THE COMMISSIONERS COURT * McLENNAN COUNTY * THE STATE OF TEXAS * TO ALL PERSONS INTERESTED:
NOTICE IS HEREBY GIVEN that, in accordance with the Government Code, Chapter 551,( known as the Open Meetings Act), as amended, a
20th special meeting of Commissioners' Court, the governing body of McLennan County, will be held on Tuesday, the day of January, 2015 at 9: 00 a. m. in the Commissioners' Courtroom, 1' Floor, West Wing, McLennan County Courthouse, City of Waco, Texas, at which time, the subjects below will be considered. In addition, notice is hereby given that this January 20, 2015 meeting may be recessed and reconvened on Wednesday, the 21" day of January, 2015 at 1: 00 p. m. at the same location, to complete discussion and action on the agenda items set forth below unless the meeting on January 20, 2015 is adjourned by decision of the Commissioners Court
AGENDA
I. PROOF OF POSTING OF NOTICE in accordance with the provisions of Chapter 551. 041, Government Code, as amended, known as the Open Meetings Act. II. A MOMENT OF SILENCE/ INVOCATION; PLEDGE OF ALLEGIANCE III. CONSIDERATION OF, AND/ OR ACTION ON, THE FOLLOWING: A. APPROVAL/ RATIFICATION OF PROCLAMATION/ RESOLUTIONS B. HEARING FROM MEMBERS OF THE PUBLIC ON COUNTY BUSINESS MATTERS C. ITEMS PREVIOUSLY DEFERRED 1. Regarding County Property and/or Construction Projects: Authorization regarding the Transfer of Former Constable, Pct. 2 Equipment to Tradinghouse Park/ Lake 2. Regarding Surplus Material Allocation from Texas Department of Transportation( Surplus Material Program/ SB 370): a. Acceptance of Material b. Authorization re: Selection of Material and Precinct Allocation 3. Regarding County Sheriff/ Jail/ Criminal Justice Issues: a. Discussion and Action on Creating Criminal Justice Program Analyst Position to Investigate Various Possible Programs and Adjustments including, but not limited to, Mental Health Court Program and Veteran' s Court Program b. Discussion and Action on Approving Employment Agreement for Kristi DeCluitt to Serve as Criminal Justice Program Analyst and any related actions c. Discussion and Action on Accepting the Resignation of Kristi DeCluitt from Justice of the Peace, Precinct 1 Position D. RIGHT OF WAY PURCHASE, USE, CONVEYANCE and/or CONDEMNATION: Authorization/ Action on: Expansion/ Repair Projects including, but not limited to: Easements/ Offers/ Contracts to Purchase ROW; Contracts for Sale; Contracts re: Appraisal / Surveying Services, ROW Acquisition / Sale; Authorization for Legal Counsel re: Eminent Domain / Condemnation Proceedings, Execution of Legal Documents E. REGARDING COUNTY PROPERTY and/ or CONSTRUCTION PROJECTS: Renovations, Repairs, Indemnification Regarding Cleaning/ Maintenance Projects, Space Allocations / Furnishings/ Equipment/ Architectural Services/ Invoices/ Approval of Pay Applications/ Change Orders/ Contracts/ Lease Agreements/ Certifications of Substantial Completion/ Authorizations Regarding Sale/ Lease/ Acquisition or Property 1. Discussion and/ or Action re: Removal and Disposal of Chemicals at the Old County Garage 2. Authorization re: Texas Historical Commission Use of Eagle Statue F. AUTHORIZATIONS RE: CONTRACTS/ LEASE AGREEMENTS/ INTERLOCAL AGREEMENTS: 1. Economic Development a. Waco- McLennan County Economic Development Corporation ( WMCEDC): Authorization of Agreements; Consultant Services; Proposed Projects/ Program Project Agreements/ Addendums/ Pay Apps 2. Authorization of Bundled Commercial Service Agreement and Related Documents: AMG Technology Investment Group, LLC DBA NextLink Broadband( re: McLennan County Records& Management Building) 3. Authorization of Submission of Fuelman Fleet Card Program Applications: FleetCor Technologies Operating Company, LLC 4. Authorization of Recording System Support Agreement: Business Information Systems, Inc. (re: Commissioners Courtroom) G. REGARDING THE COUNTY BUDGET: Amendments / Requests for Amendments and related Certification of Additional Revenue, if applicable, Expenditure Requests, Other Budgetary Requests 1. Regarding the FY 15 Budget: a. Budget Updates/ Status Reports from County Auditor, as necessary b. Justice Technology Fund( Fund 140) c. County and District Court Technology Fund( Fund 142) d. Justice of the Peace, Precinct 1 Place 1: Discussion and/ or Action regarding FY 15 Budget H. COUNTY SHERIFF / JAIL / CRIMINAL JUSTICE ISSUES ( County Operated / Privately Operated Jail Facilities): Change Orders, Pay Apps, Repairs/ Renovations/ Infrastructure Improvements/ Personnel / Salary Matters/ Updated Reports/ Equipment Purchases/ RFP' s; Authorization of Contracts/ Agreements/ Amendments I. HEART O' TEXAS FAIR/ EXTRACO EVENTS CENTER: Authorization re: Contracts/ Professional Services / Lease / Rental Agreements / Contract Addendums / Change Orders / Extensions; Property Transactions / Deeds, Insurance, Surveys / Proposals / HOT Fair, Equipment/ Supplies; Authorizations re: Purchases, Plans & Specifications, Construction, Operations, Pay Apps, Bids / RFP' s; Repairs/ Renovations, Expenditure Authorizations, related matters J. GRANTS / PROPOSALS / SPECIAL PROJECTS: Authorization of Grant Applications / Contracts / Grants, Administration & Reporting Matters/ Consulting Services/ Pay Apps/ Change Orders/ Bids/ Invoices/ related Legal Matters/ Documents 1. Regarding the Texas Indigent Defense Commission FY 15 Formula Grant: Recording of Statement of Grant Award K. BIDS/ RFP' S/ RFQ' S/ QUOTATIONS for GOODS& SERVICES, including Recording of Vendor HB 914 Conflict Disclosure Statements, if applicable L. CONSENT AGENDA ITEMS: 1. Reading/ Approval ofPrevious Meeting Minutes: Acceptance of Amendments/ Supplements/ Corrections; Recording into the Court Minutes of Previously Approved Documents, Items Not Requiring Court Action, HB 914 Conflict Disclosure Statements, as applicable 2. Financial Obligations ofMcLennan County: a. Authorization for Co. Treasurer to Pay County Checks/ Wire/ Electronic Transfers Issued Since the Last Authorization b. County Treasurer: Interest/ Investment Reports/ Authorizations/ Recording of McLennan County Investment Policy/ Acknowledgement Forms/ Pooled Cash Account Balance Reports 3. Human Resources/ Salary Matters: Benefits/ Status Forms/ Revisions to Salary Schedules; Authorizations Regarding Human Resources Issues / Revisions to Human Resources Policies; Compensation / Classification Issues / Personnel Reviews / Reclassifications, Administrative Guidelines; Consultant Reports, Recommendations, Job Descriptions/ Postings
a. Maintenance of Buildings: Discussion and/or Action regarding Replacement of Facilities Director b. Constable, Precinct 1
Agenda continued on page 2 Agenda continued from page 1
L. Consent Agenda Items continued:
4. Authorizations / Ratifications re: RFP' s / RFQ' s / Bids / Advertisements / Publications / Public Notices / Sole Source Determinations/ Surplus/ Scrap Property Determinations/ Recording ofLegal Notifications a. Authorization of Advertisements for RFQs/ Bids/ RFP' s/ Public Notices b. Authorization of Notice of Public Hearing re: Countywide Election Day Polling Place( Vote Centers) Program as per Section 43. 007 of the Texas Election Code 5. Travel and/or Education Requests/ Ratifications: a. County Sheriff b. Constable, Precinct 2
c. Maintenance of Equipment 6. Acceptance / Non Acceptance of Officials / County Department Heads / Staff/ Organization Reports / Updates; Policy Recommendations; Reports relative to County Contracts/ Agreements/ Programs; Recording of Educational or Insurance Certificates/ Awards/ Bonds/ Recording of Conflict Disclosure Statements, Presentations to the Court a. Maintenance of Equipment: Monthly Activity Reports, December 2014 b. Mental Health Court Services: Monthly Activity Reports, December 2014 c. Pretrial Services: Monthly Activity Reports, December 2014 d. National Weather Service: Presentation of StormReady Certificate e. Information Technology: Monthly Activity Reports, December 2014 f. Property/ Casualty Insurance Committee: Recording of Meeting Notes 7. Commissioners Court, Discussion on, Consideration of and/ or Action on:
a. Ratification of Purchase/ Designation of Authorized Purchaser: 1) Maintenance of Equipment: Ratification of Expenditure( AAMCO Transmissions) b. Authorization re: Burn Ban in the Unincorporated Areas of McLennan County c. Acceptance of Bond/ Oath Documents for Various Elected and/or Appointed County Officials, related authorizations as necessary d. Regarding the On-Site Sewage Facility( O.S. S. F.) Program: Authorization of December 2014 Billings, Reports/ Information M. COMMISSIONERS COURT WORK SESSION: Information Gathering, Discussions, Status Reports / Updates and/ or Presentations on any or all of the items listed below ( no action will be taken by the Court on items presented in this part of the meeting): Discussion/ Suggestions Regarding: Future Work Session Items 1. Discussion re: Criminal Justice Issues: Updates regarding the Electronic Monitoring Program, including Discussion on Expanded Program Services/ Coordinating the McLennan County Criminal Justice System/ Criminal Justice Process/ Creation of a Criminal Justice Work Group/ Discussion on Ways to Control the Jail Population / Jail Magistrate/ Bail Bonds / Indigent Defense Departments / Pretrial Services / Veterans & Mental Health Courts / Courthouse Security / Video Conferencing Utilization/ DARE Program, related matters 2. Discussion re: Capital Expenditures: including Discussion Regarding the Time Schedule for Capital Outlay/ Recommendations from the Finance Committee Regarding the Spending Policy/ Equipment Financing, related matters 3. Discussion re: County Property: including Discussion Regarding Space Availability & Utilization of County Buildings, Utilization Planning, Consultant, Joint Facilities Master Plan or Study/ Updates re: Maintenance at Hwy 6 or Downtown Jail / Maintenance at Tradinghouse Lake/ Park, Recommendations from Tradinghouse Lake/ Park Advisory Committee / Property Casualty Insurance / Discussion re: Space Availability, Records, Policies, and Upcoming Renewal/ Bid relative to Restland Cemetery and/ or Rosemound Cemetery / Extraco Events Center ( Heart of Texas Coliseum) Moisture Intrusion Investigation / Themis Statue/ Old County Garage and Matters Related Thereto 4. Discussion re: Texas Department of Transportation: including Discussion re: Rural/ Public Transportation, related matters 5. Discussion re: the County Website: including, but not limited to, Improvements to Appearance and Information Access 6. Discussion re: Jury Pay Donation List 7. Discussion re: McLennan County Group Health Plan: including Discussion re: Expansion of Access of Medical Facilities, related matters IV. Executive Session: A closed meeting will be held pursuant to: A. Section 551. 072 of the Government Code ( VC.T.A.): Regarding Real Property, including, but not limited to: ( 1) Right-Of-Way Acquisitions re: Expansion / Repair Projects; 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 B. Section 551. 071 of the Government Code ( V.C.T.A.): so that the Commissioners Court can seek and receive legal advice from its attorneys regarding pending or threatening 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 with regard to Department of Justice ADA Compliance Review, Legal Authority and Restrictions regarding Changes to Budget, and Employment Related Claims or Potential Liabilities C. Section 551. 074 of the Government Code ( V.C.T.A.): Regarding Personnel Matters including but not limited to: Interviews of and Deliberations Regarding Applicants for Maintenance of Buildings Facilities Director D. Section 551. 087 of the Government Code ( VC.T.A.): Regarding Economic Development Negotiations including, but not limited to 1) Discussion of Commercial / Financial Information Received from a Business Prospect/ s; ( 2) Pending Negotiations / Potential Prospects and Projects; and/or( 3) Discussion re: Offers of Financial or Other Incentives to Business Prospect/ s
Signed this the LJ - day of January, 2015
7.4011. 2-4&) 46)2 Li SCOTT M. FELTON, County Judge
STATE OF TEXAS * COUNTY OF McLENNAN *
I, J. A." ANDY" HARWELL, County Clerk, and the Ex-Officio Clerk to the Commissioners Court, hereby certify that the above and foregoing is a true and correctc py of a NOTICE OF MEETING ppost by me at the Courthouse door in Waco, McLennan County, Texas, where notices are customarily posted this the l ' day of C . , 2015 at` f.uo'clockgm.
