National Flood Insurance Program, the deductible shall be the amount recoverable from the National Flood Insurance Program or Actual Cash Value, not to exceed $500,000. This deductible would apply for each building or structure for real property, and for contents at each building or structure. 2) For all coverages under this Coverage Document, if the Member does not purchase coverage from the National Flood Insurance Program, or the property is not eligible for coverage from the National Flood Insurance Program, or in the event the National Flood Insurance Program lapses or is discontinued, the deductible shall be $500,000 per building or structure for real property and $500,000 for contents at each building or structure. 3) If insurance is otherwise available under the National Flood Insurance Program but the MEMBER PROPERTY is a structure similar in character and nature to those structures listed as “ineligible property” under the National Flood Insurance Program General Rules and not otherwise excluded by this Coverage Document, the Member’s deductible shall be $25,000 subject to an amount not to exceed $100,000 per Occurrence. Examples include, but are not limited to, gazebos, pavilions, park equipment, fences, and gates. 4) If the community is participating in the Emergency Program under the National Flood Insurance Program, $500,000 as noted within this Section B. (1) is replaced with $100,000. If the property is eligible for coverage in the Emergency Program, $500,000 as noted within Section B. (2) is replaced with $100,000. C. All Other Perils The Member’s deductible for all other perils is indicated on the CCD. D. Mobile Equipment The Member’s deductible for Mobile Equipment is indicated on the CCD. E. Two or More Deductibles Except as provided in A.8.B. above, if two or more deductibles apply to an Occurrence resulting in loss or damage covered under this Coverage Document, the total deductible will not exceed the single largest deductible applicable to the Occurrence. Notwithstanding the terms of this Section, in any Occurrence where loss or damage is caused by more than one peril covered under this Coverage Document, the Member may separate the loss amount by peril and request the use of multiple applicable deductibles. Property Coverage Document Page 7 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 SECTION B - PROPERTY DAMAGE 1. MEMBER PROPERTY This Coverage Document covers direct physical loss and direct physical damage loss for the following property, unless otherwise excluded elsewhere in this Coverage Document, anywhere within the Coverage Territory, to the extent of the Member’s interest in such property. A. Real Property, including but not limited to buildings, remodeling, installations, and construction in which the Member has an insurable interest. B. Personal Property: 1) Owned by the Member, including the Member’s interest as a tenant in improvements and betterments. In the event of physical loss or damage, the Pool agrees to accept and consider the Member as sole and unconditional owner of improvements and betterments, notwithstanding any contract or lease to the contrary; 2) Of officials and employees of the Member when in use within the scope of duties performed on behalf of the Member; 3) Of others in the Member’s custody to the extent the Member is under obligation to keep covered for physical loss or damage covered by this Coverage Document; or 4) Of others in the Member’s custody to the extent of the Member's legal liability for physical loss or damage to personal property. The Pool will defend that portion of any suit against the Member that alleges such liability and seeks damages for such covered physical loss or damage. The Pool may, without prejudice, investigate, negotiate and settle any claim or suit as the Pool deems expedient. 5) Equipment, Unmanned Aircraft Systems, and watercraft owned, rented, or leased by the Member. This Coverage Document also covers the interest of contractors and subcontractors in covered property during construction at a MEMBER PROPERTY or within 1,000 feet thereof, to the extent of the Member’s legal liability for covered physical loss or damage to such property. Such interest of contractors and subcontractors is limited to property damage only and such interest will not extend to any time element coverage provided under this Coverage Document. 2. PROPERTY EXCLUDED This Coverage Document excludes: A. Animals (other than law enforcement dogs and horses) B. Aircraft, spacecraft or satellites except Unmanned Aircraft Systems. C. Currency, money, precious metal in bullion form, notes, or securities. Property Coverage Document Page 8 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 D. Dams; canals; off shore drilling rigs; reservoirs; tunnels or bridges used by public vehicular traffic. E. Equipment used to produce power or gas primarily for distribution to third parties. F. Roadways, highways, or streets or any pavement that is part of a roadway, highway, or street (this includes but is not limited to roadway safety and control systems, sidewalks, curbs, culverts, or other paved surfaces). G. Land, water or any other substance in or on land; except this exclusion does not apply to loss or damage at a MEMBER PROPERTY caused by or resulting from: Earth Movement, explosion, falling aircraft, fire, Flood, hail, lightning, Named Storm, smoke, tornado, vehicle impact, wind driven water, and windstorm for the following items: 1) Land improvements consisting of tunnels, or bridges (not including tunnels or bridges used for public vehicular traffic), piers, docks, pilings, bulkheads, wharves, piping, fiber optic cable, retaining walls, but not including any land beneath the property. 2) Site improvements consisting of parking lots, sidewalks, and culverts. 3) Athletic fields including necessary materials, fill, and substrate beneath such fields. 4) Water that is contained within any enclosed tank, piping system or any other processing equipment. H. Motor vehicles licensed for road use. I. Trailers licensed for road use, but not including trailers used for covered watercraft. J. Overhead transmission and distribution lines located more than 1 mile from a MEMBER PROPERTY. K. Property sold by the Member under conditional sale, trust agreement, installment plan or other deferred payment plan after delivery to customers except as provided by the deferred payment coverage of this Coverage Document. L. Underground mines, mineshafts or caverns or any property within such mine, shaft or cavern. M. Standing timber, growing crops, grass or sod (not including athletic fields). 3. ADDITIONAL COVERAGE This Coverage Document includes the following additional coverage for physical loss or damage under this Coverage Document. Additional Coverage: Are subject to the applicable limit of liability; Will not increase the total covered value limit of liability; and Property Coverage Document Page 9 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 Are subject to the coverage provisions, including applicable exclusions and deductibles in this Coverage Document. A. ACCOUNTS RECEIVABLE This Coverage Document covers any shortage in the collection of accounts receivable, resulting from covered physical loss or damage to accounts receivable records while anywhere within the Coverage Territory, including while in transit. The Pool will be liable for the interest charges on any loan to offset impaired collections pending repayment of a sum uncollectible as the result of a loss or damage. Unearned interest and service charges on deferred payment accounts and normal credit losses on bad debts will be deducted in determining the recovery. 1) In the event of loss to accounts receivable records, the Member will use all reasonable efforts, including legal action, if necessary, to effect collection of outstanding accounts receivable. 2) In reducing the loss under this additional coverage, the Member agrees to use any suitable property or service owned or controlled by the Member or obtainable from other sources. The Pool will pay reasonable and necessary costs incurred by the Member to reduce a loss up to the amount the loss was reduced. 3) If it is possible to reconstruct accounts receivable records so that no shortage is sustained, the Pool will be liable only for the reasonable and necessary cost incurred for material and time required to re-establish or reconstruct the records, and not for any costs covered by any other coverage. 4) Accounts Receivable Exclusions: The following exclusions are in addition to the Exclusions subsection of this Section: This additional coverage does not cover a shortage resulting from: a. Bookkeeping, accounting or billing errors or omissions; b. (i) Alteration, falsification, manipulation; or (ii) Concealment, destruction or disposal; of accounts receivable records committed to conceal the wrongful giving, taking, obtaining or withholding of money, securities or other property; but only to the extent of such wrongful giving, taking, obtaining or withholding. 5) The Pool will settle a loss under this subsection within 90 days from the date the physical loss or damage is reported by the Member. All amounts recovered by the Member on outstanding accounts receivable on or after the date of a loss reported to the Pool will belong and be paid to the Pool up to the amount of loss paid by the Pool. All recoveries exceeding the amount paid by the Pool will belong to the Member. B. AESTHETIC IMPAIRMENT Aesthetic impairment means marring, pitting or other superficial damage that altered the Property Coverage Document Page 10 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 appearance of a roof or roof structure, but not the intended function of the roof or roof structure. The intended function of a roof or roof structure is to prevent the penetration of water into a building or structure. C. AUTOMATIC COVERAGE (NEWLY ACQUIRED) This Coverage Document covers MEMBER PROPERTY rented, leased, purchased, or newly constructed by the Member after the inception date of this Coverage Document. This additional coverage does not apply to property covered in whole or in part by any other coverage. This coverage will apply until the date the MEMBER PROPERTY is reported and bound by the Pool or the time limit shown in the time limits provision in the Limits of Liability has been reached. The time limit begins on the date of rental, lease, or purchase. With respect to automatic coverage for Mobile Equipment, Member must have Mobile Equipment coverage in place at the time of loss. Coverage is subject to the deductible as shown on the CCD. D. BRANDS AND LABELS If branded or labeled property covered by this Coverage Document is physically damaged and the Pool elects to take all or any part of that property, the Member may at the Pool’s expense: 1) Stamp salvage on the property or its containers; or 2) Remove or obliterate the brands or labels; If doing so will not damage the property. In either event, the Member must relabel property or its containers to be in compliance with any applicable law. E. CLAIMS PREPARATION FEES AND EXPENSES This Coverage Document covers the actual costs incurred by the Member of reasonable fees payable to accountants, architects, auditors, engineers, or other professionals and the cost of using the Member’s employees, to produce and certify information in the Member’s records, or other proofs, information or evidence required by the Pool related to a covered loss payable under this Coverage Document for which the Pool has accepted liability. This additional coverage excludes the fees and costs of attorneys, public adjusters, and loss appraisers, and any subsidiary or related entities owned or retained to assist them. F. CONSEQUENTIAL REDUCTION IN VALUE This Coverage Document covers the reduction in value of covered merchandise that is a part of pairs, sets or components, directly resulting from physical loss or damage covered by this Coverage Document to other covered parts of pairs, sets or components of the merchandise. If settlement is based on a constructive total loss, the Member will surrender the undamaged parts of the merchandise to the Pool. G. DEBRIS REMOVAL This Coverage Document covers the reasonable and necessary costs incurred to remove Property Coverage Document Page 11 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 debris from a MEMBER PROPERTY that remains as a direct result of physical loss or damage covered by this Coverage Document. This additional coverage does not cover the costs of removal of: 1) Contaminated uncovered property; or 2) The contaminant in or on uncovered property; whether or not the contamination results from covered physical loss or damage. Contamination includes, but is not limited to, the presence of Pollutant or hazardous material. H. DECONTAMINATION COSTS If covered property is contaminated as a direct result of physical damage covered by this Coverage Document subject to a current law or ordinance regulating contamination, including the presence of Pollutant or hazardous material, this Coverage Document covers, as a direct result of enforcement of the law or ordinance, the increased cost of decontamination and removal of such contaminated covered property required to comply with the law or ordinance. This additional coverage applies only to that part of covered property contaminated as a direct result of covered physical damage. The Pool is not liable for the costs required to remove contaminated uncovered property or the contaminant, whether or not the contamination results from a covered event. I. DEFERRED PAYMENTS This Coverage Document covers physical loss or damage to personal property covered and sold by the Member under a conditional sale or trust agreement or any installment or deferred payment plan and after the property has been delivered to the buyer. Coverage is limited to the unpaid balance for the property. In the event of loss to property sold under deferred payment plans, the Member will use all reasonable efforts, including legal action, if necessary, to effect collection of outstanding amounts due or to regain possession of the property. There is no liability under this Coverage Document for loss: 1) Pertaining to products recalled, including the costs to recall, test or to advertise such recall by the Member. 2) From theft or conversion by the buyer of the property after the buyer has taken possession of the property. 3) To the extent the buyer continues payments. 4) Not within the Coverage Territory. J. EARTH MOVEMENT This Coverage Document covers physical loss or damage caused by or resulting from Earth Movement. Property Coverage Document Page 12 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 All Earth Movement within a continuous 168 hour period will be considered a single Earth Movement; the beginning of such period shall be determined by the Member. K. EVACUATION EXPENSE In the case of actual or imminent loss or damage of the type covered against by this Coverage Document or a Mandatory Evacuation Order, this additional coverage will pay the expenses incurred by the Member for the emergency evacuation of patients, inmates, and juvenile detainees from a MEMBER PROPERTY and will cover the reasonable and necessary expenses to return the patients, inmates, and juvenile detainees. Mandatory Evacuation Order means the first public broadcast of a compulsory evacuation made by the responsible civil authority that is specific as to the effective date, time and area affected and which arises out of a peril for which coverage would have been provided if such peril had caused loss or damage to a MEMBER PROPERTY. The Mandatory Evacuation Order must commence during the coverage period. Recommended, advisory, precautionary, or voluntary evacuation is not included in the definition of Mandatory Evacuation Order. This additional coverage does not apply to any expenses incurred for scheduled evacuation drills, fire or safety drills or the evacuation of patients, inmates, and juvenile detainees due to a medical condition. This coverage also includes expenses incurred to return patients, inmates, and juvenile detainees to MEMBER PROPERTY. L. ERRORS AND OMISSIONS If physical loss or damage is not payable under this Coverage Document solely due to an error or unintentional omission: 1) In the description of where covered property is physically located; 2) To include any MEMBER PROPERTY: a. Owned, rented or leased by the Member on the effective date of this Coverage Document; or b. Purchased, rented or leased by the Member during the term of this Coverage Document; or 3) That results in cancellation of the property covered under this Coverage Document; This Coverage Document covers such physical loss or damage, to the extent it would have provided coverage had such error or unintentional omission not been made provided that the Member promptly report any error or unintentional omission to the Pool when discovered and corrected. M. EXPEDITING COSTS This Coverage Document covers the reasonable and necessary costs incurred to pay for the temporary repair of covered damage to covered property and to expedite the permanent repair Property Coverage Document Page 13 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 or replacement of the damaged property. This additional coverage does not cover costs: 1) Recoverable elsewhere in this Coverage Document; or 2) Of permanent repair or replacement of damaged property. N. FINE ARTS This Coverage Document covers physical loss or damage to Fine Arts articles while anywhere within the Coverage Territory, when scheduled including while in transit. 1) This additional coverage excludes loss or damage if the Fine Arts cannot be replaced with other of like kind and quality, unless it is specifically declared to the Pool. 2) Fine Arts Exclusions: The exclusions in the Exclusions clause of this Section do not apply to Fine Arts coverage except for: A.1), A.2), B.1), B.2), B.3) and B.4). In addition, as respects Fine Arts, the following exclusions apply: This Coverage Document does not cover against: a. Deterioration, wear and tear, or inherent vice; or b. Loss or damage from any repairing, restoration or retouching process. 3) Fine Arts means manuscripts; paintings; etchings; pictures; tapestries; rare or art glass; art glass windows; valuable rugs; statuary; sculptures; antique furniture; antique jewelry; murals; bric-a-brac; porcelains; and similar property of rarity, historical value, or artistic merit, excluding automobiles, coins, stamps, furs, jewelry, precious stones, precious metals, watercraft, aircraft, money, or securities. O. FIRE BRIGADE CHARGES AND EXTINGUISHING EXPENSES This Coverage Document covers the following expenses resulting from a covered loss: 1) Fire brigade charges and any extinguishing expenses which the Member incurs; and 2) Loss and disposal of fire extinguishing materials expended. P. FLOOD This Coverage Document covers physical loss or damage caused by or resulting from Flood. Storm Surge is not considered to be loss by Flood within the terms and conditions of this Coverage Document. Q. GOLF COURSE GREENS AND TEES This Coverage Document covers loss to golf course greens and tees (including practice greens and tees as well as sand traps and bunkers) caused by or resulting from the following causes of loss: Earthquake, explosion, falling aircraft, fire, hail, lightning, Named Storm, smoke, tornado, vandalism or malicious mischief, vehicles, and windstorm. Property Coverage Document Page 14 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 Drought, freeze, Mold, Fungus, disease or rot is specifically not covered by this extension. This Coverage Document covers the cost for debris removal and time element and does not increase the limits of liability that apply with this additional coverage extension. R. INCREASED COST OF CONSTRUCTION 1) This Coverage Document covers the reasonable and necessary costs incurred to satisfy the minimum requirements of the enforcement of any law or ordinance effective on the date of covered loss or damage regulating the demolition, construction, repair, replacement or use of buildings or structures at a MEMBER PROPERTY, provided that the enforcement is a direct result of the covered loss or damage. 2) This additional coverage does not cover any loss due to any law or ordinance with which the Member should have complied before the loss. 3) This additional coverage covers only: a. The cost to repair or rebuild the physically damaged portion of property with materials and in a manner to satisfy the law or ordinance; and b. To the extent that the costs result when the total demolition of the damaged covered property is required to satisfy the law or ordinance the cost: (i) To demolish the physically undamaged portion of the property covered; and (ii) To rebuild it with materials and in a manner to satisfy such law or ordinance. 4) This additional coverage excludes any costs incurred as a direct or indirect result of enforcement of any laws or ordinances regulating any form of contamination, including the presence of Pollutant or hazardous material. 5) The Pool’s maximum liability for this additional coverage at each MEMBER PROPERTY in any Occurrence will not exceed the actual cost incurred in demolishing the physically undamaged portion of the property covered plus the lesser of: a. The reasonable and necessary cost incurred, excluding the cost of land, in rebuilding on another site; or b. The cost of rebuilding on the same site. S. LAND AND WATER CONTAMINANT OR POLLUTANT CLEANUP, REMOVAL & DISPOSAL This Coverage Document covers the reasonable and necessary cost for the cleanup, removal and disposal of contaminants or pollutants from uncovered property consisting of land, including water or any other substance in land, and water on land, at a MEMBER PROPERTY if the release, discharge or dispersal of contaminants or pollutants is a direct result of covered physical loss or damage to covered property. This Coverage Document does not cover the cost to cleanup, remove and dispose of contaminants or pollutants from property: Property Coverage Document Page 15 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 1) At any MEMBER PROPERTY covered for personal property only; or 2) When the Member fails to give written notice of loss to the Pool within 180 days after inception of the loss. T. LANDSCAPE IMPROVEMENTS This Coverage Document covers loss to shrubs or trees caused by or resulting from the following causes of loss: Earthquake, explosion, falling aircraft, fire, Flood, hail, lightning, Named Storm, smoke, tornado, vehicle impact, wind driven water and windstorm. U. LAW ENFORCEMENT DOGS AND HORSES – MORTALITY, THEFT AND LOSS OF USE Animal means a dog or horse owned by the Member and used in the service of a law enforcement department or agency of the Member, excluding any puppies or foals within the covered dog or horse. Humane Destruction means the destruction of an Animal to prevent excessive continued suffering due to an incurable injury or terminal disease. Mortality means death resulting directly or indirectly from accident, illness, or disease during the course and scope of duties of the Animal. Theft has the meaning prescribed in the Texas Penal Code §31.03. The Pool will pay the Member for losses resulting from the Mortality or Theft of an Animal up to the limit of liability shown on the CCD. If coverage is terminated, the coverage provided by the Pool will be extended to cover Mortality which occurs within 30 days after the date of termination that is the result of an accident, illness, or disease that occurred and was reported by the Member during the Coverage Document period. 