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 16th day of February. 2021 at 9: 00 o'clock a. m. and act on the items on the following agenda.
No physical meetina 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:
I. Proclamation Recognizing the Honorable William H. " Bill" Flores, Sr. for 10 Years of Service as District 17 Congressman
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 Contract Renewal with Keefe Commissary Network, LLC( re: McLennan County Jail Commissary Services) b. Recording of Order Reappointing County Auditor of McLennan County
c. Recording of Industrial Business Grant Agreement with Envases Commerce, LLC and IZ Texas, LLC for Investment in Real and Personal Property d. Recording of Industrial Business Grant Agreement with Unconditional Love, Inc. for Investment in Industrial Real and Personal Property
e. Recording of Program Project Agreement with Unconditional Love, Inc. f. Recording of Program Project Agreement with Envases Commerce, LLC and 12 Texas, LLC g. Recording of Certification Statements / Compliance Letters for Tax Abatement Agreements ( re: Brazos Electric Cooperative 2018- 2020: Eddy Solar II, LLC 2018- 2019; Sandy Creek Services, LLC 2018- 2020) 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):
a. Human Resources: Discussion and/ or Action regarding Director and related matters including Possible Appointment of Director; Possible Approval of Variance to Policies for Internal Promotion
b. Road& Bridge, Precinct 2
4. Authorization/ Ratification of RFQ' s, RFQ' s, and Bids Advertisements; Publications; Public/ Legal Notices
S. 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. Constable, Precinct 3: Recording of Racial Profiling Report( ref: Texas Code of Criminal Procedure, Article 2. 132) b. County Treasurer: Recording of McLennan County Investment Report, January 2021
c. McLennan County Children' s Protective Services Board: Recording of Detailed Transaction Report, January 2021 d. County Auditor: Recording of Monthly Financial Report, October 2020- December 2020
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 FY 21 Budget:
a. Justice of the Peace, Precinct 2( Fund 130)
b. Tax Office related to COVID- 19
c. Jury Service d. County Sheriff
e. McLennan and Hill Counties Tehuacana Creek Water Improvement District: Discussion and/ or Action regarding Funding Request for Baseline Water Quality Study
f. Authorization of Texas Association of Counties Claim Deductible Invoices:
1) Regarding Invoice# NRDD- 0006566 2) Regarding Invoice# NRDD-0006601 3) Regarding Invoice# NRDD- 0006638 4) Regarding Invoice# NRDD-0006688
Page 1 of 4 5) Regarding Invoice# NRDD-0006727 G. Bids, RFP' s, RFQ' s, Quotations for Goods and Services:
1. Authorization of Recommendations:
a. Regarding Bid 21- 004: Crushed Limestone Flexbase b. Regarding Bid 21- 005: Pit Run Gravel 2. Authorization of Service Quotation: Smiths Detection( re: X- Ray Machines) H. Contracts, Interlocal Agreements, and Memorandums of Understanding; Purchase, Lease, or Acquisition of Goods, Equipment or Services, including any Financing Thereof: 1. Authorization of Services Contract with Cumby Pest Control( re: Highway 6 Jail, Jack Harwell Detention Center, and Juvenile Detention Center)
2. Reauthorization of Current Property Use Agreement with Waco Downtown Farmers Market( re: Parking Lot) 3. Approval of Agreement for Right-Of-Way Acquisition Services with Millard Real Estate Advisors, Inc. ( re: Panther Branch Road and North Crooked Creek Road)
4. Authorization of Industrial Business Grant Agreement with Amazon. com Services LLC for Investment in Industrial Real and Personal Property
5. Authorization of Services Agreement with GGA Pest Management Services( re: Various Locations)
6. Authorization of Renewal Agreement with CorEMR, L. C.( re: Electronic Medical Records Software and License for McLennan County Jail) 7. Authorization of Agreement for Waterside Maintenance with Specialty Water Treatments, LLC 8. Authorization of Customer Service Agreement with RW Lone Star Security, LLC ( re: Document Shredding Services for Highway 6 Jail) 9. Authorization of Interlocal Cooperative Agreement with Crawford Independent School District( re: Parking Lot Blading) 10. • Regarding the Industrial Business Grant with Coca- Cola Company: Authorization of Grant Payment 11. Authorization of Service Agreement with Grande Communications Networks, LLC( re: Highway 6 Jail) 12. Authorization of Interlocal Cooperation Agreement with the City of McGregor( re: Piggy- back on Bid with Knife River for Hot Mix and High Performance Cold Laid Asphalt)
I. Waco-McLennan County Economic Development Corporation ( WMCEDC): Authorization of Agreements; Consulting Services; Proposed Projects/ Program Project Agreements/ Amendments/ Pay Applications:
I. Regarding the Program Project Agreement with Uzin Utz North America, Inc.: Authorization of Payment Request# 1
J. Capital Improvement, Repair, Maintenance Projects and Construction Projects:
I. Regarding Rattler Hill Road - Creek Crossing Improvements ( Bid 20- 023): Authorization of Application and Certificate for Payment No. 2
K. Real Estate, Right of Way, and Easements: 1. Approval of Resolution and Order regarding Acquisition of Land for North Crooked Creek Road Project 2. Approval of Resolution and Order regarding Acquisition of Land for Panther Branch Road Project 3. Approval of Conveyance of Lot 4, Block 1 of the Coliseum Addition to the City of Waco, McLennan County, Texas to the Waco Independent School District.
L. Grants/ Grant Proposals:
I. Regarding U. S. Department of Treasury Emergency Rental Assistance Program:
a. Presentation regarding Federal Emergency Rental Assistance Grant b. Discussion and Action on Adopting the McLennan County Emergency Rental Assistance Program
c. Discussion and Action on Approving Interlocal Cooperation Agreement with the City of Waco ( re: Administration of McLennan County Emergency Rental Assistance Program) 2. 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 9/ 30/ 20)
M. Department/ Office- Specific Requests, Presentations or Items for Discussion and Possible Action ( To the Extent Not Addressed Above):
I. Human Resources: Discussion and/ or Action regarding Changes to the Employee Evaluation Form
2. Purchasing: Authorization of On- Line Auction with Rene Bates, related Ad, and Order Declaring Certain Property as Surplus and Authorizing Disposition of Same( ref: Local Government Code 263) 3. County Treasurer: Annual Adoption of Authorized Brokers and Recording of TexPool and Texas Class Acknowledgements
N. Additional Items for Discussion and Potential Action:
I. 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. Approval of Order for Sole Source Designation and Granting Exemptions from Bidding with Arcosa Aggregates, Inc.( Re: Type L Grade 4 and Type L Grade 5 Light Weight Aggregate for McLennan County Road& Bridge Departments) 4. Approval of Order Extending State of Disaster and Public Health Emergency Declaration Due to COVID- 19 through March 31, 2021
Page 2 of 4 5. Authorization of Renewal of Emergency Management Plan for McLennan County 6. Authorization of Resolution and Order No. 2021- 001 to Reappoint Directors for Places I, 3, and 5 of the Southern Trinity Groundwater Conservation District Board of Directors 7. Approval of Order Designating Areas of the Expo Center BASE Building as Auxiliary Courtrooms 8. Approval of Order Finding Junked Vehicles to be a Public Nuisance, Establishing Procedures for Abatement and Disposition of Junked Vehicles, Providing a Severability Clause, Providing an Effective Date, and Repealing and Replacing Conflicting Orders 9. Authorization of Order Approving the Transfer of Certain Property to Heart of Texas Council of Governments 10. Waco- McLennan County Public Health District: Introduction of New Director
O. Americans with Disabilities Compliance Project:
I. Authorization of Professional Services Invoice: CP& Y( re: ADA Study/ Report for January) P. 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:
I) Regarding January Services for Dedication Monument/ Invoice No. 0071158 2) Regarding January Services for Venue Project/ Invoice No. 0071157 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
3. Regarding Engineering Services Agreement with Walker Partners: Authorization of Professional Services Invoices, Engineering Surveying Services Invoices, related matters:
a. Authorization of Invoice No. 0103140. 01- 19670
4. Discussion and/ or Action regarding Monument Signage and Dedication Plaza Q. McLennan County Radio Tower Project/ Multiple Site Expansion to Existing Simulcast Communication System:
I. Authorization of Communications Site Lease Agreement with Department of Public Safety( re: Radio Communications Facility)
R. 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; 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 Upgrades
S. Executive/ Closed Session
1. Section 551. 071 ofthe Government Code( V.0 TA.): 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 ofthe 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; Deliberations regarding Assigning Interim Director for Maintenance of Equipment; Personnel Matters Identified in any Open Session Item if Necessary, and related matters 4. Section 551. 076 ofthe Government Code( V,C.TA.): Deliberations regarding Security Devices or Security Audits 5. Section 551. 087 ofthe Government Code( V.0 TA): Regarding Economic Development Negotiations including, but not limited to ( I) 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
T. Adjourn
Signed this 12th day of February, 2021
SCOTT M. FELTON, County Judge
Page 3 of 4 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 12th day of February, 2021.
Witness my hand and seal of office at Waco. McLennan County. Texas the 12th day of February. 2021 at 1, IS p. m.
J. A. "ANDY" HARWELL, County Clerk SEAL) McLennan County, Texas
BYY)2efir ( 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
JA.' ANDY' HARWELL, Cony Cierk McLennan Couny. Texas
FILED: FEB 1 6 2021
By Myrcetez Gowan- Perkins, Deputy
Page 4 of 4 AGENDA: FEBRUARY 16, 2021
B. Moment of Silence/ Invocation and Pledge
10: 02
County Judge Felton stated that at this time we will have a moment of silence. County Judge Felton then stated that we will now have the Pledge ofAllegiance. The Court went to Item C. Public Comments. Due to technical issues, County Judge Scott Felton stated that the Court will return to said Item to allow Mr. Kevin Kuretsch to address the Court. AGENDA: FEBRUARY 16, 2021
D. Proclamations/ Resolutions:
I. Proclamation Recognizing the Honorable William H. " Bill" Approved Flores, Sr. for 10 Years of Service as District 17 Congressman
10: 10 ORDER APPROVING:
PROCLAMATION RECOGNIZING THE HONORABLE WILLIAM H. ' BILL" FLORES. SR. FOR 10 YEARS OF SERVICE AS DISTRICT 17 CONGRESSMAN
On this the 16 day of February, 2021, came on for consideration the matter of Proclamation Recognizing the Honorable William H. " Bill" Flores, Sr. for 10 Years of Service as District 17
Congressman. After discussion, Judge Felton made a motion to approve and it was seconded simultaneously by Commissioner Jones and Commissioner Smith. A vote being called for, voting
in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller,
Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Proclamation be, and the same is hereby, approved by unanimous vote. a i tr i Al r
STATE OF TEXAS COUNTY OF MCLENNAN PROCLAMATION
A PROCLAMATION OF THE COMMISSIONERS COURT OF MCLENNAN COUNTY, TEXAS RECOGNIZING The Honorable William H. "Bill" Flores, Sr. FOR 10 YEARS OF SERVICE AS DISTRICT 17 CONGRESSMAN
WHEREAS, on January 3, 2011 the Honorable Bill Flores began the first of five terms in office; and
WHEREAS, Bill provided leadership, compassion, and true dedication to McLennan County throughout his ten years of service; and
WHEREAS, In McLennan County alone, he led the way resulting in the Presidential approval of an emergency declaration which provided federal aid to supplement state and local response and rebuilding efforts for the citizens of West after the April 17, 2013 explosion at the West Fertilizer Company; and
WHEREAS, Bill worked with Waco community leaders and colleagues to pass the Waco Mammoth National Monument Establishment Act resulting in the President signing an Executive Order designating the Waco Mammoth site as a National Monument on July 10, 2015; and
WHEREAS, He was a key player in ensuring the Doris Miller VA Medical Center in Waco would continue to provide a recovery- based and trauma- informed intensive treatment approaches for women Veterans prior to the Post- Traumatic Stress Residential Rehabilitation Program' s ( PRRP) move to Temple; and
WHEREAS, Annually, the Honorable Bill Flores hosted the Greater Waco Chamber of Commerce D. C. Fly- In by congregating select Senators and Congressman to one area for introductions to the McLennan County and Bryan/ College Station attendees; and
WHEREAS, Bill' s future plans include more time with family, particularly his parents and grandmunchkins". He plans to reengage with the private sector through governance( board) activities, community service and, if he can get his wife, Gina, to approve, more skiing and flying; and
NOW, THEREFORE BE IT PROCLAIMED, that the Commissioners Court of McLennan County, wish to congratulate and recognize the Honorable Bill Flores, Sr. for his 10 years of dedicated service to McLennan County citizens and wish him great success in his future endeavors; and
BE IT FURTHER PROCLAIMED that a copy of this Proclamation be made a permanent part of the minutes of the Commissioners Court.
WITNESSED OUR HAND AND SEAL this 1day of February, 2021. h
SCOTT M. FELTON, C u dge
i iES A. S ITH, Comm. Prec. 1 WI JOl , Com . rec. 3 4lcw PATRICIA MILLER, Comm. Prec. 2 BEN PERRY, Comm. Prec.
Attest: J. A. " Andy" Harwell, County Clerk McLennan County, Texas JA.' MOW kdAFW6LL, 6oyoty Clerk Mc: cnnon: OA',Texas 6" By' i..)` l"`"" FILED FEB 1 6 2021 Deputy C my Irk By Myrcetez Gowan- Perkins, Deputy The Court went to Item N. 10. Waco- McLennan County Public Health District: Introduction of New Director. INFORMATION ONLY:
WACO- MCLENNAN COUNTY PUBLIC HEALTH DISTRICT: INTRODUCTION OF NEW DIRECTOR
On this the 16 day of February, 2021, came on for consideration the matter of Waco- McLennan County Public Health District: Introduction of New Director. Commissioner Miller introduced the New Director of Public Health Services, Ms. Lashonda M. Malrey- Horne. I
iiitA
r , r' V- =-. l ,.. 1 — . i 1 1. 111. y' k1 y 1 EN NA. ' 1 it_ 11 q =% f. V R[ R' I :Y \\ A
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: Iatrunda. reed@co. mdennan. tx. us
MEMORANDUM
DATE: February 11, 2021
TO: Commissioners Court
FROM: Latrunda Reed
RE: COMMISSIONERS COURT AGENDA ITEM/ Tuesday, February 16, 2021
I am forwarding this memorandum to the McLennan County Commissioner' s Court to introduce the new Waco- McLennan County Public Health Director, LaShonda M. Malrey- Home, MPH, MCHES.
If you have any questions in regards to this memorandum, you may contact me at ext. 5162.
Thank You. LaShonda M. Malrey- Horne, MPH, MCHES
PUBLIC & COMMUNITY HEALTH • PROGRAM MANAGEMENT
Objective To obtain a challenging, full-time career opportunity as an Executive Director, Program Manager, or Program Director using my education, experience, skills and knowledge, to serve the community and benefit human health and improve quality of life for communities throughout the state of Texas and beyond.
Profile Summary Ability to work with a diverse group of people, including: children and adults of different ages, ethnic groups, sexes, and cultures. Strong communication skills with people of all levels and roles Personable, self-motivated and enthusiastic personality Effective and efficient program/ project manager Community based participatory research Community and public health needs assessment development Experienced in coaching and guiding staff in reaching goals
Education A. T. Still University Kirksville, MO Master of Public Health Graduation Date: February 2011
Texas Woman' s University Denton, Texas Bachelor of Science in Health Studies Graduation Date: August 2003 Certification Master Certified Health Education Specialist MCHES#: 23476 Expires: 3/ 31/ 2021 National Commission for Health Education Credentialing, Inc.
Professional Experience Texas Department of State Health Services- Public Health Region 4/ 5N Tyler, TX Operations Section Chief, Regional Health and Medical Operations Center March 2020- Present For our regional response to the Coronavirus Novel- Covid19 Pandemic I served as the Operations Section Chief. Reporting directly to the Public Health Emergency Preparedness Program Manager( Incident Commander) and the Regional Medical Director, I oversee the regional epidemiology response for the Covid19 pandemic across public health regions 4 and 5 north ( 35 counties) Manage the following sections and their Leads in implementing DSHS/CDC response to the pandemic: o Epidemiology and Disease Reporting Call Center o Regional Epidemiology Contact Investigations Contact Tracing ( using Texas Health Trace system) Healthcare Acquired Covid19 Infections Regional ISD Support Task Force o Isolation Support o County Emergency Management Notification Coordinate with the State Medical Operations Center( SMOC) to obtain qualified contract staff to assist in the response( epidemiologist, nurses, and data entry/ clerical support staff) Serve as a point of contact and DSHS agency representative to staffing agencies and contract staff working within the region Work with the regional Business Services Manager to ensure the response stays within the set budgetary goals Assist the Deputy Regional Director, Incident Commander and the Lead Epidemiologist in working with Local Health Departments and Local Health Districts to implement a seamless coordinated response and effort across the region Communicable Disease Program Manager, Public Health Region 4/ 5N November 2016- Present Responsible for the administration and management of the following programs: o STD/ HIV o Tuberculosis Elimination o Zoonosis Control o Immunizations ( Children & Adults) Supervise and manage a staff of 7 direct reports including 4 Program Supervisors Responsible for the recruitment and hiring of direct reports when positions become vacant Oversee the budget and purchasing processes of all above programs, as well as resources acquisition, program implementation, and quality improvement activities Serve as the Local Responsible Party ( LRP) for data and PHI security for the region Assist the Regional Medical Director with leadership activities including strategic planning and special project work that promotes the mission of the region Represents PHR 4/ 5N at the local, regional and state level in special projects, initiatives, task forces, partnerships and advisory boards regarding public health programs Serve as Incident Command for the 2017 East Texas Medical Outreach primary care service event held June 27-29, 2017, in Van ( Van Zandt), Texas. Serve as Deputy Incident Command for the 2019 East Texas Medical Outreach primary care service event held July 30, 2019, in Clarksville Red River County), Texas. Development and implementation of Rabies Post- Exposure Vaccine Protocol Quality Improvement Project( April- August 2019) Assist in the development of CASPER survey for Deweyville, Texas, community post Hurricane Katrina. Precept Graduate Students from the University of Texas Health Science Center at Tyler during master' s on Public Health Practicum and Capstone courses. Assist with the development of targeted interventions for disease intervention, prevention and elimination related to STD, HIV and TB.
University of Texas Health Science Center at Tyler Tyler, TX Residency and Education Program Manager, Occupational Medicine Residency Program and Department of Community Health and Preventative Medicine January 2015- November 2016 Assist the Program Director and Associate Program Director in the oversight of the ACGME accredited Occupational Medicine Residency Program at UTHSCT Effectively oversee the National Institute of Occupational Safety and Health ( NIOSH) Training Project Grant for Occupational Medicine Residency at UTHSCT Coordinate resident rotations, didactics and education schedules Comply with ACGME program requirements Organize program, faculty and resident evaluations as needed Serve as a member of the Graduate Medical Education Committee Assist the Senior Vice President of Population Health in the development of graduate degree programs in Rural Community Health Assist with the recruitment of faculty and department chairs for the newly created School of Rural Community Health ( August- November 2016)
Program Director, Department of Occupational Health Sciences and Northeast Texas Center for Rural Community Health May 2012- January 2015 Serve as the Program Director for the Transforming North Texas project for Hopkins and Lamar Counties, and Program Manager for Delivery System Reform Incentive Payment( DSRIP) Colorectal Cancer Screening project and Pediatric Weight Management Projects, as well as Cancer Prevention Research Institute of Texas ( CPRIT) colon cancer prevention grant and the National Children' s Study ( Lamar County). Responsibilities for all projects include the following: Supervise a team of 5 health educators responsible for programing efforts in each county Effective and efficient planning and project management Manage an annual combined budget of over$ 1, 000, 000 Budgetary and reporting compliance and oversight for Department of State Health Services ( DSHS), Health and Human Services ( HHS) and CPRIT Maintain relationships and communication between UTHSCT and sub- contractors Work closely with the Principle Investigator, Physician Champions, and other grant/administrative leadership to meet successful project outcomes Provide research assistance to department faculty as needed Serve as co-chair of the Northeast Texas Tobacco Network
Trinity Mother Frances Hospitals & Clinics Tyler, TX Program Manager, Continuing Medical Education February 2012- May 2012 Serve as program manager and coordinator for the physician continuing medical education program for the hospital and clinic medical staff. Responsibilities include the following: Coordinating the CME programs Planning and evaluating CME programs Responsible for organizing the Emergency Room Call Schedule Quarterly writing and production of the Medical Staff Newsletter Generate reports to the Texas Medical Association and American Medical Association as needed
At Home Healthcare Tyler Medicare- Tyler, TX Health Education Outreach Liaison January 2010- February 2012 Serve as an education liaison between AHH and the senior adult population in the Tyler Medicare market and surrounding areas. Responsibilities include the following: Quarterly writing and production of the Home Health Cares for Seniors newsletter Working with Activity Directors of Assisted Living Facilities and senior adult communities to provide recreation and cognitive programming for residents Assist in the development of the homebound senior food distribution in conjunction with the East Texas Food Bank Create monthly cognitive activities for Community Educators to use in their respective markets with senior adults Completed a needs assessment of area Assisted Living Facilities and senior community groups Work with area churches to provide health education for the senior adults in their congregations Assist with the production of marketing materials to be used in the Medicare and pediatric AHH service markets
Tyler Junior College Ornelas Health & Physical Education Center-Tyler, TX Director October 2007- December 2009 Provide administrative direction for the Ornelas Health & Physical Education Center at Tyler Junior College. Responsibilities include the following: Supervise 2 full-time employees and 40 part-time employees Manage an annual budget of over$ 400, 000 Oversee new projects and major building renovations including the purchase, repair, and upkeep of cardio and weight equipment Work closely with the Dean of the School of Continuing Studies and the other Directors Serve as a member of the College' s administrative team Coordinate and direct Summer Activity Camps for Kids Create and build new Continuing Education classes Assist with the marketing of Continuing Education classes Encourage employees of the College to participate in the Putting Your Life on Track( PYLOT) Program Assist in the management of the TJC hurricane evacuation shelter
Diversity Wellness LLC Pilgrim' s Pride Corporation- Pittsburg, TX Health Promotions Supervisor August 2006- October 2007 Provide corporate/ worksite wellness and health education to employees of Pilgrim' s Pride Corporation in Pittsburg, Texas. Responsibilities include the following: Supervising 3 staff members Managing interactions using the database management program CRM Implement 10 Healthy Change Programs o My Healthy Weight Loss o Be Active o Diabetes Awareness o Living with Diabetes o Stop Smoking o Don' t Stress o Be Sun Safe o Staying Healthy o My Healthy Heart o My Healthy Lifestyle Conduct biometric screenings using the Cholestech LDX machine Encouraging employees to complete the Health Risk Analysis ( HRA) surveys Reporting screening results to employees using the Personal Wellness Report Serve as first point of contact for Pilgrim' s Pride Co. management Create and update Community Resource Guide for Pittsburg- Mt. Pleasant area Coordinate annual Health Fair and Tobacco Cessation Health Fair for Pilgrim' s Pride Co. Offices and World Headquarters locations Work closely with Pilgrim' s Pride Co. Occupational Health Nurses and Benefits department to implement monthly topic education Conduct one-on- one and group interventions for various wellness topics
University of Texas Health Center at Tyler Department of Community Outreach and Health Disparities Project Specialist January 2005-August 2006 Responsible for assisting the department Director in various projects including conducting needs assessments, program planning, program implementation and program evaluation, assisting in grant writing, building relationships with faith- based communities, and making presentations in the community. Conducted a Community Needs Assessment for the 75702 & 75708 ZIP codes in Tyler, TX Conducted a church health needs assessment in Smith County, TX Contributed to writing grant proposal Texas Department of State Health Services RFP# DPIS/ NUTRIT- 0133. 1: Community Projects for Nutrition and Physical Activity Implemented the National Cancer Institute Body & Soul Program in 5 churches Developed Community Outreach & Health Disparities website using the Macromedia Contribute program Helped in the development of the COHD newsletter, "The Community Link" Responsible for coordinating volunteers, implementing and evaluating the Steps to Healthy Aging Program Provide in- kind research support for the East Texas EXPORT( Excellence in Partnerships for community Outreach and Research on health disparities and Training) Center funded by the National Institute of Health- National Center for Minority Health and Health Disparities by facilitating Focus Groups for diabetic patients Member of the UTHCT Institutional Review Board
Public Relations and Communications Keynote speaker for the 2019 Northeast Texas Community Health Worker Conference, presentation titled "A CHWs Argument for Community Cam, July 2019 Speaker, 2019 East Texas Research Conference hosted by the University of Texas at Tyler, presentation titled " Collaborative efforts to provide STD, HIV, and pregnancy prevention resources to HBC students in Northeast Texas," May 2019 Presenter for the 2018 Northeast Texas Community Health Worker Conference, breakout session titled " The Privilege Walk: Health Equity& Disparities in the Lives of CHWs," July 2018 Keynote speaker for the 2017 Northeast Texas Community Health Worker Conference, presentation titled " Self-cam for CHWs: The Risk of Burnout," July 2017 Chairperson for the 2016 Leadership Live event sponsored by Leadership Tyler, August 2016 Guest Lecturer for Stephen F. Austin State University Health Policy graduate course in March 2015 Presenter for the January 2014 Transforming Texas Healthy Eating Learning Collaborative Webinar Presenter at the December 2013 Texans Standing Tall Regional Forum- presentation titled ° Local Assessment: Understanding the Impact on Our Communities" Presenter at the 2009 Emerging Recreation Sports Leader' s Conference- February 2009, Tallahassee, FL Guest mini- lecturer at the National Cancer Institute 2005 Body& Soul National Partner Meeting- November 2005, Bethesda, MD Worked with other UTHCT staff to develop a " Healthy Lifestyles Resource Guide" to be distributed throughout the East Texas Area- Spring 2005 Contributed to the development of the " Faith Based Guide for Well- thy Living" program funded by the Texas Department of State Health Services Developed a brochure for the UTHCT North Tyler Community Clinic on the campus of Texas College.
Community Service Alumni Member, Leadership Tyler- Class 25 Member, Delta Sigma Theta Sorority, Inc., Tyler Alumnae Chapter Volunteer Team Lid ; @) i IEFtbsrG? * tf'ftekkers ( Tyler, TX) J.A." ANDY- HAR'XELL, Country Clerk McLennan Ccuny, Texas
FILED. FEB 1 R 2021
By Myrcetez Gowan- Perkins, Deputy The Court went to Item N. 1. Discussion and/ or Action on Matters Re: COVID- 19 including but not limited to Staffing, Emergency Appropriations, Precautions and Plans, Restrictions to Prevent the Spread of COVID- I9, 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- I9, and related matters. INFORMATION ONLY:
DISCUSSION AND/OR ACTION ON MATTERS RE: COVED- 19 INCLUDING BUT NOT LIMITED TO STAFFING, EMERGENCY APPROPRIATIONS, PRECAUTIONS AND PLANS. RESTRICTIONS TO PREVENT THE SPREAD OF COVED- 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
On this the 16 day of February, 2021, came on for consideration the matter 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- I9, and related matters. Emergency Operations Coordinator, Ms. Elizabeth Thomas, updated the Court regarding
Covid- 19. The Court went to Item N. 5. Authorization of Renewal of Emergency Management Plan for McLennan County. ORDER APPROVING:
AUTHORIZATION OF RENEWAL OF EMERGENCY MANAGEMENT PLAN FOR MCLENNAN COUNTY
On this the 16 day of February, 2021, came on for consideration the matter of Authorization of Renewal of Emergency Management Plan for McLennan County. After discussion, Commissioner Jones made a motion to approve the Renewal of Emergency Management Plan and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. The Court went to Item F. 1. e. Re: FY 21 Budget: McLennan and Hill Counties Tehuacana Creek Water Improvement District: Discussion and/ or Action re: Funding Request for Baseline Water Quality Study. ORDER APPROVING:
MCLENNAN AND HILL COUNTIES TEHUACANA CREEK WATER IMPROVEMENT DISTRICT
RE: FY 21 BUDGET
On this the 16 day of February, 2021, came on for consideration the matter Regarding FY 21 Budget: McLennan and Hill Counties Tehuacana Creek Water Improvement District: Discussion and/ or Action regarding Funding Request for Baseline Water Quality Study. After discussion, Commissioner Miller made a motion to approve funding the Baseline Water Quality Study at a maximum of 50% of the 41, 400. 00 and that allows for the County modify if the City of Waco comes in and it' s only a third share and it was seconded by Commissioner Smith. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and
Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. m p xrmvfn of Geo 6F rvvor,J( r Amourvf From: Lehr, Larry( Larry Lehr@baylor. edu) ( mailto: larry Lehr@baylor. edu) APPROVED BY COMMISSIONERS COURT Sent: Wednesday, October 7, 2020 11: 08 AM THIS DAY OF FP€ To: Dustin Chapman< dustin. chapman@co. mclennan. tx. us>; Lehr, Larry COUNTY JUDGE McLennan Cty- Judge Scott Felton< smfelton@co. mclennan. tx. us> Subject: Re: Update on Budget expenditures for Flood Control Districts
Hi D. Attached please find the pre- proposal documents for funding from the Texas Water Development Board. Would it be possible for you to route to the commissioners as background information?
Summary: The City of Waco has made application to the TNRCC to build a landfill which will encompass area in three counties ( McLennan, Hill , and Limestone).
The McLennan and Hill Counties Tehuacana Creek Water Improvement District ( TCWID), a co- sponsor with McLennan County for floodwater control lakes in the county, manages a flood water control lake ( Site 19) adjacent to the proposed landfill and has inundation easements that extend into the footprint of the landfill site. These easements were granted in the late 1950s or early 1960s.
The TCWID responded to a grant solicitation from the Texas Water Development Board TWDB) to fund a baseline water quality study so that in the possible event of degradation in water quality in the flood control lake or impact to the adjacent habitat, there will be an established baseline of pre- landfill water quality that has been estimated by a qualified third party. The baseline study will allow us to compare pre and post water quality and aid in assessing the extent of the damage and remediation efforts required.
We received a bid from Freeze/ Nichols, the engineering firm that assembled the priority rankings of the flood control lakes in McLennan County. Total cost for the year- long study and management of the process was estimated to be$ 80,000. The pre- proposal identified a cost share of$ 5, 000 cash and in- kind services that would be borne by TCWID.
The TWDB approved the pre- proposal application ( it ranked 17th out of 285) however they stipulated that the agency would only pay 46% of the grant request. TCWID is asking all the stakeholders, TCWID, the City of Waco, McLennan County, Hill County, Limestone County, and the Axtell organization formed in opposition to the landfill, to contribute to the shortfall of 43, 000 so that the study can be completed. The actual landfill footprint is not in McLennan County, although some of the infrastructure is, the discharge from the lake is solely within the county.
I am in the process of contacting the other entities to meet with them about the situation. Your DEFERRED BYCOMM4ISSIONERS COURT help in funding the shortfall would be appreciated. THI OF W 20S8L
Attached please find a copy of the pre- proposal that was accepted by the TWDB. COUNTY
DEFERRED BY COMMISSIONERS COURT9n Larry L. Lehr, PhD • THIS I DAY OF Vti 201Q DEFE BY COURT BY CD ISSI COMMISSIONERSrIO oEFE OF W! 20. UNTY JUDGE 41 DEFERRED BY COMMISSIONERS COURT BUJ Si' COUNTY JUDGE T f S DAY_ 20 COU JU J Tl'k COUNTY e SFY 2020 Flood Project Abridged Application E„ ail to fffCditwAb. exgoy By submitting this Abridged Application, you understand and confirm that the information provided is true and correct to the best of your knowledge and further understand that the failure to submit a complete Abridged Application by the stated deadlines, or to respond in a timely manner to additional requests for information, may result In the withdrawal of the Abridged Application without review.
GENERAL INFORMATION Entity Name McLennan and Hill Counties Tehuacana Creek Water Improvement District
Entity Type Special Utility District
Contact Name Dr. Larry L. Lehr Who should TWDB Title Manager contact with questions during Phone 254 715 8203 the review of this submission? Email Larry_ Lehr@hotmail. com
PROJECT INFORMATION Project Name Baseline Water Quality Study on Site 19 Tehuacana Creek W.I. D.
Amount Requested from TWDB 75,000
Financing from Federal Sources 0
if receiving federal funds, include NA the federal agency and program)
5,000( McLennan & Hill Counties Tehuacana Creek Water Improvement Financing from Other Sources District) Total Project Cost
Check here if requesting loan funds $ 80,000 only 0) Category Applied For
0 Category 1 Category 2 Categoory 3 Category 4 Flood Protection Planning for Planning, Acquisition, and Design, Construction/ Federal Award Measures immediately effective in Watersheds Rehabilitation( All combinations) Matching Funds protecting life and property
1 MINIMUM STANDARDS 1. For applicable projects, the benefit- cost ratio of the proposed project is > 1. 0 or an explanation is provided. 2. For applicable projects, a proposed MOU and a project description was provided to all eligible political subdivisions and the list of political subdivisions that received this information is attached to the abridged application. 3. The applicant has acted cooperatively with other political subdivisions to address flood Only projects ® control needs in the area in which the eligible political subdivisions are located; and all eligible that satisfy all political subdivisions substantially affected by the proposed flood project have participated in minimum the process of developing the proposed flood project. standards will ® 4. The funding request does not include redundant funding for activities already performed be included in and/ or funded through another source. the 5. a. The area to be served by the proposed project has floodplain ordinances in place and is prioritization. ® currently enforcing floodplain management standards at least equivalent to National Flood Insurance Program ( NFIP) minimum standards. OR 5. b. Requesting funds to fulfill additional requirements for participation in the National Flood Insurance Program. 0 6. The proposed project was developed using the best and most recent available data. 7. a. ( Construction applicants only) Operations and maintenance costs associated with proposed facilities have been considered. 0 7. b. (Construction applicants only) Floodwater capture techniques have been considered.
2 DESCRIPTION OF PROPOSED PROJECT The applicant is requesting $ 75, 000 to conduct a hydraulic adequacy and baseline water quality evaluation for a conservation lake( Site 19) in Limestone County, Texas. The lake is a floodwater control structure sponsored by the Natural Resource Conservation Service( NRCS), Limestone County, and the McLennan and Hill Counties Tehuacana Creek Water Improvement District( TCWID).
The City of Waco( City) has proposed construction of a landfill adjacent Site 19 ( Site). Drainage area of the lake is approximately 9, 504 acres. Improvements to the drainage area were made vis- a- vis bonded indebtedness by the local landowners in cooperation with the U.S. Department of Agriculture in the late 1950s. The agreement between the entities established a partnership between the U. S. Soil Conservation Service( now NRCS), Limestone County, and TCWID. TCWID is a special utility district under the auspices of the Texas Commission on Environmental Quality( TCEQ). TCWID manages 32 flood control lakes in McLennan and Hill Counties, Texas. Workplans for the District may be viewed at https:// www.nres.usdayov/ Internet/ FSE DOCUMENISLsteiprdb1192823.odf
Site 19 is entirely within Limestone County, although it is adjacent to the county lines for McLennan and Hill Counties. The location is provided on a 7. 5- minute topographical map provided as Appendix 1. The Site is categorized by TCEQ as a high hazard site in terms of potential downstream impact related to flooding, loss of life, loss of livestock, and infrastructure damage.
The reservoir fills seasonally. When the reservoir Is full, approximately 100 acres of the landfill site will be inundated. There is concern that an increase in impermeable surface, slope change, and denudation of the landfill site could increase surface water volume and flow that would exceed the limits of dam design parameters thereby posing a threat to downstream landowners and infrastructure. There is also concern that the landfill represents a significant point source of contamination by leachate and surface runoff.
Landfill leachate is formed when rainwater Infiltrates and percolates through degrading munIcipal solid waste. It is characterized by high organic and inorganic pollutants and is extremely toxic to the environment. Significant impacts of landfill leachate relate to eutrophication of aquatic systems and toxic effects on fauna which are caused by a variety of contaminants. The effects are well documented in peer reviewed studies. Additional information related to leachate generation, characteristics, and health concerns may be viewed at httgs:// vbvw.sciencedirect. com/ topics/ earth- and- planet a ry- science s/ landfil I- legal ra te.
Stakeholders in the area use the waters for livestock, fishing, boating, and recreation. A local news story regarding the concerns of the local community is provided at httos:// www.kxxv.com/ story/ 3875SS15/ waco- city-council- auuruves- p u rc h a s e- of- la n d fl II- site- in- a xte I I
The lake serves a primary habitat for at least one documented pair of American Bald Eagles. It also serves as habitat for a local pelican population (greater than 100 birds), and migratory fowl. Information related to the legal requirements of habitat disturbance may be viewed at httpsJ/ www.eagles.org/ take- action/ habitat- protection/. Application for the landfill has been submitted by the City of Waco to TCEQ and is currently under review. It is the purpose of this application to request funding to conduct a hydraulic adequacy evaluation, establish a water quality baseline, and document pre- development habitat as a metric against which to measure potential changes in water quality and habitat at Site 19 should the landfill be constructed. It is estimated that the study will take over a year to complete thereby ensuring that an accurate data set reflecting seasonal variations can be obtained. If the landfill is approved, construction may interfere with an accurate and unimpacted baseline assessment. It is the opinion of the applicant that the studies should be implemented soon to avoid potential perturbations associated with construction. The study is needed to assess the impact of runoff and water quality on the existing ecological and hydrological system.
3 INFORMATION FOR GRANT FUNDING
Provide information for the applicable level of grant funding:
Category 1: Study area AMHI (weighted average based on population)-$ NA Optional— attached a copy of federal disaster declaration— flood related within the last 60 months)
Categories 2, 3, and 4 For consideration of being outside MSA: Project is entirely located outside of an MSA - Yes_ X_ or No_ Project area AMHI ( weighted average based on population)-$_ 42, 680
Project area Unemployment Rate( weighted average based on population)-_ 9.01 Project area Population Decline ( if any) (based on sum of the population in the project areas)-_ 0679 % For consideration of being an Rural Applicant: All entities within the project benefit area are outside MSAs and have populations < 10,000; or the applicant is a district or municipality with a service area of 10,000 or less in population; located in a county in which no urban area exceeds 50,000 in population - Yes_ X_ or No For consideration of being a Green or Nature- Based project: Percentage of total project costs that are considered green or nature- based- attach the calculation)
The calculations are provided in Appendix 2.
4 PRIORITIZATION CRITERIA Rural Applicant
All entities within the
project benefit area are( a) Yes No outside MSAs and have Please attach a list of all entitles in the populations < 10,000; or project benefit area and U.S. Census Bureau b) a district or municipality 2014- 2018 American Community Survey with a service area of ACS) 5-year estimates data indicating the 10,000 or less in population; population of each area) or( c) a county in which no urban area exceeds 50,000 in population.
Emergency Need Due to Recent or Imminent Failure or recent Flood- related Disaster Declarations.
A need exists for flood 0 0 0
hazard mitigation actions to Yes, due to a Yes, due to Yes, recent flood- No address a clear and recent failure. imminent related disaster imminent threat to public failure. declaration for the health, safety, and welfare proposed project or property due to recent area or imminent failure of existing flood infrastructure or flood- related federal or state disaster declarations within the most recent 36 months that would be significantly mitigated by the proposed project. Distributed Benefits
Is the project expected to directly benefit or include tEl Yes 0 No the active participation of jurisdictions other than the applicant?
5 Estimated Completion Date
When would all project 0 phases expected to be Within 18 months of closing Within 36 months of closing Other complete, assuming funds for the project are closed on in Fall of the current year? Construction Projects Only ( Including PAD plus Construction combined)
Project is anticipated to Yes result in an integral, 0 No reliable, and quantifiable water supply benefit to a specific water user group with an identified need. May include groundwater recharge benefits. Construction Projects Only ( Including PAD plus Construction combined) NA How many structures are anticipated to be removed from floodplains as a result of the proposed project? Non- structural flood mitigation elements
Non- structural flood mitigation elements NA constitute at least 20 percent of the total project costs.
6 Tiebreaker. Average SVI of benefitting area: Click or tap here to enter text.
Social Vulnerability Geographic basis: Index (SVI) 0 Census Tracts Counties
Please attach a list of the selected geographies and an explanation of why they were selected.
Certification on MOUs if MOUs will be I, _ Dr. Larry L. Lehr, serving as Manager of the McLennan and Hill Counties required) TCWID# 1, hereby certify that the McLennan and Hill Counties Tehuacana Creek Water Improvement District# 1, has provided all eligible political subdivisions If no MOUs will be that will be required to submit a Memorandum of Understanding a copy of their required, check here: 0 proposed Memorandum of Understanding and an adequately detailed description of the proposed project.
o 1? p1'O Signature Date
7 ADDITIONAL INFORMATION FOR THE FLOOD INFORMATION CLEARINGHOUSE COMMITTEE
Responses to questions 1 through 7, along with other information included in this abridged application, will be shared with the Flood Information Clearinghouse Committee ( FLICC), a new cooperative effort between the TWDB, General Land Office, Texas Division of Emergency Management, and other state and federal agencies that administer flood mitigation financial assistance programs. After review by the FLICC, the applicant may be advised of other available source( s) of funding.
Low Interest Loan Grant 1. Type of Assistance Requested ( Check all that apply): 0 Loan/ Grant Combination Local Match for Federal Funding
If requesting funds for the local cost share of a federally funded project, the name of the program:
2. County( ies) in which the project is located: Limestone County
3.( If applicable) Associated FEMA disaster name and NA number
4. Does the applicant have an approved Mitigation No Action Plan?
5. Is the community to be served by the project in good There is no incorporated community served, only rural standing with the National Flood Insurance Program? landowners.
6. Will this project involve enlargement of a dam or levee beyond the original footprint of the structure that No existed prior to a disaster event? No, but it could mitigate thre threat of future losses 7. Will this mitigate a repetitive or severe project attributed to an identifiable point source of pollution and repetitive loss property? surface water flow.
8 CERTIFICATION ON ENFORCING FLOODPLAIN MANAGEMENT STANDARDS
Certification on enforcing floodplain management standards I, Dr. Larry L Lehr, serving as Manager of the McLennan and Hill Counties Tehuacana Creek Water Improvement District, Exception: hereby certify that the McLennan and Hill Counties Tehuacana Creek Water The only exception is an Improvement District, is currently enforcing floodplain management standards at entity that is requesting least equivalent to National Flood Insurance Program ( NFIP) minimum standards, FIF funding to fulfill but it may exceed the NAP minimum standard. additional requirements for participation in the National Flood Incur. w `, I Program. If this is the 1 situation, check here: Signature Date
9 ATTACHMENT CHECKLIST
N/ A Attachment Description 0 List of entities receiving the proposed MOU and project description Benefit- Cost Ratio required information.
0 Documentation indicating the best/ most recent data was used in the development of the proposed project. 0 Documentation demonstrating the area to be served by the proposed project has floodplain ordinances in place and the appropriate entity has certified that it is currently enforcing floodplain management standards at least equivalent to National Flood Insurance Program ( NFIP) minimum standards.( The only exception is an entity that is requesting FIF funding to fulfill the requirements for participation in the National Flood Insurance Program.) ba 0 If requesting grant funds that rely on a calculation of the AMHI, Unemployment Rate, or Population Decline then attach the calculation of the weighted average amounts for the project area based on the applicable U. S. Census Bureau geographic areas such as County, Place( City), Census Tract, or Block Group and the ACS data sources described in the IUP. O 0 If requesting prioritization points for' Rural Applicant", a list of all entities in the project benefit area and U. S. Census Bureau 2014- 2018 American Community Survey( ACS) S- year estimates data indicating the population of each area. 0 ( If applying for matching funds) Documentation of an existing federal award pending availability of local match. 0 ( If the project involves property acquisitions) Documentation supporting the determination that acquisitions are the best solution and the properties are a high risk. Construction projects) Description of the anticipated funding source for operations and maintenance costs. 0 ( Construction projects) Map and description of area benefitting from the proposed project, including a list of all benefitting political subdivisions.
If applicable) Documentation of recent or imminent infrastructure failure causing an emergency need or a flood- related federal or state disaster declaration within the most recent 36 months that would be significantly mitigated by the proposed project. O 0 List and explanation of geographies used to determine average SVI.
Certification on enforcing floodplain management standards for all applicable areas
0 Additional Information for the Flood Information Clearinghouse Committee
10 TEXAS WATER CODE SECTION 15. 005 MEMORANDUM OF UNDERSTANDING This is a Memorandum of Understanding( MOU) between the McLennan and Hill Conn ies Tehuacana Creek Water Improvement District ( TCWID) and the governing bodies ( ENTITIES B) of 1) Natural Resource Conservation1Service, Hill County; 2) Hill County Blackland SWCD # 540; 3) Natural Resource Conservation Service, McLennan County; 4) Hill County Commissioner' s Court; 5) McLennan County Commissioner' s Court. 6) Limestone County Commissioner' s Court WHEREAS, pursuant to Texas Water Code§ 15.005 and 31 Texas Administrative Code§ 363.408, if the Executive Administrator determines that an application has flood control as one of its purposes and that the watershed in which the project is located is partially located outside the political subdivision making the application, the applicant must submit a written memorandum of understanding relating to the management of the watershed In which the project is to be located, signed by all governing bodies of eligible political subdivisions located in the project watershed; and WHEREAS, TCWID has filed an application with the Texas Water Development Board for funding a project that has flood control as one of Its purposes; and WHEREAS, TCWID has determined that the watershed in which the project is located is partially located within the jurisdiction of ENTITIES B as identified in paragraph 1. NOW THEREFORE, in consideration of the benefits to,the Tehuacana Creek Watershed and the
State of Texas, TCWID and ENTITIES B agree to the following: 1. TCWID will provide quarterly progress updates to ENTITIES B as the project develops and
changes.
2. TCWID will notify ENTITIES B of any potential change in impacts to ENTITIES B within the • quarter of the identified change. 3. ENTITIES B will provide constructive input to TCWID as the project develops and changes. 4. TCWID and ENTITIES B will work cooperatively for the management of the McLennan and Hill Counties Tehuacana Creek Watershed.
arry L. Le r, . cLennan a ill Counties TCWID
Responsible Official
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u Appendix 3. MOU Distribution List for TWDB Pre- App Proposal
The following entitles will be contacted by certified
Judge Justin W. Lewis, County Judge Hill County Hill County Commissioners Court PO Box 457 Hillsboro, Texas 76645 Certified mail receipt 7019 0140 0000 2718 0079
Judge Scott Felton, County Judge McLennan County McLennan County Commissioners Court 215 N. 511' St. Ste 125 Waco, Texas 76701 Ce' tifled mail receipt 7019 0140 0000 2718 0161
Brian Wilde, District Supervisor. Natural Resource Conservation Service, Hill County 1500 N. Highway 77 Hillsboro, Texas 76645 Certified mail receipt 7019 0140 0000 2718 0154
Todd Kimbrell, Jr., Chairman Hill County Blackland SWCD# 540 PO Box 756 Hillsboro, Texas 76645- 0756 Certified mail receipt 7019 0140 0000 2718 0147
Clete Vanderberg, District Supervisor Natural Resource Conservation Service, McLennan County 6109 South 135 Robinson, Texas 76706 Certified mail receipt 7019 0140 0000 2718 0130
Richard Duncan, County Judge Limestone County Limestone County Commissioners Court 200 West State Street, Ste 101 Groesbeck, Texas 76642
0 14 Appendix 4, Benefit/ Cost Ratio
The project description emphasized three points: potential flooding, habitat change, and contamination. A Benefit- Cost Ratio is difficult to assess with respect to the nature of the request. Calculation requires an intensive study that involves the quantification of ecologically contingent evaluations across a range of scenarios. That is simply not possible, nor practical, in this instance. There are however statements that can be made related to the scope of work, goals of the watershed, and the previous identification of residential housing, infrastructure, and flooding potential that Can be addressed in a qualitative way that intuitively results in a benefit- cost ratio greater than 1.
Flooding The proposed land fill tract is 502 acres and borders Site 19. First approximations of the landfill estimate elevational changes of over 100 ft. over the tract. Though the quantity of surface run- off may be similar to pre- development conditions, the rate at which the run- off occurs could be significantly different.
The dam on Site 19 is approximately 60 years old and the lake has silted significantly( and faster) than original design estimations, thereby reducing capacity of the retention basin. A sunny day breach analysis was prepared for a TCEQ mandated emergency action plan in circa 2017 because Site 19 is classified as a high risk site. Figure 2 provides the routing information generated for that study. At 79% PMF, a breach impacts electrical transmission lines. It also identifies the location of 68 residences or businesses that would be within or near the flood plain after a breach. A breach would most likely cause greater damage than the cost of the funding request($ 75. 000)
Habitat The catchment basin and riparian areas of the four tributaries draining into the basin( Williams, Packwood, Horse, and House Creeks) and the downstream riparian area, extending approximately 12 miles to the main channel of Tehuacana Creek and another 4 miles to the Brazos, support a range of wildlife species, including Bald Eagle and Mexican Eagle populations. There has not been a thorough or adequate evaluation of habitat conducted by the City of Waco( an assessment conducted for the initial permitting application was conducted over three days on the City of Waco tract in the hottest season of the year). Critical habitat for endangered or threatened species is specified in federal law. An assessment is important to compare prior condition to post- development change to adequately identify remediation and abatement efforts if flooding and contamination occur.
Potential Contamination Numerous studies have identified the toxicity of landfill leachate. As an example, a study by Schrab. G. E., Brown, K. W.& Donnelly, K.C. ," Acute and genetic toxicity of municipal landfill leachate", Water Air Soil Pollution 69, 99—I 12( 1993). https:// doi. org/ 10. 1007/ BF00478351) assessed threats posed by leachates to groundwater. The use of a battery of acute and genetic toxicity bioassays, chemical analysis, and an estimated cancer risk calculation resulted in evidence that MSW landfill leachates are as acutely and chronically toxic as co-disposal and hazardous waste landfill leachates.
Ratio Extrapolation Impacts from each of the potential impacts above, at a minimum, is significantly greater than the$ 75, 000 grant request. The funding and subsequent implementation of the studies would provide essential information to calculate impact and serve as the basis for abatement/ mitigation of flooding or contaminate
migration.
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J 7 01 C CC a) 0 Uau k a ° 7 7 e 2 k w I- Draft Scope and Fee: Water Quality Survey of NRCS Reservoir
Disclaimer: The purpose of this draft score and fee Is to provide a description of the tvoe of work that may be involved In a baseline water auality study and dam hydrologic capacity analysis. A baseline study May involve more or fewer tasks than described below. It is also intended to provide the reader an estimate of what it might cost to do a baseline water quality survey like the one described below and a dam hydrologic capacity analysis on a dam like that at NRCS reservoir 19. This is not Intended as a formal offer of work.
Purpose: Characterize baseline water quality In NRCS reservoir 19 located northeast of Waco. Baseline water quality information will be used to evaluate possible water guar changes resulting from construction of adjacent municipal landfill.
Possible water quality changes that may occur include:
Changes In dissolved oxygen concentrations( e/ the} reaching I eh that are low enough or high enough to be harmful to aquatic life). (/ ( ' Changes In concentrations of the macronts, nitrogen and phosp r s. o Abnormal increases in nutrients may use algal bfoiorns that cause scums, turbidity or toxicity to fish and wilQlife, N// v o Increased phytoplankt n ncentrations may cause abnormal, extreme changes In dissolved oxygen and p!( o ammonia toxicity\ \\ Increasedd sedimentatiomN.sedimentation, o May cause Increased turbidity ith n We Impavn rooted aquatic plants o May bury aquatic Invertebrates (\/ o Mayburyry pa\ r fish o May affect temperrIngllae ure regimes by rtt Ing the reservoir shallower and decreasing I\ e t t buffe tmteeraturect I nges ncreased exposureto a wideyariety of chemical contaminants that may cause acute or chronic
tppacts to fish, w lille and aquatk vegetation tOrostatk pressure changes on DdJacent groundwater that change groundwater flow into the
resery
Tasks:
Quarterly water ality sampling o Field measurements of dissolved oxygen, temperature, pH and specific conductance In the vertical profile( 1 foot below the surface, every 3 feet to the bottom and 1 foot above the bottom) at four locations Indicated in the attached map. Secchi disc transparency at each location. o Phytoplankton samples from a depth of 1 foot at each of the four locations to be analyzed for community composition and densities o Field observations will be collected at each location— water color, relevant weather conditions, presence/ absence of scums or other visually relevant conditions
Draft NRCS Water Quality Monitoring Estimate: Freese and Nichols, Inc., David Buzan May 8, 2020 Page 1 of 5 o Collection of routine water chemistry samples at 1 foot below the surface at the reservoir station. Analysis in commercial laboratory for nitrate and nitrite nitrogen, ammonia nitrogen, total phosphorus, orthophosphate phosphorus, total and suspended solids, chlorides, sulfates, chlorophyll a, and total organic carbon. These are TCEQ' s routine water quality monitoring parameters and it gives the data common currency with the data TCEQ typically sees. Annual intensive sampling( 2- day effort)( sometime June- August) o Fish community sampling— seining, gill netting and electrofishing o Benthic macroinvertebrate community sampling. If the reservoir is stratified at the time of sampling and an anoxic or hypoxic bottom layernas developed, these samples will be collected in shallower water near the shorelin,p o Aquatic vegetation survey: identification and estim ed coverage of different rooted aquatic plants c/ o Limited bathymetric survey to characterize water depthsnd bottom shape o Collection of water, fish tissue and' sediment samples for pent Ily relevant contaminants like some heavy m Isand possible organic cotgpoun‘ ds Final report o Summarize work conducted o Summarize data with focuson analysis an display of data that would facilitate comparison to future cohdltior this should'Iaplltate the use of the baseline data to determine If there are effects causedoy the landfill O
Draft NRCS Water Quality Monitoring Estimate: Freese and Nichols, Inc., David Buzan May 8, 2020 Page 2 of 5 Estimated fee
Task Description Total
Quarterly Two biologists drive back and forth from Austin office each trip. 9, 000 sampling Approximately 4 hours on the water. Expenses include mileage, water quality meter rental($ 100/ day) and boat rental( up to$ 350/ day) for each trip. One of the quarterly trips would be combined with the annual sampling so there would only be three trips in addition to the annual sampling trip.