seal of office at Texas this of 2015. Witness my hand and Waco, McLennan County, iSday J. A.` DY" HARWELL, County Clerk, McLennan County, Texas RII, l: r JAN 2 0 2015
I ( SEAL tly HARWELL. County Cleric B Q , Deputy) Lennon County Texas tiv MOB Cook 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 IN THE COMMISSIONERS COURT OF MCLENNAN COUNTY THE STATE OF TEXAS * COUNTY OF MCLENNAN * TO ALL PERSONS INTERESTED:
NOTICE IS HEREBY GIVEN in accordance with the Government Code, Chapter 551, known as the Open Meetings Act), as amended, that a special meeting of Commissioners' 20th Court, the governing body of McLennan County, will be held on Tuesday, the day of January, 2015 at 9: 00 o' clock a.m. in the Commissioners Courtroom, First Floor, West Wing, of the McLennan County Courthouse in the City of Waco, Texas, at which time the 15th, following SUPPLEMENT to the AGENDA previously posted on January 2015 will be considered:
SUPPLEMENTAL AGENDA
1. Proof ofposting of notice in accordance with the provisions of Chapter 551. 041, Government Code, as amended, known as the Open Meetings Act.
2. Authorizations re: Contracts/ Lease Agreements/ Interlocal Agreements: a. Approval of Commercial Lease and related documents: Balcones Distilling, LLC (re: Portion of County Property Located at 305 S. 20th Street)
Signed this the I( day of January, 2015
C71: 264&) 712 44924-J1 SCOTT M. FELTON, COUNTY JUDGE
THE 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 SUPPLEMENTAL NOTICE OF MEETING posted by me at the Courthouse door in Waco, McLennan County, Texas, where notices are customarily posted, on this the . I(, p day of 00.111),(),(L) , 2015 at t o'clock . m.
Witness my hand and seal of office at Waco, McLennan County, Texas, on this 1 LQday of January, 2015.
J. A. "ANDY" HARWELL, County Clerk SEAL) McLennan County, Texas
B Cti At C-Deputy) (
NOTICE Persons with disabilities who plan to attend the meeting and who may need auxiliary aids or services are requested to contact the Office of the County Judge,( 254) 757- 5049, pnor to the meeting date
FILED: JAN 2 0 2015
J. A.' ANDY" HARWELL, McLennan County Clefft By Laurie Cook DECS AGENDA: JANUARY 20, 2015
II. A MOMENT OF SILENCE/ INVOCATION; PLEDGE OF ALLEGIANCE
CD-313, 9: 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 of Allegiance led by our County Veteran Service Officer. AGENDA: JANUARY 20, 2015
III. CONSIDERATION OF, AND/ OR ACTION ON, THE FOLLOWING:
B. HEARING FROM MEMBERS OF THE PUBLIC ON COUNTY BUSINESS MATTERS
No One Spoke
CD-313, 9: 02
County Judge Felton opened the floor to anyone present who wished to address the Court on County business matters. Not hearing anyone speak, County Judge Felton closed the hearing. The Court went to L. 6. d. National Weather Service: Presentation of StormReady Certificate. INFORMATION ONLY:
PRESENTATION OF STORMREADY CERTIFICATE RE: NATIONAL WEATHER SERVICE
On this the 20 day of January, 2015, came on for consideration the matter Regarding National Weather Service: Presentation of StormReady Certificate. Mr. Tom Bradshaw with National Weather Service gave a presentation to the Court regarding StormReady Certificate. Information Only. The City of Waco and McLennan County have been certified as a" StormReady" community by the National Weather Service (NWS). The StormReady program began in 1999 in Tulsa, Oklahoma to help arm America's communities with the communication and safety skills needed to save lives and property before and during a hazardous weather event. StormReady helps community leaders and emergency managers strengthen local safety programs. The program provides emergency managers with clear-cut guidelines on how to improve their hazardous weather operations. To be certified as StormReady, communities must meet guidelines established by the NWS in partnership with federal, state, and local emergency management professionals. Some examples of requirements include: Establishishing a 24- hour warning point and emergency operations center Having more than one way to receive severe weather warnings and forecasts and to alert the public Creating a system that monitors weather conditions locally StormReady communities are better prepared to save lives from the onslaught of severe weather through advanced planning, education and awareness. Personnel from the NWS Weather Forecast Office in Dallas-Fort Worth will be presenting a framed certificate. A sign will also be available for any photo ops and/or public relations the County wishes to have.
For more information about the requirements and the program, the StormReady Toolkit for Emergency Managers can be viewed at the following link: http:// www.stormready. noaa. gov/ resources/ toolkit.pdf. lift ( 1) I 0 0 0 r.t C 110 0 N 0 ID M N C I14.1 Cg 0 thl 4/19 CD nor w E RI 2 o 3 i C a) C U o
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d. A " ANDY'. County Clerk McLennanRCounty By Laude Cook DEPUTY The Court went to C. 3. Regarding County Sheriff Jail/ Criminal Justice Issues. ORDER APPROVING:
ACTION ON CREATING CRIMINAL JUSTICE PROGRAM ANALYST POSITION TO INVESTIGATE VARIOUS POSSIBLE PROGRAMS AND ADJUSTMENTS INCLUDING, BUT NOT LIMITED TO, MENTAL HEALTH COURT PROGRAM AND VETERAN' S COURT PROGRAM
On this the 20 day of January, 2015, came on for consideration the matter of Discussion and Action on Creating Criminal Justice Program Analyst Position to Investigate Various Possible Programs and Adjustments including, but not limited to, Mental Health Court Program and Veteran' s Court Program. After discussion, Commissioner Perry made a motion to approve C. 3. a. to pursue information as to whether or not would need a Veterans Court and a MHMR Court through an Analyst Position and it was seconded by Judge Felton. Commissioner Perry amended his motion to keep a salary of$ 55, 000 exempt position and receive full benefits and Judge Felton amended his seconded. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Gibson, Commissioner Jones, Commissioner Perry with Commissioner Snell abstaining. It is ordered by the Court that said Authorization be, and the same is hereby, approved by majority vote. ORDER DEFERRING:
ACTION ON APPROVING EMPLOYMENT AGREEMENT FOR KRISTI DECLUITT TO SERVE AS CRIMINAL JUSTICE PROGRAM ANALYST AND ANY RELATED ACTIONS
AND
ACTION ON ACCEPTING THE RESIGNATION OF KRISTI DECLUITT FROM JUSTICE OF THE PEACE, PRECINCT 1 POSITION
On this the 20 day of January, 2015, came on for consideration the matter of Discussion and Action on Approving Employment Agreement for Kristi DeCluitt to Serve as Criminal Justice Program Analyst and any related actions and Discussion and Action on Accepting the Resignation of Kristi DeCluitt from Justice of the Peace, Precinct I Position. After discussion,
Commissioner Perry made a motion to defer both C. 3. b. and C. 3. c. and it was seconded by Commissioner Gibson. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorizations be, and the same are hereby, deferred by unanimous vote. ORDER RECESSING SPECIAL SESSION
On this the 20 day of January, 2015, at 10: 55 o' clock a. m., the County Judge Scott M. Felton announced that this meeting of January 20, 2015 stands in recess for 15 minutes.
ORDER RECONVENING SPECIAL SESSION
On this the 20 day of January, 2015 at 11: 05 o' clock a. m., the Court reconvened in Special Session; present and presiding the County Judge Scott M. Felton and Commissioners Kelly Snell, Lester Gibson, Will Jones and Ben Perry and the Clerk thereof being in attendance, the following proceedings were had and done to- wit: The Court went back to C. Items Previously Deferred. AGENDA: JANUARY 20, 2015
III. CONSIDERATION OF, AND/ OR ACTION ON, THE FOLLOWING:
C. ITEMS PREVIOUSLY DEFERRED:
1. Regarding County Property and/or Construction Projects: Authorization Approved regarding the Transfer of Former Constable, Pct. 2 Equipment to See after Tradinghouse Park/ Lake C. 3. c.)