1) The Pool will not provide coverage for a claim on an Animal that: a. Suffered from an illness or injury within the 12 months before the Coverage Document period that the Member did not report to the Pool; b. Is not owned by the Member; c. Is retired from active duty; or d. Is eight years old or older. The Pool’s liability for a loss resulting from Theft of an Animal begins 90 days after the date the Member notifies the Pool of the Theft, provided that the Animal has not been recovered in that time. If an Animal has been recovered after a Theft, the Member must return any payment made by the Pool before the recovery. 2) Coverage is excluded for any loss resulting directly or indirectly from: a. Surgical operations, administration of drugs, medication or inoculation, unless it is Property Coverage Document Page 16 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 performed by a licensed veterinarian and certified as required in an attempt to prevent Mortality or Humane Destruction of an Animal; b. Mysterious disappearance or escape; c. Intentional destruction, except Humane Destruction or if the Pool agrees to the destruction; d. Destruction as a result of governmental order, due to exposure to or contraction of any communicable disease; e. Voluntary parting with the title or possession of the Animal because of fraud, trick, or false pretense; or f. Mortality of an Animal boarded outside the United States and then returned to the United States within the six months preceding its death. 3) As a condition of coverage: a. The Member shall dispose of the remains of any Animal at the Member expense. b. In case of injury or illness to an Animal, the Member must: (i) Immediately notify the Pool; (ii) Employ a licensed veterinarian, at the Member expense, to treat the Animal; and (iii) Secure proper care and, if required, allow the Animal to be removed for treatment, at the Member expense. c. If the Animal dies or is stolen, the Member must: i) Immediately notify the Pool, and in the case of Theft, also the police, local animal control, and humane society. ii) Give to the Pool, within 60 days, a copy of: (a) The registration certificate or other proof of age; (b) The postmortem examination report in the event of death; and (c) A signed and sworn proof of loss and details of costs associated with acquisition and initial training of the Animal including the cost associated with veterinarian fees and expenses. 4) Loss of Use: If a Member loses the use of an Animal due to a covered claim, the Pool will pay the Member if the Animal: a. Is injured by external, accidental, and violent means during the period this additional Property Coverage Document Page 17 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 coverage is in effect; b. Becomes totally and permanently unfit for its current use as a result of such injury; and c. Does not require destruction for humane reasons. Coverage for loss of use is extended after the expiration of the Coverage Document period to loss of use first occurring within 90 days after expiration, resulting from injury which occurs prior to expiration 5) As a condition of coverage: a. The Member must give the Pool immediate notice of any accident resulting in an injury which may give rise to a claim for loss of use. b. Within 14 days of such accident, the Member must provide a full veterinary report by a qualified veterinary surgeon, which will include: i) A description of the events and the injury suffered; ii) The treatment rendered; and iii) The opinion of the veterinary surgeon as to the Animal’s fitness for its current use. V. MISCELLANEOUS UNNAMED PROPERTY This Coverage Document covers the Member’s interest in covered property within the Coverage Territory which is not specifically on file, identified, or scheduled, except for property that is waterborne. This provision does not cover any property covered or excluded under any other provision of this Coverage Document. W. MOLD RESULTING FROM A NAMED PERIL Unless otherwise excluded elsewhere in this Coverage Document, this Coverage Document covers any loss or damage in the form of, caused by, contributed to or resulting from Fungus, Mold, mildew or yeast, or any Spores or toxins created or produced by or emanating from Fungus, Mold, bacteria, mildew or yeast which the Member establishes is a direct result of an Earthquake, explosion, falling aircraft, fire, Flood, hail, lightning, Named Storm, smoke, tornado, vehicle impact, wind-driven water, and windstorm provided that the Fungus, Mold, mildew or yeast loss or damage is reported to the Pool within 12 months from the date of the loss. X. PROPERTY IN THE COURSE OF CONSTRUCTION AND SOFT COSTS This Coverage Document covers projects in the course of construction. This additional coverage also covers the reasonable and necessary Soft Costs. Y. PROTECTION AND PRESERVATION OF PROPERTY This Coverage Document covers: Property Coverage Document Page 18 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 1) Reasonable and necessary costs, as specified below, incurred for actions to temporarily protect or preserve covered property, provided that the actions are necessary due to actual covered physical loss or damage or to prevent immediately impending covered physical loss or damage. 2) Subject to the deductible provisions that would have applied had physical loss or damage occurred to covered property, this additional coverage covers the reasonable and necessary includes, but is not limited to costs incurred for: a. Fire department fire-fighting charges imposed as a result of responding to a fire in, on or exposing covered property; b. Restoring and recharging fire protection systems following a covered loss; and c. The water used for fighting a fire in, on or exposing covered property. Z. SERVICE INTERRUPTION PROPERTY DAMAGE 1) This Coverage Document covers physical loss or damage to covered property at a MEMBER PROPERTY when the physical loss or damage results from the interruption of the following incoming or outgoing services: electricity, telecommunications, gas, fuel, steam, water, refrigeration, or sewerage because of physical loss or damage to the service suppliers facilities if it is the type covered against for a Member’s covered real and personal property located within the Coverage Territory and the physical loss or damage immediately prevents in whole or in part the delivery of service. 2) This additional coverage will apply when the Period of Service Interruption exceeds the Waiting Period in Section A. a. As a condition of coverage, the Member must immediately notify the service supplier of any interruption to service. b. Coverage is excluded if the interruption of services is caused directly or indirectly by the failure of the Member to comply with the terms and conditions of any contracts the Member has for the supply of services. Period of Service Interruption means the period starting at the time an interruption of specified services occurs and ending when, with due diligence and dispatch, the service could be wholly restored or the time the service was actually restored, whichever is earlier. AA. TERRORISM This Coverage Document covers physical loss or damage caused by or resulting from Terrorism. AB. TRANSIT 1) This Coverage Document covers MEMBER PROPERTY in transit in the Coverage Territory, except as specifically excluded provided that it is: a. Owned by the Member; Property Coverage Document Page 19 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 b. Shipped to customers under F.O.B., C & F or similar terms and the Member’s contingent interest in the shipment is admitted; c. Owned by another and in the actual or constructive custody of the Member, to the extent of the Member’s interest or legal liability; or d. Owned by another if sold by the Member and the Member has agreed before the loss to insure the MEMBER PROPERTY during course of delivery. 2) This additional coverage excludes: a. Samples in the custody of salespeople or selling agents; b. Personal property covered under import or export ocean marine coverage; c. Waterborne shipments, unless: i) By inland water; or ii) By coastal shipments; d. Airborne shipments unless by regularly scheduled passenger airlines or air freight carriers. e. Property of others, including the Member’s legal liability for it, hauled on vehicles owned, leased or operated by the Member when acting as a common or contract carrier; f. Any transporting vehicle; and g. Property shipped between continents, except by land or air between Europe and Asia. 3) Coverage Attachment and Duration: a. Property from the time it leaves the original point of shipment for transit until the property arrives at its destination. Except that coverage on export shipments not covered under ocean cargo policies ends when the property is loaded on board overseas vessels or aircraft and coverage on import shipments not covered under ocean cargo policies begins after discharge from overseas vessels or aircraft. 4) This additional coverage covers a. General average and salvage charges on shipments covered while waterborne; and b. Physical loss or damage caused by or resulting from: i) Unintentional acceptance of fraudulent bills of lading, shipping or messenger receipts; or Property Coverage Document Page 20 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 ii) Improper parties having gained possession of property through fraud or deceit. 5) Transit Exclusions: The exclusions in the Exclusion clause of this Section do not apply to Transit coverage except for: A.1) through A.4), B.1) through B.4), C.1), C.3), C.5), C.6), D.1) and D.2). 6) Additional coverage provisions: a. This additional coverage will not inure directly or indirectly to the benefit of any carrier or bailee. b. As a condition of coverage, the Member may: i) Accept ordinary bills of lading used by carriers, released bills of lading, undervalued bills of lading, and shipping or messenger receipts; ii) Waive subrogation against railroads under sidetrack agreements; and iii) Not enter into any special agreement with carriers releasing them from their common law or statutory liability. AC. VALUABLE PAPERS & RECORDS AND EDP DATA & MEDIA This Coverage Document covers physical loss or damage to Valuable Papers & Records and EDP Data & Media in the Coverage Territory, including while in transit. This additional coverage excludes loss or damage to currency, money or securities and property held as samples for sale or delivery after sale if the property cannot be replaced with other of like kind and quality, unless specifically declared to the Pool. Valuable Papers & Records and EDP Data & Media Exclusions: This Coverage Document does not cover: 1) Errors or omissions in processing, programming or copying unless physical damage not excluded by this Coverage Document results, limited to the resulting damage; or 2) Deterioration, inherent vice, vermin or wear and tear, all unless physical damage not excluded by this coverage results, limited to the resulting damage. Valuable Papers & Records means written, printed or otherwise inscribed documents, securities, and records including but not limited to books, maps, films, drawings, abstracts, evidence of debt, deeds, mortgages, mortgage files, manuscripts and micro or electronically/magnetically inscribed documents, excluding the monetary value of monies and securities. EDP Data & Media means all forms of data, converted data, electronically converted data, programs, applications, instructions and media vehicles employed. Property Coverage Document Page 21 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 4. EXCLUSIONS The following exclusions apply unless specifically stated elsewhere in this Coverage Document: A. This Coverage Document excludes: 1) Indirect or remote loss or damage; 2) Interruption of business except to the extent provided by this coverage document; 3) Loss of market value or loss of use; 4) Loss or damage or deterioration arising from any delay; 5) Mysterious disappearance, loss or shortage disclosed on taking inventory for which the loss can be proven solely on the inventory records, or any unexplained loss; 6) Loss from enforcement of any law or ordinance: a. Regulating the construction, repair, replacement, use or removal, including debris removal, of any property; or b. Requiring the demolition of any property, including the cost in removing its debris; except as provided by the debris removal, decontamination costs and increased cost of construction coverage of the Property Damage section. 7) Loss from any of the accumulated effects of smog, smoke, vapor, liquid, moisture or dust. 8) Damage resulting from lack of faulty or inadequate maintenance. B. This Coverage Document excludes loss or damage directly or indirectly caused by or resulting from any of the following regardless of any other cause or event, whether or not covered under this Coverage Document, contributing concurrently or in any other sequence to the loss: 1) Communicable Disease a. Notwithstanding any other provision of the Coverage Document to the contrary, the Pool excludes any loss, damage, liability, claim, cost or expense of whatsoever nature, directly or indirectly, caused by, contributed to by, resulting from, arising out of, or in connection with a Communicable Disease or the fear or threat (whether actual or perceived) of a Communicable Disease regardless of any other cause or event contributing concurrently or in any other sequence thereto. 2) Nuclear reaction or nuclear radiation or radioactive contamination. However: a. If physical damage by fire or sprinkler leakage results, then only that resulting damage is covered; but not including any loss or damage due to nuclear reaction, radiation or radioactive contamination. b. This Coverage Document does cover physical damage directly caused by sudden and Property Coverage Document Page 22 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 accidental radioactive contamination, including resultant radiation damage, from material used or stored or from processes conducted on the MEMBER PROPERTY, provided that on the date of loss, there is neither a nuclear reactor nor any new or used nuclear fuel on the MEMBER PROPERTY. 3) a. Hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack by any: (i) Government or sovereign power (de jure or de facto); (ii) Military, naval or air force; or (iii) Agent or authority of any party specified in (i) or (ii) above. b. Discharge, explosion or use of any nuclear device, weapon or material employing or involving nuclear fission, fusion or radioactive force, whether in time of peace or war and regardless of who commits the act. c. Insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an event. d. Seizure or destruction under quarantine or custom regulation, or confiscation by order of any governmental or public authority. e. Risks of contraband, or illegal transportation or trade. 4) Except as provided in Section F, Crime Coverage, any dishonest act, including theft, committed alone or in collusion with others, at any time: a. By a Member or any officer, or employee of a Member; or b. By any proprietor, partner, director, trustee, or officer of any business or entity (other than a common carrier) engaged by a Member to do anything in connection with property covered under this Coverage Document. This Coverage Document covers acts of direct covered physical damage intentionally caused by an employee of a Member or any individual specified in b. above, and done without the knowledge of the Member, except loss by theft by any individual specified in a. or b. above. 5) Lack of the following services: a. Incoming or outgoing electricity, fuel, water, gas, steam, refrigerant; b. Incoming or outgoing sewerage; c. Incoming or outgoing telecommunications; all when caused by an Occurrence off the MEMBER PROPERTY, except as provided in Property Coverage Document Page 23 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 Service Interruption in the Property Damage or Time Element sections of this Coverage Document. Except when the lack of such a service directly causes physical damage covered by this Coverage Document on the MEMBER PROPERTY, limited to the resulting damage that is covered. 6) The unlawful possession, use, release, discharge, dispersal or disposal of any chemical or similar agent or matter regardless of who is responsible for the act and whether war has been declared or not, and regardless of any other cause or event contributing concurrently or in any other sequence thereto. C. This Coverage Document excludes the following, unless physical damage not excluded by this Coverage Document results, limited to the resulting damage that is covered: 1) Faulty workmanship, material, construction or design from any cause. 2) Loss or damage to stock or material attributable to manufacturing or processing operations while the stock or material is being processed, manufactured, tested, or otherwise worked on. 3) Deterioration, depletion, rust, corrosion or erosion, wear and tear, inherent vice or latent defect. 4) Settling, cracking, shrinking, bulging, or expansion of foundations (including any pedestal, pad, platform or other property supporting machinery), floors, pavements, walls, ceilings or roofs. 5) Changes of temperature damage (except to machinery or equipment); or changes in relative humidity damage; all whether atmospheric or not. 6) Insect, animal or vermin damage, except damage to Mobile Equipment. 7) Collapse, including any of the following conditions or property or any part of the property: a. An abrupt falling down or caving in; b. Loss of structural integrity, including separation of parts of the property or property in danger of falling down or caving in; or c. Any cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion as such condition relates to (a) or (b) above. This exclusion does not apply: a. To the extent that coverage is caused by one or more of the following: 1. Fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; “sinkhole collapse”; volcanic action; falling objects; weight of snow, ice or sleet; water damage, meaning accidental discharge of water or steam as the direct result of the Property Coverage Document Page 24 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 breaking apart or cracking of a system or appliance containing water or steam; 2. Decay, insect or vermin damage that is hidden from view, unless the presence of such decay is known to a Member prior to collapse; 3. Breakage of building glass; 4. Weight of rain that collects on a roof; 5. Weight of people or personal property; or 6. Use of defective material or methods, in construction, remodeling or renovation if the collapse occurs during the course of construction, remodeling, or renovation. However, if the collapse occurs after construction, remodeling, or renovation is complete and is caused in part by a cause of loss listed in 4.C.7. 1 through 5 above, the Pool will pay for the loss or damage even if use of defective material or methods, in construction remodeling, or renovation, contributes to the collapse. D. This Coverage Document excludes the following unless directly resulting from other physical damage not excluded by this Coverage Document: 1) Contamination including but not limited to the presence of Pollutant or hazardous material; and 2) Shrinkage, changes in color, flavor, texture or finish. 3) Asbestos material defects, treatment, abatements or removal. E. This Coverage Document excludes the following unless directly resulting from the following causes of loss: fire, lightning, Earthquake, explosion, falling aircraft, Flood, smoke, vehicle impact, Named Storm, wind driven water, hail, windstorm, and tornado. 1) Any functioning or malfunctioning of the internet or similar facility, or of any intranet or private network or similar facility, including but not limited to Computer Virus. Computer Virus means a set of corrupting, harmful or otherwise unauthorized instructions or code including a set of maliciously introduced unauthorized instructions or code, programmatic or otherwise, that propagate themselves through a computer system or network of whatsoever nature. Computer Virus includes but is not limited to ‘Trojan Horses’, ‘worms’, and ‘time or logic bombs’. 2) Any corruption, destruction, distortion, erasure or other loss or damage to data, software, or any kind of programming or instruction set. 3) Loss of use or functionality, whether partial or entire, of data, coding, program, software, any computer or computer system or other device dependent upon any microchip or embedded logic, and any ensuing liability or failure of the Member to conduct business. 