Phytoplankton analysis. Microscopic analysis and microscope rental $ 3, 000 100/ day) Lab analysis of water chemistry samplesAbouf$ 250/ sample 1,000 Annual sampling Two biologists spending two days on the w ter and spending the 8, 500 night in a motel K Expenses:$ 4,500 for lab analy; i$ oftontaminanh\$400 for benthic $ 6, 700 macroinvertebrate sample art'aalysis, plus rental of bolt; nets, electrofisher, depth sound& l Dam Hydrologic 26, 132 Capacity Analysis Report Develop a report' thatwould go thr`bup( 0m•' round of review btlthe $ 4, 500 client and be providedMro paper copies and an electronic copay Project 2, 700
managementT without v 61, 532 contingency coMingenty 1 2 ^\ 10% Contingency l ( Nl 6, 000 Total with confingenc \ \\ / 1 I 67,532
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JA." A.NDY HARWEL L, County Clerk McLennan Couny, Texas
FILED: FEB 1 6 2021
By Myrcetez Gowan- Perkins, Deputy The Court went back to Item C. Public Comments. AGENDA: FEBRUARY 16, 2021
C. Public Comments
10: 31
County Judge Felton opened the floor to anyone present who wished to address the Court on County business matters. Mr. Kevin Kuretsch addressed the Court regarding the end of Red Fish Lane. Not hearing anyone else speak, County Judge Felton closed the hearing. The Court went to L. Grants/ Grant Proposals. AGENDA: February 16, 2021
L. Grants/ Grant Proposals:
1. Regarding U. S. Department of Treasury Emergency Rental Assistance Program
a. Presentation regarding Federal Emergency Rental Approved Assistance Grant See Beginning of the Meeting)
b. Discussion and Action on Adopting the McLennan Approved County Emergency Rental Assistance Program
c. Discussion and Action on Approving Interlocal Approved Cooperation Agreement with the City of Waco re: Administration of McLennan County Emergency Rental Assistance Program)
2. Regarding the Texas Department of Family and Protective None Services( DFPS) Title IV- E Grant Contract No. HHS000285100008 for Legal Services: Authorization of Title IV-E Legal Assistance Claim (Quarter Ended 9/30/ 20) 10: 36 INFORMATION ONLY:
PRESENTATION RE: FEDERAL EMERGENCY RENTAL ASSISTANCE GRANT
RE: U. S. DEPARTMENT OF TREASURY EMERGENCY RENTAL ASSISTANCE PROGRAM
On this the 16 day of February, 2021, came on for consideration the matter of Regarding U. S. Department of Treasury Emergency Rental Assistance Program: Presentation regarding Federal Emergency Rental Assistance Grant. City of Waco Representative, Ms. Raynesha Hudnell, presented to the Court regarding the McLennan County Emergency Rental Assistance Program. 3 0)
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Gi Gal 3 z 0 Ng 4 5 rot j In la NIV a r* 1 5 H we 3 9' - r al FrWis) r R- m w a 5 a 2u o to O AV, 1T-- N N jii a F CD + 7] C N ri z m O m . cal cl i V. A G nl CD b r C A ORDER APPROVING: ACTION ON ADOPTING THE MCLENNAN COUNTY EMERGENCY RENTAL ASSISTANCE PROGRAM AND ACTION ON APPROVING INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF WACO( RE: ADMINISTRATION OF MCLENNAN COUNTY EMERGENCY RENTAL ASSISTANCE PROGRAM1 RE: U. S. DEPARTMENT OF TREASURY EMERGENCY RENTAL ASSISTANCE PROGRAM On this the 16 day of February, 2021, came on for consideration the matter of Regarding U. S. Department of Treasury Emergency Rental Assistance Program: Discussion and Action on Adopting the McLennan County Emergency Rental Assistance Program and Discussion and Action on Approving Interlocal Cooperation Agreement with the City of Waco ( re: Administration of McLennan County Emergency Rental Assistance Program). After discussion, Commissioner Miller made a motion to approve and it was seconded by Commissioner Smith. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. Item L. 1. c. Action on Adopting the McLennan County Emergency Rental Assistance Program and Discussion and Action on Approving Interlocal Cooperation Agreement with the City of Waco ( re: Administration ofMcLennan County Emergency Rental Assistance Program) will be recorded at a later date * P C0 N O 3 mz m O CD a) C O O ; Z W 0m 0 0 o 3 M 0 0 3 2- , 0 Y1J cs) CY< N. a CDtat' 0 a; 3 n cf, 1. V / D D D rh CD D in CD 0 2J K CD , O O m m n n C N m l O G m m ? a m 0 O —EL O O — it, C 7s co a co N co a o3 C N N 7 5 S co N mp . 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N N S m nan c ' ( mma ° mcoC _: <: <_. < ' T `' m 1maco a < C DDC c ( o2 • CI) 0 7 O 0) f) f) CD 107 m0) d 7 3 Oi ( y. 3 m 0 n N. 7 7 -, 7 7•`< 7 0 O' . 0) —C 0) 7 33 D) 0• 3 m. ! f0 CO d C y 0) 0) -, 0) 0) 0) m N d n 7 u 7 7 D 3 3 co C 0 o 0 O - m m 7 7 7 .+ 7 C 0 'nf ' am xcn 1 T - TT - o) TTT N 11 N) W a CT O) V N W A n O) (V fD 0) c) o m m a-,' 3 m m o d co co a)) a c a 303 0 CO m 0 °)3 0 K m mm o) m vm z 5 d CO 3 0 70 0 G• D• CO am 00 3 CD 0 0 pa 2 O) V 03 03 CD, ( 2 & a 2 J m c r•0 CD CD C CD 0 o 0 ` JCD CDW q }/ CD Sr. S- 2 ) 0 a: CD CD m mu) a- g2 k C co ra" °/ ZE I &] a « $ ( aG 2 £ s § I £ cI • k E co m en 2 co 2 a 0 7 5J R C \\ 0 _ n CD } 0 CD k Cl) tri 7 CD 13 m a PI a 0 E a 3 CO c 2_ Cl) 2 0 a CD m f n 0 t CD E 7 71 c m § n>r- = co g CD U 3 0 tai a g g N g 7 23 V ¥ ¥ ¥ 0 m - XJ K The Court went to Item H. 4. Authorization of Industrial Business Grant Agreement with Amazon. com Services LLC for Investment in Industrial Real and Personal Property. ORDER REGARDING: AUTHORIZATION OF INDUSTRIAL BUSINESS GRANT AGREEMENT WITH AMAZON. COM SERVICES LLC FOR INVESTMENT IN INDUSTRIAL REAL AND PERSONAL PROPERTY On this the 16 day of February, 2021, came on for consideration the matter of Authorization of Industrial Business Grant Agreement with Amazon. com Services LLC for Investment in Industrial Real and Personal Property. After discussion, Commissioner Smith made a motion to and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorizations be, and the same are hereby, approved by unanimous vote. The Court went to Item I. Waco- McLennan County Economic Development Corporation WMCEDC): Authorization of Agreements; Consulting Services; Proposed Projects / Program Project Agreements/ Amendments/ Pay Applications. AGENDA: FEBRUARY 16, 2021 I. Waco- McLennan County Economic Development Corporation WMCEDC): Authorization of Agreements; Consulting Services; Proposed Projects/ Program Project Agreements/ Amendments/ Pay Applications: I. Regarding the Program Project Agreement with Uzin Utz North Approved America, Inc.: Authorization of Payment Request# I See after Item H. 4.) 10: 48 ORDER APPROVING: AUTHORIZATION OF PAYMENT REOUEST# I RE: THE PROGRAM PROJECT AGREEMENT WITH UZIN UTZ NORTH AMERICA. INC. On this the 16 day of February, 2021, came on for consideration the matter of Regarding the Program Project Agreement with Uzin Utz North America, Inc.: Authorization of Payment Request I. After discussion, Commissioner Jones made a motion to approve and it was seconded by Commissioner Smith. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. WACO MCLENNAN COUNTY ECONOMIC DEVELOPMENT CORPORATION P.O. Box 1220 * Waco, Texas 76703- 1220 254) 757- 5600 * ( 254) 757- 5639— fax February 10, 2021 Judge Scott Felton McLennan County P. O. Box 1728 Waco, Texas 76703 Re: Payment Request# 1 Uzin Utz North America, Inc. Dear Judge Felton: Attached is a copy of the payment request submitted by Uzin Utz North America, Inc. ( UUNA). Per the Program Project Agreement approved January 16, 2021, Sections 1. 2. 1, UUNA has fulfilled the requirements for the Initial Incentive Fund Payment from WMCEDC, providing the necessary documentation, and has submitted its first request for disbursement of funds. The company has submitted a request for$ 500,000. Having verified UUNA has met the terms of the initial incentive fund payment outlined in the program project agreement, staff respectfully submits this draw request for payment. The County' s portion of this payment request is one- half of the total or$ 250, 000. If you have other questions or need additional information, please let me know. Sincerely, Matthew T. Meadors Administrator Enclosures Received: eReqUkSC cw.' t S F* nzIvt YOe.TS4 IOTAt.a,db $ 25Z DOD APPROVED BY COMMISSIONERS COURT THIS I DAY OF__E 20 ZI UNTY JUDGE a z 420 209, STREET NORTH BAKER, DONELSON SUITE 1400 BEARMAN, CALDWELL&. BERKOWITZ, PC SHIRT TOWER BIRMINGHAM, ALABAMA 35203 1. 205. 250. 8335 m h! o h n s o n e b a k e rtl o n a I s o n. c o m February 9, 2021 Via Email kcollinsnwacochamber. com Ms. Kristina M. Collins Sr. Vice President— Economic Development Greater Waco Chamber 101 S. Third St. Waco, TX 76701 Re: Request for Initial Incentive Fund Payment to Uzin Utz North America, Inc. UUNA") per Project Program Agreement between Waco McLennan County Economic Development Corporation and UUNA( the" Project Agreement") Dear Kris, As you are aware, UUNA recently closed on the purchase of the real estate parcel in Waco where it will construct a manufacturing facility. Pursuant to Section 1. 2. 1 of the Project Agreement, we hereby submit this request on behalf of UUNA for disbursement of the Initial Incentive Fund Payment. A copy of the recorded deed is attached. Please inform me of any additional information or details you may need. I wish to express our sincere thanks for your valuable support of this project. Sincerely yours, Michael H. Johnson External Legal Counsel for Uzin Utz North America, Inc. Encl. Cc: Mr. Pieter de Lange( w/out encl.) 4810- 4452- 2971v1 2951466- 000001 VIRGINIA• WASHINGTON. D. C. ALABAMA• FLORIDA• GcU&, IA• LOUISIANA• MARYLAND• MISSISSIPPI• SOUTH CAROUNA• IENNESSEE• TEXAS• JA.' A\ DY" HAS'WE!!, County Clerk McLennan Couny. Texas FILED: FEB 1 s 2021 By Myrcetez Gowan- Perkins, Deputy The Court went to Items: K. 1. Approval of Resolution and Order regarding Acquisition of Land for North Crooked Creek Road Project and K. 2. Approval of Resolution and Order regarding Acquisition of Land for Panther Branch Road Project. ORDER REGARDING: APPROVAL OF RESOLUTION AND ORDER RE: ACQUISITION OF LAND FOR NORTH CROOKED CREEK ROAD PROJECT AND APPROVAL OF RESOLUTION AND ORDER RE: ACQUISITION OF LAND FOR PANTHER BRANCH ROAD PROJECT On this the 16 day of February, 2021, came on for consideration the matter of Approval of Resolution and Order regarding Acquisition of Land for North Crooked Creek Road Project and Approval of Resolution and Order regarding Acquisition of Land for Panther Branch Road Project. After discussion, Commissioner Perry made a motion to approve both Items and it was seconded simultaneously by Commissioner Jones and Commissioner Smith. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorizations be, and the same are hereby, approved by unanimous vote. A RESOLUTION AND ORDER OF THE McLENNAN COUNTY COMMISSIONERS COURT— ACQUISITION OF LAND FOR NORTH CROOKED CREEK ROAD PROJECT WHEREAS, the North Crooked Creek Road Project (" Project") is for replacing and improving a closed and failing bridge on N. Crooked Creek Road, a road in unincorporated McLennan County; and WHEREAS, specifically, the right of way sought to be acquired is necessary for the construction and widening of the bridge and for utility relocation; and WHEREAS, due to the road improvement and widening that is part of the Project, it is necessary to acquire certain parcels of land which will involve acquiring only a portion or portions of privately- owned tracts of land; and WHEREAS, the acquisition process will be carried out by County staff and professionals engaged by the County; and WHEREAS, it is found and declared that the real property to be acquired for the Project is necessary to carry out the Project, and that the Project is necessary for protecting and serving the welfare and convenience of the public. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE COMMISSIONERS COURT OF MCLENNAN COUNTY, TEXAS THAT: 1. Incorporation of Recitals. The foregoing recitals are incorporated herein and made findings of fact. 2. Additional Findings. It is found, determined and decreed that the Project is a public project serving a public purpose. It is further found, determined and decreed that there is a public necessity for acquisition of the real property for the Project, and that the safety, welfare, and convenience of the public will be served thereby. 3. Property to be Acquired. As currently designed the Project will be located generally along the existing road. 2 parcels must be acquired from 2 owners ( one each). These parcels are set forth collectively in Exhibit" A" hereto. 4. Acquisition Process. The Commissioners Court intends to engage Millard Real Estate Advisors, Inc. ( hereinafter " Millard") which specializes in right- of-way acquisitions. Millard will handle all dealings with the property owners including providing required notices and information in accordance with the law, negotiating to obtain a voluntary sale, documenting any proposed voluntary sale for approval by the Commissioners Court, documenting all attempts to reach a voluntary sale to assist County legal if eminent domain is required, and other services that may be required to acquire the right- of-way. Millard shall also be responsible to provide the services of appraisers and to provide for title work through subcontractors. Millard will be reimbursed for amounts paid to subcontractors. Millard shall work closely with the County Engineer and County legal. County legal will be responsible for drafting documents to be recorded in the Official Public Records of McLennan County, Texas. The County Engineer oversees the process. The process, through the final bona fide offer stage will not require Commissioners Court action. However, actual purchase of the parcel requires Commissioners Court approval. The final bona fide offer shall make clear that it is subject to Commissioners Court approval. County legal, Haley & Olson, P. C. will assist in the Project by reviewing title, attempting where possible to cure title objections, drafting necessary legal documents, dealing with the title company, and other matters as the Project requires. For properties for which an agreed purchase and sale cannot be reached Haley& Olson, P. C. shall be responsible for coordinating the eminent domain process, including but not limited to: preparing and presenting to the Commissioners Court for approval a resolution making findings with regard to the property and the attempts at voluntary acquisition, and authorizing the initiation of an eminent domain proceeding to obtain the property; filing and prosecuting the action in court; obtaining possession during the pendency of suit where proper; and pursing the matter to final conclusion. 5. Authorization for Eminent Domain Actions. Haley & Olson, P. C. is authorized and engaged to initiate and conduct eminent domain proceedings where an agreed purchase and sale cannot be reached— however, a resolution of the Commissioners Court as to the particular property is necessary prior to the initiation of such proceedings as set forth above. 6. Just Compensation. The County is entitled to rely on the valuation determined by the real estate and/ or appraisal professionals as establishing just and adequate compensation. 7. Ratification and Approval. Any steps taken to acquire needed properties taken prior to this Order are ratified and approved, including bona fide offers made or memorandums of agreement negotiated and executed. RESOLVED and ORDERED on the Ku day of February, 2021. County Judge SCOTr n. FecronJ Cou Clerk r eputy EXHIBIT A CRtyc Partners for a Better Quality of Life Legal Description 0. 227 Acre, 86 Foot Wide Right of Way Dedication McLennan County, Texas BEING A 0. 227 ACRE, 85 FOOT WIDE TRACT OF LAND, SITUATED IN THE CATHARINE RHODES SURVEY, ABSTRACT NO. 763, MCLENNAN COUNTY, TEXAS, AND BEING A PORTION OF THAT CALLED 4. 687 ACRE TRACT OF LAND DESCRIBED IN DEED TO ROBERT BRYANT AND WIFE, ANN MARIE BRYANT, AS RECORDED IN COUNTY CLERKS FILE NUMBER 2013002539 OF THE OFFICIAL PUBLIC RECORDS OF MCLENNAN COUNTY, TEXAS ( O. P. R. M. C. T.). SAID 0. 227 ACRE, 85 FOOT WIDE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 5/ 8 inch iron rod found, lying in the southwest line of said 4.687 acres, being the easterly common corner of that called 4. 057 acre tract of land described in deed to James D. Hestilow, as recorded in County Clerks File Number 200038578 of said O. P. R. M. C. T., and that called 6. 75 acre tract of land described in deed as" Tract Two" to Kenneth G. Lomenzo, as recorded in County Clerics File Number 2006020551 of said O. P. R. M. C. T., and also lying on the southwest side of North Crooked Creek Road. From which, a 1/ 2 Inch iron rod found, being the westerly common corner of said 4.687 acres and that called 4. 366 acre tract of land described in deed to Ralph L. Campos and wife, Jeri L. Campos, as recorded in Volume 1825, Page 114 of the Deed Records of McLennan County, Texas( D. R. M. C.T.), and lying in the northeast line of said 4. 057 acres bears N 34° 37' 02" W, a distance of 74. 47 feet; THENCE S 33° 05' 45" E, along the common line of said 4. 687 acres and Tract Two, a distance of 92.62 feet, to a 5/ 8 inch capped iron rod set and stamped" CP& Y" for the POINT OF BEGINNING and west corner hereof; THENCE leaving said common line, over and across said 4. 687 acres, the following three( 3) courses and distances: 1) N 56° 54' 15" E, a distance of 85. 00 feet, to a 5/ 8 inch capped iron rod set and stamped " CP& Y" for the north corner hereof 2) S 33° 05' 45" E, a distance of 123. 66 feet, to a 5/ 8 inch capped iron rod set and stamped" CP& Y° for corner; 3) S 32° 33' 32" E, a distance of 15. 93 feet, to a 5/ 8 inch capped iron rod set and stamped" CP& Y" in the approximate centerline of Crooked Creek, being the common line of said 4.687 acres and that called 2. 50 acre tract of land described in deed to Joe B. Hestilow and wife, Cinda K. Hestliow, as recorded in County Clerks File Number 9936707 of said O. P. R. M. C. T., for the east comer hereof; THENCE along said common line and with the approximate centerline meanders of said creek, the following three ( 3) courses and distances: 1) S 83° 00' 40" W, a distance of 45. 18 feet, to a point for corner; 2) S 87° 37' 44° W, a distance of 21. 39 feet, to a 5/ 8 inch capped iron rod set and stamped " CP& Y" for corner; Page 1 of 3 200 Weal Hginor 6, Site 620 Waco, Tan 26712 76PE a F. nu 6P` 61110' o41" M LCE1900666_ ROW_ B rya nt pint???9272 ( 1) 264. 7762924 ram cp(l.tdn 3) N 80° 06' 37" W, a distance of 35.39 feet, to a point for corner, being the westerly common corner of said 4. 687 and 2. 50 acre tracts, and lying in the northeast line of said Tract Two, and also lying on the southwest side of said road. From which, a 1/ 2 inch iron rod found, being the easterly common corner of said Tract Two and that called 3.41 acre tract of land described in deed as ° Tract One° to Kenneth G. Lomenzo, as recorded in County Clerks File Number 2006020551 of said O. P. R. M. C. T., bears S 32° 54' 41° E, a distance of 58. 84 feet; THENCE N 33° 05' 45° W, along the common line of said 4.687 acres and Tract Two, a distance of 84.65 feet, to the POINT OF BEGINNING and containing 0.227 acre, more or less. The bearings shown hereon are grid bearings and based on the Texas Coordinate System, Central Zone( 4203), NAD 83/ 2011. All distances and areas shown are in U.S. Survey Feet. PRELIMINARY, NOT FOR RECORDING Adam M. Whitfield Registered Professional Land Surveyor Texas Registration Number 5786 Date: December XX, 2020 200 West rich ay 6. Sins 620 Waco. Tins 76712 TWEE f• 1111 WIZ/ 10194111 M LC E1900666_ ROW_ B rya nt Page 2 of 3 0t25e. 172. 6272•( 9251. 776. 2624 w+w. cpyizoni EXHIBIT " A" 0. 227 ACRE, 85' WIDE RIGHT OF WAY DEDICATION I MCLENNAN COUNTY, TEXAS I Coiled 4.366 Acres 1 Ralph L. Campos and wife, Jeri L. Campos SCALE: 1'= 60' Vol. 1825, Pg. 114 Called 4. 057 Acres D. R. M. C. T. 6 120 James D. Hestilow MCC No. 200038578 I 0.P. R.M. C. T. CM N 3437' 02' W 74. 47' POINT OF I re, COMMENCING ( s n w E CATHARINE RHODES SURVEY, o ABSTRACT NO. 763 1a Yet 5/8" IRONON I o $ ROD FOUND Ej" Called 4. 687 Acres w Robert Bryant and I . wife, Ann Marie Bryant ml MCC No. 2013002538 l m1 O. P. R. M. C. T. POINT OF BEGINNING ) N 5654' 15* E 85. 00' J o Line Table Called 6. 75 Acres 3 LINE BEARING DISTANCE Kenneth G. Lomenzo c' 0. 227 Acre L- 1 32' 33' 15. 93' Tract Two in L, 1 S 32" E MCC No. 2006020551 in ED 8 85 Foot Wide a L- 2 S 83' 00' 40" W 45. 18' O. P. R. M. C. T. n S Right of Way a in I 3g z Dedication L- 3 S 87' 37' 44" W 21. 39' Z p N L- 4 N 80'06' 37" W 35. 39' N W a I SURVEY LEGEND wv GP i f A -CALCULATED POINT Cv' 1 3 M I / co,_ 0 - NB' CAPPED IRON ROD BET, STAMPED• CPBY' 4. Ur IRON ROD FOUND, UNLESS NOTED N I 2 3 PROPERTY BOUNDARY CM ADJOINING BOUNDARY Called 3. 41 Acres OPJTM.C.T. • OFFICIALPUSUC RECORDS Called 2. 50 Acres MdENNAN COUNTY, TEXAS Kenneth G. Lomenzo I Joe B. Hestilow and D. RM. C. T. . DEED RECORDS WLEN COUNTY. TEnAB Tract One I wife, Cinda K. Hestilow CM - CONTROLLING MONUMENT MCC No. 2006020551 I MCC No. 9936707 I - DEED! RECORDCALL O. P. R. M. C. T. 0. P. R. M. C. T. I BEARING NOTE: THE BEARINGS SHOWN HEREON ARE GRID BEARINGS AND ARE BASED ON CAPS OBSERVATIONS, AND THE TEXAS STATE PLANE COOROINATE SYSIEN. CENTRAL ZONE 4203X NORTH. MEBICM CATUN OF ISB3. AU. DISTANCES AND AREAS SHOWN ME BASED ON ' aaD COORDNAIES" AND ARE IN US SURVEY FEET. 200 W Hwy 6, Sulte 620, Waco, Texas 76712 CPYa 254.772. 9272 TEPEES 10194124 To the best of my knowledge, information, and belief, the plat hereon is a correct representation of the property as determined by a survey made on the ground May 2019, the lines and dimensions of said property being as indicated by the plat. This survey substantially complies with the current Texas Society of Professional Surveyors standards and specifications. PRELIMINARY, NOT FOR RECORDING Date: December XX, 2020 ADAMM. WHITFIELD, RPLS NO. 5786 PAGE 3 OF 3 WORK ORDER MLCE1900866 DIGITAL FILE MLCE1B00666 ROW BRYANT FIELDBOOK fi 1273/32 DRAWN BY SOS D 2020 ALL RIGHTS RESERVED P&tyj Partners for a Better Quality of Life Legal Description 0. 266 Acre, 85 Foot Wide Right of Way Dedication McLennan County, Texas BEING A 0.266 ACRE, 85 FOOT WIDE TRACT OF LAND, SITUATED IN THE CATHARINE RHODES SURVEY, ABSTRACT NO. 763, MCLENNAN COUNTY, TEXAS, AND BEING A PORTION OF THAT CALLED 2. 50 ACRE TRACT OF LAND DESCRIBED IN DEED TO JOE B. HESTILOW AND WIFE, CINDA K. HESTILOW, AS RECORDED IN MCLENNAN COUNTY CLERKS FILE NUMBER 9936707 OF THE OFFICIAL PUBLIC RECORDS OF MCLENNAN COUNTY, TEXAS( O. P. R. M. C. T.). SAID 0.266 ACRE, 85 FOOT WIDE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/ 2 inch iron rod found, lying in the southeast line of said 2. 50 acres and being the easterly common corner of that called 3. 41 acre tract of land described in deed as" Tract One" to Kenneth G. Lomenzo, as recorded in County Clerks File Number 2006020551 of said O.P.R. M. C. T., and that called 70. 05 acre tract of land described in deed to Crooked Creek Horse Farm, LLC, as recorded in County • Clerks File Number 2013039152 of said O. P. R. M. C. T., and also lying on the southwest side of North Crooked Creek Road. From which, a 1/ 2 inch iron rod found, being the southerly common corner of said 70.05 acres and that called 2.50 acre tract of land described in deed to Steven L. VanLaningham and Sharon L. VanLaningham, as recorded in County Clerks File Number 2011011789 of said O. P. R. M. C. T., bears S 32° 33' 32" E, a distance of 337. 04 feet; THENCE N 32° 33' 32" W, along the common line of said 2. 50 acre Hestilow tract and Tract One, a distance of 158. 12 feet, to a 5/ 8 inch capped iron rod set and stamped° CPBY° for the POINT OF BEGINNING and south corner hereof; THENCE N 32° 33' 32" W, continuing along the common line of said 2. 50 acres and Tract One, passing at a distance of 108. 49 feet, a 1/ 2 inch iron rod found, being the easterly common comer of said Tract One and that called 6.75 acre tract of land described in deed as° Tract Two" to Kenneth G. Lomenzo, as recorded in County Clerks File Number 2006020551 of said O.P. R. M. C. T., and continuing along the common line of said 2. 50 acres and Tract Two, for a total distance of 128. 70 feet, to a 5/ 8 inch capped iron rod set and stamped" CP& Y" for corner; THENCE N 33° 05' 45" W, along the common line of said 2. 50 acre tract and said Tract Two, passing at a distance of 16.63 feet, a 5/ 8 inch capped iron rod set and stamped " CPBY" for reference, and continuing for a total distance of 38.63 feet, to a point in the approximate centerline of Crooked Creek for the west corner hereof, and being the westerly common corner of said 2. 50 acres and that called 4.687 acre tract of land described in deed to Robert Bryant and wife, Ann Marie Bryant, as recorded in County Clerks File Number 2013002539 of said O. P. R.M. C. T. From which, a 5/ 8 inch iron rod found, being the northerly common corner of said Tract Two and 4. 687 acres, bears N 33° 05' 45° W, a distance of 177. 26 feet; THENCE along the common line of said 2. 50 and 4. 687 acre tracts and along the approximate centerline meanders of said creek, the following three ( 3) courses and distances: 1) S 80° 06' 37° E, a distance of 35. 39 feet, to a 5/ 8 inch capped iron rod set and stamped " CPBY° for comer, 2) N 87° 37' 44° E, a distance of 21. 39 feet, to a point for comer, Page 1 of 3 200 Weal Highway e, smle ego Waco. Texas 78712 TWO F- iF41 IBM 1019ll4 MLCE1900666 ROW Hestilow p) 254 772 9271.( 0 254. 7782824 w w. tpy1. toe 3) N 83° 00' 40" E, a distance of 45.18 feet, to a 5/8 inch capped iron rod set and stamped" CP&Y° for the north corner hereof, THENCE leaving said common line and creek, over and across said 2. 50 acres, the following two ( 2) courses and distances: 1) S 32° 33' 32" E, a distance of 113. 14 feet, to a 5/ 8 inch capped iron rod set and stamped " CP& Y" for the east corner hereof; 2) S 57° 24' 34" W, a distance of 85.00 feet, to the POINT OF BEGINNING and containing 0.266 acre, more or less. The bearings shown hereon are grid bearings and based on the Texas Coordinate System, Central Zone( 4203), NAD 83/ 2011. All distances and areas shown are in U. S. Survey Feet. PRELIMINARY, NOT FOR RECORDING Adam M. Whitfield Registered Professional Land Surveyor Texas Registration Number 5786 Date: December XX, 2020 200 West Hghway 6. Suite 620 Waco. Tam 76712 Ten ar. 1711 UM 1019194 MLCE1900666_ ROW_ Hestilow Page 2 of 3 01264. 772. 9272•( I) 254. 7762924 wxw. cpyimm CM EXHIBIT " A" 0. 266 ACRE, 85' WIDE N 3___-" W— I' SA" IRON RIGHT OF WAY DEDICATION Called 6. 75 Acres 177, 26' ROD FOUND McLENNAN COUNTY, TEXAS Kenneth G. Lomenzo TractT TwoCalledA 4. 687 Acres Robert Bryant and wife, MCC No. 2006020551 e Ann Marie Bryant O. P. R. M. C. T. i ?? ? MCC No. 2013002539 fps \ 3 O. P. R. M. C. T. 3 o • C. 8 4 j19.7 88. 4 N* . 79 W 0? i• bN Called 3. 41 Acres 4 0. 288 Acre SCALE: 1"= 60' Tract One W 85 Foot Wide 60 120 Kenneth G. Lomenzo I A Right of MCC No. 2006020551 3 Way rN,,a O. P. R. M. C. T. Dedication a Y M r1 4 r' o n in P 1 En POINT OF n BEGINNING CATHARINE RHODES SURVEY, jr, Etk: ABSTRACT NO. 763 O T S 57' 24' 34" W Line Table I o 185.00' Called 2. 50 Acres LINE BEARING DISTANCE d 6 Joe B. Hestilow and wife, L- 1 N 33' 05' 45" W 38. 63' S gl „ g Cinda K. Hestilow II a MCC No. 9936707 L- 2 S 80' 06' 37" E 35. 39' mSI31 m o c O. P. R. M. C. T. L- 3 N 87' 37' 44" E 21. 39' o z 10 U L- 4 N 83' 00' 40" E 45. 18' nlN `°z MI ZI SURVEY LEGEND POINT OF A -mamma POBN O - IVC CAPPED IRON Roo SET, STAMPED fear yr IRON ROD FOUND, UNLESS NOTED COMMENCING I PROPERTY BOUNDARY r — — ADJOINING BOUNDARY OPRJA. C.T. - OFFICIAL PUBLIC RECORDS McLENNAN COUNTY, TEXAS 112 CM - CONTROLLING MONUMENT I 4 DEED/ REaoROCALL Called 70.05. Acres 21 N Crooked Creek Horse Farm, LLC I MCC No. 2013039152 I 0. P. R. M. C. T. IA BEARING NOTE THE BEARINGS SHOWN HEREON ARE GRID BEARINGS AND ARE once OF GPS OBSERVATIONS, AND THE a TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE n 42W). NORTH AMERICAN DATUM Or II ALL DISTANCES 1122I AND AREAS SHOWN ARE BASED ON ' GRIDSCOORDINATE AND ARE IN US SURVEY FEET. NI N. N. \ DI N. MI Called 2. 50 Acres Steven L VanLaninghom and Sharon L. VonLaningham 01C01 O. P. R2.R. M. C. T. 200 W. Hwy 6, suite 620, WMOCCOC, Texas 76712 254. 772. 9272 TBPELS 10194124 17139C To the best of my knowledge, information, and belief, the plat hereon is a correct representation of the property as determined by a survey made on the ground May 2019, the lines and dimensions of said property being as indicated by the plat. This survey substantially complies with the current Texas Society of Professional Surveyors standards and specifications. PRELIMINARY. NOT FOR RECORDING Date: December XX, 2020 ADAM M. WHITFIELD, RPLS NO. 5786 PAGE 3 OF 3 WORK ORDER— MLCE19OO666 DIGITAL FlLE MLCE1900666 ROW HESTILOW _ FIELDBOOK # 1273/ 32 DRAWN BY SOS Co 2020 ALL RIGHTS RESERVED J.A.' ANDY' HARW= LL, Cc:: nv Clerk trICLcrisr,Coan^d Texas FILED: FEB i g 2021 By Myrcetez Gowan- Perkins, Deputy A RESOLUTION AND ORDER OF THE McLENNAN COUNTY COMMISSIONERS COURT— ACQUISITION OF LAND FOR PANTHER BRANCH ROAD PROJECT WHEREAS, the Panther Branch Road Project (" Project") is for repairing and preventing further water damage to the road, enhancing drainage of stormwater, making safety improvements, and widening segments of Panther Branch Road, a road in unincorporated McLennan County; and WHEREAS, specifically: 1) Erosion is causing the roadway to become less safe to the traveling public. 2) The County plans to improve the drainage beneath the roadway by replacing the existing pipe culvert with multiple pipe culverts. 3) The roadway is in a curve and will be straightened a small amount to improve sight distance. 4) The roadway will be widened to allow for two-lane safe travel; and WHEREAS, due to the road improvement and widening that is part of the Project, it is necessary to acquire certain parcels of land ( some in fee and some as permanent construction easements)— which will involve acquiring only a portion or portions of privately-owned tracts of land; and WHEREAS, the acquisition process will be carried out by County staff and professionals engaged by the County; and WHEREAS, it is found and declared that the real property to be acquired for the Project is necessary to carry out the Project, and that the Project is necessary for protecting and serving the welfare and convenience ofthe public. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE COMMISSIONERS COURT OF MCLENNAN COUNTY, TEXAS THAT: 1. Incorporation of Recitals. The foregoing recitals are incorporated herein and made findings of fact. 2. Additional Findings. It is found, determined and decreed that the Project is a public project serving a public purpose. It is further found, determined and decreed that there is a public necessity for acquisition of the real property for the Project, and that the safety, welfare, and convenience of the public will be served thereby. 3. Property to be Acquired. As currently designed the Project will be located generally along the existing road. 4 parcels must be acquired from 2 owner ( two parcels in fee and two as easements). These parcels are set forth collectively in Exhibit" A" hereto. 4. Acquisition Process. The Commissioners Court intends to engage Millard Real Estate Advisors, Inc. ( hereinafter " Millard") which specializes in right-of-way acquisitions. Millard will handle all dealings with the property owners including providing required notices and information in accordance with the law, negotiating to obtain a voluntary sale, documenting any proposed voluntary sale for approval by the Commissioners Court, documenting all attempts to mach a voluntary sale to assist County legal if eminent domain is required, and other services that may be required to acquire the right- of-way. Millard shall also be responsible to provide the services of appraisers and to provide for title work through subcontractors. Millard will be reimbursed for amounts paid to subcontractors. Millard shall work closely with the County Engineer and County legal. County legal will be responsible for drafting documents to be recorded in the Official Public Records of McLennan County, Texas. The County Engineer oversees the process. The process, through the final bona fide offer stage will not require Commissioners Court action. However, actual purchase of the parcel requires Commissioners Court approval. The final bona fide offer shall make clear that it is subject to Commissioners Court approval. County legal, Haley & Olson, P. C. will assist in the Project by reviewing title, attempting where possible to cure title objections, drafting necessary legal documents, dealing with the title company, and other matters as the Project requires. For properties for which an agreed purchase and sale cannot be reached Haley& Olson, P. C. shall be responsible for coordinating the eminent domain process, including but not limited to: preparing and presenting to the Commissioners Court for approval a resolution making findings with regard to the property and the attempts at voluntary acquisition, and authorizing the initiation of an eminent domain proceeding to obtain the property; filing and prosecuting the action in court; obtaining possession during the pendency of suit where proper; and pursing the matter to final conclusion. 5. Authorization for Eminent Domain Actions. Haley & Olson, P. C. is authorized and engaged to initiate and conduct eminent domain proceedings where an agreed purchase and sale cannot be reached— however, a resolution of the Commissioners Court as to the particular property is necessary prior to the initiation of such proceedings as set forth above. 6. Just Compensation. The County is entitled to rely on the valuation determined by the real estate and/ or appraisal professionals as establishing just and adequate compensation. 7. Ratification and Approval. Any steps taken to acquire needed` properties taken prior to this Order are ratified and approved, including bona fide offers made or memorandums of agreement negotiated and executed. RESOLVED and ORDERED on the ( 142 day of February, 2021. yi.€4221 M. County Judge Stoic M• Felton) alvv- Cou Cler or eputy EXHIBIT A EXHIBIT" A" WalkerPartners e engineers * surveyors 823 Washington Ave. Suite 100 Waco, Texas 76701 0.080 ACRE PANTHER BRANCH ROAD RIGHT OF WAY TRACT LOCATED IN THE MIGUEL RABAGO SURVEY, ABSTRACT 33, MCLENNAN COUNTY, TEXAS FIELD NOTES FOR A 0. 080 ACRE PANTHER BRANCHROAD RIGHT OF WAY TRACT LOCATED IN THE MIGUEL RABAGO SURVEY, ABSTRACT 33, IN MCLENNAN COUNTY, TEXAS, AND BEING OUT OF A CALLED 10. 00 ACRE TRACT DESCRIBED IN A DEED TO JOHN E. TIBBS AND SPOUSE, VASANA L. TIBBS RECORDED IN VOLUME 667, PAGE 314 OF THE OFFICIAL PUBLIC RECORDS OF MCLENNAN COUNTY, TEXAS( O. P. R. M. C. T.), SAID 0. 080 ACRE TRACT OF LAND BEING MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT DRAWING AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A BRIDGE NAIL FOUND ON THE EAST SIDE OF PANTHER BRANCH ROAD( ASPHALT PAVING- NO FORMAL RIGHT- OF- WAY DEDICATION FOUND OF RECORD BY THIS SURVEYOR) SAID NAIL BEING THE SOUTH CORNER OF THE ABOVE MENTIONED 10. 00 ACRE TRACT, THE WEST CORNER OF A CALLED 10. 88 ACRE TRACT DESCRIBED IN A DEED TO CARL R. PLISCOTT AND SPOUSE, JENNIFER R. PLISCOTT, RECORDED UNDER MCLENNAN COUNTY CLERK' S DOCUMENT( M. C. C. D.) 2003001216 OF THE O. P.R. M. C. T., AND THE NORTH CORNER OF A CALLED 10. 55 ACRE TRACT DESCRIBED IN A DEED TO JIMMY L. POOL RECORDED IN VOLUME 1651, PAGE 452 OF THE O. P. R. M. C. T., ALSO BEING THE EAST CORNER OF A CALLED 10. 68 ACRE TRACT DESCRIBED IN A DEED TO STEVEN C. SWINGLER AND WIFE, JOAN E. SWINGLER, RECORDED UNDER M. C.C. D. 2008014151 OF THE O. P.R. M.C. T., AND THE SOUTH CORNER OF THE HEREIN DESCRIBED TRACT; THENCE N 46° 38' 46" W- 58.00' CROSSING SAID ROAD WITH THE COMMON LINE OF THE 10.68 AND 10. 00 ACRE TRACTS TO A 1/ 2 IRON ROD WITH CAP STAMPED' WALKER PARTNERS' SET FOR THE WEST CORNER OF THE HEREIN DESCRIBED TRACT, FROM WHICH A 3/8' IRON ROD FOUND FOR A COMMON ANGLE POINT OF THE 10. 00 AND 10. 68 ACRE TRACTS BEARS N 46° 38' 46" W- 293. 02'; THENCE LEAVING SAID COMMON LINE THROUGH THE INTERIOR OF THE OF THE 10. 00 ACRE TRACT THE FOLLOWING TWO CALLS: 1) N 41° 46' 53" E- 87.22' TO A 12 IRON ROD WITH CAP STAMPED' WALKER PARTNERS' SET FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT, 2) S 71° 33' 3T' E- 18.00' TO A 1/ 2 IRON ROD WITH CAP STAMPED' WALKER PARTNERS' SET IN SAID ROAD AND THE COMMON LINE OF THE 10. 88 AND 10.00 ACRE TRACTS, FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, FROM WHICH A 12' IRON ROD FOUND IN THE APPROXIMATE CENTER OF PANTHER BRANCH ROAD, AT AN ANGLE POINT IN THE SOUTHEAST LINE OF THE 10. 00 ACRE TRACT AND NORTHWEST CORNER OF THE 10.88 ACRE TRACT BEARS N 18° 26'23" E- 163. 95'; THENCE S 18° 26' 23" W- 104. 49' ALONG SAID ROAD WITH THE COMMON LINE OF THE 10. 88 AND 10. 00 ACRE TRACTS, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0. 080 ACRE OF LAND AS SURVEYED BY KOREY LEE SMITH, REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 6645 ON NOVEMBER 16, 2020. BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. OF T l. r,P• G18TE •. 41/4 E LEE SM R. P.L. S. 6845 y°?/`' G:'( KOREY LEE SMITH PROJ NO. 1- 03466.00 PLAT NO. A1- 1938 y:• 664550/ FIELD NOTE NO. 02( 0. 080 Ac.) MAP CHECKED 11/ 17/ 2020 KLS SU - - www. WalkerPartners. com TBPE Registration No. 8053 I TBPIS Regishation No. 10032500 G:\ Projects\ I- 03466\ I Survey\ I. 5 Final Copies\ Feld Notes\ I- 03466FN- 02( 0. 080 Acj. docx EXHIBIT" B" MIGUEL RABAGO SURVEY f!'.° it ION ROD a ' ABSTRACT 93 N ROOROON MCLENNAN COUNTY, TEXAS I MC. C. D. = MCLENNAN COUNTY CAERR' S DOCUMENT 1/ O. P.R. MCT. = OFFICIAL PUBLIC RECORDS MCLENNAN COUNTY. TEXAS W. E D. RMC. T. = DEED RECORDS MCLENNAN COUNTY, TEXAS 1 R.O. W. = RIGHT- OF- WAY 0 O = 1FI IRON ROD WITH CAP STAMPED' WALNER PARTNERS' SET 41 5._ = ASPHALT EDGE S JOHN E 71138S71 H,, AND SPOUSE, VASANA L. TIBBS CALLED 10. 00 ACRE TRACT d` VOLUME 667, PAGE 314 1. Ay ym. OP. RM. C. T. r u S 71° 3317" E- 18. 00' a . N 4148' 53" E- 87. 22' a N56- 03' 36' E- 89. 37' / t.. . . STEVEN C. SWINGLER 4, CARTTE. AND WIFE. JOAN E SPANGLER I w6 AND USE, NIFER R. RISCOTi CALLED 10. 6E ACRE TRACT CALLED,CALLED 10880. 88 ACRE ACRE TRACT M. C. C. D. 2008014151 I paA'. P+ M. C. C. 0. 2003001216 O.P.RM.C.T. I II O. P. R. MC. T. C JV 11022 ACRE PERMANENT tI .. CTif CONSTRUCTION EASEMENT N46' 3846' W- 22. 00 0.022 ACRE TRACT POINT OF BETYIIxwG FIELD NOTE POINT N WNW" W- MOO' OF BEGINNING l GRID COORDINATES A L NIIGS4ISY. 78E: 320555S. R2 Y BRAJGEUILFOUND 861 -w a F m, 1 JIMMYLPOOL AT' Pi Y CALLED 1055 ACRE TRACT 1•• VOLUME 1651. PAGE 452 01AC°. l D.R.M. C.T. St?'RON INa caAEQg ./ SIRRVEYYNBNOTES: P' F".: 04 ROD FOUND C a' K SURVEYED. N014AEER, A 2010 1 FIELD NOTES ATTACHED HERETO, WOE A PART HEREOF AND TTTIFR 1 MO ACRE PANDER MUNCH ROAD RIGHT OF WAY TRACT LOCATED IN THE MWEL RABAGO SURVEY, ABSTRACT 33. ICLENNMI CWITY, TEXAS. ffcc N^ 0. 022 ACRE PERMANENT CONSTRUCTION FAAFAWNT LOCATED IN THE MGLEL RABAGO SURVEY, ABSTRACT 33. IC AR COUNTY. TEXAS OSIENN U'` THE BEARINGS AND GRID COODINATES SHOVAI HEREON ARE BASED U' CN THE TEXAS STATE OF` PLATE COOK MATE SYSTEM HAD IO, TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL t. j P091TIONNG SMTBI OBSERVATIONS. GLijliVOSTE$• N\ KOREY LEE SMITH N. EXHIBIT y, Sd a$4 f L I OF A 0. 080 ACRE PANTHER BRANCH ROAD RIGHT OF WAY TRACT AND SUR A 0. 022 ACRE PERMANENT CONSTRUCTION EASEMENT A LOCATED IN THE MIGUEL RABAGO SURVEY, ABSTRACT 33, MCLENNAN COUNTY, TEXAS BEING OUT OF A CALLED 10. 00 ACRE TRACT DESCRIBED IN A DEED TO JOHN E. TIBBS AND SPOT ISF, VASANA L. TIBBS, RECORDED UNDER MCLENNAN COUNTY CLERICS DOCUMENT 4il z2 . VOLUME PAGE 314 OF THE PUBLIC RECORDS OF MCLENNAN COUNTY, TEXAS 6wL4, $ 667, OFFICIAL KOFxYS. 6845 5 OCOPYRIGHT ALL RIGHTS RESERVED 0 REVISIONS rr 0 30 60 120I CH ANTE 06CRIPTION 0 F cc CONSTR 1CTN3N EASEMENT 12/ 1/ 2027 o Walker Partners GRAPHIC SCALF. IN FEET v0c. 0 engineers * surveyors I 1123WasMnglon An.• Waco. Texas 78701 PLAT NO. AI- 1938 DRAFTDATE 11/ 16/ 20 FB/ PG N/ A Phone: 1. 254- 714- 1402• T. B. P. E. ReDAtre• on No. B053 T.B. P. L. S. RedWaHen No. 10032500 PROJ. NO. 1- 03466. 00 TAB NO. N/ A FIELD NOTE NO. 02/ 04 0 DWG. NAME TIBBS( 0080 AODRAWN BY KLS 0 EXHIBIT" A" Walker Partners engineers * surveyors 823 Washington Ave. Suite 100 Waco, Texas 76701 0. 022 ACRE PERMANENT CONSTRUCTION EASEMENT LOCATED IN THE MIGUEL RABAGO SURVEY, ABSTRACT 33, MCLENNAN COUNTY, TEXAS FIELD NOTES FOR A 0.022 ACRE PERMANENT CONSTRUCTION EASEMENT LOCATED IN THE MIGUEL RABAGO SURVEY, ABSTRACT 33, IN MCLENNAN COUNTY, TEXAS, AND BEING OUT OF A CALLED 10. 00 ACRE TRACT DESCRIBED IN A DEED TO JOHN E. TIBBS AND SPOUSE, VASANA L. TIBBS RECORDED IN VOLUME 667, PAGE 314 OF THE OFFICIAL PUBLIC RECORDS OF MCLENNAN COUNTY, TEXAS ( O. P.R. M. C. T.), SAID 0. 022 ACRE TRACT OF LAND BEING MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT DRAWING AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A BRIDGE NAIL FOUND ON THE EAST SIDE OF PANTHER BRANCH ROAD( ASPHALT PAVING- NO FORMAL RIGHT- OF- WAY DEDICATION FOUND OF RECORD BY THIS SURVEYOR) SAID NAIL BEING THE SOUTH CORNER OF THE ABOVE MENTIONED 10. 00 ACRE TRACT, THE WEST CORNER OF A CALLED 10. 88 ACRE TRACT DESCRIBED IN A DEED TO CARL R. PLISCOTT AND SPOUSE, JENNIFER R. PLISCOTT, RECORDED UNDER MCLENNAN COUNTY CLERK' S DOCUMENT( M. C.C. D.) 2003001216 OF THE O. P. R. M. C.T., AND THE NORTH CORNER OF A CALLED 10.55 ACRE TRACT DESCRIBED IN A DEED TO JIMMY L. POOL RECORDED IN VOLUME 1651, PAGE 452 OF THE O. P. R. M. C. T., ALSO BEING THE EAST CORNER OF A CALLED 10. 68 ACRE TRACT DESCRIBED IN A DEED TO STEVEN C. SWINGLER AND WIFE, JOAN E. SWINGLER, RECORDED UNDER M. C. C. D. 2008014151 OF THE O. P. R. M. C. T., AND THE SOUTH CORNER OF THE HEREIN DESCRIBED TRACT; THENCE N 46° 38'46" W- 58.00' CROSSING SAID ROAD WITH THE COMMON LINE OF THE 10. 68 AND 10. 00 ACRE TRACTS TO A 1/ 2 IRON ROD WITH CAP STAMPED' WALKER PARTNERS' SET FOR THE POINT OF BEGINNING AND THE SOUTH CORNER OF THE HEREIN DESCRIBED TRACT; THENCE N 46° 38' 46" W- 22. 00' CONTINUING ALONG SAID COMMON LINE OF THE 10. 68 AND 10. 00 ACRE TRACT TO A POINT FOR THE WEST CORNER OF THE HEREIN DESCRIBED TRACT, FROM WHICH A 3/8' IRON ROD FOUND FOR A COMMON ANGLE POINT OF THE 10. 00 AND 10. 68 ACRE TRACTS BEARS N 46° 38'46" W- 271. 02'; THENCE LEAVING SAID COMMON LINE THROUGH THE INTERIOR OF THE OF THE 10.00 ACRE TRACT THE FOLLOWING TWO CALLS: 1) N 56° 03' 36" E- 89. 37' TO A 1/ 2 IRON ROD WITH CAP STAMPED' WALKER PARTNERS' SET FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, 2) S 41° 48' 63" W- 87. 22' RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0. 022 ACRE OF LAND AS SURVEYED BY KOREY LEE SMITH, REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 6645 ON NOVEMBER 16, 2020. BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. OF TC Lf i 1 KimIOR LEE SM R.P.L.S. 6645 y. 4t * 0: PROJ NO. 1- 03466. 00 Kt) REYLEE SMITH p1 I •& 6645 PLAT NO. A1- 1938 9 •, Kf p,'•°Q-/ FIELD NOTE NO. 04( 0.022 Ac.) Web yO MAP CHECKED 12/ 14/ 2020 KLS www. WalkerPartners. com TBPE Registration No. 8053 I TBPLS Registration No. 10032503 G:\ Projects\ 1- 03466\ I Survey\ I. 5 Final Copes\ Field Notes\ I- 03466FN- 04( 0.022 Acj. docx EXHIBIT" A" Walker Partners e engineers * surveyors 823 Washington Ave. Suite 100 Waco. Texas 76701 0. 110 ACRE PANTHER BRANCH ROAD RIGHT OF WAY TRACT LOCATED IN THE MIGUEL RABAGO SURVEY, ABSTRACT 33, MCLENNAN COUNTY, TEXAS FIELD NOTES FOR A 0. 110 ACRE PANTHER BRANCH ROAD RIGHT OF WAY TRACT LOCATED IN THE MIGUEL RABAGO SURVEY, ABSTRACT 33, IN MCLENNAN COUNTY, TEXAS, AND BEING OUT OF A CALLED 10. 68 ACRE TRACT DESCRIBED IN A DEED TO STEVEN C. SWINGLER AND WIFE, JOAN E. SWINGLER, RECORDED UNDER MCLENNAN COUNTY CLERICS DOCUMENT( M. C. C. D.) 2008014151 OF THE OFFICIAL PUBLIC RECORDS OF MCLENNAN COUNTY, TEXAS( O. P.R. M. C. T.), SAID 0. 110 ACRE TRACT OF LAND BEING MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT DRAWING AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A BRIDGE NAIL FOUND ON THE EAST SIDE OF PANTHER BRANCH ROAD( ASPHALT PAVING— NO FORMAL RIGHT- OF- WAY DEDICATION FOUND OF RECORD BY THIS SURVEYOR) SAID NAIL BEING THE EAST CORNER OF THE ABOVE MENTIONED 10.68 ARE TRACT, THE SOUTH CORNER OF A CALLED 10.00 ACRE TRACT DESCRIBED IN A DEED TO JOHN E. TIBBS AND SPOUSE, VASANA L. TIBBS RECORDED IN VOLUME 667, PAGE 314 OF THE O. P. R. M. C. T., THE WEST CORNER OF A CALLED 10. 88 ACRE TRACT DESCRIBED IN A DEED TO CARL R. PLISCOTT AND SPOUSE, JENNIFER R. PLISCOTT, RECORDED UNDER M. C. C. D. 2003001216 OF THE O. P. R. M. C. T., AND THE NORTH CORNER OF A CALLED 10. 55 ACRE TRACT DESCRIBED IN A DEED TO JIMMY L. POOL RECORDED IN VOLUME 1651, PAGE 452 OF THE O.P.R.M. C.T., ALSO BEING THE EAST CORNER OF THE HEREIN DESCRIBED TRACT,.FROM WHICH A 12' IRON ROD FOUND IN THE APPROXIMATE CENTER OF PANTHER BRANCH ROAD, AT AN ANGLE POINT IN THE SOUTHEAST LINE OF THE 10.00 ACRE TRACT AND NORTHWEST CORNER OF THE 10. 88 ACRE TRACT BEARS N 18° 26' 23" E- 268. 44'; THENCE S 70°60' 26" W- 145.62' WITH THE COMMON LINE OF THE 10. 55 AND 10.68 ACRE TRACTS TO A 1/ 2 IRON ROD WITH CAP STAMPED' WALKER PARTNERS' SET IN THE APPROXIMATE CENTER OF PANTHER BRANCH ROAD FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE LEAVING SAID ROAD THROUGH THE INTERIOR OF THE OF THE 10. 68 ACRE TRACT THE FOLLOWING TWO CALLS: 1) N 19°09' 34" W- 18. 00' TO A 1/ 2 IRON ROD WITH CAP STAMPED' WALKER PARTNERS' SET FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT, 2) N S6° 06' 2T' E- 123. 3T TO A 1/ 2 IRON ROD WITH CAP STAMPED' WALKER PARTNERS' SET IN THE COMMON LINE OF THE 10.00 AND 10.68 ACRE TRACTS FOR THE NORTH CORNER OF THE HEREIN DESCRIBED TRACT, FROM WHICH A 3/ 8' IRON ROD FOUND FOR A COMMON ANGLE POINT OF THE 10.00 AND 10.68 ACRE TRACTS BEARS N 46' 38'46" W- 293.02'; THENCE S 46° 38'46" E- 68. 00' ALONG THE COMMON LINE OF THE 10. 00 AND 10.68 ACRE TRACTS, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0. 110 ACRE OF LAND AS SURVEYED BY KOREY LEE SMITH, REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 6645 ON NOVEMBER 16, 2020. BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. e . g. __ OF le°'. 440AIOR LEE SMITH, R. P.L. 5 AZtvosw o WW PROJ NO. 1- 03466.00 W KOREYLEESMI. / PLAT NO. Al- 1937 19 66455 vat, FIELD NOTE NO. 01( 0. 110Ac.) k'•°..••' MAP CHECKED 11/ 17/ 2020 KLS SU www. WalkerPartners. com TBPE Registration No. 8053 I TBPIS Registration No. 10032500 G:\ Projects\ 1- 03466\ 1 Survey\ I. 5 Fnol Copies\ Reid Notes\ I- 03466FN- 01 ( 0. 110 Ac). docx EXHIBIT" B" 12' 0 MIGUEL RABAGO SURVEY ROD ° ABSTRACT 33 N ROO FOUND MCLENNAN COUNTY, TEXAS MCC°. = MCLENNAN COUNTY CLERICS DOCUMENT OP. RMCT. = OFFICIAL PUBLIC RECORDS MFJ- ENNAN COUNTY, TEXAS w E D. RMCT. = DEED REGARDS INJ. ENNAN COUNTY. TEXAS R. O.W. = RIGHTOFWAY 0 0 = 1G• IRON ROD WITH CAP STAMPED' WALKER PARTNERS SET ASPHALT EDGE J` = 1 S 1../ n.. 1, JOHN E BBBS AND SPOUSE, VASANA L. TIBBS CALLED 10. 00 ACRE TRACT C, VOLUME 667, PAGE 314 0.P.RMC. T. i/;t, O= CARL R. PUSCOTT STEVEN C. SWINGLER 4 It AND SPOUSE, JENNIFER R. PLISCOTT AND WIFE, JOAN E. SWINDLER CALLED 10. 88 ACRE TRACT MCC0. 2003001216 CALLED 10.68 ACRE TRACT S 46• 31248- E- 22W M. C.C. D. 2008014151 0.031 ACRE PERMANENT 0.031 ACRE IRA T POINT OF BEGINNING 0.P.RLLC. T. W O. P. R. MC.T. CONSTRUCTION EASEMENT / I /• S 46• 38' 46" E- 58. 00' N 44• 5017E• 120, 83' FIELD NOTE POINT OF BEGINNING N 56° 06' 2T' E- 123. 37' 0 '' ' A GRID COORDINATES E pr. . .'. 11/ 05MS5L76 E3205555A2 i N BRIDGE PM! Q. j ::. . E wpl` EGISLD a. s Tq'; r"" e• in N 19' 08' 34• W- 18. 00' ml JIMMYLPOOL CALLED 10. 55ACRE TRACT 1 n VOLUME 1651, PAGE 452 1r,H WOOD 0.RMGT. B+ OD. 7AEaB 6 AsotROD ROUND rT ., pP SURVEYOR' S NOTES 3. W" SURVDER NOVB6ER 42020 y 0."« f^e W' FEND NOTES ATTAQ® 1QETO. WADE A PART HEREOF AND TRIED. 1 0° 0. 110 ACRE PANTIER MOWN ROAD RIGHT OF WAY TRACT LOCATED IN THE MGM RABA00 Oi SURVEY. ABSTRACT 3.1, ICIENNAN COUNTY, TEXAS IS 0031 ACRE FBI%WENT CONSTRUCTION EASEIL NT LOCATW IN TIC' GRUEL RABAG° SURVEY, al ` ABSTRACT 33, 182ENNAN COUNTY, TEXAS g G THE BEARINGS AND GRID COORDNATE3SHOWN HEREON ARE BASED UPON THE TEXAS STATE OF Tn` Q PLANE COORDINATE SYSTEM NAD 83, TEXAS CENTRAL. ZONE ACQUIRED FROM GLOBAL A ' V- ` p POSITIOMNG SYSTEM OBSERVATIONS Ukr• •? 0S Ep-.• lw7 ` O: N o KOREY LEE SMITH i 6645 tiflo / S lem. E OF A 0. 110 ACRE PANTHER BRANCH ROAD RIGHT OF WAY TRACT AND SEXHIBIT A 0. 031 ACRE PERMANENT CONSTRUCTION EASEMENT LOCATED IN THE MIGUEL RABAGO SURVEY, ABSTRACT 33, MCLENNAN COUNTY, TEXAS 1 i BEING OUT OF A CALLED 10.68 ACRE TRACT DESCRIBED IN A DEEDEDTOTO STEVEN C SWINDLER AND 4 WIFE, JOAN E. SWINGLER, RECORDED UNDER MCLENNAN COUNTY CLERICS DOCUMENT 2008014151 Ix MCLENNAN OF THE OFFICIAL PUBLIC RECORDS OF COUNTY, TEXAS KOREY LEE SNR1 RP. LS. 6645 LirreS1 s 0°" COPYRIGHT ALL RIGHTS RESERVED NEVI EONS' rr 0 30 60 120 CHARGE DESCRIPTION OF j CONSTRUCTION/ EASEMENT v1 17/ 11G@Ot2020 o Walker Partners GRAPHICSCALE IN FEET Q engineers * surveyors 7111 823 Washington Ave.• Waco, Tans 76701 PI. AT NO. A1- 1937 DRAFT DATE 11/ 16/ 20 FB/ PG N/ A g Phone: 1. 254. 7141402• T. B. P. E. Regls3Mon No. 8053 T. B. PJS Reyseuuon No. 10032500 PROJ. NO. 1- 03466.00 TAB NO., N/ A VI ELINOTE NO. 01/ 03 04e DWG. NAME SWINGLER( 0. 110 AO DRAWN BY KL S 5 l7 EXHIBIT" A" Walker Partners engineers * surveyors 823 Washington Ave. Suite 100 Waco, Texas 76701 0.031 ACRE PERMANENT CONSTRUCTION EASEMENT LOCATED IN THE MIGUEL RABAGO SURVEY, ABSTRACT 33, MCLENNAN COUNTY, TEXAS FIELD NOTES FOR A 0. 031 ACRE PERMANENT CONSTRUCTION EASEMENT LOCATED IN THE MIGUEL RABAGO SURVEY, ABSTRACT 33, IN MCLENNAN COUNTY, TEXAS, AND BEING OUT OF A CALLED 10.68 ACRE TRACT DESCRIBED IN A DEED TO STEVEN C. SWINGLER AND WIFE, JOAN E. SWINGLER, RECORDED UNDER MCLENNAN COUNTY CLERK' S DOCUMENT( M. C. C. D.) 2008014151 OF THE OFFICIAL PUBLIC RECORDS OF MCLENNAN COUNTY, TEXAS( O. P. R. M. C. T.), SAID 0.031 ACRE TRACT OF LAND BEING MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT DRAWING AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A BRIDGE NAIL FOUND ON THE EAST SIDE OF PANTHER BRANCH ROAD( ASPHALT PAVING- NO FORMAL RIGHT- OF- WAY DEDICATION FOUND OF RECORD BY THIS SURVEYOR) SAID NAIL BEING THE EAST CORNER OF THE ABOVE MENTIONED 10. 68 ARE TRACT, THE SOUTH CORNER OF A CALLED 10. 00 ACRE TRACT DESCRIBED IN A DEED TO JOHN E. TIBBS AND SPOUSE, VASANA L. TIBBS RECORDED IN VOLUME 667, PAGE 314 OF THE O. P. R. M. C. T., THE WEST CORNER OF A CALLED 10. 88 ACRE TRACT DESCRIBED IN A DEED TO CARL R. PLISCOTT AND SPOUSE, JENNIFER R. PLISCOTT, RECORDED UNDER M. C. C. D. 2003001216 OF THE O. P. R. M. C. T., AND THE NORTH CORNER OF A CALLED 10. 55 ACRE TRACT DESCRIBED IN A DEED TO JIMMY L. POOL RECORDED IN VOLUME 1651, PAGE 452 OF THE O. P. R. M. C. T., ALSO BEING THE EAST CORNER OF THE HEREIN DESCRIBED TRACT, FROM WHICH A 1/ 2' IRON ROD FOUND IN THE APPROXIMATE CENTER OF PANTHER BRANCH ROAD, AT AN ANGLE POINT IN THE SOUTHEAST LINE OF THE 10.00 ACRE TRACT AND NORTHWEST CORNER OF THE 10.88 ACRE TRACT BEARS N 18° 26' 23" E- 268. 44'; THENCE N 46° 38'46" W- 58.00' CROSSING SAID ROAD WITH THE COMMON LINE OF THE 10.68 AND 10.00 ACRE TRACTS TO A 1/ 2 IRON ROD WITH CAP STAMPED' WALKER PARTNERS' SET FOR THE POINT OF BEGINNING AND THE MOST EASTERLY CORNER OF THE HEREIN DESCRIBED TRACT; THENCE THROUGH THE INTERIOR OF THE OF THE 10.68 ACRE TRACT THE FOLLOWING TWO CALLS: 1) S 55° 06' 2T' W- 123. 3T TO A 1/ 2 IRON ROD WITH CAP STAMPED' WALKER PARTNERS' SET FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT, 2) N 44° 60' 20" E- 120.83' TO A POINT IN THE COMMON LINE OF THE 10. 00 AND 10. 68 ACRE TRACTS FOR THE MOST NORTHERLY CORNER OF THE HEREIN DESCRIBED TRACT, FROM WHICH A 3/8' IRON ROD FOUND FOR A COMMON ANGLE POINT OF THE 10. 00 AND 10.68 ACRE TRACTS BEARS N 46° 38'46" W- 271. 02'; THENCE S 46° 38' 46" E- 22. 00' ALONG THE COMMON LINE OF THE 10. 00 AND 10. 68 ACRE TRACTS, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0. 031 ACRE OF LAND AS SURVEYED BY KOREY LEE SMITH, REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 6645 ON NOVEMBER 16, 2020. BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. E OF T 1 N ls[ G E Y' LEE SM rIT, R. P. L. S. 6645 2" fr vO: N‘ PROJ NO. 1- 03466. 00 KOREY LEE SMITH I PLAT NO. A1- 1937 1. sa:'Q/ ess FIELD NOTE NO. 03( 0. 031 Ac.) 1 9` MAP CHECKED 12/ 14/ 2020 KLS SU www.WalkerPartners. com TBPE Registration No. 8053 I TBPLS Registration No. 10032500 G:\ Projects\ 1- 03466\ I Survey\ 1. 5 Final Copies\ Field Notes\ l- 03466FN- 03( 0.031 Ac). docx JA.' ANDY' WANWFLL, Cory o' et MCLc" nan Cejrty. Texas FILED: FEB 1 s 2021 By Myrcetez Gowan- Perkins, Deputy The Court went to Item H. 3. Approval of Agreement for Right- Of-Way Acquisition Services with Millard Real Estate Advisors, Inc. ( re: Panther Branch Road and North Crooked Creek Road). ORDER REGARDING: APPROVAL OF AGREEMENT FOR RIGHT-OF-WAY ACOUISITION SERVICES WITH MILLARD REAL ESTATE ADVISORS, INC. RE: PANTHER BRANCH ROAD AND NORTH CROOKED CREEK ROADI On this the 16 day of February, 2021, came on for consideration the matter Approval ofAgreement for Right- Of-Way Acquisition Services with Millard Real Estate Advisors, Inc.( re: Panther Branch Road and North Crooked Creek Road). After discussion, Commissioner Perry made a motion to approve and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. AGENDA: FEBRUARY 16, 2021 K. Real Estate, Right of Way, and Easements: 1. Approval of Resolution and Order regarding Acquisition Approved of Land for North Crooked Creek Road Project See after Item I. l.) 2. Approval of Resolution and Order regarding Acquisition of Approved Land for Panther Branch Road Project 3. Approval of Conveyance of Lot 4, Block I of the Coliseum Approved Addition to the City of Waco, McLennan County, Texas See after to the Waco Independent School District Item H. 3.) 10: 58 The Court went to Item K. 3. Approval of Conveyance of Lot 4, Block I of the Coliseum Addition to the City of Waco, McLennan County, Texas to the Waco Independent School District. ORDER REGARDING: APPROVAL OF CONVEYANCE OF LOT 4, BLOCK 1 OF THE COLISEUM ADDITION TO THE CITY OF WACO, MCLENNAN COUNTY, TEXAS TO THE WACO INDEPENDENT SCHOOL DISTRICT On this the 16 day of February, 2021, came on for consideration the matter Approval of Conveyance of Lot 4, Block 1 of the Coliseum Addition to the City of Waco, McLennan County, Texas to the Waco Independent School District. After discussion, Commissioner Smith made a motion to approve and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. 4. 4, 2021006287 DEED Total Pages: 2 liii 11./ 111Iil4, Alfa RJAIO1; rfMtIikl,1 11111 WARRANTY DEED Grantor: McLennan County, Texas Grantor' s Mailing Address: P. O. Box 1728, Waco, McLennan County, Texas 76703- 1728 Grantee: Waco Independent School District Grantee' s Mailing Address: 501 Franklin Avenue, Waco, Texas 76701 Consideration: TEN AND NO/ 100 DOLLARS ($ 10. 00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property: A 7.5 acre tract of land identified as Lot 4, Block 1 of the Coliseum Addition to the City of Waco, McLennan County, Texas as shown on the Plat recorded as instrument 2020045749 of the Official Public Records of McLennan County, Texas. hereinafter" Property"). Reservations from and Exceptions to Conveyance and Warranty: This conveyance is made and accepted subject to all restrictions, covenants, mineral or royalty conveyances or reservations and easements, if any, relating to the Property, but only to the extent that they are still in force and effect and are visible, apparent, or shown of record in the hereinabove mentioned County and State and to all zoning laws, regulations, and ordinances of municipal or other governmental authorities, if any, relating to the Property. Grant: Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor' s heirs, executors, administrators and successors to warrant and forever defend all and singular the property to Grantee and Grantee' s heirs, executors, administrators, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, where the claim is by, through or under the Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. The Grantee has previously conveyed land to the Grantor necessary for the Grantor to construct an equine and livestock center providing agri- education and recreation, which the Grantor and the to Grantee agree is the paramount public use of said land. The Property herein is being conveyed Grantee for what Grantor and Grantee agree is the paramount public use of the Property being for sports education and recitation. The public purposes of the Grantor and the Grantee are served by this conveyance and the larger exchange of which this conveyance is a part. If the Property ever ceases to be used for a public purpose, title and possession shall revert to the Grantor. GRANTOR: MCLENNAN COUNTY, TEXAS By: co M. Felton County Judge STATE OF TEXAS COUNTY OF McLENNAN SUBSCRIBED AND SWORN to before me by the said Scott M. Felton on this the I( p day of Pa(j,Oj ' , in his capacity as McLennan County Judge, who represented that he has authority to bind McLennan County by his signature, which I: a . was signed in my presence, and my witness thereof is certified by my hand and seal of offi No . StlicPandA the State of Texas My commission expires: I/I 2/ Z 3 After Recording, Return To: Michael W. Dixon REGAN COPELAND 00 N. Ritchie Road, Suite 200 er-''',' Notary Public STATE OF TEXAS Waco, Texas 76712 12828757- 9 a,• My Comm.corn Exp, oc 12, 2023 FILED AND RECORDED OFFICIAL PUBLIC RECORDS J. A.• ANDY' HARW' ELL, County Clerk McLennan Couny, Texascaateelaive. FILED FEB 1 6 2021 k4 J. A. .. And " Harwell, Countyy clerk Perkins, By Myrcetez Gowan- 02/ 23/ 2021 1236 PM Deputy Fee: $ 0. 00 2021006287 DEED McLennan County, Texas The Court went to Item N. 7. Approval of Order Designating Areas of the Expo Center BASE Building as Auxiliary Courtrooms. ORDER REGARDING: APPROVAL OF ORDER DESIGNATING AREAS OF THE EXPO CENTER BASE BUILDING AS AUXILIARY COURTROOMS On this the 16 day of February, 2021, came on for consideration the matter of Approval of Order Designating Areas of the Expo Center BASE Building as Auxiliary Courtrooms. After discussion, Commissioner Miller made a motion to approve and it was seconded by Commissioner Smith. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same are hereby, approved by unanimous vote. ORDER OF THE COMMISSIONERS COURT OF MCLENNAN COUNTY, TEXAS DESIGNATING AREAS OF THE EXPO CENTER BASE BUILDING AS AUXILIARY COURTROOMS WHEREAS, the COVID- 19 pandemic has caused the need to adhere to social distancing to prevent transmission between persons; and WHEREAS, the Visiting Courtroom at the McLennan County Courthouse Annex, where prospective jurors are generally gathered for empanelment, is too small to allow for effective social distancing given the number of prospective jurors required; and WHEREAS, more spacing is needed for jury trials; and WHEREAS, the Expo Center Base Building has sufficient space to allow for social distancing between jurors and others. NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF MCLNNAN COUNTY, TEXAS THAT: 1. the foregoing recitals are incorporated herein and made findings of fact; 2. pursuant to Section 292. 004 of the Local Government Code the event rooms in the Expo Center Base Building located on the McLennan County Fairgrounds, 4601 Bosque Blvd, Waco, Texas 76710, are designated as auxiliary courtrooms; 3. this Order is necessary to address the emergency created by the COVID- 19 pandemic, and for the preservation and protection of public health. Passed this tW day of UQir) , 2021. z> 7/ 015.;: mrdeit= Scott M. Felton, County Judge Attest: ivfi Mc an County Clerk or Designated Deputy Clerk JA.' AND'( HARWELL, County Clerk McLennan Couny, Texas FILED: FEB 1 6 2021 By Myrcetez Gower- Perkins, Deputy ORDER APPROVING: APPROVAL OF ORDER FINDING JUNKED VEHICLES TO BE A PUBLIC NUISANCE. ESTABLISHING PROCEDURES FOR ABATEMENT AND DISPOSITION OF JUNKED VEHICLES. PROVIDING A SEVERABILITY CLAUSE. PROVIDING AN EFFECTIVE DATE. AND REPEALING AND REPLACING CONFLICTING ORDERS On this the 16 day of February, 2021, came on for consideration the matter of Approval of Order Finding Junked Vehicles to be a Public Nuisance, Establishing Procedures for Abatement and Disposition of Junked Vehicles, Providing a Severability Clause, Providing an Effective Date, and Repealing and Replacing Conflicting Orders. After discussion, Commissioner Smith made a motion to approve and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same are hereby, approved by unanimous vote. AN ORDER OF THE COMMISSIONERS COURT OF MCLENNAN COUNTY, TEXAS, FINDING JUNKED VEHICLES TO BE A PUBLIC NUISANCE, ESTABLISHING PROCEDURES FOR ABATEMENT AND DISPOSITION OF JUNKED VEHICLES, PROVIDING A SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE; AND REPEALING AND REPLACING CONFLICTING ORDERS. WHEREAS the McLennan County Commissioner' s Court finds junked vehicles to be a public nuisance; and WHEREAS, Chapter 683, Subchapter E of the Transportation Code ( V.T.C. A.) provides the County with the authority to adopt procedures to address this problem and has been updated since the County' s last order governing junked vehicles; and WHEREAS, a junked vehicle or part thereof that is left in such a location as to be visible from a public place or public right-of-way is detrimental to the safety and welfare of the citizens of McLennan County, Texas, tends to reduce the value of private property, invites vandalism, creates other dangers, and is a blight adverse to the development of the County; and has been declared a public nuisance by State law; and WHEREAS, regulation of junked vehicles is in the best interest of the citizens of the McLennan County. NOW, THEREFORE, IT IS ORDERED BY THE COMMISSIONERS COURT OF MCLENNAN COUNTY, TEXAS: I. DEFINITION OF JUNKED VEHICLE 1. 01 ( a) In this Order, the term Junked Vehicle shall mean a vehicle that: 1) is self-propelled AND: 2) is: ( A) wrecked, dismantled or partially dismantled, or discarded; OR B) inoperable and has remained inoperable for more than: i) 72 consecutive hours, if the vehicle is on public property; or ii) 30 consecutive days, if the vehicle is on private property. b) For purposes of this order, " junked vehicle" includes a motor vehicle, aircraft, or watercraft. This order applies only to: I) a motor vehicle that displays an expired license plate or does not display a license plate; 2) an aircraft that does not have lawfully printed on the aircraft an unexpired federal aircraft identification number registered under Federal Aviation Administration aircraft registration regulations in 14 C. F. R. Part 47; or 3) a watercraft that: A) does not have lawfully on board an unexpired certificate of number; and B) is not a watercraft described by Section 31. 055, Parks& Wildlife Code. 1 II. JUNKED VEHICLE AS A PUBLIC NUISANCE 2. 01 A junked vehicle, including a part of a junked vehicle, that is located in a place where it is visible from a public place or public right-of-way is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and produces urban blight adverse to the maintenance and continuing development of the County. Section 683. 072 of the Transportation Code declares a junked vehicle or part thereof visible from a public place or public right-of-way a public nuisance. 2. 02 A person commits an offense under the Transportation Code when he or she maintains a junked vehicle or vehicle part in a manner declared a public nuisance. [ Source Law: § 683. 072, 683. 073, Transportation Code .]. Section 683.073 of the Transportation Code makes such an offense misdemeanor) punishable by a fine not to exceed $ 200. 00. Section 683. 073( c) of the Transportation Code also requires the court in which the case is tried to order abatement and removal of the nuisance upon conviction. III. PROCEDURES FOR ABATING NUISANCE 3. 01 Application. These procedures only apply to the unincorporated areas of McLennan County. 3. 02 Adoption of Procedures. The County has, by this Order, adopted procedures for the abatement, removal and disposal of a junked vehicle or a part of a junked vehicle maintained as a public nuisance. These procedures conform to the requirements of Chapter 683, Subchapter E of the Texas Transportation Code. 3. 03 Notice. A) Prior to the abatement and removal of the public nuisance, the Sheriff, his/ her designee, or other authorized County official shall provide not less than ten ( 10) days' written notice of the nature of the nuisance, which notice must be personally delivered, mailed by certified mail with a five- day return requested, or by U. S. mail with signature confirmation to: 1) the last known registered owner of the nuisance; 2) each lienholder of record of the nuisance: A) under Chapter 501 for the motor vehicle; B) with the Federal Aviation Administration or the secretary of state for the aircraft; OR C) under Chapter 31, Parks and Wildlife Code, for the watercraft or outboard motor; 3) the owner or occupant of: a) the property on which the nuisance is located; or b) if the nuisance is located on a public right- of-way, the property adjacent to the right- of-way. 2 B) The notice must state that: 1) the nuisance must be abated and removed not later than the Tenth ( 10t) day after the date on which the notice was personally delivered or mailed; and 2) any request for a hearing must be made before that Ten ( 10) day period expires. C) If the post office address of the last known registered owner of the nuisance is unknown, notice may be placed on the nuisance or, if the owner is located, personally delivered. D) If the notice is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the 11 th day after the date of the return. 3. 03 Hearing. If a hearing is requested by a person to whom notice is required to be sent in accordance with § 3. 02, the hearing shall be held not earlier than the Eleventh( 1 VI') day after the date of service of the notice. A request for a hearing shall be made in writing to the County Judge. The Judge shall set a date and time for the hearing, and shall notify the requestor, and all persons entitled to notice under §3. 02, of the date and time for such hearing, and the location of the hearing. If the address of persons entitled to notice under § 3. 02 is not available, such notice may be otherwise delivered or posted in accordance with §3. 02. The Judge shall hear the matter at the location, date and time noticed, unless changed by agreement or necessity with notice to the requestor, and shall, based on the information presented by the County representative( s) and the requestor ( or any other person with a legal or equitable interest in the matter) at the hearing, make a determination of whether the vehicle or vehicle part is a public nuisance under this Order. Pursuant to § 683. 076 ( c) of the Transportation Code, it is presumed that the vehicle or vehicle part is inoperable unless demonstrated otherwise by the owner. 3. 04 Order on Nuisance. If the Judge finds that the vehicle or vehicle part is a public nuisance as set forth in this Order and the Transportation Code, he/she shall enter an order making such finding, ordering the owner of the vehicle or vehicle part, or owner or occupant of the private premises where the vehicle or vehicle part is located, as the case may be, to abate the public nuisance by removing or causing the removal of the same, and directing that if such public nuisance is not abated within Ten 10) days of the Order that the Sheriff, his/ her designee, or other authorized County official, remove or cause to be removed the vehicle or vehicle part from the public or private property. The Order shall be in writing, and must include, if available at the location of the nuisance, the following: A) For vehicles: 1) description; 2) vehicle identification number; and 3) license plate number. B) For aircraft: 1) description; and 2) federal aircraft identification number as described by Federal Aviation Administration aircraft registration regulations in 14 C. F. R. Part 47; C) For watercraft: 1) description; and 2) identification number as set forth in the watercraft' s certificate of number. A copy of the Order shall be mailed by certified mail to all known persons entitled to notice under 3. 02, or otherwise provided or posted in accordance with § 3. 02 if the address is unknown. 3 Iv. ENTRY ONTO PREMISES FOR ENFORCEMENT OF THIS ORDER 4.01 Pursuant to § 683. 074( e) of the Transportation Code, the Sheriff or his/ her authorized agent( s) may enter private property to examine a public nuisance, to obtain information to identify the nuisance, and to remove or direct the removal of the nuisance in accordance with this Order. V. REMOVAL OF THE NUISANCE 5. 01 Removal of the nuisance shall be carried out, or caused to be carried out, by the Sheriff or other authorized County official, in accordance with this Order, and any judicial orders issued hereunder. 5. 02 The Sheriff or other authorized County official shall give notice to the Texas Department of Transportation identifying the vehicle or vehicle part not later than the fifth ( 5th) day after the date of removal. 5. 03 The Sheriff or other authorized County official shall give notice to the Texas Department of Parks and Wildlife identifying the watercraft or outboard motor not later than the fifth 5th) day after the date of removal. 5. 04 The Sheriff or other authorized County official shall give notice to the Federal Aviation Administration or the secretary of state identifying the aircraft not later than the fifth ( 5th) day after the date of removal; or 5. 05 A junked vehicle or part may not be reconstructed or made operable by the County after it is removed. 5. 06 Nothing herein shall be construed to affect laws or regulations permitting the immediate removal of a motor vehicle or part left on public property which constitutes an obstruction to traffic or a danger to the traveling public. 5. 07 Junked motor vehicles, vehicle parts, watercraft, outboard motors, or aircraft may be disposed of in accordance with this Order. VI. DISPOSAL 6. 01 The Sheriff, or his/ her authorized agent( s), may dispose of or cause the disposal of the junked motor vehicle or vehicle part by removal to a scrapyard, a motor vehicle demolisher, or a suitable site operated by a county or a municipality, or as otherwise provided by Chapter 683, Subchapter E of the Transportation Code, or amendments or recodifications thereof. 4 VII. REMOVAL TO NONCOMPLYING LOCATION NOT ABATEMENT OF THE NUISANCE 7. 01 In accordance with the authority provided by §683. 074 of the Transportation Code, the relocation of a junked vehicle or vehicle part that is a public nuisance to another location in the unincorporated area of the County after a proceeding for abatement and removal of the public nuisance has commenced by notice has no effect on the proceeding if the junked vehicle or vehicle part constitutes a public nuisance at the new location. VIII. EXEMPTIONS 8. 01 This Order does not apply to a vehicle or vehicle part: A) that is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property; or B) that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or that is an antique or special interest vehicle stored by a motor vehicle collector on the collector' s property, if the vehicle or part and the outdoor storage area, if any, are: 1) maintained in an orderly manner; 2) not a health hazard; and 3) screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery. 8. 02 In this Article: A) " Antique vehicle" means a passenger car or truck that is at least 25 years old; B) " Motor vehicle collector" means a person who: 1) owns one or more antique or special interest vehicles; and 2) acquires, collects, or disposes of an antique or special interest vehicles or vehicle parts for personal use to restore and preserve an antique or special interest vehicle for historic interest. C) " Special interest vehicle" means a motor vehicle of any age that has not been changed from original manufacturer' s specifications and, because of its historic interest, is being preserved by a hobbyist. IX. REPEAL OF CONFLICTING ORDERS 9. 01 This Order repeals conflicting Orders or parts thereof. This Order applies specifically to junked vehicles, and shall not affect any Policies and Procedures on Nuisance Abatement adopted by the County. 5 X. SEVERABILITY CLAUSE 10.01 If any section, subsection, sentence, clause or phrase of this Order is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portions of this Order, and all the remainder of this Order not so declared to be invalid shall continue to be in full force and effect. The Commissioners Court hereby declares that it would have passed this Order and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. XI. EFFECTIVE DATE 11. 01 This Order shall be effective upon passage. 11. 02 Existing nuisances are not" grandfathered" from this Order. XII. ABANDONED VEHICLES 12. 