2. Regarding Surplus Material Allocation from Texas Department of Transportation ( Surplus Material Program/ SB 370):
a. Acceptance of Material Deferred
b. Authorization re: Selection of Material and Precinct Allocation Deferred
3. Regarding County SheriffJail/ Criminal Justice Issues:
a. Discussion and Action on Creating Criminal Justice Program Analyst Approved Position to Investigate Various Possible Programs and Adjustments See after including, but not limited to, Mental Health Court Program L. 6. d.) and Veteran' s Court Program
b. Discussion and Action on Approving Employment Agreement for Kristi Deferred DeCluitt to Serve as Criminal Justice Program Analyst and any related actions
c. Discussion and Action on Accepting the Resignation of Kristi DeCluitt Deferred from Justice of the Peace, Precinct 1 Position
CD-313, 11: 06 ORDER APPROVING:
AUTHORIZATION REGARDING THE TRANSFER OF FORMER CONSTABLE, PCT. 2 EQUIPMENT TO TRADINGHOUSE PARK/ LAKE RE: COUNTY PROPERTY AND/OR CONSTRUCTION PROJECTS
On this the 20 day of January, 2015, came on for consideration the matter Regarding County
Property and/or Construction Projects: Authorization regarding the Transfer of Former
Constable, Pct. 2 Equipment to Tradinghouse Park/ Lake. After discussion, Judge Felton made a motion to approve and it was seconded by Commissioner Gibson. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson,
Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. From: Danny Tate [ mailto: danny.tate@ co. mclennan. tx. us] Sent: Tuesday, December 16, 2014 4:40 PM To: Dustin Chapman Subject: Tradinghouse Lake
I would like to keep these things from old Constable, Pd. 2:
Bullet proof vest AURORA AS600SB PAPER SHREDDER HP LASERJET CP1518 PRINTER DYMO LABELWRITER 330 CANNON COPIER NP 7130 OPTIMA 45 STAPLER 23423 RADIO (Hand Held Radio 800) 27489 RADIO ( Hand Held Radio VHF) PATRIOT 430 SCANNER
THANKS DANNY TATE
M^AR01rD BY COMAISSIONERS COURT THIS ' AO DAY OF t,,
COUNTY e.
FILED- JAN 2 0 2015
J A ' ANDY" HARWELL, Courtly Clerk McLennan County Texas By Laude Cook DtPUTY KEPT DEFERRED:
ACCEPTANCE OF MATERIAL AND AUTHORIZATION RE: SELECTION OF MATERIAL AND PRECINCT ALLOCATION
RE: SURPLUS MATERIAL ALLOCATION FROM TEXAS DEPARTMENT OF TRANSPORTATION( SURPLUS MATERIAL PROGRAM/ SB 370)
On this the 20 day of January, 2015, came on for consideration the matter Regarding Surplus
Material Allocation from Texas Department of Transportation ( Surplus Material Program / SB
370): Acceptance of Material and Authorization re: Selection of Material and Precinct Allocation.
Commissioner Perry made a motion to defer and it was seconded by Commissioner Snell. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorizations be, and the same are hereby, kept deferred by unanimous vote. AGENDA: JANUARY 20, 2015
III. CONSIDERATION OF, AND/ OR ACTION ON, THE FOLLOWING:
E. REGARDING COUNTY PROPERTY and/ or CONSTRUCTION PROJECTS: Renovation, Repair, Indemnification Regarding Cleaning/ Maintenance Projects; Space Allocations/ Furnishings/ Equipment/ Architectural Services/ Invoices/ Approval of Pay Applications/ Change Orders/ Contracts/ Lease Agreements/ Certifications of Substantial Completion/ Authorizations Regarding Sale/ Lease/ Acquisition or Property
1. Discussion and/ or Action re: Removal and Disposal of Chemicals at the Approved Old County Garage
2. Authorization re: Texas Historical Commission Use of Eagle Statue Approved
CD-313, 11: 09 ORDER APPROVING:
ACTION RE: REMOVAL AND DISPOSALOF CHEMICALS AT THE OLD COUNTY GARAGE
On this the 20 day of January, 2015, came on for consideration the matter of Discussion and/ or Action re: Removal and Disposal of Chemicals at the Old County Garage. After discussion, Commissioner Perry made a motion to approve E. 1. with the exception of the grease and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was
Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and
Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. I Ytk 7, r1 3,r:: V
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Wayne Canaday Director Radio Shop 623 Washington Ave. Waco, Texas 76701
Date: January 12, 2015
To: Commissioners Court
Re: Hazard Material Disposal
Commissioners Court,
All chemicals at the 305 South 20th Street location( County Garage) have been pickup by several County Departments except for the following items which Safety— Kleen has provided the cost for the removal and disposal.
EZ Street pavement repair Quantity 2—( 55 gallon drums) Cost 350.00.each
EC 1089A Corrosion Inhibitor Quantity 1- ( 55 gallon drum) Cost 225. 00 each
Grease Quantity 2—( 25 to 35 gallon drums) Cost 200.00 each
Total$ 1, 325.00 DV4{, OF E2; STQT `t Am) CORtiosCON . 31I14CBj BY , wen)- KU ?tJ Thank You APPRO CD BY COMMISSIONERS mpg THIS . P DAY OF J. t( 20 Wayne Canaday i 00, COWIY x A.
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FILED JAN 2 0 2015
J A ' ANDY” HARWELL, County Clerk ByLaurie Cook DEPUTY ORDER APPROVING:
AUTHORIZATION RE: TEXAS HISTORICAL COMMISSION USE OF EAGLE STATUE
On this the 20 day of January, 2015, came on for consideration the matter of Authorization re: Texas Historical Commission Use of Eagle Statue. 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 Snell, Commissioner Gibson,
Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. From: Sharon Fleming [ mailto: Sharon. Fleming @thc. state.tx. us] Sent: Wednesday, January 14, 2015 10:24 PM To: Dustin Chapman Subject: Loan of Eagle statue
Dustin,
Greetings and happy New year!
I know that this may be a long shot to ask a favor but our agency is mounting an exhibit at the Capitol on Texas courthouses from Jan 27- Feb 14th. From Feb 1- 8, it will be located in the north gallery of the Capitol extension in a room at the end of the hall.
We would love to be able to include the McLennan County eagle statue retained from the restoration as a sculptural element for the exhibit. When I visited the courthouse in December, it was not on display in the courthouse itself and I was wondering if it was in storage and we could borrow it.
The agency can pay for its transport and delivery to Austin and back to Waco. Please let me know if this is a possibility.
Best wishes, Sharon Fleming, AIA Director, Texas Historic Courthouse Preservation Program Texas Historical Commission 512.463-6268
APPROVED BY COMMISSI• E THIS DAY OF `:. 20f_ i
COUNTY .!.
FILED: JAN 2 0 2015
JA ' ANDY' HARWELL, County Clerk McLennan County Texas By Laurie Cook DEPUTY AGENDA: JANUARY 20, 2015
III. CONSIDERATION OF, AND/ OR ACTION ON, THE FOLLOWING:
F. AUTHORIZATIONS RE: CONTRACTS/ LEASE AGREEMENTS/ INTERLOCAL AGREEMENTS:
1. Economic Development:
a. Waco- McLennan County Economic Development Corporation None WMCEDC): Authorization of Agreements; Consultant Services; Proposed Projects/ Program Project Agreements/ Addendums/ Pay Apps
2. Authorization of Bundled Commercial Service Agreement and Related Approved Documents: AMG Technology Investment Group, LLC DBA NextLink Broadband( re: McLennan County Records& Management Building)
3. Authorization of Submission of Fuelman Fleet Card Program Applications: Approved FleetCor Technologies Operating Company, LLC
4. Authorization of Recording System Support Agreement: Business Information Approved Systems, Inc. ( re: Commissioners Courtroom)
CD-313, 11: 13 ORDER APPROVING:
AUTHORIZATION OF BUNDLED COMMERCIAL SERVICE AGREEMENT AND RELATED DOCUMENTS: AMG TECHNOLOGY INVESTMENT GROUP, LLC DBA NEXTLINK BROADBAND RE: MCLENNAN COUNTY RECORDS& MANAGEMENT BUILDING)
On this the 20 day of January, 2015, came on for consideration the matter of Authorization of Bundled Commercial Service Agreement and Related Documents: AMG Technology Investment Group, LLC
DBA NextLink Broadband ( re: McLennan County Records & Management Building). After discussion, Judge Felton 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 Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Agreement be, and the same is hereby, approved by unanimous vote. ORDER APPROVING:
AUTHORIZATION OF SUBMISSION OF FUELMAN FLEET CARD PROGRAM APPLICATIONS: FLEETCOR TECHNOLOGIES OPERATING COMPANY, LLC
On this the 20 day of January, 2015, came on for consideration the matter of Authorization of Submission of Fuelman Fleet Card Program Applications: FleetCor Technologies Operating Company, LLC. After discussion, Commissioner Perry made a motion to approve F. 3. and it was seconded by Commissioner Snell. After further discussion, a vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. Fuelman r.TopN, The Cooperative Purchasing Network AAPP' t L9CATION FOR FLEET CARD ACCOUNT BUSINESS INFORMATI N( Required) Fax Completed Application to:
Legal Government or Company Name Type of Business Years in Business Under Current Owner McLennan County County Government
Subsidiary or DBA Main Phone# 254- 757-5156
Sweet Address( No PO Boxes) Cell Phone 0 214 N 4th St. Suite 100
Street Address 2 Fax 0 254- 757- 5157
City State ZIP Federal ID 0 Tax Exempt 0 Waco Tx 76701 74-6002492
Is Billing Address Different than Business Address/ Yes No of Vehicles Monthly Fuel Spend Approx. 140 Approx $ 4000 00
Billing Address( If Different Than Above) 0 of Full Time Employees 883
Bilbng Address 2 Secuny Code( 5 digit) 76701
City State ZIP Email Address Waco Tx 76701 melanie.hunt@co mclennan.tx us -
I First Name Last Name Title Melanie Hunt Assistant County Auditor, Accounts Payable
Type of Organization: Sole Proprietorship Partnership Corporation Non- Profit ® Government LLC LLP
AUTHORIZED SIGNATURE Required( Representative acknowledges receiving fuel pricing and payment terms) Initial Here FWICOl Te drndogfe Operating Conneny. LLC( FMa1CofI opines the Fuennan Fleet Card pogrom By wines lob oppecnon. I regrew* ale teen On I am duly authoilted in naval the a Freiman noel Cod accent be crested on bend d an company esen d ewe moan, FerCO( b hereby authatzad to deer* melon's Oede worthiness, Mealy a Meg a from Here to the. echoing but 1101 lined to Mane awe rennet oenttlng the ApOlcad' butt. and 0gammg wade raefema. Applicant winwndga that this applralon Is subled 10 approval arse a0ospanoa by Festen. If this appd0alon b approved. Men the Aptecad's Authorized RepMentalve bled abate se be nobled of the aaaash Bents cell dngt Me mpable payment temp 6 mewl, aid any appdcabe program fen. Program deleds b dueOng Gene Tenn 6 Condabns par Use Cl Flee Cads( rid 9, Senn a 1) ndudre Lennon or Lib®ly pensions rage been prwded in the TCPN SYladsn a 1213 fa Fuel Cad Seneca and Rdaled P1 01 es gamin She TCPN Centred) leech Appka9 hereby admargdg e It he been podded to diligence documents wdate IT ICON game New TCPN 0rg) FlsgCor A raw greeds Wins a copy des FUELMAN FLEET CARD CLIENT AGREEMENT TERMS AND CONDITIONS gnat Is Meteor's aundard peeped style tams and condgone( herein' Tenn It Cmaldans Pempidel) The Tenn 6 e'en:lkn Panned o not Warred to supersede the TCPN COMM. however there may be gene covered In the Tema& Carrltrau PanprW veldt are not speeenly ed0nued In the TCPN Codran In thhe wen of a cored between the TCPN Conrad gel the Tema 6 Condemn Pamphlet. One teen aid. aldtan of the TCPN Ceara] shed only Mpgranl ed owdledge the the net an plpltm Is e0l• none cede none erd On any greens men Meng the tang one are due are peyote b rut Inducing any Opplica n fees, upon recsle of to Wm, otostmert R the Annette' vane balance over mesa the elaOashed den ice. eta neon win corpse eel the AlOgood a aid' 10$10r/ may be 1e0end to weds repartee agweie% Appttat'e ocamemda egnrg• N sinew form, or use of any of Rat urns pror Jed to the Anent ail c neLW amen oe Of eta 1111110 and tapnala conned in In applkdbn and the nomad agreement AmIcrn agrees that any saber Were or rasing teen the nonuse unanodtad or hsgtded use, ice a then d any of Rat cards Issued to the company's account Yap be holy borne. assumed area pee by Re Apples* If PeetCS tees an attorney a cameral agency to mated an unpaid wsrdtna amount Ma Appear.' pee to per reosonde Mornay ardor collection fees. Applicant ogees the the exeunt get be gweemea by Gaorpa in and the In vas as br Iom.nessloaanedet use oily ard new used for pennon or hone/told purpose and agrees Mud use of Me cards br consumer or h0rnehe d purposes nee be grounds la hraredlab terra aben of the Applhant's aaoae We comply stet Section eta d Ihe USA PATRIOT An TNS raw wedeln that FnerCor miry certain ldOr alas abated you Wale powoYag your exeunt apprralbn
I Agree to the Terms of this Application( Please check box) I do not want to consider other card programs 4. Print Name( Authorized Representative) Siena re( rued Represent v SCUT- Al- Fevronl oN.— Title Date
DUIlI l JV JG zo f {5 Telephone*
0264— r131 - 5a4O1 SINESS OWNER/ ACCOUNT PRINCIPAL Required for all Proprietorships, Partnerships or any other business/ organization less than two years • • • having fewer than five( 5) employees.