4) The failure of any of the following, whether owned by you or others: Property Coverage Document Page 25 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 a. Data processing equipment, software, data, or media; b. Hardware or software based computer operating systems; c. Microprocessors; d. Integrated circuits; or, e. Any other electronic equipment, computerized equipment, or similar devices; due to the inability of these items to correctly recognize, process, or accept one or more dates or times as their true calendar date or time. 5) Fungus, Mold(s), mildew or yeast; or any Spores or toxins created or produced by or emanating from such Fungus, Mold(s), mildew or yeast; a. Fungus means, but is not limited to, any of the plants or organisms belonging to the major group fungi, lacking chlorophyll, and including Mold(s), rusts, mildews, smuts and mushrooms; b. Mold(s) means, but is not limited to, any superficial growth produced on damp or decaying organic matter or on living organisms, and fungi that produce Mold(s); c. Spores means any dormant or reproductive body produced by or arising or emanating out of any Fungus, Mold(s), mildew, plants, organisms or microorganisms. F. Privacy or Security Event Liability and Expense Coverage 1) This Coverage Document does not provide coverage for any liability, loss, penalty or expense arising directly or indirectly from any Privacy or Security Event. 2) For purposes of this exclusion the following definitions apply: Computer System means computers and associated input and output devices, data storage devices, networking equipment and backup facilities: a. Operated by and either owned by or leased to any Member; or b. Operated by a third party service provider and used to provide hosted computer application services to the Member or for processing, maintaining, hosting or storing the Member’s electronic data pursuant to a written contract with the Member for such services. Personal Information means an individual’s name in combination with one or more of the following: a. Information concerning the individual that constitutes “nonpublic personal information” as defined in the Gramm-Leach Bliley Act of 1999, as amended, and implementing regulations; Property Coverage Document Page 26 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 b. Medical or health care information concerning the individual, including without limitation “protected health information” as defined in the Health Insurance Portability and Accountability Act of 1996, as amended, and implementing regulations; c. The individual’s Social Security number, driver’s license or state identification number, credit, debit, or other financial account numbers and associated security codes, access codes, passwords or personal identification numbers that allow access to the individual’s financial account information; or d. Other nonpublic personally identifiable information, as protected under any local, state, federal or foreign law; Provided, however, Personal Information does not include information that is lawfully available to the public, including without limitation information lawfully available from any Member or any local, state, federal or foreign governmental entity. Privacy or Security Event means: a. The actual or reasonably suspected theft, loss or unauthorized disclosure of or access to Personal Information in the care, custody or control of the Member or for which the Member is legally responsible, regardless of whether such Personal Information is maintained in electronic, paper or any other format; or b. A violation or failure of the security of a Computer System, including but not limited to unauthorized access, unauthorized use, a denial of service attack or receipt or transmission of malicious code. SECTION C - TIME ELEMENT Capitalized terms in this section refer to the descriptions in the Time Element coverage provision below. 1. LOSS COVERED A. This Coverage Document covers time element loss, as provided in the Time Element coverage, directly resulting from covered physical loss or damage: 1) To property described elsewhere in this Coverage Document and not otherwise excluded by this Coverage Document or otherwise limited in the Time Element coverage provision below; 2) Used by the Member, or for which the Member has contracted use; 3) Located at a MEMBER PROPERTY, or, in the case of personal property, in the Coverage Territory; 4) While in transit as provided by this Coverage Document; and 5) During the period of liability described in this Section. Property Coverage Document Page 27 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 B. This Coverage Document covers time element loss only to the extent it cannot be reduced through: 1) The use of any property or service owned or controlled by the Member; 2) The use of any property or service obtainable from other sources; 3) Working extra time or overtime; or 4) The use of inventory; at a MEMBER PROPERTY or at any other location. C. This Coverage Document covers expenses reasonably and necessarily incurred by the Member to reduce the loss otherwise payable under this Section, not to exceed the amount by which the loss has been reduced. D. Except for leasehold interest, in determining the amount of loss payable, the Pool will consider the experience of the Member before and after and the probable experience during the period of liability. 2. TIME ELEMENT COVERAGE A. Business Income 1) Measurement of Loss: a. The recoverable Business Income loss is the actual loss sustained by the Member of the following during the period of liability: i) Gross Earnings, including Ordinary Payroll; ii) Less all charges and expenses that do not necessarily continue during the interruption of production or suspension of business operations or services; iii) Plus all other earnings derived from the operation of the business. b. In determining the amount payable as the actual loss sustained, the Pool will consider the continuation of only those normal charges and expenses that the amount payable would have been earned had no interruption of production or suspension of business operations or services occurred. c. There is recovery under this coverage only to the extent that the Member is: i) Wholly or partially prevented from producing goods or continuing business operations or services; ii) Unable to make up lost production within a reasonable period of time, not limited to the period during which production is interrupted; iii) Unable to continue such operations or services during the period of liability; and Property Coverage Document Page 28 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 iv) Able to demonstrate a loss of sales for the services or production prevented. 2) Definitions Gross Earnings means: a. For manufacturing operations: the net sales value of production less the cost of all raw stock, materials and supplies used in such production; or b. For mercantile or non-manufacturing operations: the total net sales less cost of merchandise sold, materials and supplies consumed in the operations or services rendered by the Member. Ordinary Payroll means the Member payroll for all employees except officers, executives, department managers, and employees under contract. It is comprised of, but not limited to, the payroll, benefits paid for the payroll, social security (FICA, union dues paid for the payroll, and workers’ compensation paid for the payroll. B. Extra Expense 1) Measurement of Loss: The recoverable extra expense loss will be the reasonable and necessary extra costs incurred by the Member of the following during the period of liability: a. Extra expenses to temporarily continue as nearly normal as practicable the conduct of the Member business in the conditions that would have existed had no physical loss or damage occurred; b. Plus extra costs of temporarily using property or facilities of the Member or others; c. Less any value remaining at the end of the period of liability for property obtained in connection with the above. 2) For an extra expense loss, the following are excluded: a. Any loss of income. b. Costs that normally would have been incurred in conducting the business during the same period had no physical loss or damage occurred. c. Cost of permanent repair or replacement of property that has been damaged or destroyed. d. Any expense recoverable elsewhere in this Coverage Document. C. Leasehold Interest 1) Measurement of Loss: The recoverable leasehold interest loss is as follows: Property Coverage Document Page 29 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 a. If the lease agreement requires continuation of rent, and if the property is wholly untenantable or unusable, the actual rent payable for the unexpired term of the lease; or if the property is partially untenantable or unusable, the proportion of the rent payable for the unexpired term of the lease. b. If the lease is canceled by the lessor pursuant to the lease agreement or by the operation of law, the Lease Interest for the first three months following the loss and the Net Lease Interest for the remaining unexpired term of the lease. 2) Definitions a. Lease Interest means the excess rent paid for the same or similar replacement property over actual rent payable plus cash bonuses or advance rent paid (including maintenance or operating charges) for each month during the unexpired term of the Member’s lease. b. Net Lease Interest means that sum which placed at three percent interest rate compounded annually would equal the Lease Interest (less any amounts otherwise payable hereunder). 3) Leasehold Interest Exclusions: For a leasehold interest loss, the Time Element Exclusions below do not apply and the following exclusions apply instead: This Coverage Document does not cover any increase in loss resulting from the suspension, lapse or cancellation of any lease, or from the Member exercising an option to cancel the lease, or from any act or omission of the Member that constitutes a default under the lease. In addition, there is no coverage for the Member’s loss of leasehold interest directly resulting from damage to personal property. D. Loss of Rents Measurement of Loss: 1) The recoverable loss of rents loss is the actual loss sustained by the Member, excluding non-continuing charges and expenses, of the following during the period of liability: a. The fair rental value of any portion of the property occupied by the Member; b. The income reasonably expected from rentals of unoccupied or unrented portions of the property; and c. The rental income from the rented portions of the property according to bona fide leases, contracts or agreements in force at the time of loss. 2) Loss of Rents Exclusions: For a loss of rents loss, Time Element Exclusion A below does not apply and the following applies instead: This Coverage Document does not cover any loss of rental income during any period in Property Coverage Document Page 30 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 which the Member’s property would not have been tenantable for any reason other than a covered loss. E. Contingent Tax Revenue Interruption (Excluding Earth Movement, Named Storm, and Flood) This Coverage Document covers against loss resulting directly from necessary interruption of sales, property or other tax revenue collected by or due the Member caused by damage or destruction by a peril not excluded from this Coverage Document to property which is not operated by the Member and which wholly or partially prevents the generation of revenue for the account of the Member. 1) In the event of such damage or destruction, the Pool will provide coverage, with limitations as indicated, if the following conditions are both met: a. The Member’s total revenue is reduced to less than 97.5% of the Member anticipated revenue had no loss occurred; and b. The Member’s actual loss is limited to the length of time that would be required with exercise of due diligence and dispatch to rebuild, replace or repair the contributing property beginning on the date of damage to the contributing property, but not limited by the expiration date of this Coverage Document. 2) Deductible: Each loss or series of losses arising out of one event at each MEMBER PROPERTY shall be adjusted separately and from the aggregated amount of all such losses 2.50% of the annual revenue value shall be deducted. 3. TIME ELEMENT COVERAGE EXTENSIONS A. Contingent Business Interruption This Coverage Document covers the actual loss sustained and extra expense incurred by the Member during the period of liability directly resulting from covered physical loss or damage to covered property at direct supplier or customer locations in the Coverage Territory. The term supplier or customer does not include any entity supplying to or receiving from the MEMBER PROPERTY electricity, fuel, gas, water, steam, refrigeration, sewage or telecommunications. B. Extended Period of Indemnity The Gross Earnings and loss of rents are extended to cover the reduction in sales resulting from: 1) The interruption of business covered by Gross Earnings: a. For the additional length of time required to exercise due diligence and dispatch to restore the Member’s business to the condition that would have existed had no loss occurred; and b. Beginning on the date on which the Pool’s liability for loss resulting from interruption of business would terminate if this extension had not been included. 2) The loss or rental income or rental value as covered by Loss of Rents. Property Coverage Document Page 31 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 Extended Period of Indemnity Exclusions: As respects extended period of indemnity, the time element exclusion for increase in loss due to suspension, lapse of any lease, contract or license or order does not apply. This Coverage Document does not cover any increase in loss due to fines or damages for breach of contract or for late or non-completion of orders, or penalties of any nature. Coverage under this extension for the reduction in sales due to contract cancellation is limited to only those sales that would have been earned under the contract during the extended period of indemnity. This Coverage Document does not provide coverage under this extension for more than the number of consecutive days shown in the Limits of Liability provision in Section A. C. Ingress/Egress This Coverage Document covers the actual loss sustained and extra expense incurred by the Member due to the necessary interruption of the Member’s business due to prevention of ingress to or egress from a MEMBER PROPERTY, provided that such prevention is a direct result of covered physical damage to the kind of property not excluded by this Coverage Document located within five miles of the MEMBER PROPERTY incurring loss. Ingress/Egress Exclusions: As respects ingress/egress, the following exclusions are applicable: This Coverage Document does not cover loss resulting from: 1) Lack of incoming or outgoing service consisting of electric, fuel, gas, water, steam, refrigerant, sewerage and telecommunications. 2) Picketing or other action by strikers except for physical damage not excluded by this Coverage Document. This Coverage Document does not provide coverage under this extension for more than the number of consecutive days shown in the Limits of Liability provision in Section A. D. Interruption by Civil Authority This Coverage Document covers the actual loss sustained and extra expense incurred by the Member during the period of liability when access to MEMBER PROPERTY is specifically prohibited by order of civil authority, provided such order is a direct result of actual loss or damage from a peril covered under this Coverage Document to property of the type covered against under this Coverage Document located within five miles of the MEMBER PROPERTY to which access is prohibited. This Coverage Document does not provide coverage under this extension for more than the number of consecutive days shown in the time limits provision in the Limits of Liability. E. On Premises Services This Coverage Document covers the actual loss sustained by the Member during the period of Property Coverage Document Page 32 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 liability directly resulting from physical loss or damage of the type covered to the following property located on the Member premises: 1) Electrical and telecommunications equipment; and 2) Electrical, telecommunications, fuel, gas, water, steam, refrigeration and sewerage transmission lines. F. Protection and Preservation of Property – Time Element This Coverage Document covers the actual loss sustained by the Member to temporarily protect and preserve property covered by this Coverage Document, if the action is necessary to prevent immediately impending physical loss or damage covered by this Coverage Document at the covered property. This extension is subject to the deductible provisions that would have applied had the physical loss or damage occurred. G. Research and Development The Gross Earnings coverage is extended to cover the actual loss sustained by the Member for continuing fixed charges and Ordinary Payroll directly attributable to the interruption of research and development activities that in themselves would not have produced income during the period of liability. The period of liability for this time element coverage extension will be the period from the time of direct physical loss or damage of the type covered by this Coverage Document to the time when the property could be repaired or replaced and made ready for operations under the same or equivalent physical and operating conditions that existed prior to damage. H. Service Interruption – Time Element 1) This Coverage Document covers the actual loss sustained and extra expense incurred by the Member during the Period of Service Interruption at MEMBER PROPERTY when the loss is caused by the interruption of incoming or outgoing services consisting of electricity, gas, fuel, steam, water, refrigeration or from the lack of incoming or outgoing sewerage service by reason of physical loss or damage of the type covered against to real and personal property of the type covered to the facilities of the utility supplier of service located in the Coverage Territory, that immediately prevents in whole or in part the delivery of usable services. 2) This extension will apply when the Period of Service Interruption is in excess of the time shown as Waiting Period in Section A. 3) As a condition of coverage: a. The Member must immediately notify the suppliers of services of any interruption of services. b. Coverage is excluded if the interruption of services is caused directly or indirectly by the failure of the Member to comply with the terms and conditions of any contracts the Member has for the supply of services. Property Coverage Document Page 33 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 4) Period of Service Interruption means the period starting at the time an interruption of specified services occurs and ending when, with due diligence and dispatch, the service could be wholly restored and the MEMBER PROPERTY receiving the service could or would have resumed normal operations following the restorations of service under the same or equivalent physical and operating conditions as provided by the period of liability provision of this Section, limited to only those hours during which the Member would or could have used service if it had been available. 4. PERIOD OF LIABILITY A. The period of liability applying to all Time Element Coverage, except leasehold interest, or as otherwise provided under the Time Element Coverage Extensions, is as follows: 1) For building and equipment, the period, not to be limited by the expiration of this Coverage Document: a. Starting from the time of physical loss or damage of the type covered against; and b. Ending when with due diligence and dispatch the building and equipment could be: i) Repaired or replaced; and ii) Made ready for operations; under the same or equivalent physical and operating conditions that existed before the damage. 2) For building and equipment under construction: a. The equivalent of the above period of time applied to the level of business that would have been reasonably achieved after construction and startup would have been completed had no physical damage occurred; and b. Considering the actual experience of the business compiled after completion of the construction and startup. 3) For stock-in-process and mercantile stock, including finished goods not manufactured by the Member, the time required with the exercise of due diligence and dispatch: a. To restore stock in process to the same state of manufacture in which it stood at the beginning of the interruption of production or suspension of business operations or services; and b. To replace physically damaged mercantile stock. This provision does not apply to loss of rents. 4) For raw materials and supplies, the period of time: Property Coverage Document Page 34 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 a. Of actual interruption of production or suspension of operations or services resulting from the inability to get suitable raw materials and supplies to replace similar ones damaged; but b. Limited to that period for which the damaged raw material and supplies would have supplied operating needs. 5) If water: a. Used for any manufacturing purpose, including but not limited to as a raw material or for power; b. Stored behind dams or in reservoirs; and c. At any MEMBER PROPERTY; is released as the result of physical damage of the type covered against under this Coverage Document to such dam, reservoir or connected equipment, coverage due to inadequate water supply is limited to 30 consecutive days after the damaged dam, reservoir or connected equipment has been repaired or replaced. This provision does not apply to loss of rents. 6) For physically damaged exposed film, records, manuscripts and drawings, the time required to copy from backups or from originals of a previous generation. This time does not include research, engineering or any other time necessary to restore or recreate lost information. This provision does not apply to loss of rents. 7) For physically damaged or destroyed data, programs or other software stored on electronic, electro-mechanical, electro-magnetic data processing or production equipment, the time to recreate or restore including the time for researching or engineering lost information. This item does not apply to loss of rents. If an order of civil authority prohibits access to the MEMBER PROPERTY and the order is the direct result of physical damage of the type covered against under this Coverage Document at the MEMBER PROPERTY or within five miles of it, the period of time starting at the time of physical damage, not to exceed the time limits provision in Limits of Liability. B. The period of liability does not include any additional time due to the Member's inability to resume operations for any reason, including: 1) Making changes to equipment; 2) Making changes to the buildings or structures, except as provided in the Increased Cost of Construction provisions; or Property Coverage Document Page 35 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 3) Restaffing or retraining employees. If two or more periods of liability apply, the periods will not be cumulative. 