01 The law governing the handling of abandoned vehicles, as opposed to junked vehicles, is set forth in Subchapters A and B of Chapter 683, Transportation Code, and shall be followed by the County in dealing with abandoned vehicles. J PASSED THIS A0 DAY OF FF7i(LUAR. 2021. i4S:6)77 ( Scott M. Felton, County Judge McLennan County, Texas ATTEST: J. A. "Andy" HARWELL, County Clerk McLennan County, Texas By: eputy ounty Clerk J.A.' ANDY' HARWELL, Canty Clerk McLennan County, Texas FILED: FEB 1 6 2021 6 By Myrcetez Gowan- Perkins. Deputy ORDER APPROVING: AUTHORIZATION OF ORDER APPROVING THE TRANSFER OF CERTAIN PROPERTY TO HEART OF TEXAS COUNCIL OF GOVERNMENTS On this the 16 day of February, 2021, came on for consideration the matter of Authorization of Order Approving the Transfer of Certain Property to Heart of Texas Council of Governments. After discussion, Commissioner Smith made a motion to approve and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. ORDER of the MCLENNAN COUNTY COMMISSIONERS COURT APPROVING THE TRANSFER OF CERTAIN PROPERTY TO HEART OF TEXAS COUNCIL OF GOVERNMENTS The County has a surplus of Radios that are no longer being used. Heart of Texas Council of Governments ( HOTCOG) has a use for these Radios and Radio Equipment. HOTCOG would like to repurpose these Radios to other entities in need. From this information, we submit the following: NOW, THEREFORE BE IT ORDERED THAT, upon motion duly made, seconded and passed by affirmative vote, after considering the request of the Sheriff' s Office and the facts available to the Court relative to the property referred to above: The Commissioners Court may dispose of surplus or salvage property by competitive bid or auction, except that competitive bidding or auction is not necessary if the purchaser is another county or a political subdivision within the county that is selling the surplus or salvage property. Local Government Code 263. 152( 1) Passed this ( h day of fijwpt 2021 , 71414.9L30- % t Scott M. Felton, County Judge ATTEST: J. A." Andy" Harwell McLennan County Clerk Depu Coun , Cl Sec. 81 . 032 . ACCEPTANCE OF DONATIONS AND BEQUESTS. The commissioners court may accept a gift, grant, donation, bequest, or devise of money or other property on behalf of the county for the purpose of performing a function conferred by law on the county or a county officer. Added by Acts 1999, 76th Leg. , ch. 172, Sec. 1, eff . Aug. 30, 1999 . F ilk s tr lgtt NJ Rd- d A t... t+ TcxAs Maintenance of Equipment McLennan County Sheriffs Office 3201 E. Highway 6 Waco, TX 76705 From: Sgt. Michael Graham To: McLennan County Commissioner' s Court Date: February 10, 2021 RE: Transfer of Equipment to HOTCOG The McLennan County Sheriffs Office and Maintenance of Equipment is currently in possession of VHF radios and other related equipment that was purchased with grant funds from the Homeland Security Grant projects dating as far back as 2005. This equipment, while most of it still in good condition, is no longer needed by the county due to the migration to the 800 radio system. I have spoken to HOTCOG and they are interested in taking possession of these radios to redistribute them within the region to law enforcement agencies and fire departments that have a need for this equipment. I am seeking permission from the Court to transfer the list of attached property to HOTCOG so that they may repurpose this equipment in the region. County Asset HOTCOG Serial Description Tag Number Asset Tag Number N/ A N/ A 745012087 Airmux 200 N/ A N/A 744006862 Airmux 200 N/ A N/A 733009929 Airmux 200 N/ A N/ A 745012093 Airmux 200 N/ A N/ A 745012091 Airmux 200 N/ A N/A 745007391 Airmux 200 N/A 1753268 1753268 MDS iNet 900 27569 N/A 1932795 MDS iNet 900 N/A 746001813 746001813 Airmux 200 N/ A 746001815 746001816 Airmux 200 N/A 746001811 746001811 Airmux 200 N/A N/A 746001812 Airmux 200 N/ A N/ A 746001818 Airmux 200 N/A 1817 746001817 Airmux 200 N/A 729015419 729015419 Airmx 200 N/A 746001819 749001819 Airmux 200 N/ A 724340686 AS0724340686 APC Smart UPS N/A MCL10002 1753039 MDS iNet 900 25068 N/A 518CLD1309 Motorola XTL 2500 25069 N/ A 518CLD1295 Motorola XTL 2500 25071 N/ A 518CLD1312 Motorola XTL 2500 26079 N/A 518CMZ0489 Motorola XTL 2500 25070 N/ A 518CLD1317 Motorola XTL 2500 25055 N/A 518CLD1306 Motorola XTL 2500 23933 N/A 518CJX0570 Motorola XTL 2500 25061 N/A 518CLD1302 Motorola XTL 2500 N/ A N/A 514CKB1408 Motorola XTL 2500 25084 N/A 518CLD1302 Motorola XTL 2500 26127 N/ A 407CMZ1337 Motorola XTS 2500 20540 N/ A 326CCW2203 Motorola XTS 3000 21148 N/ A 749HEQG163 Motorola HT1250 21147 N/A 749HEQG162 Motorola HT1250 21144 N/A 749HEQG175 Motorola HT1250 26123 N/ A 407CMZ1356 Motorola XTS 2500 23932 N/ A 407CJX6646 Motorola XTS 2500 26119 N/ A 407CMZ1353 Motorola XTS 2500 26118 N/ A 407CMZ1346 Motorola XTS 2500 26112 N/ A 518CMZ0484 Motorola XTL 2500 21160 N/ A 585CEW0133 Motorola XTL 5000 26085 N/ A 518CMZ0457 Motorola XTL 2500 26145 N/ A 726CMF0540 Motorola XTL 1500 26090 N/ A 518CMZ0435 Motorola XTL 2500 26064 N/ A 518CMZ0433 Motorola XTL 2500 21163 N/ A 585CEW0127 Motorola Astro XTL 5000 21157 N/ A 585CEW0130 Motorola XTL 5000 N/A N/ A N/ A Misc. Motorola Speakers JA.' ANDY' HARWELL, County Clerk McLennan Coury, Texas FILED: FEB 1 6 2021 By Myrcetez Gowan- Perkins, Deputy The Court went back to E. Consent Agenda. AGENDA: FEBRUARY 16, 2021 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 Contract Renewal with Keefe Commissary Pulled Network, LLC( re: McLennan County Jail Commissary Services) b. Recording of Order Reappointing County Auditor Approved of McLennan County c. Recording of Industrial Business Grant Agreement with Envases Approved Commerce, LLC and IZ Texas, LLC for Investment in Real and Personal Property d. Recording of Industrial Business Grant with Unconditional Love, Approved Inc. for Investment in Industrial Real and Personal Property e. Recording of Program Project Agreement with Unconditional Approved Love, Inc. f. Recording of Program Project Agreement with Envases Approved Commerce, LLC and IZ Texas, LLC g. Recording of Certification Statements/ Compliance Letters Approved for Tax Abatement Agreements( re: Brazos Electric Cooperative 2018- 2020: Eddy Solar II, LLC 2018- 2019; Sandy Creek Services, LLC 2018- 2020) 2. Financial Obligations of McLennan County: a. Authorization for County Treasurer to Pay County Approved Checks/ Wire/ Electronic Transfers Issued Since the Last Authorization 3. Human Resources/ Salary Matters( Payroll Status Forms or Changes): a. Human Resources: Discussion and/ or Action regarding Pulled Director and related matters including Possible Appointment of Director; Possible Approval of Variance to Policies for Internal Promotion b. Road& Bridge, Precinct 2 Pulled 4. Authorization/ Ratification of RFP' s, RFQ' s, and Bids None Advertisements; Publications; Public/ Legal Notices 5. Travel and Education Requests: None 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. Constable, Precinct 3: Recording of Racial Profiling Report Approved ref: Texas Code of Criminal Procedure, Article 2. 132) b. County Treasurer: Recording of McLennan County Approved Investment Report, January 2021 c. McLennan County Children' s Protective Services Approved Board: Recording of Detailed Transaction Report, January 2021 d. County Auditor: Recording of Monthly Financial Pulled Report, October 2020- December 2020 7. Burn Ban Approval, Extension or Termination Remains Lifted 8. Authorization of McLennan County Credit Card Approved Purchases 11: 08 ORDER APPROVING CONSENT AGENDA ITEMS On this 16 day of February, 2021, came on for consideration the matter of reviewing and approving the Consent Agenda Items. Judge Felton stated that we need to pull items E. 1. a., E. 3. a., E. 3. b. and E. 6. a. Commissioner Jones made a motion to approve( the consent agenda items with the exemption of items E. I. a., E. 3. a., E. 3. b. and E. 6. a.) and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Consent Agenda Items be, and the same are hereby, approved by unanimous vote. ORDER REAPPOINTING COUNTY AUDITOR OF MCLENNAN COUNTY THE STATE OF TEXAS COUNTY OF MCLENNANi§ BE IT REMEMBERED that on(/ fir 2021 the Board of District Judges of McLennan County, Texas, consisting of Judge Thomas West, 19"' District Court; Judge Susan Kelly, 54th District Court; Judge Gary Coley, 74`h District Court; Judge Jim Meyer, 170th District Court; and Judge Vicki Menard, 414th District Court, conducted a special meeting pursuant to Article 84.003, Local Government Code, to reappoint a County Auditor for McLennan County for a two year period beginning February 18, 2021. The District Judges aforementioned voted to reappointi/9/l/ Szr lllf as McLennan County Auditor effective February 18, 2021, at the existing salary as previously set and approved in the fiscal year 2021 budget, AND IT SO ORDERED. e AM- Thomas West, Judge 19`" District Court Jim MFr-177W, Court d2 / 4441 Susan K Ily, Judge 5 ` trict Court Vicki Menard, Judge 414th District Court Local Administrative Judge ry Coley, Judge 74 District Court THE STATE OF TEXAS COUNTY OF MCLENNAN I, Jon Gimble, Clerk, District Courts, McLennan County, Texas, go hereby certify that the above and foregoing is a 4-&1- true and correct copy of the order reappointing Cantss 6w4- as County Auditor as same appears from the original order now on file and of record in this office./ of 2021. Witness my hand and seal of office this, the day LI Q Jon Gimble, District Clerk McLe ae Co ty, Texas B for record this the Received this tt0 day of 434-U ZA Filed kg day of 2021 and ordered filed for record. Fein aru 2021. McLennan County Commissioners Court Andy Harwell, Clerk, County Court McLennan County, Texas Pl. nkJ By . A1402 Y County Judge B p ejade JA.' ANDY' HARWELL, County Clerk McLennan County, Texas FILED: FEB 1 6 2021 By Myrcetez Gowan- Perkins, Deputy Recording of Authorization of Industrial Business Grant Agreement with Envases Commerce, LLC and IZ Texas, LLC for Investment in Real and Personal Property Approved by Order on December 1, 2020 and recorded on Page 440 of these minutes. ACCEPTED BY COMMISSIONERS COURT f2 DAY OF f3 e.awar 204& L e 0 DOE AGREEMENT FOR INDUSTRIAL BUSINESS GRANT BETWEEN MCLENNAN COUNTY AND ENVASES COMMERCE, LLC, AND IZ TEXAS, LLC FOR INVESTMENT IN INDUSTRIAL REAL AND PERSONAL PROPERTY This Agreement is entered into by and between McLennan County, Texas ( hereinafter " COUNTY"), and ENVASES COMMERCE, LLC, a Delaware limited liability company, (" ENVASES"), and IL TEXAS, LLC, a Texas limited liability company(" IZ" and together with ENVASES, the" Companies"). RECITALS: WHEREAS, Companies propose to provide real and personal property investment and the creation/ retention of jobs within the COUNTY as set out in the AGREEMENT FOR BUSINESS GRANT BETWEEN THE CITY OF WACO AND ENVASES COMMERCE, LLC, AND IZ TEXAS, LLC that is proposed to be adopted by the City Council of the City of Waco, and is attached hereto as Exhibit " A", and incorporated herein( hereinafter" Project"). This Agreement by the County is expressly subject to the Waco City Council adopting it' s agreement in substantially the same form as attached as Exhibit" A".; and WHEREAS, Companies seek the provision of economic development incentives from the COUNTY in the form of an Industrial Business Grant under the COUNTY' s Industrial Business Grant Program adopted by the County Commissioners Court as authorized by § 381. 004 of the Local Government Code; and WHEREAS, economic development, tax base and employment within the COUNTY will be significantly benefited by the Project; and WHEREAS, provision of grant incentives by the COUNTY to encourage and facilitate the Project will promote, stimulate and encourage business development within the COUNTY and attain the creation/ retention ofjobs within the COUNTY; and WHEREAS, Companies meet the applicable eligibility requirements of the COUNTY' s Industrial Business Grant Program, and WHEREAS, the COUNTY and Companies wish to enter into an Agreement for Industrial Business Grant identical in all respects ( except as may be specifically set forth below) to the proposed Agreement attached as Exhibit" A" between Companies and the City of Waco; and WHEREAS, in order to provide for the proper development of such property and to aid in the conduct of the operation thereof to the best interest of the COUNTY in accordance with the above referenced order and statutes, the parties do mutually agree as set forth below. I.) Except as stated as an exception below, the COUNTY and Companies agree to all the terms and conditions in the proposed Agreement attached hereto as Exhibit " A" for the industrial Business Grant from the County, and the parties shall owe the same obligations to one another as owed between Companies and the City of Waco under the Agreement attached hereto as Exhibit " A" and incorporated herein. The County' s adoption of the terms of the City Agreement is, of course, with relation to County incentives. The County grant award is expressed as a percentage of the additional County ad valorem taxes generated by the increased taxable value of eligible real and/ or personal property over the applicable base year. The terms of the City of Waco Agreement Exhibit " A") are intended to be construed as substituting the County for the City and the County grant for the City grant; and shall not be construed to conflict with the County' s IBG Program. Again, the Waco City Council' s approval of the agreement attached as Exhibit " A" is a condition subsequent that must occur for this Agreement to be effective and binding 2.) EXCEPTIONS: 2. 1. Funding of the grant is subject to the conditions set forth in the County' s Industrial Business Grant Program. 2. 2 If any premium opportunities are provided by the City of Waco for employment of Waco residents, such do not apply to the County grant. 2. 3 Under the County IBG Program, property taxes upon which a grant is based do not include farm-to- market and lateral road taxes, and such taxes shall not be included in calculating the grant. 2. 4. In accordance with Section VI of the COUNTY' s Program, the City of Waco will serve as the administrator of the grant on behalf of the COUNTY. 2. 5 NON- APPROPRIATION OF FUNDS — The Texas Constitution prohibits a COUNTY from entering into an obligation which is not payable form current revenues without first levying a tax and creating a sinking fund to pay the obligation. The COUNTY does not intend to levy a separate tax or create a sinking fund. Therefore, to preserve the validity of this Agreement, the COUNTY may cancel this Agreement by non- appropriation in its budget for its obligations hereunder without penalty for liability for such cancellation, provided that the COUNTY shall give Companies written notice of its intention to non- appropriate for the succeeding fiscal year of the COUNTY ( which ends on September 30) at least 60 days before the end of the then current fiscal year of the COUNTY. The foregoing being said, the COUNTY presently intends to appropriate the amounts that lawfully come due under the Agreement in each year of this Agreement from available revenues of the COUNTY, and will use its best efforts to do so. EXECUTED BY THE PARTIES AS SET FORTH BELOW. MCLENNAN COUNTY, TEXAS ATTEST: J. A. " Andy" HARWELL, County Clerk McLennan County, Texas n By: %& ) In ( "`^'"By 0• Scott . Felton, County Judge De ty ounty Clerk Date: l 2 A/ 20 ENVASES COMMERCE, LLC By: Francisco Javier Pietrini Zapata, Manager( Title) By: Antonio Donnadieu Zapata, Manager( Title) IZ TEXAS, LLC By: Francisco Javier Pietrini Zapata, Manager( Title) By: IS Antonio Donnadieu Zapata, Manager( Title) 04104 "A 20070 - 853 a -0/- 20 BUSINESS GRANT AGREEMENT AMONG THE CITY OF WACO. ENVASES COMMERCE. LLC. AND IZ TEXAS, LLC This Agreement for Business Grant(" Agreement") is entered into to be effective as of the 11 day of January, 2021 ( the " Effective Date") by and among the CITY OF WACO, TEXAS CITY"), a home rule city and municipal corporation of McLennan County, Texas, acting herein by and through its City Manager, ENVASES COMMERCE, LLC, a Delaware limited liability company, (" ENVASES"), and IZ TEXAS, LLC, a Texas limited liability company (" IZ" and together with ENVASES, the" Companies"). RECITALS: WHEREAS, CITY is the administrator of the City of Waco Business Grant Program which provides incentives to encourage the location of new businesses or the expansion of businesses in the City of Waco; and WHEREAS, on December 1, 2020, pursuant to Resolution No. 2020- 853, the City Council authorized the CITY to enter into this Business Grant Agreement with the Companies; and WHEREAS, in consideration of business grant incentives from CITY, the Companies will establish at least a 450, 000 square foot, aluminum beverage packaging manufacturing facility, make or cause to be made significant real and personal property investments, and create and retain jobs in Waco, McLennan County, Texas; and WHEREAS, IZ will own the Premises and the Facility, and ENVASES will own the business personal property and serve as the employer for the jobs created; and WHEREAS, the Companies and CITY desire to enter into this Agreement for a Business Grant, NOW, THEREFORE, for the promises and considerations set forth herein, the parties to this Agreement agree as follows: I. THE COMPANIES COMMITMENTS 1. 1 PREMISES. The following shall occur: 1. 1. 1 Property Purchase — IZ shall acquire approximately 60. 9 acres located along Wycon Drive, Waco, Texas and bordered ( on one side) by the Union Pacific Railroad Premises"), on or before April 19, 2021; 1. 1. 2 Lease Execution - On or before April 19, 2021, ENVASES shall lease, for an initial lease term of not less than ten( 10) years, from IZ the Premises on which it shall operate an aluminum beverage packaging manufacturing facility(` Business"); DM3\ 7163597. 3 1, 1. 3 Requirements of Occupancy- On or before December 1, 2021, IZ or ENVASES shall obtain a certificate of occupancy for the Business which shall be at a minimum 450, 000 square feet on the Premises. 1. 2 TOTAL CAPITAL INVESTMENT— the Companies shall make total capital investment at the Premises as follows: 1. 2. 1 Personal Property Investment— On or before March 1, 2022, ENVASES shall invest at the Premises no less than Sixty-Five Million Dollars ($ 65,000,000.00) in personal property improvements( including machinery and equipment) and additions(" Personal Property") less depreciation, with the value being determined by MCAD or as proved through documentation provided by ENVASES. Inventory and office equipment are not included as eligible Personal Property Investment. The Companies agree that the MCAD depreciable value of all 65, 000, 000. 00 of the Personal Property will be taxable and that no tax exemptions will be sought for this Personal Property by or on behalf of the Companies; 1. 2, 2 Real Property Investment- IZ shall invest, on or before December 1, 2021, no less than Thirty-Five Million Dollars ($35,000,000.00) in taxable real property improvements Real Property") at the Premises, with the value being determined by MCAD or as proved through documentation provided by IZ. The Companies agree that all$ 35, 000,000. 00 of the Real Property including: i. the actual costs attributable to the construction or installation of the Real Property improvements and related infrastructure, including the actual construction costs of all buildings, site preparation, structures, and, infrastructure; ii. architectural and engineering costs, construction management fees, and permit and inspection fees, and iii. land acquisition costs) will be taxable and that no tax exemptions will be sought for this Real Property by or on behalf of the Companies; 1. 2. 3 Identification of the Property- The property that is the subject of this Agreement is certain Real Property and Personal Property improvements, as described in Exhibit " A", but does not include inventory, supplies, and/ or office equipment. Such Real Property and Personal Property improvements shall hereinafter be referred to collectively as the " Property". Such Property shall be located at the Premises. The Companies agree that no substantial or material amount of the Property covered by this Agreement will be removed from the Premises and/ or disposed of without thirty ( 30) days written notice to CITY and renegotiation of this Agreement, except for obsolete equipment or instances of casualty, but only if in either case such Property is promptly replaced. If any of the Property of material value is removed or disposed of without proper notice, except as provided in this Section 1. 2.3, then this Agreement will be voidable ( i) upon CITY' s written notice to the Companies of the same and( ii) the Companies' failure to cure such removal or disposal within forty- five ( 45) days after receiving CITY' S written notification of its intention to void the Agreement. If this Agreement is voided, the Companies shall make repayment to CITY of all grant funds disbursed under this Agreement within sixty ( 60) days written demand for payment by the CITY; and 1. 2. 4 Certificate of Completion - Upon completion of the construction and/ or installation of the Property, the Companies shall: 1) execute and submit to CITY a Certificate of Completion BUSINESS GRANT/ ENVASES COMMERCE, LLC, AND 2 IZ TEXAS, LLC for the Property, a copy ofwhich is attached as Exhibit' B"; 2) attach a corresponding fixed asset list containing acquisition date, acquisition cost, and a description of each Personal Property improvement; and 3) request that CITY inspect the Premises and Property( said inspection to occur during business days), and execute the submitted" Certificate of Completion". Before CITY will execute any Certificate of Completion, I) CITY and MCAD must verify that the installation/ construction of the Property listed in the submitted Certificate of Completion has been completed; and, 2) MCAD must assign an appraised value to the Property listed in the submitted Certificate of Completion. the Companies will only be eligible to receive grant funds related to Property referenced in a fully- executed Certificate of Completion covered under this Agreement. In the event that the Companies fail to meet their obligations under this Agreement and fail to obtain the signed Certificate of Completion on or before August 1, 2022, this Agreement will be terminated and of no further force or effect. In the event that the Companies meet their obligations under this Agreement and obtain the signed Certificate of Completion on or before August 1, 2022, the Incentive Grants will begin on January 1, 2023. 1. 3 CONTINUED OPERATION. the Companies shall continuously operate the Business on the Premises throughout the Term of the Agreement. 1. 4 EMPLOYMENT REQUIREMENTS - ENVASES shall create, fill, and retain at least One Hundred Twenty- One ( 121) new full- time jobs(" Jobs") in the City of Waco throughout the term of the Agreement. 1. 4. 1 For purposes of this Agreement, " Job" means full- time year- round employment 2080 hours of work per year), with a minimum of forty ( 40) hours of work per week or eighty 80) hours of work per two weeks, with health insurance benefits provided, and with the following minimum base wage: 1. 4. 1. 1 No less than fifteen dollars($ 15. 00) per hour for at least 113 of the Jobs; 1. 4. 1. 2 No less than twelve dollars ($ 12. 00) per hour for the remainder of the Jobs. 1. 4.2 CITY and the Companies agree that as of the date of execution of this Agreement, the Companies have Zero( 0) full-time jobs in the City of Waco, McLennan County, Texas. 1. 4. 3 Employment Timeline - ENVASES shall create, fill, and retain the Jobs at the Premises on the following schedule: I. 4.3. 1 On or before December 31, 2021, at least 61 new full-time Jobs; and 1. 4.3. 2 On or before December 31, 2022, at least 60 additional, new full-time Jobs, fora total of 121 Jobs. COMPANIES agree that as of the Effective Date of this Agreement that they have Zero 0) full- time jobs in McLennan County. 1. 4. 4 Average Wage- Additionally, after December 31, 2022, the average annual wage BUSINESS GRANT/ ENVASES COMMERCE, LLC, AND IZTEXAS, LLC for the Jobs shall be no less than$ 44,500.00, excluding benefits, and thereafter shall maintain this average wage throughout the Term of the Agreement. 1. 4. 5 Annual Certification of Employment - On or before January 30' h of each year for the Term of the Agreement, up to and including the year immediately following the termination of this Agreement, ENVASES shall provide CITY with an Annual Certification of Employment as of December 3I st ofthe prior year) including an employee roster showing the unique employee identification number, address including zip code, date of hire, position, and wage. An example of an acceptable employee roster is attached hereto as Exhibit " B". Every time that ENVASES submits its yearly employee roster in the format required by CITY, ENVASES shall also submit a letter certifying that ENVASES meets its obligations under this Agreement, including the employment requirements. If ENVASES is not able to certify that it is in compliance with the requirements of this Agreement, ENVASES shall submit a notarized letter of explanation with a proposed strategy to resolve the shortcomings. After providing prior reasonable notice to ENVASES, CITY shall have the right during regular business hours to conduct a personnel audit of ENVASES' records to verify the employment data. CITY agrees that all ENVASES employee data it receives or views pursuant to this Agreement will be treated as confidential in accordance with all applicable laws, subject to the provisions of Section 1. 4. 6. If ENVASES fails to provide the above- requested information, it shall be subject to the enforcement and termination provisions of this Agreement. 1. 4. 6 Public Information Requests for Information in Annual Certification of Employment. the Companies acknowledge that the City of Waco is subject to the provisions of the Texas Public Information Act as set forth in Chapter 552 of the Texas Government Code. Notwithstanding Section 1. 4. 5, if a public information request is made to CITY for information contained in an Annual Certification of Employment provided by ENVASES in accordance with the Public Information Act, CITY will send a request to the Texas Attorney General for a decision as to whether or not such information may be withheld from disclosure and will release such information if required to do so by Texas or federal law, as interpreted by the Texas Attorney General. CITY will notify ENVASES that such public information request has been made so that ENVASES can send any arguments to the Texas Attorney General concerning why the information is confidential and should not be released and so that ENVASES can assert any other rights it may have under law to keep such information from being disclosed. Also, notwithstanding Section 1. 4. 5, if CITY is required to make disclosure of information contained in an Annual Certification of Employment provided by ENVASES pursuant to a court order, subpoena or summons, CITY shall notify ENVASES to allow ENVASES to assert whatever exclusions or exemptions may be available to ENVASES under applicable law. ENVASES acknowledges that CITY must comply with such court order, subpoena or summons unless otherwise determined by the applicable court. The provisions of this Section shall survive the termination of this Agreement. 1. 5 PAYMENT OF TAXES AND ASSESSMENTS- the Companies shall pay all taxes and assessments ( unless otherwise exempted or abated) it owes to CITY prior to such taxes and/ or assessments becoming delinquent, provided that the Companies shall have the right to dispute in good faith the validity or application of any such tax or assessment and shall not be considered in default hereunder so long as such contest is diligently pursued to completion. In the event the BUSINESS GRANT/ ENVASES COMMERCE, LLC, AND 4 IZ TEXAS, LLC Companies dispute any such tax or assessment, it shall nevertheless promptly pay to the McLennan County tax office prior to the taxes becoming delinquent, all taxes and assessments which it is not so disputing. If the Companies undertake any such dispute, they shall so notify CITY in writing and keep CITY appraised of the status of such dispute. All appraisal disputes are subject to the provisions of Section 3. 3 of this Agreement. Should the Companies be unsuccessful in any dispute, the Companies shall promptly pay the taxes and any resulting penalties and/ or interest. 1. 6 INDEMNIFICATION - THE COMPANIES AGREE TO ASSUME FULL RESPONSIBILITY AND LIABILITY FOR THE CONSTRUCTION/ INSTALLATION OF SAID PROPERTY, AND SUCH USE UNDER THIS AGREEMENT, AND HEREBY AGREE TO INDEMNIFY, PROTECT AND HOLD HARMLESS THE CITY, ITS EMPLOYEES, AGENTS, AND SERVANTS, OF AND FROM ALL CLAIMS, DEMANDS, AND CAUSES OF ACTIONS OF EVERY KIND AND CHARACTER, INCLUDING THE COST OF DEFENSE THEREOF, FOR ANY INJURY TO, INCLUDING DEATH OF, PERSONS AND ANY LOSSES FOR DAMAGES TO PROPERTY TO THE EXTENT CAUSED BY OR ALLEGED TO BE CAUSED, ARISING OUT OF, OR ALLEGED TO ARISE OUT OF, THE COMPANIES' NEGLIGENCE IN SAID CONSTRUCTION, INSTALLATION OR USE HEREUNDER. 1. 7 INSURANCE— From and after the date upon which the construction and/ or installation of the Property commences, and at all times thereafter during the Term, the Companies shall keep Premises and Property insured against loss or damage by fire or any other casualty. The Companies shall furnish the City of Waco with all certificates of insurance evidencing such insurance coverage within 30 days after the commencement of the construction and/ or installation of the Property and within 30 days of any later amendments of the certificates of insurance. In the event Premises and/ or Property is damaged by fire or any other casualty, if the Companies pursue diligent completion of such damages in order to repair, replace, remodel or renovate Premises and/ or Property, then the grant as provided for in this Agreement shall be suspended during the time that the Premises and/or Property is being repaired, replaced, remodeled, or renovated. When Premises and/ or Property is restored to its prior condition, the grant shall commence for the remaining term of the Agreement, from the time the Agreement was suspended. Should the Companies decide not to repair, replace, remodel, or renovate the damaged Premises and/ or Property, then the Incentive Grants as provided for in this Agreement shall cease completely and the Companies will be responsible for repaying CITY the amount of the Incentive Grants awarded under this Agreement as if the Agreement had not existed in proportion to the amount of Premises and/ or Property not restored. Within ninety( 90) days of the date such damage to Premises and/ or Property occurs, the Companies shall submit written notice of intent to the Waco City Manager setting forth the dates the Companies anticipate starting and completing the repair, replacement, remodeling or renovation of the damaged Premises and/ or Property. 1. 8 INSPECTION PURSUANT TO THIS AGREEMENT- At all reasonable times during the construction and/ or installation and use of the Premises and/ or Property during the Term the Companies shall permit CITY and its respective designees to inspect, during any Business Day during normal business hours, after providing two ( 2) days advance written notice, in order BUSINESS GRANT/ ENVASES COMMERCE, LLC, AND 5 12 TEXAS, LLC to assure that all construction, workmanship, materials and installations involved in or incident to the project are performed in substantial completion with any plans or revised plans, submitted to and approved by CITY. The Companies agree to construct and/ or install and use said Premises and/ or Property in accordance with all applicable laws, ordinances, codes, rules, requirements, or regulations of the City of Waco, McLennan County, the State of Texas, and the United States, and any subdivision, agency, or authority thereof. 1. 8. 1 " Business Day" means any day other than a Saturday or Sunday or any other day on which commercial banks in Waco, Texas, are closed or authorized to remain closed for the transaction of normal banking business. 1. 8. 2 This section 1. 8 only governs inspections pursuant to the Agreement and is not meant to govern inspections in connection with a building permit or any other exercise of the CITY' s police powers. 1. 9 CITY RIGHT OF AUDIT: CITY, at its sole expense, has the right to audit all ofCompanies' invoices related to the installation of the Premises and/ or Property, the subject of this Agreement, which includes the right of CITY to examine and obtain copies of all invoices related to the installation of the Premises and/ or Property, the subject of this Agreement. II. THE CITY OF WACO COMMITMENTS 2. 1 INCENTIVE GRANTS — In exchange for the Companies investing no less than 100, 000, 000. 00 in the Property as defined herein, and the Companies complying with the employment requirements and all other requirements of this Agreement, including Section 1, CITY agrees to provide the Companies with a grant based on Personal Property taxes paid for the Premises and a grant based on Real Property taxes paid for the Premises. Personal Property not identified in Exhibit" A" other than the Premises are not subject to a grant under this Agreement. 2. 1. 1 Personal Property Incentive Grant - The Personal Property grant is payable to EN VASES and shall have a total term of ten ( 10) years with the base year for purposes of calculating the grant being the year 2020. The term of the Personal Property Grant shall begin on January 1, 2023, and end December 31, 2032, and shall be referred to hereunder as the" Personal Property Grant Term". The Personal Property grant shall be an amount equal to the applicable percentage, as set forth below, of City of Waco taxes paid on the increase in taxable value of the Personal Property improvements, the subject of this Agreement, over the value of the Personal Property improvements in the base year 2020: 50% for Years 1 — 10 of the Personal Property Grant Term. 2. 1. 2 Real Property Incentive Grant - The Real Property Grant is payable to IZ and shall have a total term of ten ( 10) years with the base year for purposes of calculating the grant being the year 2020. The term of the Real Property grant shall begin on January 1, 2023, and end December 31, 2032, and shall be referred to hereunder as the" Real Property Grant Term." The BUSINESS GRANT/ ENVASES COMMERCE, LLC, AND 6 11 TEXAS, LLC Real Property Grant shall be an amount equal to the applicable percentage, as set forth below, of City of Waco taxes paid on the increase of the taxable value resulting from the Real Property improvements, the subject of this Agreement, over the value of the Premises in the base year 2020: 50% for Years 1 — 10 of the Real Property Grant Term. 2. 1. 3 The Real Property Incentive Grant and the Personal Property Incentive Grant will at times be collectively referred to as the" Incentive Grants." 2. 1. 4 Payment— the Companies may submit a payment request in writing to CITY for payment of the previous year' s Incentive Grants amounts on or after February 15. 2023 and February 156 following each subsequent year of this Agreement. Each payment request must be accompanied by evidence showing the taxable value ( as determined by MCAD) of the Property eligible under this Agreement and that all City of Waco taxes on such Property have been paid by the Companies. Payment will be made within forty- five( 45) days of receipt of the grant payment request from the Companies for such disbursement, subject to verification of compliance with the requirements of this Agreement. III. COMPLETION AND REDUCTION/RECOVERY OF GRANT FUNDS 3. 1 JOB RETENTION COMPLIANCE— As set out in Section 1. 4, ENVASES shall create jobs on the schedule set forth above, and once the total employment requirement is reached, retain no less than one hundred, twenty one( 121) Jobs in the City of Waco throughout the remaining term of the Agreement. If ENVASES does not meet the total job creation and retention commitment for each grant year under this Agreement, CITY may reduce the Incentive Grants to the Companies for that year by an amount equal to the percentage of shortfall in ENVASES' s employment numbers; or, may cancel the Incentive Grant payments to the Companies and require repayment of grant funds as set out below. 3. 1. 1 Partial Compliance with Job Retention - If during any year during the Term of this Agreement, ENVASES decreases or allows its level of employment to fall below the number of Jobs required to be created and retained, as set out in Sections 1. 4 and 3. 1, CITY shall reduce the Incentive Grants payable to the Companies for that grant year by an amount equal to the percentage of shortfall in ENVASES' employment numbers, subject to Sections 3. 1. 2 and 3. 1. 3, below. For example, if ENVASES or IZ is eligible to receive a Incentive Grant of$ 1, 000. 00 for the year 2024, but ENVASES has reduced its employment numbers from 121 Jobs to 109 Jobs, being 90% of the required number of Jobs, then the applicable company will only be entitled to receive $ 900. 00 of the Incentive Grant. The City may consider a lesser pro rata portion, relative to the amount of time that compliance was achieved. 3. 1. 2 Temporary Failure to meet Job Retention— if during any year during the Term of this Agreement, the number of ENVASES' Jobs falls below the number of Jobs required to be retained, as set out in Sections 1. 4 and 3. 1, but remains at least eighty percent( 80%) of the required number of Jobs due to normal attrition, that event will not be used as a basis for terminating this BUSINESS GRANT/ ENVASES COMMERCE, LLC, AND IZ TEXAS, LLC Agreement or requiring repayment of a pro- rata portion of the Incentive Grants unless ENVASES does not reasonably attempt to fill the vacant positions through its normal hiring processes and fill such positions within 60 days of vacancy. ENVASES will provide documentation required by CITY to verify ENVASES' reasonable attempt to fill those vacant positions. 3. 1. 3 Noncompliance with Job Retention — If ENVASES provides an Annual Certification of Employment that demonstrates that its level of employment during any year of the term of this Agreement has fallen below eighty percent ( 80%) of the total job retention commitment for such year, as set out in Sections 1. 4 and 3. 1, or the CITY learns from its audit that such is the case, then CITY may cancel the Incentive Grants payable to the Companies for that grant year. If ENVASES provides an Annual Certification of Employment that demonstrates that its level of employment during two consecutive years during the term of this Agreement has fallen below eighty percent ( 80%) of the total job retention commitment for each year, as set out in Sections 1. 4 and 3. 1, or the CITY learns from its audit that such is the case, then CITY may require the Companies to repay all of the Incentive Grants paid to the Companies under this Agreement, may terminate the Agreement, and may cancel all future Incentive Grant payments. the Companies shall make the repayment of Incentive Grants to CITY upon sixty ( 60) days written demand by CITY. 3. 2 NONCOMPLIANCE WITH TOTAL VALUE OF REAL OR PERSONAL PROPERTY IMPROVEMENTS— If during any year during the Term of this Agreement, the amount of Property investment, less depreciation ( and amortization of architectural and engineering costs, construction management fees, and permit and inspection fees), is less than the amounts required by Sections 1, 2. 1 and 1. 2. 2, CITY shall reduce the Incentive Grants by an amount equal to the percentage that Property Investment falls short of the amounts required by Sections 1. 2. 1 and 1. 2.2, subject to Section 3. 2. 1. For example, if by March 1, 2022, ENVASES has invested a total of $61, 750, 000. 00 ( 95% of the required investment amount) in Personal Property improvements, then the Companies' Incentive Grants will be reduced by five percent 5%). In that event, the Companies will be required to repay CITY five percent ( 5%) of all Incentive Grants received, if any, and all future Incentive Grants' payments, as determined on a yearly basis, may be reduced accordingly or cancelled by CITY. Repayment of grant funds shall be made by the Companies upon sixty ( 60) days written demand by CITY. For the purposes of calculating the appropriate remedies for noncompliance, the remedy for noncompliance with total Job retention commitment shall be applied before the remedy for noncompliance with the total value of required Property improvements. 3. 2. 1 Noncompliance by Twenty Percent ( 20%) or More With Total Value of Property Improvements - In the event that the Companies do not complete and install at least 80% of the amounts required by Sections 1. 2. 1 and 1. 2.2, ( for instance, ENVASES has not installed $ 52, 000, 000. 00, being eighty percent ( 80%) of $65, 000, 000. 00, in Personal Property improvements at the Premises by March 1, 2022), the Companies will not be entitled to any Incentive Grants pursuant to this Agreement and this Agreement may be terminated upon the giving of written notice to the Companies by CITY. In that event, the Companies will be required to repay CITY any Incentive Grants received by the Companies, if any, the Agreement may be terminated, and all future Incentive Grant payments may be cancelled by CITY. Repayment of BUSINESS GRANT/ ENVASES COMMERCE, LLC, AND IZ TEXAS, LLC grant funds shall be made by the Companies upon sixty( 60) days written demand by CITY. For the purposes of calculating the appropriate remedies for noncompliance, the remedy for noncompliance with the total job retention commitment shall be applied before the remedy for noncompliance with this Section. If the Companies are in compliance with the employment requirement of this Agreement and the Real Property improvements requirement of this Agreement, this Agreement shall still be terminated for purposes of all Incentive Grants going forward, but the Companies will not be required to repay any grant funds based on the Real Property improvements received to the date of termination; but will be required to repay the City any grant funds received based on the Personal Property improvements. 3. 3 APPRAISAL DISPUTES. The Companies shall have the right to dispute any assessment of the value of the Property by MCAD. If during the term of this Agreement, either of the Companies initiate an appraisal dispute that results in the reduction of the appraised value of the Property below the values listed in Sections 1. 2. 1 and 1. 2. 2 ( minus depreciation of the personal property value for the personal property using MCAD' s depreciation schedule), then the Companies shall repay the CITY all Incentive Grants awarded and paid by CITY and the Companies will not be entitled to any further Incentive Grants. Repayment of Incentive Grants shall be made by the Companies upon sixty ( 60) days written demand by CITY. As provided by this Agreement, grant funds will not be disbursed until all appraisal disputes have been finalized and the taxes on the Property or Premises have been paid. The Companies agree to use a straight line depreciation of the Property for purposes of this Agreement. 3. 4 ENFORCEMENT PROVISIONS — In the event the Companies ( a) do not diligently, faithfully, and conscientiously pursue the installation of the Property; ( b) do not maintain the Premises and Property in good condition, reasonable wear and tear excepted; ( c) fail to repair, replace, remodel or renovate any material damage or destruction of the Premises or Property as provided for in this Agreement; ( d) fail to use the Premises or Property for the purposes that are contemplated by this Agreement and/ or allows the Premises to become vacant;( e) fail to maintain the number of Jobs as set forth herein; ( f) make a false or materially incorrect statement or representation in any certificate, report or other instrument furnished in connection with this Agreement in any material respect that proves to have been false or incorrect when made; or, ( g) fail to pay all taxes in the manner required by this Agreement, then CITY shall give the Companies written notice of such deficiencies or failures. If the Companies have not complied with or made satisfactory efforts to comply within thirty( 30) days of said written notice, CITY may renegotiate, suspend or terminate this Agreement and/ or require the Companies to repay the CITY all or a pro- rata portion of the Incentive Grants awarded under the Agreement. Repayment of the Incentive Grants shall be made by the Companies upon sixty( 60) days demand therefore by the CITY. In event of termination by the CITY, the Companies shall not be entitled to a grant as provided herein from and after the effective date of termination. 3. 5 ADDITIONAL ENFORCEMENT PROVISIONS— 3. 5. 1 If the Companies fail to timely provide the Certificate of Completion and/ or fail to comply with all of the terms of this Agreement, CITY may cancel and/ or modify this Agreement BUSINESS GRANT/ ENVASES COMMERCE, LLC, AND q IZ TEXAS, LLC following CITY' S written notice to the Companies of its failure to comply with the terms of this Agreement and the Companies' subsequent failure to cure such failure within thirty ( 30) days of receipt of such notice. In the event that the CITY terminates this Agreement, the Companies shall make a repayment of all of the grant funds upon sixty( 60) days written demand by CITY. 3. 5. 2 ENVASES and IZ are co- obligors, such that each company is liable for compliance with each and every provision of the Agreement. Should there be a breach of or non- compliance with this Agreement and should WMCEDC seek to recapture Incentive Funds, ENVASES and IZ, each, are liable for repayment of all Incentive Funds paid by WMCEDC, regardless of which company actually received the funds or which company caused the breach or non- compliance. 3. 6 NON- APPROPRIATION OF FUNDS— The Texas Constitution prohibits a municipality from entering into an obligation which is not payable from current revenues without first levying a tax and creating a sinking fund to pay the obligation. CITY does not intend to levy a separate tax or create a sinking fund. Therefore, to preserve the validity of this Agreement, CITY may cancel this Agreement by non- appropriation in its budget for its obligations hereunder without penalty for liability for such cancellation, provided that CITY shall give the Companies written notice of its intention to non- appropriate for the succeeding fiscal year of CITY ( which ends on September 30) at least 60 days before the end of the then current fiscal year of CITY. The foregoing being said, CITY presently intends to appropriate the amounts that lawfully come due under the Agreement in each year of this Agreement from available revenues of CITY, and will use its best efforts to do so. IV. KNOWING EMPLOYMENT OF UNDOCUMENTED WORKERS The Companies acknowledge that effective September 1, 2007, CITY is required to comply with Chapter 2264 of the Texas Government Code, enacted by House Bill 1196 ( 80th Texas Legislature), which relates to restrictions on the use of certain public subsidies. The Companies hereby certify that the Companies, and any branches, division, or departments of the Companies, does not and will not knowingly employ an undocumented worker, as that term is defined by Section 2264.001(4) ofthe Texas Government Code. In the event that the Companies, or any branch division, or department of the Companies, are convicted of a violation under§ U.S.C. Section 1524a( f)relating ( tofederal criminal penalties and injunctions for a pattern or practice of employing unauthorized aliens) and such violation occurs during the Term of this Agreement: If such conviction occurs during the Term of this Agreement, this Agreement shall terminate contemporaneously upon such conviction (subject to any appellate rights that may lawfully be available to and exercised by the Companies and the Companies shall repay, within one hundred twenty ( 120) calendar days following receipt of written demandfrom CITY, the aggregate amount oftheg antfunds received by the Companies hereunder, if any, plus simple interest at a rate offive percent( 5%) per annum based on GRANT/ ENVASES COMMERCE, LLC, AND BUSINESS f0 IZ TEXAS, LLC the amount ofgrant funds received in each previous year as of December 31 of the tax year for which the grant funds were received: or Ifsuch conviction occurs after expiration or termination of this Agreement, subject to any appellate rights that may lawfully be available to and exercised by the Companies, the Companies shall repay, within one hundred twenty ( 120) calendar days following receipt of written demand from CITY, the aggregate amount ofgrant funds received by the Companies hereunder, if any, plus simple interest at a rate ofjive percent( 5%) per annum based on the amount of grant funds received in each previous year as of December 31 ofthe tax yearfor which the grantfunds were received. For the purpose of this Section, " simple interest" is defined as a rate of interest applied only to an original value, in this case the aggregate amount of grant funds. This rate of interest can be applied each year, but will only apply to the aggregate amount of grant funds and is not applied to interest calculated. For example, if the aggregate amount of grant funds is $ 10, 000. 00 and it is required to be paid back with five percent( 5%) interest five years later, the total amount would be$ 10,000. 00+[ 5 x($ 10, 000.00 x 0. 05J, which is$ 12, 500. 00. This Section does not apply to convictions of any subsidiary or affiliate entity of the Companies, by any franchises of the Companies, or by a person or entity with whom the Companies contracts, Notwithstanding anything to the contrary herein, this Section shall survive the expiration or termination of this Agreement. V. MISCELLANEOUS 5. 1 TERM. This Agreement shall be effective from Effective Date until June 30, 2033 ( the Term"). 5. 2 REMEDIES - CITY shall have all remedies provided by law or in equity to recover the grant funds, and shall be entitled to recover all reasonable and necessary attorneys' fees and costs incurred in connection therewith. 5. 3 GOVERNING LAW; VENUE - This Agreement, including all matters of construction, validity, performance and the rights and obligations of the parties hereunder, will be governed by and construed in accordance with the laws ofthe state of Texas. This Agreement is to be performed in McLennan County, Texas, and venue of any dispute between the parties shall be fixed in a court of competent jurisdiction in McLennan County, Texas. 5. 4 SIGNATURE AUTHORITY - The persons executing this Agreement are authorized to sign this Agreement on behalf of the party for which they sign and have the express power to bind the parties for which they sign. 5. 5 NOTICE - All notices and other communications required to be given under this Agreement will be in writing; addressed to the applicable party' s address indicated below( or such other address or addresses as any party may subsequently instruct the other in writing; and deemed BUSINESS GRANT/ ENVASES COMMERCE, LLC, AND I I 12 TEXAS, LLC given ( a) three ( 3) Business Days after deposit in the United States mail, certified or registered return receipt requested); ( b) upon receipt when delivered by personal delivery or a nationally recognized overnight courier service, or if receipt is refused, on the date when so refused; or( c) when receipt is confirmed in writing by the intended recipient when delivered by electronic mail if sent on a Business Day, otherwise on the next Business Day; provided however, that any notice sent via electronic mail will also be sent either through the United States mail or personal delivery: Notice to the CITY shall be sent to: City of Waco Attn: Bradley Ford City Manager P. O. Box 2570 Waco, Texas 76702- 2570 Notice to the Companies shall be sent to: Envases Commerce, LLC Attn.: Francisco Javier Pietrini Zapata 7600 Chevy Chase Dr., Bldg. 2, Ste. 300 Austin, TX 78752- 1599 52 55 83 11 65 00 Ext. 85650 Oroz@envasesuniversales. com 5. 6 WAIVER- No waiver by either party ofany provision of this Agreement shall be effective unless in writing and such waiver shall not be construed as or implied to be a subsequent waiver of that provision or any other provision. 5. 7 ASSIGNMENT- the Companies may not assign this Agreement without the prior written approval of CITY, which approval shall not unreasonably be withheld, conditioned or delayed. 5. 8 AGREEMENT AND BINDING AUTHORITY—This Agreement constitutes the entire Agreement among the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether oral or written, among the parties with respect to the matters contained in this Agreement. There are no prior or contemporaneous understandings, commitments, agreements or representations( whether oral or written) affecting the subject matter other than those expressed herein. This Agreement is binding on the parties and their successors, agents and assigns. 5. 9 AMENDMENTS- This agreement can be supplemented and/ or amended only by a dated written document executed by all parties. 5. 10 ARTICLE AND SECTION HEADINGS - The Article and Section headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provision of this agreement. ENVASES COMMERCE, LLC, AND BUSINESS GRANT/ 12 TZ TEXAS, LLC 5. 11 NO THIRD PARTY RIGHTS - The provisions and conditions of this Agreement are solely for the benefit of the CITY and the Companies, and any lawful assign or successor of the Companies, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 5. 12 PARTIAL INVALIDITY - If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated5. 13 SEVERABILITY - If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect. 5. 14 COUNTERPARTS; FACSIMILE SIGNATURES - This Agreement may be executed in any number of and by different parties hereto on separate counterparts, all of which, when so executed, shall be deemed an original, but all such counterparts shall constitute one and the same agreement. Any signature delivered by a party by facsimile or electronic transmission ( including email transmission of a PDF image) shall be deemed to be an original signature hereto. execution block on next page) GRANT/ ENVASES COMMERCE, LLC, AND BUSINESS 13 IZ TEXAS, LLC EXECUTED this 11 day of January, 2021. ENVASES COMMERCE, LLC By: Francisco Javier Pietrini Zapata, Manager( Title) By: Antonio Donnadieu Zapata, Manager( Title) U TEXAS, LLC By: Francisco Javier Pietrini Zapata, Manager( Title) By: Antonio Donnadieu Zapata, Manager( Title) THE CITY OF WACWAC AS By: Bradley Ford City Manager, City of Waco ATTEST: pf WMp '•, By: i'nZ' L(. C.-- GttS'° dc7s-'7 Esmeralda Hudson City S cretary, City of Waco APPROVED S TO FORM& LEGALITY: By: Jennifer ichie City Att mey, City of Waco BUSINESS GRANT/ EN VASES COMMERCE, LLC, AND 14 IZ TEXAS, LLC Exhibit "A" Equipment List F . 1i t. rcl jf ar ; w' ' r L+ Lzz' s S+ 4' Fw„ it ` F` 1`'.",•h rpt z `„.?' Stlics' a r.^ Ritg..rtc. sf`'_.S' siau'< r< 5 1 L ri C, t5 a±., Th w' t2 s4t$ Coil Handling 300,000 Cupper Press and Die Set 3, 300, 000 Body Makers ( 11) 6, 897, 000 Trimmers ( 11) 2, 112,000 Can Washing Machine and Dryer 3,000,000 Printer( 2) 6,000,000 Deco Inspector Applied ( 2) 800, 000 Pin Oven ( 2) 1, 200,000 Sprayers ( 12) 2,052,000 Internal Bake Oven ( WO) 900,000 Necker 4,000,000 Palletizer Machine 2, 000,000 Strapping machine 300,000 Wrapper 150,000 Transports, Platforms and Engineering 18,000,000 Auxiliary Equipments 14,000,000 JLGG 25/ Sep./ 2020 NOII01111SN00 c. e- n•( I ) tun into war non ma MIS ua DM av tat atoga%on in INVdf1H0 S 1 0 , l I 1 J 11 Y v/ t W fli t OOVM fl3 HO1AVN • SIOHOOV I Q I I C NI\ III I 1 py I J! III 111111MH11111IIl.- win .. 1- L, OIWI IHIO MIIWNHIM 4 ahyurMlo inIt CAM ds e ' OIIIW4MM 1 1 —. . . II. 1 1 ill ill 1- p ° 00 00 F,_ I j I b 1_ I1 j iI i CD I Exhibit" B" CERTIFICATE OF COMPLETION FOR AGREEMENT FOR CHAPTER 380 GRANT BETWEEN COMPANY NAME AND THE CITY OF WACO, TEXAS THE STATE OF TEXAS COUNTY OF MCLENNAN COMPANY NAME(" Owner") acting by and through its authorized represen e, hergby certifies that it has invested at least$ XX,000, 000.00 in REAL PROPERTY IMPROVE d$ XX,000, 000. 00 in NEW TAXABLE BUSINESS PERSONAL PROPERTY IMPROV ' N* '.'( coi{pctively Improvements") as called for in that certain " Agreement for Chapter 380 Grant Aveen COMPANY NAME and the City of Waco, Texas"(" Agreement"), between Own and the City of W4ep( appoved by the City Council through Resolution No. 2020- on DATE.) A`p gpriate docum ntatipnThat outlines the total costs expended by and on behalf of Company for the Real E $ Sy Improv entttogether with supporting invoices and other documents necessary to dem at su amounts w ere actually paid by Owner, is attached. Appropriate documentation via a f asset oftaxa 0,prq that outlines the total costs expended by and on behalf of Company fo4t e nal s perty Itnp'Jvements together with supporting invoices and other documents necessary ,,, demons( te' that such at$ ounts were actually paid by Owner, is attached. Each year the Agreement i , ffect, O vti . must verify that it is in compliance with all the terms of the Agreement, including the empoyttt* t reqiiirintnnts. h f b) e. c Signed this_ day of bs 4 ., w, 20r. n COMPANY NAME y a The IMPROVE < t TS sented by owner have been accepted by the City of Waco as completed in compliance w •'" i akd,vekreferenced A Bement. Si20_e this_ of ,, 4/ dateq 4; e d-,, CITY OF WACO, TEXAS e ` Ay r altoa r, By: Bradley Ford i City Manager EXHIBIT' Er Certified Employee Roster ABC Company Employee Roster as of mo/day/year 2 r`. kt t){ t t ' yy7 W, t , C5* Y1 , y t!`; 1 I3 vt65 JC ;*: . i j+ ) 1 d. 4d $'. ` j . lr. 1 . i , 1 31 ' { Y l2 ! 1h1,^" N ;{ It xlpl ftry 2 Ti; 3k qt t*1L. A1 y{p,t`` H L} 72` 2 !({{ ' S 7` c IY}+}- is p{ 5 . r 4E s f4'. G' t O $ 4Rt%15, y b 6,,. t Y. 2 l. , r-.. i : rTQn,=. . iM1r4" f d $1 Y{. ! . i z' iaOMYl. S.-. :.' so , wr- 7"" t-. ty q/^% 0 iR' P 7 a `. .-.:. 1 12345 3155 N Johnson Blvd Waco 76706 McLennan 1 20/ 2010 hM supoiMtcr misty 16. 00 2 12346 12121 Lake Oaks Drive Waco 76710 MOLeman 1/ 30/ 2010 halvah Mirth salary 2. 679.03 3 12358 B844 S. C. NI Rides In 30,1 Dallas 75757 Dales 2 22/ 2009 NR clerk hourly 14. 00- 6 e 7 6 s 10 11 17 1] 14 glitree F n 16 16 J 17 18 19 20 21 22 23 24 26 26 27 26 19 Notes on Street Addresses- Must Include Street Direction- N, S, E, W, SE, etc( if applicable) Must Include Street Type- St, Rd, Ave, Blvd, Ln, CU. etc PO Boxes are not acceptable addresses If Address is 1- 35 in McLennan Co.- Use' Jack Kultgen Envy" as Street name JA.' ANDY' HARWELL, County Clerk McLennan Couny. Texas FILED: FEB 1 6 2021 By Myrcetez Gowan- Perkins, Deputy Recording of Authorization of Industrial Business Grant Agreement with Unconditional Love, Inc. for Investment in Industrial Real and Personal Property Approved by Order on December 15, 2020 and recorded on Page 193 of these minutes. ACCEPTED BY COMMISSIONERS COURTFitt jsn,, n THI DAY OF 202 1_ T- E`^ ti U AGREEMENT FOR INDUSTRIAL BUSINESS GRANT BETWEEN MCLENNAN COUNTY AND UNCONDITIONAL LOVE INC. FOR INVESTMENT IN INDUSTRIAL REAL AND PERSONAL PROPERTY This Agreement is entered into by and between McLennan County, Texas ( hereinafter COUNTY"), and UNCONDITIONAL LOVE INC. (hereinafter " UNCONDITIONAL LOVE INC."). RECITALS: WHEREAS, UNCONDITIONAL LOVE INC. proposes to provide real and personal property investment and the creation/ retention of jobs within the COUNTY as set out in the AGREEMENT FOR BUSINESS GRANT BETWEEN THE CITY OF WACO AND UNCONDITIONAL LOVE INC. that is proposed to be adopted by the City Council of the City of Waco, and is attached hereto as Exhibit " A", and incorporated herein ( hereinafter " Project"). This Agreement by the County is expressly subject to the Waco City Council adopting their agreement in substantially the same form as attached as Exhibit" A".; and WHEREAS, UNCONDITIONAL LOVE INC. seeks the provision of economic development incentives from the COUNTY in the form of an Industrial Business Grant under the COUNTY' s Industrial Business Grant Program adopted by the County Commissioners Court as authorized by 381. 004 of the Local Government Code; and WHEREAS, economic development, tax base and employment within the COUNTY will be significantly benefited by the Project; and WHEREAS, provision of grant incentives by the COUNTY to encourage and facilitate the Project will promote, stimulate and encourage business development within the COUNTY and attain the creation/ retention ofjobs within the COUNTY; and WHEREAS, UNCONDITIONAL LOVE INC. meets the applicable eligibility requirements of the COUNTY' s Industrial Business Grant Program; and WHEREAS, the COUNTY and UNCONDITIONAL LOVE INC. wish to enter into an Agreement for Industrial Business Grant identical in all respects ( except as may be specifically set forth below) to the proposed Agreement attached as Exhibit " A" between UNCONDITIONAL LOVE INC. and the City of Waco; and WHEREAS, in order to provide for the proper development of such property and to aid in the conduct of the operation thereof to the best interest of the COUNTY in accordance with the above referenced order and statutes, the parties do mutually agree as set forth below. 1.) Except as stated as an exception below, the COUNTY and UNCONDITIONAL LOVE INC. agree to all the terms and conditions in the proposed Agreement attached hereto as Exhibit " A" for the Industrial Business Grant from the County, and the parties shall owe the same obligations to one another as owed between UNCONDITIONAL LOVE INC. and the City of Waco under the Agreement attached hereto as Exhibit " A" and incorporated herein. The County' s adoption of the terms of the City Agreement is, of course, with relation to County incentives. The County grant award is expressed as a percentage of the additional County ad valorem taxes generated by the increased taxable value of eligible real and/ or personal property over the applicable base year. The terms of the City of Waco Agreement ( Exhibit " A") are intended to be construed as substituting the County for the City and the County grant for the City grant; and shall not be construed to conflict with the County' s IBG Program. Again, the Waco City Council' s approval of the agreement attached as Exhibit " A" is a condition subsequent that must occur for this Agreement to be effective and binding 2.) EXCEPTIONS: 2. 1. Funding of the grant is subject to the conditions set forth in the County' s Industrial Business Grant Program. 2. 2 If any premium opportunities are provided by the City of Waco for employment of Waco residents, such do not apply to the County grant. 2. 3 Under the County IBG Program, property taxes upon which a grant is based do not include farm- to-market and lateral road taxes, and such taxes shall not be included in calculating the grant. 2. 4. In accordance with Section VI of the COUNTY' s Program, the City of Waco will serve as the administrator of the grant on behalf of the COUNTY. 2. 5 NON- APPROPRIATION OF FUNDS — The Texas Constitution prohibits a COUNTY from entering into an obligation which is not payable form current revenues without first levying a tax and creating a sinking fund to pay the obligation. The COUNTY does not intend to levy a separate tax or create a sinking fund. Therefore, to preserve the validity of this Agreement, the COUNTY may cancel this Agreement by non- appropriation in its budget for its obligations hereunder without penalty for liability for such cancellation, provided that the COUNTY shall give UNCONDITIONAL LOVE, INC. written notice of its intention to non- appropriate for the succeeding fiscal year of the COUNTY which ends on September 30) at least 60 days before the end of the then current fiscal year of the COUNTY. The foregoing being said, the COUNTY presently intends to appropriate the amounts that lawfully come due under the Agreement in each year of this Agreement from available revenues of the COUNTY, and will use its best efforts to do so. EXECUTED BY THE PARTIES AS SET FORTH BELOW. MCLENNAN COUNTY, TEXAS UNCONDITIONAL LOVE INC. CO 1. By: .a da2.1 ? By: : Scott M. Felton, County Judge Sean Kane, Co- CEO 2. Date: AS/ Zo Date: December 22, 2020 ATTEST: ATTEST: J. A. " Andy" Harwell, County Clerk By: By: Dep Co C rk Eyh b ,=f- Au " aoao- gge a - is-2.o BUSINESS GRANT AGREEMENT BETWEEN THE CITY OF WACO AND UNCONDITIONAL LOVE INC. This Agreement for Business Grant(" Agreement") is entered into to be effective as of the day of , 20_ ( the " Effective Date") by and between the CITY OF WACO, TEXAS hereinafter " CITY"), a home rule city and municipal corporation of McLennan County, Texas, acting herein by and through its City Manager, and UNCONDITIONAL LOVE INC. hereinafter" UNCONDITIONAL LOVE INC." or" OWNER"). RECITALS: WHEREAS, CITY is the administrator of the City of Waco Business Grant Program which provides incentives to new or expanding businesses in the City of Waco; and WHEREAS, on December 15, 2020, pursuant to Resolution No. 2020- 888, the City Council authorized the CITY to enter into this Business Grant Agreement with UNCONDITIONAL LOVE INC.; and WHEREAS, in consideration of business grant incentives from CITY, UNCONDITIONAL LOVE INC. will relocate its direct-to-consumer, diaper distribution and manufacturing business to Waco, Texas, make significant equipment and facility upgrades to support the production equipment and business, and will create and retain jobs in Waco, McLennan County, Texas; and WHEREAS, UNCONDITIONAL LOVE INC. and CITY desire to enter into this Agreement for Business Grant, NOW, THEREFORE, for the promises and considerations set forth herein, the parties to this Agreement agree as follows: I. UNCONDITIONAL LOVE INC. COMMITMENTS 1. 1 SUBLEASE EXECUTION — On or before June 30, 2021, UNCONDITIONAL LOVE INC. shall sublease, for an initial lease term of not less than nine ( 9) years, 20.474 acres at Lot 11, Block 6, Texas Central South Addition, and otherwise known as 2101 Texas Central Parkway, Waco, McLennan County, Texas (" Premises") on which UNCONDITIONAL LOVE INC. shall relocate its direct-to-consumer, diaper distribution and manufacturing business Business"). 1. 2 TOTAL CAPITAL INVESTMENT — UNCONDITIONAL LOVE INC. shall make a total gross Capital Investment ( as defined below) of no less than Thirty-One Million Dollars 31, 000, 000. 00) in personal and/ or real property improvements on the Premises, such investment value being determined by the higher of the McLennan County Appraisal District MCAD") appraised value or invoices and payment receipts submitted by UNCONDITIONAL LOVE INC. and verified by CITY, as follows: 1. 2. 1 Capital Investment Timeline - UNCONDITIONAL LOVE INC. shall cause to be invested personal and/ or real property improvements (" Personal and/ or Real Property Improvements") on the Premises on the following schedule: 1. 2. 1. 1 On or before December 31, 2021, no less than Twenty- Seven Million Dollars($ 27,000, 000. 00); and 1. 2. 1. 2 On or before December 31, 2023, no less than an additional Four Million Dollars($ 4,000, 000. 00). 1. 2. 2 Capital Investment in 2020. UNCONDITIONAL LOVE INC. and the CITY will include in the calculation of UNCONDITIONAL LOVE INC.' s Capital Investment qualifying expenditures made by UNCONDITIONAL LOVE INC. in the year 2020 even if such expenditures were made before the Effective Date of this Agreement so long as the expenditures were made after the sublease execution. 1. 2. 3 " Capital Investment" means the actual costs attributable to the construction or installation of the Personal and/ or Real Property Improvements and related infrastructure, including the actual construction costs of all buildings, site preparation, structures, equipment, infrastructure( including utility infrastructure), improvements( including labor and materials), architectural and engineering costs, construction management fees, and permit and inspection fees. It does not include any cost reimbursed by the City of Waco or McLennan County, furniture, fixtures, utilities, offsite improvements, surveying costs, legal costs, commissions, taxes, landscaping, fees of consultants, acquisition costs of land, insurance costs, marketing costs, or any interest paid to finance the Personal and/ or Real Property Improvements. 1. 2. 4 Taxability - UNCONDITIONAL LOVE INC. agrees that all $ 31, 000,000.00 of the Personal and/ or Real Property Improvements will be taxable and that no property tax exemptions will be sought for Personal and/ or Real Property Improvements by UNCONDITIONAL LOVE INC. 1. 2. 5 Identification of the Property - The Personal and/or Real Property Improvements are described in Exhibit " A" and do not include inventory, supplies, and/ or office equipment. Such Personal and/ or Real Property Improvements shall be located at the Premises. UNCONDITIONAL LOVE INC. agrees that no substantial or material amount of the Personal and/ or Real Property Improvements covered by this Agreement will be removed from the Premises and/ or disposed of without thirty ( 30) days written notice to CITY and renegotiation of this Agreement. If any of the Personal and/ or Real Property Improvements of material value are removed or disposed of without proper notice, except as provided in this Section 1. 2. 5, or the Personal and/ or Real Property Improvements are not maintained in good condition, reasonable wear and tear excepted, or UNCONDITIONAL LOVE INC. fails to repair, replace, remodel or renovate any material damage or destruction of the Premises or Personal and/ or Real Property Improvements as provided for in this Agreement, then the City may terminate this Agreement after the notice and cure provisions in Section 3. 3 have been followed.. If BUSINESS GRANT/ UNCONDr11ONAL LOVE INC. 2 this Agreement is terminated, UNCONDITIONAL LOVE INC. shall make repayment to CITY of all grant funds disbursed under this Agreement. 1. 2. 6 Certificate of Completion - Upon completion of the installation of the Personal and/ or Real Property Improvements referred to in Sections 1. 2. 1. 1 and 1. 2. 1. 2, UNCONDITIONAL LOVE INC. shall: 1) execute and submit to CITY a Certificate of Completion for the Personal and/ or Real Property Improvements, a copy of which is attached as Exhibit" B;" 2) attach a corresponding fixed asset list containing acquisition date, acquisition cost, and a description of each Personal and/ or Real Property Improvement; and, 3) request that CITY inspect the Premises and Personal and/ or Real Property Improvements and execute the submitted " Certificate of Completion." Before CITY will execute any Certificate of Completion, 1) CITY and MCAD must verify that the installation of the Personal and/ or Real Property Improvement listed in the submitted Certificate of Completion has been completed; and, 2) MCAD must assign an appraised value to the Personal and/ or Real Property Improvements listed in the submitted Certificate of Completion or such value of the Personal and/ or Real Property Improvements may be proven through invoices, payment receipts, or any other proof of expenditures that the CITY deems necessary to verify the value of the Personal and/ or Real Property Improvements required by this section. The CITY will use the higher of the MCAD value and the submitted invoices, payment receipts, or other proof of expenditures to determine whether UNCONDITIONAL LOVE INC. has satisfied the requirements of this Agreement. In such a case, the City administrator will be the final determiner of the actual value of the Personal and/ or Real Property Improvements. UNCONDITIONAL LOVE INC. will only be eligible to receive grant funds related to Personal and/ or Real Property Improvements referenced in a fully-executed Certificate of Completion covered under this Agreement. In the event that UNCONDITIONAL LOVE INC. does not meet its obligations under this Agreement and obtain the signed Certificate( s) of Completion by the applicable dates in Sections 1. 2. 1. 1 and 1. 2. 1. 2 ( may need to submit two Certificates of Completion), the City may terminate this Agreement after the notice and cure provisions in Section 3. 3 have been followed. 1. 3 CONTINUED OPERATION. UNCONDITIONAL LOVE INC. shall continuously operate the Business on the Premises throughout the Term of the Agreement. 1. 4 ESTABLISHMENT OF SALES OFFICE - On or before December 31, 2021, UNCONDITIONAL LOVE INC. shall establish a sales office, i.e. its place of business, at the Premises that meets the Texas Comptroller of Public Accounts' requirements for sales tax collection with Waco, Texas, as the point of origin or source for sales tax. 1. 5 REQUIREMENTS OF OCCUPANCY - On or before December 31, 2021, UNCONDITIONAL . LOVE INC. shall obtain a commercial check and any required trades mechanical, electrical, plumbing) permits from the City and have passed all final inspections for the trades permits for the Premises for the Business. 1. 6 EMPLOYMENT REQUIREMENTS - UNCONDITIONAL LOVE INC. shall create, fill, and retain at least 110 new full- time jobs (" Jobs") in the City of Waco throughout the term BUSINESS GRANT/UNCONDITIONAL LOVE INC. 3 of the Agreement. For purposes of this Agreement, " Job" requires full-time year-round employment ( 2080 hours of work per year), with a minimum of forty ( 40) hours of work per week or eighty( 80) hours of work per two weeks, provides a minimum base wage of no less than fifteen dollars ($ 15. 00) per hour, and provides health insurance benefits comparable to that provided by the City or the County to their own employees. Additionally, on or before December 31, 2023, the average annual wage for the Jobs shall be no less than$ 40,000.00. 1. 6. 1 CITY and UNCONDITIONAL LOVE INC. agree that as of the date of execution of this Agreement, UNCONDITIONAL LOVE INC. has Zero ( 0) full- time jobs in the City of Waco, McLennan County, Texas. 1. 6. 2 Employment Timeline - UNCONDITIONAL LOVE INC. shall create, fill, and retain the Jobs at the Premises on the following schedule: 1. 6.2. 1 On or before December 31, 2021, at least 75 new full-time Jobs; 1. 6. 2.2 On or before December 31, 2022, at least 25 additional, new MI-time Jobs, for a total of 100 Jobs; and 1. 6.2. 3 On or before December 31, 2023, at least 10 additional, new full-time Jobs, for a total of 110 Jobs. 1. 6. 