Feat woad CPdnngar) • anal If any. Is pemendy and ummn60000110.) any and esreraly Rabb nth Apparan. n pnlrapn and not an aunt/ or guaetor for Oa Minn and pedomenca... • a d all oillte rah owed on the Aaounl regardless of wer0 made• - using en Cads and the Penned agrees to pay 0uch amaan aa0r014 t0 the Ownss d coq Agreement Penal a mpons0e undo Use Agreement •. • of e Of ue Cards tsaned on ate Accord to the l~ anlnd penned bylaw The-• -.. • - pars apeenent, 1ONlduae1 regarding the provisions under* AUTHORIZED SIGNATORY" awe bdwrn0 without sn0alnn de • rat rep0deg your cede rd confirming your scaly
Guarantor First Name Last `- - Middle Initial Guarantor Signature I
Guarantor Street Address( No PO Boxes) unty 0 Date of Birth
Guarantor Street Address 2 Home Phone 0 o- Cep Phone 0
City State ZIP I 1 OFFICE USE ONLY Marke Rep ID Rep Name
ATS# V3. 21. 12 o NI Fuelman Af TicpN
TERMS DEFINITION The Cooperative Purchasing Network BILLING CYCLE: Weekly 0131-Weekly ® Calendar PAYMENT METHOD:® CHECK EFT( Attach EFT Authorization Form)
CHECK TERMS: NET 10 NET 14 NET 21 ® NET 30
EFT TERMS: NET 4 NET 7 NET 10 NET 14 NET 21 NET 30 BILLING FREQUENCY/PAYMENT TERMS ADJUSTMENT( Mark the applicable BF/PT, the corresponding amount shall adjust the standard markup) Mark( X) for BF/ Billing Frequency I Applicable Per ; Mark( X) for Billing Frequency/ Applicable Per• the desired Terms Payment Terms Gal. BF/ PT j the desired BF/ Terms Payment Terms Gal, BF/PT BF/PT ID Description• Adjustment I BF/PT ID Description• Adjustment WN4 Weekly Net 4( EFT) 0.0100 BWN14 BI-Weekly Net 14 0 None Required r WN7 Weekly Net 7( EFT) 0.0075 BWN21WN21 Bi-Weekly Net 21 0 0050 J WN10 Weekly Net 10 0.0050 B Weekly Net 30 0.0150 WN14 Weekly Net 14 0.0025 0 MN4 Monthly Net 4( EFT) 0.0050 0 WN21 Weekly Net 21 0 0025 , MN7 Monthly Net 7( EFT) 0 None Required WN30 Weekly Net 30 0 0100 I i MN10 Monthly Net 10 0 0025 I BWN4 Bi-Weekly Net 4( EFT) 0 0075 MN7 Monthly Net 7( EFT) 0.0050 BWN7 BF-Weekly Net 7( EFT) 0.0050 MN21 Monthly Net 21 0.0100 BWN10 Bi-Weekly Net 10 0 0025 1 MN30 Monthly Net 30 0 0175 I Where' EFT" is indicated above, EFT is a mandatory payment method and applicant MUST submit an EFT Authorization Form with the Application.
OFF- SITE PRICING ON- SITE PRICING PRICING: ® OPTS BASED COST-PLUS MARK-UP Gasoline Diesel All Fuel Grades Base Markup( using BI- Weekly, Net 14 BF/PT) 0. 1100 0. 1400 0. 1190 or- Applicable BF/ PT Adjustment( From Table Above) TOTAL MARKUP( Including BF/PT Adjustment from above) OFF-SITE PRICING PRICING: RETAIL BASED WITH VOLUME DISCOUNT Gasoline Diesel Retail Adjustment( using Bi-Weekly, Net 14 BF/PT) 0 0 or- Applicable BF/ PT Adjustment( From Table Above)
SERVICES: OFF- SITE RETAIL [' CONSIGNED INVENTORY 00N-SITE MEMO TRACKING TAX EXEMPT
OPTIONAL REPORTS: Optional Reports delivered via Web only( FleetNet logon) Check or Mark( X) Optional for the desired Report Optional Report ID Optional Report Description FNO3 Employee Management Report w/Embedded Excel File FNO4 Vehicle Management Report w/Embedded Excel File( Monthly Summary Report) FNO7 Tax Management Report FN14 Monthly Customer Fleet Analysis w/Embedded Excel File FN11 Fleet Summary Report w/Embedded Excel File
REPORT DELIVERY METHOD: MAIL-$ 9.95 FAX-$ 4. 95 ® EMAIL WEB
REPORT/STATEMENT DELIVERY INFO: FLEET MANAGER Name Email Melanie Hunt melanie.hunt@co mclennan tx. us Telephone# Fax# 254-757- 5156 254-757-5157
ACCOUNTS PAYABLE REPRESENTATIVE Name Email Melanie Hunt melanie [email protected] us Telephone# Fax# 254-757- 5156 254-757- 5157 j
Terms& Conditions of the TCPN contract# 12- 13 apply I fully understand and accept theptemis of this program.
Name sue^Trm. R -uro 4 Title. Gown' JulY,
5 At . J Date. I / O/ Signature. 2, 1/7. ( OFFICE USE ONLY-
Market Name' Rep Name* V3. 21. 12 Rep ID* II Fuelman ibt• TcpN ® The Cooperative Purchasing Network APPLICATION FOR FLEET CARD ACCOUNT s0'• C WM...• %\ sc. 9 , cc3 \4k BUSINESS INFORMATION( Require Fax Completed Application to.
Legal Government or Company Name Type of Business Years In 8 ness Under Current Owner McLennan County County Government
Subsidiary or DBA Main Phone tr 254- 757-5156
Street Address( No PO Boxes) Cell Phone# 214 N 4th St. Suite 100
Street Address 2 Fax# 1 254- 757-5157
City State ZIP Federal ID# Tax Exempt# Waco Tx 76701 74-6002492
Is Billing Address Deferent than Business Address? Yes No El of Vehicles Monthly Fuel Spend Approx. 140 Approx.$ 4000.00
Billing Address( If Different Than Above) I # of Full Time Employees 883
Billing Address 2 Security Code( 5 digit) 76701
City State ZIP Email Address Waco Tx 76701 melanie [email protected] tx. us
First Name Last Name Title Melanie Hunt Assistant County Auditor, Accounts Payable
Type of Organization: Sole Proprietorship Partnership Corporation Non- Profit ® Government LLC LLP
AUTHORIZED SIGNATURE Required( Representative acknowledges receiving fuel pricing and payment terms) Initial Here FeeiCcr Tadaabpres Operating Company. LLC rcIlrCor) apneas Ms Furman Fleas Card peprem By* pad Ws sppralbn•! represent and renal( frl I an biy auhalaed to request 1he1• Fu0,ean Foal Card moral W crewed on behalf of my mmgehy defeated above CAppcarel) FleelCO is hereby authorized to seem Applitads meet madness sIllily as was as from this to Mee. Inntdm5 ad nal anted to oaalrenp dada report(s) cmteam the Appiaanl7 tern and Marred Irate reference' Appimnl aarnoeledpes Ilia Vile eppkaum I steed to Maori end aa7plarde by FleotCar If Otis applkatlon is epprored., hen 1110 AppGraMY Audlote d Rapesentadue hoed scow re m melee Of the sane% wee0110 olds e1es. M acesUe yMmnd lens 6 melee& and any applicable program' s'''. Program mites Mara ng General Terre IS Codbbre far the or Pleat Cards( Tab 0. Sedloe a 1) adudirep Luntelon a LYblay pwisbns lee from evade In the TCPN Sdtlebn 112-12 fir Fad Cud Services end Related Products( heroin The TCPN Comaaa). dean Andean Waft awnoaledges It Ms been provided due Mama d06ements wattle a TCPN waeha torn TCPN mg) RedCOr en em pestle Applaud a ropy of m FUEIMAN FLEET CARO CLENT AGREEMENT TERMS AND CONDITIONS. Weans FledCors armada panelled Slid Isms and condoms Memel' Teens I Codices Panphler) The Tans 6 Cannanore Prmped is red Mended to supersede are TCPN Come. roweae rims may be Item conned N the Toms 6 Care6mare Paeepelel. made are m1 sped1011y massed In Its TCPN Contras. In fee mod d• melba baleen IM TCPN Caere" ad me Terms 6 Conmlom Pamela Uri terns ail conceits" of the TCPN Contract ehe apply Appiaanl acknowledges pea the flea cart! Orogres b me• rorohhp me: amount and the any purausas made* Mb the sup cycle ee Que and payable in ern Madre any mace* fees, upon mcelp of the band adenine rift Applara' unpaid bale aver meets the eslatlh we creel Um. IM mood red soaped mot IM Appecea s aide hrory may be McKee to ends repoelre verde& Applram'5 acapma elbohs, he emaever form, or use of Ory 011110 arm Molded to the Appaure ea Weber ameplanoml of le ems and ceneen s mreaned in Ws applodon aid the amc• d et reemae Apptara germs del my lead". ienp or reeding born tie mane. a naaterlsed or fraudulent use. loss or theft or sty of the arm Weed 10 the compare/1 accord shod be Idly borne. assumed and peel by the Applicants F eolCo leas en alomt'y or cogent*. agency to mid en unpile MOW aroed. me Appecanl agrees to my manmade money aeldbr c nedon fait Applael Wen 0111 the acooue we be Commie Of Goalie law ore the the Cards Oro be bmoaaslmmm rCW we oily am mere used( a parsons or household purposes and sprees Wit use of the arm for consumer or hasehold purposes shall be grounds ter Immedlaa terreinadon of the Applicants account We men* wth Sedan 320 of the USA PATRIOT Act This law mardatas gee FlesiCar verify amen odomstron Odor you ende Reentry your acCoad appecabn.