5. TIME ELEMENT EXCLUSIONS In addition to exclusion elsewhere in this Coverage Document, the following exclusions apply to time element loss: This Coverage Document does not cover: A. Any loss during an idle period, including when production, operation, service or delivery or receipt of goods would cease, or would not have taken place or would have been prevented due to: 1) Physical loss or damage not covered by this Coverage Document on or off of the MEMBER PROPERTY; 2) Planned or rescheduled shutdown; 3) Strikes or other work stoppage; or 4) Any other reason other than physical loss or damage covered by this Coverage Document. B. Any increase in loss due to: 1) Suspension, cancellation or lapse of any lease, contract, license or orders; 2) Fines or damages for breach of contract or for late or non-completion of orders; 3) For penalties of any nature; or 4) Any other consequential or remote loss. C. Any loss resulting from loss or damage to finished goods manufactured by the Member, nor the time required for their reproduction. SECTION D - EQUIPMENT BREAKDOWN 1. LIMIT OF LIABILITY The most the Pool will pay for any and all coverages for loss or damage from any One Breakdown is the limit shown for Equipment Breakdown in Section A. Limits of Liability provision section. 2. EQUIPMENT BREAKDOWN COVERAGE EXTENSIONS The limits for coverage extensions are part of, not in addition to, the limit of liability for Equipment Breakdown shown in the Limits of Liability provision section. A. Spoilage 1) This Coverage Document covers the spoilage damage to raw materials, property in process or finished products, provided all of the following conditions are met: Property Coverage Document Page 36 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 a. The raw materials, property in process or finished products must be in storage or in the course of being manufactured; b. The Member must own or be legally liable under written contract for the raw materials, property in process or finished products; and c. The spoilage damage must be due to the lack or excess of power, light, heat, steam or refrigeration. 2) The Coverage Document also covers any necessary expenses the Member incurs to reduce the amount of loss under this coverage not to exceed the amount of loss that otherwise would have been payable under the Coverage Document. B. Service Interruption This Coverage Document covers loss resulting from the interruption of utility services provided all of the following conditions are met: 1) The interruption is the direct result of a Breakdown to Covered Equipment owned, operated or controlled by the local private or public utility or distributor that directly generates, transmits, distributes or provides utility services which the Member receives; 2) The Covered Equipment is used to supply electricity , telecommunication services, air conditioning, heating, gas, fuel, sewer, water, refrigeration or steam to the Member premises; and 3) The Period of Service Interruption lasts at least the consecutive period of time shown in the Waiting Period provision of Section A. Once this Waiting Period is met, coverage will begin at the initial time of the interruption and is subject to all applicable deductibles. C. Business Income 1) This Coverage Document covers the Member’s actual loss of business income that results directly from the necessary total or partial interruption of the Member business caused by a Breakdown. 2) This Coverage Document also covers any necessary expenses the Member incurs to reduce the amount of loss under this coverage not to exceed the amount of loss that otherwise would have been payable under the Coverage Document. 3) The Pool will consider the actual experience of the Member’s business before the loss or damage and the probable experience the Member would have had without the loss or damage in determining the amount of its payment. 4) This coverage continues until the date the damaged property is repaired or replaced. D. Expediting Costs This Coverage Document covers the reasonable and necessary costs incurred to pay for the temporary repair of covered damage to covered equipment and to expedite the permanent repair or replacement of such damaged property caused by a Breakdown. Property Coverage Document Page 37 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 This coverage extension does not cover costs: 1) Recoverable elsewhere in this Coverage Document; or 2) Of permanent repair or replacement of damaged property. E. Hazardous Substance This Coverage Document will cover any Additional Expenses incurred by the Member for the clean-up, repair or replacement or disposal of covered equipment that is damaged, contaminated or polluted by a hazardous substance caused by a Breakdown. As used here, Additional Expenses mean the additional cost incurred over and above the amount that the Pool would have paid had no hazardous substance been involved with the loss. F. Ammonia Contamination This Coverage Document will cover the spoilage to covered equipment contaminated by ammonia, including any salvage expense caused by a Breakdown. G. Water Damage This Coverage Document will cover the damage to covered equipment by water including any salvage expenses caused by a Breakdown, except no coverage applies to damage resulting from leakage of a sprinkler system or domestic water piping. H. Consequential Loss This Coverage Document covers the reduction in the value of undamaged Stock parts of a product which becomes unmarketable. The reduction in value must be caused by a physical loss or damage to another part of the product. I. Electronic Data & Media This Coverage Document covers the Member cost to research, replace or restore damaged Electronic Data and Media including the cost to reprogram instructions used in any Computer Equipment if the loss is caused by a Breakdown. J. CFC Refrigerants This Coverage Document covers the additional cost to repair or replace covered equipment because of the use or presence of a refrigerant containing CFC (chlorinated fluorocarbon) substances if the loss is caused by a Breakdown. This means the additional expense to do the least expensive of the following: 1) Repair the damaged property and replace any lost CFC refrigerant; 2) Repair the damaged property, retrofit the system to accept a non-CFC refrigerant and charge the system with a non-CFC refrigerant; or 3) Replace the system with one using a non-CFC refrigerant. Property Coverage Document Page 38 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 K. Computer Equipment This Coverage Document covers for direct damage to Computer Equipment that is damaged by a Breakdown to the equipment. 3. DEFINITIONS RELATING ONLY TO THIS SECTION A. Breakdown means the direct physical loss, unless the loss or damage is otherwise excluded in the Coverage Document, resulting from one or more of the following items that causes damage to Covered Equipment and necessitates its repair or replacement: 1) Failure of pressure or vacuum equipment; 2) Mechanical failure including rupture or bursting caused by centrifugal force; 3) Electrical failure including arcing; 4) Explosion of steam boilers, steam piping, steam engines or steam turbines owned or leased by you, or operated under your control; 5) Loss or damage to steam boilers, steam pipes, steam engines or steam turbines caused by or resulting from any condition or event inside such equipment; or 6) Loss or damage to hot water boilers or other water heating equipment caused by or resulting from any condition or event inside such boilers or equipment. Breakdown excludes: 1) Malfunction including adjustment, alignment, calibration, cleaning or modification; 2) Defects, erasures, errors, limitations or viruses in Computer Equipment and programs including the inability to recognize and process any date or time or provide instructions to Covered Equipment; 3) Leakage at any valve, fitting, shaft seal, gland packing, joint or connection; 4) Damage to any vacuum tube, gas tube, or brush; 5) Damage to any structure or foundation supporting the Covered Equipment or any of its parts; 6) The functioning of any safety or protective device; or 7) The cracking of any part on an internal combustion gas turbine exposed to the products of combustion. B. Covered Equipment means: 1) Equipment built to operate under internal pressure or vacuum other than weight of contents; Property Coverage Document Page 39 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 2) Electrical or mechanical equipment that is used in the generation, transmission or utilization of energy; and 3) Communication equipment and computer equipment. Covered Equipment excludes: 1) Part of pressure or vacuum equipment that is not under internal pressure of its contents or internal vacuum; 2) Insulating or refractory material, except the glass lining of any Covered Equipment; 3) Non-metallic pressure or vacuum equipment, unless it is constructed and used in accordance with the American Society of Mechanical Engineers code or another appropriate and approved code; 4) Catalyst; 5) Vessels, piping and other equipment that is buried below ground and requires the excavation of materials to inspect, remove, repair or replace; 6) Structure, foundation, cabinet or compartment supporting or containing the Covered Equipment or part of the Covered Equipment including penstock, draft tube or well casing; 7) Vehicle, aircraft, self-propelled equipment or floating vessel including any Covered Equipment that is mounted upon or used solely with any one or more vehicle, aircraft, self- propelled equipment or floating vessel; 8) Dragline, excavation, or construction equipment including any Covered Equipment that is mounted upon or used solely with any one or more dragline(s), excavation, or construction equipment; 9) Felt, wire screen, die, extrusion plate, swing hammer, grinding disc, cutting blade, non- electrical cable, chain, belt, rope, clutch plate, brake pad, non-metal part or any part or tool subject to periodic replacement; and 10) Equipment or any part of such equipment manufactured by the Member for sale. 11) Power and gas generation utility equipment. C. Computer Equipment means covered property that is electronic computer or other electronic Data processing equipment, including Media and peripherals used in conjunction with such equipment. D. Hazardous Substance means any substance other than ammonia that has been declared to be hazardous to health by a government agency. E. One Breakdown means if an initial Breakdown causes other Breakdowns, all will be considered One Breakdown. All Breakdowns at any one premise that manifest themselves at the same Property Coverage Document Page 40 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 time and are the direct result of the same cause will be considered One Breakdown. F. Stock means merchandise held in storage or for sale, raw materials, property in process or finished products including supplies used in their packing or shipping. SECTION E - LOSS ADJUSTMENT AND SETTLEMENT 1. LOSS ADJUSTMENT/PAYABLE Loss, if any, will be adjusted with and payable to the Member or as may be directed by the Member. Additional covered interests will also be included in loss payment as their interests may appear when named as additional Member, lender, mortgagee and/or loss payee in the certificates of coverage on file with the Pool or named below. 2. CURRENCY FOR LOSS PAYMENT Losses will be adjusted and paid in the currency of the United States of America. 3. VALUATION Adjustment of the physical damage loss amount under this Coverage Document will be computed as of the date of loss at the MEMBER PROPERTY, and for no more than the interest of the Member, subject to the following: A. On stock in process, the value of raw materials and labor expended plus the proper proportion of overhead charges. B. On finished goods manufactured by the Member, the regular cash selling price at the MEMBER PROPERTY where the loss happens, less all discounts and charges to which the finished goods would have been subject had no loss happened. C. On raw materials, supplies and other merchandise not manufactured by the Member: 1) If repaired or replaced, the actual expenditure incurred in repairing or replacing the damaged or destroyed property; or 2) If not repaired or replaced, the Actual Cash Value. D. On property covered under Deferred Payments, the lesser of the: 1) Total amount of unpaid installments less finance charges; 2) Actual Cash Value of the property at the time of loss; or 3) Cost to repair or replace with material of like size, kind and quality. E. On Fine Arts articles, the lesser of: 1) The reasonable and necessary cost to repair or restore such property to the physical condition that existed on the date of loss; 2) Cost to replace the article; or Property Coverage Document Page 41 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 3) Current market value at the time of the loss not to exceed value scheduled. In the event a Fine Arts article is part of a pair or set, and a physically damaged article cannot be replaced, or repaired or restored to the condition that existed immediately prior to the loss, the Pool will be liable for the lesser of the full value of the pair or set or the amount designated on the schedule. The Member agrees to surrender the pair or set to the Pool. F. On Valuable Papers & Records and Electronic Data & Media: On data, programs or software stored on electronic, electro-mechanical, or electro-magnetic data processing or production equipment: 1) The cost to repair, replace or restore data, programs or software including the costs to recreate, research and engineer; or 2) If not repaired, replaced or restored within two years from the date of loss, the blank value of the media. G. On all other Valuable Papers & Records and EDP Data & Media, the lesser of: 1) The cost to repair or restore, including the cost to recreate, research and engineer the item to the condition that existed immediately prior to the loss; or 2) The cost to replace the item. H. On Mobile Equipment and watercraft (including trailer), the lesser of the following at the time of the loss: 1) The cost to repair; 2) The cost to replace the property with new Mobile Equipment or watercraft of like kind and quality at the time of loss, if less than or equal to two years from December 31 of model year. 3) The cost to replace the property with equipment of like kind and quality, with proper deduction for obsolescence and physical depreciation, if more than two years of manufacturer’s model year, but not more than the amount scheduled; 4) If not repaired or replaced, the Actual Cash Value; or 5) The scheduled value. The cost to repair or replace a trailer that is attached to a covered watercraft will not exceed $1,500. I. On historical property, valuation will be based upon the following requirements: 1) The Member shall provide written notice to the Pool, which specifically identifies where the Property Coverage Document Page 42 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 property is located, when it was built, its total square footage with an attached appraisal based upon Reproduction Cost value that was conducted within five years of the effective date of this Coverage Document. 2) At the time of loss, the basis of valuation for historical property, when the Member has not complied, will be replacement cost. Where the Member has complied with the requirements, the basis of valuation will be Reproduction Cost or, if not replaced, at Actual Cash Value. Reproduction Cost means the cost to repair, rebuild or replace with material of like, kind and quality compatible to those originally used, including the cost of skilled labor and authentic materials necessary to restore the property as nearly as possible to its original condition. J. On property in transit: 1) Property shipped to or for the account of the Member will be valued at actual invoice to the Member, plus accrued costs and charges legally due and the Member commission as selling agent. 2) Property sold by the Member and shipped to or for the purchaser’s account will be valued at the Member selling invoice amount plus prepaid or advanced freight costs. 3) Property not under invoice will be valued: at the actual cash market value at the destination point on the date of Occurrence, less any charges saved that would have become due and payable upon arrival at destination. K. On Vacant Property: 1) If the building or leased premises has been Vacant for a period of more than 90 consecutive days before the loss or damage occurs, the Pool will not pay for any loss or damage caused by any of the following: a. Vandalism b. Sprinkler leakage c. Building glass breakage d. Water damage e. Theft, or attempted theft 2) With respect to direct physical loss or damage, other than from causes listed in 1) a. through 1) e. above, and not otherwise excluded by this policy, the Pool will reduce the amount the Pool would otherwise pay for the loss or damage by 15%. L. On all other property, the loss amount will not exceed the lesser of: 1) The cost to repair; 2) The cost to rebuild or replace on the same site with new materials of like size, kind and Property Coverage Document Page 43 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 quality; 3) The cost in rebuilding, repairing or replacing on the same or another site, but not to exceed the size and operating capacity that existed on the date of loss; 4) The selling price of real property or machinery and equipment, other than stock, offered for sale on the date of loss; 5) The cost to replace unrepairable electrical or mechanical equipment, including computer equipment, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has technological advantages or represents an improvement in function and/or forms part of a program of system enhancement; 6) The increased cost of demolition, if any, resulting from loss covered by this Coverage Document, if the property is scheduled for demolition; 7) The unamortized value of improvements and betterments, if the property is not repaired or replaced at the Member’s expense; or 8) The Actual Cash Value if the property is: a. Useless to the Member; or b. Not repaired, replaced or rebuilt on the same or another site within two years from the date of loss. The Member may elect not to repair or replace the Member’s real or personal property lost, damaged or destroyed. The Member may elect loss settlement on the lesser of repair or replacement cost basis if the proceeds of the loss settlement are expended on other capital expenditures related to the Member’s operations within two years from the date of loss. As a condition of collecting under this provision, expenditure must be unplanned as of the date of loss and be made at a MEMBER PROPERTY under this Coverage Document. This provision does not extend to increased cost of construction. 