3 Annual Payroll - On or before December 31, 2023, UNCONDITIONAL LOVE INC. shall have an annual payroll of at least Four Million, Five Hundred Dollars 4,500,000.00), excluding benefits, and thereafter shall maintain this level of payroll throughout the Term of the Agreement. 1. 6.4 Jobs created in 2020. UNCONDITIONAL LOVE INC. and the CITY will include in the determination of UNCONDITIONAL LOVE INC.' s compliance with Section 1. 6. 2 all Jobs created and filled by UNCONDITIONAL LOVE INC. in the year 2020 even if such Jobs were created and filled before the Effective Date of this Agreement so long as the Jobs were filled after the sublease execution. 1. 6. 5 Annual Certification of Employment - On or before January 30th of each year for the term of the Agreement, up to and including the year immediately following the termination of this Agreement, UNCONDITIONAL LOVE INC. shall provide CITY with an Annual Certification of Employment ( as of December 31st of the prior year) including an employee roster showing the name or unique employee identification number, address including zip code, date of hire, position, and wage. An example of an acceptable employee roster is attached hereto as Exhibit " C." Every time that UNCONDITIONAL LOVE INC. submits its yearly employee roster in the format required by CITY, UNCONDITIONAL LOVE INC. shall also submit a letter certifying that UNCONDITIONAL LOVE INC. meets its obligations under this Agreement, including the employment requirements. If UNCONDITIONAL LOVE INC. is not able to certify that it is in compliance with the requirements of this Agreement, UNCONDITIONAL LOVE INC. shall submit a notarized letter of explanation with a proposed strategy to resolve the shortcomings. After providing prior reasonable notice to UNCONDITIONAL LOVE INC., CITY shall have the right during regular business BUSINESS GRANT/ UNCONDITIONAL LOVE INC. 4 hours to conduct a personnel audit of UNCONDITIONAL LOVE INC.' s records to verify the employment data. CITY agrees that all UNCONDITIONAL LOVE INC. employee data it receives or views pursuant to this Agreement will be treated as confidential in accordance with all applicable laws, subject to the provisions of Section 1. 6. 7. If UNCONDITIONAL LOVE INC. fails to provide the above- requested information, it shall be subject to the enforcement and termination provisions of this Agreement. 1. 6.6 Notwithstanding the above, if for temporary periods of time which shall not exceed 90 days per twelve month period, the minimum hours per week for any Job or Jobs falls below 40 hours a week but is equal to or above 35 hours per week, UNCONDITIONAL LOVE INC. will not be in violation of Section 1. 6 so long as the average minimum wage of all Jobs is no less than$ 17. 50 per hour. 1. 6. 7 Public Information Requests for Information in Annual Certification of Employment. UNCONDITIONAL LOVE INC. acknowledges that the City of Waco is subject to the provisions of the Texas Public Information Act as set forth in Chapter 552 of the Texas Government Code. Notwithstanding Section 1. 6. 5, if a public information request is made to CITY for any information related to or provided by UNCONDITIONAL LOVE INC. in accordance with the Public Information Act, CITY will send a request to the Texas Attorney General for a decision as to whether or not such information may be withheld from disclosure and will release such information if required to do so by Texas or federal law, as interpreted by the Texas Attorney General. CITY will notify UNCONDITIONAL LOVE INC. that such public information request has been made within five ( 5) days of receipt of the request so that UNCONDITIONAL LOVE INC. can send any arguments to the Texas Attorney General concerning why the information is confidential and should not be released and so that UNCONDITIONAL LOVE INC. can assert any other rights it may have under law to keep such information from being disclosed. Also, notwithstanding Section 1. 6. 5, if CITY is required to make disclosure of any information related to or provided by UNCONDITIONAL LOVE INC. pursuant to a court order, subpoena or summons, CITY shall notify UNCONDITIONAL LOVE INC. to allow UNCONDITIONAL LOVE INC. to assert whatever exclusions or exemptions may be available to UNCONDITIONAL LOVE INC. under applicable law. UNCONDITIONAL LOVE INC. acknowledges that CITY must comply with such court order, subpoena or summons unless otherwise determined by the applicable court. The provisions of this Section shall survive the termination of this Agreement. 1. 7 PAYMENT OF TAXES AND ASSESSMENTS - UNCONDITIONAL LOVE INC. agrees to pay all taxes and assessments ( unless otherwise exempted or abated) it owes to CITY prior to such taxes and/ or assessments becoming delinquent, provided that UNCONDITIONAL LOVE INC. shall have the right to dispute in good faith the validity or application of any such tax or assessment and shall not be considered in default hereunder so long as such contest is diligently pursued to completion. In the event UNCONDITIONAL LOVE INC. does dispute any such tax or assessment, it shall nevertheless promptly pay to the local tax office prior to the taxes becoming delinquent, all taxes and assessments which it is not so disputing. If UNCONDITIONAL LOVE INC. undertakes any such dispute, it shall so notify CITY in writing and keep CITY apprised of the status of such dispute. All appraisal disputes are subject to the BUSINESS GRANT/ UNCONDITIONAL LOVE INC. 5 provisions of Section 3. 4 of this Agreement. Should UNCONDITIONAL LOVE INC. be unsuccessful in any dispute, UNCONDITIONAL LOVE INC. shall promptly pay the taxes and any resulting penalties and/ or interest. 1. 8 INDEMNIFICATION - UNCONDITIONAL LOVE INC. AGREES TO ASSUME FULL RESPONSIBILITY AND LIABILITY FOR THE INSTALLATION OF SAID PROPERTY, AND SUCH USE UNDER THIS AGREEMENT, AND HEREBY AGREES TO INDEMNIFY, PROTECT AND HOLD HARMLESS THE CITY, ITS EMPLOYEES, AGENTS, AND SERVANTS, OF AND FROM ALL CLAIMS, DEMANDS, AND CAUSES OF ACTIONS OF EVERY KIND AND CHARACTER, INCLUDING THE COST OF DEFENSE THEREOF, FOR ANY INJURY TO, INCLUDING DEATH OF, PERSONS AND ANY LOSSES FOR DAMAGES TO PROPERTY TO THE EXTENT CAUSED BY OR ALLEGED TO BE CAUSED, ARISING OUT OF, OR ALLEGED TO ARISE OUT OF, UNCONDITIONAL LOVE INC.' S NEGLIGENCE IN SAID CONSTRUCTION, INSTALLATION OR USE HEREUNDER 1. 9 INSURANCE - During the period of time when UNCONDITIONAL LOVE INC. is utilizing said Premises and Personal and/ or Real Property Improvements, and at all times thereafter during the term of this Agreement, UNCONDITIONAL LOVE INC. shall keep the Premises and Property insured against loss or damage by fire or any other casualty. UNCONDITIONAL LOVE INC. shall furnish the City of Waco with all certificates of insurance evidencing such insurance coverage within 30 days of receipt of a commercial check and any required trades ( mechanical, electrical, plumbing) permits from the City and within 30 days of any later amendments of the certificates of insurance. In the event the Premises and/ or Personal and/ or Real Property Improvements are damaged by fire or any other casualty, if UNCONDITIONAL LOVE INC. pursues diligent completion of such damages in order to repair, replace, remodel or renovate Premises and/ or Personal and/ or Real Property Improvements, then the Incentive Grants as provided for in this Agreement shall be suspended during the time that the Premises and/ or Personal and/ or Real Property Improvements are being repaired, replaced, remodeled, or renovated. When the Premises and/ or Personal and/ or Real Property Improvements are restored to their prior condition, the Incentive Grants shall commence for the remaining term of the Agreement, from the time the Agreement was suspended. Should UNCONDITIONAL LOVE INC. decide not to repair, replace, remodel, or renovate the damaged Premises and/ or Personal and/ or Real Property Improvements, then the Incentive Grants as provided for in this Agreement shall cease completely and UNCONDITIONAL LOVE INC. will be responsible for repaying CITY the amount of the Incentive Grants awarded under this Agreement as if the Agreement had not existed in proportion to the amount of Premises and/ or Personal and/ or Real Property Improvements not restored. Within ninety ( 90) days of the date such damage to Premises and/ or Personal and/ or Real Property Improvements occurs, UNCONDITIONAL LOVE INC. shall submit written notice of intent to the Waco City Manager setting forth the dates UNCONDITIONAL LOVE INC. anticipates starting and completing the repair, replacement, remodeling or renovation of the damaged Premises and/ or Personal and/ or Real Property Improvements. 1. 10 INSPECTION - At all reasonable times during the construction and/ or installation and use of the Premises and/ or Personal and/ or Real Property Improvements during the Term of this BUSINESS GRANT/UNCONDITIONAL LOVE INC. 6 Agreement, UNCONDITIONAL LOVE INC. shall permit CITY and its respective designees to inspect Premises and/ or Personal and/ or Real Property Improvements, after providing two ( 2) days advance notice, in order to assure that all construction, workmanship, materials and installations involved in or incident to the project are performed in substantial completion with any plans or revised plans, submitted to and approved by CITY. UNCONDITIONAL LOVE INC. agrees to construct and/ or install and use said Premises and/ or Personal and/ or Real Property Improvements in accordance with all applicable laws, ordinances, codes, rules, requirements, or regulations of the City of Waco, McLennan County, the State of Texas, and the United States, and any subdivision, agency, or authority thereof. 1. 11 CITY RIGHT OF AUDIT: CITY has the right to audit all of UNCONDITIONAL LOVE INC.' S invoices related to the installation of the Premises and/ or Personal and/ or Real Property Improvements, which are the subject of this Agreement, which includes the right of CITY to examine and obtain copies of all invoices related to the installation of the Premises and/ or Personal and/ or Real Property Improvements. II. THE CITY OF WACO COMMITMENTS 2. 1 INCENTIVE GRANT— In exchange for UNCONDITIONAL LOVE INC. investing no less than $ 31, 000, 000. 00 in Personal and/ or Real Property Improvements as defined herein, and UNCONDITIONAL LOVE INC. complying with the employment requirements, and complying with all other requirements of this Agreement, including Section 1, CITY agrees to provide UNCONDITIONAL LOVE INC. with a grant based on Real Property taxes paid for the Premises, a grant based on new Personal Property Improvements installed at the Premises, and a grant for sales taxes generated at the Premises. Grant payments generated by the Premises will be reimbursed annually, except that the Sales Tax Grant will be paid semi- annually, by CITY to UNCONDITIONAL LOVE INC. pursuant to the schedule outlined below. Personal and/ or Real Property Improvements not identified in Exhibit" A" other than the Premises are not subject to a grant under this Agreement. 2. 1. 1 Real Property Incentive Grant - The " Real Property Grant" shall have a total term of five ( 5) years. The term of the Real Property Grant shall begin on January 1, 2022 and end December 31, 2026, and shall be referred to hereunder as the " Real Property Grant Term." The Real Property Grant shall be an amount equal to the applicable percentage, as set forth below, of City of Waco taxes paid on the existing taxable value and any increase in taxable value of the Premises which is the subject of this Agreement: 25% for Years 1 — 5 of the Real Property Grant Term: January 1, 2022 — December 31, 2026. 2. 1. 2 Personal Property Incentive Grant - The ` Personal Property Grant" shall have a total term of seven ( 7) years with the base year for purposes of calculating the grant being the year 2020. The term of the Personal Property Grant shall begin on January 1, 2022, and end December 31, 2028, and shall be referred to hereunder as the " Personal BUSINESS GRANT/ UNCONDITIONAL LOVE INC. 7 Property Grant Term." The Personal Property Grant shall be an amount equal to the applicable percentage, as set forth below, of City of Waco taxes paid on the taxable value of the Personal Property improvements, which are the subject of this Agreement. 70% for Year 1 of the Personal Property Grant Term. January 1, 2022 — December 31, 2022; 60% for Year 2 of the Personal Property Grant Term. January 1, 2023 — December 31, 2023; 50% for Year 3 of the Personal Property Grant Term. January 1, 2024 — December 31, 2024; 40% for Year 4 of the Personal Property Grant Term. January 1, 2025 — December 31, 2025; 25% for Year 5 of the Personal Property Grant Term. January 1, 2026 - December 31, 2026; 15% for Year 6 of the Personal Property Grant Term. January 1, 2027 - December 31, 2027; and 15% for Year 7 of the Personal Property Grant Term. January 1, 2028 - December 31, 2028. 2. 1. 3 Sales Tax Grant- The" Sales Tax Grant" shall have a total term of nine( 9) years with the term commencing on January 1, 2022, and ending December 31, 2031, and shall be referred to hereunder as the " Sales Tax Grant Term." The City shall make Sales Tax Payments to UNCONDITIONAL LOVE INC. in semi- annual installments equal to seventy percent ( 70%) of Sales Tax paid to the City for sales at the Premises in the prior six months. 2. 1. 3. 1 The Sales Tax Grant payments shall cease after the conclusion of the nine year term ending on December 31, 2031, except that, if UNCONDITIONAL LOVE INC. extends its sublease of the Premises for an additional term longer than one year, then UNCONDITIONAL LOVE INC. will be entitled to a tenth year of the Sales Tax Grant at the same percentage set forth in Section 2. 1. 3 and the Term of this Agreement shall be extended for a period of one year. 2. 1. 3. 2 UNCONDITIONAL LOVE INC. understands that the only source of funds for the Sales Tax Grant is the sales tax that the City actually receives for sales made at the Premises. Should the City receive no sales tax for sales made by UNCONDITIONAL LOVE INC. at the Premises for any reason, including a change in state law or Texas Comptroller rules regarding point of origin sales, then the City is not liable for said grant. BUSINESS GRANT/ UNCONDITIONAL LOVE INC. 8 2. 1. 4 The Real Property Grant, Personal Property Grant, and Sales Tax Grant hereafter will be collectively referred to as the` Incentive Grants." 2. 1. 5 Payment —UNCONDITIONAL LOVE INC. may submit a payment request in writing to CITY for payment of the previous year' s Incentive Grants amounts on or after February 15, 2023 and February 15s` of the relevant grant terms, and for the Sales Tax Grant, UNCONDITIONAL LOVE INC. may submit an additional payment request on or after August 15, 2023 and August 15th of each subsequent year of the Sales Tax Grant Term. Each payment request must be accompanied by evidence showing the taxable value ( as determined by MCAD) of the property eligible under this Agreement and that all City of Waco taxes on such property have been paid by UNCONDITIONAL LOVE INC. Payment will be made within forty- five ( 45) days of receipt of the grant payment request from UNCONDITIONAL LOVE INC. for such disbursement, subject to verification of compliance with the requirements of this Agreement. 2. 1. 5. 1 For the Sales Tax Grant, UNCONDITIONAL LOVE INC. shall submit the following with its payment request: A) A copy of all sales tax reports, including amended reports, filed by UNCONDITIONAL LOVE INC. for each month during the requested period showing sales tax collected; B) All Texas Comptroller reports verifying sales tax collected during the requested period; C) A copy of all direct payment and self-assessment returns, including amended returns, filed by UNCONDITIONAL LOVE INC. for each month of the requested period showing sales/ use tax paid; and D) Information concerning any refund received by UNCONDITIONAL LOVE INC. of sales or use tax paid by UNCONDITIONAL LOVE INC. which had previously been reported by UNCONDITIONAL LOVE INC. as Sales Tax paid. III. COMPLETION AND REDUCTION/ RECOVERY OF GRANT FUNDS 3. 1 JOB RETENTION COMPLIANCE —As set out in Section. 1. 6, UNCONDITIONAL LOVE INC. shall retain no less than one hundred, ten( 110) Jobs in the City of Waco throughout the Term of the Agreement ( the " Job Retention Requirement"). If UNCONDITIONAL LOVE INC. does not meet the Job Retention Requirement for the entire term of this Agreement, CITY may, after the notice and cure procedures in Section 3. 3 have been followed, reduce the Incentive Grants to UNCONDITIONAL LOVE INC. by an amount equal to the percentage of decrease in UNCONDITIONAL LOVE INC.' s employment numbers; or, may cancel the grant payments to UNCONDITIONAL LOVE INC. and require repayment of grant funds as set out below. 3. 1. 1 Partial Compliance with Job Retention - If during any year during the Term of this Agreement, UNCONDITIONAL LOVE INC. decreases its level of employment BUSINESS GRANT/UNCONDITIONAL LOVE INC. 9 below the Job Retention Requirement, CITY shall reduce the Incentive Grants payable to UNCONDITIONAL LOVE INC. by an amount equal to the percentage of decrease in UNCONDITIONAL LOVE INC.' S employment numbers, subject to Sections 3. 1. 2 and 3. 1. 3, below. For example, if UNCONDITIONAL LOVE INC. is eligible to receive a Real Property Grant of$ 1, 000.00 for the year 2024, but UNCONDITIONAL LOVE INC. has reduced its employment numbers from 110 jobs to 99 Jobs, being 90% of the Job Retention Requirement, then UNCONDITIONAL LOVE INC. will only be entitled to receive $ 900. 00 of the Real Property Grant and, likewise, 90% of the other Incentive Grants. The City may consider a lesser pro rata portion, relative to the amount of time that compliance was achieved. 3. 1. 2 Temporary Failure to meet Job Retention— If during any year during the Term of this Agreement and as a result of normal attrition, the number of UNCONDITIONAL LOVE INC.' s Jobs falls below the Job Retention Requirement, but remains at least seventy percent( 70%) of the Job Retention Requirement, that event will not be used as a basis for requiring repayment of a pro-rata portion of the Incentive Grants unless UNCONDITIONAL LOVE INC. does not reasonably attempt to fill the vacant positions through its normal hiring processes. UNCONDITIONAL LOVE INC. will provide documentation required by CITY to verify UNCONDITIONAL LOVE INC.' s reasonable attempt to fill those vacant positions. 3. 1. 3 Noncompliance with Job Retention — If UNCONDITIONAL LOVE INC. provides an Annual Certification of Employment that demonstrates that its level of employment during any year of the Term of this Agreement has fallen below seventy percent ( 70%) of the Job Retention Requirement, then CITY may terminate the Agreement and require UNCONDITIONAL LOVE INC. to repay all of the Incentive Grants paid to UNCONDITIONAL LOVE INC. under this Agreement. UNCONDITIONAL LOVE INC and may cancel all future grant payments. UNCONDITIONAL LOVE INC. shall make the repayment of Incentive Grants to CITY upon sixty( 60) days written demand by CITY. 3. 2 NONCOMPLIANCE WITH TOTAL VALUE OF PERSONAL AND/ OR REAL PROPERTY IMPROVEMENTS — If during any year during the Term of this Agreement, the amount of UNCONDITIONAL LOVE INC.' s Personal and/ or Real Property Improvements investment, less depreciation, is less than the numbers as set out in Sections 1. 2. 1, CITY shall reduce the Incentive Grants by an amount equal to the percentage of decrease in UNCONDITIONAL LOVE INC.' S investment in Personal and/ or Real Property Improvements, subject to Section 3. 2. 1. For example, if by December 31, 2023, UNCONDITIONAL LOVE INC. has invested a total of$ 29,450, 00. 00 ( 95% of the required investment amount) in Personal and/ or Real Property Improvements, then UNCONDITIONAL LOVE INC.' S Incentive Grants will be reduced by five percent ( 5%). In that event, UNCONDITIONAL LOVE INC. will be required to repay CITY five percent( 5%) of all Incentive Grants received, if any, and all future Incentive Grants payments, as determined on a yearly basis, may be reduced accordingly. For the purposes of calculating the appropriate remedies for noncompliance, the remedy for noncompliance with total Job retention commitment shall be applied before the remedy for noncompliance with the total value of required Personal and/ or Real Property Improvements. BUSINESS GRANT/ UNCONDITIONAL LOVE INC. 10 3. 2. 1 Noncompliance by Fifteen Percent ( 15%) or More With Total Value of Personal and/ or Real Property Improvements - In the event that UNCONDITIONAL LOVE INC. does not complete and install at least $ 26, 350, 000. 00, being eighty- five percent ( 85%) of$ 31, 000, 000. 00, in Personal and/ or Real Property Improvements at the Premises by December 31, 2023, UNCONDITIONAL LOVE INC. will be subject to, after the notice and cure procedures in Section 3. 3 have been followed, a pro- rata reduction in Incentive Grants pursuant to this Agreement and this Agreement may be terminated upon the giving of written notice to UNCONDITIONAL LOVE INC. by CITY. In that event, UNCONDITIONAL LOVE INC. will be required to repay CITY a pro-rata share of Incentive Grants received by UNCONDITIONAL LOVE INC., if any, and all future Incentive Grant payments may be cancelled by CITY. For the purposes of calculating the appropriate remedies for noncompliance, the remedy for noncompliance with the total Job retention commitment shall be applied before the remedy for noncompliance with this Section. 3. 3 CURE PERIOD FOR NONCOMPLIANCE - Before any failure of any Party to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement such that another Party' s remedies are available, the Party claiming such failure shall notify, in writing, the Party alleged to have failed to perform of the alleged failure and shall demand performance. No breach of this Agreement may be found to have occurred if such breach has been cured within ninety( 90) days following the receipt of such notice( the" Cure Period"). 3. 3. 1 During any Cure Period, UNCONDITIONAL LOVE INC. shall not be entitled to receive any Incentive Grants. If UNCONDITIONAL LOVE INC. cures the default, UNCONDITIONAL LOVE, INC. is entitled to full payment of any Incentive Grants which were not paid during the Cure Period. 3. 3. 2 In the event that a Cure Period causes the Completion Certificate referred to in Section 1. 2. 6 to be delayed, UNCONDITIONAL LOVE INC. may elect by a written notice to the City to push back the start date for its Incentive Grants to January 1" following compliance with Section 1. 2. 6. In such a case, the dates in Sections 2. 1 will be deemed to change accordingly to a later date that will allow UNCONDITIONAL LOVE INC. to receive full calendar years of the Incentive Grants and the same period of time will be added to the Term of the Agreement in Section 5. 1. Except as provided in Section 2. 1. 3. 1, in no event will a Grant Term exceed UNCONDITIONAL LOVE INC.' s sublease term of the Premises. 3. 3. 3 If UNCONDITIONAL LOVE INC. fails to perform its obligations within the Cure Period and repayment of Incentive Grants is required, then UNCONDITIONAL LOVE INC. shall make repayment to the CITY within 30 days of the end of the Cure Period without further notice from the CITY. 3. 4 APPRAISAL DISPUTES — UNCONDITIONAL LOVE INC. shall have the right to dispute any assessment by MCAD of the value of the Premises and Personal and/ or Real Property Improvements. If during the term of this Agreement, UNCONDITIONAL LOVE INC. initiates an appraisal dispute and that dispute results in the reduction of the appraised value of the Premises below$ 19, 500,000.00 plus the value of any real property improvements as identified in BUSINESS GRANT/ UNCONDITIONAL LOVE INC. I I its certificate of completion, and the total value of the Premises and new Personal and/ or Real Property Improvements, minus depreciation of the Personal and/ or Real Property Improvements using MCAD' s depreciation schedule, below $ 31, 000, 000. 00, then, after the notice and cure procedures in Section 3. 3 have been followed, UNCONDITIONAL LOVE INC. shall be required to repay the CITY all Incentive Grants awarded and paid by CITY and will not be entitled to any further Incentive Grants. Repayment of Incentive Grants shall be made by UNCONDITIONAL LOVE INC. upon sixty ( 60) days written demand by CITY. As provided by this Agreement, grant funds will not be disbursed until all appraisal disputes have been finalized and the taxes have been paid. UNCONDITIONAL LOVE INC. agrees to a straight- line depreciation of the Personal and/ or Real Property Improvements which are the subject of this Agreement. This section is not subject to a Cure Period. 3. 5 TERMINATION. This Agreement terminates on the date set forth in Section 5. 1, and may, prior to such date, be terminated upon any one or more of the following: 3. 5. 1 by mutual written agreement of the Parties; 3. 5. 2 upon written notice by CITY, if UNCONDITIONAL LOVE INC. fails to comply with its obligations under this Agreement and such failure( s) is not cured in accordance with Section 3. 3; 3. 5. 3 as detailed in Sections 1. 2. 5, 1. 2. 6, 3. 1. 3, 3. 2. 1, and 3. 4; 3. 5. 4 upon written notice by the CITY, if any payment owed to the City by UNCONDITIONAL LOVE INC. becomes delinquent ( provided, however, UNCONDITIONAL LOVE INC. retains the right to timely and properly protest and contest any such payment of taxes as provided in this Agreement); 3. 5. 5 upon UNCONDITIONAL LOVE INC. making a false or incorrect statement or representation in any certificate, report or other instrument furnished in connection with this Agreement in any material respect that proves to have been false or incorrect when made; 3. 5. 6 upon written notice by the CITY, if UNCONDITIONAL LOVE INC. suffers an event of bankruptcy or insolvency; or 3. 5. 7 upon written notice by UNCONDITIONAL LOVE INC. or the CITY, if any subsequent federal or state legislation or any decision of a court of competent jurisdiction declares or renders this Agreement invalid, illegal, or unenforceable. 3. 6 REPAYMENT OF INCENTIVE GRANTS. 3. 6. 1 Except as provided by Section 3. 6. 2, upon termination of the Agreement, UNCONDITIONAL LOVE INC. shall repay Incentive Grants funds received, capped at an amount equal to all Incentive Grant funds paid by CITY to UNCONDITIONAL LOVE INC. for the four ( 4) years prior to the year in which the repayment is due, unless otherwise provided in the Agreement, and all future Incentive Grants shall be cancelled. 3. 6.2 Upon termination of the Agreement pursuant to Section 3. 5. 1, no repayment of Incentive Grants is required, but all future Incentive Grants shall be cancelled. BUSINESS GRANT/ UNCONDITIONAL LOVE INC. I2 3. 7 NON- APPROPRIATION OF FUNDS — The Texas Constitution prohibits a municipality from entering into an obligation which is not payable from current revenues without first levying a tax and creating a sinking fund to pay the obligation. CITY does not intend to levy a separate tax or create a sinking fund. Therefore, to preserve the validity of this Agreement, CITY may cancel this Agreement by non-appropriation in its budget for its obligations hereunder without penalty for liability for such cancellation, provided that CITY shall give UNCONDITIONAL LOVE INC. written notice of its intention to non- appropriate for the succeeding fiscal year of CITY ( which ends on September 30) at least 60 days before the end of the then current fiscal year of CITY. The foregoing being said, CITY presently intends to appropriate the amounts that lawfully come due under the Agreement in each year of this Agreement from available revenues of CITY and will use its best efforts to do so. IV. KNOWING EMPLOYMENT OF UNDOCUMENTED WORKERS UNCONDITIONAL LOVE INC. acknowledges that effective September 1, 2007, CITY is required to comply with Chapter 2264 of the Texas Government Code, enacted by House Bill 1196( 80th Texas Legislature), which relates to restrictions on the use of certain public subsidies. UNCONDITIONAL LOVE INC hereby certifies that UNCONDITIONAL LOVE INC., and any branches, division, or departments of UNCONDITIONAL LOVE INC., does not and will not knowingly employ an undocumented worker, as that term Ls defined by Section 2264.001( 4) of the Texas Government Code. In the event that UNCONDITIONAL LOVE INC., or any branch division, or department of UNCONDITIONAL LOVE INC., is convicted of a violation under § U.S.C. Section 132440 ( relating to federal criminal penalties and injunctions for a pattern or practice of employing unauthorized aliens) and such violation occurs during the Term ofthis Agreement: If such conviction occurs during the Term of this Agreement, this Agreement shall terminate contemporaneously upon such conviction ( subject to any appellate rights that may lawfully be available to and exercised by UNCONDITIONAL LOVE INC. and UNCONDITIONAL LOVE INC. shall repay, within one hundred twenty ( 120) calendar days following receipt of written demand from CITY, the aggregate amount of the grantfunds received by UNCONDITIONAL LOVE INC. hereunder, if any, plus simple interest at a rate ofJive percent ( 5%) per annum based on the amount of grant funds received in each previous year as of December 31 of the tax year for which the grant funds were received: or Ifsuch conviction occurs after expiration or termination of this Agreement, subject to any appellate rights that may lawfully be available to and exercised by UNCONDITIONAL LOVE INC, UNCONDITIONAL LOVE INC. shall repay, within one hundred twenty ( 120) calendar days following receipt of written demand from CITY, the aggregate amount of grant funds received by UNCONDITIONAL LOVE INC. hereunder, if any, plus simple interest at a rate offive percent ( 5%) per annum based on the amount ofgrant funds received in each previous year as ofDecember 31 of the tax year for which the grant funds were received. BUSINESS GRANT/ UNCONDITIONAL LOVE INC. 13 For the purpose of this Section, " simple interest" is defined as a rate of interest applied only to an original value, in this case the aggregate amount of grant funds. This rate of interest can be applied each year, but will only apply to the aggregate amount of grant funds and is not applied to interest calculated. This Section does not apply to convictions of any subsidiary or affiliate entity of UNCONDITIONAL LOVE INC., by any franchises of UNCONDITIONAL LOVE INC., or by a person or entity with whom UNCONDITIONAL LOVE INC. contracts. Notwithstanding anything to the contrary herein, this Section shall survive the expiration or termination of this Agreement. V. MISCELLANEOUS 5. 1 TERM. This Agreement shall be effective from Effective Date until June 30, 2032. 5. 2 REMEDIES - CITY shall have all remedies provided by law or in equity to recover the grant funds, and shall be entitled to recover all reasonable and necessary attorneys' fees and costs incurred in connection therewith. 5. 3 FORCE MAJEURE - Any delay in the performance of any of the duties or obligations of either party hereunder ( the " Delayed Party") shall not be considered a breach of this Agreement and the time required for performance shall be extended for a period equal to the period of such delay, provided that such delay has been caused by or is the result of any acts of God; acts of the public enemy; insurrections; riots; embargoes; fires; explosions; floods; other natural disasters; changes in laws governing intemational trade; or other unforeseeable causes beyond the control and without the fault or negligence of the Delayed Party, but under no circumstances will the current COVID- 19 pandemic constitute a" Force Majeure." The Delayed Party shall provide written notice of the Force Majeure Event within fifteen( 15) business days of its discovery. The written notice shall include a description of the event of Force Majeure and to the extent then known by the Delayed Party, the nature and estimated duration of the suspension period, and the extent to which Delayed Party will be unable to fulfill its obligations under this Agreement. The Delayed Party shall use reasonable diligence to minimize damages and resume performance. If an event of Force Majeure is anticipated to continue for longer than 90 days, the Delayed Party shall, within such 90- day period, provide notice thereof to the other party along with its plan for minimizing such delay. If a Force Majeure continues for longer than 270 days, either party may terminate this Agreement upon written notice of termination to the other party and without providing a Cure Period to the other party. 5. 4 COVID- 19 PANDEMIC. The parties acknowledge that as of the date of this Agreement, the world is experiencing a pandemic of the Coronavirus (" COVE/- 19 Pandemic"). Notwithstanding anything to the contrary contained in this Agreement, if either party is prevented or delayed from performing any act or discharging any obligation under this Agreement due to proclamations, orders, regulations, restrictions and mandated closures of the federal, State, or local government arising out of the COVID- 19 Pandemic ( including, but not limited to, governmental emergency orders, governmental health orders, governmental executive orders, or governmental emergency directives), then performance of the act shall be excused for BUSINESS GRAN / UNCONDITIONAL LOVE INC. 14 the period of the delay, and the period for performance of the act shall be extended for a period equivalent to the period of delay. The Delayed Party shall provide written notice of the delay within fifteen ( 15) business days of its discovery. If the delay caused by the COVID- 19 Pandemic continues for longer than 180 days, either party may terminate this Agreement upon written notice of termination to the other party and without providing a Cure Period to the other party. 5. 5 VENUE - Texas law shall govern interpretation of this Agreement and all disputes hereunder. This Agreement is to be performed in McLennan County, Texas, and venue of any dispute between the parties shall be fixed in a court of competent jurisdiction in McLennan County, Texas. 5. 6 SIGNATURE AUTHORITY - The persons executing this Agreement are authorized to sign this Agreement on behalf of the party for which they sign and have the express power to bind the parties for which they sign. 5. 7 NOTICE - Notices or correspondence under this Agreement to either party from the other may be personally delivered or sent by First Class Mail, or other reliable courier. Notice to the CITY shall be sent to: City of Waco Attn: Bradley Ford City Manager P. O. Box 2570 Waco, Texas 76702- 2570 Notice to UNCONDITIONAL LOVE INC. shall be sent to: UNCONDITIONAL LOVE INC. Attention: Sean Kane, Co- CEO 17383 Sunset Blvd, Suite B200 Pacific Palisades, CA 90272 310) 770- 5263 sean(iblaunched. la With a copy to: Chatham Law Group Attn: Christopher Chatham, Esq. 2046 Hillhurst Ave. Los Angeles, CA 90027 chris@chathamfrrm. com 5. 8 WAIVER- No waiver by either party of any provision of this Agreement shall be effective unless in writing and such waiver shall not be construed as or implied to be a subsequent waiver of that provision or any other provision. BUSINESS GRANT/ UNCONDITIONAL LOVE INC. I S 5, 9 ASSIGNMENT - UNCONDITIONAL LOVE INC. may not assign this Agreement without the prior written approval of CITY, which approval shall not unreasonably be withheld. 5. 10 AGREEMENT AND BINDING AUTHORITY - This Agreement supersedes and constitutes a merger of all prior oral and/ or written agreements and understandings of the parties on the subject matter of this Agreement and is binding on the parties and their legal representatives, receivers, executors, successors, agents and assigns. 5. 11 AMENDMENTS- This agreement can be supplemented and/or amended only by a dated written document executed by both parties. 5. 12 ARTICLE AND SECTION HEADINGS - The Article and Section headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provision of this Agreement. 5. 13 PARTIAL INVALIDITY - If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 5. 14 SEVERABILITY - If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect. 5. 15 COUNTERPARTS; FACSIMILE SIGNATURES - This Agreement may be executed in any number of and by different parties hereto on separate counterparts, all of which, when so executed, shall be deemed an original, but all such counterparts shall constitute one and the same agreement. Any signature delivered by a party by facsimile or electronic transmission including email transmission of a PDF image) shall be deemed to be an original signature hereto. 5. 16 APPROVAL OF RELATED AGREEMENTS — This Agreement is subject to the County' s approval of the Industrial Business Grant Agreement between McLennan County and UNCONDITIONAL LOVE INC. and WMCEDC' s approval of the Program Project Agreement between UNCONDITIONAL LOVE INC. and WMCEDC. If either of the agreements is not approved by the respective governing body, this Agreement will become null and void and the CITY and UNCONDITIONAL LOVE INC. will have no further obligations under this Agreement. BUSINESS GRANT/ UNCONDITIONAL LOVE INC. 16 EXECUTED this 22 day of December 2020 . UNCONNDITIIONAL LOVE INC. By: ALie4C, Sean Kane, Co-CEO ATTEST: THE CITY OF W O, TEXAS By: Bradley Ford City Manager, City of Waco ATTEST: By: a ytlic d o ov smeralda Hudson City Secretary, City of Waco TES' APPROV AS TO FORM & LEGALITY: By: J fer le City ttorney, City ofWaco BUSINESS GRANT/ UNCONDITIONAL LOVE INC. 17 EXHIBIT A Attachment 4 Estimated Personal Property List 1 Capital Investment by Property Tax Year 2022 Personal Property- Diaper line 1 9, 500, 000 Personal Property- Diaper line 2 9, 500, 000 Personal Property- Diaper line 3 9, 500, 000 Taxable Improvements 2, 500, 000 Total $ 31, 000, 000 EXHIBIT B CERTIFICATE OF COMPLETION FOR AGREEMENT FOR CHAPTER 380 GRANT BETWEEN COMPANY NAME AND THE CITY OF WACO, TEXAS THE STATE OF TEXAS COUNTY OF MCLENNAN COMPANY NAME (" Owner") acting by and through its authorized rep iaentative, hereby certifies that it has invested at least$ XX,000,000. 00 in REAL PROPERTY IMPROVEMENTS and$ XX,000, 000. 00 in NEW TAXABLE BUSINESS PERSONAL PROPERTY IMPROVEMENTS ( collectively Improvements") as called for in that certain " Agreement for Chapter 380 Grant Between COMPANY NAME and the City of Waco, Texas"(" Agreement"), between Owner and the City of Waco( approved by the City Council through Resolution No. 2020- on DATE.) Appropriate documentation that outlines the total costs expended by and on behalf of Company for the Real Property Improvements together with supporting invoices and other documents necessary to demonstrate that such amounts were actually paid by Owner, is attached. Appropriate documentation via a fixed asset list of taxable property that outlines the total costs expended by and on behalf of Company for the Personal Property Improvements together with supporting invoices and other documents necessary to demonstrate that such amounts were actually paid by Owner, is attached. Each year the Agreement is in effect, Owner must verify that it is in compliance with all the terms of the Agreement, including the employment requirements. Signed this_ day of 20_ COMPANY NAME By: The IMPROVEMENTS presented by Owner have been accepted by the City of Waco as completed in compliance with the above- referenced Agreement. Signed this_ _ day of 20_ CITY OF WACO, TEXAS By: Bradley Ford City Manager EXHIBIT C Certified Employee Roster ABC Company Employee Roster as of mo/day/ year 1h . h t r En byB!$ S ss Address Apt/fl blybyeeort Dr ;: i , 01; yp nine idle Ity '-. ap :,>..' Countyr. Nire Date „ pbslacn_ .>, n Pay Type Rate. :. 112345 5165 N Johnson Bed Paco 7670e McLennan 1/ 302010 Ins supervisor tcurty 15.00 2 12368 12121 Lake Oaks Orly. Waco 76710 McLennan 1/ 30/2010 Velwork M,nln salary 2,579.00 3 12368 6644 s. CaNI Ridge Ln 304 I. las 75757 Dallas 222/ 2009 iR dart hourly 14.00 4 fr 6 7 a a 10 11 12 13 14 15 @ 16 I '' . , 17 1e 18 20 21 22 23 24 25 2e 27 28 28 Notes on Street Addresses: Must include Street Direction- N, S, E, W, SE, etc( if applicable) Must Include Street Type- St, Rd, Ave, Blvd, Ln, Cir, etc PO Boxes are not acceptable addresses If Address is 1- 35 in McLennan Co.- Use" Jack Kultgen Envy" as Street name JA.' ANDY' H.ARVVELL, County Clerk McLennan Counw. Texas FILED: FEB 1 6 2021 By Myrcetez Gowan-Perkins, Deputy Recording of Authorization of Program Project Agreement with Unconditional Love, Inc Approved by Order on December 15, 2020 and recorded on Page 193 of these minutes. z- D BY COMMISSIONERS COURT erAye CI ib-- TM '' OJJF 20 jDAYYO COU JU ap2O -889 PROGRAM PROJECT AGREEMENT BETWEEN WACO McLENNAN COUNTY ECONOMIC DEVELOPMENT CORPORATION AND UNCONDITIONAL LOVE INC. THIS PROGRAM PROJEC AG MENT( hereinafter" Agreement") is entered into to be effective as of the 2,2e" day of/ ak ( the " Effective Date") by and between UNCONDITIONAL LOVE INC. ( hereinafter " UNCONDITIONAL LOVE INC.") and the WACO McLENNAN COUNTY ECONOMIC DEVELOPMENT CORPORATION, a Texas non- profit corporation ( hereinafter" WMCEDC"). RECITALS: WHEREAS, WMCEDC is the administrator of the economic development program established by the City of Waco, Texas ( hereinafter " City") and McLennan County, Texas hereinafter" County")( collectively referred to herein as " funding entities") to provide incentives to new or expanding businesses in the City of Waco and McLennan County, Texas; and WHEREAS, in consideration of said incentives, UNCONDITIONAL LOVE INC. will relocate its direct- to- consumer, diaper distribution and manufacturing business to Waco, Texas, make significant equipment and facility upgrades to support the production equipment and business to be located on 20.474 acres at Lot 11, Block 6, Texas Central South Addition, and otherwise known as 2101 Texas Central Parkway, Waco, McLennan County, Texas, ( the Facility"), and will create and retain jobs in McLennan County, Texas; and WHEREAS, UNCONDITIONAL LOVE INC. and WMCEDC desire to enter into a Program Project Agreement. NOW, THEREFORE, for the promises and considerations set forth herein, the parties to this Agreement agree as follows: I. WACO McLENNAN COUNTY ECONOMIC DEVELOPMENT CORPORATION ECONOMIC INCENTIVE COMMITMENTS 1. 1 WMCEDC agrees to provide grant funds of an amount not to exceed Two Million, Five Hundred Thousand Dollars ($ 2, 500, 000. 00) ( hereinafter " Incentive Funds") to UNCONDITIONAL LOVE INC. to offset UNCONDITIONAL LOVE INC.' s: 1. 1. 1 Costs to locate its direct- to-consumer, diaper distribution and manufacturing business to Waco, Texas ( the" Project"); 1. 1. 2 Start- up costs, including costs associated with employee recruitment and hiring; and 1. 1. 3 Other costs associated with establishing the Project ( Sections 1. 1. 1 through 1. 1. 3 shall be referred to as" Start Up Costs"). 1. 2 The Incentive Funds will be disbursed directly to UNCONDITIONAL LOVE INC. as follows: 1. 2. 1 WMCEDC will provide a portion of the Incentive Funds, of an amount not to exceed Five Hundred Thousand Dollars ($500,000.00) ( hereafter referred to as " Initial Incentive Fund Payment") upon completion of the requirements in Sections 1. 2. 1. 1 through 1. 2. 1. 4 and as further set out in Section 2: 1. 2. 1. 1 Sublease Execution— UNCONDITIONAL LOVE INC. shall submit proof of an executed sublease agreement for the Facility to WMCEDC. Said sublease shall have an initial lease term of not less than nine ( 9) years; 1. 2. 1. 2 Equipment And Facility Investments- UNCONDITIONAL LOVE INC. shall make a total gross Capital Investment( equal to sales receipts for expenditure of Personal and/ or Real Property Improvements) of no less than Nine Million Dollars ($ 9,000, 000. 00) of the total Thirty One Million Dollars ($ 31, 000, 000. 00) in Personal and/ or Real Property Improvements at the Facility (" Initial Facility Investment"). The Initial Facility Investment will be determined by invoices and payment receipts submitted by UNCONDITIONAL LOVE INC. and verified by WMCEDC; 1. 2. 1. 3 Approval of Occupancy for the Facility — UNCONDITIONAL LOVE INC. will obtain a commercial check and any required trades ( mechanical, electrical, plumbing) permits from the City and pass all final inspections for the trades permits for the Facility for the Business; and 1. 2. 1. 4 Initial Minimum Job Creation - At the Facility, UNCONDITIONAL LOVE INC. shall create, fill, and retain a minimum of 50 of the total 110 new full- time, WMCEDC- eligible jobs to be created by the Project. A " WMCEDC- eligible Job" or " Jobs" means a job that requires full- time year- round employment ( 2080 hours of work per year), with a minimum of forty ( 40) hours of work per week or eighty( 80) hours of work per two weeks, provides a minimum base wage of no less than fifteen dollars ($ 15. 00) per hour, and provides health insurance benefits comparable to that provided by the City or the County to their own employees. 1. 2. 2 The Remainder of the Incentive Funds will be disbursed: 1. 2. 2. 1 Upon completion of the requirements in Section 2; 1. 2. 2. 2 In an amount not to exceed $ 500, 000. 00 per year on the annual anniversary of UNCONDITIONAL LOVE INC.' s compliance with Section 1. 2. 1; and 1. 2. 2. 3 Upon certification by UNCONDITIONAL LOVE INC. that it has met the annual investment and job creation/ retention in the applicable year. 1. 3 PAYMENT: Payment will be made within forty- five ( 45) days of receipt of each draw request from UNCONDITIONAL LOVE INC. for such disbursement subject to verification of compliance with the above requirements. 1. 3. 1 UNCONDITIONAL LOVE INC. will provide invoices, payment receipts, or any other proof of expenditures that the WMCEDC administrator deems necessary to verify PROGRAM PROJECT AGREEMENT/ UNCONDITIONAL LOVE INC. the Initial Facility Investment, Facility Investment, and Start Up Costs. The WMCEDC administrator will be the final determiner of the actual Capital Investment for the Facility Investments and Start Up Costs. " Capital Investment" means the actual costs attributable to the construction or installation of the Personal and/ or Real Property Improvements and related infrastructure, including the actual construction costs of all buildings, site preparation, structures, equipment, infrastructure ( including utility infrastructure), improvements ( including labor and materials), architectural and engineering costs, construction management fees, and permit and inspection fees. It does not include any cost reimbursed by the City of Waco or McLennan County, furniture, fixtures, utilities, offsite improvements, surveying costs, legal costs, commissions, taxes, landscaping, fees of consultants, acquisition costs of land, insurance costs, marketing costs, or any interest paid to finance the Personal and/ or Real Property Improvements. 1. 3. 2 Failure to meet any of the requirements in 1. 1 and 1. 2 will prevent UNCONDITIONAL LOVE INC. from receiving the Incentive Funds. II. UNCONDITIONAL LOVE INC. COMMITMENTS AND RECOVERY OF INCENTIVE FUNDS 2. 1 In exchange for the payment of the Incentive Funds to UNCONDITIONAL LOVE INC. by WMCEDC, UNCONDITIONAL LOVE INC. agrees that it will provide the following economic development to the McLennan County area at its Facility: 2. 1. 1 Sublease Execution — On or before June 30, 2021, UNCONDITIONAL LOVE INC. shall sublease the Facility for an initial lease term of not less than nine ( 9) years. 2. 1. 2 Equipment and Facility Investments — UNCONDITIONAL LOVE INC. shall make a total gross Capital Investment( as defined in Section 1. 3. 1) in Personal and/ or Real Property Improvements at the Facility (" Facility Investment") as follows: 2. 1. 2. 1 On or before December 31, 2021, no less than Twenty- Seven Million Dollars ($ 27,000, 000.00) in Facility Investment which includes the Initial Facility Investment; 2. 1. 2. 2 On or before December 31, 2023, no less than an additional Four Million Dollars ($ 4, 000, 000. 00) in Facility Investment; 2. 1. 2. 3 The Facility Investment shall be determined pursuant to Section 1. 3. 1; 2. 1. 2. 4 The applicable level of Facility Investment shall be maintained at the Facility throughout the Term of the Agreement; and 2. 1. 2. 5 UNCONDITIONAL LOVE INC. and WMCEDC will include in the calculation of UNCONDITIONAL LOVE INC.' s Capital Investment qualifying expenditures made by UNCONDITIONAL LOVE INC. in the year 2020 even if such expenditures were made before the Effective Date of this Agreement so long PROGRAM PROJECT AGREEMENT/ UNCONDITIONAL I. OVE INC. as the expenditures are made after the sublease execution. 2. 1. 3 Job Creation Phase- UNCONDITIONAL LOVE INC. shall create, fill, and retain at least 110 new full- time jobs that are WMCEDC eligible in McLennan County, Texas, as follows: 2. 1. 3. 1 On or before December 31, 2021, at least 75 new full- time jobs, including the Initial Minimum Job Creation; 2. 1. 3. 2 On or before December 31, 2022, at least 25 additional, new full- time jobs; 2. 1. 3. 3 On or before December 31, 2023, at least 10 additional, new full- time jobs; 2. 1. 3. 4 Additionally, on or before December 31, 2023, the average annual wage for the new, full-time jobs shall be no less than $ 40,000.00; 2. 1. 3. 5 WMCEDC and UNCONDITIONAL LOVE INC. agree that as of the Effective Date of this Agreement, UNCONDITIONAL LOVE INC. has Zero ( 0) full-time jobs at the Facility; and 2. 1. 3. 6 UNCONDITIONAL LOVE INC. and WMCEDC will include in the determination of UNCONDITIONAL LOVE INC.' s compliance with this Section 2. 1. 3 all Jobs created and filled by UNCONDITIONAL LOVE INC. in the year 2020 even if such Jobs were created and filled before the Effective Date of this Agreement so long as the Jobs were filled after the sublease execution. 2. 1. 4 Job Retention Phase— Job retention is a basic requirement for all new jobs from the time the Job is created ( i. e. filled for the first time) and throughout the Term of the Agreement. UNCONDITIONAL LOVE INC. shall retain the minimum number of new full- time jobs referred to in Section 2. 1. 3 that are WMCEDC eligible and maintain said jobs in McLennan County, Texas, throughout the Term of this Agreement. 2. 1. 5 Employee Compensation and Benefits - UNCONDITIONAL LOVE INC. shall pay its employees in the newly-created, full- time positions a minimum wage of no less than 15. 00 per hour for all 110 new employees, and on or before December 31, 2023, will provide an overall average wage for all 110 new employees of no less than $ 40, 000.00 per year before benefits. 2. 1. 5. 1 On or before December 31, 2023, UNCONDITIONAL LOVE INC. shall have an annual payroll of at least Four Million, Five Hundred Thousand Dollars 4,500,000.00), excluding benefits, and thereafter shall maintain this level of payroll throughout the Term of the Agreement; and 2. 1. 5. 2 UNCONDITIONAL LOVE INC. also shall provide, at employer expense, health insurance and benefits at a level submitted to and approved by WMCEDC, provided, however, that such health insurance and benefits may be changed so long as they do not fall below a level comparable to those provided by the City and the County to their respective employees at the time of the execution of the Agreement. PROGRAM PROJECT AGREEMENT/ UNCONDITIONAL 4 LOVE INC. 2. 1. 6 Notwithstanding the above, if for temporary periods of time which shall not exceed 90 days per twelve month period, the minimum hours per week for any Job or Jobs falls below 40 hours a week but is equal to or above 35 hours per week, UNCONDITIONAL LOVE INC. will not be in violation of Section 2. 1. 3 or 2. 1. 5 so long as the average minimum wage of all Jobs is no less than $ 17. 50 per hour. 2. 1. 7 Annual Certification of Employment - UNCONDITIONAL LOVE INC. shall provide WMCEDC with an Annual Certification of Employment including an employee roster showing the name or unique identification number, street address including zip code, position, date of hire, and wage of each employee throughout the Term of the Agreement. Such certification will be treated as confidential in accordance with applicable law, subject to the provisions in Section 2. 1. 7. 1, and will be used solely for the purpose of verifying compliance with this Agreement. At each time that UNCONDITIONAL LOVE INC. submits to WMCEDC the yearly employee roster, UNCONDITIONAL LOVE INC. shall also submit to WMCEDC a certification, in the form reasonably required by WMCEDC, that UNCONDITIONAL LOVE INC. meets its obligations under this Agreement, including the employment requirements. After providing prior reasonable notice to UNCONDITIONAL LOVE INC., WMCEDC shall have the right during regular business hours to conduct a personnel audit of UNCONDITIONAL LOVE INC.' s records that are specifically relevant to this Agreement to verify the number of employees hired and their address, position, wage and employee benefits. WMCEDC agrees that it will hold and process all UNCONDITIONAL LOVE INC. employee data it receives or views pursuant to this Agreement in accordance with all applicable United States laws and regulations. If UNCONDITIONAL LOVE INC. fails to provide the above- requested information, it shall be subject to Section 2. 5. 2. 1. 7. 1 Public Information Requests for Information in Annual Certification of Employment. UNCONDITIONAL LOVE INC. acknowledges that the City and the County are subject to the provisions of the Texas Public Information Act as set forth in Chapter 552 of the Texas Government Code. Notwithstanding Section 2. 1. 7, if a public information request is made to the City for any information related to or provided by UNCONDITIONAL LOVE INC., in accordance with the Public Information Act, the City or the County will send a request to the Texas Attorney General for a decision as to whether or not such information may be withheld from disclosure and will release such information if required to do so by Texas or federal law, as interpreted by the Texas Attorney General. The City or the County will notify UNCONDITIONAL LOVE INC. that such public information request has been made within five ( 5) days of receipt of such request so that UNCONDITIONAL LOVE INC. can send any arguments to the Texas Attorney General concerning why the information is confidential and should not be released and so that UNCONDITIONAL LOVE INC. can assert any other rights it may have under law to keep such information from being disclosed. Also, notwithstanding Section 2. 1. 7, if WMCEDC, the City, or the County is required to make disclosure of any information related to or provided by UNCONDITIONAL LOVE INC. pursuant to a court order, subpoena or summons, WMCEDC, the City, or the County shall notify UNCONDITIONAL LOVE INC. to allow PROGRAM PROJECT AGREEMENT/ UNCONDITIONAL LOVE INC. UNCONDITIONAL LOVE INC. to assert whatever exclusions or exemptions may be available to UNCONDITIONAL LOVE INC. under applicable law. UNCONDITIONAL LOVE INC. acknowledges that WMCEDC, the City, and County must comply with such court order, subpoena or summons unless otherwise determined by the applicable court. The provisions of this Section 2. 1. 7. 1 shall survive the termination of this Agreement. 2. 1. 8 Requirements of Occupancy - On or before December 31, 2021, UNCONDITIONAL LOVE INC. shall obtain a commercial check and any required trades mechanical, electrical, plumbing) permits from the City and have passed all final inspections for the trades permits for the Facility for the Business. 2. 1. 9 Establishment of Sales Office - On or before December 31, 2021, UNCONDITIONAL LOVE INC. shall establish a sales office, i. e. its place of business, at the Facility that meets the Texas Comptroller of Public Accounts' requirements for sales tax collection with Waco, Texas, as the point of origin or source for sales tax. 2. 1. 10 Facility Remain Open and Operational - UNCONDITIONAL LOVE INC. shall maintain the Facility at the Property as open and operational through the Term of the Agreement. 2. 2 TEMPORARY FAILURE TO MEET " WMCEDC ELIGIBLE" JOB RETENTION In the event that permanent employment at the Facility falls below 70%, WMCEDC may terminate this Agreement pursuant to Section 2. 7, and UNCONDITIONAL LOVE INC. shall make a repayment of the Incentive Funds as set forth in Section 2. 5. 1. If the failure to maintain a permanent employment rate of 70% is due to normal attrition, that event will not be used as a basis for terminating this Agreement unless UNCONDITIONAL LOVE INC. does not reasonably attempt to fill the vacant positions through its normal hiring processes. UNCONDITIONAL LOVE INC. will provide documentation reasonably required by WMCEDC to verify UNCONDITIONAL LOVE INC.' s reasonable attempt to fill those vacant positions. In the event that permanent employment at the Facility falls below 100%, but remains greater than 70%, UNCONDITIONAL LOVE INC. shall reimburse WMCEDC proportionally based on the percentage of non- compliance on the annual payment of Incentive Funds. For instance, after December 31, 2023, UNCONDITIONAL LOVE INC. is required to retain 110 " WMCEDC- eligible" Jobs. If during that period, permanent employment at the Facility falls below 70%, or 77 full- time positions, then WMCEDC may terminate this Agreement. If during that period, permanent employment at the Facility is at 70%, then UNCONDITIONAL LOVE INC. shall reimburse WMCEDC 30% of the $ 500, 000. 00 payment which is $ 150, 000. 00. 2. 3 RESIDENCY REQUIREMENT — Except as set forth in Section 2. 3. 1 below, at least eighty percent ( 80%) of the employees who fill the WMCEDC Eligible Jobs at the Facility must reside in McLennan County and at least forty percent ( 40%) of those New Full- Time employees must reside in the City of Waco. 2. 3. 1 During the first two years of the Term of this Agreement, at least seventy percent 70%) ofthe employees who fill the WMCEDC Eligible Jobs at the Facility must reside in PROGRAM PROJECT AGREEMENT/ UNCONDITIONAL LOVE INC. McLennan County. During the first two years of the Term of this Agreement, UNCONDITIONAL LOVE INC. may fill the remaining 10% of WMCEDC Eligible Jobs to reach of total of eighty ( 80%)) with individuals who live within a 100- mile radius of the Facility. 2.4 COMPLIANCE THROUGH THE END OF AGREEMENT TERM - If UNCONDITIONAL LOVE INC. satisfies its obligations under this Agreement for the periods set forth above, UNCONDITIONAL LOVE INC. shall have no obligation to repay any portion of the Incentive Funds. 2. 5 PENALTY PROVISIONS — If UNCONDITIONAL LOVE INC. fails to certify its compliance and/ or fails to comply with the Facility Investment requirement, UNCONDITIONAL LOVE INC. shall reimburse WMCEDC proportionally based on the percentage of non- compliance on the annual payment of Incentive Funds. Such reimbursement will be required only after WMCEDC has provided notice to UNCONDITIONAL LOVE INC. and an opportunity to cure as set forth in Section 2. 6. For instance, on or before December 31, 2023, UNCONDITIONAL LOVE INC. is required to cause to be invested no less than$ 31, 000, 000. 00 in Facility Investment and maintain that amount through the Term of the Agreement. If after December 31, 2023, UNCONDITIONAL LOVE INC. had invested or maintained only $ 24, 800,000.00 in Facility Investment, then UNCONDITIONAL LOVE INC. shall reimburse WMCEDC 20% of the 500, 000. 00.00 payment which is$ 100, 000. 00 for any applicable year of non- compliance. 2. 5. 1 If UNCONDITIONAL LOVE INC. fails to certify its compliance and/ or fails to comply with any other provisions of the terms of this Agreement, WMCEDC may cancel and/ or modify this Agreement following WMCEDC' S written notice to UNCONDITIONAL LOVE INC. of UNCONDITIONAL LOVE INC.' s deficiencies. In the event that the WMCEDC terminates this Agreement pursuant to this Section, UNCONDITIONAL LOVE INC. shall make a repayment of all of the Incentive Funds actually received, capped at an amount equal to all Incentive Grant funds paid by WMCEDC to UNCONDITIONAL LOVE INC. for the three ( 3) years prior to the year in which the repayment is due. Such reimbursement will be required only after WMCEDC has provided notice to UNCONDITIONAL LOVE INC. and an opportunity to cure as set forth in Section 2. 6. 2. 6 CURE PERIOD FOR NONCOMPLIANCE- Before any failure of any Party to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement such that another Party' s remedies are available, the Party claiming such failure shall notify, in writing, the Party alleged to have failed to perform of the alleged failure and shall demand performance. No breach of this Agreement may be found to have occurred if such breach has been cured within ninety ( 90) days following the receipt of such notice ( the" Cure Period"). 2. 6. 1 During any cure period, UNCONDITIONAL LOVE INC. shall not be entitled to receive any Incentive Funds. If UNCONDITIONAL LOVE INC. cures the default, UNCONDITIONAL LOVE, INC. is entitled to full payment of any Incentive Funds which were not paid during the Cure Period. 2. 6. 2 If UNCONDITIONAL LOVE INC. fails to perform its obligations within the Cure PROGRAM PROJECT AGREEMENT/ UNCONDITIONAL LOVE INC. Period and repayment of Incentive Funds is required, then UNCONDITIONAL LOVE INC. shall make repayment to the WMCEDC within 30 days of the end of the Cure Period without further notice from WMCEDC. 2. 7 TERMINATION. This Agreement terminates on the date set forth in Section 4. 1, and may, prior to such date, be terminated upon any one or more of the following: 2. 7. 1 by mutual written agreement of the Parties; 2. 7. 2 upon written notice by WMCEDC, if UNCONDITIONAL LOVE INC. fails to comply with its obligations under this Agreement and such failure( s) is not cured in accordance with Section 2. 6; 2. 7. 3 as detailed in Sections 2. 2, 2. 5, 4.3 and 4. 4; 2. 7.4 upon written notice by the WMCEDC, if any payment owed to the City by UNCONDITIONAL LOVE INC. becomes delinquent ( provided, however, UNCONDITIONAL LOVE INC. retains the right to timely and properly protest and contest any such payment of taxes as provided in this Agreement); 2. 7. 5 upon written notice by WMCEDC, if UNCONDITIONAL LOVE INC. suffers an event of bankruptcy or insolvency; or 2. 7. 6 upon written notice by UNCONDITIONAL LOVE INC. or WMCEDC, if any subsequent federal or state legislation or any decision of a court of competent jurisdiction declares or renders this Agreement invalid, illegal, or unenforceable. HI. APPRAISAL DISPUTES 3. 1 APPRAISAL DISPUTES: Subject to Section 3. 2, UNCONDITIONAL LOVE INC. shall have the right to protest and/ or contest any assessment by the McLennan County Appraisal District MCAD") of the Personal and/ or Real Property Improvements required by this Agreement. 3. 2 PROPERTY IMPROVEMENTS VALUATION: UNCONDITIONAL LOVE INC. agrees that after completion and installation of the Personal and/ or Real Property Improvements required by this Agreement, UNCONDITIONAL LOVE INC. will report the fair market value of the Personal and/ or Real Property Improvements, to MCAD at a valuation of not less than the values listed in Section 2. 1. 2. If during the Term of this Agreement an appraisal dispute initiated by UNCONDITIONAL LOVE INC. or an agent of UNCONDITIONAL LOVE INC. results in the reduction of the appraised value of the personal property improvements to an amount below the values listed in Section 2. 1. 2, less depreciation, then the total amount of the WMCEDC Incentive Funds shall be proportionally reduced. For example, if UNCONDITIONAL LOVE INC. or an agent of UNCONDITIONAL LOVE INC., initiates an appraisal dispute that results in a personal property improvements appraisal value of$27, 900, 000. 00( 90% of the estimated personal property fair market value as represented by UNCONDITIONAL LOVE INC.), less depreciation, then UNCONDITIONAL LOVE INC. will only be eligible for 90% of the WMCEDC Incentive Funds provided for in this Agreement. In that event, then within sixty ( 60) days written demand PROGRAM PROJECT AGREEMENT/ UNCONDITIONAL LOVE INC. from WMCEDC, UNCONDITIONAL LOVE INC. shall repay the portion of the WMCEDC Incentive Funds for which it is no longer eligible. This provision will remain in effect even if the appraisal dispute of the property is initiated by a subsequent third- party purchaser. IV. MISCELLANEOUS 4. 1 TERM. This Agreement shall be effective from the Effective Date until December 31, 2027. 4. 2 REMEDIES. UNCONDITIONAL LOVE INC., WMCEDC or the City and/ or County as its assignees, shall have all remedies provided by law or in equity to recover the Incentive Funds. Further, WMCEDC, or the City and/ or County shall be entitled to recover all reasonable and necessary attorneys' fees and costs incurred in connection therewith. 4. 3 FORCE MAJEURE - Any delay in the performance of any of the duties or obligations of either party hereunder ( the " Delayed Party") shall not be considered a breach of this Agreement and the time required for performance shall be extended for a period equal to the period of such delay, provided that such delay has been caused by or is the result of any acts of God; acts of the public enemy; insurrections; riots; embargoes; fires; explosions; floods; other natural disasters; changes in laws governing international trade; or other unforeseeable causes beyond the control and without the fault or negligence of the Delayed Party, but under no circumstances will the current COVID- 19 pandemic constitute a " Force Majeure." The Delayed Party shall provide written notice of the Force Majeure Event within fifteen ( 15) business days of its discovery. The written notice shall include a description of the event of Force Majeure and to the extent then known by the Delayed Party, the nature and estimated duration of the suspension period, and the extent to which Delayed Party will be unable to fulfill its obligations under this Agreement. The Delayed Party shall use reasonable diligence to minimize damages and resume performance. If an event of Force Majeure is anticipated to continue for longer than 90 days, the Delayed Party shall, within such 90- day period, provide notice thereof to other party along with its plan for minimizing such delay. If a Force Majeure continues for longer than 270 days, either party may terminate this Agreement upon written notice of termination to the other party and without providing a Cure Period to the other party. 4. 4 COVID- I9 PANDEMIC. The parties acknowledge that as of the date of this Agreement, the world is experiencing a pandemic of the Coronavirus C' COVID- 19 Pandemic"). Notwithstanding anything to the contrary contained in this Agreement, if either party is prevented or delayed from performing any act or discharging any obligation under this Agreement due to proclamations, orders, regulations, restrictions and mandated closures of the federal, State, or local government arising out of the COVID- 19 Pandemic ( including, but not limited to, governmental emergency orders, governmental health orders, governmental executive orders, or governmental emergency directives), then performance of the act shall be excused for the period of the delay, and the period for performance of the act shall be extended for a period equivalent to the period of delay. The Delayed Party shall provide written notice of the delay within fifteen ( 15) business days of its discovery. If the delay caused by COVID- 19 Pandemic PROGRAM PROJECT AGREEMENT/ UNCONDITIONAL LOVE INC. continues for longer than 180 days, either party may terminate this Agreement upon written notice of termination to the other party and without providing a Cure Period to the other party. 4. 3 VENUE. Texas law shall govern interpretation of this Agreement and all disputes hereunder. This Agreement is to be performed in McLennan County, Texas, and venue of any dispute between the parties shall be fixed in a court ofcompetent jurisdiction in McLennan County, Texas. 4. 4 SIGNATURE AUTHORITY. The persons executing this Agreement are authorized to sign this Agreement on behalf of the party for which they sign, and have the express power to bind the parties for which they sign. 4. 5 NOTICE. Notices or correspondence under this Agreement to either party from the other may be personally delivered or sent by First Class Mail, or other reliable courier. Notice to the WMCEDC shall be sent to: WMCEDC Administrator c/ o Greater Waco Chamber of Commerce P. O. Box 1220 Waco, Texas 76703 Notice to UNCONDITIONAL LOVE INC. shall be sent to: UNCONDITIONAL LOVE INC. Attention: Sean Kane, Co- CEO 17383 Sunset Blvd, Suite B200 Pacific Palisades, CA 90272 310) 770- 5263 sean2launched.la With a copy to: Chatham Law Group Attention: Christopher Chatham, Esq. 2046 Hillhurst Ave. Los Angeles, CA 90027 chris@chathamfirm. com 4. 6 WAIVER. No waiver by either party ofany provision of this Agreement shall be effective unless in writing and such waiver shall not be construed as or implied to be a subsequent waiver of that provision or any other provision. 4. 7 ASSIGNMENT. WMCEDC may assign its rights and responsibilities under this Agreement to one or more of its funding entities. The funding entity that is assigned the rights and responsibilities under this Agreement must assume all obligations hereunder. UNCONDITIONAL LOVE INC. may not assign this Agreement without the prior written approval of WMCEDC and its funding entities, which approval shall not unreasonably be PROGRAM PROJECT AGREEMENT/ UNCONDITIONAL LOVE INC. withheld. 4. 8 AGREEMENT AND BINDING AUTHORITY. This Agreement supersedes and constitutes a merger of all prior oral and/ or written agreements and understandings of the parties on the subject matter of this Agreement and is binding on the parties and their legal representatives, receivers, executors, successors, agents and assigns. 4. 9 AMENDMENTS. This agreement can be supplemented and/ or amended only by a dated written document executed by both parties. 4. 10 ARTICLE AND SECTION HEADINGS. The Article and Section headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provision of this Agreement. 4. 11 PARTIAL INVALIDITY. If any term, provision, covenant, or condition of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 4. 12 SEVERABILITY. If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect. 4. 13 COUNTERPARTS; FACSIMILE SIGNATURES. This Agreement may be executed in any number of and by different parties hereto on separate counterparts, all of which, when so executed, shall be deemed an original, but all such counterparts shall constitute one and the same agreement. Any signature delivered by a party by facsimile or electronic transmission ( including email transmission of a PDF image) shall be deemed to be an original signature hereto. 4. 14 APPROVAL OF RELATED AGREEMENTS. This Agreement is subject to the County' s approval of the Industrial Business Grant Agreement between McLennan County and UNCONDITIONAL LOVE INC. and the City of Waco' s approval of the Business Grant Agreement between UNCONDITIONAL LOVE INC. and the City of Waco. If either of the agreements is not approved by the respective governing body, this Agreement will become null and void and WMCEDC and UNCONDITIONAL LOVE INC. will have no further obligations under this Agreement. Signatures on next page] PROGRAM PROJECT AGREEMENT/ UNCONDITIONAL LOVE INC. EXECUTED this 22 day of December , 2020. UNCONDITIONAL LOVE INC. N By: 44. Sean Kane, Co- CEO ATTEST: By: WACO MCLENNAN COUNTY ECOflVELOPPMENT OR N By: Scott M. Felton, President ATTEST: OF WACO.`- By: Aka Aka Pi William L. Clifton, Jr 1/ CITY OF WAf ATTEST : PS By: By: ii.. ' r. w1 Bradley Ford Esmeralda Hudson City Manager City Secretary McLENNAN COUNTY ATTEST: By: 149•L ) an By h-lonorable Scott MM/ Felton J . " A dy' arwel County Judge 12A Ve0 County Clerk APPROVED S TO FORM & LEGALITY: By: Jennife Richie City A mey, City of Waco J.A.' A.NDY' HARWELI. County Clerk PROGRAM PROJECT AGREEMENTIUNCONDITIONAL Melennan Count',Texas 12 LOVE INC. FILED: FEB i 6 2021 By Myrcetez Gowan- Perkins, Deputy Recording of Authorization of Program Project Agreement with Envases Commerce, LLC and IZ Texas, LLC Approved by Order on December 1, 2020 and recorded on Page 440 of these minutes. ACCEPTED BY COMMISS ONERS COURT r- -__„,,, lT THI DAY OF pB aoao - Sri' I;- o/ 02o PROGRAM PROJECT AGREEMENT AMONG WACO McLENNAN COUNTY ECONOMIC DEVELOPMENT CORPORATION, ENVASES COMMERCE, LLC, AND IZ TEXAS, LLC THIS PROGRAM PROJECT AGREEMENT (the " Agreement") is entered into effective as of the 11 day of January, 2021 ( the " Effective Date") by and among ENVASES COMMERCE, LLC, a Delaware limited liability company(" ENVASES"), IZ TEXAS, LLC, a Texas limited liability company ( hereinafter " IZ"), and the WACO McLENNAN COUNTY ECONOMIC DEVELOPMENT CORPORATION, a Texas non- profit corporation WMCEDC"). RECITALS: WHEREAS, WMCEDC is the administrator of the economic development program established by the City of Waco, Texas( the" City") and McLennan County, Texas ( the " County", and together with the City, the " funding entities") to provide incentives to new or expanding businesses in the City of Waco and McLennan County, Texas; and WHEREAS, in consideration of said incentives, ENVASES and IZ ( collectively, the Companies") will make, or cause to make, significant real and personal property investments in an aluminum beverage packaging manufacturing facility ( the " Facility") to be built at approximately 60. 9 acres, located along Wycon Drive, Waco, Texas and bordered ( on one side) by the Union Pacific Railroad ( the " Land"), and will create and retain jobs in McLennan County, Texas; and WHEREAS. IZ will own the Land and the Facility, and ENVASES will own the business personal property and serve as the employer for the jobs created at the Facility; and WHEREAS, Companies and WMCEDC desire to enter into this Program Project Agreement, NOW, THEREFORE, for the promises and considerations set forth herein, the parties to this Agreement agree as follows: I. WACO McLENNAN COUNTY ECONOMIC DEVELOPMENT CORPORATION ECONOMIC INCENTIVE COMMITMENTS 1. 