I Agree to the Terms of this Application( Please check box) I do not want to consider other card programs
Pnnt AAuuthonzed Representative) Signatu ( A Re• resentativ
ti., ,, ` Namer( A./ S WTT en • 1 . f cafe d/ j Title Data Coun ei) Jvc I/ LOA5 Telephone*
SINESS OWNER/ACCOUNT PRINCIPAL Required for all Proprietorships. Partnerships or any other business/ organization less th 0 years suing fewer than five( 5) employees.
Eerie" Wed CPrereapa) Accord. 0 amf. a pasaesy ant wmredaaey. lany aM aavemy 0 W eel Appras, as ennead and not as bendy o gwnmor 1pW , am and performance ohm due or all owpauo s owed on the Accord.'. 5511100 d ell mode using the Cards, and the Principal WOW IS pay such amounts smardlnp to Me lame of this AeeemM. Poedpal near Me Agreement for all cafe of d d the Camp Issued on Me Amoutt b IN Mess extent penned by law TM Is PusOpdY diremea6 i drduaey. sparamp the prOr6015 under' AUTHORIZED S GNATORr dnndirp ruled imllalon ceaap and rep: d i ee year Crete aril Conll inj your damn
Guarantor First Name r ame MI.• : al Guarantor Signature
Guarantor Street Address( No PO Boxes) al Security# Date of Birth
Guarantor Street Address 2 Home Phone# Cell Phone#
City State ZIP
OFFICE USE ONLY" Market' Rep ID: Rep Name.
ATS#• V3.21. 12 Lwg co 11 Fuelman S ate TicpN
TERMS DEFINITION The Cooperative Purchasing Network BILLING CYCLE: Weekly Bi-Weekly ® Calendar PAYMENT METHOD: ® CHECK EFT( Attach EFT Authorization Form)
CHECK TERMS: NET 10 NET 14 NET 21 ® NET 30
EFT TERMS: NET 4 NET 7 NET 10 NET 14 NET 21 NET 30
BILLING FREQUENCY/PAYMENT TERMS ADJUSTMENT( Mark the applicable BF/PT, the corresponding amount shall adjust the standard markup Mark( X) for BF/ Billing Frequency/ Applicable Per Mark( X) for Billing Frequency/ Applicable Per r the desired Terms Payment Terms Gal. BF/ PT the desired BF/ Terms Payment Terms Gal. BF/PT BF/PT ID Description• Adjustment BF/PT ID Description• Adjustment WN4 Weekly Net 4( EFT) 0 0100 0 BWN14 81-Weekly Net 14 0 None Required i WN7 Weekly Net 7( EFT) 0 0075 BWN21 Bi-Weekly Net 21 0 0050 WN10 Weekly Net 10 0 0050 0 BWN30 Bi-Weekly Net 30 0.0150 WN14 Weekly Net 14 0 0025 MN4 Monthly Net 4( EFT) 0 0050 1 B WN21 Weekly Net 21 0 0025 MN7 Monthly Net 7( EFT) 0 None Required WN30 Weekly Net 30 0 0100 0 MN10 Monthly Net 10 0 0025 BWN4 Br-Weekly Net 4( EFT) 0 0075 MN7 Monthly Net 7( EFT) 0 0050 BWN7 BiWeekly Net 7( EFT) 0.0050 MN21 Monthly Net 21 0 0100 BWN10 Si-Weekly Net 10 0.0025 MN30 Monthly Net 30 0 0175 Where' EFT is indicated above, EFT is a mandatory payment method and applicant MUST submit an EFT Authorization Form with the Application
OFF- SITE PRICING ON- SITE PRICING PRICING: ® OPIS BASED COST-PLUS MARK- UP Gasoline Diesel All Fuel Grades Base Markup( using BI-Weekly, Net 14 BF/ PT) 0. 1100 0. 1400 0. 1190 or- Applicable BF/ PT Adjustment( From Table Above) TOTAL MARKUP( Including BF/ PT Adjustment from above) OFF-SITE PRICING PRICING: RETAIL BASED WITH VOLUME DISCOUNT Gasoline Diesel Retail Adjustment( using Bi-Weekly, Net 14 BFIPT) 0 0 or- Applicable BF/PT Adjustment( From Table Above)
SERVICES: OFF- SITE RETAIL CONSIGNED INVENTORY 00N-SITE MEMO TRACKING TAX EXEMPT
OPTIONAL REPORTS: Optional Reports delivered via Web only( FleetNet logon) ICheck or Mark( X) Optional for the desired Report Optional Report ID Optional Report Description FNO3 Employee Management Report w/Embedded Excel File FNO4 Vehicle Management Report w/Embedded Excel File( Monthly Summary Report) FNO7 Tax Management Report FN14 Monthly Customer Fleet Analysis w/Embedded Excel File FN11 Fleet Summary Report w/Embedded Excel File
REPORT DELIVERY METHOD: MAIL-$ 9.95 FAX-$ 4.95 ® EMAIL WEB
REPORT/STATEMENT DELIVERY INFO: FLEET MANAGER Name Email Melanie Hunt melanre. hunt® co mclennan. tx. us Telephone# Fax# 254- 757-5156 254- 757- 5157
ACCOUNTS PAYABLE REPRESENTATIVE Name Email Melanie Hunt melanie hunt@co mciennan tx. us Telephone# Fax# 254-757- 5156 254- 757-5157
Terms& Conditions of the TCPN contract# 12- 13 apply I fully understand and accept the terms of this program. /.,,
Name. S tDT i(' Fe.{'17 r Title COL) N t T J 1ib(/ l' r
I/? A/ LS signature. 4.42/1,._,, Date. OFFICE USE ONLY-
Market Name. Rep Name' FILED: JAN 2 0 2015 V3.21. 12 Rep ID J A.' ANDY' HARWELL, County Clerk McLennan County Texas By Laurie Cook DEPUTY ORDER APPROVING:
AUTHORIZATION OF RECORDING SYSTEM SUPPORT AGREEMENT: BUSINESS INFORMATION SYSTEMS, INC. RE: COMMISSIONERS COURTROOM)
On this the 20 day of January, 2015, came on for consideration the matter of Authorization of Recording
System Support Agreement: Business Information Systems, Inc. ( re: Commissioners Courtroom).
Commissioner Jones made a motion to approve and it was seconded by Commissioner Perry. After further discussion, a vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Agreement be, and the same is hereby, approved by unanimous vote. BIS Digital o II ® Integrating Excellence TM Business Information Systems Inc 1350 NE 56" Street. Suite 300 Ft Lauderdale, FL 33334 Phone 954-493- 7377 Fax 954- 493- 6541
Tuesday, December 09, 2014
McLennan County( TX) 214 N. 4th. St. Suite 100 Waco, TX 76701
Attn: Wayne Canaday
RE: BIS Digital Support Agreement Renewal
Annual Contract Term: 2/ 11/ 2015— 2/ 10/ 2016 Account#: MCL101 Contract#: 16- 02- A-59196 Amount Due: $ 1, 050.00 Invoice#: 68397
Dear Mr. Canaday:
Enclosed please find your full service contract renewal agreement for the coming year.
Please sign the enclosed agreement, keeping a copy for your records, and return the original to us with your purchase order and payment. To place your contract in effect as soon as possible, you may fax your contract renewal to us at 954-493- 6541.
Please remember, without a contract in place, our current per call rates will be in effect. For continuous coverage, an immediate response is greatly encouraged. Our terms are payable in advance, and will reflect a due date of: 1/ 9115 ( Any equipment or options added during the contract year are prorated and added at the conclusion of warranties.)
Thank you for the opportunity to serve all of your recording and transcription needs. If you have any questions please feel free to contact me at 800- 834- 7674 Ext.4523 or via email Kettia.Pierre@bisdigital. com
Best regards,
61:tr4-- kint.- Kettia Pierre BIS Digital, Inc.
Enclosures BIS Digital o it ® Integrating Excellence TM Business Information Systems, Inc 1350 NE 56'" Street. Suite 300 Ft Lauderdale. FL 33334 Phone. 954-493- 7377 Fax: 954-493-6541
Recording System Support Agreement
Between: And: BIS Digital, Inc. McLennan County( TX) 1350 NE 56th Street, Suite 300 214 N. 4th. St. Suite 100 Fort Lauderdale, FL 33334- 6142 Waco, TX 76701 Phone:( 800) 834- 7674 Phone.( 254) 757- 5000 Fax:( 877) 858- 5611 Contract#: 16- 02- A-59196 Email: [email protected]
BIS Digital, Inc. or its appointed service representative agrees to provide system support for the software and hardware listed below, in accordance with the terms and conditions of this agreement.
1. TERMS AND CONDITIONS A. The term of this agreement is for a period of( 12) months from the effective date. Either party upon written receipt, with a ninety 90-day notice, may cancel this agreement. In the event of early termination ofservice agreement, BIS Digital, Inc will refund monies based upon contract amount prepaid by customer less actual cost of service provided during abbreviated term, or pro rated amount based upon time remaining in contract term rounded to end of month of termination, whichever is less. B. The agreement entitles the USER to 24 hours per day, 7 days per week telephone support and on- site support Mon- Fri( 8am— 5pm EST) on covered items.. C. User training: This agreement covers all users training at the user' s site during the term of agreement at mutually agreed upon times. D. This support agreement is for the USERS integrated system. Any changes or enhancement will be billed for additionally. E. Charges for maintenance and support for reasons outside of BIS Digital control, arising from neglect, negligence, misuse, acts of god or modifications to, or failures of systems software and/ or hardware not covered under this contract resulting in corruption of BIS Digital software setup/configuration shall be billed at BIS Digital published rates.
2. COVERAGES A. DCR Software( all BIS Digital supplied licenses). This support agreement is for the USERS current DCR Software version. The USER is not obligated to upgrade since support is available for previous versions. DCR Software Assurance, which provides for all new feature and function upgrades, are billed for at an additional$ 300/yr per system. BIS Digital will provide on- line user training as well as on- line diagnosis and repair( web connection required).