4. LOSS CONDITIONS A. Requirements in Case of Loss The Member must: 1) Give written notice to the Pool of any loss as soon as practicable; 2) This Coverage Document does not cover loss or damage that the Member fails to report to the Pool no later than two years after the date of loss. 3) Protect the property from further loss or damage; 4) Promptly separate the damaged and undamaged property; put it in the best possible order, and furnish a complete inventory of the lost, destroyed, damaged and undamaged property Property Coverage Document Page 44 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 showing in detail the quantities, costs, Actual Cash Value, replacement value and amount of loss claimed; 5) Give a signed and sworn proof of loss to the Pool within 90 days after the loss, unless that time is extended in writing by the Pool, stating the knowledge and belief of the Member as to: a. The time and origin of the loss; b. The Member interest and that of all others in the property; c. The Actual Cash Value and replacement value of each item and the amount of loss to each item, all encumbrances, and all other contracts of coverage, whether valid or not, covering any of the property; d. Any changes in the title, use, occupation, location, possession or exposures of the property since the effective date of this Coverage Document; and e. By whom and for what purpose any MEMBER PROPERTY covered by this Coverage Document was occupied on the date of loss, and whether or not it then stood on leased ground; 6) Include a copy of all the descriptions and schedules in all policies and, if required, provide verified plans and specifications of any buildings, fixtures, machinery or equipment destroyed or damaged; and 7) As often as may be reasonably required by the Pool: a. Exhibit to any person designated by the Pool all that remains of any property; b. Submit to examinations under oath by any person designated by the Pool and sign the written records of examinations; and c. Produce for examination at the request of the Pool at such reasonable times and places that may be designated by the Pool or its representative and permit extracts and machine copies to be made: i) All books of accounts, business records, bills, invoices and other vouchers; or ii) Certified copies if originals are lost. B. Pool Option The Pool has the option to take all or any part of damaged personal property at the agreed or appraised value. The Pool must give notice to the Member of its intention to do so not later than 30 days after receipt of proof of loss. C. Abandonment The Member may not abandon any property to the Pool. Property Coverage Document Page 45 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 D. Subrogation The Member is required to cooperate in any subrogation proceedings. The Pool may require from the Member an assignment or other transfer of all rights of recovery against any party for loss to the extent of the Pool payment. Any recovery from subrogation proceedings, less costs incurred by the Pool in such proceedings, will be payable to the Member in the proportion that the amount of any applicable deductible bears to the entire covered loss amount. E. Appraisal The appraisal process is available to determine the value of a covered loss but is not available to determine whether a loss is covered. If the Member and the Pool fail to agree on the amount of loss, each will, on the written demand of either, select a competent and disinterested appraiser, but only after: 1) The Member has fully complied with all provisions of this Coverage Document, including Requirements In Case of Loss; and 2) The Pool has received a signed and sworn proof of loss from the Member. Each will notify the other of the appraiser selected within 30 days of the demand. The appraisers will first select a competent and disinterested umpire. If the appraisers fail to agree upon an umpire within 30 days after their selection, the Member and the Pool shall jointly move to have an umpire selected by a judge of a court of record in the jurisdiction in which the appraisal is pending. The appraisers will then identify each item of physical damage or loss and appraise the amount of loss. The appraisal shall include a detailed breakdown of the costs necessary to repair or replace the item, and will state separately the Actual Cash Value and replacement cost value as of the date of loss and the amount of loss, for each item of physical loss or damage or if, for time element loss, the amount of loss for each time element coverage of this Coverage Document. If the appraisers fail to agree, they will submit their differences to the umpire. The umpire will review the appraisals prepared by the appraisers selected by the Member and the Pool and will inspect the property prior to preparing his appraisal. The appraisers for the Member and the Pool will be afforded the opportunity to attend the umpire’s inspection of the property and provide sufficient input to allow the umpire to understand the nature and reasons for the differences between the appraisals. After inspecting the property and receiving input from the appraisers, the umpire will identify each item of physical loss or damage and shall appraise the amount of the loss for each item. The umpire’s appraisal will include a detailed breakdown of the costs necessary to repair or replace the item and state separately the Actual Cash Value and replacement cost value as of the date of the loss. An award agreed to in writing by any two of the three appraisers will determine the amount of loss. The appraisal award is subject to all terms of the Coverage Document, and may be reduced by the application of a deductible. The Member and the Pool will each: 1) Pay its chosen appraiser; and Property Coverage Document Page 46 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 2) Bear equally the other expenses of the appraisal and umpire. A demand for appraisal does not relieve the Member of its continuing obligation to comply with the terms and conditions of this Coverage Document, including the Requirements In Case of Loss. The Pool does not waive any of its rights by any act relating to appraisal. F. Suit Against the Pool No suit, action or proceeding for the recovery of any claim will be sustained in any court of law or equity unless the following adjudication procedures are satisfied: 1) As a condition precedent to filing suit, the Member has fully complied with all the provisions of this Coverage Document, including providing proof of loss; 2) As a condition precedent to filing suit, the Member must attend at least a one-day mediation before a mutually agreeable mediator, unless this provision is waived by both Member and the Pool in writing; 3) Any suit against the Pool arising from a claim or loss must be filed within 12 months of the date the Pool takes its final action with respect to the claim or loss. If under the coverage laws of the jurisdiction in which the property is located, such 12 months’ limitation is invalid, then the legal action needs to be started within the shortest limit of time permitted by law. 4) Any suit, action or proceeding against the Pool must be brought in District Court in Travis County, Texas. Nothing in this Coverage Document is intended to waive any immunity of either Member or the Pool. 5. SETTLEMENT OF CLAIMS The amount of loss, except for accounts receivable coverage, for which the Pool may be liable will be paid after: A. Proof of loss is received by the Pool; and B. When a resolution of the amount of loss is made either by: 1) Written agreement between the Member and the Pool; or 2) The filing with the Pool of an award as provided in the Appraisal provisions of this section. 6. COLLECTION FROM OTHERS The Pool will not be liable for any loss to the extent that the Member has collected such loss from others. 7. PARTIAL PAYMENT OF LOSS SETTLEMENT If a loss occurs that the Pool has determined is a covered loss or damage under this Coverage Document in excess of the applicable Coverage Document deductible, the Pool will advance Property Coverage Document Page 47 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 mutually agreed upon partial payment on the Member loss or damage, subject to the Coverage Document’s provisions. To obtain partial payments, the Member will submit a signed and sworn proof of loss with adequate supporting documentation. 8. JURISDICTION This Coverage Document will be governed by United States of America Law. Any disputes arising hereunder will be exclusively subject to United States of America jurisdiction SECTION F - CRIME COVERAGE Terms, conditions and definitions below may vary from the terms, conditions and definitions set forth in Sections A, B, C, D, E and G. To the extent terms and definitions between Sections A, B, C, D, E and G and this Section F, Crime Coverage, conflict, for purposes of an act, event, or series of acts or events triggering Crime Coverage, the terms and definitions under Section F, Crime Coverage, control. 1. CRIME GENERAL PROVISIONS A. Definitions 1) Employee means: a. An appointed or elected official of a Member; b. Any natural person: (i) While in the Member’s service (and for 30 days after termination of service); and (ii) Whom the Member compensates directly by salary, wages or commissions; and (iii) Whom the Member has the right to direct and control while performing services for the Member; or c. Any natural person employed by an employment contractor while that person is subject to the Member’s direction and control and performing services for the Member excluding, however, any such person while having care and custody of property outside the premises. d. Volunteers, but only while performing duties related to the conduct of the Member’s business. But Employee does not mean any: a. Agent, broker, factor, commission merchant, consignee, independent contractor or representative of the same general character; or b. Trustee except while performing acts coming within the scope of the usual duties of an Employee. 2) Employee Dishonesty means only dishonest acts committed by an Employee, whether Property Coverage Document Page 48 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 identified or not, acting alone or in collusion with other persons, with the manifest intent to: a. Cause the Member to sustain loss; and also b. Obtain financial benefit (other than salaries, commissions, fees, bonuses, promotions, awards, profit sharing, pensions or other Employee benefits earned in the normal cause of employment) for the employee or any person or organization other than the employing political subdivisions, intended by the Employee to receive that benefit. 3) Money means: a. Currency, coins and bank notes in current use and having a face value; and b. Travelers checks, register checks and Money orders held for sale to the public. 4. Property Other Than Money and Securities means any tangible Property Other Than Money and Securities that has intrinsic value but does not include any property listed in any Coverage as Property Not Covered. 5. Securities means negotiable and non-negotiable instruments or contracts representing either Money or other property and includes: a. Tokens, tickets, revenue and other stamps (whether represented by actual stamps or unused value in a meter) in current use; and b. Evidences of debt issued in connection with credit or charge cards, which cards are not issued by the Member; but does not include Money. B. General Exclusions In addition to exclusions set forth in other sections of this Coverage Document, the Pool will not pay for loss as specified below: 1) Indirect Loss: Loss that is an indirect result of any act or Occurrence covered by this Coverage Document including, but not limited to, loss resulting from: a. The Member’s inability to realize income that the Member would have realized had there been no loss of, or loss from damage to, Covered Property. b. Payment of damages of any type for which the Member is legally liable. But, the Pool will pay compensatory damages arising directly from a loss covered hereunder. c. Payment of costs, fees or other expenses the Member incurs in establishing either the existence or the amount of loss hereunder. 2) Legal Expenses: Expenses related to any legal action. C. General Crime Conditions 1) Consolidation - Merger: If any additional persons become Employees after the inception Property Coverage Document Page 49 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 date of this Coverage Document, any coverage afforded for Employees also applies to those additional Employees. 2) Discovery Period for Loss: The Pool will pay only for covered loss discovered no later than one year from the end of the policy period. 3) Joint Member a. If more than one Member is named in the CCD, the first named Member will act for itself and for every other Member for all purposes of this coverage. If the first named Member ceases to be covered, then the next named Member will become the first named Member. b. If any Member or official of that Member has knowledge of any information relevant to this coverage, that knowledge is considered knowledge of every Member. c. An Employee of any Member is considered to be an Employee of every Member. d. If this Coverage Document or any of its coverages are cancelled or terminated as to any Member, loss sustained by that Member is covered only if discovered no later than one year from the date of that cancellation or termination. e. The Pool will not pay more for loss sustained by more than one Member than the amount the Pool would pay if all the loss had been sustained by one Member. 4) Loss Covered Under More Than One Coverage of This Coverage Document: If two or more Coverages of this Coverage Document apply to the same loss, the Pool will pay the lesser of the actual amount of loss up to limit as stated on the CCD. 5) Loss Sustained During Prior Coverage or Insurance a. If the Member, or any predecessor in interest, sustained loss during the period of any prior coverage that the Member or any predecessor in interest could have recovered under that coverage or insurance except that the time within which to discover loss had expired, the Pool will pay for it under this coverage, provided; (i) This coverage became effective at the time of cancellation or termination of the prior coverage; and (ii) This loss would have been covered by this coverage had it been in effect when the acts or events causing the loss were committed or occurred. b. The coverage under this condition is part of, not in addition to, the limits of liability applying to this coverage and is limited to the lesser of the amount recoverable under: (i) This coverage as of its effective date; or (ii) The prior coverage or insurance had it remained in effect. Property Coverage Document Page 50 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 6) Loss Covered Under This Coverage and Prior Coverage or Insurance Issued by the Pool or any Affiliate If any loss is covered: a. Partly by this coverage; and b. Partly by any prior cancelled or terminated coverage or insurance that the Pool or any affiliate had issued to the Member or any predecessor in interest; the most the Pool will pay is the larger of the amount recoverable under this coverage or the prior coverage or insurance. 7) Non-Cumulation of Limits of Liability Regardless of the number of years this coverage remains in force or the number of Contributions paid, no limits of liability cumulates from year to year or period to period. 8) Other Coverage, Bonds or Insurance This coverage does not apply to loss recoverable or recovered under other coverage, bonds, insurance or indemnity. However, if the limit of the other coverage, bonds, insurance or indemnity is insufficient to cover the entire amount of the loss, this coverage will apply to that part of the loss, other than that falling within any deductible amount, not recoverable or recovered under the other coverage, bonds, insurance or indemnity, but not for more than the limits of liability. 9) Recoveries a. Any recoveries, less the cost of obtaining them, made after settlement of loss covered hereunder will be distributed as follows: (i) To the Member, until the Member is reimbursed for any loss that the Member sustains that exceeds the limits of liability and the deductible amount, if any; (ii) Then to the Pool, until the Pool is reimbursed for the settlement made; (iii) Then to the Member, until the Member is reimbursed for that part of the loss equal to the deductible amount, if any. b. Recoveries do not include any recovery; (i) From insurance, suretyship, reinsurance, security or indemnity taken for the Pool’s benefit; or (ii) Of original Securities after duplicates of them have been issued. 10) Valuation – Settlement a. Subject to the applicable Limits of Liability provision, the Pool will pay for: Property Coverage Document Page 51 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 (i) Loss of Money but only up to and including its face value. The Pool may, at the Pool’s option, pay for loss of Money issued by any country other than the United States of America: (a) At face value in the Money issued by that country; or (b) In the United States of America dollar equivalent on the day the loss was discovered. (ii) Loss of Securities but only up to and including their value at the close of business on the day the loss was discovered. The Pool may, at the Pool’s option: (a) Pay the value of such Securities or replace them in kind, in which event the Member must assign to the Pool all the Member’s rights, title and interest in and to those Securities; (b) Pay the cost of any Lost Securities Bond required in connection with issuing duplicates of the Securities. However, the Pool will be liable only for the payment of so much of the cost of the bond as would be charged for a bond having a penalty not exceeding the lesser of the: 1. Value of the Securities at the close of business on the day the loss was discovered; or 2. Limit of liability. 2. COVERAGE PROVIDED A. Employee Dishonesty Coverage The Pool will pay for loss of and loss from damage to Covered Property resulting directly from the Covered Cause of Loss. 1) Covered Property: Money, Securities, and Property Other Than Money and Securities. 2) Covered Cause of Loss: a. Employee Dishonesty b. Failure of any Employee to faithfully perform his or her duties as prescribed by law, when such failure has as its direct and immediate result a loss of the Member’s Covered Property, including inability to faithfully perform those duties because of a criminal act committed by a person other than an Employee. 3) Coverage Extension and Limitation Employees Temporarily Outside Coverage Territory: The Pool will pay for loss caused by any Employee while temporarily outside the territory specified in the Territory General Condition for a period not more than 90 days. 4) Additional Exclusions, Conditions, and Definitions: Property Coverage Document Page 52 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 In addition, this employee dishonesty coverage is subject to the following: a. Additional Exclusions: The Pool will not pay for loss or damages as specified below: (i) Employee Cancelled Under Prior Coverage or Insurance: loss caused by any Employee for whom similar prior coverage or insurance has been cancelled and not reinstated since the last such cancellation. (ii) Inventory Shortages: loss, or that part of any loss, the proof of which as to its existence or amount is dependent upon: (a) An inventory computation; or (b) A profit and loss computation. (iii) Damages: damages for which the Member is legally liable as a result of: (a) The deprivation or violation of the civil rights of any person by an Employee; or (b) The tortious conduct of an Employee, except conversion of property of other parties held by the Member in any capacity. (iv) Depository Failure: Loss resulting from the failure of any entity acting as a depository for the Member’s property or property for which the Member is responsible. b. Additional Conditions: (i) The Member must give the Pool notice as soon as possible of any loss of the type covered under this Coverage even though it falls entirely within the deductible amount. (ii) Cancellation As To Any Employee: This coverage is cancelled as to any Employee: (a) Immediately upon discovery by the Member or any official or Employee authorized to manage, govern or control the Member’s Employees, of any act on the part of an Employee whether before or after becoming employed by the Member which would constitute a loss covered under the terms of this coverage. (b) On the date specified in a notice mailed to the Member. That date will be at least 60 days after the date of mailing. The mailing of notice to the Member at the last mailing address known to the Pool will be sufficient proof of notice. Delivery of notice is the same as mailing. (iii) Sole Benefit: This coverage is for the Member’s sole benefit. No legal proceeding of any kind to recover on account of loss under this coverage may be brought by Property Coverage Document Page 53 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 anyone other than the Member. (iv) Indemnification: The Pool will indemnify any of the Member’s officials who are required by law to give bonds for the faithful performance of their service against loss through the failure of any Employee under the supervision of that official to faithfully perform his or her duties as prescribed by law, when such failure has as its direct and immediate result a loss of the Member’s Covered Property, including inability to faithfully perform those duties because of a criminal act committed by a person other than an Employee. c. Additional Definitions (i) Occurrence means all loss caused by, or involving, one or more Employees, whether the result of a single act or series of acts. B. Forgery or Alteration Coverage The Pool will pay for loss involving Covered Instruments resulting directly from the Covered Causes of Loss. 1) Covered Instruments means checks, drafts, promissory notes, or similar written promises, orders or directions to pay a sum certain in Money that are: a. Made or drawn by or drawn upon the Member; b. Made or drawn by one acting as the Member’s agent; or c. That are purported to have been so made or drawn. 2) Covered Causes of Loss: Forgery or alteration of, on or in any Covered Instrument. 3) Coverage Extension Legal Expenses: If the Member is sued for refusing to pay any Covered Instrument on the basis that it has been forged or altered, and the Member has the Pool’s written consent to defend against the suit, the Pool will pay for any reasonable legal expenses that the Member incurs and pay in that defense. The amount the Pool will pay under this extension is in addition to the limits of liability applicable to this coverage. 4) Deductible The Pool will not pay for loss in any one Occurrence unless the amount of loss exceeds the deductible amount shown in the CCD. The Pool will then pay the amount of loss in excess of the deductible amount, up to the limits of liability. This provision does not apply to legal expenses paid under the coverage extension. 5) Additional Exclusions, Conditions and Definitions In addition to the provisions in the Crime General Provisions, this coverage is also subject to the following: a. Additional Exclusion Acts of Employees, Directors, Trustees or Representatives: Loss resulting from any dishonest or criminal act committed by any of the Member’s Employees, directors, Property Coverage Document Page 54 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 trustees or authorized representatives a. Whether acting alone or in collusion with other persons; or b. Whether while performing services for the Member or otherwise. b. Additional Conditions (i) Facsimile Signatures: The Pool will treat mechanically reproduced facsimile signatures the same as handwritten signatures. (ii) General Amendment: As respects this coverage, the words Covered Property in the Crime General Provisions means Covered Instruments. (iii) Proof of Loss: The Member must include with the Member’s proof of loss any instrument involved in that loss, or, if that is not possible, an affidavit setting forth the amount and cause of loss. (iv) Territory: The Pool will cover loss the Member sustains anywhere in the world. The Territory General Condition does not apply to this forgery or alteration coverage. c. Additional Definition Occurrence means all loss caused by any person or in which that person is involved, whether the loss involves one or more instruments. C. Theft, Disappearance and Destruction Coverage The Pool will pay for loss of Covered Property resulting directly from the Coverage Causes of Loss. 1) Inside the Premises a. Covered Property: Money and Securities inside the Premises or a Banking Premises b. Covered Causes of Loss: Theft, disappearance, destruction c. Coverage Extensions (i) Containers of Covered Property: The Pool will pay for loss of, and loss from damage to, a locked safe, vault, cash register, cash box or cash drawer located in the Premises resulting directly from an actual or attempted theft of or unlawful entry into those containers. (ii) Premises Damage: The Pool will pay for loss from damage to the Premises or its exterior resulting directly from an actual or attempted Theft of Covered Property if the Member is the owner of the Premises or is liable for damage to it. 2) Outside the Premises a. Covered Property: Money and Securities outside the Premises in the care and custody of a Messenger. Property Coverage Document Page 55 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 b. Covered Causes of Loss: Theft, disappearance, and destruction 3) Coverage Extension Conveyance of Property by Armored Motor Vehicle Company: The Pool will pay for loss of Covered Property resulting directly from the covered causes of loss while outside the Premises in the care and custody of an armored motor vehicle company. But, the Pool will pay only for the amount of loss that the Member cannot recover: a. Under the Member’s contract with the armored motor vehicle company; and b. From any insurance or indemnity carried by, or for the benefit of customers of, the armored motor vehicle company. 