1 WMCEDC agrees to provide grant funds of an amount not to exceed Four Million S4,000,000.00)( hereinafter" Incentive Funds") to Companies to offset: 1. 1. 1 Land Acquisition Costs; 1. 1. 2 Costs of infrastructure improvements and extensions to the Land and Facility; and 1. 1. 3 Job creation costs. 1. 2 The Incentive Funds will be disbursed as follows: 1. 2. 1 WMCEDC will provide a portion of the Incentive Funds, of an amount equal to Two Million Dollars ($2,000,000.00) ( the " Initial Incentive Fund Payment") to IZ upon IZ delivering proof of purchasing the Land; 1. 2. 1. 1 IZ must acquire the Land no later than April 19, 2021, as evidenced by a copy of a file-stamped deed provided to the WMCEDC administrator; 1. 2. 1. 2 The Initial Incentive Fund Payment will be a lump sum payment to reimburse a portion of the purchase price of the Land, proof of which shall be provided to the WMCEDC administrator; 1. 2. 2 WMCEDC will provide the remaining portion of the Incentive Funds in an amount not to exceed Two Million Dollars ($ 2, 000, 000. 00) ( the " Remainder Incentive Fund Payment") upon receipt of a certificate of occupancy for the Facility and compliance with Sections 2. 1. 2 and 2. 1. 3: 1. 2. 2. 1 The Remainder Incentive Fund Payment is to reimburse IZ for infrastructure investment on the Land; and 1. 2. 2. 2 Should the infrastructure investment on the Land be less than 2, 000, 000.00, WMCEDC will provide the difference between infrastructure costs and the Remainder Incentive Fund Payment to ENVASES, upon compliance with Section 2. 1. 6 upon proof of other reimbursable costs listed in Section I. I. 1. 3 PAYMENT: Each payment of the Incentive Funds will be made within forty- five 45) days of receipt of each draw request for such disbursement, subject to verification of compliance with the above requirements. 1. 3. 1 The Companies will provide invoices, payment receipts, or any other proof of expenditures that the WMCEDC administrator deems necessary to verify the reimbursable costs listed in Section 1. 1. The WMCEDC administrator will be the final determiner of the actual costs/ grant- eligible costs. 1. 3. 2 Failure to meet any of the requirements in Sections 1. 1 and 1. 2 will prevent the Companies from receiving any Incentive Funds. 1. 3. 3 In no event shall the amount of the Incentive Funds paid to the Companies under this Agreement exceed $ 4,000,000.00; in other words, IZ and ENVASES shall collectively receive no more than $ 4,000, 000. 00 under this Agreement. II. COMPANIES COMMITMENTS AND RECOVERY OF INCENTIVE FUNDS 2. 1 In exchange for the payment of the Incentive Funds to the Companies by WMCEDC, the Companies agree that they will provide the following economic development to the McLennan County area at the Facility: Program Project Agreement/ Envases Commerce, LLC and IZ Texas, LLC 2. 1. 1 Land Ownership and Lease— On or before April 19, 2021, IZ shall close on the purchase of the Land and retain ownership of the Land throughout the Term of the Agreement. On or before April 19, 2021, ENVASES shall submit proof of an executed lease agreement for the Facility to WMCEDC; said lease shall have an initial lease term of not less than ten ( 10) years; 2. 1. 2 Facility Investment — 1Z shall cause to be made real property improvements ( including: i. the actual costs attributable to the construction or installation of the Real Property improvements and related infrastructure, including the actual construction costs of all buildings, site preparation, structures, and, infrastructure; ii. architectural and engineering costs, construction management fees, and permit and inspection fees, and iii. land acquisition costs) at the Facility on the Land (" Facility Investment") as follows: 2. 1. 2. 1 Construction of the Facility must begin on or before May 31, 2021; 2. 1. 2. 2 On or before December I, 2021, no less than Thirty-Five Million Dollars ( S35, 000, 000. 00) in Facility Investment; 2. 1. 2. 3 The Facility Investment shall be determined pursuant to Section 1. 3. 1; 2. 1. 2. 4 The applicable level of Facility Investment shall be maintained at the Facility throughout the Term of the Agreement ( subject to depreciation of the initial Facility Investment, including amortization of the architectural and engineering costs, construction management fees, and permit and inspection fees); and 2. 1. 3 Certificate of Occupancy— IZ or ENVASES shall obtain a certificate of occupancy for an aluminum beverage packaging manufacturing use at the Facility which shall be at a minimum 450, 000 square feet on or before December 1, 2021; and 2. 1. 4 Equipment and Personal Property Installation— ENVASES shall cause to be invested personal property improvements at the Facility(" Personal Property Investment") as follows: 2. 1. 4. 1 On or before March 1, 2022, no less than Sixty- Five Million Dollars($ 65, 000, 000. 00) in personal property improvements including machinery and equipment, which shall exclude furniture and fixtures; 2. 1. 4. 2 The Personal Property Investment shall be determined pursuant to Section 1. 3. 1; 2. 1. 4. 3 The applicable level of Personal Property Investment shall be maintained at the Facility throughout the Term of the Agreement ( subject to depreciation of the initial Personal Property Investment and amortization of the architectural and engineering costs, construction management fees, and permit and inspection fees); and 2. 1. 5 Facility Remain Open and Operational— The Facility shall be operational Program Project Agreement/ Envases Commerce, LLC and IZ Texas, LLC as an aluminum beverage packaging manufacturing plant on or before March 1, 2022. Thereafter, the Companies shall maintain the Facility at the Land as open and operational through the Term of the Agreement; and 2. 1. 6 Job Creation Phase - ENVASES shall create, fill, and retain at least 121 new, full- time jobs that are WMCEDC eligible in McLennan County, Texas, as follows: 2. 1. 6. 1 A " WMCEDC- eligible Job" or" Job" means a job that requires full- time year- round employment ( 2080 hours of work per year), with a minimum of forty ( 40) hours of work per week or eighty ( 80) hours of work per two weeks, provides health insurance benefits comparable to that provided by the City or the County to their own employees, which includes ENVASES paying for a majority of the health insurance premium and provides a minimum base wage as follows: 2. 1. 6. 1. 1 No less than fifteen dollars ($ 15. 00) per hour for at least 113 of the Jobs; 2. 1. 6. 1. 2 No less than twelve dollars ($ 12. 00) per hour for the remainder of the Jobs. 2. 1. 6. 2 On or before December 31, 2021, ENVASES shall create, fill, and retain at least 61 new WMCEDC- eligible Jobs; 2. 1. 6. 3 On or before December 31, 2022, ENVASES shall create, fill, and retain at least 60 additional Jobs for a total of 121 WMCEDC- eligible Jobs; 2. 1. 6.4 WMCEDC and ENVASES agree that as of the execution date of this Agreement, ENVASES has Zero ( 0) full- time jobs in McLennan County; 2. 1. 6. 5 WMCEDC and IZ agree that as of the execution date of this Agreement, IZ has Zero( 0) full- time jobs in McLennan County; and 2. 1. 7 Job Retention Phase — Job retention is a basic requirement for all new, WMCEDC- eligible Jobs from the time the job is created ( i. e. filled for the first time) and throughout the Term of the Agreement. ENVASES shall retain the minimum number of WMCEDC- eligible Jobs referred to in Section 2. 1. 6 and maintain said Jobs in McLennan County, Texas, throughout the Term of this Agreement; and 2. 1. 8 Employee Compensation and Benefits - ENVASES shall pay its employees in the newly- created, full- time Jobs a minimum wage of no less than $ 15. 00 per hour for at least 113 of the Jobs and no less than $ 12. 00 for the remainder of the Jobs. 2. 1. 8. 1 On or after December 31, 2022, ENVASES shall provide an overall average wage of no less than $44, 500. 00 per year for the WMCEDC- eligible Jobs, and thereafter shall maintain this average wage throughout the Term of the Agreement; 2. 1. 8. 2 On or before December 31, 2022, ENVASES shall have an average Program Project Agreement/ Envases Commerce, LLC and IZ Texas, LLC wage of at least $ 17. 50 per hour across all jobs at the Facility, including the 121 WMCEDC- eligible Jobs created pursuant to this Agreement, and thereafter shall maintain this average wage throughout the Term of the Agreement; and 2. 1. 8. 3 ENVASES also shall provide, at employer expense, health insurance and benefits at a level submitted to and approved by WMCEDC, provided, however, that such health insurance and benefits may be changed so long as they do not fall below a level comparable to those provided by the City and the County to their respective employees at the time of the execution of the Agreement; and 2. 1. 9 Annual Certification of Employment - ENVASES shall provide WMCEDC with an Annual Certification of Employment including an employee roster showing the name or unique identification number, street address including zip code, position, date of hire, and wage of each employee throughout the term of the Agreement. Such certification will be treated as confidential in accordance with applicable law, subject to the provisions in Section 2. 1. 9. 1, and will be used solely for the purpose of verifying compliance with this Agreement. At each time that ENVASES submits to WMCEDC the yearly employee roster, ENVASES shall also submit to WMCEDC a certification, in the form reasonably required by WMCEDC, that ENVASES meets its obligations under this Agreement, including the employment requirements. After providing prior reasonable notice to ENVASES, which may not be less than three Business Days( as such term is defined below), WMCEDC shall have the right during regular business hours to conduct a personnel audit of ENVASES' records that are specifically relevant to this Agreement to verify the number of employees hired and their address, position, wage and employee benefits. WMCEDC agrees that it will hold and process all ENVASES employee data it receives or views pursuant to this Agreement in accordance with all applicable United States laws and regulations. If ENVASES fails to provide the above-requested information, it shall be subject to Section 2. 5. Business Day" means any day other than a Saturday or Sunday or any other day on which commercial banks in Waco, Texas are closed or authorized to remain closed for the transaction of normal banking business. 2. 1. 9. 1 Public Information Requests for Information in Annual Certification of Employment. Companies acknowledge that the City and the County are subject to the provisions of the Texas Public Information Act as set forth in Chapter 552 of the Texas Government Code. Notwithstanding Section 2. 1. 9, if a public information request is made to the City for information contained in an Annual Certification of Employment provided by ENVASES, in accordance with the Public Information Act, the City, or the County will send a request to the Texas Attorney General for a decision as to whether or not such information may be withheld from disclosure and will release such information if required to do so by Texas or federal law, as interpreted by the Texas Attorney General. The City or the County will notify ENVASES that such public information request has been made so that ENVASES can send any arguments to the Texas Attorney General concerning why the information is confidential and should not be released and so that ENVASES can assert any other rights it may have under law to keep such information from being disclosed. Also, notwithstanding Section 2. 1. 9, if WMCEDC, the City, or the County is required to make disclosure of information contained in an Annual Certification of Employment provided by ENVASES pursuant to a court order, subpoena or summons, WMCEDC, the City, or Program Project Agreement/ Envases Commerce, LLC and IZ Texas. LLC the County shall notify ENVASES to allow ENVASES to assert whatever exclusions or exemptions may be available to ENVASES under applicable law. ENVASES acknowledges that WMCEDC, the City, and County must comply with such court order, subpoena or summons unless otherwise determined by the applicable court. The provisions of this Section 2. 1. 9. 1 shall survive the termination of this Agreement. 2. 2 RESIDENCY REQUIREMENT— Except as set forth in Section 2. 2. 1 below, at least eighty percent ( 80%) of the employees who fill the WMCEDC Eligible Jobs must reside in McLennan County and at least Forty percent ( 40%) of those New Full- Time employees must reside in the City of Waco. 2. 2. 1 During the first two years of the Term of this Agreement, at least seventy percent 70%) of the employees who fill the WMCEDC Eligible Jobs at the Facility must reside in McLennan County. During the first two years of the Term of this Agreement, ENVASES may fill the remaining 10% of WMCEDC Eligible Jobs( to reach of total of eighty ( 80%)) with individuals who live within a 100- mile radius of the Facility. 2. 3 TEMPORARY FAILURE TO MEET " WMCEDC ELIGIBLE" JOB RETENTION — In the event that permanent employment at the Facility falls below 80%, WMCEDC may terminate this Agreement pursuant to this Section 2. 3, and Companies shall make a repayment of all of the Incentive Funds actually received upon sixty ( 60) days written demand by WMCEDC. If the failure to maintain a permanent employment rate of 80%, is due to normal attrition, that event will not be used as a basis for terminating this Agreement unless ENVASES does not reasonably attempt to fill the vacant positions through its normal hiring processes. ENVASES will provide documentation reasonably required by WMCEDC to verify ENVASES' s reasonable attempt to fill those vacant positions. In the event that permanent employment at the Facility falls below 100%, but remains equal to or greater than 80%, Companies shall reimburse WMCEDC proportionally based on the percentage of non- compliance as is determined at the annual performance review. For instance, after December 31, 2021, ENVASES is required to create and retain 61 WMCEDC- eligible Jobs. If during that period, permanent employment at the Facility falls below 80%, or48 full- time positions, then WMCEDC may terminate this Agreement. If during that period, permanent employment at the Facility is at 80%, then ENVASES shall reimburse WMCEDC 20% of the Incentive Funds paid to either ENVASES or IZ. 2. 4 COMPLIANCE THROUGH THE END OF AGREEMENT TERM - If COMPANIES satisfy their obligations under this Agreement for the periods set forth above, COMPANIES shall have no obligation to repay any portion of the Incentive Funds. 2. 5 PENALTY PROVISIONS AND RECAPTURE — If Companies fail to comply with the following levels of Facility Investment as outlined in 2. 1. 2. or Personal Property Investment requirements as outlined in Section 2. 1. 4, the following shall occur: 2. 5. 1 If Companies fail to comply by less than 5% due to savings in construction costs but at full construction of the Facility Investment and installation of the Personal Property Program Project Agreement/ Envases Commerce, 6 LLC and IZ Texas, LLC Improvements, then there will be no loss of Incentive Funds as long as all other provisions of the Agreement are met; 2. 5. 2 If Companies fail to comply by more than 5% but maintain the Facility Investment and the Personal Property Investment at 80% of the requirement, Companies shall reimburse WMCEDC proportionally based on the percentage of non- compliance on an annual basis. For instance, on or before March 1, 2022, ENVASES is required to cause to be invested no less than 90% of $65, 000, 000. 00 in Personal Property Investment and maintain that amount through the Term of the Agreement. If by March I, 2022, EN VASES had invested only $ 52, 000, 000. 00 in Personal Property Investment, then Companies shall reimburse WMCEDC 20% of the $ 4, 000, 000. 00 Incentive Fund payment which would be 800, 000. 00 if no other claw back had been exercised at that time. 2. 5. 3 If however, ENVASES had invested less than 80% of the Personal Property Investment on or before March 1, 2022, then WMCEDC may terminate this Agreement, and Companies shall make a repayment of all of the Incentive Funds actually received upon sixty( 60) days written demand by WMCEDC. 2. 5. 1 If Companies fail to certify their compliance and/ or fail to comply with any other provisions of this Agreement, except as is provided in Section 2. 3, WMCEDC may cancel and/ or modify this Agreement following WMCEDC' S written notice to Companies of Companies' deficiencies. In the event that the WMCEDC terminates this Agreement pursuant to this Section, Companies shall make a repayment of all of the Incentive Funds actually received upon sixty ( 60) days written demand by WMCEDC. 2. 5. 2 ENVASES and IZ are co-obligors, such that each company is liable for compliance with each and every provision of the Agreement. Should there be a breach of or non- compliance with this Agreement and should WMCEDC seek to recapture Incentive Funds, ENVASES and IZ, each, are liable for repayment of all Incentive Funds paid by WMCEDC, regardless of which company actually received the funds or which company caused the breach or non- compliance. III. APPRAISAL DISPUTES 3. 1 APPRAISAL DISPUTES: Subject to Section 3. 2, the Companies shall have the right to protest and/ or contest any assessment by the McLennan County Appraisal District MCAD") of the Land, the Personal Property Improvements and/ or Real Property Improvements required by this Agreement. 3. 2 PERSONAL PROPERTY IMPROVEMENTS AND REAL PROPERTY IMPROVEMENTS VALUATION: The Companies agree that after completion and installation of the Personal Property Improvements and/or Real Property Improvements required by this Agreement, ENVASES will report the fair market value of those improvements to MCAD at a valuation of not less than the values listed in Section 2. 1. 2 for the Real Property Improvements Program Project Agreement/ Envases Commerce, LLC and IZ Texas. LLC and Section 2. 1. 4 for the Personal Property Improvements for the Term of the Agreement. If during the Term of this Agreement an appraisal dispute initiated by Companies or an agent of Companies results in the reduction of the appraised value to an amount below the values listed values listed in Section 2. 1. 2 for the Real Property Improvements and Section 2. 1. 4 for the Personal Property Improvements, less depreciation, including amortization of the architectural and engineering costs, construction management fees, and permit and inspection fees, then the total amount of the WMCEDC Incentive Funds shall be proportionally reduced. For example, if COMPANIES or an agent of COMPANIES initiates an appraisal dispute that results in a Personal Property Improvements appraisal value of$ 58, 500,000. 00( 90% of the estimated personal property fair market value as represented by COMPANIES), less depreciation, then COMPANIES will only be eligible for 90% of the WMCEDC Incentive Funds provided for in this Agreement. In that event, then within sixty ( 60) days written demand from WMCEDC, COMPANIES shall repay the portion of the WMCEDC Incentive Funds for which it is no longer eligible. This provision will remain in effect even if the appraisal dispute ofthe property is initiated by a subsequent third party purchaser. 4. MISCELLANEOUS 4. 1 TERM. This Agreement shall be effective from Effective Date until December 31, 2026 ( the" Term"). 4. 2 REMEDIES. Companies, WMCEDC or the City and/or County as its assignees, shall have all remedies provided by law or in equity to recover the Incentive Funds. Further, WMCEDC, or the City and/ or County shall be entitled to recover all reasonable and necessary attorneys' fees and costs incurred in connection therewith. 4. 3 GOVERNING LAW; VENUE. This Agreement, including all matters of construction, validity, performance and the rights and obligations of the parties hereunder, will be governed by and construed in accordance with the laws of the state of Texas. This Agreement is to be performed in McLennan County, Texas, and venue of any dispute between the parties shall be fixed in a court of competent jurisdiction in McLennan County, Texas. 4. 4 SIGNATURE AUTHORITY. The persons executing this Agreement are authorized to sign this Agreement on behalf of the party for which they sign, and have the express power to bind the parties for which they sign. 4. 5 NOTICE. All notices and other communications required to be given under this Agreement will be in writing; addressed to the applicable party' s address indicated below( or such other address or addresses as any party may subsequently instruct the other in writing; and deemed given ( a) three ( 3) Business Days after deposit in the United States mail, certified or registered return receipt requested); ( b) upon receipt when delivered by personal delivery or a nationally recognized overnight courier service, or if receipt is refused, on the date when so refused; or ( c) when receipt is confirmed in writing by the intended recipient when delivered by electronic mail if sent on a Business Day, otherwise on the next Business Day; provided however, that any notice sent via electronic mail will also be sent either through the United States mail or personal delivery: Program Project Agreement/ Envases Commerce, LLC and IZ Texas, LLC Notice to WMCEDC shall be sent to: WMCEDC Administrator c/ o Greater Waco Chamber of Commerce P. O. Box 1220 Waco, Texas 76703 Notice to Companies shall be sent to: Envases Commerce, LLC Attn.: Francisco Javier Pietrini Zapata 7600 Chevy Chase Dr., Bldg. 2, Ste. 300 Austin, TX 78752- 1599 52 55 83 11 65 00 Ext. 85650 [email protected] 4. 6 WAIVER. No waiver by any party of any provision of this Agreement shall be effective unless in writing and such waiver shall not be construed as or implied to be a subsequent waiver of that provision or any other provision. 4. 7 ASSIGNMENT. WMCEDC may assign its rights and responsibilities under this Agreement to one or more of its funding entities. The funding entity that is assigned the rights and responsibilities under this Agreement must assume all obligations hereunder. The Companies may not assign this Agreement without the prior written approval of WMCEDC and its funding entities, which approval shall not unreasonably be withheld, conditioned or delayed. 4. 8 AGREEMENT AND BINDING AUTHORITY. This Agreement constitutes the entire Agreement among the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether oral or written, among the parties with respect to the matters contained in this Agreement. There are no prior or contemporaneous understandings, commitments, agreements or representations( whether oral or written) affecting the subject matter other than those expressed herein. This Agreement is binding on the parties and their legal representatives, receivers, executors, successors, agents and assigns. 4. 9 AMENDMENTS. This agreement can be supplemented and/ or amended only by a dated written document executed by all of the parties. 4. 10 ARTICLE AND SECTION HEADINGS. The Article and Section headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provision of this agreement. 4. 11 PARTIAL INVALIDITY. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. Program Project Agreement/ Envases Commerce, v LLC and IZ Texas, LLC 4. 12 SEVERABILITY. Ifany provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect. 4. 13 COUNTERPARTS; FACSIMILE SIGNATURES. This Agreement may be executed in any number of and by different parties hereto on separate counterparts, all of which, when so executed, shall be deemed an original, but all such counterparts shall constitute one and the same agreement. Any signature delivered by a party by facsimile or electronic transmission including email transmission of a PDF image) shall be deemed to be an original signature hereto. EXECUTED this 11 day of January, 2021. Signatures on next page] Program Project Agreement/ Envases Commerce, io LLC and IZ Texas. LLC ENVASES COMMERCE, LLC By: Francisco Javier Pietrini Zapata, Manager( Title) 11k211111" By: ...... Antonio Donnadieu Zapata, Manager( Title) ATTEST: By: Fernandocat Wcal2Jan. 2o2llaAtCST) Fernando Garcia De Luca IZ TEXAS, LLC By: Francisco Javier Pietrini Zapata, Manager( Title) By: Antonio onnadieu Zapata, Manager( Title) ATTEST: By: Fernando0ar ' ucat Jan.? @ 118: OI CST) Fernando Garcia De Luca WACO MCLENNAN COUNTY ECONOMIC DEVELOPMENT CORPORATION Scott M. Felton, resident ATTEST: ,/ Q/ BY: c . ov, C7 1. William L. Cliftonr.743g Py CITY OF WACO / ATTEST: By: BY: rnrk ciczC& cein21 Bradley Ford Esmeralda Hudson City Manager City Secretary Program Project Agreement/ Envases Commerce, I) LLC and IZ Texas. LLC McLENNA COUNTY ATTEST: By: n By Honorable Scott M. Fe ton J . " An y" arwel County Judge County Clerk APPROVED S TO FORM & LEGALITY: By: Je ifer Richie ty Attorney, City of Waco Program Project Agreement/ Envases Commerce, i, LLC and IZ Texas, LLC LA.' AN DY' HARWELL, County Clerk McLennan Coen', Texas FILED: FEB 1 6 2021 By Myrcetez Gowan• Per-tins, Deputy Vr- BRAzos JAN 2 2 2019 I ELECTRIC BRAZOS ELECTRIC POWER COOPERATIVE, INC. COOPERATIVE P.O. Box 2585, Waco, Texas 76702- 2585 7616 Bagby Ave., Waco, Texas 76712 254) 750-6500 January 14, 2019 Judge Scott Felton McLennan County Commissioners Court McLennan County Courthouse P. O. Box 1728 Waco, Texas 76703 Subject: Brazos Electric Power Cooperative, Inc. (" Brazos Electric") Tax Abatement, Bagby Headquarters Dear Judge Felton and Commissioners, I am enclosing a Certificate per section 17 of the Agreement for Development and Tax Abatement Between McLennan County, Texas and Brazos Electric Power Cooperative. Please note that the Certificate is general in nature. The second paragraph of the above- referenced section indicates that we will work together to determine a means of verifying the level of employment without violating certain restrictions. Brazos Electric has concerns that providing personal information/ identifies may violate its duty under Federal and State laws or regulations to guard its employees' personal information, particularly as the County is subject to the Open Records Act. Therefore, Brazos Electric can sign an affidavit with specific information to verify its employment numbers, to be made available at its Bagby Headquarters facility for review by County officials. That material would not be available for copying or removal from its facility, however. If this is acceptable and the County desires to review and confirm its employment numbers, please contact me and a time can be made available for such review. Sincerely, Khaki Bordovsky Vice- President, Services cc: Clifton Karnei BEPC Sr. Staff Segrest ACCEralp BY COMMISSIONERS COURT Philip TNI DAY OF zoo C U J CERTIFICATE OF COMPLIANCE PURSUANT TO AGREEMENT BETWEEN McLENNAN COUNTY, TEXAS AND BRAZOS ELECTRIC POWER COOPERATIVE, INC. THE STATE OF TEXAS COUNTY OF McLENNAN § BRAZOS ELECTRIC POWER COOPERATIVE, INC., acting by and through its authorized representative, (" OWNER") hereby certifies that Owner has met the requirements for job creation and/ or retention, and is in compliance with all requirements of the above referenced Agreement. Owner currently employs 215 employees from the Waco Headquarters location at 7616 Bagby, Waco, Texas. Information to verify the employment number may be reviewed upon request at Brazos Headquarters at 7616 Bagby, Waco, Texas. Signed this 1e day of January, 2019. BRAZOS ELECTRIC POWER COOPERATIVE, . By: Clifton amei Execut' a Vice-President and Ge eral Manager Q, Approved By: Xtkh!)9 vabr— [ Judge Scott Felton County Judge Date: Zlllph GREATER WACO CHAMBER" February 10, 2021 The Honorable Judge Scott Felton McLennan County Commissioners Court McLennan County Courthouse P. O. Box 1728 Waco, Texas 76703 Subject: Brazos Electric Power Cooperative, Inc.(" Brazos Electric") Tax Abatement Compliance for 2018, Bagby Headquarters Dear Judge Felton and Commissioners, Per the County' s request, our office has reviewed the 2018 tax abatement compliance report for Brazos Electric Power Cooperative, Inc. The agreement requires Brazos Electric to maintain 200 full-time employees until December 31, 2021. As of December 31, 2018, Brazos Electric employed 215 full time employees. Based upon the information provided and verified by our organization, Brazos Electric is in compliance with the tax abatement agreement. Should you need anything further from our team, do not hesitate to reach out. Sincerely, 40) Krist a Collins Grea er Waco Chamber 101 S. Third St. Waco T% 76701• P.O. Box 1220 Waco TX 76703- 1220. 254. 757. 5600• fax 254. 752. 6618• WacoChamber. com This letter is printed on Forest Stewardship Council- certified 100% pot-consumer recycled paper that is processed chlorine- free. BRAzos t ELECTRIC BRAZOS ELECTRIC POWER COOPERATIVE, INC. COOPERATIVE P. O. Box 2585, Waco. Texas 76 702- 2 5 8 5 7616 Bagby Ave., Waco, Texas 76712 254) 750- 6500 January 10, 2020 Judge Scott Felton McLennan County Commissioners Court McLennan County Courthouse P. O. Box 1728 Waco. Texas 76703 Subject: Brazos Electric Power Cooperative, Inc. (" Brazos Electric") Tax Abatement, Bagby Headquarters Dear Judge Felton and Commissioners, I am enclosing a Certificate per section 17 of the Agreement for Development and Tax Abatement Between McLennan County, Texas and Brazos Electric Power Cooperative. Please note that the Certificate is general in nature. The second paragraph of the above- referenced section indicates that we will work together to determine a means of verifying the level of employment without violating certain restrictions. Brazos Electric has concerns that providing personal information/ identifies may violate its duty under Federal and State laws or regulations to guard its employees' personal information, particularly as the County is subject to the Open Records Act. Therefore, Brazos Electric can sign an affidavit with specific information to verify its employment numbers, to be made available at its Bagby Headquarters facility for review by County officials. That material would not be available for copying or removal from its facility, however. If this is acceptable and the County desires to review and confirm its employment numbers, please contact me and a time can be made available for such review. Sincerely, Khaki Bordovsky Vice- President, Services cc: Clifton Karnei BEPC Sr. Staff ACCEPTED BY COMyMMIISSSSIIOONERS COURT ra Philip Segrest THIS DAYOITo' e 2021_ COUNTY JU CERTIFICATE OF COMPLIANCE PURSUANT TO AGREEMENT BETWEEN McLENNAN COUNTY, TEXAS AND BRAZOS ELECTRIC POWER COOPERATIVE, INC. THE STATE OF TEXAS COUNTY OF McLENNAN § BRAZOS ELECTRIC POWER COOPERATIVE, INC., acting by and through its authorized representative, (" OWNER") hereby certifies that Owner has met the requirements for job creation and/ or retention, and is in compliance with all requirements of the above referenced Agreement. Owner currently employs 215 employees from the Waco Headquarters location at 7616 Bagby, Waco, Texas. Information to verify the employment number may be reviewed upon request at Brazos Headquarters at 7616 Bagby, Waco, Texas. Signed this 10th day of January, 2020. BRAZOS ELECTRIC POWER COOPERATIVE, NC. By: Clifto am i Exec a Vice- President and G eral Manager Approved By: Judge Scott Felton County Judge Date: 7/ I( 0/ 2.l rin LarA GREATER WACO CHAMBER" February 5, 2021 The Honorable Judge Scott Felton McLennan County Commissioners Court McLennan County Courthouse P.O. Box 1728 Waco, Texas 76703 Subject: Brazos Electric Power Cooperative, Inc. (" Brazos Electric") Tax Abatement Compliance for 2019, Bagby Headquarters Dear Judge Felton and Commissioners, Per the County' s request, our office has reviewed the 2019 tax abatement compliance report for Brazos Electric Power Cooperative, Inc. The agreement requires Brazos Electric to maintain 200 full- time employees until December 31, 2021. As of December 31, 2019, Brazos Electric employed 215 full time employees. Based upon the information provided and verified by our organization, Brazos Electric is in compliance with the tax abatement agreement. Should you need anything further from our team, do not hesitate to reach out. Sincerely, its) Krisf a Collins Grea er Waco Chamber 101 5. Third St. Waco Tx 76701• P.O. Box 1220 Waco TX 76703- 1220. 254. 757. 5600• fax 254. 752. 6618• WacoChamber. com This letter is printed on Forest Stewardship Council-certified 100% post- consumer recycled paper that Is processed chlorine- free. BRAzos i+ELECTRIC BRAZOS ELECTRIC POWER COOPERATIVE, INC. COOPERATIVE P.O. Box 2585, Waco, Texas 76702- 2585 7616 Bagby Ave., Waco, Texas 76712 254) 750- 6500 January 12, 2021 Received Judge Scott Felton JAN 2 1 2021 McLennan County Commissioners Court McLennan County Courthouse McLennan County Judge P. O. Box 1728 Waco, Texas 76703 Subject: Brazos Electric Power Cooperative, Inc. (" Brazos Electric") Tax Abatement, Bagby Headquarters Dear Judge Felton and Commissioners, I am enclosing a Certificate per section 17 of the Agreement for Development and Tax Abatement Between McLennan County, Texas and Brazos Electric Power Cooperative. Please note that the Certificate is general in nature. The second paragraph ofthe above-referenced section indicates that we will work together to determine a means of verifying the level of employment without violating certain restrictions. Brazos Electric has concerns that providing personal information/ identifies may violate its duty under Federal and State laws or regulations to guard its employees' personal information, particularly as the County is subject to the Open Records Act. Therefore, Brazos Electric can sign an affidavit with specific information to verify its employment numbers, to be made available at its Bagby Headquarters facility for review by County officials. That material would not be available for copying or removal from its facility, however. If this is acceptable and the County desires to review and confirm its employment numbers, please contact me and a time can be made available for such review. Sincerely, Khaki Bordovsky Vice- President, Services cc: Clifton Kamei BEPC Sr. Staff Segrest Philip ACCEPTED BY COMMISSIONERS COURT n^'. rT TMI AY OF lesi Il. + CONTYJUNTY JU CERTIFICATE OF COMPLIANCE PURSUANT TO AGREEMENT BETWEEN McLENNAN COUNTY, TEXAS AND BRAZOS ELECTRIC POWER COOPERATIVE, INC. THE STATE OF TEXAS COUNTY OF McLENNAN § BRAZOS ELECTRIC POWER COOPERATIVE, INC., acting by and through its authorized representative. (" OWNER") hereby certifies that Owner has met the requirements for job creation and/ or retention, and is in compliance with all requirements of the above referenced Agreement. Owner currently employs 217 employees from the Waco Headquarters location at 7616 Bagby, Waco, Texas. Information to verify the employment number may be reviewed upon request at Brazos Headquarters at 7616 Bagby, Waco, Texas. Signed this 12` h day of January, 2021. BRAZOS ELECTRIC POWER COOPERATIVE, INC. By: jadnA CliftonC amei Execu e Vice- President and G' r eral Manager Approved By: a V ( Judge Scott Felton County Judge Date: 1/ 194j n ti GREATER WACO CHAMBER" February 5, 2021 The Honorable Judge Scott Felton McLennan County Commissioners Court McLennan County Courthouse P. O. Box 1728 Waco, Texas 76703 Subject: Brazos Electric Power Cooperative, Inc. (" Brazos Electric") Tax Abatement Compliance for 2020, Bagby Headquarters Dear Judge Felton and Commissioners, Per the County' s request, our office has reviewed the 2020 tax abatement compliance report for Brazos Electric Power Cooperative, Inc. The agreement requires Brazos Electric to maintain 200 full-time employees until December 31, 2021. As of December 31, 2020, Brazos Electric employed 217 full time employees. Based upon the information provided and verified by our organization, Brazos Electric is in compliance with the tax abatement agreement. Should you need anything further from our team, do not hesitate to reach out. Sincerely, 44) Krist a Collins Grea er Waco Chamber 101 S. Third St. Waco TX 76701• P. O. Box 1220 Waco TX 76703- 1220. 254. 757. 5600. fax 254. 752. 661E• WacoChamber. com This letter Is printed on Forest Stewardship Council- certified 10046 post. consumer recycled paper that Is processed chlorine- free. DocuSign Envelope ID: DEC1935F- 3C51- 49A8- 9860- 216B3A69C762 CYPRESS CREEK REYEWn6LES C December 26, 2018 McLennan County Courthouse Attn: County Judge 501 Washington Avenue, Room 214 Waco, TX 76701 Dear Judge Felton, Per Section 3. d. of the Tax Abatement Agreement, dated July 11, 2017 ( the " Agreement"), between McLennan County and Eddy Solar II, LLC ("Company"), Company hereby certifies that as of the date of this letter, the construction and installation of the Project ( as defined in the Agreement) is substantially complete and that Company is in full compliance with the terms of the Agreement. Please note that the Company' s address for any notices required by the Agreement has been updated to: 3402 Pico Boulevard Santa Monica, CA 90405 If any additional information is required in regard of this letter, please contact Kaegan lngrasci at kaegan. [email protected], or by phone at 206-422-13353. Best Regards, DocuSignsb by: mE°° kit Cott E cEuao. ACCEPTED BY COMMISSIONERS COURT Name: uhris Norqual Q, p64174 S TMI of 1d. Title: Authorized Person COUNTYJUDGE 3402 PICO BLVD., SANTA MONICA, CA 90405 CCRENEW. COM raj GREATER WACO CHAMBER" February 5, 2021 The Honorable Judge Scott Felton McLennan County Commissioners Court McLennan County Courthouse P.O. Box 1728 Waco, Texas 76703 Subject: Eddy Solar II, LLC Tax Abatement Compliance for 2018 Dear Judge Felton and Commissioners, Per the County' s request, our office has reviewed the 2018 tax abatement compliance report for Eddy Solar 11, LLC(" Cypress Creek Renewables"). The agreement requires Cypress Creek Renewables to create an investment of$ 8, 600,000 prior to December 31, 2017. The 2019 tax records, which reflect the 2018 value of the property, show an appraised value of$ 11, 648, 130. Based upon the information provided and verified by our organization, Cypress Creek Renewables is in compliance with the tax abatement agreement. Should you need anything further from our team, do not hesitate to reach out. Sincerely, to) Krist a Collins Grea er Waco Chamber 101 5. Third St. Waco TX 76701• P.O. Box 1220 Waco TX 76703- 1220. 254. 757.5600• fax 254.752.6618• WacoChamber.com This letter Is printed on Forest Stewardship Councll-certified 100% post- consumer recycled paper that Is processed chlorine- tree. DocuSlpn Envelope ID: DFE0479E-797C- 4766- 9090-3F103D237CE7 CYPRESS CREEK RENEWABLES April 9th, 2020 McLennan County Courthouse Attn: County Judge 501 Washington Avenue, Room 214 Waco, TX76701 Dear Judge Felton, Per Section 9 of the Tax Abatement Agreement, dated July 11, 2017( the" Agreement"), between Mclennan County and Eddy Solari], LLC( the" Company"), Company hereby certifies that as of the date of this letter, all Parties are in full compliance with the terms of the Agreement. If any additional information is required to satisfy this obligation, please contact our Tax Team at tax@ccrenew. com, or by phone at( 310)- 581- 6299. EDDY SOLAR II, LLC, a Texas limited liability company ueweg1. a er: By: r1.' c F6n. v, A4i anielMitioravanti Title: Authorized Person ACCEPTED BY COMMIS TONERS COURT rea e^ THI YOF NTY JU 3402 PICO BLVD., SANTA MONICA. CA 90405 CCRENEW. COM e _ o GREATER WACO CHAMBER" February 5, 2021 The Honorable Judge Scott Felton McLennan County Commissioners Court McLennan County Courthouse P. O. Box 1728 Waco, Texas 76703 Subject: Eddy Solar II, LLC Tax Abatement Compliance for 2019 Dear Judge Felton and Commissioners, Per the County' s request, our office has reviewed the 2019 tax abatement compliance report for Eddy Solar II, LLC (" Cypress Creek Renewables"). The agreement requires Cypress Creek Renewables to create an investment of$ 8, 600, 000 prior to December 31, 2017. The 2019 tax records show an appraised value of$ 1 1, 648, 130. Based upon the information provided and verified by our organization, Cypress Creek Renewables is in compliance with the tax abatement agreement. Should you need anything further from our team, do not hesitate to reach out. Sincerely, to) Krist' a Collins Grea er Waco Chamber 101 S. Third St. Waco TX 76701• P.O. Box 1220 Waco TX 76703- 1220. 254. 757. 5600• fax 254. 752. 6618• WacoChamber. com This letter B printed on Forest Stewardship Council-certified I00% post- consumer recycled paper that Is processed chlorine- tree. Sandy Creek Services, LLC c/ o Sandy Creek Energy Station 2161 Rattlesnake Rd. Riesel, TX 76682 254) 8964205 tel. 254) 896- 7726 fax. JAN 2 2 2019 January 17, 2019 The Honorable Judge Scott Felton McLennan County Judge 501 Washington Ave., Room 214 Waco, Texas 76701 Subject: 2018 McLennan County Tax Abatement Agreement Certification Letter No.: SCS- MCLN- 0007 Judge Felton: In accordance with the Tax Abatement Agreement signed and approved in Commissioners' Court on July 18, 2006 and its Addendum dated January 15, 2013 collectively referred to as the" Agreement"), I hereby certify on behalf of Sandy Creek Energy Associates, L.P. and Brazos Sandy Creek Electric Cooperative (collectively referred to as " Sandy Creek") that to the best of my knowledge Sandy Creek has complied with terms of the Agreement for the year ended December 31, 2018. Best Regards, on ohls Project Director Sandy Creek Services, LLC 254) 896-4216/ office 254) 896-7726/ fax BY COMMI TONERS COURT _rotACCEPTED _. _„ T ( C.(; t JlllNlTow6 THIR IV) DAY OF 20 COUNTY JUDGE rein GREATER GREATER WACO CHAMBER" February 5, 2021 The Honorable Judge Scott Felton McLennan County Commissioners Court McLennan County Courthouse P. O. Box 1728 Waco, Texas 76703 Subject: Sandy Creek Energy Associates, L. P. Tax Abatement Compliance for 2018 Dear Judge Felton and Commissioners, Per the County' s request, our office has reviewed the 2018 tax abatement compliance report for Sandy Creek Energy Associates, L. P.(" Sandy Creek"). The agreement requires Sandy Creek to create at least$ 400 million in property improvements by January 1, 2013 and maintain 100 full- time employees with an average wage of$ 24 for the duration of the agreement. Sandy Creek' s total property value in 2014, the first year which taxes were payable, was$ 443, 520, 480. As of December 31, 2018, Sandy Creek employed 102 full time employees with an average wage of$40. 66. Based upon the information provided and verified by our organization, Sandy Creek is in compliance with the tax abatement agreement. However, they must fall into the percentage of abatement for Certified Appraisal Value between$ 400M and$ 500M as stated in the agreement. Should you need anything further from our team, do not hesitate to reach out. Sincerely, 04.0) Kris( a Collins Grea er Waco Chamber 101 S. Third St. Waco TX 76701• P.O. Box 1220 Waco T% 76703. 1220. 254.7575600• fax 254. 752.6618• WacoChambeccom This letter is printed on Forest Stewardship Council-certified 100% post- consumer recycled paper that Is processed chlorine- free. Sandy Creek Services, LLC c/ o Sandy Creek Energy Station 2161 Rattlesnake Rd. Riesel, TX 76682 254) 896-4205 tel. 254) 896- 7726 fax. January 22, 2020 The Honorable Judge Scott Felton McLennan County Judge 501 Washington Ave., Room 214 Waco, Texas 76701 Subject: 2019 McLennan County Tax Abatement Agreement Certification Letter No.: SCS- MCLN- 0008 Judge Felton: In accordance with the Tax Abatement Agreement signed and approved in Commissioners' Court on July 18, 2006 and its Addendum dated January 15, 2013 collectively referred to as the " Agreement"), I hereby certify on behalf of Sandy Creek Energy Associates, L.P. and Brazos Sandy Creek Electric Cooperative ( collectively referred to as " Sandy Creek") that to the best of my knowledge Sandy Creek has complied with terms of the Agreement for the year ended December 31, 2019. Best Regards, a_ on Kohls Project Director Sandy Creek Services, LLC 254) 896- 4216/ office 254) 896- 7726/ fax rag- ACCEPTED ACCEPTED BY COMMISSIONERS COURT , c j04 1`^ E Thy y OF 1€ 61 20 2. nO -, COUNTYC JU E Fin GREATER WACO CHAMBER" February 5, 2021 The Honorable Judge Scott Felton McLennan County Commissioners Court McLennan County Courthouse P. O. Box 1728 Waco, Texas 76703 Subject: Sandy Creek Energy Associates, L. P. Tax Abatement Compliance for 2019 Dear Judge Felton and Commissioners, Per the County' s request, our office has reviewed the 2019 tax abatement compliance report for Sandy Creek Energy Associates, L. P. (" Sandy Creek"). The agreement requires Sandy Creek to create at least$ 400 million in property improvements by January I, 2013 and maintain 100 full- time employees with an average wage of$ 24 for the duration of the agreement. Sandy Creek' s total property value in 2014, the first year which taxes were payable, was$ 443, 520,480. As of December 31, 2019, Sandy Creek employed 103 full time employees with an average wage of$42. 14. Based upon the information provided and verified by our organization, Sandy Creek is in compliance with the tax abatement agreement. However, they must fall into the percentage of abatement for Certified Appraisal Value between$ 400M and$ 500M as stated in the agreement. Should you need anything further from our team, do not hesitate to reach out. Sincerely, ig Krisf a Collins Grea er Waco Chamber 101 S. Third St. Waco TX 76701• P.O. Box 1220 Waco TX 76703- 1220. 254.757. 5600. tax 254. 752. 6618• WacoChamber.com This letter is printed an Forest Stewardship Council-certified 100% post- consumer recycled paper that Is processed c hiorinrlree. Sandy Creek Services, LLC c/ o Sandy Creek Energy Station 2161 Rattlesnake Rd. Riesel, TX 76682 254) 896-4205 tel. 254) 896-7726 fax. January 20, 2021 The Honorable Judge Scott Felton McLennan County Judge 501 Washington Ave., Room 214 Waco, Texas 76701 Subject: 2019 McLennan County Tax Abatement Agreement Certification Letter No.: SCS-MCLN-0009 Judge Felton: In accordance with the Tax Abatement Agreement signed and approved in Commissioners' Court on July 18, 2006 and its Addendum dated January 15, 2013 collectively referred to as the" Agreement"), I hereby certify on behalf of Sandy Creek Energy Associates, L.P. and Brazos Sandy Creek Electric Cooperative( collectively referred to as" Sandy Creek") that to the best of my knowledge Sandy Creek has complied with terms of the Agreement for the year ended December 31, 2020. Best Regards, Bryon Kohls Project Director Sandy Creek Services, LLC 254) 896-4216/ office 254) 896-7726/ fax COURT ACCEPTED BY COIS ONERS WIvr.O' n{ I AY OfMM COUNTY JUDGE g bead RYA GREATER WACO CHAMBER" February 5, 2021 The Honorable Judge Scott Felton McLennan County Commissioners Court McLennan County Courthouse P. O. Box 1728 Waco, Texas 76703 Subject: Sandy Creek Energy Associates, L. P. Tax Abatement Compliance for 2020 Dear Judge Felton and Commissioners, Per the County' s request, our office has reviewed the 2020 tax abatement compliance report for Sandy Creek Energy Associates, L.P.(" Sandy Creek"). The agreement requires Sandy Creek to create at least$ 400 million in property improvements by January 1, 2013 and maintain 100 full-time employees for the duration of the agreement. Sandy Creek' s total property value in 2014, the first year which taxes were payable, was$ 443, 520, 480. As of December 31, 2020, Sandy Creek employed 101 full time employees with an average wage of$ 44. 69. Based upon the information provided and verified by our organization, Sandy Creek is in compliance with the tax abatement agreement. However, they must fall into the percentage of abatement for Certified Appraisal Value between$ 400M and$ 500M as stated in the agreement. Should you need anything further from our team, do not hesitate to reach out. Sincerely, 4146...) Krist' a Collins Grea er Waco Chamber 101 5. Third St. Waco TX 76701• P. O. Box 1220 Waco TX 76703- 1220. 254. 757. 5600. fax 254. 752. 661 B• WacoChamber. com This letter is printed on Forest Stewardship Council- certified 100% post- consumer recycled paper that Is processed chlorine- free. JA.' ANDY' HARWELL, County Clot McLennan County, Texas FILED: FEB 1 g 2021 By Myrcetez Gowan- Perkins, Deputy ORDER APPROVING PAYMENT OF FINANCIAL OBLIGATIONS AND AUTHORIZING THE COUNTY TREASURER TO PAY COUNTY CHECK FEBRUARY 15. 2021 On this the 16 day of February, 2021, came on for consideration the matter of approving payment of Financial Obligations and authorizing the County Treasurer to pay County Checks for February 15, 2021. Commissioner Jones made a motion to approve and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Financial Obligations and Authorization of the County Treasurer be, and the same is hereby, approved by unanimous vote. Order of the Commissioners' Court of McLennan County In accordance with Local Government Code Section 113. 041( a), the Commissioners Court of McLennan County hereby directs the County Treasurer to release the checks to liquidate the obligations of McLennan County, Texas represented by the claims supporting the following checks, drawn on the McLennan County Treasury. Date Checks will be Number of Total Amount of Printed Invoices Invoices 02- 15- 21 720 1, 724, 160. 31 E021521 235 98, 188. 00 GRAND TOTAL 955 1, 822, 348. 31 Approved and ordered by the McLennan County Commissioners Court on this the LU day of ' R Ql1AR, , 2021/ County Judge JA.' ANDY HARWELL, County Clerk McLennan County, Texas FLED: FEB 16 2021 By Myrcetez Gowan- Perkins, Deputy ORDER ACCEPTING: RECORDING OF RACIAL PROFILING REPORT( REF: TEXAS CODE OF CRIMINAL PROCEDURE, ARTICLE 2. 1321 CONSTABLE. PRECINCT 3 On this the 16 day of February, 2021, came on for consideration the matter of Constable, Precinct 3: Recording of Racial Profiling Report ( ref: Texas Code of Criminal Procedure, Article 2. 132). Commissioner Jones made a motion to approve and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Recording be, and the same is hereby, accepted by unanimous vote. From: McLonnnn County 254 926 3595 01/ 30/ 2021 12: 23 67O9 P. 002/ 002 Racial Profiling Report I Exempt Agency Name: MCLENNAN CO. CONST. PCT. 3 Reporting Date: 01/ 26/ 2021 TCOLE Agency Number: 309103 Chief Administrator: DAVID A. MALER Agency Contact Information: Phone: ( 254) 826- 5771 Email: dmaler2004@yahoo. com Mailing Address: 201 N REAGAN ST WEST, TX 76691 FULL EXEMPTION RACIAL PROFILING REPORT Article 2. 132 CCP Law Enforcement Policy on Racial Profiling a.) In this article: I.) " Law enforcement agency" means an agency of the state, or of a county, municipality , or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties. I certify it is not the policy of this agency to make traffic stops in the routine performance of the officers' official duties. Executed by: DAVID A. MALER Constable Date: 01/ 26/ 2021 Submitted electronically to the oN ... The Texas Commission on Law Enforcement ACCEPTED BY COMM Y0COURT Meryl YU/ tie Two AY aF 1 of 1 JA.' ANDY' HARWEL L, County Clerk McLennan Count', Texas FILED: FEB i g 2021 By Myrcetez Gowan- Perkins, Deputy ORDER ACCEPTING: RECORDING OF MCLENNAN COUNTY INVESTMENT REPORT, JANUARY 2021: COUNTY TREASURER On this the 16 day of February, 2021, came on for consideration the matter County Treasurer: Recording of McLennan County Investment Report, January 2021. Commissioner Jones made a motion to approve and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Recording be, and the same is hereby, accepted by unanimous vote. r - r ..0 KJ No C O O O O O N S m - 0 0.• 0 0 Z v N - - Y , A o , L V ...W N 0 m N V gWW A V A N V N c N p C 8 N N CO N N ea W 3 d Oy VD 0 V H pV Y yp V W W 0 N N A N N J 0 74 G T p N V Q H N 2 n r W .. V r N n qN bg pV. V N 4 Io ^ O 0 g V N U1 F 3N J P N . 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E ( £ tb in r § § . 0 in Xxxm ntn fb CD ID it 03 03 CO co ORDER ACCEPTING: RECORDING OF DETAILED TRANSACTION REPORT, JANUARY 2021: MCLENNAN COUNTY CHILDRENS' PROTECTIVE SERVICES BOARD On this the 16 day of February, 2021, came on for consideration the matter of McLennan County Children' s Protective Services Board: Recording of Detailed Transaction Report, January 2021. Commissioner Jones made a motion to approve and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Recording be, and the same is hereby, accepted by unanimous vote. Childrens' Protective Services Board Detailed Transaction Report 1/ 1/ 2021 - 1/ 31/ 2021 Community Bank Acct# XXXX0161 Beginning available balance 1/ 1/ 2021 $ 5, 659. 03 Revenue 54, 175. 90 Expenditures: $ 267. 38 Voided items: 0. 00 Ending available balance 1/ 31/ 2021 $ 9, 567. 55 Outstanding deposits: 0. 00 Outstanding withdrawals: 5435. 00 Account# XXXX0161 Ending bank statement balance $ 10, 002. 55 Expenditures Date Check#: Payee Budget object: Comment: Amount: 1/ 11/ 2021 1851 Walmart Other Services& Charges Walmart CC: Refreshements: Midway 13. 44 Students Christmas Gift Presentation 1/ 11/ 2021 1851 Walmart Clothing& Supplies Walmart CC: Clothing for 1 Child 53. 94 for 1/ 11/ 2021 1851 Walmart Other Services& Charges Walmart CC: Gift Cards for Christmas 4 5200. 00 Children Total Expenditures: $ 267. 38 Revenues Date Check#: Contributor Budget object: Comment: Amount: 1/ 21/ 2021 00428213 McLennan County Accounts Reimbusement: CPS County 54, 175. 90 Payable Budget Total Revenues: $ 4,175. 90 Outstanding hems Amount: Date: Check#: Payee 50. 00 10/ 14/ 2020 1838 McGregor ISD 3385. 00 12/ 22/ 2020 1850. Austin Driving School Total Outstanding Items: $ 435. 00 McLennan County Employees' Federal Credit Union Acct# XX050A Beginning available balance 1/ 1/ 2021 $ 1, 533. 00 Revenue 0. 00 Expenditures: 0. 00 Voided items: 0. 00 Ending available balance 1/ 31/ 2021 $ 1, 533. 00 Outstanding deposits: 0. 00 Outstanding withdrawals: 0. 00 Account# XX050A Ending bank statement balance $ 1, 533. 00 Bill Helton, Treasurer Children' s Protective Services Board End of Month Total Cash: $ 11, 100. 55 JA.' ANDY' NARA'ELL, County Clerk McLennan County. Texas ACCEPTED BY COMMISSIONERS COURT Fee FILED: FEB 2021 6 rr 1 THl r. r OF 20 VeapeAEN Cr- By Myrcetez Gowan- Perkins, 4'!' Deputy r / uu a REMAINS LIFTED: AUTHORIZATION RE: BURN BAN IN THE UNINCORPORATED AREAS OF MCLENNAN COUNTY On this the 16 day of February, 2021, came on for consideration the matter of Authorization re: Burn Ban in the Unincorporated Areas of McLennan County. Commissioner Jones made a motion to approve and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization re: Burn Ban in the Unincorporated Areas of McLennan County be, and the same is hereby, approved by unanimous vote. ORDER APPROVING: AUTHORIZATION OF MCLENNAN COUNTY CREDIT CARD PURCHASES: JUVENILE DETENTION; DISTRICT CLERK; COUNTY SHERIFF AND RADIO TOWER PROJECT On this the 16 day of February, 2021, came on for consideration the matter of Authorization of McLennan County Credit Card Purchases: Juvenile Detention; District Clerk; County Sheriff and Radio Tower Project. Commissioner Jones made a motion to approve and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. McLennan County Credit Card Purchases Department Amount Description Purchase of a Fas- Track Ultra- Trak Pressurized Floor Juvenile Detention 3, 090.00 Wax Application System from Clean Freak Purchase of Resource Books from Thomson Reuters: O' Connor' s Texas Family Code Plus, 2020- 2021 District Clerk 340.00 Edition ($ 171) and O' Connor' s Texas CPRC Plus, 2020- 2021 edition ( $ 169) Purchase of Postcards/ Mailers from JP Morgan District Clerk 386.00 Chase Zapco Purchase of a FM Certification Tests for three (3) County Sheriff 450.00 Drone Pilots thru PSI ($ 150/ person) Radio Tower Project 273.00 Purchase of a Talley for Tower Connectors COURT APPROVED BY COMMISSIONERSY.(( THIS DAY OF CW 20_ f1 1 CO 7TY J G WA.' AN DY' HARWELL, Country Clerk McLennan Couny, Texas FILED: FEB 1 6 2021 By Myrcetez Gowan- Perkins, Deputy AGENDA: FEBRUARY 16, 2021 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 Contract Renewal with Keefe Commissary Pulled— No Network, LLC( re: McLennan County Jail Action Taken Commissary Services) 3. Human Resources/ Salary Matters( Payroll Status Forms or Changes): a. Human Resources: Discussion and/ or Action regarding Approved Director and related matters including Possible See End Appointment of Director; Possible Approval of of the Meeting) Variance to Policies for Internal Promotion b. Road& Bridge, Precinct 2 Approved 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: d. County Auditor: Recording of Monthly Financial Deferred Report, October 2020- December 2020 11: 09 PULLED AND NO ACTION TAKEN: RECORDING OF TEXAS COMMISSION ON JAIL STANDARDS CERTIFICATE OF COMPLIANCE FOR MCLENNAN COUNTY JAIL) On this the 16 day of February, 2021, came on for consideration the matter of Recording of Contract Renewal with Keefe Commissary Network, LLC ( re: McLennan County Jail Commissary Services). Judge Felton directed the Clerk to show Item as Pulled and No Action Taken. ORDER APPROVING: ROAD& BRIDGE. PRECINCT 2: HUMAN RESOURCES/ SALARY MATTERS On this the 16 day of February, 2021, came on for consideration the matter of Human Resources/ Salary Matters: Road& Bridge, Precinct 2. After discussion, Commissioner Miller made a motion to approve the Reclassification of position # 348 from a Heavy Truck Driver to an Equipment Operator and it was seconded by Commissioner Smith. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. ek Ana Picazo McLennan County 4 Acting HR Director 214 N. 4th St., Suite 200 Human Resources Dept. OfficeWaco:( 254)- 757-13668515TX76701 - 4-: it MEMORANDUM Date: February 16°, 2021 To: Commissioner' s Court From: Ana Picazo, Acting HR Director& Patricia Miller, Commissioner Pct. 2 Subject: Requesting Approval to Reclassify Heavy Truck Driver to Equipment Operator Commissioner Miller is requesting approval to reclassify Heavy Truck Driver position# 348 to an Equipment Operator position. The Heavy Truck Driver position is currently held by Jason Brown. This reclassification is being requested because this position has been serving as an Equipment Operator for 7 months. This request includes a proposal to increase the budgeted salary according to the table below. The requested increase to the budgeted salary would be in line with that of most Equipment Operator positions across all precincts. The increase to the budgeted salary would be budget neutral for fiscal year 2021 but would need support for continued funding moving forward. New Position Requested Current Requested Current Requested ) osition osition # Y Needed Department Current Title Title Pay Grade Pay Grade Budget Budget flied By 48,493 Jason Road& Heavy Truck Equipment increase by Brown 348 Yes Bridge Pct. 2 Driver Operator B06 B07 47, 167 $ 1, 326) Thank You. APPROVED BY COMMISSIONERS COURT 20 THIS Itq DAY OF JA.' k\'b HAR'+FELL, County Clerk may„; j McLennan Coany, Texas COU au E FILED: FEB 1 6 2021 By Myrcetez Gowan- Perkins, Deputy ORDER DEFERRING: RECORDING OF MONTHLY FINANCIAL REPORT, OCTOBER 2020- DECEMBER 2020: COUNTY AUDITOR On this the 16 day of February, 2021, came on for consideration the matter of County Auditor: Recording of Monthly Financial Report, October 2020 - December 2020. After discussion, Commissioner Perry made a motion to defer and it was seconded simultaneously by Commissioner Miller and Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Report be, and the same is hereby, deferred by unanimous vote. AGENDA: FEBRUARY 16, 2021 F. Budget, Budget Amendments/ Transfers/ Changes, Additional Revenue Certifications, Expenditure Requests: I. Regarding the FY 21 Budget: a. Justice of the Peace, Precinct 2( Fund 130) Approved See after Item E. 6. d) b. Tax Office related to COVID- 19 Approved c. Jury Service Approved d. County Sheriff Approved e. McLennan and Hill Counties Tehuacana Creek Water Approved Improvement District: Discussion and/ or Action See after regarding Funding Request for Baseline Item N. 5.) Water Quality Study f. Authorization of Texas Association of Counties Claim Deductible Invoices: 1) Regarding Invoice# NRDD- 0006566 Approved See after Item F. 1. d) 2) Regarding Invoice# NRDD- 0006601 Approved 3) Regarding Invoice# NRDD- 0006638 Approved 4) Regarding Invoice# NRDD- 0006688 Approved 5) Regarding Invoice# NRDD- 0006727 Approved 11: 13 ORDER APPROVING FY 21 BUDGET AMENDMENTS: JUSTICE OF THE PEACE, PRECINCT 2 ( FUND 130); TAX OFFICE RELATED TO COVID- 19; JURY SERVICE AND COUNTY SHERIFF On this the 16 day of February, 2021, came on for consideration the matter Regarding the FY 21 Budget: Justice of the Peace, Precinct 2( Fund 130); Tax Office related to COVID- I9; Jury Service and County Sheriff. After discussion, Commissioner Miller made a motion to approve and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said FY 2021 Budget Amendments be, and the same are hereby, approved by unanimous vote. BUDGET AMENDMENT REQUEST McLennan County Comml.. hners Court McLennan County Courthouse Waco, Texas 78701 Re: Budget Amendment for. Fund 130( Justice Court Building Security Fund) I hereby request the following budget amendment for the fiscal year ending 0913021: REQUESTED INCREASE( s) sue- Requested Fud Fuabn Fun Dept a Dept Name Ogee( Aa2e) ACOa1nn DesoliDtien Current Budget Increase Amended Budget 140 15 27 1621 JP 2 502000 Furniture and Equipment 1 879 880_ 1 Total Increases 879 REQUESTED DECREASE( s) gat Requested Find Fuelicn Fine Opts Dept Name crepe AdcUil Account Description lfl CurrentBude( Decrease Amended Budget 140 15 27 0190 Co9Rde 999999 Contlmencies 33, 300 679 32,621 1 l I I Total Degreases 679 BUDGET AMENDMENT JUSTIFICATION: This budget amendment is requested by Justice of the Peace Pd: for a surveillance system for visual access to the building to ensure that it is monitored at all times( quote attached). Approved by Respectfully Submitted Approved as to form Commissioners Court Requester County Auditor County Judge Alp ziico/ 2i r JP2 — Camera System Monitor Mcien an County Maiettena. ice JP 2- T1P5# 180701 929 Elm Ave Waco, TX 76704 Revision. 0 Modified: 1R8/ 2021 McLennan County es?`.: eo J' KHT Electronics 813 Lake Air Dr Waco, TX 76710 us 254- 340- 0548 https:// www.thtwacoco..com/ o -. Surveillance System n 1 MSTR BRAND HD- 1557 53. 98 CABL Brand HD- 15ST i 1 r MSTR BRAND HDS- 35T 16.98 y: ic% 3. 3ft Slim SnugTite Grip HDMI Cable 1 Red Atom REDMC70 124. 40 Full- Motion wall mount for 24•' to 60" display 1 Vanco International 280702 108. 32 Oar HDMI 1 x 2 4K Splitter i' Pfix 1 W Box Technologies 0E- 32LEDMON2 374. 99 II ,. I 32'• Full HD Pro- Grade Color Monitor; 1920 X 1080P; VGA, HDMI, BNC Surveillance System Total 8678. 67 G' ft =ircil f1 6 :: tN Project Subtotal: 678. 67 Fr:ce _,. ces Accesso'" es T" : y, r- -_ ------1 Equipment: 678. 67 Labor 285. 89 Grand Total: 964.56 Client: Ti Jackson Date ti Contractor: KHT Electronics Date 812699901 JA.' ANDY' HARWELL, County Clerk McLennan County, Texas FILED: FEB 1 6 2021 By Myrcetez Gowan- Perkins, Deputy BUDGET AMENDMENT REQUEST McLennan County Canmbsicners Cowl McLennan County Courthouse Waco. Tares 76701 Re: Budget Amendment fon Fund 001( genial Fund) I hereby request the 4loatrg budget amendment for the Heel year ending 09130/ 2021 REQUESTED INCREASE( s) Requested Amsrosd Budget Fee Exam arc Drga Dope Nan Oq. e Scut Account Daaaletbn Conarn Budgge t__ Increase 1001 10 20 ONO Tax Ottoe 606000 . Recur 6 Maintenance 23, 295 6.600 29, 895 Total Increases e,800 REQUESTED DECREASE(s) Requested BSA Current Budget Decrease Mrerded Budget Fled Ream net Ostia nocturne Oq. dfuccr Account Desoleilun 705. 7 001 10 05 0190- CO MO. 998999 1Cadngeneres 802. 399 e. e00 t 1Toal Decreases 6 600, BUDGET AMENDMENT JUST1FtCAT ION: This budget amendment ts requested to increase" Repair and Maintenance' from contingencies fora monthly dig cost due to Cond. that was not covered by grant funding for October 2020- August 2021. AWNS by Commissioners Court Respectfully Submitted Approved as to form Requester Candy Auditor County Judge 19 it z/ 47/ Z) JA.' ANDY' HARWELL, County Clerk McLennan Coon,,'. Texas FILED: FEB 1 6 2021 By 6lyrcetez Gowan- Perkins, Deputy BUDGET AMENDMENT REQUEST McLennan County Commissioners Court McLennan County Courthouse Waco, Texas 76701 Re: Budget Amendment for. Fund 001 ( General Fund) I hereby request the following budget amendment for the fiscal year ending 09/ 302021: REQUESTED 1NCREASE(s) Requested Sub. Fun Function Femc Deaf Dept Name Ogea( kcal Account Description Current Budget Increase Amended Budget 001 15 28 1710 Jury Service 601111 Other Services and Charges 1, 000 50. 000 51, 000 Total Increases 50.000 REQUESTED DECREASE( s) Requested sus Amended Budget now Function Fun Deaf Dept Name Object Neal/ Account Desaiobon Current Budget Decrease 000 190. 000 001 15 28 1710 Jut' Service 411850 Petit Jurors 240.000 50, Total Decreases 50. 000 BUDGET AMENDMENT JUSTIFICATION: This budget amendment is requested to fund the Initial rounds of rental charges related to renting the BASE for use as remote courtrooms. As the fiscal year progresses, additional budget amendments will be brought for approval to cover additional weeks of trials as needed. The current potential maximum amount needed for the fiscal year is$ 175,000. Approved by Commissioners Court Respectfully Submitted Approved as to form Requester County Auditor County Judge a*-9- JA.' ANDY' HARWELL, County Clerk McLennan Count',Texas FILED: FEB 1 6 2021 By Myrcetez Gowan- Porkins, Deputy BUDGET AMENDMENT REQUEST McLennan County Commissioners Court Mclennan County Courthouse Waco. Texas 76701 Re: Budget Amendment for. Fund 001( General Fund) I hereby request the following budget amendment for the fiscal year ending 09/30202/ REQUESTED INCREASE( s) Requested Sub- Amended Budget Find Furmn Fin Dept s Dept Name O1:6a(4¢ t) Account Description Current Budget Increase 001 20 35 2200 SO 502000 Fumtiure end Equipment 162, 545 7, 826 170, 371 Total Increases 7, 826 REQUESTED DECREASE( s)_ Requested Sub- Current Budget Decrease Amended Budget Fund Fitton Fen Dees Dap Name Oahe( Amp Account Desorption 7.826 178, 124 001 20 35 2200 SO 606000 Repair and Maintenance 185, 950 Total Decreases 7. 826 BUDGET AMENDMENT JUSTIFICATION: This budget amendment is requested increase" Furniture and Equipment^ for furniture for the evidence remodel project approved in FY 21 budget. Approved by Commissioners Court Respectfully Submitted Approved as to form Requestor County Auditor County Judge 21(v/ Zl J.A.' ANDY HARWELL, County Clef McLennan Coun' a, Texas FILED: FEB 1 6 2021 By layrcetez Gowan- Perkins, Deputy The Court went to Item F. 1. f. Authorization of Texas Association of Counties Claim Deductible Invoices. ORDER APPROVING: AUTHORIZATION OF TEXAS ASSOCIATION OF COUNTIES CLAIM DEDUCTIBLE INVOICES: RE: INVOICE# NRDD- 0006566 RE: INVOICE# NRDD- 0006601 RE: INVOICE# NRDD- 0006638 RE: INVOICE# NRDD- 0006688 AND REGARDING INVOICE# NRDD- 0006727 RE: FY 21 BUDGET On this the 16 day of February, 2021, came on for consideration the matter Regarding the FY 21 Budget: Authorization of Texas Association of Counties Claim Deductible Invoices: Regarding Invoice # NRDD- 0006566; Regarding Invoice # NRDD- 0006601; Regarding Invoice # NRDD- 0006638; Regarding Invoice # NRDD- 0006688 and Regarding Invoice # NRDD- 0006727. After discussion, Commissioner Miller made a motion to approve and it was seconded by Commissioner Smith. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. TEXAS ASSOCIATION Of COUNTIES RISK MANAGEMENT POOL CLAIM DEDUCTIBLE INVOICE Via E- Mail: smfelton@co. mclennan. tx.us Balance Due Upon Receipt Attn: Hon. Scott Felton McLennan County Invoice#: NRDD- 0006566 PO Box 1728 Invoice Date: 11/ 05/2020 Waco, TX 76703- 1728 Claim#: LE20208034- 1 Member ID: 1550 Deductible payment is due. Description Amount Due Claim LE20208034- 1: Invoice for Deductible 122.50 APPROVED BY COMMISSIONERS COURT THIS l DAY OFin 2024_ Subsidiary/ office associated with claim: Jail Date of Loss: 03/23/ 2020 COUNTY JUtti Claimant: Robert Harlan Jr Total Policy Deductible Amount per Claim $ 10,000. 00 Total Amount Received to Date 0. 00 Overdue Invoice Invoice Date l" Of 'These- D/ Q2l Ul-T NRDD- 0006203 07/09/2020 2, 017. 50 T NRDD- 0006284 08/ 13/2020 56.60 ri/b CLS W NRDD- 0006396 09/ 11/ 2020 180. 00 AffreDvar, B i otacy2,0 Pry AM) F> Atele° Total Amount Due 2, 376.60 Total amount due may be less than deductible amount depending on claim payments made. Claim Deductible Payment Remittance Form Attn: Hon. Scott Felton Invoice Date: 11/ 05/ 2020 McLennan County Invoice#: NRDD- 0006284, NRDD- 0006566, PO Box 1728 NRDD- 0006203, NRDD- 0006396 Waco, TX 76703- 1728 Claim#: LE20208034- 1 Amount Due: $ 2, 376. 60 Amount Enclosed: If the total amount enclosed is not$ 2, 376. 60, please use the notes section below to explain: Please make checks payable to( include invoice#): Texas Association of Counties Risk Management Pool PO Box 2426 an o , TX 78298-9900 A." ANDY' HARWELL, coun tpol C: orr C McLennan County, Texas Printed Nov 5, 2020 FILED: FEB 1 g 2021 By Myrcetez Gowan- Perkins, Deputy TEXAS ASSOCIATION Of COUNTIES CI) RISK MANAGEMENT POOL CLAIM DEDUCTIBLE INVOICE Via E- Mail: smfelton(Qco. mdennan. bc. us Balance Due Upon Receipt Attn: Hon. Scott Felton McLennan County Invoice#: NRDD- 0006601 PO Box 1728 Invoice Date: 11/ 05/2020 Waco, TX 76703- 1728 Claim#: PO20208275- 1 Member ID: 1550 Deductible payment is due. Description Amount Due Claim PO20208275- 1: Invoice for Deductible 942.90 APPROVED BY COMMISSIONERSl.., COURT Subsidiary/ office associated with claim: Other TNIC DAY OF F3 & l- 2021 Date of Loss: 06/08/2020 y,/ COUNTY JUDGE Claimant. Aatika Bledsoe Total Policy Deductible Amount per Claim $ 10,000.00 Total Amount Received to Date 0. 00 invoice Invoice Date S(r U°Vat bVer Overdue ALL OF/ , NRDD- 0006516 10/ 05/2020 3. 985. 80 ` Aerav r> 13 v `,, op/ I o/ ZX 20 Goyim- PM pn/p OM Bet* Total Amount Due 8,242.50 Total amount due may be less than deductible amount depending on claim payments made. Claim Deductible Payment Remittance Form Attn: Hon. Scott Felton Invoice Date: 11/ 05/ 2020 McLennan County Invoice#: NRDD- 0006516, NRDD- 0006601, PO Box 1728 NRDD- 0006416 Waco, TX 76703- 1728 Claim#: PO20208275- 1 Amount Due: $ 8,242. 50 Amount Enclosed: If the total amount enclosed is not$ 8, 242. 50. please use the notes section below to explain: Please make checks payable to( include invoice#): Texas Association of Counties Risk Management Pool PO Box 2426 San Antonio, TX 78298- 9900 JA.' ANDY' HARWELL, County Clerk McLennan Count'. Texas Printed Nov 5, 2020 FILED: FEB 1 6 2021 By Myrcetez Gowan- Perkins, Deputy TEXAS ASSOCIATION Of COUNTIES 0 RISK MANAGEMENT POOL CLAIM DEDUCTIBLE INVOICE Via E- Mail: smfelton@co. mclennan. tx. us Balance Due Upon Receipt Attn: Hon. Scott Felton McLennan County Invoice#: NRDD- 0006638 PO Box 1728 Invoice Date: 12/ 07/ 2020 Waco, TX 76703- 1728 Claim#: LE20208034- 1 Member ID: 1550 Deductible payment is due. Description Amount Due Claim LE20208034- 1: Invoice for Deductible 20. 00 APPROVED BY COMMISSIONERS COURT Subsidiary/ office associated with claim: Jail THIS I. 0 DAY OF_Fea 20 21 Date of Loss: 03/ 23/ 2020 JUDGE Claimant: Robert Harlan Jr Total Policy Deductible Amount per Claim $ 10, 000. 00 Total Amount Received to Date 2, 254. 10 Overdue Invoice Invoice Date f1( r 2,, -/ I( F4- ON ` f} NRDD-0006566 11/ 05/ 2020 122. 50 pacts bir Ryt.) n Total Amount Due 142.50 Total amount due may be less than deductible amount depending on claim payments made. Claim Deductible Payment Remittance Form Attn: Hon. Scott Felton Invoice Date: 12/ 07/ 2020 McLennan County Invoice#: NRDD- 0006566, NRDD- 0006638 PO Box 1728 Claim#: LE20208034- 1 Waco, TX 76703- 1728 Amount Due: $ 142. 50 Amount Enclosed: If the total amount enclosed is not$ 142. 50, please use the notes section below to explain: Please make checks payable to( include invoice#): Texas Association of Counties Risk Management Pool PO Box 2426 San Antonio, TX 78238- 9900 JA.' ANDY' HARWEL L, County Clerk McLennan Count', Texas Printed Dec 7, 2020 FILED: FEB 1 s 2021 By Myrcetez Gowan- Perkins, Deputy o ' TEXAS ASSOCIATION of COUNTIES RISK MANAGEMENT POOL CLAIM DEDUCTIBLE INVOICE Via E- Mail: smfelton@co. mclennan. ix. us Balance Due Upon Receipt Attn: Hon. Scott Felton McLennan County Invoice#: NRDD-0006688 PO Box 1728 Invoice Date: 01/ 08/ 2021 Waco, TX 76703- 1728 Claim#: LE20208034- 1 Member ID: 1550 Deductible payment is due. Description Amount Due Claim LE20208034- 1: Invoice for Deductible 180. 00 APPROVED BY COMMISSIONERS COURT 7Nl DAY OF "- L3 20 Subsidiary/ office associated with claim: Jail Date of Loss: 03/ 23/2020 Claimant: Robert Harlan Jr Total Policy Deductible Amount per Claim $ 10, 000. 00 Total Amount Received to Date 2, 254. 10 Overdue Invoice Invoice Date n r Q/ II4l3 Wl/ p ,/,, NRDD- 0006566 11/ 05/ 2020 122. 50 r.,_, v vvrTNp' t NRDD- 0006638 12/07/ 2020 20. 00 SAS(iip ems(/ Total Amount Due 322.50 Total amount due may be less than deductible amount depending on claim payments made. Claim Deductible Payment Remittance Form Attn: Hon. Scott Felton Invoice Date: 01/ 08/ 2021 McLennan County Invoice#: NRDD- 0006688, NRDD- 0006566, PO Box 1728 NRDD- 0006638 Waco, TX 76703- 1728 Claim#: LE20208034- 1 Amount Due: $ 322. 50 Amount Enclosed: If the total amount enclosed is not$ 322. 