B. Hardware( all BIS supplied Tower PC' s, Servers and Video and Telco Interface Boards). BIS will provide replacement or repair. BIS Digital will repair or replace system critical parts at customer site. Customer will be responsible for shipping defective part to BIS Digital. • Special Note: CPU and Motherboards on computers over 48 months old may no longer be available causing the computer to be obsolete. In this event, BIS will provide a$ 300 computer replacement credit. C. Hardware Accessories( Digital Mixers, PA components, Microphones, Hearing Impaired Devices, USB Foot Controls) BIS Digital will provide replacement or repair. Customer will be responsible for shipping defective unit to BIS Digital. BIS Digital will replace or repair and ship back to customer.
ImUals
r, Page 1 of 3 BIS Digital C mcr BIS Digital ci Integrating Excellence TM Business Information Systems. Inc 1350 NE 56' Street, Suite 300 Ft Lauderdale, FL 33334 Phone 954-493- 7377 Fax 954- 493-6541
D. Excluded Hardware( Laptop Computers, All Display Monitors and Headsets) BIS Digital will handle repairs via Manufacturer' s warranties( ie: Dell, Toshiba,) but will offer no extended warranties directly. E. On- Site BIS Digital Technical Support. BIS Digital will provide on- site technicians for emergency service during normal working hours at no charge. Emergency is defined to be a complete system down.
3. CUSTOMER RESPONSIBILITY A. A proper backup of all data on a regular interval. B. A USER appointed systems administrator to act as a liaison with the support department.
4. CONFIDENTIALITY A. BIS Digital, Inc. agrees that all data that may be entered into the system is strictly confidential and shall remain the property of the USER. Business Information Systems shall not, without prior written consent, disclose to any third party any such data acquired in connection with this agreement or any other services.
5. PAYMENT A. invoices shall be sent once per year and payment shall be due in full upon receipt. B. At Business Information Systems option, support coverage may be halted for non- payment of any invoice greater than sixty( 60-days) beyond the due date.
6. LIABILITY A. In no event shall Business Information Systems, Inc. be liable for any direct or indirect losses or damages, or any other claims arising in connection with this agreement to the USER, including loss of data or earnings due to equipment down time. B. Business Information Systems sole responsibility with respect to the maintenance and support shall be limited to those outlined in this agreement. C. The laws of the State of Florida shall govern this agreement and any litigation shall occur in Broward County, Florida.
This contract covers the following equipment
Purchased on Invoice# 59196/ PO# 50391 Installed on 2/ 10/ 2010:
DCR 4ch Digital Recording Software for Laptop w/ Software Assurance( 1) USB Digital Audio Mixer{ s/ n: 0909C1137) USB Foot Pedal( 1)
Initials j
Page 2 of 3 IS Digdal Cus rfr BIS Digital Integrating Excellence TM Business Information Systems Inc 1350 NE 56'' Street, Suite 300 Ft Lauderdale, FL 33334 Phone 954- 493- 7377 Fax 954-493-6541
The terms and conditions stated herein form the complete agreement between the parties. Please note: Any additions to this agreement( new systems) will be prorated to coincide with this contract. Start Date: 2/ 11/ 2015 End Date: 2/ 10/ 2016 Annual Cost: $ 1, 050.00 Contract#: 16- 02-A- 59196 Invoice#: 68397
Accepted By:
BIS Digital, Inc. McLennan County( TX) i,d/N By Steve Coldren y err r( . 2ZR p (
President GOUIYTT) J(JD? L5— Title Title
December 9, 2014 I/ c20A5 Date Date
Initials-
Page 3 of 3 BIS Digital Customer REMIT TO:. R Business information Systems, Inc. Invoice 1350 NE 56th Street - Suite 300 Date Invoice# Fort Lauderdale, FL 33334 954- 493- 7377 12/9/2014 68397 ww.w bisdigitai.com 0 "
SOLD TO: SHIP TO:
1 McLennan County McLennan County Commissioners 214 N 4th Street Suite 100 50 l Washington Ave-- Ream 214 Waco, TX 76701 Waco, TX 76701 Adz Melanie Hunt Attn: Wayne Canaday
J
Gust Acct# P.O. Number Terms Due Date Rep
MCL101 SEE BELOW 1/ 9/2015 MNT
man* awn Code Descdpaon wan Des End Des Price Eath Amount
1 MNT-R-D... # 16-02-A-59196 Renewal Contract 2/ 10/ 15 2/ 9/ 16 750.00 750.00 BIS Digital Recording System Maintenance see attached contract for equipment list)
I DCR SAS Annual DCR Software Assurance( per license) Coincides 2/ 10/ 15 2/9/ 16 300.00 300.00 with Maintenance Contract above
PAYMEN... Payment due in advance of contract expiration to ensure 0.00 0.00 continuous coverage. Please remit payment no later than 1/ 9/ 15
Please include your account number and invoice number on all Sales Tax: (0.0%) so.00 payments. Thank you Total Due: 1, 050.00 FILED. JAN 2 0 2015
J A ' ANDY' HARWELL, County Clerk McLennan County Texas By Laurie Cook EPUTY AGENDA: JANUARY 20, 2015
III. CONSIDERATION OF, AND/OR ACTION ON, THE FOLLOWING:
G. REGARDING THE COUNTY BUDGET: Amendments/ Requests for Amendments and related Certification ofAdditional Revenue, ifapplicable/ Expenditure Requests, Other Budgetary Requests
1. Regarding the FY 15 Budget:
a. Budget Updates/ Status Reports from County Auditor, None as necessary
b. Justice Technology Fund ( Fund 140) Approved
c. County and District Court Technology Fund( Fund 142) Approved
d. Justice of the Peace, Precinct 1 Place 1: Discussion and/ or Deferred Action regarding FY 15 Budget
CD-313, 11: 19 ORDER APPROVING FY 15 BUDGET AMENDMENTS:
JUSTICE TECHNOLOGY FUND( FUND 140)
AND
COUNTY AND DISTRICT COURT TECHNOLOGY FUND (FUND 142)
On this the 20 day of January, 2015, came on for consideration the matter Regarding the FY 15 Budget: Justice Technology Fund ( Fund 140) and County and District Court Technology Fund Fund 142). 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 Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that the FY 2015 Budget Amendments be, and the same are hereby, approved by unanimous vote. BUDGET AMENDMENT REQUEST
McLennan County Commissioners Court McLennan County Courthouse Waco, Texas 76701
Re: Budget Amendment for: Fund 140( Justice Technology Fund)
Gentlemen
I hereby request the following budget amendment for the fiscal year ending 09/30/ 15
REQUESTED INCREASE(s)
Sub- Requested Fund Function Func Dept# Dept Name Object( Acct#) Account Descnption Current Budget Increase Amended Budget
140 15 27 1611 JP 1- 1 601111 Other Services and Charges 3, 500 1, 500 5, 000 140 15 27 1621 JP 2 601111 Other Services and Charges 3, 500 1, 500 5,000 140 15 27 1631 JP 3 601111 Other Services and Charges 3, 500 1, 500 5,000 140 15 27 1651 JP 5 601111 Other Services and Charges 3, 500 1, 500 5, 000
Total Increases 6, 000
REQUESTED DECREASE( s)
Sub- Requested Fund Function Func Dept# Dept Name Object( Acct#) Account Descnption Current Budget Decrease Amended Budget
140 15 27 1612 JP 1- 2 601111 Other Services and Charges 7, 000 2, 000 5,000 140 15 27 1641 JP 4 601111 Other Services and Charges 7,000 2, 000 5, 000 140 10 05 0190 Non- Dept 999999 Contingencies 282, 009 2, 000 280, 009
Total Decreases 6, 000
BUDGET AMENDMENT JUSTIFICATION:
This budget amendment is requested for the Justice Technology Fund for the annual maintenance agreement with Edoc Technologies
Approved by Respectfully Submitted Approved as to form Commissioners Court Requestor: County Auditor County Judge
1 h0/16
FILED: JAN 2 0 2015
JA AND HARWaL, Camay prke lestemma i Sy lamb Deek EfiY BUDGET AMENDMENT REQUEST
McLennan County Commndonem Court McLennan County Courthouse Weao, Tame 76701
Rs: Budget Amendment for: Fund 142( County& District Court Technology Fund)
Gentlemen:
I hereby request the fdlowtrg bdgel amendment for the fiscal year ending 09130115:
REQUESTED INCREAS )
Bub- Requested Fume Fluvial Fume gaps Dept Noe atom( Aeal) Account Description Current Budget tnasaee Amended Budget 142 16 26 1600 District 601000 Supplies 1 2,948 2,349
Total Increases 2,348
REQUESTED DECREASE(s)
Sub- Requested Fund Melon Fun* Daps Dept NM Ol40ot( beet0) ACOONII 005045011 Cunard Budget Decrease Amended Budget 142 10 05 0190 Non-Dept 999999 Contingencies 42,182 2,348 39,834
Total Decreases 2,348
BUDGET AMENDMENT JUSTIFICATION:
This budget amendment Is requested for the mochas, of a PT2 camera system for the 414th District Court
Approved by Respectfully Submitted Approved as to tone Commissioners Court Requester: County Auditor County Judge A74----- 11/" Al I rtD/ is razos ommunicat ons 3617 Franklin Ave. r Waco, TX 76710 0( 254) 776-3130 Bra C( 254) 366-9323 COMMUNICATIONS ISIS Quote
414th District Court 1/ 14/ 2015 Laura Uptmore 501 Washington Ave., Rm 307 Waco, TX 76701 h( 414` aico. mclennan. tx. us
PTZ Camera
A pan, tilt, zoom camera shall be mounted on the wall located opposite from entry door A remote will allow for control of the camera and include storing up to 6 presets Audio will be provided from the main sound system
Extended Product Supplier Qty Cost per Unit Cost PTZ Camera Sony 1 998. 57 998. 57_ Camera Mount Sony 1 100 00 100. 00 IR Repeater System Xantach 1 100. 00 100 00 0 0 0 0. 00 0.00
Product Costs 1, 198. 57 Labor Costs 900. 00 Parts, Warranty, Travel, & Other 250.00 Total Project Estimated Price 2,348.57 I
FILED. JAN 2 0 2015
J.A * ANDY' HARWELL, County Clerk
Page 1 Trey Shaw— AV Operations/ Cell( 254) 366- 9323/ Email: install. brazoscomm @gmail. com ORDER DEFERRING
JUSTICE OF THE PEACE, PRECINCT 1 PLACE 1 RE: FY 15 BUDGET
On this the 20 day of January, 2015, came on for consideration the matter Regarding FY 2015 Budget: Justice of the Peace, Precinct 1 Place 1: Discussion and/ or Action regarding FY 15 Budget. After discussion, Commissioner Perry made a motion to defer and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that the said Authorization be, and the same is hereby, deferred by unanimous vote. AGENDA: JANUARY 20, 2015
III. CONSIDERATION OF, AND/OR ACTION ON, THE FOLLOWING:
J. GRANTS/ PROPOSALS/ SPECIAL PROJECTS: Authorization of Grant Applications/ Contracts/ Grant Administration& Reporting Matters/ Consulting Services/ Pay Apps/ Change Orders/ Bids/ Invoices/ related Legal Matters/ Documents
1. Regarding the Texas Indigent Defense Commission FY 15 Formula Approved Grant: Recording of Statement of Grant Award
CD-313, 11: 28 ORDER ACCEPTING:
RECORDING OF STATEMENT OF GRANT AWARD
RE: THE TEXAS INDIGENT DEFENSE COMMISSION FY 15 FORMULA GRANT
On this the 20 day of January, 2015, came on for consideration the matter Regarding the Texas Indigent Defense Commission FY 15 Formula Grant: Recording of Statement of Grant Award. Commissioner Jones made a motion to approve for recording purposes and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Recording be, and the same is hereby, accepting by unanimous vote. ETTIDC TEXAS INDIGENT DEFENSE COMMISSION
Chair The Honorable Sharon Keller Presiding Judge, Court ofCriminal Appeals
Vice char January 15, 2015 The Honorable Olen Underwood
Ex Officio Members The Honorable Scott M Felton Honorable Sharon Keller Honorable Nathan Hecht McLennan County Judge Honorable John Whitmire Via Email: [email protected]. tx.us Honorable Royce West Honorable Roberto Alonzo Honorable Abel Herrero Dear Judge Felton, Members Appointed by Governor Honorable Olen Underwood Honorable Sherry Radack I am pleased to inform you that the Texas Indigent Defense Commission has awarded Honorable Jon Burrows Honorable B Glen Whitley Honorable Linda Rodriguez McLennan County a formula grant in the amount of$278,441. Mr Anthony Odiorne Mr Don Hase The Statement of Grant Award FY15 Formula Grant is attached. Unlike previous years, Executive Director no further action is required on your part for these grant funds. The Resolution Adopted James D Bethke by the Commissioners Court is considered your county' s acceptance of the grant.