4) Additional Exclusions, Conditions and Definitions In addition to the provisions in the Crime General Provisions, this Theft, disappearance and destruction coverage is subject to the following: a. Additional Exclusions: The Pool will not pay for loss as specified below: (i) Loss resulting from accounting or arithmetical errors or omissions. (ii) Acts of Employees, Directors, Trustees or Representatives: Loss resulting from any dishonest or criminal act committed by any of the Member’s Employees, directors, trustees or authorized representatives; (a) Acting alone or in collusion with other persons; or (b) While performing services for the Member or otherwise. (iii) Loss resulting from the giving or surrendering of property in any exchange or purchase. (iv) Loss from damage to the Premises resulting from fire, however caused. (v) Loss of property contained in any Money operated device unless the amount of Money deposited in it is recorded by a continuous recording instrument in the device. (vi) Loss of property after it has been transferred or surrendered to a person or place outside the Premises or Banking remises: (a) On the basis of unauthorized instructions; or (b) As a result of a threat to do bodily harm to any person or damage to any property But, this exclusion does not apply to loss of Covered Property while outside the Premises or Banking Premises in the care and custody of a Messenger if the Property Coverage Document Page 56 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 Member had no knowledge of any threat at the time the conveyance began; or had knowledge of a threat at the time the conveyance began, but the loss was not related to the threat. (vii) Loss from damage to the Premises or its exterior or to containers of Covered Property by vandalism or malicious mischief. (viii) Loss resulting from the Member, or anyone acting on the Member’s express or implied authority, being induced by any dishonest act to voluntarily part with title to or possession of any property. b. Additional Condition Duties in the Event of Loss: If the Member has reason to believe that any loss of, or loss from damage to, Covered Property involves a violation of law, the Member must notify law enforcement. c. Additional Definitions (i) Banking Premises means the interior of that portion of any building occupied by a banking institution or similar safe depository. (ii) Messenger means the Member or any Employee while having care and custody of the property outside the Premises. (iii) Occurrence means an act or series of related acts involving one or more persons; or, an act, event, or a series of related acts or events not involving any person. (iv) Premises means the interior of that portion of any building the Member occupies in conducting the Member’s business. (v) Theft means any act of stealing. D. Robbery and Safe Burglary Coverage The Pool will pay for loss of, and loss from damage to, Covered Property resulting directly from the covered causes of loss. 1) Inside the Premises a. Robbery of a Custodian (i) Covered Property: Property Other Than Money and Securities inside the Premises in the care and custody of a Custodian. (ii) Property not Covered: Motor vehicles, trailers, or semi-trailers or equipment and accessories attached to them. But, the Pool will pay only for the amount of loss the Member cannot recover: (i) Under the Member’s contract with an armored motor vehicle company or other commercial carrier; and Property Coverage Document Page 57 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 (ii) From any insurance or indemnity carried by, or for the benefit of customers of the armored motor vehicle company. 2) Additional Exclusions, Conditions and Definitions: In addition, this robbery and safe burglary coverage is subject to the following: a. Additional Exclusions: The Pool will not pay for loss as specified below: (i) Loss resulting from any dishonest or criminal act committed by any of the Member’s Employees, directors, trustees or authorized representatives, whether acting alone or in collusion with other persons, or while performing services for the Member or otherwise. (ii) Loss resulting from fire, however caused, except loss from damage to a safe or a vault. (iii) Loss of, or loss from damage to, property after it has been transferred or surrendered to a person or place outside the Premises on the basis of unauthorized instructions or as a result of threat to do bodily harm to any person or damage to any property. But, this exclusion does not apply to loss of Covered Property while outside the Premises in the care and custody of a Messenger if the Member had no knowledge of any threat at the time the conveyance began; or, had knowledge of a threat at the time the conveyance began, but the loss was not related to the threat. (iv) Loss from damage to any property by vandalism or malicious mischief. b. Additional Conditions (i) Duties in the Events of Loss: If the Member has reason to believe that any loss of, or loss from damage to, Covered Property involves a violation of law, the Member must notify law enforcement. (ii) Special Limit of Coverage for Specified Property: The Pool will only pay up to $1,000 for any one Occurrence of loss of, and loss from damage to: (a) Precious metals, precious or semi-precious stones, pearls, furs, or completed or partially completed articles made of or containing such materials that constitute the principal value of such articles; or (b) Manuscripts, drawings, or records of any kind or the cost of reconstructing them or reproducing any information contained in them. c. Additional Definitions (i) Custodian means the Member or any Employee while having care and custody of the property inside the Premises, excluding any person while acting as a Property Coverage Document Page 58 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 Watchperson or janitor. (ii) Messenger means the Member or any Employee while having care and custody of the property outside the Premises. (iii) Occurrence means an act or series of related acts involving one or more persons or an act or event, or a series of related acts or events not involving any person. (iv) Premises mean the interior of that portion of any building the Member occupies in conducting the Member’s business. (v) Robbery means the taking of property from the care and custody of a person by one who has: (a) Caused or threatened to cause that person bodily harm; or (b) Committed an obviously unlawful act witnessed by that person. (vi) Safe Burglary means the taking of: (a) Property from within a locked safe or vault by a person unlawfully entering the safe or vault as evidenced by marks of forcible entry upon its exterior, and (b) A safe or vault from inside the Premises. (vii) Watchperson means any person the Member retains specifically to have care and custody of property inside the Premises and who has no other duties. E. Computer Fraud and Funds Transfer Fraud Coverage 1) Computer Fraud The Pool will pay for loss of or damage to Money, Securities and other property resulting directly from the use of any computer to fraudulently cause a transfer of that property from inside the premises or Banking Premises a. to a person (other than a Messenger) outside those premises; or b. to a place outside those premises. 2) Exclusions: This computer and funds transfer fraud coverage, does not apply to: a. Credit Card Transactions. Loss resulting from the use or purported use of credit, debit, charge, access, convenience, identification, stored-value, or other cards or the information contained on the cards. b. Inventory Shortages. Loss, or that part of any loss, the proof of which as to its existence or amount is dependent upon: (i) An inventory computation; or Property Coverage Document Page 59 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 (ii) A profit and loss computation. 3) Funds Transfer Fraud The Pool will pay for loss of Funds resulting directly from a Fraudulent Instruction directing a financial institution to transfer, pay or deliver Funds from the Member’s Transfer Account. 4) Additional Definitions: a. Fraudulent Instruction means: (i) An electronic, telegraphic, cable, teletype, tele facsimile or telephone instruction which purports to have been transmitted by the Member, but which was in fact fraudulently transmitted by someone else without the Member’s knowledge or consent; (ii) A written instruction (other than those described in Coverage B, Forgery or Alteration Coverage, Section 1) issued by the Member, which was forged or altered by someone other than the Member without the Member’s knowledge or consent, or which purports to have been issued by the Member, but was in fact fraudulently issued without the Member’s knowledge or consent; or (iii) An electronic, telegraphic, cable, teletype, tele facsimile, telephone or written instruction initially received by the Member which purports to have been transmitted by an Employee but which was in fact fraudulently transmitted by someone else without the Member’s or the Employee's knowledge or consent. b. Funds means Money and Securities. c. Transfer Account means an account maintained by the Member at a financial institution from which the Member can initiate the transfer, payment or delivery of Funds: (i) By means of electronic, telegraphic, cable, teletype, tele facsimile or telephone instructions communicated directly through an electronic Funds transfer system; or (ii) By means of written instructions (other than those described in Coverage B, Forgery or Alteration Coverage, Section 1) establishing the conditions under which such transfers are to be initiated by such financial institution through an electronic Funds transfer system. d. Occurrence means: (i) An individual act or event; (ii) The combined total of all separate acts or events whether or not related; or (iii) A series of acts or events whether or not related; Committed by a person acting alone or in collusion with the other persons, or not committed by any person during the current agreement period in the Coverage Document Property Coverage Document Page 60 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 and CCD, before such current agreement period or both. F. Money Orders and Counterfeit Paper Currency Coverage 1) Coverage The Pool will pay for loss due to the acquisition of Covered Property resulting directly from the covered cause of loss. a. Covered Property: (i) Money orders, including counterfeit Money orders, of any United States or Canadian post office, express company or national or state (or Canadian) chartered bank; and (ii) Counterfeit United States or Canadian paper currency. b. Covered Cause of Loss Acceptance in good faith, in exchange for merchandise, Money or services, of: (i) Any money order that is not paid upon presentation; and (ii) Counterfeit United States or Canadian paper currency; that is acquired during the regular course of business. 2) Additional Exclusions, Conditions and Definitions In addition to the provision in the Crime General Provisions, this coverage is subject to the following: a. Additional Exclusions: The Pool will not pay for loss as specified below: (i) Acts of Employees, Directors, Trustees or Representatives Loss resulting from any dishonest or criminal act committed by any of your Employees, directors, trustees or authorized representatives: (a) Acting alone or in collusion with other persons; or (b) While performing services for you or otherwise. (ii) Exchanges or Purchases Loss resulting from the giving or surrendering of property in any exchange or purchase. (iii) Voluntary Parting of Title or Possession of Property Loss resulting from your, or anyone acting on your express or implied authority, being induced by any dishonest act to voluntarily part with title to or possession of any property. b. Additional Condition Duties In The Event of Loss: If you have any reason to believe that any loss of, or loss Property Coverage Document Page 61 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 from damage to, Covered Property involves a violation of law, you must notify the law enforcement c. Additional Definition Occurrence means an: (i) Act or series of related acts involving one or more persons: or (ii) Act or event, or series of related acts or events not involving any person. SECTION G - GENERAL PROVISIONS 1. ADDITIONAL INSURED INTERESTS/CERTIFICATES OF COVERAGE Any certificate of coverage issued in connection with this coverage document shall be issued solely as a matter of convenience or information for the addressee(s) or holder(s) of said certificate of coverage, except where any Additional Insured(s), Loss Payee(s) or Mortgagee(s) are named pursuant to the additional description of said certificate of coverage. In the event any Additional Insured(s) or Loss Payee(s) are so named, this Coverage Document shall be deemed to have been endorsed accordingly, subject to all other terms, conditions and exclusions stated herein. 2. CANCELLATION This Coverage Document may be: A. Cancelled at any time at the request of the Member by surrendering this Coverage Document to the Pool or by giving written notice to the Pool stating when the cancellation will take effect; or B. Cancelled by the Pool by giving the Member not less than: 1) Sixty days written notice of cancellation; or 2) Ten days written notice of cancellation if the Member fails to remit, when due, Contribution for this Coverage Document. Return of any unearned Contribution will be calculated on the customary short rate basis if the Member cancels and on a pro-rata basis if the Pool cancels this Coverage Document. Return of any unearned Contribution will be made by the Pool as soon as practicable. 3. INSPECTIONS The Pool, at all reasonable times, will be permitted, but will not have the duty, to inspect covered property. The Pool's: A. Right to make inspections; B. Making of inspections; or C. Analysis, advice or inspection report; Property Coverage Document Page 62 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 will not constitute an undertaking, on behalf of or for the benefit of the Member or others, to determine or warrant that the Member’s property is safe or healthful. This Pool will have no liability to the Member or any other person because of any inspection or failure to inspect. The Member is responsible for assuring that jurisdictional inspections are performed as required, and to assure that required jurisdictional operating certificates are current for their pressure equipment. 4. TRANSFER OF INTEREST A. The Member shall not transfer interest in any losses, payments for such losses, or claims for any such losses to any third party, including, but not limited to, litigation finance companies, attorneys, banks, adjusters, architects, engineers, or contractors. B. Any action by the Member which grants or attempts to grant to any third party an interest in or control over any claim or loss payable resulting from covered damage to real or personal property will immediately suspend any obligation by the Pool to make any additional payment for such otherwise covered damages. C. The obligation of the Pool to make any such payments shall not be restored unless and until the Member provides the Pool with evidence reasonably satisfactory to the Pool that any such transfer or attempt to transfer an interest in or control over such loss or claim to a third party has effectively been terminated. 5. MISREPRESENTATION AND FRAUD This Coverage Document will be void in entirety if, whether before or after a loss, a Member has: A. Willfully concealed or misrepresented any material fact or circumstance concerning this coverage, covered property, any coverage claim, or the interest of a Member; B. Made any attempt to defraud the Pool; or D. Made any false swearing. 6. LENDERS LOSS PAYEE AND MORTGAGEE INTERESTS AND OBLIGATIONS A. The Pool will pay for loss to specified property covered under this Coverage Document to each specified lender loss payee (lender) as its interest may appear, and to each specified Mortgagee as its interest may appear, under all present or future mortgages upon covered property, in order of precedence of the mortgages. B. The interest of the lender or mortgagee (as the case may be) in property covered under this Coverage Document will not be invalidated by: 1) Any act or neglect of the debtor, mortgagor, or owner (as the case may be) of the property; 2) Foreclosure, notice of sale, or similar proceedings with respect to the property; 3) Change in the title or ownership of the property; or 4) Change to a more hazardous occupancy. Property Coverage Document Page 63 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 The lender or mortgagee will notify the Pool of any known change in ownership, occupancy, or hazard and, within 10 days of written request by the Pool, may pay the additional Contributions associated with the known change. If the lender or mortgagee fails to pay the increased Contribution, all coverage under this Coverage Document will cease. C. If this Coverage is cancelled at the request of the Member, the coverage for the interest of the lender or mortgagee will terminate 10 days after the Pool sends to the lender or mortgagee written notice of cancellation, unless: 1) Sooner terminated by authorization, consent, approval, acceptance, or ratification of the Member’s action by the lender or mortgagee, or its agent. 2) This Coverage is replaced by the Member, with a coverage document or policy providing coverage for the interest of the lender or mortgagee, in which event coverage under this Coverage Document with respect to such interest will terminate as of the effective date of the replacement coverage document or policy, notwithstanding any other provision of this Coverage Document. D. The Pool may cancel this Coverage and the interest of the lender or mortgagee under this Coverage Document, by giving the lender or mortgagee written notice 60 days prior to the effective date of cancellation, if cancellation is for any reason other than non-payment. If the Member has failed to pay any Contribution due under this Coverage Document, the Pool may cancel this Coverage Document for non-payment, but will give the lender or mortgagee written notice 10 days prior to the effective date of cancellation. If the lender or mortgagee fails to pay the Contribution due by the specified cancellation date, all coverage under this Coverage Document will cease. E. The Pool has the right to invoke this Coverage Document’s Suspension provision. The suspension of coverage will apply to the interest of the lender or mortgagee in any machine, vessel, or part of any machine or vessel, subject to the suspension. The Pool will provide the lender or mortgagee at the last known address a copy of the suspension notice. F. If the Pool pays the lender or mortgagee for any loss, and denies payment to the Member, the Pool will, to the extent of the payment made to the lender or mortgagee, be subrogated to the rights of the lender or mortgagee under all securities held as collateral to the debt or mortgage. No subrogation will impair the right of the lender or mortgagee to sue or recover the full amount of its claim. At its option, the Pool may pay to the lender or mortgagee the whole principal due on the debt or mortgage plus any accrued interest. In this event, all rights and securities will be assigned and transferred from the lender or mortgagee to the Pool, and the remaining debt or mortgage will be paid to the Pool. G. If the Member fails to render proof of loss, the lender or mortgagee, upon notice of the Member’s failure to do so, will render proof of loss within 60 days of notice and will be subject to the provisions of this Coverage Document relating to appraisal, settlement of claims, and suit against the Pool. H. Other provisions relating to the interests and obligations of the lender or mortgagee may be added to this Coverage Document by agreement in writing. Property Coverage Document Page 64 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 7. OTHER COVERAGE A. If there is any other coverage that would apply in the absence of this Coverage Document, this Coverage Document will apply only after such coverage whether collectible or not. B. In no event will this Coverage Document apply as contributing coverage. C. The Member is permitted to have other coverage over any limits or Sublimits of liability specified elsewhere in this Document without prejudice to this Coverage Document. The existence of any other coverage will not reduce any limit or sublimit of liability in this Coverage Document. Any other coverage that would have provided primary coverage in the absence of this Coverage Document will not be considered excess. D. The Member is permitted to have other coverage for all, or any part, of any deductible in this Coverage Document. The existence of other coverage will not prejudice recovery under this Coverage Document. If the limits of liability of other coverage are greater than this Coverage Document applicable deductible, this Coverage Document coverage will apply only after the other coverage has been exhausted. E. If this Coverage Document is deemed to contribute with other coverage, the limit of liability applicable at each MEMBER PROPERTY, for purposes of the Contribution with other insurers, will be the latest amount described in this Coverage Document or the latest MEMBER PROPERTY value on file with the Pool. 8. COVERAGE MODIFICATION This Coverage Document contains all of the agreements between the Member and the Pool concerning this coverage. The Member and the Pool may request changes to this Coverage Document. This Coverage Document can be changed only by endorsements issued by the Pool and made a part of this Coverage Document. The Member is also bound by the terms of the Interlocal Participation Agreement with the Pool. Notice to any agent or knowledge possessed by any agent or by any other person will not: A. Create a waiver, or change any part of this Coverage Document; or B. Prevent the Pool from asserting any rights under the provisions of this Coverage Document. 