50, please use the notes section below to explain: Please make checks payable to( include invoice#): Texas Association of Counties Risk Management Pool PO Box 2426 San Antonio, TX 78298- 9900 JA.° ANDY" HARWELL, County C' erk McLennan Couny, Texas Printed Jan 8, 2021 FILED: FEB 1 6 2021 By Myrcetez Gowan- Perkins, Deputy TEXAS ASSOCIATION Of COUNTIES RISK MANAGEMENT POOL CLAIM DEDUCTIBLE INVOICE Via E- Mail: smfelton@co. mclennan. tx. us Balance Due Upon Receipt Attn: Hon. Scott Felton McLennan County Invoice#: NRDD- 0006727 PO Box 1728 Invoice Date: 01/ 08/ 2021 Waco, TX 76703- 1728 Claim#: PO20208275- 1 Member ID: 1550 Deductible payment is due. Description Amount Due 1: Invoice Deductible 725. 00 Claim PO20208275- for APPROVED BY COMMISSIONERS COURT Subsidiary/ office associated with claim: Other THI I DAY F F 2021 Date of Loss: 06/ 08/ 2020 CO NTY JUDGE Claimant: Aarika Bledsoe Total Policy Deductible Amount per Claim $ 10, 000. 00 Total Amount Received to Date 7, 299. 60 Overdue Invoice Invoice Date 1J4(0/ 24 OW NRDD-0006601 11/ 05/2020 942.90 raft, 1- Total Amount Due 1, 667.90 Total amount due may be less than deductible amount depending on claim payments made. Claim Deductible Payment Remittance Form Attn: Hon. Scott Felton Invoice Date: 01/ 08/2021 McLennan County Invoice#: NRDD- 0006601, NRDD- 0006727 PO Box 1728 Claim#: PO20208275. 1 Waco, TX 76703- 1728 Amount Due: 51. 667. 90 Amount Enclosed: If the total amount enclosed is not$ 1, 667. 90, please use the notes section below to explain: Please make checks payable to( include invoice#): Texas Association of Counties Risk Management Pool PO Box 2426 San Antonio, TX 78298- 9900 JA.' ANDY' HARWELL, Co, Jmy Ce. c McLennan Ccurv. Texas Printed Jan 8, 2021 FILED: FEB 1 s 2021 By Myrcetez Gowan- Perkins, Deputy AGENDA: FEBRUARY 16, 2021 G. Bids, RFP' s, RFQ' s Quotations for Goods and Services: 1. Authorization of Recommendations a. Regarding Bid 21- 004: Crushed Limestone Approved Flexbase b. Regarding Bid 21- 005: Pit Run Gravel Approved 2. Authorization of Service Quotation: Smiths Approved Detection( re: X-Ray Machines) 11: 21 ORDER APPROVING: AUTHORIZATION OF RECOMMENDATIONS: RE: BID 21- 004: CRUSHED LIMESTONE FLEXBASE AND RE: BID 21- 005: PIT RUN GRAVEL On this the 16 day of February, 2021, came on for consideration the matter of Authorization of Recommendations for Bids: Regarding Bid 21- 004: Crushed Limestone Flexbase and Regarding Bid 21- 005: Pit Run Gravel. After discussion, Commissioner Jones made a motion to approve and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. Recommendation Court Date Originating Department Recommendation By Reference Number 02/ 16/ 21 Road & Bridge Ken Bass/ Luke Lammert Bid 21- 004 Background: Bid for Crushed Limestone Flexbase Bid First Advertised on January 7, 2021 Bids Due& Bid Opening on January 28, 2021 Recommendation to Court on February 16, 2021 Respondents: Product Price Per ton Total Price Conners Crushed Stone Crushed Lmst. Loaded 6. 25 125, 000. 00 Lott, TX 76656 Crushed Lmst. Del 6. 25 + Frt 9, 375. 00+ Frt RipRap Loaded 25. 00 12, 500. 00 RipRap Del 25. 00+ Frt 12, 500. 00+ Frt Fines Loaded 3. 50 70, 000. 00 Fines Del 3. 50+ Frt 5, 250.00+ Frt Total: $ 234, 625. 00+ Frt Notes: Location of material is Oglesby Quarry - 135 Oglesby Neff Park Road Freight=$ 0. 23 per loaded ton mile— 20 mile minimum Agreed to allow piggyback Mine Service, Inc. Crushed Lmst. Loaded 6. 50 130, 000. 00 Waco, TX 76712 Crushed Lmst. Del 6. 50 + Frt 9, 750. 00+ Frt RipRap Loaded NB NB RipRap Del NB NB Fines Loaded 4. 00 80, 000. 00 Fines Del 4. 00 + Frt 6, 000. 00 + Frt Total: $ 225, 750. 00+ Frt( Incomplete) Notes: Location of material is 1953 Tom Ledbetter, Waco, TX 76712. Freight: $ 7. 00 per ton or 0. 22 per mile per ton whichever is highest. ( example: 35 miles x . 22 = 7. 70 per ton) Does not agree to piggyback Knife River Corp. So. Crushed Lmst. Loaded 8. 25 165, 000. 00 Bryan, TX 77807 Crushed Lmst. Del NB NB RipRap Loaded 31. 00 15, 500. 00 RipRap Del NB NB Fines Loaded 4. 00 80, 000. 00 Fines Del NB NB Total: $ 260, 500. 00 + Frt ( Incomplete) Notes: Location of material is 3812 FM 1633 W., Groesbeck, TX 76642. Have other Rip Rap available. Price is for non- spec crusher fines Agreed to allow piggyback Rattler Rock, Inc. Crushed Lmst. Loaded 6. 25 125, 000. 00 Blum, TX 76627 Crushed Lmst. Del NB NB RipRap Loaded NB NB RipRap Del NB NB Fines Loaded NB NB Fines Del NB NB Total: $ 125, 000. 00 ( Incomplete) Notes; Location of material is 110 HCR 1104 Loop, Blum, TX 76627. When available 3" x5" oversize $ 7. 25 per ton, I" x3" oversize $ 7. 25 per ton and blue base " untested" $ 5. 25 per ton. Agreed to allow piggyback Arcosa Aggregates Crushed Lmst. Loaded 6. 00 120, 000. 00 Ferris, TX 75125 Crushed Lmst. Del NB NB RipRap Loaded ( 3x5) 10. 00 5, 000. 00 RipRap Del NB NB Fines Loaded 3. 75 75, 000. 00 Fines Del NB NB Total: $ 200, 000. 00( Incomplete) Notes: Location of material is 16680 Moody Leon Road, Moody, TX 76557. RipRap does not meet specifications. Agreed to allow piggyback. Arnold Crushed Stone Crushed Lmst. Loaded 5. 50 110, 000. 00 Blum, TX 76627 Crushed Lmst. Del NB NB RipRap Loaded 22. 00 11, 000. 00 RipRap Del NB NB Fines Loaded 4. 00 80, 000. 00 Fines Del NB NB Total: $ 201, 000. 00( Incomplete) Notes: Location of material is 1676 HCR 1104 Loop, Blum, TX 76627. Agreed to allow piggyback. HCS, Inc. Crushed Lmst. Loaded 7. 75 155, 000. 00 Waco, TX 76705 Crushed Lmst. Del 21. 00 31, 500. 00 RipRap Loaded 27. 00 13, 500. 00 RipRap Del 50. 00 25, 000. 00 Fines Loaded 4. 50 90, 000. 00 Fines Del 21. 00 31, 500. 00 Total: $ 346, 500. 00 Notes: Location of material is Conner Crushed Stone; Whitney, Oglesby, Mexia, MS1 Ltd for Flexbase. Materials can be loaded from any of the pits. Agreed to allow piggyback. Recommendation: We recommend that McLennan County grant the award for Crushed Limestone Flexbase Stone RipRap Material or Limestone Crusher Fines Loaded or Delivered in the following manner: a. Crushed Limestone Flexbase, RipRap or Crusher Fines ( Loaded in McLennan County Trucks/ Trailers) to all bidden based on location and availability. Arnold Crushed Stone submitted the low price of$ 5. 50/ ton for Crushed Limestone Flexbase.— same price as last year; Arnold Crushed Stone submitted the low price( that meets specifications) of$ 22. 00/ ton for RipRap same price as last year; and Conners Crushed Stone submitted the low price of$ 3. 50/ ton for Fines— this is the same price as last year; and Secondarily award Crushed Limestone Flexbase to Arcosa Aggregates at a rate of 6. 00/ ton - same pride as last year; RipRap to Arnold Crushed Stone at a rate of 22. 00/ ton - a 12% decrease from last year' s secondary pricing ; and Fines to Arcosa Aggregates at$ 3. 75/ ton— same price as last year' s secondary pricing. b. Crushed Limestone Flexbase, RipRap or Crusher Fines ( Delivered)— Primary Vendor for Crushed Limestone Flexbase— Conners Crushed Stone submitted the low price of$ 6. 25/ ton+ Frt— same base price as last year— frt is $ 0. 01 per loaded ton mile higher; Primary Vendor for Rip Rap is Conners Crushed Stone at 25.00/ ton+ Frt—this is a 25% decrease from last year; and Primary Vendor for Fines is Conners Crushed Stone at $ 3. 50+ Frt— this is a 12% decrease from last year' s price. Why: 262. 027 ( e) The Commissioners court may award contracts for the purchase of road construction material to more than one bidder if each of the selected bidders submits the lowest and best bid for a particular location or type of material. See tabulation. Effective Date of Contract: March 1, 2021 thru February 28, 2022 Reviewed BY' ffal,fi etn - APPROVED BY COMMISSIONERS COURT TNI A OFfONV alp S Bid Tabulation for Bid 21- 004 Crushed Limestone Flexbase Material Loaded and Delivered March I, 2021 thru February 28, 2022 Supplier Location of Product Price/ Ton Price/ Ton Plant/ Materials Loaded Delivered Conners Crushed Stone Oglesby Flexbase 6. 25 6. 25 + Frt Mine Service, Inc. Waco Flexbase 6. 50 6. 50+ Frt Knife River Groesbeck Flexbase 8. 25 NB Rattler Rock Blum Flexbase 6. 25 NB Arcosa Aggregates Moody Flexbase 6. 00 NB Arnold Crushed Stone Blum Flexbase 5. 50 NB HCS, Inc. Whitney, Oglesby, Mexia Flexbase 7. 75 21. 00 Conners Crushed Stone Oglesby RipRap 25. 00 25. 00 + Frt Mine Service, Inc. Waco RipRap NB NB Knife River Groesbeck RipRap 31. 00 NB Rattler Rock Blum RipRap NB NB Arcosa Aggregates Moody RipRap 10. 00 NB Arnold Crushed Stone Blum RipRap 22. 00 NB HCS, Inc. Whitney, Oglesby, Mexia RipRap 27. 00 50. 00 Conners Crushed Stone Oglesby Fines 3. 50 3. 50+ Frt Mine Service, Inc. Waco Fines 4. 00 4. 00+ Frt Knife River Groesbeck Fines 4. 00 NB Rattler Rock Blum Fines NB NB Arcosa Aggregates Moody Fines 3. 75 NB Arnold Crushed Stone Blum Fines 4. 00 NB HCS, Inc. Whitney, Oglesby, Mexia Fines 4. 50 21. 00 History: Bid Tabulation for Bid 20- 008 Crushed Limestone Flexbase Material Loaded and Delivered March 1, 2020 thru February 28, 2021 Supplier Location of Product Price/ Ton Price/Ton Plant/ Materials Loaded Delivered Conners Crushed Stone Oglesby Flexbase 6. 25 12. 75 High Caliber Crushed St Valley Mills Flexbase 7. 00 NB Mine Service, Inc. Waco Flexbase 6. 25 6. 25 + Frt Rattler Rock Blum Flexbase 6. 00 NB Knife River Groesbeck Flexbase 8. 50 NB Arnold Crushed Stone Blum Flexbase 5. 50 NB Arcosa Aggregates Moody Flexbase 6. 00 NB Green Dream, Int. Waco Flexbase 6. 56 NB Central Crushed Concrete Waco Flexbase 6. 00 6. 00+ Frt Conners Crushed Stone Oglesby RipRap 25. 00 33. 50 High Caliber Crushed St Valley Mills RipRap NB NB Mine Service, Inc. Waco RipRap NB NB Rattler Rock Blum RipRap NB NB Knife River Groesbeck RipRap 31. 00 NB Arnold Crushed Stone Blum RipRap 22. 00 NB Arcosa Aggregates Moody RipRap NB NB Green Dream, Int. Waco RipRap NB NB Central Crushed Concrete Waco RipRap NB NB Conners Crushed Stone Oglesby Fines 3. 50 10. 00 High Caliber Crushed St Valley Mills Fines NB NB Mine Service, Inc. Waco Fines 4. 00 4. 00+ Frt Rattler Rock Blum Fines NB NB Knife River Groesbeck Fines 4. 00 NB Arnold Crushed Stone Blum Fines 3. 75 NB Arcosa Aggregates Moody Fines 3. 50 NB Green Dream, Int. Waco Fines 4. 20 NB Central Crushed Concrete Waco Fines NB NB JP..' ANO' C HARW_ LL, County Clerk McLennan County, Texas FILED: FEB 1 6 2021 By f.lyrcetez Govan-Perkins, Deputy Recommendation Court Date Originating Department Recommendation By Reference Number 02/ 16/ 21 Road & Bridge Ken Bass/ Luke Lammert Bid 21- 005 Background: Bid for Pit Run Gravel for McLennan County Bid First Advertised on January 14, 2021 Bids Due& Bid Opening on February 4, 2021 Recommendation to Court February 16, 2021 Respondents: Description Tons Price/ Ton Total Price Mine Service, Inc. Pit Run Gravel 12, 500 Tons S5. 50 68, 750. 00 Waco, TX 76712 Location of Gravel: 1953 Tom Ledbetter, Waco, TX 76712. Vendor does not agree to extend these prices to other agencies that have an Inter- Local agreement with McLennan County. Arcosa Aggregates Pit Run Gravel 12, 500 Tons 6. 00 75, 000.00 Waco, TX 76706 Location of Gravel: 450 Steiner Road, Waco, TX 76706 Vendor agrees to extend these prices to other agencies that have an Inter-Local agreement with McLennan County. Central Crushed Concrete Pit Run Gravel 12, 500 Tons 6. 00 75, 000. 00 Waco, TX 76703 Location of Gravel: Pendly Yard, 700 S. Loop 340, Waco, TX 76706 Other Products: Central Crushed Concrete produces TxDOT 247 Flexible Base, Type I), Grade 1- 2, which is considered an alternative to Type A Flexible Base per the 2016 TxDOT Standard Specification. Our Flexible Base also meets the specifications for Pit Run Gravel per TxDOT Item No. 247 as required by McLennan County. We also produce a Construction Rock( 3" x 5") per TxDOT Specifications. Vendor agrees to extend these prices to other agencies that have an Inter- Local agreement with McLennan County. Recommendation: We recommend that McLennan County grant the award for Pit Run Gravel for McLennan County to all vendors based on location and availability. Mine Service, Inc. submitted the lowest price of$ 5. 50/ Ton for Pit Run Gravel. This is a 10% increase from last year' s price. Effective Date: If approved the effective date of this bid will be from March 1, 2021 through February 28, 2022. Why: 262. 027 ( e) The Commissioners court may award contracts for the purchase of road construction material to more than one bidder if each of the selected bidders submits the lowest and best hid for a particular location or type of material. See tabulation. Reviewed By: History: Bidder Pit Run Gravel 12, 500 Tons Price/ Ton Total Bid Mine Service, Inc. 5. 00 62, 500.00 Arcosa Aggregates 6. 00 75, 000. 00 Lehigh Hanson 11. 00 137, 500. 00 Green Dream Intl. 5. 25 65, 625. 00 Central Crushed Concrete 6.00 75, 000. 00 Bid was granted to all vendors based on location and availability. ecommEN rr d JA.' ANDY' HARWELL, County Cleric APPRO ED BY COMMISSIONERS COURT McLennan Count', Texas TNI yOP D Nry; D E FILED: FEB i F. 2021 By Myrcetez Gowan- Perlcins, Deputy ORDER APPROVING: AUTHORIZATION OF SERVICE QUOTATION: SMITHS DETECTION( RE: X- RAY MACHINES) On this the 16 day of February, 2021, came on for consideration the matter of Authorization of Service Quotation: Smiths Detection ( re: X-Ray Machines). After discussion, Commissioner Smith made a motion to approve and it was seconded simultaneously by Commissioner Jones and Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. Service Quotation smiths detection bringing technology to life Smiths Detection 2202 Lakeside Blvd Edgewood Maryland 21040 USA T- Valid from 02- 08- 2021 Valid to 05- 08- 2021 Quotation No. 20118371 Date 02- 09- 2021 Sold to No. 310179 Sold to name MCLENNAN COUNTY AUDITOR OFFICE Sold to address 214 N. 4TH STREET SUITE 100 WACO Texas 76701 USA Smiths Contact Person Kern O' Rei0y Phone No. 254- 757. 5156 Phone No. 882- 222- 6789 Fax No. Fax No. 410- 510- 9500 Email Email kelli. oreily@smiths- detection. com Ship to No. 617660 Terms of Delivery Ship to name MCLENNAN COUNTY SHERIFFS OFFICE Payment Terms Z009 Net 30 Ship to address 501 WASHINGTON AVENUE WACO Texas 76701 USA Phone No. 254- 757- 5156 Fax No. Email Equipment Planned Service Material Warranty Serial No. Quantity 1 Service Contract Item No. Material Information Oy UoM Unit Price Total Unit Price Curt 10 Material No. 6040- IPMCM 3. 000 EA 4257. 00 12771. 00 USD Material Description 1 YEAR STD 36HR ON- SITE WIPMI I Total Unit Price 12771. uy Grand Total 12771. The grand total price of our quotation does not include pricing for alternatives and/ or options Page 1 of 2 Service Quotation smiths detection bringing tedtnology to life Smiths Detection 2202 Lakeside Blvd Edgewood Maryland 21040 USA T- Valid from 02- 08- 2021 Valid to 05- 08- 2021 Quotation No 20118371 Date 02- 09- 2021 Customer Reference No. Sold to No. 310179 Customer Reference Date Sold to name MCLENNAN COUNTY AUDITOR OFFICE RMA No. Sold to address 214 N. 4TH STREET SUITE 100 WACO Texas 76701 USA Equipment Planned Service Material Warranty Details Serial No. Quantity 1 Contract Details Additional Remarks 1 Year On- Site Service Agreement Renewal 3) HS 6040DS- SN 84178, 67384, 113333 Tenn: 2/ 18/ 2021 - 2/ 17/ 2022 ON- SITE SERVICE AGREEMENT On- Site Service Coverage 0 8:00a. m. 0 5: 00p. m. Monday 0 Friday Excluding Holidays Typical Response lime: Within 36 hours Includes All Labor, Travel Time and Travel Expenses Includes MI Replacement Parts Required 24/ 7/ 365 Call Center Technical Support One Annual Preventive Maintenance Inspection( PM!) Complete Operational and Calibration Procedure Performed Valued Customer Status 0 15% Discount On Instructor-led Training Standard Terms and This Sale is subject to Smiths Detection Terms and Conditions of Sale. All other terms and conditions are hereby Conditions expressly rejected. Smiths Detection terms and conditions are available on our website: Mtp:// wwmsmithsdelection. com/ US_tenns_ conditions. php Where applicable, this sale is contingent on Smiths obtaining the required export licenses and end user certificates. Customer ack edge( sign): Date: U /t19/ 2 X. SODTrm. Iu& I Co) M WJUbbC JA.' A`' CY' fAR; YELL. Carl)/C:erlc McLc'- an Cos-N, Texas FLED. FEB 1 g 2021 Page 2 of 2 By Myrcetez Gowan-Perkins Deputy AGENDA: FEBRUARY 16, 2021 H. Contracts, Interlocal Agreements, and Memorandums of Understanding: Purchase, Lease, or Acquisition of Goods, Equipment or Services, Including any Financing Thereof: 1. Authorization of Services Contract with Cumby Pest Control Approved re: Highway 6 Jail, Jack Harwell Detention Center, and Juvenile Detention Center) 2. Reauthorization of Current Property Use Agreement with Approved Waco Downtown Farmers Market re: Parking Lot) 3. Approval of Agreement for Right- Of-Way Acquisition Approved Services with Millard Real Estate Advisors, Inc. See after re: Panther Branch Road and North Item IL 2.) Crooked Creek Road) 4. Authorization of Industrial Business Grant Agreement Approved with Amazon. com Services LLC for Investment See after in Industrial Real and Personal Property Item L. I. c.) 5. Authorization of Services Agreement with GGA Approved Pest Management Services( re: Various See after Locations) Item H. 3.) 6. Authorization of Renewal Agreement with CorEMR, Approved L.C. ( re: Electronic Medical Records Software and License for McLennan County Jail) 7. Authorization of Agreement for Waterside Maintenance Approved with Specialty Water Treatments, LLC 8. Authorization of Customer Service Agreement with RW Approved Lone Star Security, LLC( re: Document Shredding Services for Highway 6 Jail) 9. Authorization of Interlocal Cooperative Agreement with Deferred Crawford Independent School District( re: Parking Lot Blading) 10. Regarding the Industrial Business Grant with Coca- Cola Approved Company: Authorization of Grant Payment 11. Authorization of Service Agreement with Grande Approved Communications Networks, LLC( re: Highway 6 Jail) 12. Authorization of Interlocal Cooperation Agreement Approved with the City of McGregor( re: Piggy- back on Bid with Knife River for Hot Mix and High Performance Cold Laid Asphalt) 11: 32 ORDER APPROVING: AUTHORIZATION OF SERVICES CONTRACT WITH CUMBY PEST CONTROL( RE: HIGHWAY 6 JAIL, JACK HARWELL DETENTION CENTER, AND JUVENILE DETENTION CENTER) On this the 16 day of February, 2021, came on for consideration the matter of Authorization of Services Contract with Cumby Pest Control ( re: Highway 6 Jail, Jack Harwell Detention Center, and Juvenile Detention Center). After discussion, Commissioner Smith made a motion to approve and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. Cumby Pest Control 240 West Johnson Street 1 Hewitt, Texas 76643 P:( 254) 666- 78433 Q Email: CumbyPestControl@tmail. com Quote: McLennan County Maintenance Estimate to spray baseboards and foundations of the below buildings on a monthly basis to help control ants, roaches, spiders, and other household insects. Free call backs in between services. If Subterranean termites are discovered, we will offer a free estimate for treatment. Hwy 6 Jail Kitchen— Monthly-$ 125. 00 Jail Visitation Center—Monthly-$ 75.00 Hwy 6 Jail— Monthly-$ 370.00 Jack Harwell Center— Monthly-$ 370. 00 Bill Logue Juvenile Detention Center—Monthly-$ 150.00 Estimate to check and replenish existing bait stations on exterior of buildings to help control rodents is 100. 00 per building. By signing below, you agree to the pricing above and will hold contract with Cumby Pest Control for the next 12 months. Services starting January 2021 through January 2022. McLennan County Rep. Scots M• Feurecezthitri) j 1110/ Z1 Date JA.' ANDY- HARWELL. County Cleric McLennan County, Texas FILED: FEB 1 6 2021 By Myrcetez Gowan- Perkins. Deputy ORDER APPROVING: REAUTHORIZATION OF CURRENT PROPERTY USE AGREEMENT WITH WACO DOWNTOWN FARMERS MARKET RE: PARKING LOT) On this the 16 day of February, 2021, came on for consideration the matter of Reauthorization of Current Property Use Agreement with Waco Downtown Farmers Market ( re: Parking Lot). After discussion, Commissioner Jones made a motion to approve and it was seconded simultaneously by Commissioner Miller and Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Reauthorization be, and the same is hereby, approved by unanimous vote. REAUTHORIZATION OF THE CURRENT PROPERTY USE AGREEMENT WITH WACO DOWNTOWN FARMERS MARKET WHEREAS, on February 21, 2017, the Waco Downtown Farmers Market and McLennan County executed a Property Use Agreement; and WHEREAS, that Agreement, in Section I, provided for an initial term beginning on the date of the Agreement, and continuing for one year; and WHEREAS, that Agreement was reauthorized for additional one year terms through February 20, 2020; and WHEREAS, the Farmers Market will continue to be displaced from its " home" for a lengthy period due to the riverfront development; and WHEREAS, the Farmers Market has operated in the parking lot located at 500 Washington Ave. for several years and continues to attract large crowds, further enhancing the quality of life of McLennan County residents; and WHEREAS, during the initial and additional term, the Farmers Market followed the established rules and no major issues or conflicts were encountered with their use of the parking lot; and WHEREAS, both parties wish to renew the Agreement for an additional one year term ( February 21, 2021 through February 20, 2022); NOW, THEREFORE, IT IS AGREED TWIT the Property Use Agreement with Waco Downtown Farmers Market is hereby re- authorized and continued for the period effective February 21, 2021 through February 20, 2022, under the same terms and conditions as the original Agreement. McLennan County, Texas Waco Downtown Farmers Market By L By colt M. Felton, County Judge Executive Director 2—' ZI Date: Zll(O/ LI Date: 120 Attest: J. A. " Andy" HARWELL, County Clerk McLennan County, Texas By{ O2t 7. 04.6,1d eputy ounty le JA.' ANDY' HARWELL, County Clerk McLennan Couny, Texas FILED: FEB 1 s 2021 By t.tyrcetez Gowan- Perkins, Deputy The Court went to Item H. 5. Authorization of Services Agreement with GGA Pest Management Services( re: Various Locations). ORDER APPROVING: AUTHORIZATION OF SERVICES AGREEMENT WITH GGA PEST MANAGEMENT SERVICES( RE: VARIOUS LOCATIONS1 On this the 16 day of February, 2021, came on for consideration the matter of Authorization of Services Agreement with GGA Pest Management Services ( re: Various Locations). After discussion, Commissioner Perry made a motion to approve and it was seconded simultaneously by Commissioner Miller and Commissioner Smith. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. are, GGA Waco: ( 254) 666- 3439 aitPest Management 254) 773- 3802 kTemple:r Services Toll Free: ( 800) 924-(3160 1904 Franklin Ave., Ste. 100 • Waco, TX 76701 CUSTOMER SERVICE LOCATION Mg-Leman Cotuth sv_ d u STREET 14 N 44± Sl,^ Q fioaches 9' Rats\ Sheri O ' ct / Ants( Except Carpenter Ants) 0 Carpenter Ants D6 nts( Except Carpenter Ants) Mice Ong t Roaches 0 Fleas LYjilverfish 0 Fleas fiRels tit eXtIs Dir 0 Ticks wScorpionss 0 Carpenter Ants I'Mice( Other 1 Vey lwtther 5p'aCr'SK_ 0 Other Other San',it 0 Other jX Waits P5rosun Reth se f514ck Widows TERMS AND CONDITIONS: Pesticides used will conform to Federal. State and Local ordinances and regulations, and will be used in a sate manner consistent with the label and good pest management practices. Copies of labels of products used will be given to the customer upon written request. All areas requiring attention will be treated at each visit. Services will be performed at mutually agreeable times to cause minimal disruption to employer andfor those within the premises. Low- odor materials will be used whenever possible. Rodent trapping equipment lost or destroyed at the premises will be replaced and charged to the customer at the replacement cost at that time. The customer agrees to cooperate with personnel of GGA Pesl Management ServIces,( GGA) to insure effective pest control service, and to take , reasonable and necessary steps to coned conditions conducive to pest breeding and harborage when requested in writing by GGA. GGA is not responsible for insect or rodent damage to the structure or Its contents. Call- backs to the site by persons d authority will be honored as quickly as possible, and . will 0 wIll not be free as apart of this agreement. SPECIAL INSTRUCTIONS'.' Ein nO I 2 O a I Rotavai c Vast Cat I / R oL. v l- 1le.eh-S sCC aluchvno.- - Fa.. Ioc o'' s sewice- Schcjv,lt- • SERVICE RENEWAL: This agreement will be effective for one year, and will renew itself annually unless either party cancels this agreement by giving thirty days written notice before any expiration date. e shagte r duced for full annual payment in advance. I nual Agreement Charge 4141. ' By Company ( a. I. . J. V Date_)` f 31 IZ) I so SNAATWEI initial Service Charge S Monthl / Quarts dY PaymentsY ments For Customer _ we...... ,. sae ZAbbt s stonr ft' ' r -MM7r1• JLo(•0.S Texas Pesl Control License No. 6566. Licensed and regulated by the Texas Department of Agriculture( TDA). Structural Pest Control Services( SPCS). P. O. Box 128E7, Austin. TX 76711- 2847. Tel: ( 512) 305- 8250 or( 866) 918. 4481. The board has jurisdiction over individual' s liicensesunder the Structural Pest Control Act McLennan County Pest Control 2021 Renewal Location Service Frequency Service Cost Annual Cost County Courthouse- Termite Annually 429.00 $ 429.00 Prec 2 Office Quarterly 95. 00 $ 380. 00 Records Bldg Quarterly 95.00 $ 380.00 Annex Bldg Quarterly 95. 00 $ 380.00 Adult Probation Quarterly 95.00 $ 380.00 County Courthouse- Pest Quarterly 95.00 $ 380.00 Sheriffs Office Quarterly 358. 00 $ 1, 432. 00 Archives Bldg Quarterly 95. 00 $ 380.00 4, 141. 00 JA.' ANDY- HARWELL, County Clek McLennan County, Texas FILED: FEB 1 g 2021 By Myrcetez Gowan- Perkins, Deputy ORDER APPROVING: AUTHORIZATION OF RENEWAL AGREEMENTWITH COREMR, L.C.( RE: ELECTRONIC MEDICAL RECORDS SOFTWARE AND LICENSE FOR MCLENNAN COUNTY JAILI On this the 16 day of February, 2021, came on for consideration the matter of Authorization of Renewal Agreement with CorEMR, L.C. ( re: Electronic Medical Records Software and License for McLennan County Jail). After discussion, Commissioner Jones made a motion to approve and it was seconded by Commissioner Smith. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. ORDER APPROVING: AUTHORIZATION OF AGREEMENT FOR WATERSIDE MAINTENANCE WITH SPECIALTY WATER TREATMENTS, LLC On this the 16 day of February, 2021, came on for consideration the matter of Authorization of Agreement for Waterside Maintenance with Specialty Water Treatments, LLC. After discussion, Commissioner Jones made a motion to approve and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. SPECIALTY WATER TREATMENTS, L.L.C. 109 Dalgoner Ln. Temple, Texas 76502 Phone: ( 254) 722- 4612, E- Mail: robertseeger0® gmaiLcom AGREEMENT FOR WATERSIDE MAINTENANCE, 2021 To: McLennan County Attn: TJ Date: 2/ 9/ 2021 214 N. 41h St.# 100 Waco, TX. 76701 Specialty Water Treatments, L.L. C. agrees to provide a complete program of waterside maintenance which covers chemical, chemical feeders and control equipment, laboratory analysis, annual inspections and tube brushing, specified chemical cleanings, cooling tower cleanings, and written reports of all services. This agreement specifies which of these services are to be provided by Specialty Water Treatments and which are to be provided by the owner. AGREEMENT Specialty Water Treatments will provide for a period of one year the water maintenance services described herein, where upon the services will be provided monthly thereafter. After one year, either party may terminate the Agreement upon thirty ( 30) days notice. At all times, all chemicals and leased equipment used in the performance of this Agreement remain the property of Specialty Water Treatments. The services described herein shall be provided at the following prices: Monthly Annually Main System Tower, 525. 00 6300.00 Main System Chill Loop, 145. 00 1, 740. 00 Archives Chill Loop, 55.00 660.00 Archives Boiler# 1 50. 00 600. 00 6- Hot loops; 35. 00 420. 00 Courthouse, Records, Jail, Archives Bld.( 1a& 2od Floor), Annex, Sheriff Dept. chill& hot 85. 00 1020. 00 Total( tax exempt) 895. 00 10, 740.00 GUARANTEE: Should any condenser or boiler become fouled by calcium carbonate scale during the life of this agreement, and providing the Owner has discharged its responsibilities, then Specialty Water Treatments will chemically clean the system at no additional charge. Specialty Water Treatments further agrees that all chemicals shall comply with applicable laws and guidelines regulating effluent pollution. Specialty Water Treatments makes no other guarantees and accepts no other liabilities. ia b/. Accepted by:%/ k Date: 2/ I if/ 2- 1 m . F L.lo S , came( JUoc~ SPECIALTY WATER TREATMENTS, L.L.C. 109 Dalgoner Ln. Temple, Texas 76502 Phone: ( 254) 722- 4612, E-Mail: [email protected] AGREEMENT FOR WATERSIDE MAINTENANCE, 2021 To: McLennan County Attn: Ti Date: 2/ 9/ 2021 214 N. 4t° St. # 100 Waco, TX. 76701 Specialty Water Treatments, L.L.C. agrees to provide a complete program of waterside maintenance which covers chemical, chemical feeders and control equipment, laboratory analysis, annual inspections and tube brushing, specified chemical cleanings, cooling tower cleanings, and written reports of all services. This agreement specifies which of these services are to be provided by Specialty Water Treatments and which are to be provided by the owner. AGREEMENT Specialty Water Treatments will provide for a period of one year the water maintenance services described herein, where upon the services will be provided monthly thereafter. After one year, either party may terminate the Agreement upon thirty ( 30) days notice. At all times, all chemicals and leased equipment used in the performance of this Agreement remain the property of Specialty Water Treatments. The services described herein shall be provided at the following prices: Monthly Annually Main System Tower, 525. 00 6300. 00 Main System Chill Loop, 145. 00 1, 740. 00 Archives Chill Loop, 55. 00 660. 00 Archives Boiler# 1 50. 00 600. 00 6- Hot loops; 35. 00 420. 00 Courthouse, Records, Jail, Archives BId.( 1"& god Floor), Annex, Sheriff Dept. chill& hot. 85. 00 1020. 00 Total( tax exempt) 895. 00 10, 740. 00 GUARANTEE: Should any condenser or boiler become fouled by calcium carbonate scale during the life of this agreement, and providing the Owner has discharged its responsibilities, then Specialty Water Treatments will chemically clean the system at no additional charge. Specialty Water Treatments further agrees that all chemicals shall comply with applicable laws and guidelines regulating effluent pollution. Specialty Water Treatments makes no other guarantees and accepts no other liabilities. Accepted by: Date: SERVICES RENDERED IN CONNECTION WITH ALL SYSTEMS Specialty Water Treatments will make a service call on your system at least once per month during seasonal operation, or as noted in system breakdown below. Our Technician will order necessary chemicals, fill chemical feed tanks, service the chemical feeding equipment, analyze the water of each system, make necessary adjustments in the rate of chemical feed and any special treatment necessary, check and adjust bleed- off and blow down apparatus, and prepare a written Service Report. You will receive a copy of this Service Report which you should read. Make decisions on recommendations, and then file. We are always available by telephone for consultation with management or operating personnel if questions arise. Our Technician will make additional service calls on request if the system becomes fouled or the feeding equipment needs repair. Specialty Water Treatments will accept no responsibility or liability for work or services performed by any other company. COOLING TOWER-CONDENSOR SYSTEMS COOLING TOWER CONDENSOR SYSTEMS shall be chemically treated by Specialty Water Treatments for the control of scale, corrosion, and biological growths. The chemical program shall be serviced 2 times per month average during its seasonal use. The system to be treated has a total of n/ a tons of cooling. The price for treatment is $ 6, 300. 00 annually, 525.00 monthly. EQUIPMENT: chemical feed pumps and control equipment ( leased/ purchased) from Specialty Water Treatments: N/ A Plumbing and electrical work required shall be ( 1) supplied by Specialty Water Treatments as part of( leased)( purchase) price or( 2) supplied by owner. N/ A Specialty Water Treatments can warranty no contract that has less than two service visits per month or the minimum automation of one chemical pump per condenser water system. COOLING TOWER INSPECTION AND CLEANING. It is recommended that at least once each year the cooling tower should be cleaned, including the removal of evaporative and biological growths from slats, spray nozzles, and screens. The tower shall be inspected for corrosion, wood decay, and leaks. If cleaning done by Specialty Water Treatments, a written report shall be made on the tower' s condition and needed waterside repairs. Work to be performed by ( Specialty Water Treatments for the price of$( N/ A per tower) or( by owner). CONDENSER INSPECTION AND BRUSHING BY OWNER At least once each year the heads of each condenser should be removed and the tubes brushed. Work to be performed ( by Specialty Water Treatments for the price of$ N/ A) or( by owner). After brushing, the condenser shall be inspected and if hard scale is present, the condenser shall be chemically cleaned by Specialty Water Treatments at no charge. CLOSED SYSTEMS CLOSED SYSTEMS shall be chemically treated for the control of corrosion. The chemical program shall be serviced I time per month average during its seasonal use. The systems to be treated are ( Chill Water System), ( Hot Water System), ( Combined Chill and Hot Water System), or( Closed Loops). The price for treatment is $ 3,840.00 annually, $ 320. 00 monthly. WHERE A LOW TREATMENT LEVEL condition persists in Closed System, it means that the system is really not closed but leaking excessively. Leaks cause corrosion by letting the treatment out and the oxygen in. Continuous fresh make- up water carries oxygen into the system and caused oxygen pitting. Operation personnel must repair leaks promptly. If make- up to a closed system exceeds 25% per month, the system must be treated as a semi- open system requiring continuous chemical feed. This will increase the costs of chemical and/ or contract to the owner. Otherwise the system will receive no treatment during the course of the contract at no liability to Specialty Water Treatments. EQUIPMENT: Chemical feed pumps, control, or filtration equipment ( leased) ( purchased) from Specialty Water Treatments: N/ A Plumbing and electrical work required shall be( 1) supplied by Specialty Water Treatments as part of the ( leased)( purchase) price or( 2) supplied by owner. N/A CLOSED SYSTEM INSPECTION AND CLEANING BY OWNER. It is recommended that at least once each year the hot water Boiler or Converter should be opened and the waterside brushed or power sprayed to clean. After cleaning, the boiler should be inspected and a written report made on the waterside condition and needed repairs. At least once each five years the heads of the chiller should be removed and the tubes brushed. After brushing, the chiller should be inspected and a written report made on the chiller' s waterside condition and needed repairs. At least once every three to five years the owner should contract to have the Closed System chemically cleaned for removal of dirt and other harmful deposits brought into the system by the make- up water. STEAM BOILER AND CONDENSATE SYSTEMS STEAM BOILER AND CONDENSATE SYSTEMS shall be chemically treated by Specialty Water Treatments for the control of scale and corrosion. The Boiler total N/A HP,( BTU/HR). The chemical program shall be serviced at least once per month average during its seasonal use. The price for treatment is $ 600. 00 annually,$ 50. 00 monthly. EQUIPMENT: chemical feed pumps and control equipment ( leased/ purchased) from Specialty Water Treatments. N/ A Plumbing and electrical work required shall be ( 1) supplied by Specialty Water Treatments as part of( lease) ( purchase) price or ( 2) supplied by owner. N/ A Specialty Water Treatments can warranty no steam boiler system contract with less than two ( 2) services visits per month. STEAM BOILER INSPECTION AND CLEANING BY OWNER. At least once each year the steam boiler should be opened and the waterside brushed or power sprayed to clean by owner. Specialty Water Treatments at no additional charge, will inspect the boiler and if hard scale is present, will chemically clean the boiler at no additional charge. REPAIR SERVICE REPAIR SERVICE: Specialty Water Treatments will test, inspect, and repair, as needed, chemical feed pumps and electronic control systems on each service call. Specialty Water Treatments will make a nominal charge for parts and labor in the repairing of owner' s equipment. DUTIES OF OWNER OPERATING MANAGEMENT (OWNER) - To provide an adequate waterside maintenance program and obtain the maximum performance and life from your thermal water systems, operating personnel of your Company must assist Specialty Water Treatments by performing the following services. a. Assist our technician by seeing that the bleed- off is kept open. b. Perform regular blowdown on boilers if required. c. Occasionally add special chemical treatment if so required. The weekly treatment of biological growth with various algaecides and biocides should be carried out by fully automatic biocide feed systems. However, Operating Management can control most algae problems by simply covering the cooling tower since sunlight allows the growth of algae. d. Assist in the preparation of boilers for standby period each year to prevent corrosion. NOTE: Operating management should make sure that they have Operating Manuals on each piece of equipment and follow the recommended schedule and procedures. Specialty Water Treatments will supply information on other maintenance procedures upon request. CORROSION Should chemical cleaning be necessary, Specialty Water Treatments will perform such work under the following conditions: a. cleaning solution will be inhibited and controlled so as to minimize metal loss of copper, mild steel, iron and certain grades of brass b. other metal should be removed from the system if they contain zinc or aluminum; good red brass valves have the same corrosion rate as copper, but light brass with a high zinc content should be removed c. it is understood that when scales and deposits are removed, leaks in the system or equipment may be discovered d. Specialty Water Treatments will not be responsible for any leaks or holes that may become apparent during the cleaning cycles, or any damage that might occur to walls, floors, painted surfaces or any items that may be damaged as a result of such leaks e. Specialty Water Treatments will supply all chemicals, equipment and personnel for the cleaning program, but it will not supply electrical power, water or heat JA.' ANDY" HARWELL, County Ce,rk McLennan Couny, Texa; FILED: FEB i 6 2021 By Myrcetez Gowan- Perkins Deputy ORDER APPROVING: AUTHORIZATION OF CUSTOMER SERVICE AGREEMENT WITH RW LONE STAR SECURITY. LLC( RE: DOCUMENT SHREDDING SERVICES FOR HIGHWAY 6 JAILI On this the 16 day of February, 2021, came on for consideration the matter of Authorization of Customer Service Agreement with RW Lone Star Security, LLC( re: Document Shredding Services for Highway 6 Jail). After discussion, Commissioner Smith made a motion to approve and it was seconded simultaneously by Commissioner Jones and Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. S i RW Lone Star Security, LLC 2904 S. General Bruce Drive Temple, Texas 76504 r2 T:( 254) 774- 9536 F:( 254) 774- 9587 f „1 Si= Web: rwlonestar. com G SSA . ./ cr rr 0z RW LONE STAR SECURITY, LLC CUSTOMER SERVICE AGREEMENT AGREEMENT This CUSTOMER SERVICE AGREEMENT ( the " AGREEMENT') is between RW Lone Star Security, LLC ( RW LONE STAR) and McLennan County (" CUSTOMER). Both parties agree to the following terms listed on this and the following page. Service Address: Billing Address: ( If Different) Street: 3103 E. Highway 6 Street: 214 N. 4"' Street, Suite 100 City/ State/ Zip: Waco, Texas 76705 City/ State/ Zip: Waco, Texas 76701 Phone: ( 254) 759- 5901; ( 254) 759- 5628 Phone: ( 254) 757- 5156 Contact: Becky Stephens Contact: Missy Niles E- Mail: becky.stephens@co. mclennan. tx.us E- Mail: missy. niles@co. mclennan. tx. us Office Hours: 8:00 am —5: 00 pm Monday-Friday Notes: Accounts Payable- Missy Per Service/ Additional Item Quantity Visit Charge Containers Frequency 96-Gallon Tote 2 99 40 4 Weeks Notes: Minimum Stop Fee: $ 99. 00 1. RW LONE STAR will deliver lockable security containers and keys to the CUSTOMER site at no additional charge for the collection and storage of the CUSTOMERS confidential materials. RW LONE STAR will securely shred said confidential material, and provide the CUSTOMER, in electronic format, with a " Certificate of Destruction' at end of each month for service performed. 2. Services described in this Agreement shall be provided for a period of one( 1) year from the Effective Date. 3. Both parties reserve the right to cancel this Agreement for reasons of non- performance or noncompliance if a reasonable and acceptable resolution cannot be reached. A sixty ( 60) day written notice must be given prior to cancellation. 4. The CUSTOMER acknowledges that all delivered containers and keys remain the property of RW LONE STAR and in the event any are lost, damaged or destroyed by any means, the CUSTOMER will pay for the listed containers at a replacement rate of$ 100 per container and/or$ 3 per key. Effective Date: 2/ 4/ 2021 RW LONE STAR: y/ t:: nature: bN Authorized Signal e: Print: SCot•s. II • c% uvr)) Copan JucC7e Print: 2/ c(p/f2l a • Service: RW LONE STAR warrants that the destruction service will be completed exclusively on- site, unless specified otherwise, on a predetermined schedule by trained, insured, and certified Customer Service Professionals in compliance with the company' s current NAID policies and procedures. The CUSTOMER hereby authorizes and directs RW LONE STAR to destroy all documents and other materials furnished to RW LONE STAR pursuant to this Agreement. The CUSTOMER hereby informs RW Lone Star pursuant to the Fair and Accurate Credit Transaction Act(' FACTA•). that from time to time the documents and material furnished to RW LONE STAR may contain consumer information controlled by the FACTA disposal rule. Change of Service: CUSTOMER may change the frequency of service or the number of security containers provided at its locations( s) by notice to RW LONE STAR. In the event of such a change, RW LONE STAR reserves the right to increase or decrease the fee for its service to CUSTOMER. Responsibilities: RW LONE STAR may act in reliance upon any instruction, instrument, or signature reasonably believed by RW LONE STAR to be genuine, and may assume that any of CUSTOMER' s employees or any employee of CUSTOMER' s affiliates or subsidiaries giving any notice, request, or instruction has the authority to do so. CUSTOMER shall be responsible for, and warrant compliance with, all contractual restrictions and all applicable laws, rules and regulations, including but not limited to environmental laws and contractual restrictions and laws governing the confidentiality, retention, and disposition of information contained in any materials delivered to RW LONE STAR. RW LONE STAR shall comply with applicable laws, statutes, regulations, and ordinances. CUSTOMER shall cooperate with RW LONE STAR with regard to the performance of the Services, subject to normal security requirements and in a manner that is not unnecessarily disruptive to CUSTOMER's business operations, by providing to RW LONE STAR such information, data, access to premises, management decisions and approvals as may be reasonable to permit RW LONE STAR to perform the Services hereunder. CUSTOMER shall not deliver to RW LONE STAR any material considered toxic or dangerous to persons, property, or machinery, including any large metal objects, or which is regulated under any federal or state law or regulation relating to hazardous materials. In the event of the accidental or negligent custodial transfer of hazardous or regulated waste, including bio- hazard, CUSTOMER agrees to arrange to appropriately, safely, and legally assume custody of such hazardous materials at their expense. Service fees: The CUSTOMER agrees to pay in full, all service fees related to the service description listed on this Agreement within thirty( 30) days of receiving an invoice from RW LONE STAR. My outstanding balance on the CUSTOMER' s account for a period in excess of thirty( 30) days after the posted Due Date will be charged an interest fee of 1. 5% per month or 18% per annum. All return checks will incur a$ 35 fee. Any scheduled service stop made by RW LONE STAR during CUSTOMER' s Office Hours listed in this Agreement at which RW LONE STAR is unable to provide service to CUSTOMER due to the closure of the office or similar reasons, except for standard holidays, will incur a Minimum Stop Fee of$ 99. Term of Agreement The Agreement takes effect on the' Effective Date' listed herein and will remain in effect for a period of one( 1) year. Upon termination by either party, CUSTOMER will pay RW LONE STAR all outstanding balances for services performed by RW LONE STAR prior to termination of the Agreement. If either the CUSTOMER or RW LONE STAR breathes this Agreement by failing to perform any of their respective obligations under this Agreement, the non- breaching party reserves the right to suspend performance of its obligations under this Agreement and/ or to terminate this Agreement, after providing the other party with notice and a reasonable opportunity to cure said breach, by providing 60 days written notice of termination to the party in default. No amendment to this Agreement or waiver of the rights or obligations of either party is effective unless in writing signed by the parties. This Agreement contains the entire Agreement and understanding of the parties concerning the subject matter of this Agreement. The undersigned warrants that( s) he is authorized to bind their respective companies by their signature. This Agreement will be binding on the successors and assigns of each party. Should the ownership, management, or agency of either party change during the duration of this Agreement, the new ownership, management, or agency shall be bound to the terms outlined in this Agreement. Excused Performance: RW LONE STAR will not be in breach for failure to comply with provisions of this Agreement where RW LONE STAR' s failure is due to circumstances beyond RW LONE STAR' s reasonable control including without limitation weather, strikes, wars, riots, civil commotion, fires. natural disasters and acts of government. CUSTOMER assumes exclusive and full responsibility for the security of its documents and sensitive and proprietary materials deposited in the security containers until such time documents and materials are furnished to RW LONE STAR for destruction. JA.' AN DY" HAR' A' ELL, CoJnty C' erk McLennan Cony, Texas FILED: FEB 16 2021 By Myrcetez Gowan- Perkins, Deputy ORDER DEFERRING: AUTHORIZATION OF INTERLOCAL COOPERATIVE AGREEMENT WITH CRAWFORD INDEPENDENT SCHOOL DISTRICT (RE: PARKING LOT BLADING) On this the 16 day of February, 2021, crone on for consideration the matter of Authorization of Interlocal Cooperative Agreement with Crawford Independent School District (re: Parking Lot Blading), After discussion, Commissioner Perry made a motion to defer and it was seconded by Commissioner Smith. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, deferred by unanimous vote. ********"'"'*"'• "'*•• .,,. *** ORDER APPROVING: AUTHORIZATION OF GRANT PAYMENT RE: THE INDUSTRIAL BUSINESS GRANT WITH COCA- COLA COMPANY On this the 16 day of February, 2021, came on for consideration the matter of Regarding the Industrial Business Grant with Coca- Cola Company: Authorization of Grant Payment. After discussion, Commissioner Miller made a motion to approve and it was seconded simultaneously by Commissioner Smith and Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. January 31, 2021 Dustin Chapman McLennan County Judge' s Office 501 Washington Avenue Waco, TX 76701 RE: Business Grant 2018- 228 The Coca- Cola Company 8400 Imperial Drive, Waco Dear Mr. Chapman: As required by Section 1. 2. 1 of The Agreement for Business Grant Between The City of Waco and The Coca- Cola Company with which became Exhibit A in the Agreement for Industrial Business Grant Between McLennan County and The Coca- Cola Company For Investment in Industrial Real and Personal Property, The Coca- Cola Company respectfully files the following acknowledgement that it has met its investment and employee obligations for the year 2020. As part of this acknowledgement, we are including an employee roster and proof that are property taxes for 2020 have been paid in full and are not under protest. Per Exhibit A Section 2. 1. 1 and 2. 1. 3, we are requesting the real property incentive grant of 40% of the taxes paid to McLennan County on the increase of the taxable value resulting from improvements over the base year 2017. We are providing the roll value history from the McLennan County Appraisal District for real property account 145685. The 2017 value of improvements is$ 22, 964, 070 and the 2020 value is $ 25, 472, 610. We are requesting our grant of$ 4, 703. 20 ( 40% of the increased value of 2, 508,540 at the Mclennan County tax rate of. 4687190%). Additionally, for Business Grant 2018- 228, we are requesting our personal property investment grant of 50% of the taxes paid to the City of Waco on the increase in the taxable value resulting from the personal property improvement. We are providing the roll value from the McLennan County Appraisal District for personal property account 400779 which was the newly created account for the Tea/ Fairlife assets. The value for 2020 is $ 9, 629, 210. We are requesting our grant of$ 22, 566. 97 ( 50% of the 9,629, 210 value at the City of Waco rate of .7762320%). Please feel free to contact me at 404- 676-8711 or ithomosonC@coca-cola. com. Sincerely Jenni Thompson 1 40% of Transaction Tax Manager AY(> ItAact%s YAW 1Q3 2D APPROVED BY COMMISSIONERS COURT enclosures THIS AY Fee, 20.&._ C TY JUDGE 0 Al / 3 est AI 0 4- 4 IN o en en 0 0* 0 \ 0 \ W 3 oo j up In k NO \ 294o. AII 2 I-. 0 x e1 § E Mi k 00 U \ CC 1 22 z o 1. § oo z § zle § ; o 2 8 § 2 > k 2020 TAX STATEMENT itr, \ i RANDY H. RIGGS, CPA, PCC MCLENNAN COUNTY TAX-ASSESSOR COLLECTOR P. O. BOX 406 WACO, TEXAS 76703 Certified Owner: Legal Description: COCA COLA COMPANY TEXAS CENTRAL IND BLOCK 10 LOT 1 ACRES PROPERTY TAX DEPT.- NAT 6 70. 0 PO BOX 1734 ATLANTA, GA 30301 Legal Acres: 70. 0000 Account No: 36- 266000- 002700- 9 Appr. Dist No.: 1456S5 Parcel Address: 8400 IMPERIAL DR As of Date: 01/ 05/ 2021 Print Date: 01/ 05/ 2021 Market Value Appraised Assessed Capped Homesite Agricultural Non- Qualifying Value Market Value Value Land Improvement Value Value Value 3, 049, 200 S25, 472, 610 S28, 521, 810 28,521, 810 SO SO SO 528, 521, 810 Assessed Exemptions Taxable Tax Taxing Tax Unit Value( 100%) Code Amount Value Rate COUNTY OF MCLENNAN 28, 521, 810 I 0.00 S28, 521, 810 0.4687190 $ 133, 687. 14 329. 729. 99 MCLENNAN COMMUNITY COLLI S28, 521, 810 0.00 28, 521, 810 0. 1497820 $ 42, 720. 54 MIDWAY 1SD 28, 521, 810 0.00 28, 521, 810 1. 2364000 $ 352, 643. 66 City of Waco 28, 521, 810 0.00 28, 521, 810 0.7762320 $ 221, 395. 42 337 117 05 Total Tax: 750, 446. 76 Total Tax Paid to date: $ 750, 446. 76 Exemptions: Total Tax Remaining: 0.00 AMOUNT DUE IF PAID BY: 02101/ 2021 0% 03/01/ 2021 7% 03/ 31/ 7021 9% 04O02021 11% 0551/ 2021 13% 0613192021 15% S0. 00 S0.00 S0. 00 S0. 00 50. 00 50.00 PLEASE CONTACT OUR OFFICE AT 254- 757-5130. School Information: MIDWAY ISD 2020 M& O. 966400001& 6 27000000 Total 1. 2364000 2019 M& O. 97000000'& S 18000000 Total 12500000 4. 1. 69 PLEASE CUT AT THE DOTTED LINE AND RETURN THIS PORTION WITH YOUR PAYMENT. Print Date: 01/ 05/ 2021 @ PLEASE NOTE YOUR ACCOUNT NUMBER ON YOUR CHECK AND MAKE CHECKS PAYABLE TO: t'` `'• qr..dr MCLENNAN COUNTY TAX OFFICE P. O. WACO, TXTX 76703 1111l l[ 1 91[ 1 11 9111111111[ 1 I 254) 757- 5133,( 254) 757-5134,( 254) 757-5130 3 6 2 6 6 0 0 0 0 0 2 7 00 9 36- 266000- 002700- 9 AMOUNT PAID: COCA COLA COMPANY PROPERTY TAX DEPT.- NAT 6 S PO BOX 1734 ATLANTA, GA 30301 0000145685161 000000000000 000000000000 5 2020 TAX STATEMENT RANDY H. RIGGS, CPA, PCC MCLENNAN COUNTY TAX- ASSESSOR COLLECTOR P. O. BOX 406 WACO, TEXAS 76703 Certified Owner: Legal Description: COCA COLA COMPANY MERCH INV, FURN. FIX& EQUIP., PROPERTY TAX DEPT- NAT6 MACH INERY, OTHER PO BOX 1734 ATLANTA, GA 30301- 1734 Legal Acres: . 0000 Account No: 36- C12927- 5 Appr. Dist. No.: 303638 Parcel Address: 8400 IMPERIAL DR As of Date: 01/ 05/ 2021 Print Date: 01/ 05/ 202I Market Value Appraised Assessed Capped Homesite Agricultural Non- Qualifying Value Value Market Value Value Land Improvement Value Value 0 80, 628, 970 S80, 628, 9701 80, 628, 970 S01 0 SO S80, 628,970 Exemptions Taxable Tax Taxing Assessed Tax Unit Value( 100%) Code Amount Value Rate COUNTY OF MCLENNAN 80, 628, 970 FRP, ABT, POL 6,755, 149. 00 73, 873, 821 0. 4687190i $ 346, 260. 64 S77. 003. 12 MCLENNAN COMMUNITY COLL! 80, 628, 970 POL 209, 658. 00 80,419, 312 0. 1497820 $ 120, 453. 65 MIDWAY ISD 80, 628, 970 POL 209, 658. 00 80, 419, 312 1. 2364000 $ 994, 304. 37 City of Waco 80, 628, 970 FRP, ABT, POL 6,755, 149. 00 73, 873, 821 0. 7762320 $ 573, 432. 24 396 706 00 Total Tax: 2. 034, 450. 90 Total Tax Paid to date: $ 2, 034, 450. 90 Exemptions: Total Tax Remaining: 0.00 POL POLLUTION CONTROL FRP FREEPORT ART ABATEMENT AMOUNT DUE IF PAID BY: 02/ 012021 0% 03/ 012021 7% 03/31/ 202I 9% 04/30/ 2021 II+ up to 20% 05/31/ 2021 13+ up to 20% 06/30/ 2021 15+ up to 20% 0.00 0.00 0.00 0.00 0. 00 0. 00 PLEASE CONTACT OUR OFFICE AT 254- 757- 5130. Information: rboolIDWAY ISD 2020 M& O. 966400001& S. 27000000 Total 1. 2364000 2019 M& O. 97000000 I& S 28000000 Total 1. 2500000 4. 1. 69 PLEASE CUT AT THE DOTTED LINE AND RETURN THIS PORTION WITH YOUR PAYMENT. Print Date: 01/ 05/ 2021 t 0 ON YOUR CHECK AND MAKE CHECKS PAYABLE TO: Ili PLEASE NOTE YOUR ACCOUNT NUMBER t MCLENNAN COUNTY TAX OFFICE P. O. BOX W ACO. TX 767037 111111111111111111111111111 254) 757- 5133,( 254) 757- 5134,( 254) 757- 5130 3 6 C 1 2 9 2 7 5 + 36- C12927- 5 AMOUNT PAID: COCA COLA COMPANY PROPERTY TAX DEPT- NAT6 PO BOX 1734 ATLANTA, GA 30301- 1734 0000303638161 000000000000 000000000000 8 JA.' ANDY'McLennan HARW' County,ELL, County Texas C\erk F\ IEO1 FEB 1 6 2021 By tdy rCetezDeputy GOwan- Peenins, ORDER APPROVING: AUTHORIZATION OF SERVICE AGREEMENT WITH GRANDE COMMUNICATIONS NETWORKS. LLC fRE: HIGHWAY 6 JAIL1 On this the 16 day of February, 2021, came on for consideration the matter of Authorization of Service Agreement with Grande Communications Networks, LLC ( re: Highway 6 Jail). After discussion, Commissioner Jones made a motion to approve and it was seconded by Commissioner Smith. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. 1 r t LISA FETSCH INFORMATION TECHNOLOGY DEPARTMENT DIRECTOR t. ) 500 COLUMBUS AVENUE INFORMATION TECHNOLOGY 1 WACO, TEXAS 76701- 1388 MCLENNAN COUNTY 254) 757- 5164 February 9, 2021 Re: Service Agreement with Grande Communications at Highway 6 Jail To the Honorable Commissioners Court: Currently the video-conferencing system at the Highway 6 Jail operates over a T1 internet connection, implemented by Wayne Canaday in 2014. I have confirmed with the current provider, Windstream, that we are no longer under a termed agreement and can discontinue services. We are paying approximately 314/ month for this outdated and limited technology. The Information Technology department has acquired the attached Grande Communications quote for a 10mb dedicated internet service to support the video- conferencing system. This is a 36- month term at 250/ month. This should result in an annual savings of$ 768 over the current provider. This bandwidth upgrade should also improve the audio/ video streaming quality for the connected parties. I am submitting this request to change service providers, for your approval. Re17spectfully, 1/ Lisa Fetsch APPROVED BY COMMISSIONERS COURT OF - 20-" 1 THIS AY COUNTY E to IN 6. 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Y 3 03) 0 N O. 0 m m d d A ei C 1 L y r` V d N c N 7 Ya s d w013C 7a af c f _ W c Y Z f Q yFn 43 a r O E c C o W n N 88^ m C g J m,{ y N QQaipp 0 Cc Ao P • a d H o CO v o ' C Oa u E N j7/ y+ o m o o u d S W N t 3 6 zIA E 2 c a9 C w E v « ' Es, .. . ' E A s 2 o °N' d o d A ` S8 d d N o tz W E O " d O 3 o = ggE O d re E u d s EEXV ' i. a '„ aP W 8 saI6 f sc NCC 5, to 3 0 GRANDE COMMUNICATIONS' BUSINESS STANDARD TERMS AND CONDITIONS FOR ENTERPRISE SERVICES ARTICLE 1— INTRODUCTION; DOCUMENTS COMPRISING AGREEMENT 1. 1 Introduction. Grande Communications Networks, LLC(" Provider') and its Affiliates provide various fadlities- based communications services, including Ethernet transport, dedicated Internet access, voice over fiber, hosted voice, dark fiber, wavelength, colocatlon and related services( as applicable, the" Services"). These Standard Terms and Conditions for Enterprise Services ( these" T& Cs") may be incorporated by reference into one or more Service Orders that are executed by and between Provider and the customer spedfled in such Service Order(s)(" Customer). When so incorporated, these T& Cs together with the applicable Service Order( s) shall be collectively referred to as the' Agreement' between Provider and Customer and shall govern Provider' s provision of Services to Customer. For purposes of the Agreement, the term' Affiliate' shall mean any other person which directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the first person or any of its subsidiaries. Each of Provider and Customer may be referred to in the Agreement as a' Party' and together as the' Parties.' 1. 2 Service Orders. The purchase of Services shall be accomplished only through the negotiation and mutual execution and delivery of a Service Order memorializing the terms and conditions pursuant to which Provider shall provide the desired Services to Customer. Service Orders shall dearly specify the following: ( i) the type of Service at issue( e. g., Internet access, data transport, VoIP, dark fiber, etc.);( ii) the location( s) at which the Service is to be provided( each, a" Service Site");( iii) the initial term of the Service Order( the' Initial Service Term");( iv) the pricing for the Service, Including( a) the monthly recurring charges(" MRC") for the Service, and ( b) any non-recurring charges(" NRC") associated with installation of the Service; and ( v) any other terms or conditions specific to the particular Service Order. Depending on the location of the Service Site, in some Instances Services may be provided by an Affiliate of Provider. 1. 3 Additional Documents Comprising Agreement: Order of Precedence. The Service Level Agreements attached to these T& Cs as Exhibits( together, the" SLA") constitute a part of these T& Cs. Customer' s use of any Services purchased pursuant to the Agreement will also be governed by Provider' s Acceptable Use Policy for Commercial Services( the" AUP') which is posted on Provider' s website at http:// mvgrande. com/ business/ aup. Additional provisions that are applicable only to specific types of Services are contained in Provider' s Service- Specific Terms and Conditions ( the " Service- Specific T& Cs') which is posted on Provider' s website at http:// mvgrande. com/ business/ service- terms. In the event of a conflict between the provisions of any of the foregoing documents, the documents shall have the following order of precedence unless expressly stated otherwise in a particular Service Order: ( I) these T& Cs( including the SLA); ( II) the applicable Service Order;( iii) the AUP; and( iv) the Service- Specific T& Cs. ARTICLE 2— TERM AND RENEWAL The Initial Service Term of each Service Order shall be as specified in the Service Order. Upon expiration of the Initial Service Term of a Service Order, unless either Party terminates the Service Order by giving written notice of termination to the other Party not less than thirty( 30) days prior to the end of the Initial Service Term, the Service Order will automatically renew for successive periods of one( 1) year( each, a " Renewal Term'). During any Renewal Term for a Service Order, either Party may terminate the Service Order at the end of the then- current Renewal Term by giving written notice of termination to the other Party not less than thirty( 30) days prior to the end of the then- current Renewal Term. The total period of time a Service Order is in effect is referred to as the" Service Term" for the Service Order at issue. ARTICLE 3— INSTALLATION, TESTING, ACCEPTANCE AND USE 3. 1 Service Site: Demarcation Points: Equipment. Unless a Service Site is within Provider' s control, Customer shall provide Provider with access to the Service Site as and to the extent reasonably necessary for Provider to Install, test, inspect and maintain the Services) ordered during the Service Term. Unless otherwise stated in a Service Order: ( I) Provider shall be solely responsible for the provision, operation and maintenance of all equipment and facilities( the" Provider Equipment") necessary to connect Provider' s network fadlities to the Customer demarcation point( s) at the Service Site ( the ' Demarcation Polnt( s)'); and II) Customer shall be solely responsible for the provision, operation and maintenance of all equipment and fadlities ( the Customer Equipment') from the Demarcation Point( s) to Customer' s internal network. Unless a Service Site is within Provider' s STANDARDTERMS AND con moNS FOR ENTERPRISE SERVICES pg. 1 Grande Communications Networks, LLC 01/ 22/ 2021 GRANDE COMMUNICA71ONS' BUSINESS control, Customer shall be responsible for maintaining appropriate conditions at the Service Site, including HVAC, electrical power, and security. Title to the Provider Equipment shall at all times remain vested In Provider. Customer shall not re-arrange, disconnect, tamper with, attempt to repair, or otherwise interfere with the Provider Equipment, nor shall Customer permit any third party to do so. 3. 2 Testing. Acceptance and Service Commencement Date. Provider shall use commercially reasonable efforts to install the Services consistent with Provider' s usual and customary Installation timeline, and shall endeavor to keep Customer regularly informed regarding installation progress. Provider shall notify Customer when a Service has been Installed and is ready for testing and use. Customer may, at Customer' s option, participate in Provider' s final testing of the Service. For Services having a committed bandwidth, the committed information rate shall be measured at the Ethernet layer and includes the Ethernet frame itself. The Initial Service Term for the Service at issue shall commence on the date on which the Service has been Installed, tested and is active and available for use by Customer( the' Service Commencement Date"). Customer shall have a period of five( 5) business days after the Service Commencement Date In which Customer may notify Provider that the Service at issue is not functioning properly. If Customer notifies Provider of problems with a Service pursuant to this Section 3. 2, Provider shall investigate and correct same and the Service Commencement Date shall be revised to be the first calendar day after the date on which Provider has corrected the problems. Unless Customer delivers notification of problems to Provider within the time period set forth above, Customer shall be deemed to have accepted the Service at issue and to have confirmed that the Service has been Installed and Is functioning property as of the Service Commencement Date. 3. 3 No Sub- Licensing: Non- Compete. Any Services provided to Customer pursuant to the Agreement are for the sole benefit of Customer. Customer shall not grant to any third party the right to use any of the Services, regardless of whether such grant were to take the form of a license, sublicense, lease, sublease, or any other form. Nor shall Customer use the Services for commercial purposes that are competitive with Provider' s business( e. g., use the Services to sell Internet access services, point- to- point data transport services, VoIP services, etc., to third parties within Provider' s service area). ARTICLE 4—PAYMENT AND BR11NG 4. 1 Invoking. All amounts owed by Customer to Provider under the Agreement shall be collectively referred to as` Fees." Provider shall begin billing Customer for the MRC applicable to a Service as of the Service Commencement Date. Invoices shall be delivered monthly, and shall be paid by Customer within thirty( 30) days of receipt. Fixed Fees shall be billed in advance and usage- based Fees shall be billed in arrears. Fixed fees for any partial month shall be pro- rated. For Services having an NRC, unless otherwise stated in the Service Order, Provider shall invoice Customer for the NRC upon full- execution of the Service Order. Except for amounts disputed in good faith by Customer pursuant to Section 4. 2 below, past due amounts shall bear interest In the amount of 1. 5% per month, or the highest amount allowed by law, whichever is lower. 4. 2 Disputed Invoices. If Customer in good faith disputes any portion of a Provider Invoice, Customer shall pay the undisputed portion of the invoice and submit written notice to Provider regarding the disputed amount, which notice shall include documentation supporting the alleged billing error( each such notice, a' Fee Dispute Notice"). A Fee Dispute Notice must be submitted to Provider within thirty( 30) days from the date the invoke at issue is received by Customer. Customer waives the right to dispute any Fees not disputed within such thirty( 30) day period. The Parties shall negotiate in good faith to attempt to resolve any such disputes within sixty( 60) days after Customer' s delivery of the applicable Fee Dispute Notice. Fee disputes unresolved within that time period shall be resolved by the mediation and arbitration procedures set forth in Sections 11. 2 and 11. 3 below. 4. 3 Applicable Taxes. All charges for Services set forth in Service Orders are exclusive of Applicable Taxes ( as defined below). Except for taxes based on Provider' s net Income or taxes for which Customer possesses a valid exemption certificate, Customer shall be responsible for payment of all applicable taxes and regulatory fees, however designated, that arise in any Jurisdiction, Including, without limitation, value added, consumption, sales, use, gross receipts, exdse, access, bypass, or other taxes, fees, assessments, duties, charges or surcharges, that are imposed on, incident to, or based upon the provision, sale, or use of the Service( s)( collectively' Applicable Taxes"). The Applicable Taxes will be individually identified on invokes. If Customer is entitled to an exemption from any Applicable Taxes, Customer is responsible for presenting Provider with a valid exemption certificate( in a form reasonably acceptable to Provider). Provider will give prospective effect to any valid exemption certificate provided in accordance with the preceding sentence. STANDARD TERMS AND CONDmONS FOR ENTERPRISE SERVICES pg. 2 Grande Communications Networks, LLC 01/ 22/ 2021 GRANDE COMMUNICATIONS' BUSINESS ARTICLE S— DEFAULT AND REMEDIES 5. 1 Customer Default. Each of the following shall constitute a default by Customer under the Agreement( each a separate event of' Default'): ( I) if Customer fails to pay any undisputed Fees when due, the failure of Customer to cure same within ten 10) days after receiving written notice from Provider regarding such failure to pay;( II) if Customer falls to comply with any other material provision of the Agreement, the failure of Customer to cure same within thirty( 30) days of receMng written notice from Provider regarding such non-compliance; or( iii) If Customer files or Initiates proceedings, or has proceedings initiated against it, seeking liquidation, reorganization or other relief( such as the appointment of a trustee, receiver, liquidator, custodian or other such official) under any bankruptcy, insolvency or other similar law, and the same is not dismissed within sixty( 60) days. 5. 2 Remedies for Customer Default. In the event of a Default by Customer under the Agreement, Provider may, at its option: I) suspend any applicable Services until such time as the Customer Default has been corrected ( provided, however, that any suspension shall not relieve Customer' s on- going obligation to pay Provider all Fees and other amounts due under the Agreement as if such suspension of Services had not taken place); ( II) terminate the applicable Service( s) and/ or the applicable Service Order( s);( IiI) after the occurrence of any two Customer Defaults in any twelve ( 12) month period, terminate all Service Orders entered into with Customer; and/ or( iv) pursue any other remedy available to Provider under the Agreement or applicable law. In the event of early termination for Customer Default pursuant to this Section 5. 2, Customer shall pay to Provider the Termination Charge described in Section 6. 3 below. 5. 3 Provider Default. Each of the following shall constitute a Default by Provider under the Agreement: ( I) if Provider falls to comply with any material provision of the Agreement other than provisions of the SLA, the failure by Provider to cure same within thirty ( 30) days of receiving written notice from Customer regarding such non- compliance; or ( ii) Provider files or initiates proceedings, or has proceedings initiated against it, seeking liquidation, reorganization or other relief( such as the appointment of a trustee, receiver, liquidator, custodian or other such official) under any bankruptcy, insolvency or other similar law, and the same is not dismissed within sixty( 60) days. 5. 4 Remedies for Provider Default. In the event of a Default by Provider under the Agreement Customer may, at its option: I) terminate the applicable Service( s) and/ or the applicable Service Order( s); and/ or( II) pursue any other remedy available to Customer under the Agreement or applicable law. Early termination by Customer shall be accomplished by providing termination notice to Customer' s account manager and to the notice address specified in Article 13 below. In the event of early termination for Provider Default pursuant to this Section 5. 4, Provider shall reimburse Customer for any pre- paid, unused monthly service Fees attributable to the terminated Services) and/ or Service Order(s), and Customer shall have no further liability to Provider for the terminated Service( s) and/ or Service Order( s). Early termination by Customer pursuant to this Section 5. 4 shall not relieve Customer of its obligations to pay all Fees incurred prior to the early termination date. ARTICLE 6— EARLY TERMINATION& PORTABIUTY 6. 1 Early Termination for Customer Convenience. Customer may, at any time after executing a Service Order, discontinue one or more of the Services ordered and/ or terminate the Service Order by giving at least thirty( 30) days' advance written notice to Customer' s account manager and to the notice address specified In Article 13 below. Any early termination of a Service pursuant to this Section 6. 1 shall be referred to as' Termination for Customer Convenience.' In the event of Termination for Customer Convenience, Customer shall pay to Provider the Termination Charge described in Section 6. 3 below. 6. 2 Early Termination for Default. In accordance with Article 5 above, either Party may elect to terminate one or more Service Orders prior to the scheduled expiration date in the event of an uncured Default by the other Party. 6. 3 Termination Charge. In the event of Termination for Customer Convenience pursuant to Section 6. 1 above, or termination for Customer Default pursuant to Section 5. 2 above, Customer shall pay a Termination Charge to Provider. The Termination Charge" shall equal the sum of the following: ( I) all unpaid amounts for Services actually provided prior to the termination date;( II) any portion of the NRC for the terminated Servke( s) that has not yet been paid to Provider;( iii) with respect to off-net Services only, any documented cancellation or termination charges or fees imposed on Provider by any third party in connection with the early termination of the Services; and( iv) one hundred percent( 100%) of all remaining MRCs Customer was to pay Provider for the Service during the remainder of the applicable Service Term. If incurred, the Termination Charge will be due and payable by Customer within thirty( 30) days after the termination date of the Service at issue. Customer acknowledges STANDARD TERMS AND CONDITIONS FOR ENTERPRISE SERVICES pg. 3 Grande CommunicatIons Networks, LLC 01/ 22/ 2021 GRANDE COMMUNICATIONS' BUSINESS that the calculation of the Termination Charge is a genuine estimate of Provider' s actual damages and is not a penalty. 