The Commission works together with counties to promote innovation and improvement in
indigent defense systems statewide. On behalf of the Commission, I commend McLennan County for its efforts in these areas. If you have any questions or need clarification about the Commission' s grant programs, please call Edwin Colfax at 1- 866- 499- 0656.
Also, please log into the Commission' s Grant & Plan Management Site to update any contact information that may have changed for your local officials. Contact Megan McIntire if you need help to log into this site at MMclntire a ppri tanul. cdu or by phone at 979- 845- 1041.
Sincerely,
Sharon Keller Chair, Texas Indigent Defense Commission Presiding Judge, Court of Criminal Appeals
ACCEPTED BY COMMISSIONERS COURT W04- Trcczg Ir- THIS Z OF J Y 201, N'^
COUNTY JUDGE
Texas Indigent Defense Commission 209 West 14th Street, Room 202• Austin, Texas 78701 • www.tidc.texas.gov Phone: 512. 936.6994• Fax: 512.463. 5724 LITIDC TEXAS INDIGENT DEFENSE COMMISSION
Statement of Grant Award FY15 Formula Grant
Date Issued: January 15, 2015 Grant Number: 221- 15- 155 Grantee Name: McLennan County Program Title: Formula Grant Program Grant Period: 10/ 01/ 2014-9/30/2015 Estimated TOTAL Grant Award Amount: $ 278,441
The Texas Indigent Defense Commission ( Commission) has awarded the above- referenced grant for indigent defense services. Formula Grants are provided by the Commission to meet its statutory mandates and to promote Texas counties' compliance with standards adopted by the Commission.
Grant Calculation The sum of$ 5000 plus; A calculation applied to the funds budgeted for FY2015 formula grants by the Commission based: o 50 percent on the County' s percent of state population; and o 50 percent on the County' s percent of statewide FY2014 direct indigent defense expenditures ( as defined in Title 1, Part 8, Texas Administrative Code Sec. 173. 202( 1)-( 3)): less discretionary funds provided by the Commission for expenditures defined in Title 1, Part 8, Texas Administrative Code Sec. 173. 202( 1)-( 3) less the reimbursed costs of operating a regional program The baseline requirements contained in Section E of the Request for Applications do not apply to counties with a 2000 Census population of less than 10,000 but do apply to all other counties. The County shall not receive more in funds than what was actually spent by the county in the prior year.
Standard Grant Conditions:
The authorized official for the grantee accepts the grant award. The authorized official, financial officer, and program director, referred to below as grant officials, agree to the terms of the grant as written in the FY15 Formula Grant Program Request for Applications issued on September 3, 2014, including the rules and documents adopted by reference in the Commission on Indigent Defense' s Grant Rules in Title 1, Part 8, Chapter 173, Texas Administrative Code. The grant officials understand that a violation of any term of the grant may result in the Commission placing a temporary hold on grant funds, permanently deobligating all or part of the grant funds, requiring reimbursement for funds already spent, or barring the organization from receiving future grants. Disbursement of funds is always subject to the availability of funds. Any plan documents submitted to the Commission must continue to meet all grant eligibility requirements.
FILED: JAN 2 0 2015 Page 2 J A AND HARWaL,, County Clerk Coiluexiais E1yd. a C000k D AGENDA: JANUARY 20, 2015
III. CONSIDERATION OF, AND/ OR ACTION ON, THE FOLLOWING:
L. CONSENT AGENDA ITEMS:
1. Reading/Approval ofPrevious Meeting Minutes; Acceptance of Amendments/ Approved Supplements! Corrections; Recording into the Court Minutes of Previously Approved Documents, Items Not Requiring Court Action, FIB 914 Conflict Disclosure Statements, as applicable
2. Financial Obligations ofMcLennan County:
a. Authorization for County Treasurer to Pay County Checks/ Wire/ Approved Electronic Transfers Issued Since Last Authorization
b. County Treasurer: Interest/ Investment Reports/ Authorizations/ None Recording of McLennan County Investment Policy/ Acknowledgment Forms/ Pooled Cash Account Balance Reports
3. Human Resources/ Salary Matters: Benefits/ Status Forms/ Revisions to Salary Schedules; Authorizations Regarding Human Resources Issues/ Revisions to Human Resources Policies; Compensation/ Classification Issues/ Personnel Reviews/ Reclassifications/ Administrative Guidelines; Consultant Reports/ Recommendations, Job Descriptions/ Postings
a. Maintenance of Buildings: Discussion and/ or Action regarding Pulled Replacement of Facilities Director
b. Constable, Precinct 1 Pulled
4. Authorizations/ Ratifications Re: RFPs / RFQ' s/ Bids/ Advertisements/ Publications/ Public Notices/ Sole Source Determinations/ Surplus/ Scrap Property Determinations/ Recording ofLegal Notifications
a. Authorization of Advertisements for RFQs/ Bids/ RFP' s/ Public Notices Approved
b. Authorization of Notice of Public Hearing re: Countywide Election Day Approved Polling Place( Vote Centers) Program as per Section 43. 007 of the Texas Election Code
5. Travel and/or Education Requests/ Ratifications:
a. County Sheriff Approved
b. Constable, Precinct 2 Approved
c. Maintenance of Equipment Approved
6. Acceptance/ Non Acceptance of Officials/ County Department Head/ Staff/ Organization Reports/ Updates; Policy Recommendations; Reports relative to County Contracts/ Agreements/ Programs; Recording ofEducational or Insurance Certificates/ Awards/ Bonds/ Recording ofConflict Disclosure Statements, Presentations to the Court
Approved a. Maintenance of Equipment: Monthly Activity Reports, December 2014 b. Mental Health Court Services: Monthly Activity Reports, December 2014 Approved
c. Pretrial Services: Monthly Activity Reports, December 2014 Approved
d. National Weather Service: Presentation of StormReady Certificate Pulled
e. Information Technology: Monthly Activity Reports, December 2014 Approved
f. Property/ Casualty Insurance Committee: Recording of Meeting Notes Approved
7. Commissioners Court, discussion on, consideration ofand/ or Action on:
a. Ratification of Purchase/ Designation of Authorized Purchaser:
1) Maintenance of Equipment: Ratification of Expenditure( AAMCO Approved Transmissions)
b. Authorizations re: Burn Ban in the Unincorporated Areas of McLennan Remains County Lifted
c. Acceptance of Bond/ Oath Documents for Various Elected and/ or Appointed None County Officials, related authorizations as necessary
d. Regarding the On- Site Sewage Facility( O.S. S. F.) Program Authorization of Approved December 2014 Billings, Reports/ Information
CD-313, 11: 29 ORDER APPROVING CONSENT AGENDA ITEMS
On this 20 day of January, 2015, came on for consideration the matter of reviewing and approving the
Consent Agenda Items. Judge Felton stated that we need to pull items L. 3. a. and L. 3. b. Commissioner
Jones made a motion to approve ( the consent agenda items with the exception of L. 3. a. and L. 3. b.) and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, 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. Recording of Authorization of Maintenance / Lease Agreement: CTWP ( County Clerk' s Office) approved by Order on November 25, 2014 and recorded on Page 18 of these minutes.