9. REDUCTION BY LOSS Claims paid under this Coverage Document will not reduce its limit of liability, except claims paid will reduce any coverage period aggregate limit of liability. 10. SUSPENSION On discovery of a dangerous condition, this Pool may immediately suspend Equipment Breakdown coverage on any machine, vessel or part by giving written notice to the Member. The suspended coverage may be reinstated by the Pool. Any unearned Contribution resulting from a suspension will be returned by the Pool. 11. TITLES The titles in this Coverage Document are only for reference. The titles do not in any way affect Property Coverage Document Page 65 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 the provisions of this Coverage Document. SECTION H - DEFINITIONS A. Actual Cash Value means the amount it would cost to repair or replace covered property, on the date of loss, with material of like kind and quality, with proper deduction for obsolescence and physical depreciation. ACV is computed by subtracting the depreciated value of the lost or damaged covered property from the actual replacement cost, using material of like kind and quality, of the covered property at the time of loss. B. Communicable Disease means any disease which can be transmitted by means of any substance or agent from any organism to another organism where: 1) The substance or agent includes, but is not limited to, a virus, bacterium, parasite or other organism or any variation thereof, whether deemed living or not, and 2) The method of transmission, whether direct or indirect, includes but is not limited to, airborne transmission, bodily fluid transmission, transmission from or to any surface or object, solid, liquid or gas or between organisms, and 3) The disease, substance or agent can cause or threaten damage to human health or human welfare or can cause or threaten damage to, deterioration of, loss of value of, marketability of or loss of use of property. C. Contribution means the amount paid by the Member to the Pool for this coverage. D. Contribution & Coverage Declarations (CCD) means the document that sets forth the specific indication of the coverage, limits and deductibles, Contributions and special provisions elected by each Member, including any modifications made by issuance of any amendatory CCD or endorsement. E. Coverage Document means the Texas Association of Counties Risk Management Pool’s Property Coverage Document that sets forth in detail the exact coverage provided. F. Coverage Territory means MEMBER PROPERTY in the United States of America. G. Earthquake means a shaking or trembling of the earth that is tectonic or seismic in origin. H. Earth Movement means any natural or man-made Earth Movement, including, but not limited to Earthquake, landslide, subsidence or volcanic eruption regardless of any other cause or event contributing concurrently or in any other sequence of loss. This definition does not include loss or damage caused by or resulting from Flood, regardless of any other cause or event contributing concurrently or in any other sequence to the loss. However, physical damage by fire, explosion, or sprinkler leakage resulting from Earth Movement will not be considered to be loss by Earth Movement within the terms and conditions of this Coverage Document. I. Flood means a general and temporary condition of partial or complete inundation of normally Property Coverage Document Page 66 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 dry land area from: rising waters, waves, tide, or tidal water; unusual and rapid accumulation or runoff of surface waters from any source; mudslide or mudflow caused by accumulation of water on or under the ground; or the release of water, the rise, overflow, or break of the boundary of a natural or man-made body of water, including spray, excluding physical damage by fire, explosion or sprinkler leakage resulting from Flood. All flooding within a continuous 168 hour period will be considered a single Flood; the beginning of such period shall be determined by the Member. J. Member means the political subdivision of the State of Texas that is a current participant in the Pool and designated on the CCD. K. Mobile Equipment means a motorized vehicle including attachments or implements that is only incidentally operated on a public roadway and is not subject to a motor vehicle insurance law, including road construction and maintenance machinery such as a bulldozer, forklift, loader or grader. L. Named Storm means all loss or damage occurring during a period of 72 consecutive hours that is caused by or results from a storm or weather disturbance that is named as a tropical storm or hurricane by the National Weather Service or any other recognized meteorological authority, including all weather phenomenon associated with or occurring in conjunction with the storm or weather disturbance, such as Flood, Storm Surge, wind driven rain, wind, hail, sleet, tornadoes, or lightning. M. Occurrence means any one loss, disaster, casualty or series of losses, disasters, or casualties, arising out of one event. When the term applies to loss or losses from the perils of tornado, cyclone, hurricane, windstorm, hail, volcanic eruption, riot, riot attending a strike, civil commotion, and vandalism and malicious mischief one event shall be construed to be all losses arising during a continuous period of 72 hours. When filing proof of loss, the Member may elect the moment at which the 72 hour period shall be deemed to have commenced, which shall not be earlier than the first loss to the covered property occurs. N. Pollutant means any solid, liquid, gaseous or thermal irritant or contaminant, including, but not limited to, smoke, vapor, soot, fumes, acids, alkalis, chemicals, vaccines and waste. Waste includes materials to be recycled, reconditioned or reclaimed. O. Pool means the Texas Association of Counties Risk Management Pool. P. Soft Costs means: 1. Interest expense; 2. General overhead-developer expenses and additional real estate taxes; 3. Legal or professional fees; 4. Marketing expenses and advertising expenses; 5. Debt service payments and insurance premiums; 6. Refinancing charges and bond interest; 7. Founders fees and miscellaneous operating expenses. Q. Special Flood Hazard Area means areas of a Flood Insurance Rate Map which are identified as Zones A, AO, AH, A1 - A30, AE, A99, AR, AR/A, AR/AE, AR/A1 - A30, AR/AH, AR/A0, V, V1-V30, and VE. For purposes of determining which areas qualify as Special Flood Hazard Property Coverage Document Page 67 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 Areas as specified above, only those Flood Insurance Rate Maps which were in effect at the time of the Flood loss shall apply. Flood Insurance Rate Map means the official map of a community on which the administrator has designated the special hazards area applicable to the community. R. Storm Surge means water driven inland from coastal waters by high winds and low atmospheric pressure. Storm Surge shall not be considered Flood. S. Terrorism: an act or series of acts, including the use of force or violence, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s), committed for political, religious or ideological purposes including the intention to influence any government and/or to put the public or any section of the public in fear for such purposes. Terrorism shall also include any act which is verified or recognized by the United States Government as an act of Terrorism. T. Tier One Counties means counties in Named Storm Designated Wind Areas: Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Harris, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Refugio, San Patricio, and Willacy (Note: exposures declared by Harris County CSCD are not considered Tier One). U. Tier Two Counties means counties in Named Storm Designated Wind Areas: Bee, Brooks, Fort Bend, Goliad, Hardin, Hidalgo, Jackson, Jasper, Jim Wells, Liberty, Live Oak, Orange, Victoria, and Wharton. V. Vacant means containing inadequate contents to perform customary business operations. W. Vacant Property means a building is Vacant or unoccupied if less than 10% of the total square footage owned, rented, or leased by the Member is used by the Member to conduct customary operations, excluding common areas such as lobbies and garages. Buildings under construction or renovation shall not be considered Vacant. X. Unmanned Aircraft System means an unmanned aircraft and the equipment necessary for the safe and efficient operation of that aircraft. An unmanned aircraft is a component of an Unmanned Aircraft System. An unmanned aircraft is an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. Y. Waiting Period means the time period where the Pool shall have no liability for the time element loss when the period of recovery applicable to all time element loss is equal to or less than such time period. If, however, the period of recovery exceeds such time period then the Pool’s liability for the time element loss shall otherwise apply and the period of recovery shall be measured from the inception of the Occurrence for which loss is being claimed. The applicable deductible shall then apply. GREEN ENDORSEMENT COVERAGE AGREEMENT – Subject to the limits in this Coverage Document, the Coverage Document is amended to extend coverage related to LEED Certification, as described in this section. The coverage and valuation provision provided by this endorsement only apply if direct physical loss Property Coverage Document Page 68 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 or damage to covered real or personal property is caused by any of the perils covered by the Coverage Document and replacement cost valuation applies. This coverage does not apply to: (1) personal property of others in the Member’s care, custody, and control; (2) leased personal property; or (3) finished or unfinished stock. This endorsement does not increase or change the per Occurrence limit of liability shown in the CCD or the annual aggregate for specified perils. 1. Notwithstanding the valuation provision of this Coverage Document or limits of liability applicable to specific MEMBER PROPERTY or perils, if replacement cost valuation applies to real and personal property, then the Pool's liability for loss applicable to this endorsement is the cost to repair or replace the covered damaged property, subject to the applicable limit of liability, plus the lesser of the following amounts: A. The reasonable and necessary amount to upgrade to green the covered damaged property as described in Coverage Section A - Non-LEED® Certified Coverage or as described in Coverage Section B - LEED® Certified Coverage below, whichever is applicable; or B. An additional 25% of the applicable limit of liability for the building and business personal property shown in the property schedule or appraisal to upgrade to green; or C. $100,000 to upgrade to green. At the Member’s sole discretion, the Member may elect not to upgrade to green any or all property for which upgrade to green coverage is provided under this endorsement. In such case, the Pool will adjust the claim in accordance with the standard provisions of the Coverage Document, as modified by all other applicable endorsements. Subject to the lesser of A., B., or C. above, if necessary, the period of recovery shall be increased to allow for additional time to upgrade to green the damaged property plus up to an additional two week period to meet the requirements set forth in 4.B. 2. COVERAGE SECTION A: NON-LEED CERTIFIED COVERAGE If direct physical loss or damage by any of the perils covered by the Coverage Document to a building that is not LEED certified at the time of the loss, or to the personal property within the building, the Pool will pay to repair or replace damaged or destroyed: A. Loss Settlement for Personal Property 1) Appliances or Office Equipment with products of like kind and quality that have been identified as ENERGY STAR® or equivalent products of energy efficiency. If there are no products available at the time of the loss, this upgrade to green coverage does not apply. 2) Systems Furniture or Seating, with products of like kind and quality that are certified as GREENGUARD Indoor Air Quality Certified® or products with similar emissions characteristics. If there are no products available at the time of the loss, this upgrade to green coverage does not apply. Property Coverage Document Page 69 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 B. Loss Settlement for a Building 1) Interior Finish Materials Upgrade a. Lower Emissions Products Upgrade Coverage Defined Building Materials with products of like kind and quality that have Lower Emissions. If there are no products available at the time of the loss, this upgrade to green coverage does not apply. b. Environmentally Preferable Products Upgrade Coverage Interior wood, carpeting and flooring with products of like kind and quality that have Lower Emissions, are Sustainably Produced, are Rapidly Renewable or include Recycled Content. If there are no products available at the time of the loss, this upgrade to green coverage does not apply. 2) Interior Plumbing Systems Upgrade Coverage Interior plumbing fixtures including, but not limited to, toilets, shower heads and lavatory faucets with products of like kind and quality that are more Water Efficient. If there are no products available at the time of the loss, this upgrade to green coverage does not apply. For damaged or destroyed faucets, the Pool will also pay to install occupant sensors to reduce the potable water demand. 3) Lighting Systems Upgrade Coverage Lighting systems, with products of like kind and quality that have been identified as ENERGY STAR or equivalent products of such energy efficiency. If there are no products available at the time of the loss, this upgrade to green coverage does not apply. The Pool will also pay to repair or replace damaged light bulbs with light bulbs which have low mercury content. 4) Efficient Heating and Cooling Equipment Upgrade Coverage Heating and cooling equipment with products of like kind and quality that have been identified as ENERGY STAR or equivalent products of such energy efficiency. If there are no products available at the time of the loss, this upgrade to green coverage does not apply. 5) Building Reconstruction Following Total Loss a. Solely with respect to a Total Loss to a building, the Pool will pay to replace the building on its existing foundation using the most cost effective techniques, products and materials that should satisfy the prerequisites and earn the minimum number of points required to qualify for LEED Silver certification using the LEED New Construction (LEED NC®) Rating System. b. Certification Expenses (i) The Pool will pay the reasonable and necessary registration and certification fees charged by the United States Green Building Council (USGBC) that the Member incurs should the Member decide to seek LEED Silver certification. However, the Pool will not pay to modify the reconstructed structure if it is not certified. (ii) The sublimit for this coverage is $25,000. Property Coverage Document Page 70 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 3. COVERAGE SECTION B: LEED CERTIFIED COVERAGE In addition to all Coverage provided in Coverage Section A of this endorsement (with the exception of 2.B. (5) Building Reconstruction Following a Total Loss) and if direct physical loss or damage by any of the perils covered by the Coverage Document to a building that is LEED certified at the time of the loss, or to the personal property in such building, the Pool will pay to repair or replace damaged or destroyed: A. Loss Settlement for Trees, Shrubs, and Vegetative Roofs 1) Trees and shrubs planted specifically to secure the Heat Island Effect: Non-Roof point as described in LEED NC. For the purposes of this coverage only, notwithstanding any other provision of the Coverage Document to the contrary, trees and shrubs are covered property. The sublimit for this coverage is $3,000 per tree or $3,000 per shrub up to a maximum of $25,000. 2) Vegetative roofs on LEED certified buildings. Notwithstanding any other provision of the Coverage Document to the contrary, vegetative roofs are Covered Property. B. Loss Settlement for a Building 1) Recertification Expenses a. In the event of direct physical loss or damage by any of the perils covered by the Coverage Document that necessitates recertification of the damaged building, the Pool will pay the reasonable and necessary registration and certification fees charged by the USGBC that the Member incurs as a result of the recertification process. b. The sublimit for this coverage is $25,000. 2) Building Reconstruction Following Total Loss a. Solely with respect to a Total Loss to a building that is LEED certified at the time of the loss, the Pool will pay to replace the building on its existing foundation using the most cost effective techniques, products and materials that would satisfy the prerequisites and should earn the minimum number of points required to qualify for LEED certification at one level above the certification in effect at the time of the loss using the LEED NC Rating System. b. Certification Expenses (i) The Pool will pay the reasonable and necessary registration and certification fees charged by the USGBC that the Member incurs should the Member decide to seek LEED certification. However, the Pool will not pay to modify the reconstructed structure if it is not certified. (ii) The sublimit for this coverage is $25,000. 4. COVERAGES INCLUDED WITHIN COVERAGE SECTIONS A OR B AND APPLICABLE TO LEED® AND NON-LEED® CERTIFIED BUILDINGS In the event of direct physical loss or damage by any of the perils covered by the Coverage Document to a LEED or Non-LEED certified building: A. Recycling Expenses 1) The Pool will pay the Member’s expenses to clean-up, sort, segregate, and transport debris Property Coverage Document Page 71 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 from the Member’s damaged building to recycling facilities, if such debris can be recycled. 2) The sublimit for this coverage is $25,000 and is in addition to the debris removal expense sublimit provided by the Coverage Document, if any. 3) Any income or remuneration derived from this recycling shall be used to reduce the loss. B. Air Testing and Outdoor Air Ventilation of the Reconstructed Space 1) In accordance with the requirements for the Construction IAQ Management Plan: Before Occupancy Credit as described in the LEED NC rating system (Construction IAQ), the Pool will pay to conduct air testing and a building flush-out (if required because of a failure to meet air quality standards set forth in the Construction IAQ) and follow-up air testing for a total period of time not to exceed two weeks. 2) After the two week period of increased outdoor air ventilation of the reconstructed space, the Pool will pay to replace the filtration media with new media. 3) The sublimit for this coverage is $25,000. C. Professional Services The Pool will pay reasonable and necessary expenses to hire a LEED Accredited architect or engineer to participate in the design and construction administration of the damaged portion of the building or the entire building, whichever is applicable. The sublimit for this coverage is $50,000. D. Building Commissioning Expenses 1) In the event of direct physical loss or damage to mechanical, electrical, or electronic building systems, by any of the perils covered by the Coverage Document which necessitates the commissioning or re-commissioning of those systems, the Pool will pay reasonable and necessary expenses of a Professional Engineer to commission or re- commission those damaged systems in accordance with LEED protocols. 2) The sublimit for this coverage is $25,000. 