6.4 Portability; Substitution of Services. At any time during the Service Term of a Service Order, Customer may elect to substitute new Services for then-existing Services. In such event, Provider will waive the Termination Charge associated with the termination of the then- existing Services as long as: ( I) the Fees payable to Provider in connection with the substitute Services are equal to or greater than the Fees of the discontinued Services;( ii) Customer commits to retain the substitute Services for a period equal to or greater than the remainder of the Service Term for the discontinued Services; ( iii) Customer pays all applicable installation and other NRCs, if any, for provision of the substitute Services; and( iv) Customer reimburses Provider for all reasonable and documented engineering, installation and construction costs associated with the discontinued Services, calculated on a time and materials basis, that have not already been recovered by Provider by the time of the substitution. ARTICLE 7— CONRDENTULL INFORMATION 7. 1 Definition of Confidential Information. " Confidential Information" shall mean all information, including the Agreement, regarding the telecommunications needs of Customer and the Services that Provider offers under the Agreement which is disclosed by one Party(" Disclosing Party) to the other Party(" Receiving Party), to the extent that such Information is marked or identified as confidential or proprietary or would be reasonably deemed confidential or proprietary given the circumstances surrounding its disclosure. All written or oral pricing and contract proposals, as well as network maps or diagrams exchanged between the Parties shall be deemed Confidential Information, whether or not so designated. The fact that Customer is a customer of Provider shall not be deemed Confidential Information and may be freely disclosed by either Party. Information shall not be deemed Confidential Information If( i) it is independently developed by or for the Receiving Party,( II) it is lawfully received by the Receiving Party free of any obligation to keep It confidential,( iii) it becomes generally available to the public other than by breach of the Agreement, or( iv) it was known to the Receiving Party prior to the Disclosing Party' s disclosure of same. 7. 2 Obligations Regarding Confidential Information. Confidential Information is the property of the Disclosing Party and shall be returned to the Disclosing Party upon request. The Receiving Party shall hold ail Confidential Information in confidence. The Receiving Party: ( I) shall use such Confidential Information only for the purposes of performing its obligations and/ or enforcing its rights under the Agreement;( ii) shall reproduce such Confidential Information only to the extent necessary for such purposes; iii) shall restrict disclosure of such Confidential Information to employees, contractors, advisors or consultants that have a need to know for such purposes( with disclosure to contractors, advisors and consultants being limited to contractors, advisors and consultants that have signed a non- disclosure agreement to protect the Confidential Information of third parties);( iv) shall not disclose Confidential Information to any third party without prior written approval of the Disclosing Party except as expressly provided in the Agreement or as required by law, by court order, by administrative order of an agency having jurisdiction, or In the enforcement of Its rights under the Agreement; and( v) shall use at least the same degree of care( in no event less than reasonable care) as It uses with regard to its own proprietary or confidential information to prevent the disclosure, unauthorized use or publication of Confidential Information. In the event a Receiving Party is required to disclose Confidential Information of the Disclosing Party pursuant to law, court order or administrative order of an agency having Jurisdiction, the Receiving Party will, if such notice is permitted by law, notify the Disclosing Party of the required disclosure with sufficient time for the Disclosing Party to seek judicial relief from the required disclosure, and reasonably cooperate with the Disclosing Party in any efforts the Disclosing Party may take to obtain protective measures in respect to the required disclosure. The Parties agree that breach of this Article 7 may cause irreparable injury for which monetary damages are not an adequate remedy; accordingly, each Party may seek injunctive relief and any other available equitable remedies to enforce the provisions of this Article 7. ARTICLE 8— UMITATION OF LIABILITY 8. 1 General limitations. Provider shall not be liable for any loss or damage occasioned by a Force Majeure Event. Except as expressly provided to the contrary elsewhere in the Agreement, Provider' s aggregate liability for any and all causes and claims arising under the Agreement, whether based in contract, tort, warranty or otherwise shall be limited to the lesser of: ( I) the actual direct damages sustained by Customer; or( ii) an amount equivalent to the total MRC received by Provider from Customer for the Service( s) at Issue during the preceding twelve( 12) month period. 8. 2 Service Level Agreement. Should Provider fail, on any one or more occasions, to deliver any one or more Services to Customer in accordance with all of the terms and conditions contained in the applicable SLA, Customer' s sole and exclusive remedy for such failure shall be as set forth in the SLA. No such failure shall be considered a Default by Provider under the Agreement. STANDARD TERMS AND CONDITIONS FOR ENTERPRISE SERVICES pg. 4 Grande Communications Networks, UC 01/ 22/ 2021 GRANDE COMMUNICATIONS' BUSINESS 8. 3 No Special Damages. EXCEPT FOR(i)EACH PARTY' S CONFIDENTIALITY OBLIGATIONS UNDER ARTICLE 7 ABOVE,( II) EACH PARTY' S THIRD- PARTY INDEMNIFICATION OBUGATIONS UNDER ARTICLE 9 BELOW, AND Oil) CLAIMS ARISING FROM A PARTYS INTENTIONAL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL SPECIAL, CONSEQUENTIAL EXEMPLARY OR PUNfTIVE DAMAGES WHATSOEVER, ARISING OUT OF OR INCURRED IN CONNECTION WITH A PARTY' S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, INCLUDING, BY WAY OF EXAMPLE AND NOT BY WAY OF UMITATION, LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA OR COST OF PURCHASING REPLACEMENT SERVICES, EVEN IF THE OTHER PARTY HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH SPECIAL DAMAGES. 8. 4 Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PROVIDER MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, EITHER IN FACT OR BY OPERATION OF LAW, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE OR USE OF ANY SERVICES PROVIDED PURSUANT TO THIS AGREEMENT. 8. 5 Assumption of Risk. PROVIDER HAS NO CONTROL OVER AND EXPRESSLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR THE CONTENT OF ANY INFORMATION TRANSMITTED OR RECEIVED BY CUSTOMER THROUGH THE SERVICES, SERVICE INTERRUPTIONS ATTRIBUTABLE TO CUSTOMER' S NETWORK, ANY CUSTOMER EQUIPMENT FAILURES, OR ANY OTHER SUCH CAUSES, AND CUSTOMER USES THE SERVICES AT CUSTOMER' S OWN RISK. CUSTOMER SHALL BE RESPONSIBLE FOR THE SECURITY, CONFIDENTIALITY AND INTEGRITY OF INFORMATION CUSTOMER TRANSMITS OR RECEIVES USING ANY SERVICES. 8. 6 Disclaimer Regarding HIPAA Compliance. If and to the extent Customer is a covered entity under the Health Insurance Portability and Accountability Act of 1996(" HIPAA"), and needs its business associates to comply with HIPAA, Provider hereby notifies Customer that Provider' s operations are not compliant with HIPAA. Provider' s operations are generally exempt from HIPAA pursuant to the conduit exception. However, if and to the extent the Services provided pursuant to any Service Order would not qualify for the conduit exception, Provider' s operations with respect to the Services are not HIPAA complaint. Provider will not execute a business associate agreement under HIPAA. ARTICLE 9—INDEMNIFICATION FOR THIRD PARTY CLAIMS 9. 1 Indemnification by Customer. Customer shall indemnify, defend and hold Provider and its members, managers, officers, agents and employees ( collectively, the " Provider Indemnified Parties') harmless from and against any and all claims, lawsuits or damages asserted against the Provider Indemnified Parties by any third- party to the extent the same arise out of or are due to: I) Customer' s negligence or willful misconduct in exercising its rights or performing its obligations under the Agreement; II) Customer' s noncompliance with or Default under the Agreement; and/ or ( III) Customer' s failure to comply with applicable law in connection with its performance under the Agreement. 9. 2 Indemnification by Provider. Provider shall Indemnify, defend and hold Customer and its members, managers, officers, agents and employees( collectively, the" Customer Indemnified Patties") harmless from and against any and all claims, lawsuits or damages asserted against the Customer Indemnified Parties by any third- party to the extent the same arise out of or are due to: ( I) Provider' s negligence or willful misconduct in exercising Its rights and performing Its obligations under the Agreement; ii) Provider' s noncompliance with or Default under the Agreement; and/ or( iii) Provider' s failure to comply with applicable law in connection with its performance under the Agreement. 9. 3 Indemnification Procedures for Third- Party Claims. Should any third- party claim arise under this Article 9, the indemnified Party shall promptly notify the indemnifying Party of same in writing, and shall take such action as may be necessary to avoid default or other adverse consequences in connection with such claim. The indemnifying Party shall have the right to select counsel and to control the defense and settlement of such claim; provided, however, that the indemnified Party shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in handling the claim, and provided further, that the Indemnifying party shall not take any action in defense or settlement of the claim that would negatively impact the indemnified Party without the consent of the indemnified Party. The indemnified Party shall reasonably cooperate with the indemnifying Party In the defense of the third- party claim, Including making Its flies and personnel reasonably available to the Indemnifying Party, all at the cost and expense of the indemnifying Party. STANDARD TERMS AND CONDITIONS FOR ENTERPRISE SERVICES pg. 5 Grande Communications Networks, LLC 01/ 22/ 2021 GRANDE COMMUNICATIONS' BUSINESS ARTICLE 10— FORCE MAJEURE EVENTS Neither Party shall be liable for any delay In or failure of performance hereunder (other than Customer's payment obligations under Article 4) due to causes beyond such Party' s reasonable control Including, but not limited to, acts of God, fire, flood, earthquake, Ice storms, wind storms, or other sever weather events, explosion, vandalism, cable cut, terrorist acts, insurrection, riots or other civil unrest, national or regional emergency, unavailability of rights-of-way, a governmental authority' s failure to timely act, inability to obtain equipment, material or other supplies due to strike, lockout or work stoppage, or any law, order, regulation, direction, action or request of any civil or military governmental authority( each, a' Force Majeure Event'). If any Force Majeure Event causes an increase in the time required for performance of any of Its duties or obligations, the affected Party shall be entitled to an equitable extension of time for completion. If the delay in performance caused by the Force Majeure Event exceeds thirty ( 30) days, either Party may terminate the Agreement or the applicable Service Order( s) immediately on written notice to the other Party, without Incurring any liability in connection with such termination. ARTICLE 11— DISPUTE RESOLUTION 11. 1 General Provisions. Except for actions seeking a temporary restraining order or injunction, or suits to compel compliance with this dispute resolution process, the Parties agree to use the dispute resolution procedures set forth in this Article 11 with respect to any controversy or claim( each, a' Dispute') arising out of or relating to the Agreement All discussions occurring and documents exchanged pursuant to Sections 11. 2 and 11. 3 below are confidential and inadmissible for any purpose in any legal proceeding involving the Parties; provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non- discoverable as a result of its use in the negotiation or mediation process. 11. 2 Negotiations. Should any Dispute arise, either Party may give the other Party written notice of the Dispute( each, a Dispute Notice"). The Parties shall use good faith efforts to resolve the Dispute through negotiation within thirty( 30) days of the date on which the Dispute Notice is delivered. With respect to Fee disputes arising under Article 4, compliance with the negotiation procedures described in Section 4.2 shall be in lieu of the provisions of this Section 11. 2. If the Parties do not resolve the Dispute within such thirty( 30) day period, either of the Parties may submit the matter to non- binding mediation through a professional mediation service. My Dispute that is not resolved by negotiation and is not submitted to mediation shall be resolved by binding arbitration pursuant to Section 11. 4 below. 11. 3 Mediation. If a Dispute is submitted to mediation, the Parties will cooperate in selecting a qualified mediator from a panel of neutral mediators having experience in the telecommunications and broadband Internet industry. The Parties shall share equally in the costs of mediation. Any Dispute submitted to mediation that is not resolved within sixty( 60) days of submitting the Dispute to mediation shall be resolved by binding arbitration as provided in Section 11. 4 below. 11. 4 Binding Arbitration. Any arbitration hearing shall be before a single neutral arbitrator and shall be held in the New York, New York offices of Judicial Arbitration& Mediation Services, Inc., or a similar professional dispute resolution organization. The arbitration shall be administered pursuant to the commercial arbitration rules and procedures of the American Arbitration Association. The Parties shall equally share the fees of the arbitrator. The Federal Arbitration Act, 9 U. S. C. 44 1- 15, not state law, shall govern the arbitrability of all disputes. 11. 5 Governing Law. The Agreement and all matters arising out of the Agreement shall be governed by the laws of the State of Delaware. Any Judicial action arising in connection with the Agreement shall be in the Superior Court of the State of Delaware in and for New Castle County, or in the Federal District Court for the District of Delaware, as applicable. Customer waives all defenses of lack of personal jurisdiction and forum non conveniens. Each party irrevocably waives, to the fullest extent permitted by law, trial by jam of any disputes, debris or Issues arising under the Agreement ARTICLE 12— ASSIGNMENT AND ASSUMPTION Except as otherwise provided In this Article 12, neither Party shall assign, delegate or othewise transfer the Agreement or its obligations under the Agreement, in whole or In part, without the prior written consent of the other Party. Notwithstanding the foregoing, either Party may, without the necessity of obtaining the other Party' s consent, assign Its Interest in and to the Agreement to: ( I) any entity acquiring such Party, whether by merger or through purchase of substantially all the assets of such Party;( II) a lender as an asset securing indebtedness; or( III) an Affiliate of such party; provided, that In the event of a transfer to an Affiliate, the transferring Party shall continue to remain liable for the obligations under the Agreement. STANDARD TERMS AND CONDRIONS FOR ENTERPRISE SERVICES pg. 6 Grande Communications Networks, LLC 01/ 22/ 2021 GRANDE COMMUNICATIONS' BUSINESS ARTICLE 13— NOTICES Unless otherwise provided elsewhere in the Agreement, any notice to be given to either Party under the Agreement will be in writing. Notices to Provider shall be directed to Provider' s address set forth below. Notices to Customer shall be directed to Customer' s addresses set forth in the applicable Service Order. Notices will be deemed received ( I) the next business day, when sent by reliable, commercial overnight courier;( II) three ( 3) business days after being sent by certified mail, postage prepaid and return receipt requested;( III) when actually received, if sent by email during the business hours of 9: 00 a. m. to 5: 00 p. m.( recipient' s time). Notices received after 5:00 p. m.( recipient' s time) will be effective the next business day. Provider' s Address for Notices: With a Copy to: Grande Communications Networks, LLC Grande Communications Networks, Lit 401 Carlson Circle 650 College Road East, Suite 3100 San Marcos, TX 78666 Princeton, Ni 08540 ATTN: Business Solutions ATTN: Legal Department Either Party may change its notice address by giving notice to the other Party in accordance with this Article. ARTICLE 14— REPRESENTATIONS AND COVENANTS Each Party represents and covenants to the other as follows: ( I) the execution and delivery of the Agreement and the performance of Its obligations hereunder have been duly authorized; ( II) the Agreement Is a valid and legal agreement binding on such parties and enforceable in accordance with Its terms;( III) to the best of its knowledge and belief, It Is In material compliance with all laws, rules and regulations and court and governmental orders related to the operation of its business; and( iv) it shall comply with all applicable laws and regulations when exercising its rights and performing Its obligations under the Agreement. ARTICLE 1S— MISCELLANEOUS 15. 1 Entire Agreement; Interpretation. The Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements between the Parties regarding the subject matter contained herein. The Agreement may only be modified or supplemented by an instrument executed by an authorized representative of each Party. The Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the Parties, and the language In all parts of the Agreement shall, In all cases, be construed according to its fair meaning and not strictly for or against either of the Parties. If any provision of the Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of the Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall Instead continue in full force and effect. 15. 2 No Waiver. No failure by either Party to enforce any rights hereunder will constitute a waiver of such rights. Nor shall a waiver by either Party of any particular breach or default constitute a waiver of any other breach or default or any similar future breach or default. Provider' s acceptance of any payment under the Agreement will not constitute an accord or any other form of acknowledgement or satisfaction that the amount paid is in fact the correct amount, and acceptance of a payment will not release any claim by Provider for additional amounts due from Customer. 15. 3 Attorneys' Fees. If any proceeding Is brought by a Party to enforce or interpret any term or provision of the Agreement, the substantially prevailing Party in such proceeding will be entitled to recover, in addition to all other relief as set forth in the Agreement, that Party' s reasonable attorneys' and experts' fees and expenses. 15. 4 Relationship: No Third Party Beneficiaries. The Agreement is a commercial contract between Provider and Customer and the relationship between the Parties is that of independent contractors. Nothing in the Agreement creates any partnership, principal- agent, employer- employee or joint venture relationship between the Parties or any of their Affiliates, agents or employees for any purpose. The Agreement is for the sole benefit of Provider and Customer and is not intended to confer any rights on any other person; there are no third party beneficiaries of the Agreement. 15. 5 Exhibits. The following Exhibits, which are attached to these T& Cs, are Incorporated herein and by this reference made a STANDARD TERMS AND CONDRIONS FOR ENTERPRISE SERVICES pg. 7 Grande Communications Networks, LLC 01/ 22/ 2021 GRANDE CO MUUNICATIONS• BUSINESS part of these T& Cs: EXHIBIT A - Service Level Agreement for Ut Fiber Services EXHIBIT B - Service Level Agreement for Dark Fiber& Wavelength Services 15. 6 Computation of lime. Except where expressly provided to the contrary, as used in the Agreement, the word' day" shall mean' calendar day,' and the computation of time shall include all Saturdays, Sundays and holidays for purposes of determining time periods specified In the Agreement. If the final date of any period of time set out in any provision of the Agreement falls upon a Saturday or a Sunday or a legal holiday, then in such event, the time of such period shall be extended to the next day that is not a Saturday, Sunday or legal holiday. As used In the Agreement, the term" business day' shall mean a day that is not a Saturday, Sunday or a legal holiday. 15. 7 Counterparts; Electronic Signatures. My Service Order entered into by the Parties pursuant to these T& Cs may be executed in multiple counterparts, each of which shall constitute an original, and all of which shall constitute one and the same instrument. My executed documents sent to the other Party in portable document format( pdf) images via email will be considered the same as an original document. The Parties consent to the use of electronic signatures. The remainder of this page is intentionally left blank) STANDARD TERMS AND CONDITIONS FOR ENTERPRISE SERVICES pg. 8 Grande Communications Networks, 11C 01/ 22/ 2021 GRANDE COMMUNICATIONS' BUSINESS 00118IT A to Standard Terms and Conditions for Enterprise Services Service Level Agreement for Lit Fiber Services This Service Level Agreement for Lit Fiber Services( this' SLA') Is a part of Grande Communications Networks, LLCs(' GRANDE' s') Standard Terms and Conditions for Enterprise Services('& CC). Unless otherwise provided in the applicable Service Order, this SLA applies to the following types of lit fiber Services provided by GRANDE pursuant to the T& Cs: ( a) dedicated Internet access services,( b) Ethernet transport services, and( c) voice services, including hosted voice. 1. AVAILABILITY SLA GRANDE' s Network is designed to provide a target Availability of at least 99. 99% per month. If the Availability target is not achieved in a given calendar month, Customer shall be entitled to the remedies set forth in the table below, which must be claimed as described in this SLA Customer Credit as% of MRC for Target Availability Duration of Service Outage the applicable Circuit Less than 4 minutes 20 seconds Target Met 4 min. 20 sec. up to 2 hours 5% 2 hour up to 6 hours 10% 99. 99% Availability 6 hours up to 12 hours 20% 12 hours up to 24 hours 35% 24 hours 50% Customer credits for Unavailability are calculated on an individual circuit basis, and the amount of any credit is based on the portion of MRC allocable to the affected circuit. 2. MEAN TIME TO RESTORE(' MTTR') SLA In the event of Outages in Services due to failure or malfunction of the GRANDE Network or GRANDE Equipment, GRANDE' s OSC is designed to provide a MTTR of 6 hours or less. If the target MTTR is not met for a particular circuit in a given calendar month, and Customer receives a Service from GRANDE on the circuit at issue, then Customer shall be entitled to remedies set forth in the table below, which must be claimed as described in this SLA. Customer Credit Target MTTR Actual MTTR as% of MRC for the applicable Circuit 5 6 Hrs. Target Met 6Hrs. to 10 Hrs. 5% 6 hr MTTR 10 Hrs. to 18 Hrs. 10% 18 Hrs. 20% 3. PACKET DELIVERY/ PACKET LOSS SLA The GRANDE Network is designed to provide no greater than 0. 1% Packet Loss. N the Packet Loss target is not achieved in a given calendar month, Customer shall be entitled to the remedies set forth In the table below, which must be claimed as described in this SLA Customer credits for average monthly Packet Loss are calculated on an individual circuit basis, and the amount of any credit is based on the portion of MRC allocable to the affected circuit. EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 9 Grande Communications Networks, LLC 01/ 22/ 2021 GRANDE COMMUNICATIONS' BUSINESS Customer Credit Target Maximum Actual Packet Loss as% of MRC for the Packet Loss lower end— upper end) applicable Circuit 0% - 0.1% Target Met 0. 1% - 0.4% 5% 5 0. 1% Packet Loss 0.4% - 0.7% 10% 0.7% - 1. 0% 25% 1. 0% 50% 4. LATENCY MA The GRANDE Network is designed to provide a monthly average one- way Latency not to exceed the following: For' Local Market" distances of 5 75 miles= 10 ins For" Inter- Market" distances of between 76— 750 miles= 20 ms For' Long- Haul' distances of> 750 miles= 50 ins If the applicable Latency target is not achieved in a given month and GRANDE does not remedy the problem within fifteen( 15) calendar days from the date on which Customer opens a Trouble Ticket with the GRANDE OSC regarding excessive Latency, Customer shall be entitled to the remedies set forth In the table below, which must be daimed as described in this SLA. Customer Credit Target Target Target Actual One- Way as% of MRC for Local Market Inter- Market Long-Haul Latency the applicable Latency Latency Latency lower end - upper end) Circuit 5 Target latency Target Met Target up to 8 ms over Target 5% 10 ms or less 20 ms or less 50ms or less > 8ms up to 15 ms over Target 10% 15 ms up to 20 ms over Target 25% 20 ms over Target 50% 5. NETWORK JITTER SLA The GRANDE Backbone Network is designed to have a monthly average one- way Network Jitter not to exceed the following: For Local Market distances of 5 75 miles= 2 ms For Inter- Market distances of between 76— 750 miles= 5 ms For Long- Haul distances of> 750 miles= 15 ms If the applicable Network litter target is exceeded in a given calendar month, Customer will be entitled to a credit of 1/ 30th of the MRC of the affected circuit for that month for each full 1ms of Network Jitter above the Network Jitter target set forth above. Any such credit must be claimed as described in this SLA. 6. CHRONIC OUTAGE If Customer experiences a Chronic Outage with respect to a Service, Customer shall have the right to elect either of the following remedies, which must be claimed as described In this SLA: ( I) substitute a different Service or a different dreuit/ path for the Service and circuit/ path that experienced the Chronic Outage without incurring any Termination Charge or installation fees; or II) terminate the affected Service for the circuit/ path that experienced the Chronic Outage without inuring any Termination Charge. 7. DEFINITIONS For purposes of this SLA the following terms shall have the meanings set forth below. Availability" means the ability of Customer to exchange Ethernet packets with the GRANDE Network via Customer' s router port. EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT HBER SERVICES pg. 10 Grande Communications Networks, LLC 01/ 22/ 2021 GRANDE COMMUNICATIONS' BUSINESS Availability is measured in minutes of uptime over the calendar month during which the Services are Available: Availability Total Minutes in Month— Total Minutes of Unavailability in Month' per calendar month) Total Minutes in Month For Ethernet Transport Services and VoIP Services, Availability is calculated at the Individual circuit level, between GRANDE' s Backbone Network and the Customer' s router port For Dedicated Internet Access Services, Availability is calculated from the Customer' s router port through the GRANDE Network to the handoff point for the Internet Dedicated Internet Access Service Availability does not indude the availability of the Internet itself or any particular Internet resource. Periods of Excused Outage are not Included in Availability metrics. Chronic Outage" means a series of three( 3) or more Service Outages affecting the same Service on the same circuit during a given calendar month, each of which has an actual time to restore" TTR" in excess of GRANDE' s targeted MTTR. Emergency Maintenance` means GRANDE' s efforts to correct conditions on the GRANDE Network that are likely to cause a material disruption to or outage In services provided by GRANDE and which require immediate action. Emergency Maintenance may degrade the quality of the Services provided to Customer, including possible outages. Any such outages are Excused Outages that will not entitle Customer to credits under this SLA. GRANDE may undertake Emergency Maintenance at any time GRANDE deems necessary and will provide Customer with notice of such Emergency Maintenance as soon as commercially practicable under the circumstances. Excused Outage" means any disruption to or unavailability of Services caused by or due to ( I) Scheduled Maintenance, ii) Emergency Maintenance, or( III) circumstances beyond GRANDE' s reasonable control, such as, by way of example only, Force Majeure Events, acts or omissions of Customer or Customer' s agents, licensees or end users, electrical outages not caused by GRANDE, or any failure, unavailability, Interruption or delay of third- party telecommunications network components the use of which are reasonably necessary for GRANDE' s delivery of the Services to Customer. GRANDE Backbone Network' means GRANDE' s core fiber backbone that connects GRANDE' s POPs and regional hubs. GRANDE' s Operational Support Center or " GRANDE' s OSC means GRANDE' s operational support center, which is staffed 24x7x36S and can be reached at: 866- 218- 2555. GRANDE Network" means all equipment, facilities and infrastructure that GRANDE uses to provide Services to Customer, and includes Customer' s access port. The" GRANDE Network' does not Include Customer owned or leased equipment( unless leased from GRANDE), or any portion of Customer' s local area network after the demarcation point for the Services provided by GRANDE. Jitter" or" Network Jitter" refers to a variation in the interval at which packets are received, also described as the variability in Latency as measured in the variability over time of the packet Latency across a network. litter is calculated as an aggregate average monthly metric measured by GRANDE across the GRANDE Backbone Network between a sample of GRANDE POPs. Local access loops are not included. Periods of Excused Outage are not included in Jitter metrics. Latency(" means how much time it takes, measured in milliseconds, for a packet of data to get from one designated point on GRANDE' s Network to another designated point on GRANDE' s Network. Latency is calculated as an aggregate average monthly metric measured by GRANDE across the GRANDE Backbone Network between a sample of GRANDE POPs. Local access loops are not included. Periods of Excused Outage are not included in Latency metrics. Mean lime to Restore" or" MTTR" means the average time required to restore the GRANDE Network to a normally operating state in the event of an Outage. MTTR Is calculated on a circuit basis, as a monthly average of the time It takes GRANDE to repair all Service Outages on the specific drcuit MTTR Is measured from the time an Outage related Trouble Ticket is generated by the GRANDE OK until the time the Service is again Available. The cumulative length of Service Outages per circuit Is divided by the number of Trouble Tickets in the billing month to derive the monthly MTTR per circuit: EXHIBIT A: SERVICE LEVEL AGREEMENT FOR UT FIBER SERVICES pg. 11 Grande Communications Networks, LLC 01/ 22/ 2021 GRANDE COMMUNICATIONS' BUSINESS MTTR in Hrs = Cumulative Length of Service Outages Per Month Per Circuit per calendar month) Total Number of Trouble Tickets for Service Outages Per Month Per Circuit Periods of Excused Outage are not Included In MTTR metrics. Outage' means a disruption In the Service making the Service completely unavailable to Customer that is not an Excused Outage. For purposes of SLA- related credits and remedies, the period of unavailability begins when an Outage- related Trouble Ticket is opened by the Customer and ends when the connection is restored, as measured by GRANDE. Unavailability does not include periods of Service degradation, such as slow data transmission. Packet Loss" means the unintentional discarding of data packets in a network when a device ( e.g., switch, router, etc.) is overloaded and cannot accept any incoming data. Packet Loss is calculated as aggregate average monthly metric measured by GRANDE across the GRANDE Backbone Network between a sample of GRANDE POPs. Local access loops are not included. Periods of Excused Outage are not included in Packet Loss metrics. Scheduled Maintenance" means any maintenance of the portion of the GRANDE Network to which Customer' s router is connected that is performed during a standard maintenance window( 1: 00AM— 6: 00AM Local Time). Customer will be notified via email at least forty- eight( 48) hours in advance of any scheduled maintenance that is likely to affect Customer' s Service. Trouble Ticket" means a trouble ticket generated through the GRANDE OSC upon notification of a Service- related problem. Trouble Tickets may be generated by GRANDE pursuant to Its internal network monitoring process, or by Customer' s reporting of a problem to the GRANDE OSC. In order for Customer to be eligible for credits or remedies under this SLA, Customer must contact the GRANDE OSC and open a Trouble Ticket regarding the problem; Trouble Tickets generated internally by GRANDE will not provide a basis for Customer credits or Chronic Outage remedies. B. CLAIMING CREDITS AND REMEDIES 8.1 Requesting SLA Related Credits and Chronic Outage Remedies. To be eligible for any SLA- related Service credit or Chronic Outage remedy, Customer must be current in its financial obligations to GRANDE. Credits are exclusive of any applicable taxes charged to Customer or collected by GRANDE. I) To claim SLA- related Service credits, Customer must do the following: a) Open a Trouble Ticket with the GRANDE OSC within twenty- four( 24) hours of the occurrence giving rise to the dalmed credit( s); b) Submit a written request for the credit( s) to Customer' s account manager within fifteen( 15) days after the end of the calendar month in which the Incident giving rise to the credits) occurred; and c) Provide the following documentation when requesting the credit( s): Customer name and contact information; Trouble Ticket number( s); Date and beginning/ end time of the claimed Outage or failed SLA metric; Circuit IDs for each pertinent circuit/ path; and Brief description of the characteristics of the claimed Outage or failed SLA metric. II) To claim remedies for a Chronic Outage under this SLA, Customer must do the following: a) Open a Trouble Ticket regarding the Chronic Outage with the GRANGE OSC within seventy- two 72) hours of the last Outage giving rise to the claimed remedy; b) Submit a written request for a remedy regarding the Chronic Outage to Customer' s account manager within thirty( 30) days of the end of the calendar month in which the Chronic Outage occurred; and c) Provide the following documentation when requesting the remedy: Customer name and contact information; EXHIBIT A: SERVICE LEVEL AGREEMENT FOR UT FIBER SERVICES pg. 12 Grande Communications Networks, LLC 01/ 22/ 2021 GRANDE COMMUNICATIONS' BUSINESS Type of remedy requested( e. g., substitution or termination); Trouble Ticket numbers for each Individual Outage event; Date and beginning/ end time of each of the claimed Outages; Trouble Ticket number for the Chronic Outage at issue; Circuit IDs for each pertinent circuit/ path; and Brief description of the characteristics of the claimed Chronic Outage. If Customer fails to timely submit, pursuant to the procedure described In this Section, a request for any SLA- related credit or Service Outage remedy for which Customer might otherwise be eligible under this 5U1, Customer shall be deemed to have waived its right to receive such credit or remedy. The credits and remedies provided by this SLA are Customer' s sole and exclusive remedies for any and all daims or complaints regarding the quality and/ or availability of any of the Services to which this SLA applies. 8.2 GRANDE' s Evaluation of Claims. All daims for SLA- related credits and remedies for Chronic Outages are subject to evaluation and verification by GRANDE. Upon receiving a claim for SLA- related credit and/ or remedies for Chronic Outage, GRANDE will evaluate the claim and respond to Customer within thirty( 30) days. if GRANDE requires additional information in order to evaluate Customer' s daim, GRANDE will notify Customer by email specifying what additional Information Is required. Customer will have fifteen( 15) days from the date on which It receives GRANDE' s request for additional Information in which to provide the requested information to GRANDE. If Customer fails to provide the additional Information within that time period, Customer will be deemed to have abandoned its claim. GRANDE will promptly notify Customer of GRANDE' s resolution of each Customer claim. If Customer' s claim for an SLA- related credit or Chronic Outage remedy is rejected, the notification will specify the basis for the rejection. If Customer' s claim for a credit is approved, GRANDE will issue the credit to Customer' s account, to appear on the next monthly invoice. If Customer' s daim for a Chronic Outage remedy Is approved, GRANDE will notify Customer of the date on which the requested substitution or termination will occur. GRANDE' s determination regarding whether or not an SLA has been violated shall be final. 8. 3 limitations and Exclusions. Total credits for any given calendar month shall not exceed 100% of the MRC for the affected Service. Credits shall not be cumulative with respect to any given incident; instead, if multiple SLAB are violated during a single incident, Customer shall be entitled only to the largest applicable credit amount This SLA will not apply and Customer will not be entitled to any credit under this SLA for any impairment of Services that is caused by or due to any of the following: ( I) the acts or omissions of Customer, its agents, employees, contractors, or Customer' s end users, or other persons authorized by Customer to access, use or modify the Services or the equipment used to provide the Services, including Customer' s use of the Service in an unauthorized or unlawful manner;( ii) the failure of or refusal by Customer to reasonably cooperate with GRANDE in diagnosing and troubleshooting problems with the Services; ( iii) scheduled Service alteration, maintenance or implementation; iv) the failure or malfunction of network equipment or facilities not owned or controlled by GRANDE or GRANDE' s Affiliates; v) Force Majeure Events; ( vi) GRANDE' s inability( due to no fault of GRANDE) to access facilities or equipment as reasonably required to troubleshoot, repair, restore or prevent degradation of the Service;( vii) GRANDE' s termination of the Service for cause, or as otherwise authorized by the Agreement; or( viii) GRANDE' s inability to deliver Service by Customer' s desired due date. The remainder of this page is intentionally left blank/ EXHIBIT A: SERVICE LEVEL AGREEMENT FOR UT RBER SERVICES pg. 13 Grande Communications Networks, LLC 01/ 22/ 2021 GRANDE COMMUNICATIONS BUSINESS EXHIBIT B to Standard Terms and Conditions for Enterprise Services Service Level Agreement for Dark Fiber& Wavelength Services This Service Level Agreement for Dark Fiber& Wavelength Services( this" SLA'') is a part of Grande Communications Networks, LLC' s(' GRANDE' s') Standard Terms and Conditions for Enterprise Services(' T& Cs'). Unless otherwise provided In the applicable Service Order, this SLA applies to the following types of Services provided by GRANDE pursuant to the T& Cs: ( I) dark fiber services, and( if) wavelength services. 1. AVAILABILITY SLA GRANDE' s dark fiber paths and wavelengths are designed to provide a target Availability of at least 99.9% per calendar month. If the Availability target is not met with respect to a given dark fiber path or wavelength in a given calendar month, Customer will be entitled to a credit in the amount set forth below, which must be daimed as described In this SLA. Customer credits for Outages of dark fiber or wavelength Services are calculated on an Individual path basis, and the amount of any credit is based on the portion of MRC allocable to the affected Service. Customer Credit Duration of Unavailability as% of MRC for the applicable Service Less than 45 minutes Target Met 45 Min. up to 8 hours 5% 8 hours up to 16 hours 10% 16 hours up to 24 hours 20% 24 hours 35% 2. MEAN TIME TO RESTORE(' MTTR') SLA In the event of Outages in the Services, GRANDE' s OSC is designed to provide a MTTR of no greater than 6 hours. If the target MTTR is not met for a particular dark fiber path or wavelength in a given calendar month, and Customer receives a Service from GRANDE on the path at issue, then Customer shall be entitled to remedies set forth In the table below, which must be claimed as described in this SLA. Customer Credit Target MTTR Actual MTTR as% of MRC for the applicable Service 5 6 Hrs. Target Met 6Hrs. to 10 Hrs. 5% 6 hrMRR 10 Hrs. to18Hrs. 10% 18 Hrs. 20% 3. CHRONIC OUTAGE If Customer experiences a Chronic Outage with respect to a Service, Customer shall have the right to elect either of the following remedies, which must be daimed as described in this SLA: ( I) substitute a different Service or a different path for the Service that experienced the Chronic Outage without Incurring any Term' nation Charge or installation fees; or( II) terminate the affected Service for the path that experienced the Chronic Outage without incurring any Termination Charge. EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER& WAVELENGTH SERVICES pg. 14 Grande Communications Networks, LLC 01/ 22/ 2021 GRANDE COMMUNICATIONS' BUSINESS 4. DEFINMONs For purposes of this SLA the following terms shall have the meanings set forth below. Availability" means the dark fibers or the wavelength at issue is available to and accessible by Customer at the specified locations, is capable of transmitting signals and can otherwise be used by Customer. Availability does not involve the quality of data transmission. Periods of Excused Outage are not included in the Availability metric. GRANDE does not monitor the use or availability of dark fiber or wavelength Services, thus any Outage must be reported to GRANDE by Customer. Chronic Outage' means a series of three( 3) or more Service Outages affecting the same Service on the path during a given calendar month, each of which has an actual time to restore" TTR" in excess of GRANDE' s targeted MTTR. Emergency Maintenance" means GRANDE' s efforts to correct conditions on the GRANDE Network that are likely to cause a material disruption to or outage in Services provided by GRANDE and which require immediate action. Emergency Maintenance may degrade the quality of the Services provided to Customer, including possible outages. Any such outages are Excused Outages that will not entitle Customer to credits under this SLA. GRANDE may undertake Emergency Maintenance at any time GRANDE deems necessary and will provide Customer with notice of such Emergency Maintenance as soon as commercially practicable under the circumstances. Excused Outage' means any disruption to or unavailability of Services caused by or due to ( i) Scheduled Maintenance, ii) Emergency Maintenance, or( III) circumstances beyond GRANDE' s reasonable control, such as, by way of example only, Force Majeure Events, acts or omissions of Customer or Customer' s agents, licensees or end users, electrical outages not caused by GRANDE, or any failure, unavailability, Interruption or delay of third- party telecommunications network components the use of which are reasonably necessary for GRANDE' s delivery of the Services to Customer. GRANDE' s Operational Support Center' or " GRANDE' s OSC means GRANDE' s operational support center which is staffed 24x7x365 and can be reached at: 866- 218- 2555. GRANDE Network" means all equipment, fadlities and infrastructure that GRANDE uses to provide Services to Customer, and Includes Customer' s access port. The" GRANDE Network' does not include Customer owned or leased equipment( unless leased from GRANDE), or any portion of Customer' s local area network after the demarcation point for the Services provided by GRANDE. Mean Time to Restore' or" MTTR' means the average time required to restore the Service( s) to a normally operating state in the event of an Outage. MTTR is calculated on a path/ route basis, as a monthly average of the time it takes GRANDE to repair all Service Outages on the specific path/ route. MTTR Is measured from the time Customer opens an Outage related Trouble Ticket is with the GRANDE OSC until the time the Service is again Available. The cumulative length of Service Outages per circuit is divided by the number of Trouble Tickets in the billing month to derive the monthly MTTR per circuit: MTTR in Firs = Cumulative Length of Service Outages Per Month Per Circuit per calendar month) Total Number of Trouble Tickets for Service Outages Per Month Per Circuit Periods of Excused Outage are not included in MTTR metrics. Outage' means a disruption in the Service making the Service completely unavailable to Customer that Is not an Excused Outage. For purposes of STA- related credits and remedies, the period of unavailability begins when an Outage- related Trouble Ticket is opened by the Customer and ends when the connection is restored, as measured by GRANDE. Unavailability does not include periods of Service degradation, such as slow data transmission. Scheduled Maintenance' means any maintenance of the portion of the Grande Network to which Customer' s demarc is connected that Is performed during a standard maintenance window( 1: 00AM— 6: 00AM Local Time). Customer will be notified via email at least forty- eight( 48) hours in advance of any scheduled maintenance that is likely to affect Customer' s Service. EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER& WAVELENGTH SERVICES pg. 15 Grande Communications Networks, LLC 01/ 22/ 2021 GRANDE COMMUNICATIONS' BUSINESS Trouble Ticket" means a trouble ticket generated through the GRANDE OSC upon notification of a Service-related problem. In order for Customer to be eligible for credits or remedies under this SLA, Customer must contact the GRANDE OSC and open a Trouble Ticket regarding the problem. 5. CLAIMING CREDITS AND REMEDIES 5. 1 Jtequestlna SLA Related Credits and Chronk Outage Remedies. To be eligible for any SLA- related Service credit or Chronic Outage remedy, Customer must be current In its financial obligations to GRANDE. Credits are exclusive of any applicable taxes charged to Customer or collected by GRANDE. I) To claim SLA- related Service credits, Customer must do the following: a) Open a Trouble Ticket with the GRANDE OSC within twenty- four( 24) hours of the occurrence giving rise to the claimed aedit( s); b) Submit a written request for the credit( s) to Customer' s account manager within fifteen( 15) days after the end of the calendar month in which the Incident giving rise to the credit( s) occurred; and c) Provide the following documentation when requesting the credit( s): Customer name and contact information; Trouble Ticket number( s); Date and beginning/ end time of the daimed Outage or failed SLA metric; Circuit! Ds for each pertinent circuit/ path; and Brief description of the characteristics of the claimed Outage or failed SEA metric. ii) To claim remedies for a Chronic Outage under this SLA, Customer must do the following: a) Open a Trouble Ticket regarding the Chronic Outage with the GRANDE OSC within seventy- two 72) hours of the last Outage giving rise to the claimed remedy; b) Submit a written request for a remedy regarding the Chronic Outage to Customer' s account manager within thirty( 30) days of the end of the calendar month In which the Chronic Outage occurred; and c) Provide the following documentation when requesting the remedy: Customer name and contact information; Type of remedy requested( e. g., substitution or termination); Trouble Ticket numbers for each individual Outage event; Date and beginning/ end time of each of the claimed Outages; Trouble Ticket number for the Chronic Outage at Issue; Circuit! Ds for each pertinent circuit/ path; and Brief description of the characteristics of the claimed Chronic Outage. If Customer falls to timely submit, pursuant to the procedure described in this Section, a request for any SLA- related credit or Service Outage remedy for which Customer might otherwise be eligible under this SLA, Customer shall be deemed to have waived its right to receive such credit or remedy. The credits and remedies provided by this SEA are Customer' s sole and exclusive remedies for any and all claims or complaints regarding the quality and/ or availability of any of the Services to which this SLA applies. 5. 2 GRANDE' s Evaluation of Claims. All claims for SLA- related credits and remedies for Chronic Outages are subject to evaluation and verification by GRANDE. Upon receiving a claim for SLA- related credit and/ or remedies for Chronic Outage, GRANDE will evaluate the claim and respond to Customer within thirty( 30) days. If GRANDE requires additional information in order to evaluate Customer' s claim, GRANDE will notify Customer by email specifying what additional information is required. Customer will have fifteen( 1S) days from the date on which it receives GRANDE' s request for additional information in which to provide the requested information to GRANDE. If Customer fails to provide the additional information within that time period, EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER& WAVELENGTH SERVICES pg. 16 Grande Communications Networks, LLC 01/ 22/ 2021 GRANDE COMMUNICATIONS' BUSINESS Customer will be deemed to have abandoned its claim. GRANDE will promptly notify Customer of GRANDE' s resolution of each Customer daim. If Customer's claim for an SLA- related credit or Chronic Outage remedy Is rejected, the notification will specify the basis for the rejection. If Customer' s claim for a credit is approved, GRANDE will issue the credit to Customer' s account, to appear on the next monthly invoice. If Customer' s claim for a Chronic Outage remedy Is approved, GRANDE will notify Customer of the date on which the requested substitution or termination will occur. GRANDE' s determination regarding whether or not an SLA has been violated shall be final. 5. 3 Limitations and Exclusions. Total credits for any given calendar month shall not exceed 100% of the MRC for the affected Service. Credits shall not be cumulative with respect to any given incident; instead, if multiple SLAs are violated during a single inddent, Customer shall be entitled only to the largest applicable credit amount This SLA will not apply and Customer will not be entitled to any credit under this SLA for any impairment of Services that is caused by or due to any of the following: ( I) the acts or omissions of Customer, its agents, employees, contractors, or Customer' s end users, or other persons authorized by Customer to access, use or modify the Services or the equipment used to provide the Services, Including Customer' s use of the Service in an unauthorized or unlawful manner;( II) the failure of or refusal by Customer to reasonably cooperate with GRANDE in diagnosing and troubleshooting problems with the Services;( iii) scheduled Service alteration, maintenance or implementation; Iv) the failure or malfunction of network equipment or facilities not owned or controlled by GRANDE or GRANDE' s Affiliates; v) Force Majeure Events; ( vi) GRANDE' s inability( due to no fault of GRANDE) to access fadlities or equipment as reasonably required to troubleshoot, repair, restore or prevent degradation of the Service;( vII) GRANDE' s termination of the Service for cause, or as otherwise authorized by the Agreement; or( viii) GRANDE' s inability to deliver Service by Customer' s desired due date. The remainder of this page is intentionally left blank) EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER& WAVELENGTH SERVICES pg. 17 Grande Communications Networks, LLC 01/ 22/ 2021 JA.' ANDY- HAR'I:ELL County Clerk McLennan County, Teas FILED: FEB 1 s 2021 By Myrcetez Gowan- Perkins, Deputy ORDER APPROVING: AUTHORIZATION OF INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF MCGREGOR( RE: PIGGY- BACK ON BID WITH KNIFE RIVER FOR HOT MIX AND HIGH PERFORMANCE COLD LAID ASPHALT? On this the 16 day of February, 2021, came on for consideration the matter of Authorization of Interlocal Cooperation Agreement with the City of McGregor( re: Piggy-back on Bid with Knife River for Hot Mix and High Performance Cold Laid Asphalt). After discussion, Commissioner Smith made a motion to approve and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. The Court went to J. Capital Improvement, Repair, Maintenance Projects and Construction Projects. AGENDA: FEBRUARY 16, 2021 J. Capital Improvement, Repair, Maintenance Projects and Construction Projects: I. Regarding Rattler Hill Road - Creek Crossing Improvements Approved Bid 20- 023): Authorization of Application and See after Certificate for Payment No. 2 Item H. 12.) 10: 07 ORDER APPROVING: AUTHORIZATION OF APPLICATION AND CERTIFICATE FOR PAYMENT NO. 2 RE: RATTLER HILL ROAD- CREEK CROSSING IMPROVEMENTS( BID 20- 023) On this the 16 day of February, 2021, came on for consideration the matter of Regarding Rattler Hill Road - Creek Crossing Improvements ( Bid 20- 023): Authorization of Application and Certificate for Payment No. 2. After discussion, Commissioner Perry made a motion to approve and it was seconded simultaneously by Commissioner Miller and Commissioner Jones. 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Department/ Office- Specific Requests, Presentations or Items for Discussion and Possible Action( To the Extent Not Addressed Above). AGENDA: FEBRUARY 16, 2021 M. Departmental/ Office- Specific Requests, Presentations or Items for Discussion and Possible Action ( To the Extent Not Addressed Above): 1. Human Resources: Discussion and/ or Action regarding Approved Changes to the Employee Evaluation Form See after Item J. I.) 2. Purchasing: Authorization of On- Line Auction with Rene Approved Bates, related Ad, and Order Declaring Certain Property as Surplus and Authorizing Disposition of Same ref: Local Government Code 263) 3. County Treasurer: Annual Adoption of Authorized Brokers Approved and Recording of TexPool and Texas Class Acknowledgements 11: 43 ORDER APPROVING: ACTION RE: CHANGES TO THE EMPLOYEE EVALUATION FORM HUMAN RESOURCES On this the 16 day of February, 2021, came on for consideration the matter of Human Resources: Discussion and/ or Action regarding Changes to the Employee Evaluation Form. After discussion, Commissioner Perry made a motion to approve and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. ft Ana Picazo McLennan County Acting HR Director 214 N. 4a' St., Suite 200 Human Resources Dept. Waco, TX 76701- 1366 Office:( 254)- 757- 5158 MEMORANDUM Date: February 16t, 2021 To: Commissioner' s Court From: Ana Picazo, Acting HR Director Subject: Notification of Instrument Change for Employee Evaluations The Employee Evaluation and Incentive Pay Program has been in effect for 4 years. For the past 4 review periods, employee evaluations have been completed using the CivicHR Performance Management System. We have received feedback from supervisor end- users about the difficulty in using the system. The Human Resources department has also faced difficulty in maintaining the system and administering the evaluation process. Evaluating employee performance is an important function of a leader and we want to make this function as administratively simple as possible. Therefore, the Human Resources department is discontinuing the use of the online performance management system and replacing the online evaluation with a customized Adobe fillable form for the current evaluation period. The evaluation policy, timeline and processes are not changing. We are only changing the method for recording the evaluation from an online system to a simple Adobe document that will be completed electronically. The document has dropdown fields to select scoring and has automated scoring average calculations to ensure accuracy. No login or password resets required. For the Court' s awareness, we are in the middle of a service agreement with CivicPlus for the online performance management system. The amount paid for service year( May 4th, 2020- May 3rd, 2021) is 6,084.29. The system was used in May and June of 2020 to compile and report evaluation scoring for the 2019 Annual Review period. Because of the limited use of the system following the last review cycle due to system outages, we requested and were granted a partial refund of$ 1, 522. 82 that we have accepted in the form of a credit to the renewal of our Applicant Tracking System with CivicHR. The amount of time saved both for supervisors completing evaluations and the Human Resources department in administering the evaluations will definitely offset any value lost from the system. Moving forward the County will save at least$ 6,084. 29 annually from the discontinuation of the performance management online system. Thank You. Gene JA,' A APPROVED BY COMMISSIONERS20 M© ennan CoJnty Texas THIS DAY OF COUNTY DGE FILED: FEB 1 R 2021 By Myrcetez Gowan- Perkins, Deputy ORDER APPROVING: AUTHORIZATION OF ON- LINE AUCTION WITH RENE BATES, RELATED AD, AND ORDER DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING DISPOSITION OF SAME( REF: LOCAL GOVERNMENT CODE 263): PURCHASING On this the 16 day of February, 2021, came on for consideration the matter of Purchasing: Authorization of On- Line Auction with Rene Bates, related Ad, and Order Declaring Certain Property as Surplus and Authorizing Disposition of Same( ref: Local Government Code 263). After discussion, Commissioner Smith made a motion to approve and it was seconded by Commissioner Miller. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. 1 ui HIM st lrrr WU.Itm& Ken Bass Director of Purchasing Office: ( 254) 757- 5016 214 North 5th Street Fax: ( 254) 757- 5068 Waco, Texas 76701 ken.bass@co. mclennan. tx.us February 16, 2021 Re: County Auction Commissioners Court, The Purchasing Department has 8 lots ready to be given to Rene Bates for our online Auction. Purchasing—( 1) Lot of Computer Electronics and Accessories; ( 2) Lots of Unclaimed Inmate Property; ( 1) Lot of Cell Phones and Accessories; ( 1) Lot of Toners and Misc. Office Supplies Cobbs Surplus Building—( 1) Lot of Misc. Office Supplies; ( 1) Lot of Misc. Old Equipment Maintenance of Buildings—( 1) Pallet of Misc. Old Repair Items The auction is tentatively scheduled to begin on February 19, 2021 and close March 5, 2021. Thank You, Ken Bass Director of Purchasing McLennan. County APPROVED BY COMMISSIONERS COURT r THIS DAY OF ` eON' 20 COUNTY JUDGE AUC- 054 LOCATION: PURCHASING LOT# DESCRIPTION I CO TAG# SERIAL# or VIN MIN BID Lot 1 ( 1) HUGE Lot of Loose IT Items ( See ALL Pictures): 1) Box of Misc. Old Office Phones& Other Items 1) HP Elitedesk 800 G1 PC 28373 2UA51230RS 1) HP Elitedesk 800 G1 PC 28375 2UA51230PZ 1) HP Elitedesk 800 G1 PC 28376 2UA51230L3 1) HP Prodesk 400 G1 PC 28321 MXL5121Z1R 1) HP Prodesk 400 G1 PC 27725 2UA4270DY8 1) HP Prodesk 400 G1 PC 28068 2UA4390QW 1) HP Elitedesk 800 G1 PC 28599 MXL5350DRY 1) HP Laserjet M601 Printer 28081 CNDCGBN1CD 1) HP Compaq 8200 PC 26264 MXL20803YS 1) HP Elitedesk 800 G2 SFF PC 29038 2UA6252S4Y 1) HP M607 Laserjet Printer 30945 CNBCL1ROP1 1) HP M60 Laserjet Printer 25042 CNDX227723 1) HP Elitedesk 800 G1 SFF PC 27506 MSL4140SLH 1) HP Elitedesk 800 G1 PC 28470 MXL5293758 1) HP Elitedesk 800 G1 PC 27988 2UA4040Y01 1) HP Elitedesk 800 G1 PC 28382 2UA51230RF 1) HP 4014 Printer 23857 CNDX312169 1) HP Laserjet M601 Printer 27304 CNCCF9B1PL 1) Acer 17" Monitor 25908 ETLBY0817813308B604216 1) Acer 17" Monitor 25909 ETLBY081781330888614216 1) Acer 17" Monitor 25910 ETLBY081781330888E44216 1) HP 604 ENT Printer 24006 CNBY100213 1) HP Elitedesk 800 G1 PC 28383 2UA51230P5 1) Fujitsu FI- 6130 Scanner 25654 268098 1) Fujitsu FI- 6130 Scanner 24402 071227 1) HP Elitedesk 800 G1 PC 28379 2UA51230KV 1) Canon Image Formula DR- C130 Scanner 27638 FW326388 1) Canon Image Formula DR- C130 Scanner 27639 FW326287 1) HP Elitedesk 800 G1 PC 28378 2UA51230LH 1) Acer 24" Monitor 28958 MMLXXAA00161807BB18520 1) HP Elitedesk 800 G1 PC 28384 MXL5091S4X 1) Super Circuits 19" Monitor 24419 000263 1) HP Elitedesk 800 G1 SFF PC 28381 2UA51230HB 1) HP Prodesk 400 G1 PC I 28074 2UA4390SP6 1) HP DC5700 PC 23126 MXM70304MF 1) SPARC Desktop PC 20420 103034 1) HP 4100TN Printer 20615 USBNJ48313 AU C- 054 1) HP P4015X Printer 25637 CNDY875542 1) HP Laserjet M602 Printer 27117 CNCCF6210P 1) HP 4100TN Printer 20616 USBNJ48321 1) Acer 17" Monitor 22824 ETL510814861905A044203 1) HP 9050 Printer 25728 JPRCC16009 1) HP Laserjet 2300n Printer 21122 CNBFC42530 1) Acer v226LW 22" Monitor 28156 MMXLTAA002427063715800 1) HP Color Laserjet CM2320nf Printer 25751 CNF9C2DXMQ 1) Fujitsu FI- 6130 Scanner 25627 271348 1) Benq Monitor 23285 ETSA6201585L0 1) Acer 19" Monitor 23881 ETLCCO2033828003964100 1) Acer V236HL Monitor 28623 MMLYWAA0035257A4B74200 1) HP Laserjet P4014n Printer 25096 CNDX142850 1) Acer V173 Monitor 24496 ETLBN0CO239381D4A24000 1) HP Compaq 8300 PC 31296 MXL3461SJW 1) Acer V173 Monitor 25748 ETLE10D170480E6998582 1) HP Compaq Pro 4300 SFF PC 27373 MXL3481DW6 1) HP 6200 Pro SFF PC 25854 MXL1311S6Q 1) HP PC 26489 MXL2390PHS 1) Lexmark MS810n Printer 406347990K0CW 1) HP PC 26488 MXL2390PGT 1) Xerox Documate 152i Scanner 9APU7B0560 1) Xerox Documate 152i Scanner 9APU780697 1) Visioneer Patriot 430 Scanner 56G6C91144 1) Visioneer Patriot 430 Scanner 1CN6C61202 1) Visioneer Patriot 430 Scanner OB16C51219 1) Xerox Documate 152i Scanner 9APU7B0542 1) Visioneer Patriot 430 Scanner 1CN6C61075 1) Visioneer Patriot 430 Scanner 0816C51157 1) Visioneer Patriot 430 Scanner 56G6C91086 1) HP Color Laserjet Pro M452dn Printer VNB3M45739 1) HP Laserjet P2055dn Printer CNB9070392 1) HP Laserjet Pro M402n Printer PHBHF07672 1) HP Officejet 6700 Printer( LEAKING INK) CN3BMD5GW4 1) Adtran Netvanta 3205 Router DLBADTN0727AD434 1) Adtran Netvanta 3205 Router FLBADTN0849AC969 1) Adtran Netvanta 3205 Router CLBADTN0720AA994 1) Adtran Netvanta 3205 Router ELBADTN0732AE590 1) Adtran Netvanta 3205 Router HLBADTN0814AE671 1) 3Com Super Stack II Hub 500 Switch 7ZBV1ADD787 1) Fujitsu FI- 6130 Scanner 25628 271345 1) Visioneer Patriot 430 Scanner 1CN6C61092 1) Xerox Documate 152i Scanner 7AAU790259 AUC-054 1) Xerox Documate 152i Scanner 7AAU790286 1) Xerox Documate 152i Scanner 68CU770141 1) Xerox Documate 152i Scanner 7A9U790577 1) Visioneer Patriot 430 Scanner 0C16C51153 1) Fujitsu FI- 6130 Scanner 269392 1) Canon DR- C130 Scanner 27643 FW326286 1) Cisco 1700 Router 20407 JMX0512E100 1) Dell 19" Monitor 27061 CN0Y42997161847NBC4L 1) Dell 19" Monitor 27067 CNOY42997161847NBC4J 1) Dell 19" Monitor 27064 CNOF50356418055R7UEL 1) Dell 19" Monitor 27063 CNOF50356418055121W5 1) Planar 17" PL1700M Monitor BB948C65548 1) Acer 17" Monitor 28802 ETLHWOD17103508D778501 1) Acer 17" Monitor 25468 ETLHWOD17103508D788501 1) Acer V223W Monitor 25705 ETLC30813803908EF94248 1) Dell 19" Monitor CNOCC3887161884PAALD 1) Dell 19" Monitor CNOCC3887161884PAAKZ 1) Dell 19" Monitor CNOCC3887161884PAACW 1) HP Officejet Pro 6978 Printer TH8CC2R04V 1) HP Officejet Pro 8100 Printer CN515HVOKF 1) APC SUA2200R3XLN Server UPS 25321 J51020013384 1) APC SUA2200RMXL3 Server UPS J50852010754 1) HP Deskjet 6940 Printer MY8B6CK122 1) Fujitsu FI- 6110 Scanner 26446 021350 1) HP Elitedesk 800 G1 PC 28385 2UA51230M3 1) Acer X223W Monitor 25814 ETLDX0D0601220B3398515 1) HP 1160LE Printer CNG1R04272 1) HP Laserjet M601 Printer CNDCGD017F 1) HP Laserjet Pro M401n Printer VNG4609657 1) HP Deskjet 6940 Printer MY8C2CK193 1) HP Laserjet Pro M402n Printer PHB5C66249 1) HP Laserjet Pro M452nw Printer VNB3C38156 1) HP Laserjet Pro M477fdw Printer VNB8K41733 1) HP Laserjet P4014n Printer 25014 CNDX145791 1) HP Prodesk 400 G1 PC 28075 2UA4390OJY 1) HP PC 28840 MXL55114L0 1) HP Prodesk 400 G1 PC 28076 2UA4390SND 1) HP Prodesk 400 G3 PC 29446 MXL7041V79 1) HP Probook 450 G1 Laptop 27418 2CE4010322 1) HP Elitebook 8570P Laptop 26576 5CB25104XX 1) HP Zbook 17 Laptop 28282 CND50419FJ 1) HP Pavilion X360 Laptop 28005 5CD4302DOF 1) HP Elitebook 8560p Laptop 25986 4CZ1350SBR AU C- 054 1) HP Probook 650 G1 Laptop 28839 5CG55100Z9 1) HP Elitebook 8440P Laptop 25714 CND1123Z5Z 1) Asus Model EEE PC 1015PX Laptop 25784 B5OABC019790 1) Panasonic Toughpad 29223 FZG1J6000BM 1) Polycom HDX 6000 HD w/ Camera 1140DE/ 06640589 1) HP Laserjet P4014 Printer 25663 CNDX186975 1) HP Laserjet 600 M601 Printer 26387 CNBCD931JF 1) HP Laserjet P2055d Printer CNB1C23839 1) Ricoh Aficio MP 2550 Copier 27237 C85025359 1) Box of Misc. Used Battery Backups 2) Large Boxes of Misc. Network Cables 5) Boxes of Misc. Cables & Computer Electronics 1) Small Box of Misc. Computer Electronics 1) Box of Misc. Keyboards 1) HP KP080UT Docking Station CNU022XHZL 1) HP 230W Dock Station SCG444ZCT9 1) HP A7E36NT Advanced Dock Station CNU322ZOG2 1) HP A7E36NT Advanced Dock Station CNU322Z1BY 1) HP A7E36NT Advanced Dock Station CNU322Z1L4 1) Dell E- Port Plus II Docking Station 5125124700407 1) Dell E- Port Plus II Docking Station 4570610902826 2) Old Office Phones 1) HP Laserjet 2035 Printer CNB9C07690 1) Visioneer Patriot 430 Scanner OB16C51233 1) Visioneer Patriot 430 Scanner OB16C51335 1) HP Prodesk 400 G1 SFF PC 28077 2UA4390SQM 1) HP Deskjet 6940 Printer MY13PCK02K 1) Patriot 430 Scanner 53D6C91095 1) HP Deskjet 6940 Printer MY11MCKOF0 1) HP Deskjet C6940 Printer SG96C1102N 1) HP Elitedesk 800 G1 PC 28374 MXL509154T 1) HP M60 Laserjet Printer 26253 CNBCD1H02J 1) Visioneer Patriot 430 Scanner 1106C51040 1) Visioneer Patriot 430 Scanner 53D6C91037 1) Visioneer Patriot 430 Scanner 0B16C51228 1) Acer V246HL Monitor 28988 6180316685 1) HP Probook 650 G2 Laptop 28998 5CG6240M3G 1) HP Laserjet M602 Printer 27079 CNCCFSN296 1) HP Laserjet P2035 Printer VNB3L13926 1) HP Laserjet P2015 Printer CNB1M13266 1) HP Laserjet P2015 Printer CNB1M21456 1) HP Laserjet P2035 Printer VNB3L13865 1) HP Deskjet 6940 Printer MY82QCS1TT AUC-054 1) Acer 24" Monitor 29819 MMT37AA005728012CO2431 1) HP Elitedesk 800 G2 SFF PC 29090 MXL61928R0 1) HP Elitedesk 800 G2 SFF PC 29100 2UA6151YM9 1) Patriot 430 Scanner 632CN1068A6C1300222 1) Patriot 430 Scanner 1CN6C61194 1) Visioneer StrobeXP220 Scanner 71957B175002924 1) HP P2035 Printer VNB3L13830 1) HP P2015 Printer CNB1M13247 1) HP 251NW Printer CNBF106449 1) Fujitsu FI- 6130 Scanner 25661 276079 1) HP 4250 Laserjet Printer 22933 CNGXDS2006 1) Acer v226LW 22" Monitor 27674 MMLXTAA00241807D2E8500 1) HP Laserjet M604 Printer 23996 CNDCJSVOR1 1) HP Elitedesk 800 G1 SFF PC 28380 MXL509153R 1) HP Prodesk 400 G3 SFF PC 29536 MXL71327GT 1) Dell Optiplex 3020 PC 28739 31TV382 1) Konica Minolta Bizhub 283 Copier 25992 1UF011008827 1) HP M604N Printer 28451 CNBCH6P1XV Lot 2 ( 1) Box of Misc. Unclaimed Inmate Property: 39) Cell Phones 6) Phone Cases 10) Cell Phone Chargers/ Cables 3) Powerbanks 1) Portable Music Player 1) Headphones 4) Ear Buds 2) Speakers 1) Flashlight 1) Head Lamp 1) Hair Clip 8) Sunglasses 5) Reading Glasses 27) Wallets 1) Key Ring 1) Rosary 1) Pendant 8) Watches 17) Rings 4) Bracelets 18) Necklaces 7) Earrings 5) Misc. Piercings AUC-054 Lot 3 ( 1) Box of Misc. Unclaimed Inmate Property: 94) Cell Phones 1) Cell Phone Holder 2) Headphones 4) Ear Buds 10) Cell Phone Chargers 1) Pocket Juice Charger 1) iHome Charger 1) Power Bank 40) Wallets 1) Wallet Clip 1) Fanny Pack 2) Belts 1) Men' s Tie 3) Flashlights 1) Wall Light 1) Case w/ Mirror 1) Small Screwdriver Bit Set 1) Jewelry Box 6) Sunglasses 1) Clip- on Tinted Lenses w/ Case 2) Reading Glasses 17) Watches 1) Fit Bit 4) Hair Clips 48) Rings 23) Bracelets 4) Rosaries 3) Piercings 45) Necklaces 88) Earrings 1) Rolex Spoon Lot 4 ( 1) Lot of Cell Phones and Accessories as Follows: I CANNOT Guarantee That Phones Will Be Accessible; Some Phones Could NOT Be Accessed; Phones That Were Accessible Were ATTEMPTED To Be Reset To Manufacturer Settings, But I CANNOT Guarantee That ANY of These Phones Will Work; Phones Without Additional Comments Were Reset as Best as I Can Tell; BUT I CANNOT GUARANTEE ANYTHING WILL WORK*** AUC-054 1) iPhone 6s 32GB(# F17S31F4HFLR) IMEI: 359159075610411 1) iPhone 6s 32GB(# DNQRXQVEHFLR) IMEI: 359159074009334 1) iPhone 6s 32GB(# FFMSXR8DHFLR) IMEI: 353797086114430 1) iPhone 6s 32GB (# FFMWC866HFLR) IMEI: 359484089238888 1) iPhone 6s 32GB (# FK2VPL62HFLR) IMEI: 356648089455154 1) iPhone 6s 32GB (# FFNWHJS2HFLR) IMEI: 356141090208705 WON' T CHARGE OR RESTORE; CAN' T ACCESS PHONE*** 1) iPhone 5s 16GB (# DX3R4D6YFNJJ) IMEI: 356963065331356 1) iPhone SE (# F17S41QDH2XH) IMEI: 355799070662414 WON' T CHARGE OR RESTORE; CAN' T ACCESS PHONE"' 1) iPhone 5c *** BROKEN SCREEN*" IMEI: 358535057067921 WON' T CHARGE OR RESTORE; CAN' T ACCESS PHONE••• 1) iPhone 6s 32GB (# F17532LOHFLR) IMEI: 359159074025405 4) Misc. iPhone Cases 47) AT& T 313U Aircards 7) AT& T 340U Aircards 5) Misc. Aircards 2) AT& T MF861 Aircards 1) Small Box of Misc. Phone Cords& Accessories 1) Kyocera E4520 Flip Phone ( CAN' T UNLOCK) MEID: 99000421703686 1) Kyocera E4520 Flip Phone MEID: 99000421703637 1) Kyocera E4520 Flip Phone MEID: 99000421703098 1) LG LG- VN2515 Cell Phone 412CYPY1053432 1) Kyocera E4610 Flip Phone IMEI: 990006153005136 1) Kyocera E4610 Flip Phone IMEI: 990006153044671 1) Kyocera E4610 Flip Phone IMEI: 990006152987052 1) Kyocera E4610 Flip Phone IMEI: 990006159040087 1) Samsung SM- B690V Flip Phone MEID: 35563807082077 1) Samsung SM- B690V Flip Phone MEID: 35563807079382 1) Samsung S5 Smartphone 16GB IMEI: 990007370042191 1) Samsung S5 Smartphone 16GB NO BATTERY IMEI: 990007372393568 1) Casio G' z One Flip Phone 141401363842 1) Casio G' z One Flip Phone 141401363891 1) Casio G' z One Flip Phone 141501366756 1) Casio G' z One Flip Phone 141401363848 Lot 7 ( 1) Lot of Old Toners and Misc. Office Items: 1) Large Box of Misc. Old Office Supply Items 1) HP 507A Magenta Unopened Toner( CE403A) 1) HP 507A Cyan Unopened Toner( CE401A) 1) HP 10A Black Unopened Toner( Q2610A) 1) HP 305A Magenta Unopened Toner( CE413A) 1) HP 49A Black OPENED Toner( Q5949A) AU C- 054 OPENED- MAY ALREADY BE USED*" 2) HP 80A Black OPENED Toners ( CF280A) OPENED- MAY ALREADY BE USED*" 1) Lanier Transcriber, Model LCT- 2D 08105 150372 1) MedQuist Transcriber 23020 253342 1) Sylvania DVD Player, Model DVL245G U23636486A 1) Samsung VCR Recorder, Model VR5705 61BF303946 1) Roland DM246 4- Channel Recorder R- 44E ZOE1018 1) Visioneer Scanner Patriot 430 17Q6C51074 Lot 8 ( 1) Pallet of Old Misc. Maintenance Repair/ Supply Items from the county Maintenance Department AUC-054 LOCATION: COBBS DR. SURPLUS BUILDING LOT# DESCRIPTION I CO TAG# SERIAL# or VIN MIN BID Lot 5 ( 1) Box of Dymo# 30320 LW Labels& Misc. Other Items _ 2) Boxes of Broken Swingline Optima 45 Staplers 1) Box of Misc. Broken Electric Staplers & Misc. Other Items 3) Misc. Pictures 1) Bulletin Board Lot 6 ( 1) Lot of Misc. Old Equipment as Follows: 4) Veho Muvi Micro DV Camcorders 4) Large Streamlight Flashlights 1) Motorola XTS 3000 Radio w/ Holster 326ABJ2194 1) Small Streamlight Flashlight 1) Small Surefire Flashlight 1) TLR- 1 Streamlight Gun Flashlight 3) Small Boxes of Misc. Streamlight Accessories 1) ITT Industries G3 Monocular M040184 2) Old Binoculars 1) Box of Misc. Old Radio Cables 1) Tasco# 38- 154550 Scope w/ Tripod 1) Assortment of Misc. Old Atlantic Signal Cables McLennan County Auction Beginning on February 19th, 2021 and ending on March 5'", 2021. McLennan County intends to sell Computer Electronics; Unclaimed Inmate Property; Cell Phones and Accessories; Misc. Maintenance Items; Misc. Other Items. A complete list of items is online at httn:// co. mclennan, tx. us/ 801/ auctions. The sale will be conducted by electronic auction through RENE BATES AUCTIONEERS, INC., 4660 County Road 1006, McKinney, Texas 75071, Phone ( 972) 548- 9636, Fax ( 972) 542-5495, e- mail auction(a renebates. com, web page www. renebates. com The rules and guidelines of the auctioneer must be followed. The above items are being sold " AS IS, WHERE IS, AND WITH ALL FAULTS". No warranties are expressed or implied. All tools, materials, labor and cost thereof required to remove these items from County property shall be the responsibility of the successful bidder. Bidders may bid on any or all lots. Each lot will be sold to the highest bidder who qualifies under this invitation and the rules of the auctioneer. The above lots can be inspected by prospective bidders BY APPOINTMENT ONLY. Contact Garett Bowdoin at( 254) 757- 5016 to view the listed items. McLennan County and the Auctioneer reserve the right to accept and/ or reject any and all bids. Bids received after closing time will not be considered. Payment will be made by the successful bidder within ten( 10) days, by guaranteed funds, after notification of award, in accordance with the instructions of the auctioneer. Lots must be removed by the successful bidder within ten( 10) working days of the receipt of full payment. McLennan County, nor the auctioneer, is responsible for electronic bids/ proposals containing viruses that cannot be eradicated, or that are corrupted as a result. Run in the Waco Tribune-Herald, February 19th, 2021, February 26th, 2021, and March 5th, 2021. March 5, 2021 Send Statement to: McLennan County 214 North 4th St., Suite 100 Waco, Texas 76701- 1366 APPROVED BY COMMISSIONERS COURT THIS tie DAY COUNTY JUDGE ORDER of the MCLENNAN COUNTY COMMISSIONERS COURT DECLARING CERTAIN PROPERTY as SURPLUS as per Local Government Code Ch 263. 151 ( 2) and AUTHORIZING DISPOSITION of SAME as per LOCAL GOVERNMENT CODE Ch 263. 152 On this the sixteenth day of February, 2021, came on for consideration a request from the Purchasing Department to be allowed to place certain items of surplus furniture, tools and equipment( list of items can be viewed in the accompanying documents) in an online auction. In considering this request, the Court has been provided confirmation by the Purchasing Director that the equipment: a) is not salvage property or items routinely discarded as waste; b) is not currently needed by its owner; c) is not required for the owner' s foreseeable needs; and d) possess some usefulness for the purpose for which it was intended NOW, THEREFORE BE IT ORDERED THAT, upon motion duly made, seconded and passed by affirmative vote, after considering the request of the Purchasing Department and the facts available to the Court relative to the equipment shown above: a) The Commissioners Court finds that the items described above meet the criteria for "Surplus Property" set out in the Local Government Code, Sec 263. 151( 2), as amended, and are hereby declared as " Surplus" equipment; and b) The Commissioners Court hereby authorizes the placement ofsaid surplus equipment in an online auction to be held by Rene Bates Auction, as per provisions of the Local Government Code, Sec. 263. 152( a)( I), as amended; and c) The Commissioners Courtfurther authorizes disposition ofsaid surplus equipment by any means authorized by Local Government Code, Sec. 263. 152, in the event no bids are received or bid/ s received are less than a minimum bid amount set by the Purchasing Department. 0/ f co. M. Felton, McLennan County Judge Date: 2f1tp/ 24 a"ANBY' HAP' W' LL, County Cerk McLennan CoJn: v, Texas FILED: FEB 1 R 2021 By Myrcetez Gowan- Perkins, Deputy ORDER APPROVING: ANNUAL ADOPTION OF AUTHORIZED BROKERS AND RECORDING OF TEXPOOL AND TEXAS CLASS ACKNOWLEDGEMENTS: COUNTY TREASURER On this the 16 day of February, 2021, came on for consideration the matter of County Treasurer: Annual Adoption of Authorized Brokers and Recording of TexPool and Texas Class Acknowledgements. After discussion, Commissioner Jones made a motion to approve and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. l'e\ I^ 6n 7: • il: , " aysi-,-eiiiii, ererl Bill Helton Mclennan County Treasurer County Records Building 215 North 5' h Street Suite 226 Waco, TX 76701- 1361 254- 757- 5020( phone) 254- 759- 2832 ( fax) February 9, 2021 TO: McLennan County Commissioners Court RE: Annual Adoption of Authorized Brokers, Signed for Receipt of Investment Policy, & Investment Pool Acknowledgements Annual Adoption of Authorized Brokers: Public Funds Investment Act§ 2256. 025. SELECTION OF AUTHORIZED BROKERS requires that a list of qualified brokers, authorized to engage in investment transactions with the county, be adopted annually. Public Funds Investment Act§ 2256. 002 DEFINITIONS, under( A) requires that brokers be registered under the rules of the " National Association of Securities Dealers" now known as the Financial Industry Regulatory Authority aka FINRA. A list of recommended brokers is provided for annual adoption by Commissioners' Court including their verified FINRA Central Registration Depository number(" CRDW'). Signed for Receipt of Investment Policy: McLennan County Investment Policy§ 2. 04 under( b) requires that any person or entity offering to engage in an investment transaction for the County shall be provided with a copy of the County' s Investment Policy, and sign for receipt of the policy. Recommended brokers and the listed depositories signed for receipt of the McLennan County Investment Policy. Investment Pool Acknowledgements: Public Funds Investment Act§ 2256. 005 under( k) requires that the investment policy shall be presented to, and acknowledged by the Investment Pool in writing. 1 McLennan County Investment Policy§ 2. 04 under( b) requires that a copy of the acknowledgement be provided to the Commissioners Court. A copy of both the TexPool Acknowledgement and Texas Class Acknowledgement are provided. I recommend adoption of the Broker List. Please accept the TexPool Acknowledgement and Texas Class Acknowledgement for recording and filing as required by the McLennan County Investment Policy. Respectfully Submitted, Bill Helton APPR VED BY COMMISSIONERS COURT THI A• YYOOFF1 COUNTYJU E 2 Signed for Receipt of McLennan County Investment Policy Qualified Broker List Per Government Code 2256. 025 FTN Financial Capital Markets, Austin First Empire Securities John Saragusa, CRD# 2351691 Elliott Greenberg CRD# 4798372 401 RR 620 South, Suite 350 100 Motor Parkway Austin, TX 78734 Hauppauge, NY 11788 Phone: 800- 267- 2663 Phone: 800- 645- 5424 FTN Financial Capital Markets, Houston Multi- Bank Securities, Inc. Buddy Saragusa, CRD# 6486777 Gregory H. Pagans CRD# 1585380 920 Memorial City Way, 11th Floor 2400 E Commercial Blvd, Suite 812 Houston, TX 77024 Ft. Lauderdale, FL 33308 Phone: 800- 489- 7651 Phone: 866- 330- 0859 Depositories Engaging in Investment Transactions per McLennnan County Investment Policy 2. 04 BBVA Compass Central National Bank Jackie Basile, Assistant Vice President Laura Strawser, Personal Bankers Manager 1004 Marlandwood Road 8320 W Hwy 84 Temple, TX 76502 Waco, TX 76712 Phone: 254- 770- 5147 Phone: 254- 399- 7266 Texas First National Bank Alliance Bank Central Texas Fritz Matthies, Executive Vice President J. Tanner Moore, Executive Vice President P. O. Box 387 191Archway Drive McGregor, TX 76657 Woodway, TX 76712 254- 840- 2836 Ext. 2207 254- 741- 8000 Acknowledgements Signed by Business Organization per McLennan County Investment Policy§ 2. 04 TexPool Texas Class Denise Hamala, Unit Manager Danny King, Manager c/ o Federated Hermes 740 Hwy 195 1001 Texas Ave., Suite 1150 Georgetown, TX 78633 Houston, TX 77002 512- 914- 6104 866- 839- 7665 TEXPOOL Federated AN. INVES-- ENT SERVICE r16 PUB{ I( FpNpS, Wourn- CUSS INVrmCMTMANAC. IA TEXAS PUBLIC FUNDS INVESTMENT ACT ACKNOWLEDGEMENT AND CERTIFICATION OF INVESTMENT POLICIES This Acknowledgement and Certification is executed on behalf of the Texas Local Government Investment Pools, TexPool and TexPool Prime( collectively, " TexPool"), and Federated Investment Counseling, as investment adviser to TexPool (" Adviser"), pursuant to Section 2256. 005( k), Texas Government Entity")Code, in andconnection TexPool. with investment transactions condu: ted between the McLennan County(" Investing The undersigned, who is a qualified representative of both TexPool and Adviser( the" Qualified Representative") hereby certifies on behalf of TexPool and Adviser that, as of the date of this letter: i.) The Qualified Representative is duly authorized to execute this Acknowledgment and Certification on behalf of TexPool and Adviser; and ii.) The Adviser has received and reviewed t: le Investing Entity' s investment policy( the" Policy"), and will provide a copy of such Policy to a representative of TexPool upon request; and iii.) TexPool and Adviser have implemented : casonable procedures and controls in an effort to preclude investment transactions conducted between the Investing Entity and TexPool that are not authorized by the Policy, except to th; extent that this authorization is dependent on an analysis of the makeup of the Investing Entity' s entire portfolio or requires an interpretation of subjective investment standards. TEXPOOL and TEXPOOL PRIME FEDERATED INVESTMENT COUNSELING Signature: Steven A. Friedman Signature: Steven A. Friedman Authorized Signatory Vice President Date: 4, 2021 February Date: February 4, 2021 Texas [ CLS® Texas Cooperative Liquid Assets Securities System February 3, 2021 Mr. Bill Helton Treasurer McLennan County 215 North 5th, Suite 226 Waco, TX 76701 Re: McLennan County Investment Policy Dear Mr. Helton: Thank you for your interest in the Texas Cooperative Liquid Assets Securities System Trust ( CLASS) program. This letter is to acknowledge that the Texas CLASS staff has received from you ( the " Investor") and reviewed the Investment Policy ( described in ii) below) and the form of resolution ( the " Resolution") proposed for adoption by your governing body ( the " Governing Body") approving the Investment Policy. According to the Resolution, the Investment Policy has been developed in accordance with the requirements of the Public Funds Investment Act, Texas Government Code, Chapter 2256 ( the " Act"), and, upon adoption, will authorize you to deposit funds in Texas CLASS for investment by Texas CLASS. You also have represented to the undersigned that: i. The Investment Officer named in the Resolution has been, or upon adoption of the Resolution will be, ( a) duly designated by official action of the Governing Body to act as its Investment Officer pursuant to the Act, ( b) vested with full power and authority under the Act and other applicable law ( collectively, the Authorized Investments Law") to engage in investment activities on behalf of the Investor and to perform all obligations in connection therewith, and ( c) duly authorized to execute this letter on behalf of the Investor for the purpose of confirming the representations of the Investor set forth herein; ii. Pursuant to the Act, the Governing Body of the Investor has, or will upon approval of the Resolution have, duly adopted a written investment policy, including an investment strategy ( as the same may be amended, the Investment Policy"), and the Investment Officer ( a) has furnished a true and correct copy of the Investment Policy to us and ( b) will promptly notify us of any rescission of, or amendment to, the Investment Policy, provided that we shall be entitled to rely upon the most recent version of the Investment Policy furnished by the Investment Officer; and 2435 North Central Expressway, Suite 1200 I Richardson, Texas 75080 I ( 214) 473- 4224 I www.texasclass. com Texas 1 T 1 is1s®se Texas Cooperative Liquid Assets Securities System iii. The Investor has implemented reasonable procedures and controls in an effort to preclude imprudent investment activities arising out of investment transactions with Texas CLASS, and prior to investing assets through the Texas CLASS program, the Investment Officer will determine that the contemplated investment is authorized under the Authorized Investments Law and is consistent with the Investment Policy. Texas CLASS acknowledges that it has reviewed the investment policy of the above- named entity and has implemented reasonable procedures and controls in an effort to preclude investment transactions involving funds invested on behalf of Texas CLASS participants that are not authorized by the entity' s investment policy, except to the extent that this authorization is dependent on an analysis of the makeup of the entity' s entire portfolio or requires an interpretation of subjective investment standards. The Texas CLASS Program allows the purchase of investments that are authorized by the Act. Texas CLASS is committed to the high standards and level of service that participants expect in the investments of their funds. The foregoing representations of the Investor are true and correct as of the date hereof. Sincerely, Stephen J Dixon Director, Business Operations 2435 North Central Expressway, Suite 1200 I Richardson, Texas 75080 I ( 214) 473- 4224 I www.texasclass. com J. A.' MB? poomUr, County Clerk McLennan CeenW, Texas FILED: FEB i c 2021 By MyrcetezDeputy Gowan- Perkins, AGENDA: FEBRUARY 16, 2021 N. Additional Items( If Any) for Discussion and Potential Action 1. Discussion and/ or Action on Matters Regarding COVID- 19 Information Only including but not limited to Staffing, Emergency Appropriations, See beginning Precautions and Plans, Restrictions to Prevent the Spread of ofthe Meeting) 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 Kept Deferred Engagement Agreement with Messier 42, LLC See after Item M. 3.) 3. Approval of Order for Sole Source Designation and Granting Approved Exemptions from Bidding with Arcosa Aggregates, Inc. Re: Type L Grade 4 and Type L Grade 5 Light Weight Aggregate for McLennan County Road& Bridge Departments) 4. Approval of Order Extending State of Disaster and Public Approved Health Emergency Declaration Due to COVID- 19 through March 31, 2021 5. Authorization of Renewal of Emergency Management Approved Plan for McLennan County See after Rem N. I.) 6. Authorization of Resolution and Order No. 2021- 001 to Approved Reappoint Directors for Places 1, 3, and 5 of the See after Southern Trinity Groundwater Conservation Item N. 4.) District Board of Directors 7. Approval of Order Designating Areas of the Expo Center Approved BASE Building as Auxiliary Courtrooms See after Item K. 3.) 8. Approval of Order Finding Junked Vehicles to be a Public Approved Nuisance, Establishing Procedures for Abatement and Disposition of Junked Vehicles, Providing a Severability Clause, Providing an Effective Date, and Repealing and Replacing Conflicting Orders 9. Authorization of Order Approving the Transfer of Approved Certain Property to Heart of Texas Council of Governments 10. Waco- McLennan County Public Health District: Approved Introduction of New Director See after Item N. 6.) 11: 54 The Court went to Item N. 2. Discussion re: Health Care Plan Audit and related Engagement Agreement with Messier 42, LLC. KEPT DEFERRED: RE: HEALTH CARE PLAN AUDIT AND RELATED ENGAGEMENT AGREEMENT WITH MESSIER 42, LLC On this the 16 day of February, 2021, came on for consideration the matter of Discussion regarding Health Care Plan Audit and related Engagement Agreement with Messier 42, LLC. After discussion, Commissioner Jones made a motion to defer and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, kept deferred by unanimous vote. ORDER REGARDING: APPROVAL OF ORDER FOR SOLE SOURCE DESIGNATION AND GRANTING EXEMPTIONS FROM BIDDING WITH ARCOSA AGGREGATES. INC.( RE: TYPE L GRADE 4 AND TYPE L GRADE 5 LIGHT WEIGHT AGGREGATE FOR MCLENNAN COUNTY ROAD & BRIDGE DEPARTMENTS) On this the 16 day of February, 2021, came on for consideration the matter of Approval of Order for Sole Source Designation and Granting Exemptions from Bidding with Arcosa Aggregates, Inc. ( Re: Type L Grade 4 and Type L Grade 5 Light Weight Aggregate for McLennan County Road & Bridge Departments). After discussion, Commissioner Smith made a motion to approve and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. ORDER OF THE COMMISSIONERS COURT RELATIVE TO A SOLE SOURCE DESIGNATION AND GRANTING EXEMPTIONS FROM BIDDING On the 16th day of February, 2021, the Commissioners Court of McLennan County, Texas considered the recommendation and finding of the McLennan County Purchasing Department that Arcosa Aggregates, Inc. ( formerly Trinity ESC) is a sole source vendor meeting the requirements of Texas Local Government Code, Section 262.024,( a)( 7)( A) relative to the Type L Grade 4 and Type L Grade 5 Light Weight Aggregate needed by the McLennan County Road & Bridge Departments. After consideration of the information presented to the Court and based upon the recommendation of the Purchasing Department, and, upon motion duly made, seconded and passed, IT ORDERED BY THE COMMISSIONERS COURT OF McLENNAN COUNTY, TEXAS that the Court finds exemptions applicable to, and by this Order grants exemptions from bidding with regard to the services and products to be acquired from Arcosa Lightweight relative to the Type L Grade 4 and Type L Grade 5 Light Weight Aggregate for the McLennan County Road& Bridge Departments, as follows: An item that can be obtained from only one source, including: Items for which competition is precluded because of the existence of patents, copyright, secret processes, or monopolies( Sec. 262. 024( a)( 7)( A), Local Government Code). Effective March 1, 2021 through February` 28, 2022. Passed this L,( D day of F . EUA9YT , 2021 a"jjnn /' Scott M. Felton County Judge ATTEST: J. A. " Andy" Harwell McLennan County Clerk ltA Dep Coun , Clerk ARCOSA February 4, 2021 McClennan County Commissioners McClennan County Arcosa Aggregates, Inc. operates one lightweight aggregate plant in the state of Texas; the plant is in Streetman, TX (Navarro County) and it produces expanded shale lightweight aggregates. This expanded shale plant is the only one within the state of Texas; therefore, we are a sole producer and single source of this material within Texas. However, this material is bid statewide on TxDOT, City and County projects/ purchase agreements as an alternate to stone and gravel per the TxDOT Item 302 Specification. We currently supply approximately 20% of the surface treatment aggregate used in the eastern half of Texas on TxDOT district maintenance and construction seal coats. Rest assured that if you select Arcosa Lightweight, you have selected an excellent product for use on chip seals and surface treatment projects. Our Streetman expanded shale has the highest polish value of any aggregate that is rated and monitored by the Texas Department of Transportation' s Bituminous Rated Source Quality Catalog of aggregates for surface treatments. What that means is that the skid value of this material is the best in the State of Texas throughout the life of the material. Additionally, because the material is half the weight of stone and gravel there is virtually no windshield or vehicle damage realized during construction or otherwise and you will benefit from half of the freloht charges compared to stone/ gravel. Please keep in mind that when bidding lightweight aggregate the unit of bid/ payment must be by the CUBIC YARD rather than the ton. Lightweight Aggregate weighs approximately 52 lbs. per cubic foot ( 1400 lbs. per cubic yard) where stone and gravel can weigh as much as 110 lbs. per cubic foot ( 3000 lbs. per cubic yard). When comparing the two, you must know the unit weight of a particular stone or gravel. Multiply that unit weight by 27, which will give you the lbs. per cubic yard of a material. Then divide the lbs. per cubic yard by 2, 000 ( a ton in lbs.) to get the conversion factor. Once a conversion factor is determined, multiply the cost per ton of a particular stone or gravel by the conversion factor to get the price per cubic yard. Then you can compare the cost equally. We appreciate the opportunity to do business in McClennan County and would be proud to be your supplier of choice. Please see the attached test results on our products and should you have any questions I can be reached at 972- 824-3012 or barrett. reese@arcosa. com. Sincerely, Barrett Reese, Jr. Highway Sales Lightweight Aggregates Arcosa Lightweight J A,• ANDY' HARWELL, County Cterk A1e: a AMUA Caunw, Texas FILED: FEB 1 6 2021 By Myrcetez Gowan- Perkins, Deputy ORDER REGARDING: APPROVAL OF ORDER EXTENDING STATE OF DISASTER AND PUBLIC HEALTH EMERGENCY DECLARATION DUE TO COVID- 19 THROUGH MARCH 31, 2021 On this the 16 day of February, 2021, came on for consideration the matter of Approval of Order Extending State of Disaster and Public Health Emergency Declaration Due to COVID- 19 through March 31, 2021. After discussion, Commissioner Jones made a motion to approve and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. 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 March 31, 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 16th day of February, 2021, being date. gttheeffective Scott M. Felton, County Judge ATTEST: J. A. " Andy" Harwell, County Clerk McLennan County, Texas JA.' MVP NAftWect. ceunry Cie* McLennan Caunry. Texas By: uty C ty Clerk FILED' FEB 1 R 2021 By Myrcetez Gowan- Perkins, Deputy ORDER APPROVING: AUTHORIZATION OF RESOLUTION AND ORDER NO. 2021- 001 TO REAPPOINT DIRECTORS FOR PLACES 1. 3. AND 5 OF THE SOUTHERN TRINITY GROUNDWATER CONSERVATION DISTRICT BOARD OF DIRECTORS On this the 16 day of February, 2021, came on for consideration the matter of Authorization of Resolution and Order No. 2021- 001 to Reappoint Directors for Places 1, 3, and 5 of the Southern Trinity Groundwater Conservation District Board of Directors. After discussion, Commissioner Smith made a motion to approve and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. RESOLUTION AND ORDER NO. 2021- 001 OF THE MCLENNAN COUNTY COMMISSIONERS COURT TO REAPPOINT DIRECTORS FOR PLACES 1, 3 AND 5 OF THE SOUTHERN TRINITY GROUNDWATER CONSERVATION DISTRICT BOARD OF DIRECTORS WHEREAS, the Southern Trinity Groundwater Conservation District ( the " District") is a conservation and reclamation district created pursuant to Article XVI, § 59 of the Texas Constitution and subject to the provisions of Chapter 36 of the Texas Water Code; and WHEREAS, the District was created in 2007 in all of McLennan County by an organic act of the Texas Legislature, Act of May 26, 2007, 80th Leg., R. S., ch. 1345, 2007 Tex. Gen. Laws 4594, as amended (" District' s Act"), which Act is codified in Texas Special District Local Laws Code, Chapter 8821; and WHEREAS, the District was created "[ i] n order to provide for the conservation, preservation, protection, recharging, and prevention of waste of groundwater" in McLennan County. Tex. Water Code § 36. 0015; District' s Act § 8821. 002; and WHEREAS, the District' s Act provides for the McLennan County Commissioners Court Commissioners Court") to " appoint one director from each of the four commissioners' precincts and one director to represent the district at large" to serve as permanent directors of the District. District' s Act § 8821. 052( a); and WHEREAS, the District' s Act provides for directors to serve staggered four- year terms, with two or three directors' terms expiring December 31st of each even- numbered year. District' s Act §§ 8821. 051, 8821. 052; and WHEREAS, the permanent directors' term for District Places 1, 3 and 5 expired on December 31, 2020; WHEREAS, " to be eligible to serve as director at large, a person must be a registered voter in the district. To serve as director from a county commissioners precinct, a person must be a registered voter of that precinct." District' s Act § 8821. 052( b); and WHEREAS, on December 13, 2016, the Commissioners Court re- appointed Glen Thurman to represent Place 1 as a permanent director for a term expiring on December 31, 2020; and WHEREAS, on December 13, 2016, the Commissioners Court re- appointed Peter Kultgen to represent Place 3 as a pennanent director for a term expiring on December 31, 2020; and WHEREAS, on December 13, 2016, the Commissioners Court re-appointed Marc Scott to represent at- large Place 5 as a permanent director for a term expiring on December 31, 2020; WHEREAS, Glen Thurman resides and is a registered voter in County Precinct 1 as those precinct lines exist as of the date of this resolution. See District' s Act § 8821. 052; and WHEREAS, Peter Kultgen resides and is a registered voter in County Precinct 3 as those precinct lines exist as of the date of this resolution. See District' s Act § 8821. 052; and 1 of2 WHEREAS, Marc Scott resides and is a registered voter in the County as of the date of this resolution. See District' s Act § 8821. 052; and WHEREAS, the Commissioners Court has determined that Glen Thurman should be reappointed as a director for Place I, beginning on the date of this resolution, and expiring on December 31, 2024; and WHEREAS, the Commissioners Court has determined that Peter Kultgen should be reappointed as a director for Place 3, beginning on the date of this resolution, and expiring on December 31, 2024; and WHEREAS, the Commissioners Court has determined that Marc Scott should be reappointed as a director for Place 5, beginning on the date of this resolution, and expiring on December 31, 2024; and WHEREAS, a regular meeting of the Commissioners Court was held on February 16, 2021, notice having been duly and properly posted in accordance with Chapter 551, TEX. GOV' T. CODE. ANN.; and WHEREAS, a majority of the Commissioners Court was present and constituted a quorum; and WHEREAS, a majority of the Commissioners Court present voted in favor of and adopted this Resolution and Order; and WHEREAS, it is in the public interest that the Commissioners Court approve and adopt this Resolution and Order. NOW, THEREFORE, BE IT RESOLVED BY THE MCLENNAN COUNTY COMMISSIONERS COURT THAT: Section 1. The recitals set out above are found to be true and correct, and they are hereby adopted by the McLennan County Commissioners Court and are made a part of this Resolution and Order for all purposes, and the appointments referenced in the recitals are hereby made. Section 2. This Resolution and Order shall become effective from and after its adoption. PASSED AND APPROVED BY THE MCLENNAN COUNTY COMMISSIONERS COURT THIS THE 16'" DAY OF FEBRUARY, 2021. Scott M. Felton McLennan County Judge ATTEST: J. A. " Andy" Harwell, County Clerk JA.' ANDY' H.ARWELL, Count' Clerk McLennan Counri, Texas y M etez G lvan, Dep ounty Clerk 2of2 FILED: FEB 1 5 2021 By fnyrcetez Gowan- Perkins, Deputy The Court went to O. Americans with Disabilities Compliance Project. AGENDA: FEBRUARY 16, 2021 O. Americans with Disabilities Act Compliance Project: I. Authorization of Professional Services Invoice: CP& Y Approved re: ADA Study/ Report for January) 11: 57 ORDER APPROVING: AUTHORIZATION OF PROFESSIONAL SERVICES INVOICE: CP& Y( RE: ADA STUDY/ REPORT FOR JANUARY) On this the 16 day of February, 2021, came on for consideration the matter of Authorization of Professional Services Invoice: CP& Y ( re: ADA Study / Report for January). After discussion, Commissioner Smith made a motion to approve and it was seconded Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. Partners fora Better Quality of Life CRib Invoice Total 54, 073. 50 February 3, 2021 Invoice No: WALL9923841. 00- 63 Mr. Dustin Chapman County Administrator McLennan County 501 Washington Ave Waco, TX 76701 Project WALL9923841. 00 McLennan County- ADA Study professional Services from January 1. 2021 to Januar_ 31. 2021 Phase 01 Project Management Total this Phase 0. 00 Phase 05 Courthouse ADA Improvements Professional Personnel Hours Rate Amount 3. 00 0. 00 Technician 12.75 74.00 943. 50 Totals 15. 75 943. 50 Total Labor 943. 50 Total this Phase 943. 50 Phase 15 MHMR Crisis Center Professional Personnel Hours Rate Amount Architect 3. 00 129. 00 387. 00 Executive Assistance 3. 75 64. 00 240. 00 Sr. Technician 12. 75 83. 00 1, 058. 25 Totals 19. 50 1, 685. 25 Total Labor 1, 685. 25 Total this Phase 1, 685. 25 Phase 16 Bill Logue Juvenile Detention Professional Personnel Hours Rate Amount Architect 1. 00 129. 00 129. 00 Executive Assistance 50 64. 00 32. 00 Totals 1. 50 161. 00 Total Labor 161. 00 Total this Phase 161. 00 Phase 17 Fairgrounds MET PAYMENT TO: 1820 Regal Row. Suite 200 Dallas. Texas 75235 CPBY, Inc. 1820 Regal Row, Ste. 200 p) 214. 538. 0500 ( t) 214. 838. 3723 www. cpyi. com Dallas TX 75235 Project WALL9923841. 00 McLennan County- ADA Study Invoice 63 Professional Personnel Hours Rate Amount Architect 6.25 129. 00 806. 25 Executive Assistance 25 64. 00 16.00 Technician 1. 25 74. 00 92. 50 Totals 7. 75 914. 75 Total Labor 914. 75 Total this Phase 914. 75 Phase 22 Courthouse- Temporary Courtroom Professional Personnel Hours Rate Amount Architect 2. 00 129. 00 258. 00 Technician 1. 50 74. 00 111. 00 Totals 3. 50 369. 00 Total Labor 369. 00 Total this Phase 369. 00 Total this Invoice 4, 073. 50 Outstanding Invoices Number Date Balance 62 1/ 5/ 2021 4, 921. 25 Total 4,921. 25 Respectfully submitted, crit.Lta(4). UieS4./0 uarreu vicicers APPROVED BY COMMISSIONERS COURT THI a DAY OF 202L 4s rn • COU DOE R1314T PAYMENT TO: 1820 Regal Row. Suite 200 Metes. Texas 75235 CPBY, Inc. 1820 Regal ROW, Ste. 200 p) 214. 638. 0500•( 1) 214. 878. 3723 Dallas TX 75235 www.cpyi. aan Page 2 I ... JA." ANDY' HARWELL. County Clerk McLennan Couny, Texas FILED: FEB 1 g 2021 By Myrcetez Gowan- Perkins, Deputy AGENDA: FEBRUARY 16, 2021 P. McLennan County Venue Project: Authorizations for Phase 1, II and/ or III, including but not limited to: I. Regarding the Architectural Services Agreement with Approved 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 January Services for Dedication Approved Monument/ Invoice No. 0071158 2) Regarding January Services for Venue Approved Project/ Invoice No. 0071157 2. Regarding the Construction Manager at Risk Agreement with None John W Erwin General Contractor, Inc.: Authorization of Applications and Certificates for Payment, Agreement Addendums, Design Documents; Acceptance of Reports, Updates, related matters 3. Regarding Engineering Services Agreement with Walker Partners: Authorization of Professional Services Invoices, Engineering/ Surveying Services Invoices, related matters: a. Authorization of Invoice No. 0103140. 01- 19670 Approved 4. Discussion and/ or Action regarding Monument Deferred Signage and Dedication Plaza 11: 58 ORDER APPROVING: AUTHORIZATION OF PROFESSIONAL SERVICES INVOICES RE: JANUARY SERVICES FOR DEDICATION MONUMENT/ INVOICE NO. 0071158 RE: THE ARCHITECTURAL SERVICES AGREEMENT WITH POPULOUS: AUTHORIZATION OF PROFESSIONAL SERVICES INVOICES. PAY APPLICATIONS, SCHEMATIC DESIGN DOCUMENTS: ACCEPTANCE OF REPORTS. UPDATES. RELATED MATTERS On this the 16 day of February, 2021, came on for consideration the matter Regarding the Architectural Services Agreement with Populous: Authorization of Professional Services Invoices, Pay Applications, Schematic Design Documents; Acceptance of Reports, Updates, related matters: Authorization of Professional Services Invoices: Regarding January Services for Dedication Monument / Invoice No. 0071158. After discussion, Commissioner Smith made a motion to approve and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. POPULOUS INVOICE Dustin Chapman January 31, 2021 McLennan County, Texas Project No: 18.4624. 03 501 Washington Avenue Invoice No: 0071158 Attn: County Judge' s Office Room 214 Waco, TX 76701 McLennan Co Venue Dedication Plaza Professional Services from January 1. 2021 to January 31. 2021 Fee Percent Previous Fee Current Fee Billing Phase Fee Complete Earned Billing Billing Dedication Monument 18, 000. 00 50. 00 9, 000. 00 0. 00 9, 000. 00 Total Fee 18, 000. 00 9, 000. 00 0. 00 9, 000. 00 Total Fee 9, 000. 00 Total this Invoice 9, 000. 00 deSiblin P 9 February 9, 2021 Authorized By: Date: John Fickel APPROVED BY COMMISSI NERS COURT THIS Y OF 20 Li OUNTYJ DGE Electronic payment preferred I Please include invoice number with remittance I Electronic Payment Information: Bank Name: Bank of America I Bank Address: 1200 Main St, KCMO 64105 I Credit to: Populous Group, LLC Account#: 0034 7718 8688 I ABA for ACH: 081000032 I ABA for Wire: 026009593 I SWIFT BIC: BOFAUS3N 4800 Main St, Ste. 300, KCMO 64112 I 7+ 1 816 221 1500 I F+ 1 816 221 1578 JA.' ANDY' HARWELL, County Clerk McLennan Cant Texas FILED: FEB 1 F 2021 By Myrcetez Gowan- Perkins, Deputy ORDER APPROVING: AUTHORIZATION OF PROFESSIONAL SERVICES INVOICES RE: JANUARY SERVICES FOR VENUE PROJECT/ INVOICE NO. 0071157 RE: THE ARCHITECTURAL SERVICES AGREEMENT WITH POPULOUS: AUTHORIZATION OF PROFESSIONAL SERVICES INVOICES, PAY APPLICATIONS. SCHEMATIC DESIGN DOCUMENTS: ACCEPTANCE OF REPORTS. UPDATES, RELATED MATTERS On this the 16 day of February, 2021, came on for consideration the matter Regarding the Architectural Services Agreement with Populous: Authorization of Professional Services Invoices, Pay Applications, Schematic Design Documents; Acceptance of Reports, Updates, related matters: Authorization of Professional Services Invoices: Regarding January Services for Venue Project / Invoice No. 0071157. After discussion, Commissioner Smith made a motion to approve and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. POPULOUS INVOICE Dustin Chapman January 31, 2021 McLennan County, Texas Project No: 18. 4624. 01 501 Washington Avenue Invoice No: 0071157 Attn: County Judge's Office Room 214 Waco, TX 76701 McLennan Co Venue Ph 2 Professional Services from January 1. 2021 to January 31. 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 95. 00 679, 250. 00 679, 250. 00 0. 00 Administration Total Fee 1, 750,000.00 1, 714, 250. 00 1, 714, 250. 00 0. 00 Total Fee 0. 00 Additional Fees Extended Construction Admin Services 15,000.00 Total Additional Fees 15, 000. 00 15, 000. 00 Total this Invoice 15, 000. 00 P 1t`,(/ February 9, 2021 Authorized By: Date: John Fickel APPROVED BY COMMISSIONERS COURT TNI AY OF reS20 ZL COUNTY JUDGE Electronic payment preferred I Please indude invoice number with remittance I Electronic Payment Information: Bank Name: Bank of America I Bank Address: 1200 Main St, KCMO 64105 I Credit to: Populous Group, LLC Account 8: 0034 7718 8688 I ABA for ACH: 081000032 I ABA for Wire: 026009593 I SWIFT BIC: BOFAUS3N 4800 Main St, Ste. 300, KCMG 64112 I 7+ 1 816 221 1500 I F• 1 816 221 1578 J.A.' AN DY- HARv ELL, Cooly Cerk McLennan Count', Texas FILED: FEB 1 6 2021 By Myrcetez Gowan- Perkins, Deputy ORDER APPROVING: AUTHORIZATION OF APPLICATIONS AND CERTIFICATES FOR PAYMENT. AGREEMENT ADDENDUMS, DESIGN DOCUMENTS: ACCEPTANCE OF REPORTS. UPDATES. RELATED MATTERS RE: THE CONSTRUCTION MANAGER AT RISK AGREEMENT WITH JOHN W. ERWIN GENERAL CONTRACTOR. INC. On this the 16 day of February, 2021, came on for consideration the matter of 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. After discussion, Commissioner Smith made a motion to approve and it was seconded simultaneously by Commissioner Perry and Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same are hereby, approved by unanimous vote. Invoice Walker Partners engineers * surveyors 823 Washington Avenue, Suite 100 Waco, TX 76701 Phone:( 254) 714- 1402 Fax:( 254) 714- 0402 www. walkerpartners. com TBPE No. 8053 I TBPLS No. 10032500 Dustin Chapman December 31, 2020 McLennan County Invoice No: 0103140. 01 - 19670 P. O. Box 648 Waco, TX 76703- 064 Total This Invoice 1, 600. 00 Outstanding Invoices 1, 775. 00 Total Now Due 3, 375. 00 Project Manager: Jacob P. Bell , P. E. Project 0103140. 01 McLennan County- McLennan County Venue Survey FngineeringlSurvevina Services through December 29. 2020 Phase 00000 Lump Sum Fee Lump Sum Prior Current Billing Phase Fee Comp. Earned Amount Amount 9 Boundary Verification 8, 500. 00 100. 00 8, 500.00 8, 500. 00 0. 00 12A Topographic Survey( Area A) 52, 100. 00 100.00 52, 100. 00 52, 100.00 0. 00 12B Topographic Survey( Area B) 45, 000. 00 85. 5556 38, 500.00 38, 500. 00 0. 00 12C Topographic Survey( Area C) 32, 000. 00 97. 9688 31, 350.00 29, 750. 00 1, 600. 00 14 Final Plat 16, 500. 00 97. 5758 16, 100.00 16, 100. 00 0. 00 Total Fee 154, 100. 00 146,550.00 144, 950. 00 1, 600. 00 Total 1, 600.00 Sub-total 1, 600. 00 Total this Invoice 1, 600.00 Billings to Date Current Prior Total Received A/ R Balance Lump Sum Fee 1, 600. 00 144, 950. 00 146, 550. 00 Totals 1, 600. 00 144, 950. 00 146, 550. 00 143, 175. 00 3, 375. 00 Outstanding Invoices Number Date Balance 19397 10/ 31/ 2020 1, 500. 00 19593 11/ 30/ 2020 275. 00 Total 1, 775. 00 Total Now Due 3, 375. 00 APPROVED BY COMMIS IONERS COURT TNI Y OF 20 w COUNTY!, DOOE Project 0103140. 01 McLennan County Venue Survey Invoice 19670 Authorized By: Yt"^ Date: I/ i t/Z I Jaco Bell, P. E. JA.' ANDY' HARWELL, County C' enc McLennan Coun y. Texas FILED: FEB 1 6 2021 By Myrcetez Gowan- Perkins. Deputy Page 2 ORDER DEFERRING: ACTION RE: MONUMENT SIGNAGE AND DEDICATION PLAZA On this the 16 day of February 2021, came on for consideration the matter Discussion and/ or Action regarding Monument Signage and Dedication Plaza. After discussion, Judge Felton made a motion to defer and it was seconded by Commissioner Smith. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, deferred by unanimous vote. AGENDA: FEBRUARY 16, 2021 Q. McLennan County Radio Tower Project/ Multiple Site Expansion to Existing Simulcast Communication System: I. Authorization of Communications Site Lease Agreement Kept Deferred with Department of Public Safety( re: Radio Communications Facility) 12: 01 KEPT DEFERRED: AUTHORIZATION OF COMMUNICATIONS SITE LEASE AGREEMENT WITH DEPARTMENT OF PUBLIC SAFETY( RE: RADIO COMMUNICATIONS FACILITY) On this the 16 day of February, 2021, came on for consideration the matter of Authorization of Communications Site Lease Agreement with Department of Public Safety ( re: Radio Communications Facility). After discussion, Judge Felton made a motion to defer and it was seconded by Commissioner Smith. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, kept deferred by unanimous vote. ORDER RECESSING TO EXECUTIVE SESSION On this the 16 day of February, 2021, at 12: 02 o' clock p. m. the County Judge announced that at this time we will go into Executive Session in accordance with Section 551. 074 of the Local Government Code( V. C. T.A.) ORDER RECONVENING REGULAR SESSION On this the 16 day of February, 2021, at 12: 32 o' clock p. m. the Court reconvened in Regular Session with Judge Felton presiding and Commissioners James Smith, Patricia Chisolm- Miller, Will Jones, Ben Perry and the Clerk thereof being in attendance, the following proceedings were had and done to-wit: The Court went back to Item E. 3. a. Human Resources: Discussion and/ or Action re: Director and related matters including Possible Appointment of Director; Possible Approval of Variance to Policies for Internal Promotion. ORDER APPROVING: ACTION RE: DIRECTOR AND RELATED MATTERS INCLUDING POSSIBLE APPOINTMENT OF DIRECTOR; POSSIBLE APPROVAL OF VARIANCE TO POLICIES FOR INTERNAL PROMOTION: HUMAN RESOURCES On this the 16 day of February, 2021, came on for consideration the matter of Human Resources: Discussion and/ or Action regarding Director and related matters including Possible Appointment of Director; Possible Approval of Variance to Policies for Internal Promotion. After discussion, Commissioner Miller made a motion to approve the Commissioners Court approve a waiver from the Operation of Section 7. 13B of the County Personnel Policies regarding posting of an internal promotion that is two pay classifications higher and grant the appointment of Ana Picazo, the current Acting Director of the Human Resources Department to the Director of the McLennan County Human Resources Department; This Promotion is to take effect at the start of the next pay period with a salary of$ 80,000. 00 and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Smith, Commissioner Miller, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. Order Appointing Human Resources Department Director without Further Posting BE IT ORDERED BY THE COMMISSIONERS COURT OF MCLENNAN COUNTY, TEXAS THAT: 1. A waiver from the operation of Section 7. 13 ( B) of the County Personnel Policies regarding posting of an internal promotion two pay classifications higher is hereby GRANTED for the following appointment; 2. Ana Picazo, the current Acting Director of the Human Resources Department, is hereby APPOINTED as Director of the McLennan County Human Resources Department; and 3. This promotion will take effect at the start of the next pay period. PASSED this 16th day of February 2021. Scott M. Felton, County Judge Attest: County Clerk or Designated Deputy Clerk JA. SANDY' HARWELL, County Clerk McLennan Count',Texas FILED: FEB 1 6 2021 By Myrcetez Gowan- Perkins, Deputy AGENDA: FEBRUARY 16, 2021 R. 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 Information Only 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 Capita! Expenditures: including None 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 None Availability& Utilization of County Buildings/ Law Library, Utilization Planning, Consultant, Joint Facilities Master Plan or Study; Space and Office Allocations; Tradinghouse Lake/ Park; 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 None Rural/ Public Transportation Updates/ Reports, related matter 5. Discussion regarding Vote Machine Upgrades None INFORMATION ONLY: WORK SESSION ITEMS( UNLESS OTHERWISE IDENTIFIED ABOVE, NO ACTION WILL BE TAKEN, BUT THESE MATTERS WILL BE DISCUSSED): DISCUSSION RE: 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 On this the 16 day of February, 2021, came on for consideration the matter of Work Session Items( unless otherwise identified above, no action will be taken, but these matters will be discussed): 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. t I I S. i| ! fl ! |! 1 sHil £!| coo .. ! 3 2 f toi s 5 ; t1 4-9 E!! Eliini o _ 0 . , 00 . cA 2 | !F |. . . , . , ! § . 1 f car ± «| ! 5- ` ` ` ! :! E - ,I 91 k d2| axsE og x P t;/ J ah §! I , 7 g . . E LI gr4gihi N | i8 | 9 GPS Client' s bop Cates ClientC I Dien ID I lmaem. nt Deur I Status titre i Sp. ellMtiay I room3e4efI lO one Total hew'.: Me 1 Total indigent Clint,: o Coleman, MlNeN 3039433492 I0/ 33/ 3020 w 3/ 11/ 3021 3/ 17/ 1031 Mat. DtlwryP Indg. Dense- Ran Chem ID D. mn. m Date De. Total Crew I i I Stele I Pave I sp. dlk. oan I PO I to Wt. OMm• e: 5 Total silent Client' s: 4 Bailey, Nos5 2079436607 1/ 212021 Marvin OP 4/ 23/ 1021 4/ 23/ 2021 Nkhab. Owl.. F 2079434133 11/ 10/ 2020 2/ 26/ 2021 2/ 26/ 2021 Pre. Patience 0 2079310513 12/ 31/ 2020 Indigent 2/ 25/ 2021 2/ 25/ 2021 3079435133 12/ 10/ 2020 20221 Nnlry' r, Apelnar Indigent 2/ 18/ 3/ 1e/ 3031 Stephens. llawd. A 2079403022 12/ 3/ 1020 Indigent 5/ 19/ 2031 5/ 19/ 2021 Other Client' s Maw Weep Cam I CliClient. ID Iwm ned DengD stew I hue i sp. rmanew I PO Dateo i 10 Dan Tar Client' s: D. Tar Indium Crem' a: 0 Candmen Of lad Condition dlard I Client I Chem ID 16malmno Dot. I Stays I Extra I Judge I P. 0 I to Dee Tar CKem• r 54 Total Indigent DYnrs: 34 Banda. low G 2079113963 12/ L3/ 2019 Stmt.. leM. 11obgw; Ma* 2079539660 7/ 10/ 2010 ales Heather Arrington, Gary W 2079639493 1/ 6/ 1010 Indigent Strath., eaar. m• Mremy• 3039435966 1/ 1/ 3031 Indlpnt Wet lyrd, Kinney C 2079416557 1/ 27/ 2021 Active Kelly are. Luke 30794211470 6/ 9/ 2020 Active Lather Cardenas. Deana C 2079636163 5/ 27/ 2020 Indigent AGM Seance Carpenter, Randy l 20793634397 11/ 16/ 2030 Indigent Laaher Can. Kelly 0 20793505/ 0 1/ 93/ 3031 Indigent belly Crrn. lames t 2079639333 7/ 17/ 2020 Sirother DM9 Reny I. 207942/ 569 6/ 9/ 2020 DP Rather D. W. Wheel 2079361041 3/ 14/ 2015 Indite. ymlhe, Delgado. lap• 2079433671 10/ 23/ 2020 Indlga Aare Stmpn Went. Bryan 1. 2079633311 4/ 24/ 2020 maiden Anon Lather Whey. Peirce 1079434491 11/ 20/ 2020 Active Soother P. Iryen. Austin C 2079435506 1/ 22/ 2021 Indite. Ache Strainer Ref& Alan I 2079426459 3/ 20/ 2020 Indite. DP Loather NOW Gerund'. peals N 2079433049 10/ 12/ 3020 Indlgen AGN. Sootier Goofiest Lary I 2079403076 6/ 25/ 3011 mN%en Lacher Griffin, Levant. I 2079434935 12/ 4/ 2020 Indite" Ache Stratum Hering, Menai. l 2079437144 2/ 10/ 2031 IMIgen Wee Johnsen, IOchelys A . 2079429739 7/ 16/ 2020 Umber Johnsen, hphl. h0 2079635554 12/ 21/ I020 DP Ymther dense G. apW 2019363540 1/ 19/ 2021 In6gw1 Active Wet 1. Iry, Inndd< 1094366 11/ 25/ 2020 Indigent Stroller Ynnedy, Korey II 109432144 10/ 1/ 2020 Indigent D9 3 bndher Ladwarda. Roy 20941766 59/ 1010 Indigent ADM Stroller Lone. Matthew 109370152 10/ 20/ 2020 Indigent Ache Stroller Wier, Richard D 2079344972 2/ 11/ 2020 Indolent Moan lee, Austin 209434554 11/ 23/ 2020 Soother Ta1. n, Amok l 2094I0641 17/ 2070 Active Wolter lop; Doyen V 209346206 11/ 9/ 2010 soother Ty. o. Omar V 2079433566 10/ 26/ 2010 ADM Smother McKibben. Taylor 207942534E 2/ 21/ 2020 Active Moon Myna, Heath l 203942416 1/ 24/ 1010 IMI1mt Active DMvan. yyam Pere/ Raymond It 10941641 1/ 29/ 2010 Indigent Wolter Prather, Micah 209426041 1/ 1/ 20 0 Indolent Acts.. Strolun ProRl, Philip 109401175 5/ 3/ 201e Wolfer RAWa, Anthony it 209435178 11/ 11/ 020 Indigent Hodges Rodriguez, Glen 0 109430100 1/ 11/ 1010 Indigent Mow Soother Sow. VedellI 209419665 9/ 13/ 2019 IMlpnt StrotMr S.. y, Dylan I 207943416 11/ 11/] 010 Stroller Sims. Phillip 201911655 8/ 16/ 2019 Solar Sleyhta. Cedric 10934966 s/ 15/ 1030 ndolent Mse soother sdddand. 3nmry W 209437131 2/ 10/ 2021 Indolent West Smarm, Seth A 107941156 5/ 16/ 1010 AdM Mom Thomas. Wan M 2079436252 I/ 19/ 2021 Indigent Active Wed Teethe, Chelsea 20942/ 16 5/ 16/ 2010 IMymt Active Stroller Torn k, Rudy 2079344419 3/ 11/ 2020 Mon Vidal Pliny N 209423657 1/ 6/] 010 Active leather Watkins. Chad 5 20942511 1/ 3/ 1010 Indeg. nt AGM brother White, Davin A 209429362 7/ 2/ 2020 IMgant Menton Wilams, IdeMntr. y T 209410107 10/ 4/ 1019 Wagon Slather Lornbon°, Mandan Y 20943695 2/ 9/ 1021 Indigent 09 West Om GOD Client I Diem ID I Enrollment oats I status I ban I W. I PO I ID Data Teel CYent' s: 4 Total indigent a. rn' s: 3 CMWren, Ggbaat 1079403349 4/ 8/ 2019 Florida Cassandra Trevino Maim. Dana 209345998 I l/// 109 " tom Mclennan trio 5lwtl Other, tremor A 207943667 1/ 11/ M11 Mmemt Wly Ion Cosby 9dntlenco. Joel G 20935816 1/ 6/ 1011 Indigent Kelly ' TMMe Chapman Der of Comity On OF Comely Cleat I dent ID I tnaln. nt Beta I Stale I tiro I Judie I Po I to Da. Tow aent' r 41 Tow Mdig. nt Olen'.: 1 Mandan. GaryF 0943419 12/ 3/ 2020 Sell County ARwh. Anton I 07941446 5/ 17/ 2019 MO Cann MWendas, Mom A 09436768 1/ 3/ 1011 844County Cabe. Jr. Isaac 09434719 11/ 30/ 2020 9M County 4W. Mmado 09424639 2/ 4/ 2020 141 County Crory, tyro 079432702 105/ 2020 eel County Collins k. Kenneth 07963059 1/ 9/ 2021 Bell Canny Curry. Dental K 079434673 11/ 25/ 2010 Sal County 0Ogad,' Mouthy S 0941919 11/ 16/ 2019 OH Comity Rendition, David 09406419 1/ 10/ 2019 btu. County Henderson, Kayla D 09406410 1/ 28/ 1019 Basque County Hernandez. Rolla C Cr9428123 Sn6/ 1020 Rol County Holland„ Bradley W 0949099 6/ 6/ 2020 Ileums County lubbrd Michael F 09436726 2/ 1/ 2021 Midland County Lyons KulynD 09435538 12/ 11/ 2020 MO County Mary, Steven I 09427136 4/ 17/ 2020 Fah County MVWleeGmule4 Men 079421450 12/ 3/ 2019 Mot County Mason, Xavier l 0941576 3/ 2/ 2020 BA County MaNlews, Brandon l 10194156 3/ 14/ 1019 BA Canty Matthews, bMVY I 079434060 11/ 9/ 2010 1N County McGowan, Antoine l 09410190 1/ 15/ 2019 BM County IK4M. Tyler. 1 0943653 1/ 19/ 2021 Seto. County Renton. DMeslaws 039431413 V16/ 1020 Rol County NpgM And 079419199 1/ 9/ 1021 SO Canty Nino Ir. Ronan 094H63 12/ 3/ 2010 Fab County Parker, Cbknplw 5 079403129 6/ 26/ 2018 by County Poets k. Thous F 2079412101 3/ 6/ 2019 MCounty Raper, Alan W 2079401431 5/ 10/ 2018 bO County Reyes., Mario 20961503 6/ 1/ 1019 Rol County Ricca, Gorge R 20937857 11/ 3/ 2016 Rol Canty Rain Rand] 6 109432311 9/ 23/ 2020 Milani County sabado, CMaybr 209412564 3/ 15/ 2019 Bel Canty Seaman, Richard M 20964361 11/ 17/ 2020 Fels County Stoll.. Odell M 10943197 10/ 20/ 910 Bell County Tureen. Ml} l l 20941696 3/ 27/ 2020 Idlpnt es,Canty Tavlm. Alen F 20943361 11/ 3/ 1010 Mays County Tomas, D' pwt. M 209437164 2/ 11/ 1021 Rog County Thomw, Frk R 10794I791 5/ 13/ 2020 Bel( away Raquel, Darnel 20941057 1R2/ 1019 BeI County Ward MVP/ S 20943160 9/ 5/ 2010 BM County Weeks, Tyrone 2079433/ 24 11/ 3/ 2020 Bee Lowly Remote Breath Client' s IMP Cm Iota Ohs Cum bustID Enolment Date Sam Extra 1 ( I I I I SVMRau.. e I Pooh. I 10 At. Total dials: 0 Total Indigent O. Mt: 0 Wan Ahpwio woe D. Men. r. 6a Client I O. nt ID I lncda. nt Den I Sam [ Extra I Sp. ola0pm I Po One I to Dal. Taal41MPTotal t9rtrs: 1 Own: 0 Sag* LAMA R 1079435051 12/ 8/ 2020 4/ 9/ 2011 6/ 9/ 1011 Other Client' s Oar oars Client I art io 16mobmem Date Stain I- Extra I Sp. Wkapem I PO Dere I to Dot. Thal dmti 4 Thal Indigent Glen' s: 0 Amery, Stephen 2079385349 5/ 16/ 2017 Seem RC McLennan County family law Reed. William 6 2079399452 3/ 16/ 2011 Soon R6 SmM Camry Shockley, Gordon A 2079436046 1/ 22/ 2021 Scram R6 Era* Camay Sp. 0. r II, Grant H 2079432096 9/ 16/ 2020 Swam al Cwyaa Courtly Csm den Clint I d. m a I Enrollment Data I Mtn I aka I AMP I PO 1 loos. Total Odors: TOW bragent dents: Bend. Justin M 2079356590 6/ 14( 1030 DoneNm, Card 2039435504 12/ 21/ 2020 ** gent 3Mal, 3w. t 11655138 3/ 21/ 2016 rda, Jaime 2079340697 9/ 20/ 2018 Gaunaway, 6. 4a A 1079412841 2/ 6/ 2020 Guta4, Zachary 6 2079177I48 10/} T/ 2Oao N. IRkh, dMopher 1079616251 9/ 241020 Lawrence. Loom° 2079315630 1/113/ 2020 Lloyd. Raymond C 08209536 3/ 4/ 2016 Mayhew, WOW, s 2079334629 41/ 1011 Mendoza. tMMR 2019433658 1/ 11/ 1011 34114, Richard C 203943 W 16 10/ l3/ 1010 Punta. Gaol. t 2039414113 1/ 24/ 1010 Rama; Mara 2079436220 1/ 15/ 1011 lames. Lora A 2079415144 12/ 16/ 2020 Rebecca, Anthony' 1079350342 12/ 23/ 2020 Rojas. Loren 6 2079348177 4/ 26/ 2019 S VA. Mans. V 2079371694 1/ 31/ 2020 Simpler,* MT 5 2079436221 1/ 15/ 102 1 knq, MRArl R 2039419140 7/ 14/ 1010 Attud. t, RkArdt 2079356349 9ry9/ 1016 Vaduz. tdwad* 10794I0575 11/ 141019 Valerie Gceso 2079340378 M/ 1010 WTOL Roy 2079353134 9/ 5/ 2018 Wyws. Kristian 2079396110 6/ 1/1010 CmdOp Of load 004361 a MAW Dent I Dent a ItmdInam Dar. I Sum I Extra I 1ud6. I PO I to On Total Ohm' s: 3 Total** am OW": 0 Now**, TO** 2079415% 3 3/ 5/ 2020 UA kmdr I Prkaa. RMM& D 2079636360 I/ 141021 Wen SaNa4 Omar N 2079418366 4/ 21/ 2010 Men* SCRAM CAM Client' s ledge Cote ledge Cain aeit t I ant ID I Emaimatn Date I Status I Eon 1 Sydlicaons I PO DateCwI to Date Total n' s: 0 Ted Mdlgatt Dent": D ledge aesey4m ledge Del eeypt dent I Corot ID I Enrollment Date I Status I Extra I SP9MaDtao I PO Date I l0 Dee Total Client' s: 1 Total Indigent awn' 1 DeSharo, Wary C 2079633611 10/ 27/ 2020 Indigent 3/ 6/ 2021 3/ 6/ 2021 Moeie- Ramos. MMw A 2079351114 11/ 13/ 2020 Indigent e/ 6/ 1011 e/ 9/ 1021 Other Client' s DM Otbn Owl I dent ID I Envotaynt and I Statue I Extra I Spedilvam I P0 Data I to ate Total Wends: 11 Total lsdiemt amt' s: 1 Lunn. MOM 0 2079427377 4/ 27/ 2020 Indigent Scram CAM 60 County 1/ 2 lndlgmt Rammed Diamond M 2079428965 6/ 9// 010 Sc,.., CAM NO Canty GewaenM.. Adam W 2079371257 1/ 13/ 2020 ban CAM CNM Canty Guidry, Mine 1079433937 11/ 5/ 1010 Scram CAM & I Cony OMgennetl, Stacey I. 2079. 33910 11/ 6/ 1010 Sean CAM ea County lama, add D 2079333937 6/ 2/ 2017 Scram CAM Opaque County Robins III. Lends 1 2019435441 12/ 18/ 2020 Span CAM eel County bltlgwn, Ronald V 2079349346 12/ 31/ 2016 Sawn CAM fa County Smith, Jacob 2039432503 9/ 2 t2010 Span CAM YIICaMy Swinger. laity I 2079412157 6/ 4/ 2020 Scam CVO WA County T4wk, grind. W 2079393091 2/ 2/ 2013 Scram CAM Bell County Toes. Billy 2079400345 - 11/ 15/ 2013 Span CAM Wharton County CO OW Cron I Own ID I EnMMen3 Dote I sutra I Extra I ledge I Po I to Date TonalClem' s: 6 Total Mleent Client' s: 0 Coe, 31ene56 2079363533 3/ 26/ 1011 Duman Mu l 2079432733 11/ 3/ 1020 Merritt, Donn E 2079432550 9/ 29/ 2020 Pate., ROW* S 2079364617 11/ 30/ 2020 Rye, Owe P 2079372749 11/ 11/ 2020 Vallejo. and 2079436761 21I/ 2011 CmdlOm Of Bead Cad— Mood Conr I Oa t ID I Emnpnot Date I Status I Extra I Rdge I P. OP.0 I to Total Client' s: 1 Total indigent airs: 1 Cook. Cynthia M 1079EH041 11/ 9/ 2010 Indigent Hedge Double Program Client' s Cita lady C tea awn awn ID tmo& n. Date stein I I m I I Extra I Sadinada0 I P0 Date I to Dn. — Total alert' s: 1 Tad Indigent Mery 0 Cannon. Michael 2079433411 10/ 13/ 1030 11. 3/ 17/ 1011 3/ 37/ 1W1 18. 4. Denaeynal ledge Dx PIA/ WM awn I aatl0 ID. rmmwu Duel Sulu I Dma I Specifications I PO Date I 10 Dine Tax aan.: 1 Taal Indigent Clem 1 Mk, Noah A 1079436607 1/ 38/ 1011 I, d a1 DP 4/ 33/ 2011 4/ 23/ 2021 Other Client' s Mar Other Client I awn ID I Enrollment Date stem I hire I Spaellbdom I room I loon. Taxa. mt 1 Total Indigent dent'.: 3 Dens,. wry t 2079111669 6/ 9/ 1010 OP Strot., Hens MAP I 207941609 3/ 10/ 2020 Indigent OP Stm[ hr Anne Hannan. avwa9Nar C 2079393465 3/ 10/ 2019 PIG OP McLennan Johnson, Zephaniah 0 2079435554 12/ 21/ 2020 DP Prothro' Kenedy, Korey 20718632644 10/ 1/ 2020 Indigent DP Prather N aewb, Tyler M 1079426963 3/ 6/ 2010 UA Procter W m, Martin 2O79371894 1/ 31/ 2020 Snm g1 Mclennan Lmbvn, Brandon Y 2079636913 1/ 6/ 1011 wind OP Wen Drug Patch Client' s men btu NMater% dent I Client ID I Drama Date I Status I Extra I Sptlnro I PO Date I ldadD Dale Total a o Total indium donna: 0 kedge dimemmMo de.Dale aYm I dnte ID ' Hera/ wentwnt Date Stem I Ewa I stwtlanl I PO dM. I to OM. TOW( leas:leI: 3 Tool Indent don': 1 Noah Bailey, A 1079436607 1/ 29/ 3011 IM19ent GPS 6/ 23/ 1031 4/ 23/ 2021 Other Client' s am no Client I Chant ID 1 EMa4Mnl Date I Sam I Elva I SOetNbtldn I PO Me I IO Date Total den1Y: 17 Total Indlanr O% nI i'. 0 Iawt. IWN D 2079426166 3/ 16/ 2020 Mclennan Cauca. Adrian 2079425108 1/ 14/ 2020 Mclennan Cervantes. km 2079425344 2/ 2/ 2021 Mclennan Enna. Rein S Z0794I7% 6 110/ 1010 Mclennan awe. Jennifer l 20793556740 1/ 7/ 2020 Mclennan Ham, Jonathan a 207943313 10/ 27/ 2020 Mclennan Hamlin. tonne, E 2079419070 6/ 22/ 2020 Mclennan Hanson. DanopM C 2079393485 3/ 20/ 2019 o1 EtG Mclennan HnvM1amp, Ryden 1039431380 I/ 1/ 1021 Mclennan MaMotn ey, Jasper 2079621708 11/ 12/ 2019 Wall N4, Matthew R 2079I11516 13/ 1/ 019 Mclean Paean. Daniel 2079636339 1/ 20/ 3011 MCtxmn Rodr6ue. Freddy 2079427473 4/ 30/ 2020 Mclennan Rot,. MYhael D 2079419353 9/ 13/ 2029 Mclennan smith. William E 2079432331 9/ 22/ 1010 Mclennan Strom,(& abeh R 207941I973 6/ 1I/ 110 Mclennan Vapw. ROM* 2079424811 2/ 10/ 1020 MCMmar deal% Of bed Candid% Of bed Caen I ams ID I Emanent Date 1 SMta. I Enna I spsdlMuam l roost I to Date Total twMY: 16 Total mania awn' s: a Barn. Leonard A 20793100e9 6/ 35/ 2020 wotlmn Inyant, Byron 0 2019431981 9/ 11/ 2020 md¢ ent Stalls CImin6o. DaN 2079344393 11/ 1/ 2020 otMt DM% any l 2079e1669 6/ 9/ 110 GPS Strown OM. Sarre• 2079352271 109/ 1010 Indent Stream Donaldson, Tiffany A 107933560 6/ 4/ 2010 Johnson Estrada Galas 5 207937119 I2/ 4/ 2020 Indigent Mother Mel% Mn E 2079616459 3/ 10/ 1010 hamrt GPS Mnother ACNn Green, Latewa T 2019437120 I/ 10/ 2021 Indigent Wei Hared Thomas; 2079345584 1/ 15/ 1021 WON Johann, lrylas. h O 201635554 1In1/ 2020 GPS Mother Kennedy Gamy I 2079632644 10/ 3/ IOIG IndlSmt GPS Smother Wyman. Cohen l 2079433449 10/ 11/ 1010 MroaMm arrmnor. Jose 0 2079356992 12/ 9/ 2020 brother W rad. Mail 10794356e6 1/ 5/ 1011 Indigent Johnson Lrnhrano, band y 20/ 9616985 I/ I/ 1011 Indlgena GPS West Dam Othee dent I dens ID I( Man., Da' I 50tm I men I Specifications I romp I to Date To. Chem'.: 7 Total Indiana Diem 0 Boo. Man; 20Am37152 2/ 11/ 2021 - is% Conn LComenls. Juan C 207942907/ 6/ 22/ 2020 Path County Cloud, Stephen C 2079432226 _ 9/ 14/ 7070 Mtl County 3pecYhy Court Growl, Ragan 2079614491 1/ 33/ I019 I Gana County McGi1, Ryan C 2079426149 5/ 26/ 2020 NI Canty 50e4i41ty Can Milligan. 0491, 4y 1 2079639379 3/ 1/ 3010 Bel Canty Specialty Court Youmans. Linda R 2079431344 9/ 24/ 3020 MR Canty Specldry Cain UA Client' s 3a6Ra CMOs 3 3. 66e CAY4 client I Oat m I Enro0ment Data I Status I fair. I Spemioaaln I . o Oat. I to oat. TinaTotal Client'.:haled Olen.'.: a Cornun. Michael 307943348E 10/ 13/ 2020 GPS 3/ 17/ 2021 3/ 17/ 2021 lb* 0. Menann 3o* OM. MP- Cu. m I Mont ID I onamnem Data Stab I Lott. I senlwaem I PO Data J to one Tout Ora'.:Indigent Oats: 0 Other Client' s cads. Of loss Cand03e 01 lead Clem Olen m moon m Oat. Store Erb min n PO Data loon. I I[ I I I Sc. o. I I Tow Claim' s: Tow* COCOM Olen'.: 0 Raab llet 2079425963 3/ 6/ 2020 Scram RO bother 1 6m am dent I Clem ID I fmannem Data I Store I fain I 3o. dostwn I POOH. F 10 Dote Total cams: Tow FM1{. m Montt: 0 Nmhon• CMtlepher C 2079397416 3/ 20/ 2019 [ t6 OP MU. me Other 044 Gigot Glom io Lmormm Data I I I statue f Sou. I 90441l144One I PO nno I loon. Tow awm• o: 4 Total N4mt 01a44: 0 Goa. lmnnbn l 2079433933 13/4/ 2020 LTG W County imam. Gary a 2079369960 11/ 14/ 3Y19 LTG latmly law Goolrs MMtMw 3 Z07941W3 1R9/ 3031 too Caney Ortt. Fernando l 2079426186 3/ 11/ 2020 LTG WCar2y Hair Testing Client' s nap Was 10406. tss Meal I Cant m I Enrollment Me l stews I Extra I samiaoan. I Po ow I to Oats Total Coal,: o Tow Indigent Mum'.: 0 adPOeIngealpn lodge U. MMuytr Mani Onto ID Enrdw. al on. sans Extra Specifications Po On. so Total Can' 0 I I I I I I I a.. s: Tatl batnni ales',: a Other Client' s am am aka I am, ID I Entoonwn oats I Stalinal I En o. I sard uee. I Po oat. I w. Date Total av. s Total 0Wy. nt alent' s: 0 Pont., Aubrey Pt 1099340596 11/ 9/ l018 Mclennan CondOlon Mond CaWlum Of dale Mee. I a. mro 1 ir. am. nt Data Status 1 Enna I Specifications I Po Data I soon. Total cam'.: o Total S' d%. m aunt,: d aiM, omnt awn I Main ID I o. eanent One I scant I Eno I sadlltsWn I Po oats I so Data Total Client' s: o Tan inanni onion: d PTIP Client' s Remote Breath Client' s rclient ID I Enrolment Date I I Extra I Removal Date Remote Breath Client' s Total Client' s I 26 2079432313 9/ 23/ 2020 Remote Breath Random UA Si ETG Hair Test et PDP' a request 3/ 22/ 2021 2079433864 11/ 3/ 2020 Remote Breath Random UA 5/ 3/ 2021 2079435543 12/ 21/ 2020 Remote Breath Random UA 6/ 21/ 2021 207943590B 1/ 6/ 1021 Remote Breath Random UA 2/ 6/ 2021 XIA 435876 1/ 5/ 2021 Remote Breath Random UA 6/ 5/ 2021 2079433854 11/ 3/ 2020 Remote Breath Random UA 2/ 3/ 2021 2079436915 2/ 8/ 2021 Remote Breath Random UA 8/ 8/ 2021 2079435530 12/ 21/ 2020 Remote Breath Random UA 6/ 21/ 2021 2079432813 10/ 6/ 2020 Remote Breath Random tie& ETG Hair Test at PllP' a request 4/ 6/ 2021 207 428793 1/ 26/ 2021 Remote Breath Random UA 6/ 15/ 2021 2079427336 6/ 17/ 2020 Remota Breath DP 1st 30 days. Random UA& DP a 9119 Request 6/ 17/ 1022 2079432734 10/ 5/ 2020 Remote Breath Random UA B ETG Hair Test at PTIP' s request 4/ 5/ 2021 2079436210 1/ 19/ 2021 Remote Breath Random UA 7/ 19/ 2021 2079433334 1/ 20/ 2021 Remote Breath Random UA 7/ 20/ 2011 2079436209 2/ B/ 2021 Remote Breath Random UA 8/ 8/ 2021 20794232764 10/ 5/ 2020 Remote Breath Random UA 4/ 5/ 2021 2079436494 1/ 26/ 2021 Remote Breath Random UA 7/ 26/ 2021 2079432580 9/ 30/ 2020 Remote Breath Random UA 6 ETG Hair Test at PDPs request 3/ 29/ 2021 2079436217 1/ 20/ 2021 Remote Breath Random UA 7/ 10/ 2021 2079434049 11/ 9/ 1020 Remote Breath Random UA 5/ 9/ 2021 2079436930 2/ 10/ 2021 Remote Breath Random UA B/ 10/ 2021 2079430048 7/ 22/ 7020 Remote Breath Random UA 4/ 22/ 2021 2079435549 12/ 21/ 2020 Remote Breath Drug Hair Test every 3 months 6/ 21/ 2021 2079418742 8/ 28/ 2019 Remote Breath Random UA 8/ 28/ 2021 2079435846 2/ 4/ 2021 Remote Breath Random UA 7/ 4/ 2021 2079434844 12/ 2/ 2020 Remote Breath Random UA& ETG Hair Test at Pins request. 6/ 3/ 2021 SCRAM CAM Client' s Client ID I Enrollment Date I I Extra I Removal ate SCRAM CAM Client' s — Total Client' s I 12 I 2079435293 I 12/ 15/ 2020 Random UA 6/ 6/ 2021 207943592E 1/ 6/ 2021 Random UA 7/ 6/ 2021 1079434976 12/ 7/ 2020 Random UA 6/ 7/ 2021 2079435007 12/ 2/ 2020 Random UA 6/ 7/ 2021 2079436216 1/ 20/ 2021 Random UA 7/ 20/ 2021 2079436960 2/ 9/ 2021 Random UA 8/ 9/ 2021 2079435093 12/ 9/ 2020 Random UA 6/ 9/ 2021 2079436826 2/ 3/ 2021 Random UA 8/ 3/ 2021 2079436933 2/ 10/ 2021 Random UA 8110/ 2021 2079433397 10/ 21/ 2020 Random UA 4/ 21/ 2021 1079436495 1/ 27/ 2021 Random UA 7/ 27/ 2021 2079436496 1/ 27/ 2021 Random UA 7/ 27/ 2021 52/ 52 Client' s I Client ID I Emolument Date 1 Current Device I Extra I Removal Date 52/ 52 Client' s SC* MI CAM Client' s 1 2079432074 9/ 15/ 2020 Random UA Remote Breath 9/ 15/ 2021 Remote Breath Client' s 6 2079436809 2/ 3/ 2021 Random UA Scram Cam 2/ 3/ 2022 Total Client' s 7 2079432130 9/ 16/ 2020 Random UA Remote Breath 9/ 16/ 2021 2079424182 1/ 22/ 2020 Random UA Remote Breath 1/ 22/ 2021 2079429331 6/ 29/ 2020 Random UA Remote Breath 12/ 29/ 2021 079430143 8/ 10/ 2020 Random UA Remote Breath 8/ 10/ 2021 2079425416 2/ 24/ 2020 Random UA Remote Breath 2/ 24/ 2021 Drug Patch Client' s I arm ID I Enrollment Date I I Extra j Removal Date Drug Patch arm' s Total Client' s I 21 2079423083 3/ 17/ 2020 DP 1st 90days. Random 0A& DP at PTIP Request 6/ 17/ 2021 2079426032 3/ 9/ 2020 OP 1st 30 Days, Random UA& DP/ ETG Hall Test at PUP' s request. 3/ 9/ 2021 2079429394 7/ 1/ 2020 DP lit 30 days. Random UA& DPP POP Request 7/ 1/ 2021 2079416261 6/ 25/ 2019 Op 1st 30 days- Randon UA/ DP 6/25/ 2021 2079433786 11/ 2/ 2020 Dp 1st 30 days& Random op& LTA' s 5/ 2/ 2021 2079412475 3/ 12/ 2019 Random UA& DP& LTG Hair Ten it POP' s request. 3/ 12/ 2021 2079421369 11/ 4/ 2019 DP 1st 30 Days, Random UA& DP 5/ 4/ 2021 2079415556 6/ 5/ 2019 DP 1st60 days- Random VA/ DP 6/ 5/ 2021 2079116713 6/ 18/ 2020 Random VA& DP Fe PUP Request 8/ 14/ 2021 2079432566 9/ 29/ 2020 DP lst 30days. Random UA& DPP POP Request 9/ 29/ 2021 2079427336 6/ 17/ 2020 Remote Breath DP 1st 30 days. Random UA& DPPPTIP Request 6/ 17/ 2022 2079415512 6/ 4/ 2019 DP 1st 90 Days, Random UA& FIG Halt Test at POPS request. 7/ 22/ 2021 2079416892 7/ 22/ 2019 DP 1st 30 days. Random UA 6 DP a POP Request 7/ 22/ 2021 2079433573 10/ 26/ 2020 - Dp 1st 90 days& Random UA 10/ 26/ 2022 207942E625 6/ 10/ 2020 DP 1st 60 days. Random UA& DPP PUP Request 6/ 10/ 2022 2079428845 6/ 16/ 2020 OP 1st 60 drry. Random UA& DPP PPP Request 12/ 16/2021 2079425409 3/ 23/ 2020 OP 1st 60 day. Random UA& DP P POP Request 6/23/ 2021 2079426042 6/ 10/ 2020 DP 1st 60 day, Random UA' s, OP& ETG Hair P PTIP Request 9/ 10/ 2021 5/ 2079414595 8/ 2019 DP 1st 90 Days, Random UA& ETG Hair Test at PPP' s request. 5/ 8/ 2021 2079624280 2/ 4/ 2020 DP 1st 60 days& Random ua 2/ 4/ 2021 2079434380 1/ 19/ 2021 Drug Patch lit 30 day. Random DP' s& Random LTA' s 1/ 19/ 2022 Hair Testing Client' s r arnt ID I Enrollment Date I I Extra I Removal Data Hair Testing Client' s Total Client' s I 28 2079426032 3/ 9/ 2020 OP 1st 30 Days. Random UA& DP/ ETG Hair Test at P1IPs request. 3/ 9/ 2021 2079412475 3/ 12/ 2019 Random UA OP ETG Hair Tess at Mlles request. 3/ 12I2021 2079426331 3/ 17/ 2020 Random UA& FIG Hair Test at PTIP' s request. 3/ 17/ 2021 2079432313 9/ 23/ Z020 Remote Breath Random UA& EEG Hair Test at POPS request 3/ 22/ 2021 2079/ 30286 7/ 29/ 20/ 0 Random UA& ETG Hair Test at PPP' s request. 4/ 28/ 2021 20794/ 9780 7/ 15/ 2020 Random VA 6 FIG Halt Test at POPS request 4/ 15/ 2021 2079425147 2/ 17/ 2020 Random UA& ETG Hair Test at PTIP' s request. 11/ 17/ 2020 2079429949 7/ 20/ 2020 Random UA& FIG Hair Test et PTiPs request 1/ 20/ 2021 2079433540 10/ 26/ 2020 Random UA& ETG Hair Test at PPP, request 10/ 26/ 2021 2079432126 9/ 16/ 2020 Random UA& ETG Hair Test every 90 Days 3/ 16/ 2021 2079435920 1/ 6/ 2021 Random UA& ETG Hair Test at PPPs request 10/ 6/ 2021 2079431739 9/ 4/ 2020 Random ua& ETG Stair Test every 90 Day 9/ 1/ 2022 2079436213 1/ 19/ 2021 Random UA& FIG Hair Test at PPPs request 7/ 18/ 2021 7079429927 7/ 20/ 2020 Random UA& ETG Hair Ten at POPs request 4/ 20/ 2021 2079415512 6/ 4/ 2019 DP 1st 90 Days, Random UA& ETG Hair Test at PliP' s request. 6/ 4/ 2021 2079422253 11/ 26/2019 Random W& Random ETG Hair Test per PPPs request 5/ 26/ 2021 2079432375 9/ 23/ 2020 Random UA& Drug Hair Ten at PPPs request 9/ 23/ 2021 2079426282 3/ 16/ 2020 Random UA& Random FIG Hair Test per POPS request 3/ 16/ 2022 2079435832 1/ 4/ 2021 Random UA& ETG Hair Test at POPS request 1/ 4/ 2022 2079433596 10/ 27/ 2020 Random UA& Drug Mair, ETG Hair Test at POPS request 10/ 27/ 2022 2079426042 6/ 10/ 2020 DP 1st 60days. Random UA' s, DP& FIG Halt P POP Request 9/ 10/ 2021 2079430719 8/ 10/ 2020 Random UA& ETG Hair Ten at PPPs request 5/ 10/ 2021 2079435245 12/ 1e/ 2020 Random UA& FIG Hair Ten at PUPs request 6/ 1A/ 1021 2079432580 9/ 30/ 2020 Remote Breath Random UA& FIG Hair Test at PPPs request 3/ 29/ 2021 Breath 2079435549 12/ 21/ 2020 Remote Drug Bah Test every 3 months 6/ 21/ 2021 2079416072 6/ 19/ 2019 52/ 52 Random UA& Random FIG Hair Ten per PPPI request 6/19/ 2021 2079433533 10/ 26/ 2020 Random UA& ETG Hal, Test at POPS request 4/ 26/ 2021 207% 14595 5/ 8/ 2019 DP 1st 90 Days, Random UA& ETG Halt Test at PDVs request. 5/ 8/ 2021 UA Client' s Client ID i Enrollment Date I I Extra i Remonl Date UA Client' s Total Client' s I 139 2079423083 3/ 17/ 2020 DP 1st 90 days, Random UA& DP at PRP Request 6/ 17/ 2021 2079426032 3/ 9/ 2020 OP 1st 30 Days, Random VA 6 OP/ ETG Hair Test at PDPs request 3/ 9/ 2021 _ 2079433116A 11/ 3/ 1010 Remote Bleats Random UA 5/ 3/ 2021 2079435543 12/ 21/ 2020 Remote Broth Random UA 6( 21/ 2021 2079434982 12( 7/ 2070 Random UA 3/ 7/ 2021 2079429394 7/ 1/ 2020 DP 1st 30 days. Random UA& OP p PDP Request 7/ 1/ 2021 2079629698 7/ 13/ 2010 Random UA 4/ 13/ 2021 2079431093 8/ 18/ 2010 Random UA 5/ 18/ 2021 2079435293 12/ 15/ 2020 Scram Cam Random UA 6/ 6/ 2021 2079433660 10/ 28/ 2020 Random UA 4/ 28/ 2021 _ 2079/ 16261 6/ 25/ 2019 Dp 1st 30 dayrRandon Uq/ OP 6/ 25/ 2021_ 2079433786 11/ 2/ 2020 Dp 1st 30 days& Random Dp& UA' s 5/ 2/ 2021 2079435908 1/ 6/ 2021 Remote Breath Random UA 7/ 6/ 2021 _ 2079431559 8/ 31/ 2020 Remote Breath Random UA 8/ 31/ 2011 _ 2079433344 10/ 20/ 2010 Random UA 4/ 20/ 2021 7079436809 2/ 3/ 2021 52/ 52 Random UA 2/ 3/ 2022 20794/ 2475 3/ 12/ 1019 Random UA& DP& ETG Hair Test at P11P' s request. 3/ 12/ 2021 2079436215 1/ 20/ 2011 Random UA 4/ 20/ 2021 207% 26331 3/ 17/ 2020 Random UA& ETG Hair Test at PTIP' s request. 3/ 17/ 2021 _ 2079423636 1n/ 2010 Random UA 1/ 7/ 2022 2079432313 9/ 23/ 2020 Remote Breath Random UA& ETG Han Test at POP' srequest 3/ 22/ 2023 2079434966 12/ 7/ 2020 Random UA 9/ 7/ 2021 2079436927 2/ 9/ 2021 Random UA 8/ 9/ 2021 2079e32028 9/ 14/ 2020 Random UA 6/ 14/ 2021 2079435928 1/ 6/ 2021 Scram Cam Random UA 7/ 6/ 2021 2079431882 9/ 9/ 2020 Random UA 3/ 9/ 2021 7079435876 1/ 5/ 2021 Remote Broth Random UA 6/5/ 2021 _ 3379431607 9/ 1/ 2020 Random UA 3/ 1/ 2021 2079432698 10/ 2/ 2020 Random UA& VG Han Test at POPS request 4/ 2/ 2021 2079433854 11/ 3/ 2020 Remote Breath Random UA 5/ 3/ 2021 2079430286 7/ 29/ 1020 Random UA& ETG Hair Test at PTIP' s request. 4/ 28/ 2021 , 2079436915 2/ 8/ 2021 Remote Breath Random UA 8/ 8/ 2021 ,, 2079429780 7/ 15/ 2020 Random UA& ETG air Test at POPsrequest 4/ 15/ 2021 2079436218 1/ 20/ 2021 Random UA 10/ 20/ 2021 2079425147 2/ 17/ 2020 Random UA& ETG Halr Test at PTIPs request. 11/ 17/ 2020 2079434408 11/ 18/ 1020 Random UA 2/ 18/ 2020 2073434976 12/ 7/ 2020 Random UA 6/ 7/ 2021 2079428832 6/ 16/ 2020 Random UA 3/ 16/ 2021 2079435842 1/ 4/ 2021 Random UA 4/ 4/ 2021 2079435530 12/ 21/ 2020 Remote Breath Random UA 6/ 21/ 2021 2079429949 7/ 20/ 2020 Random UA& ETG air Test at PDPs request 1/ 20/ 2021 2079433540 - 10/ 26/ 2020 Random UA 6 ETG Hair Test at PTIPs request 10( 26/ 1021 2079429990 7/ 21/ 2020 Random UA 4/ 21/ 2021 2079436119 1/ 13/ 2021 Random UA 4/ 13/ 2021 2079431805 9/ 8/ 2020 Random UA 9/ 8/ 2021 2079434387 11/ 18/ 2020 Random UA 11/ 18/ 1011 2079421369 11/ 4/ 1019 DP in 30 Days, Random UA& OP 5/ 4/ 2021 2079432126 9/ 16/ 2020 Random UA& FIG air Test every 90 nays 3/ 16/ 2021 207% 15556 6/ 5/ 2019 DP 1st 60 days- Random UA/ DP 6/ 5/ 2021 2079435920 1/ 6/ 2021 Random UA& ETG air Test at PTIPs request 10/ 6/ 2021 2079435253 12/ 14/ 2030 Random UA 3/ 14/ 2021 2079428737 6/ 15/ 2020 Random UA 6/15/ 2021 2079431739 9/ 4/ 2020 Random ua& ETC Hair Test every 90 Dap 9/ 1/ 2022 2079432813 10/ 6/ 2020 Remote Breath Random UA& ETG Hair Test at PTaYs request 4/ 6/ 2021 2079435233 12/ 14/ 2020 Random UA 12/ 14/ 2022 2079416713 6/ 18/ 2020 Random UA B DP p PPP Request 8/ 14/ 2021 2079432566 9( 29( 2020 DP 1st 30 days. Random UR& DP p POP Request 9/ 29/ 2021 2079428793 6/ 15/ 2020 Remote Breath Random 0A 6/ 15/ 2021 2079436213 1/ 19/ 2021 Random UA 3 ETO Hair Test at MUM request 7/ 18/ 2021 2079427336 6/ 17/ 2020 Remote Breath DP 1st 30 days. Random UA& DPp POP Request 6/ 17/ 1022 2079434842 12/ 2/ 2020 Random UAB ETG Hair Test at POYs request 6/ 2/ 2021 2079432074 _ 9/ 15/ 2020 52/ 52 Random VA 9/ 15/ 2021 2079429927 7/ 20/ 2020 Random VA& ETG Hair Test at POYs request A/ 20/ 2021 2079432130 9/ 16/ 2020 52/ 52 Random UA 12/ 16/ 2021 2079415512 6/ 4/ 2019 DP 1st 90 Days, Random VA 8 ETG Hair Test at PIIYs request. 6/ 4/ 2021 2079422253 11/ 26/ 2019 Random UAB Random ETG Hair Test per POP' s request 5/ 26( 2021 2079416892 7/ 22/ 2019 DP 1st 30 dap. Random UA& DP p POP Request 7/ 22/ 2021 2079435007 12/ 7/ 2020 Scram Cm Random1/ A 67/ 2021 Z079435111 12/ 9/ 2020 Random UA 3/ 9/ 7021 2079432734 10/ 5/ 2020 Remote Breath Random UA& ETC Hair Test at PTIP' s request 4/ 5/ 2021 2079413018 3/ 26/ 2019 Random UA 3/ 26/ 2021 2079429715 7/ 13/ 2020 Random UA 4/ 13/ 2021 2079436216 1/ 20/ 2021 Scram Cam Random VA 7/ 20/ 2021 2079432375 9/ 23/ 2020 Random UA& Drug Hair Test at POPS request 9/ 23/ 2021 2079426282 3/ 16/ 2020 Random IM B Random ETG Hair Test per PTIP' s request 3/ 16/ 2022 2079433573 10/ 26/ 2020 DP 1s190 days& Random UA 10/ 26/ 2022 2079436960 2/ 9/ 2021 Scram Cam Random VA 8/ 9/ 2021 2079417291 7/ 22/ 2019 Random UA 7/ 22/ 2021 2079436210 1/ 19/ 2021 Remote Breath Random UA 7/ 19/ 2021 2079435832 1/ 4/ 2021 Random UA& ETC Hair Test at POPs request 1/ 4/ 2022 2079435064 12/ 8/ 2020 _ Random UA 3/ 8/ 2021 2079421702 11/ 12/ 2019 Random UR 11/ 12/ 2021 207943E497 1/ 27/ 2021 Random VA 7/ 27/ 2021 2079428625 6/ 10/ 2020 DP 1st 60 dap. Random UA& DP Ea POP Request 6/10/ 2022 2079435093 12/ 9/ 1020 Scram Cam Random UA 6/ 9/ 2021 7079436826 2/ 3/ 2021 Scram Cam Random UA 8/ 3/ 2021 7079433596 10/ 27/ 2020 Random UA& Drug Hair, ETG Hair Test at PTIP' s request 10/ 27/ 2022 1079428845 6/ 16/ 2020 DP 1st 60days. Random UAB DPp POP Request 12/ 16/ 2021 2079133334 30/ 20/ 2020 Remote Breath Random UA 7/ 20/ 2021 2079431820 9/ 8/ 2020 Random VA 9/ 8/ 2021 2079436295 1/ 19/ 2021 _ Random UA 4/ 19/ 2021 2079422761 12/ 9/ 2019 Random UA 6/ 9/ 7021 2079436933 2/ 10/ 2021 Scram Cam Random UA 8/ 10/ 2021 2079436924 2/ 9/ 2021 Random VA 5/ 9/ 2021 2079425409 3/ 23( 2020 OP 1st 60 days. Random VA& DP POP Request 6/ 23/ 1021 2079426042 6/ 10/ 2020 DP 1st 60 dap. Random UA' s, OP& ETG Hair p PTIP Request 9/ 10/ 2021 2079035062 12/ 8/ 2020 Random UA 9/ 8/ 2021 2079436702 2/ 1/ 2021 Random UA B/ 1/ 2021 2079436209 2/ 8/ 2021 Remote Breath Random UA 8/ 8/ 2021 2079418975 9/ 4/ 2019 Random UA 3/ 4/ 2021 2079435106 12/ 9/ 2020 Random VA 6/ 9/ 2021 20794232764 10/ 5/ 2020 Remote Breath Random VA 4/ 5/ 2021 2079430719 8/ 10/ 2020 Random VA& ETG Hair Test at PTIP' s request 5/ 10/ 2021 2079435095 12/ 9/ 2020 Random VA 3/ 9/ 2021 2079436494 1/ 26/ 2021 Remote Breath Random UA 7/ 26/ 2021 2079425165 2/ 17/ 2020 Random UA 5/ 17/ 2021 2079435940 1/ 6/ 2021 Random UA 7/ 6/ 2021 3079035245 12/ 14/ 2020 Random UAB ETG Hair Test at POPS request 6/ 14/ 2021 2079436921 2/ 8/ 7021 Random VA 5/ 8/ 2021 2079433397 10/ 21/ 2020 Scram Cam Random UA 4/ 21/ 2021 2079435927 1/ 6/ 2021 Random UA 7/ 6/ 2021 2079432580 9/ 30/ 2020 Remote Breath Random VA& ETG Hair Test at PM", request 3/ 29/ 2021 2079432874 10/// 2020 Random UA 4/ 7/ 2021 20) 9435050 12/ 8/ 2020 Random UA 3/ 8/ 2021 2079436217 1/ 20/ 2021 Remote Breath Random UA 7/ 20/ 2021 2079436495 1/ 27/ 2021 Scram Cam Random VA 7/ 27/ 2021 2079435874 1/ 5/ 2021 Random UA 10/ 5/ 2021 2079424260 2/ 4/ 2020 OP 1st 60 days& Random pa 2/ 4/ 2021 2079434049 11/ 9/ 2020 Remote Breath Random UA 5/ 9/ 2021 2079436930 2/ 10/ 2021 Remote Breath Random UA 8/ 10/ 7021 2079424182 1/ 22/ 2020 Scram CAM Random UA 7/ 12/ 2021 2079433109 10/ 14/ 2020 Random VA 1/ 14/ 2021 2079343696 3/ 10/ 2020 Random UA 3/ 10/ 2021 2079479333 6( 29/ 2020 52/ 52 Random UA 12/ 79/ 2021 2079430048 7/ 22/ 2020 Remote Breath Random UA 4/ 22/ 2021 2079416072 6/ 19/ 2019 Random UA& Random ETO Hair Test per PTPPs request 6/ 19/ 2021 2079437109 2/ 10/ 2021 Random UA& ETC Hair Test at PTIPs request 8/ 10/ 2021 2079436774 2/ 2/ 2021 Random UA 5/ 2/ 2021 2079418742 8/ 28/ 2019 Remote Breath Random VA 11/ 28/ 2020 2079433617 10/ 27/ 2020 Random UA 1/ 27/ 2021 2079434380 1/ 19/ 2021 Drug Patch 1st 30 dap, Random DP' s& Random UAt 1/ 19/ 2022 2079435846 1/ 4/ 2021 Remote Breath Random VA 7/ 4/ 2021 2079430743 8/ 10/ 2020 52/ 52 Random UA 11// 0/ 2021 2079411832 2/ 25/ 2020 Random UA 2/ 5/ 2021 2079433533 10/ 26/ 2020 Random UA& ETG Hair Test at POYs request 4/ 26/ 2021 20) 9436496 1/ 27/ 2021 Scram Cam Random UA 7/ 27/ 2021 2079434844 12/ 2/ 2020 Remote Breath Random UA& ETG Hair Test at PTIP' s request. 10/ 2/ 2021 2079414595 5/ 8/ 2019 DP 1st 90 Days, Random UA& ETC Hair Test at Ties request. 5/ 8/ 1021 2079425416 2/ 24/ 1020 52/ 52 Random UA 5/ 24/ 2021 I Volunteer Clients Remote Breath Name I Client ID I Enrollment Date Remote Breath Total Client' s 1 0 SCRAM CAM Name I Client ID I Enrollment Date SCRAM CAM Total Client' s 1 0 Drug Patch Name I Client ID I Enrollment Date Drug Patch Total Client' s I 0 GO( WA.' MD eN ARWELCouL, 0 zas FILED. FEB i 6 2021 n- Perkins, By MyrcetezDGpo, Y ITEMS DEFERRED. AGENDA. FEBRUARY 16, 2021 On this the 16 day of February, 2021, upon motion made, seconded and duly passed by unanimous or majority vote, it is ordered by the Court that the following Items on the Agenda for February 16, 2021, be, and the same are hereby, deferred: H. Contracts, Interlocal Agreements, and Memorandums of Understanding; Purchase, Lease, or Acquisition of Goods, Equipment or Services, including any Financing Thereof: 9. Authorization of Interlocal Cooperative Agreement with Crawford Independent School District( re: Parking Lot Blading) N. Additional Items for Discussion and Potential Action: 2. Discussion regarding Health Care Plan Audit and related Engagement Agreement with Messier 42, LLC P. McLennan County Venue Project: Authorizations for Phase I, II and/or Phase HI, including but not limited to 4. Discussion and/ or Action regarding Monument Signage and Dedication Plaza Q. McLennan County Radio Tower Project/ Multiple Site Expansion to Existing Simulcast Communication System 1. Authorization of Communications Site Lease Agreement with Department of Public Safety( re: Radio Communications Facility APPROVAL OF MINUTES The above and foregoing minutes having been read in open Court and found to be correct, the same are hereby, approved this the day of 2021. James Smith, Patricia Chisolm- Miller, Commissioner Precinct 1 Commissioner Precinct 2 Will Jones, Ben Perry, Commissioner Precinct 3 Commissioner Precinct 4 Scott M. Felton, County Judge ATTEST: J. A. "Andy" Harwell, McLennan County Clerk By Deputy County Clerk Myrce' tez Gowan-Perkins