5. ADDITIONAL DEFINITIONS A. Appliances means products including dishwashers, refrigerators, freezers, ovens, microwave ovens, room air conditioners, room air cleaners and water heaters. B. Defined Building Materials means: (1) all carpet and floor coverings, including adhesives to affix them to the floor; (2) all interior paints, architectural coatings, primers, undercoatings, adhesives, and sealants; and (3) permanently installed composite wood fixtures, including, counters, cabinets, and partitions. C. ENERGY STAR means any product that has been identified by the United States Government Department of Energy, Environmental Protection Agency as ENERGY STAR qualified at the time of the loss. D. Heating and Cooling Equipment means products including heat pumps, boilers, central air Property Coverage Document Page 72 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 conditioning, ceiling fans, dehumidifiers, exhaust fans, furnaces, thermostats, and ventilating fans. E. Lower emissions means: 1) With respect to adhesive and sealant products, such as, general construction adhesives, flooring adhesives, fire-stopping sealants, caulking, duct sealants, plumbing adhesives, and cove base adhesives, products that meet the requirements of South Coast Air Quality Management District (SCAQMD) Rule # 1168; with respect to aerosol adhesives, products that meet Green Seal Standard GS-36 requirements; 2) With respect to architectural paints, coatings, and primers, products that do not exceed the volatile organic compound (VOC) content limits established in Green Seal Standard GS-11, with respect to anti-corrosive and anti-rust paints, products that do not exceed the VOC content limits established in Green Seal Standard GS-03; and with respect to clear wood finishes, floor coatings, stains, and shellacs, products that do not exceed the VOC content limits established by SCAQMD Rule #1113; 3) With respect to carpet and carpet cushion, products that meet the requirements of the Carpet and Rug Institute's Green Label Plus Program; and 4) With respect to composite wood and agrifiber products such as particleboard, medium density fiberboard (MDF), plywood, wheatboard, strawboard, panel substrates and door cores as well as laminating adhesives used to fabricate on-site and shop-applied composite wood and agrifiber assemblies, products that contain no added urea-formaldehyde resins. F. Office Equipment means electronic products including desktop computers, laptop computers, monitors, printers, fax machines, scanners, copiers, and telephones. G. Recycled Content means those products that contain at least 20% post-consumer recycled content. H. Rapidly Renewable means products that are made from plant resources that are harvested within a ten-year cycle or shorter, including bamboo, eucalyptus, wheat straw, sunflower hulls, cork oak, wheatboard, linoleum, and sorghum. I. Seating means task and guest chairs used with System Furniture. J. Sustainably Produced means those products certified by the Forest Stewardship Council (FSC). K. System Furniture means either a panel-based workstation comprised of modular interconnecting panels, hang-on components and drawer/filing components of a freestanding grouping of furniture items and their components that have been designed to work in concert. L. Total Loss means: 1) The covered building is completely destroyed regardless of whether any damage is done to the foundation or slab; or 2) The covered building is in such condition after the loss that the standard method of Property Coverage Document Page 73 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 rebuilding or repairing the covered building is to raze the structure except for the foundation or slab or including all or part of the foundation or slab and rebuild the entire structure, whether such structure is actually rebuilt or not. M. Water Efficient means dry fixtures such as composting toilet systems and non-water using urinals, flush toilets using no more than 1.6 gallons of water per flush, and shower heads and faucets with a flow rate of no more than 2.2 gallons per minute. Property Coverage Document Page 74 of 74 Board Approved February 26, 2020, Eff. July 1, 2021 M 10. (4 pages) ;;: RANDY H. RIGGS, CPA, PCC Phone No.: (254)-757-5130 Mclennan County Tax-Assessor Collector P.O. BOX406 WACO, TX76703 Print Date: 03/03/2021 Deposit No.: MAIL210302LD Account Number 48-016600-003702-3 11111•4 �Ill8016600003702 1m 1111 II� 19 I� II��-� I� Wll l1 II� m1 ill ��II • Le�al Description of the Property FARM LOT 25 BLOCK 108 LOT C ACRES .737 801 FRANKLIN AVE LLC 801 FRANKUN AVE 76701 4300 W WACO DR STE B2#333 WACO , TX 76710 OWNER: 80 I FRANKLIN A VE LLC 020 OVERAGE AMOUNT $4,447.41 I: COUNTY OF MCLENNAN, 3: MCLENNAN COMMUNITY COLLEGE, 48: WACO !SD, 80: City of Waco, 5001: WACO PUBLIC IMPROVEMENT DIST #I Dear Taxpayer: Our records indicate that an overpayment exists on the properly tax accow1l listed above as of the date of this letter. If you paid the taxes on this account and believe you are entitled to a refund, please complete the application below, sign.it, and return it to our office If the taxes were paid by your mortgage/title company or any other party, you must obtain a written letter of release in order for the refundto be issued in your name. If you did not make the payment(s) on this account, please forward this letter to the person who paid these taxes. You may also request the transfer of this overpayment to other tax accounts and/or tax years in the space provided or by attaching an additional sheet if necessary. Your application for refund must be submitted within three years from the date of the overpayment, or you waive the right to the refund (Sec. 31.11 c). Governing body approval is required for refunds in excess of $2500. APPLICATION FOR PROPERTY TAX REFUND Step 1. Identify the refund recipient. Show information for whomever will be receiving the refund. Step 2. Provide payment information. Please attach copies of cancelled checks or original receipts for all cash payments you made. TOTAL AMOUNT PAID (sum of the above amounts) tcp 3. Provide reason for his refund. Please list any accounts and/or 1---,>+------1 I overpaid chis account. Please refund the excess to the address listed in Step l. years that you intended to pay �L,-+------1 wilh this overage. This payment should have been applied to other tax account(s) and/or year(s) (listed below): Step 4. Sign the form. By signing below, I hereby apply for the refundof the above-described taxes and certify that the information I Unsigned applications cannot have given on this form is true and correct. ( If you make a false statement on this application, you could be found be processed. guilty of a Class A misdemeanor or a state jail felony under the Texas Penal Code, Sec. 37. I 0. ) DATE TAX OFFICE USE ONLY: 0 Approved D Denied By: Date: This application must be completed, signed, and submiued with supporting documentation to be valid. v41.l.119 708-0183574904 RANDY H. RIGGS, CPA, PCC Phone No.: (254)-757-5130 Mclennan County Tax-Assessor Collector P.O. BOX406 WACO, TX 76703 Print Date: 04/14/2021 Deposit No.: WF210104000l Account Number 38-045100-000200-0 Legal Description of the Property HARVEYJMACRES 9.84 15954 GUYTON RD 76557 WELLS FARGO MORTGAGE l HOME CAMPUS MAC X230l-02C DES MOINES , IA 50328 OWNER:RANDOLPH ELIZABETH 2020 OVERAGE AMOUNT $4,424.25 I: COUNTY OF MCLENNAN,3: MCLENNAN COMMUNITY COLLEGE.38: MOODY ISD, 60: Elm Creek Watershed Dear Taxpayer: Our records indicate that an overpayment exists on the property tax account listed above as of the date of this letter. If you paid the taJces on this account and believe you are entitled to a refund, please complete the application below, sign it, and returnit to our office. If the taxes were paid by your mortgage/title company or any other party, you must obtain a written letter of release in order forthe refund to be issued in your name. If you did not make the payment(s) on this account, please forward this letter to the person who paid these taxes. You may also request the transfer of this overpaymentto other tax accounts and/or taJcyears in the space provided or by attaching an additional sheet if necessary. Your application for refund must be submitted within three years fromthe date of the overpayment, or you waive the right to the refund (Sec. 31.1 lc). Governingbody approval is required for refunds in excess of $2500. APPLICATION FOR PROPERTY TAX REFUND Step 1. Identify the refund Who ,hould th<' rdund he' i"u<:d il• recipient. . . Name: Wells Fargo Real Estate Tax Services Show information for whomever will be receiving Address: 1 Home Campus, MAC F2302-04D (Refunds/Financial Support) the refund. City, State, Zip: Des Monies, IA 50328 210-812-4037 Step 2. Provide payment information. Please allach copies of Wells Fargo 70737491407 12-15-2020 $4,424.25 cancelled checks or original receipts forall cash payments you made. TOTAL AMOUNT PAID (sum of the above amounts) $4,424.25 tep 3, Provide reason for his refund, l paid this account in error and I am entitled to the refund. ______Please list any accounts and/or 1--...i..:�:.:..::..=:....:...._:_.:..__:...::.:...:..:.:...:.:_.:..__:.....:..______I co n . refund the excess to the address listed inStepl. years that you intended to pay X Ioverpaid this ac u t Please ______1- :..:_...j_ _ _ _ _.: :______1 with lhis overage. This payment should have been applied to other tax account(s) and/or year(s) (listed below): Step 4. Sign the form. By signing below, I hereby apply for the refund of the above-described taxes and certifythat the infonnation I Unsigned applications cannot have given on this formis true and correct. ( If you make a false statement on this application, you could be found be processed. guilty of a Class A misdemeanor or a state jail felony under the Texas Penal Code,Se c. 37.10.) SIGNATUREOF REQUESTOR (REQUIRED) Barbara Kincaid, on behalf ot DATE Wells Fargo Home Mortgage fJt:.lA.b��� 4121/2021 TAX OFFICE USE ONLY: D Approved 0 Denied By:______Date: This application must be completed, signed, andsubmitted with supporting documentationto be valid. v41.l.119 1/2 RANDY H. RIGGS, CPA, PCC Phone No.: (254)-757-5130 Mclennan County Tax-Assessor Collector P.O. BOX406 WACO, TX76703 Print Date: 04/15/2021 Deposit No.: 2103 l 9TWCC I Account Number 44-0 12000-0 I 1200-9 Legal Description of the Property ROBINSON OT BLOCK 18 LOT A2 A4 82 C4 ACRES0.709 FX3 INVESTMENTS LLC 606 S ROBINSON DR A-D 76706 1808 HARWOOD CT HURST, TX 76054 OWNER: FX3 INVESTMENTSLLC 2020 OVERAGE AMOUNT $8,337.82 I: COUNTY OF MCLENNAN, 3: MCLENNAN COMMUNITY COLLEGE. 44: ROBINSON !SD, 79: CITY OF ROBINSON Dear Taxpayer: Our records indicate that an overpayment exists on the property tax account listed above as of the dale of tl1is letter. If you paid the taxes on this account and believe you are entitled to a refund, please complete the application below, sign it, and returnit to our office. If tlle taxes were paid by your mortgage/title company or any other party, you must obtain a written letter of release in order for me refund to be issued in your name. If you did not make the payment(s) on this account, please forward this letter lo the person who paid these taxes. You may also request the transfer of this overpayment to other tax accounts and/or tax years in the space provided or by attaching an additional sheet if necessary. Your application for refund must be submitted within three years from the date of the overpayment, or you waive me right to the refund (Sec. 31. l lc). Governingbody approval is required for refunds in excess of $2500. APPLICATION FOR PROPERTY TAX REFUND Stet> 1. Identify the refund Who should the refund he issued to: recipient. I Show information for whomever will be receiving the refund. Step 2. Provide payment information. Please attach copies of cancelled checks or original receipts for all cash payments you made. TOT AL AMOUNT PAID (sum of the above amounts) tep 3. Provide reason for Plea,e check one of the tollowmic! his refund. I paid tllis account in error and I am entitled to the refund. Please list any accounts and/or 1----+-=------1 years that you intended to pay I overpaid this account. Please refund the excess to the address listed in Step I. with this overage. This payment should have been applied to other tax account(s) and/or year(s) (listed below): Step 4. Sign the form. By signing below, I hereby apply for the refund of the above-described taxes and certify that the information I Unsigned applications cannot have given on this form is true and correct. ( If you make a false statement on this application, you could be found be processed. guilty of a Class A misdemeanor or a state jail felonyunder the Texas Penal Code, Sec. 37.10. ) 1ATURE O(l�OR (REQUIRED) �4Jj__[;__ � TAX OFFICE USE ONLY: 0 Approved 0 Denied By: Date: This application must be complc1ed, signed, and submitted with supporting documentation 10 be valid. v41.1.119 M 11. (2 pages) A P R I L 2 0 21 Unclaimed Property Capital Credits for Counties Glenn Hegar Texas Comptroller of In conjunction with Local Government Code, Section 381.004, Texas Public Accounts Property Code, Section 74.602 authorizes the Texas Comptroller of Public Accounts (Comptroller’s office) to allocate a portion of the unclaimed capital credits received from electric cooperatives back to the counties in the cooperatives’ service area. What are unclaimed capital credits? General uses of capital credits Electric cooperatives that have lost contact with a The county commissioners court may use capital previous customer sometimes report capital credits to credits to develop and administer a program:* the Comptroller’s office as unclaimed property. Texas • for state or local economic development law allows counties to claim a portion of unclaimed capi- • for small or disadvantaged business development tal credits originating from their county and use them for specific programs. • to stimulate, encourage and develop business location and commercial activity in the county How are funds divided among • to promote or advertise the county and its vicinity or counties? conduct a solicitation program to attract conventions, visitors and businesses • Electric cooperatives report unclaimed capital credits • to improve the extent to which women and minority and the county of service from which they originated. businesses are awarded county contracts • Electric Cooperatives must use the numeric Federal • to support comprehensive literacy programs that Information Processing Standard (FIPS) county code benefit county residents of the service address. This code must be entered in • for the encouragement, promotion, improvement and the country code field of the remittance report. application of the arts A county may or may not receive funds in a given year. • • to support a children’s advocacy center *Review Local Government Code, Section 381.004 before starting a program. Who qualifies? • Any county can request a portion of these funds. How to request capital credits For more information, The county must follow instructions in Local • The county judge and/or commissioners court must Government Code, Section 381.004 to request funds. visit our website at complete and submit the form on the back of this notice. ClaimItTexas.org. • The commissioners court is the primary governing body • The form must be signed by a representative of the and ultimate decision-making authority on the legitima- commissioners court or the county judge. For questions on cy of fund requests. • The form must include the complete name, Capital Credits, contact address and federal tax identification number of the our Holder Education and commissioners court. Funds will be paid directly to Reporting section at the court. 800-321-2274, option 2 or [email protected] 1 UNCLAIMED PROPERTY CAPITAL CREDITS FOR COUNTIES County Request for Capital Credits County Name______County FEIN______ Authorized by o Judge o Commissioners Court Name of County Judge______Approved Date______ Send the requested funds to: Address______City______State______Zip______ I acknowledge that the purpose of the funds complies with provisions of Texas Local Government Code, Section 381.004. Name (printed) ______Title ______ Signature ______Date ______ Email Address ______Phone ______ Submit signed and completed form by either mail, email or fax by July 31, 2021. Mail Texas Comptroller of Public Accounts Email [email protected] Unclaimed Property Division Fax 512-463-3569 Holder Education and Reporting section P.O. Box 12019 Austin, Texas 78711-2019 FOR COMPTROLLER’S USE ONLY: We are authorized to release ____% of the total amount available to your county. We will send a $______payment to the address provided above. By requesting funds, you have certified that they will be used in compliance with the provi- sions of Texas Local Government Code, Section 381.004. Comptroller’s Representative ______Date ______ This publication is intended as a general guide and not as a comprehensive resource on the subjects covered. It is not a substitute for legal advice. In compliance with the Americans with Disabilities Act, this document may be requested in alternative formats by calling 800-252-1382, or by sending a fax to 512-475-0900. 2 98-1013 (04/21) N 1. (2 pages) Invoice Total $3,159.50 May 10, 2021 Invoice No: WALL9923841.00 - 66 Mr. Dustin Chapman County Administrator McLennan County 501 Washington Ave Waco, TX 76701 Project WALL9923841.00 McLennan County - ADA Study Professional Services from April 1, 2021 to April 30, 2021 Phase 01 Project Management Professional Personnel Hours Rate Amount Architect 2.25 129.00 290.25 Totals 2.25 290.25 Total Labor 290.25 Total this Phase $290.25 Phase 05 Courthouse ADA Improvements Professional Personnel Hours Rate Amount Technician 10.00 74.00 740.00 Totals 10.00 740.00 Total Labor 740.00 Total this Phase $740.00 Phase 15 MHMR Crisis Center Professional Personnel Hours Rate Amount Architect 6.75 129.00 870.75 Executive Assistance 6.25 64.00 400.00 Sr. Technician 2.00 83.00 166.00 Totals 15.00 1,436.75 Total Labor 1,436.75 Total this Phase $1,436.75 Phase 17 Fairgrounds Professional Personnel Hours Rate Amount Architect 4.50 129.00 580.50 Project WALL9923841.00 McLennan County - ADA Study Invoice 66 Executive Assistance 1.75 64.00 112.00 Totals 6.25 692.50 Total Labor 692.50 Total this Phase $692.50 Total this Invoice $3,159.50 Outstanding Invoices Number Date Balance 64 3/4/2021 11,779.25 65 4/7/2021 7,292.50 Total 19,071.75 Respectfully submitted, Darrell Vickers Page 2 O 1.a(1) (1 page) Dustin Chapman April 30, 2021 McLennan County, Texas Project No: 18.4624.03 501 Washington Avenue Invoice No: 0071520 Attn: County Judge's Office Room 214 Waco, TX 76701 McLennan Co Venue Dedication Plaza Professional Services from February 1, 2021 to April 30, 2021 Fee Percent Previous Fee Current Fee Billing Phase Fee Complete Earned Billing Billing Dedication Monument 18,000.00 80.00 14,400.00 9,000.00 5,400.00 Total Fee 18,000.00 14,400.00 9,000.00 5,400.00 Total Fee 5,400.00 Total this Invoice $5,400.00 Authorized By: Date: John Fickel 4800 Main St, Ste. 300, KCMO 64112 | T +1 816 221 1500 | F + 1 816 221 1578 O 1.a(2) (2 pages) Dustin Chapman April 30, 2021 McLennan County, Texas Project No: 18.4624.01 501 Washington Avenue Invoice No: 0071521 Attn: County Judge's Office Room 214 Waco, TX 76701 McLennan Co Venue Ph 2 Professional Services from April 1, 2021 to April 30, 2021 Fee Percent Previous Fee Current Fee Billing Phase Fee Complete Earned Billing Billing Design Development 317,000.00 100.00 317,000.00 317,000.00 0.00 Documents Construction Documents 640,000.00 100.00 640,000.00 640,000.00 0.00 (Site Package) Bidding (Site Package) 78,000.00 100.00 78,000.00 78,000.00 0.00 Construction 715,000.00 97.0979 694,250.00 679,250.00 15,000.00 Administration Extended Construction 60,000.00 100.00 60,000.00 60,000.00 0.00 Admin Services Total Fee 1,810,000.00 1,789,250.00 1,774,250.00 15,000.00 Total Fee 15,000.00 Consultants The Accessibility Professionals, LLC 1,050.00 Total Consultants 1,050.00 1,050.00 Total this Invoice $16,050.00 Authorized By: Date: John Fickel 4800 Main St, Ste. 300, KCMO 64112 | T +1 816 221 1500 | F + 1 816 221 1578 Project 18.4624.01 McLennan Co Venue Ph 2 Invoice 0071521 Billing Backup Wednesday, April 28, 2021 Populous Group, LLC Invoice 0071521 Dated 4/30/2021 11:31:24 AM Consultants The Accessibility Professionals, LLC AP 6836518 4/15/2021 The Accessibility Professionals, LLC / 1,050.00 Architectural Barriers Inspection Total Consultants 1,050.00 1,050.00 Total this Project $1,050.00 Total this Report $1,050.00 4800 Main St, Ste. 300, KCMO 64112 | T +1 816 221 1500 | F + 1 816 221 1578 Page 2 O 3. (2 pages) Page: 1 3355 Martin Farm Road Phone: (770) 447-4339 Suite 100 Fax: (770) 447-4226 Suwanee, GA 30024 Website: www.georgiaexpo.com CONNECT WITH US @GEORGIAEXPO Quote Order Number: 0224856 Salesperson: Kelly Hassinger Customer Number: EXTR27 Order Date: 5/6/2021 Phone: (770) 408-1042 Direct Phone# Ship By: 5/21/2021 Fax: (770) 447-4226 Fax# Email: [email protected] SOLD TO SHIP TO INFORMATION MCLENNAN COUNTY EXTRA CO EVENTS CENTER Customer PO: 214 N. 4TH STREET 4601 BOSQUE BLVD. Ship Via: AIT WORLDWIDE SUITE 100 F.O.B.: Suwanee, GA Waco, TX 76701 Waco, TX 76710 Terms: Phone: (254) 224-8275 Phone: (254) 224-8275 Net 10 Days NO CREDIT CARDS Fax: Fax: ITEM NUMBER DESCRIPTION QUANTITY PRICE AMOUNT . This price quote will expire on the ship date indicated. Any and all fabric products are made to order and cannot be returned. ______. D113BK (18) PANELS COMMANDO BLACK 14 FT HIGH X 52" 252.00 $3.48 $876.96 WIDE 6 X 6 HEM B402E 6-10 ECONOMY DRAPE SUPPORT BUTTON STOPS 6.00 $16.88 $101.28 @ 8 & 10FT B256DSCT 2" 8 - 14 TELE UPRIGHT SLIP FIT COLLAR TWO 7.00 $52.49 $367.43 PIECE WITH CASTLE TOP B515 18" X 18" SLIP FIT BASE 17 LB & 6" PIN WITH 7.00 $33.39 $233.73 SCREWS, 2" DIA ______ D103BK 8 FT BANJO DRAPE BLACK 94" H & 4 X 4 HEM 400.00 $10.18 $4,072.00 D102BK 3 X 12 BANJO DRAPE BLACK 35"H, 144"L 6X6 HEM 204.00 $15.88 $3,239.52 B402E 6-10 ECONOMY DRAPE SUPPORT BUTTON STOPS 304.00 $16.88 $5,131.52 @ 8 & 10FT B102CT 8 FT UPRIGHT SLIP FIT WITH CASTLE TOP 102.00 $14.98 $1,527.96 Continued Page: 2 3355 Martin Farm Road Phone: (770) 447-4339 Suite 100 Fax: (770) 447-4226 Suwanee, GA 30024 Website: www.georgiaexpo.com CONNECT WITH US @GEORGIAEXPO Quote Order Number: 0224856 Salesperson: Kelly Hassinger Customer Number: EXTR27 Order Date: 5/6/2021 Phone: (770) 408-1042 Direct Phone# Ship By: 5/21/2021 Fax: (770) 447-4226 Fax# Email: [email protected] SOLD TO SHIP TO INFORMATION MCLENNAN COUNTY EXTRA CO EVENTS CENTER Customer PO: 214 N. 4TH STREET 4601 BOSQUE BLVD. Ship Via: AIT WORLDWIDE SUITE 100 F.O.B.: Suwanee, GA Waco, TX 76701 Waco, TX 76710 Terms: Phone: (254) 224-8275 Phone: (254) 224-8275 Net 10 Days NO CREDIT CARDS Fax: Fax: ITEM NUMBER DESCRIPTION QUANTITY PRICE AMOUNT B106CT 3 FT UPRIGHT SLIP FIT WITH CASTLE TOP 204.00 $9.38 $1,913.52 B505 16" x 14" SLIP FIT BASE & 3" PIN WITH SCREWS` 102.00 $13.48 $1,374.96 B507 8" X 14" SLIP FIT BASE & 3" PIN WITH SCREWS 204.00 $8.98 $1,831.92 . C140 PARTY CART PLUS 8.00 $681.38 $5,451.04 C301 CASTOR SET WITH HARDWARE(16 PC BOLT,NUT& 8.00 $0.00 $0.00 WASHER) ( 2PC SWIVEL AND 2PC RIGID) . FREIGHT CHARGES ARE ESTIMATED VIA AIT WORLDWIDE ESTIMATED TRANSIT TIME IS BUSINESS DAY(S) AND DOES NOT INCLUDE THE DAY OF PICKUP, WEEKENDS OR HOLIDAYS. THE FREIGHT CHARGES LISTED ON THIS ORDER ARE AN ESTIMATE ONLY. ADDITIONAL CHARGES MAY INCUR AFTER SHIPPING WHEN ACTUAL FREIGHT CHARGES ARE BILLED. **LIFT-GATE, LIMITED ACCESS, INSIDE DELIVERY, CALL AHEAD, AND DELIVERY APPT ARE NOT INCLUDED** IF YOU ARE TAX EXEMPT, PLEASE PROVIDE TAX EXEMPT CERTIFICATE PRIOR TO PURCHASE. DUE TO TIME FRAMES IN REPORTING, WE ARE UNABLE TO ADJUST AFTER THE SALE. Net Order: $ 26,121.84 THIS IS A COPY OF THE ORDER YOU PLACED WITH GEORGIA EXPO. PLEASE REVIEW IT TO ENSURE THAT IT IS ACCURATE. IF THIS Shipping & Handling: $ 4,130.61 ORDER IS CORRECT, PLEASE SIGN AND RETURN TO US. YOUR SIGNATURE BELOW INDICATES YOUR AGREEMENT TO THE TERMS OF SALE POSTED AT WWW.GEORGIAEXPO.COM. Sales Tax: $ 0.00 AUTHORIZED SIGNATURE: ______Order Total: $ 30,252.45 Yes, sign me up! Join our mailing list for the latest news, promos and new product info. P 3. (1 page) CERTIFICATE OF MILESTONE ACCEPTANCE customer Name: McLennan Couhty, Texas ProiectName: 4-Site Expansion Project of Waco P25 System Project #: TX-18i214t Project Milestones: 23a_Acceptance Test Plan (ATP) / Beneficial Use -Warranty Begins - SrfES I & 2 (RBPI and RBP2) Description: Milestone for Mclennan County, TX radio project as listed above has been completed. Customer Representa[ive : Motorola Representative : Signature: signaru..,($B- Date: Date: _5-7 -21 O r,r,cynar,or,l soLUTtoNs