RECEIVED
s! AN 2n15:
McLEN.NAN CO. JUDGE:
PTED BY COMMISSIONE• S COURT rGe, RAZtarl00N0-- THIS / I DAY OF A 20 i)FU(' I iii couNTY JUDG ORIGINAL
3730 FRANKLIN AVE. WP LAL/ WP PHONE( 2 4)75'0376 CUSTOMER ORDER FAX ( 254) 752- 7712
www.ctwp.com I I Date Page of November 14, 2014
Customer No Phone No Salesman Invoice No 254) 757- 5078 I Roxanne Burnett BILL TO SHIP TO McLennan County Clerk Same
215 N. 5th St. Rm# 226
Waco, TX 76703 1 Special Billing Instructions Contact Name Contact No Steve Kallus 1( 254) Purchase Order# Order Received By Shipping Instructions
Install Date E- Mail: EQUIPMENT INSTALL INFORMATION '
Beginning Estimated Fax: Count Copy Volume Zone Installed By I0 II 0 1II0 I VO Notes COPIER MA TYPE I ) ALL INCLUSIVE 2) ALL BUT DRUM
3) ALL BUT DRUM& DEV 4) EXCLUDES CONSUMABLES
Qty. Unit Product# 7D0:5- Description - Serial# Unit Price Ext. 454e N 1 A61 E011 Konica Minolta Bizhub S/ A/ irn 0.00 rilDicv woos a 1 A2XM013 PC- 410 LCT S/ 0.00 NU110136201,56q5 1 A3EPWYI FS- 534 Staple Finisher S/ N4Epw y1I't R 0.00 1 A2ETW 1 I PK- 520 Hole Punch S/ N / 0.00 TI3E TW 1 093j 41 LJ) r1C..f34- I A5C2011 Bizhub C284e S/ N,.. 0.00 n 001 j0„ge 1 A3CEWY 1 DF- 701 Dual Scan Doc Feed S/ N/ 1 h// 0.00 c•a Flu Vj 9 - 1 A4MF012 FK- 511 Fax Kit 0.00 Fac9C9ag 1 7640017610 Copy Desk S/ N ` q0 / 0.00
TRADE- IN
TERMS-- NET RECEIPT OF INVOICE-- This order is subject to acceptance by the company to be es tdenced by shipment Sales tares and similar imposts nil be added where applicable There are no agreements or pnces SHIPPING other than specified b} this order If payment is not recened snhm 30 days from date of msotce 1 5% will be assessed on the unpaid balance per month 0.00 SUBTOTAL Authoriz Si ire
1 0.00 TAX Title SOOTT A• FeU D Date: 0. 00 TOTAL Nil JV II- ZS- ELI SMA7 ORIGINAL
TWi Delivery & Acceptance Certificate
Contract or Schedule No. Lease#: if applicable): q c) 13/ 00‘ Ul[ 3 opt, His -- Lender or Customer: County Of McLennan Lessor: CTWP Leasing
The above Customer hereby unconditionally represents and certifies to the above Lender or Lessor, and agrees, that:
1. The following equipment, other personal property and software, if any, leased or otherwise provided to Customer or otherwise constituting collateral relating to the above Contract or Schedule( the" Goods"), has been fully delivered and installed at Customer's place of business, has been inspected and tested by Customer and is operating in good working order to Customer's complete satisfaction, meets all of Customer' s requirements and specifications, and is hereby irrevocably accepted by Customer
Quantity I Make or other description Model name( if any) Serial#( if any) 1 Konica Minolta Bizhub 454e 1E0/1O08 i, 1 Konica Minolta Bizhub C284e A5C DJ) O 7G iV
Attach additional page if necessary 2 There are no side agreements between Customer and any third party relating to the subject matter of the Contract, and no cancellation rights have been granted to Customer by the Lender or Lessor or any third party There is no" free demonstration" or" test" period for the Goods
3 Customer has reviewed and understands all of the terms of the Contract, and Customer agrees that the Contract cannot be revoked or cancelled or terminated early for any reason
Customer hereby directs the Lender or Lessor to pay the vendor/supplier of the Goods Customer agrees that ( i) Lender or Lessor may insert the Contract or Lease number above and the Delivery Date below if either is missing following the Customer's signature below and ( ii) a facsimile of this document containing a facsimile of the Customer' s signature shall be considered as valid and binding as the original for all purposes
Instruction to Customer: Do NOT sign this Certificate until ALL of the Goods have been delivered, installed, inspected and tested to your satisfaction. p
Customer Authorized Signature Print name
Delivery Date of the Goods
115400 v1 D& A 06-05 ORIGINAL
Non Appropriation Addendum (for State or Local Governmental Lease or Loan)
Lessee/Renter/Customer: Title of lease, rental or other agreement: County Of McLennan Lease dated Lessor or Lender: CTWP Leasing Lease, rental or contract#: Ap ag This Non-Appropriation Addendum ( this " Addendum") is made by and between the above-r ferenced lessee, renter or other customer Customer") and the above-referenced lessor or lender(" Creditor") Introduction: Customer and Creditor are simultaneously herewith entering into the above- referenced lease, rental, loan or other credit agreement the" Agreement"), and Customer and Creditor wish to modify and/or supplement the terms of the Agreement, as more particularly set forth herein below This Addendum shall be effective as of the same date as the Agreement( the" Effective Date") 1. Incorporation and Effect. This Addendum is hereby made a part of, and incorporated into, the Agreement as though fully set forth therein As modrfied or supplemented by the terms set forth herein, the provisions of the Agreement shall remain in full force and effect, provided that, in the event of a conflict between any provision of this Addendum and any provision of the Agreement, the provision of this Addendum shall control In entering into this Addendum, it is the intent of Customer and Creditor to conform the terms and conditions of the Agreement to the requirements of all applicable federal, state and local laws, rules and regulations relating to governmental entities and public finance If any term or condition of this Addendum is unenforceable or unlawful, then such provision shall be deemed null and void without invalidating the remaining provisions of the Agreement 2. Definitions. Capitalized terms herein that are not otherwise specrfically defined herein shall have the same meanings as set forth in the Agreement As used in this Addendum, the following terms shall have the following-descnbed meanings* Goods" shall have the same meaning as the term" Equipment,"" Leased Equipment,"" Goods" or" Property"( or a similar term) as defined and used in the Agreement 3. Non-Appropriation of Funds. Customer hereby represents, warrants and covenants to Creditor that ( a) Customer intends, subject only to the provisions of this Section 3, to remit to Creditor all sums due and to become due under the Agreement for the full multi-year term thereof,( b) Customer's governing body has appropriated sufficient funds to pay all amounts due to Creditor during Customer's current fiscal period, ( c) Customer reasonably believes that legally available funds in an amount sufficient to make all such payments for the full multi-year term can be obtained, and( d) Customer intends to do all things lawfully within its power to obtain and maintain funds from which all such payments to become due during the full multi-year term of the Agreement, including making provision for such payments to the extent necessary in each budget or appropriation request submitted and adopted in accordance with applicable law Notwithstanding the foregoing, the decision whether or not to budget and appropriate funds is within the discretion of Customer's governing body In the event Customer's governing body fails to appropriate sufficient funds to make all payments and pay other amounts due and to become due during Customer's next fiscal period, Customer may, subject to the terms hereof, terminate the Agreement as of the last day of the fiscal period for which appropriations were received ( an " Event of Non-appropriation") Customer agrees to deliver notice of an Event of Non- appropriation to Creditor at least 30 days prior to the end of Customer's then- current fiscal period, or if an Event of Non-appropriation has not occurred by that date, promptly upon the occurrence of any such Event of Non- appropriation and to return the Goods pursuant to the return requirements stated in the Agreement on or before the effective date of termination In the event the Agreement is terminated following an Event of Non-appropriation, Customer agrees( but only to the extent permitted by applicable law) that, for a period of one( 1) year from the effective date of such termination, Customer shall not purchase, lease, rent or otherwise acquire any personal property performing functions similar to those performed by the Goods, for use at the site where the Goods are located, except as may be required for public health, safety or welfare purposes Customer and Creditor understand and intend that Customer' s obligation to make payments and pay other amounts due under the Agreement shall constitute a current expense and shall not in any way be construed to be a debt in contravention of any applicable constitutional or statutory limitations or requirements concerning Customer's creation of indebtedness, nor shall anything contained herein constitute a pledge of Customer's general tax revenues, funds or monies 4. Additional Representations, Warranties and Covenants of Customer. In addition to the other representations, warranties and covenants made by Customer as set forth in the Agreement, Customer hereby represents, warrants and covenants to Creditor that ( a) Customer has the power and authority under applicable law to enter into the Agreement and this Addendum and the transactions contemplated herein and therein and to perform all of its obligations hereunder and thereunder, ( b) Customer has duly authorized the execution and delivery of the Agreement and this Addendum by appropriate official action of its governing body and has obtained such other authorizations, consents and/ or approvals as are necessary to consummate the Agreement and this Addendum, ( c) all legal and other requirements have been met, and procedures have occurred, to render the Agreement and this Addendum enforceable against Customer in accordance with their terms, and Customer has complied with such public bidding requirements as may be applicable to the Agreement and this Addendum and the transactions contemplated herein and therein, ( d) upon Creditor's request, Customer will provide Creditor with a copy of Customer's current financial statements within 150 days after the end of each fiscal period, and ( e) during the term of the Agreement, unless and until the Agreement is terminated in accordance with Section 3 above, Customer shall provide to Creditor, no later than 10 days prior to the end of each fiscal period, with current budgets or other proof of appropriation for the ensuing fiscal period, and such other financial information relating to Customer' s ability to continue the Agreement, as Creditor may request Customer hereby acknowledges that the representations, warranties and covenants made by Customer in this Addendum and those set forth in the Agreement are being materially relied upon by Creditor in entering into the Agreement and this Addendum. 5. Indemnification. To the extent Customer is or may be obligated to indemnify, defend or hold Creditor harmless under the terms of the Agreement, any such indemnification obligation shall arise only to the extent permitted by applicable law and shall be limited solely to sums lawfully appropriated for such purpose in accordance with Section 3 above 6. Remedies. To the extent Creditor' s remedies for a Customer default under the Agreement include any right to accelerate amounts to become due under the Agreement, such acceleration shall be limited to amounts to become due during Customer' s then current fiscal period 7. Governing Law. Notwithstanding anything in the Agreement to the contrary, the Agreement and this Addendum shall be governed by, construed and enforced in accordance with the laws of the state in which Customer is located 8. Miscellaneous. This Addendum, together with the provisions of the Agreement not expressly inconsistent herewith, constitutes the entire agreement between the parties with respect to the matters addressed herein, and shall supersede all prior oral or written negotiations, understandings and commitments This Addendum may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall be deemed to constitute one and the same agreement A facsimile or other copy of this Addendum with facsimile or copied signatures shall have the full force and effect of the original for all purposes, including the rules of evidence applicable to court proceedings
1 Customer: Coun Of McLennan Creditor: CTWP Leasing ^ —
By X ZIZ By X v V —
1J Print SDVT 1 fri. Print 911 / lS00( C--er1 Title II- 1S- 14 Title E,TJ
58514 v10 ORIGINAL zifop Image Management Agreement out o0o/` CONTRACT NUMBER Ii03— s —
CTWP Leasing In this agreement( as amended from time to time, the' Agreement'), You and' Your mean the customer named below ' We,' Us' and' Our mean the owner, CTWP Leasing' Supplier means the equipment supplier named below You acknowledge and agree that this Agreement represents the complete and exclusive agreement between You and Us regarding the subject matter herein and supersedes any other oral or wntten agreements between You and Us This Agreement can be changed only by written agreement between You and Us Other agreements not stated herein( including, without limitation, those contained in any purchase order or service agreement between You and the Supplier) are not part of this Agreement and are not binding on Us CUSTOMER INFORMATION
FULL LEGAL NAME STREET ADDRESS County Of McLennan 215 N 5th st Rm# 226
CITY STATE ZIP PHONE FAX Waco TX 76703 254) 757- 5078 X 2167 254) 757- 5146
BILLING NAME( IF DIFFERENT FROM ABOVE) BILLING STREET ADDRESS
CITY STATE ZIP E- MAIL
EQUIPMENT LOCATION( IF DIFFERENT FROM ABOVE)
SUPPLIER INFORMATION
NAME OF SUPPLIER STREET ADDRESS CTWP Leasing 3730 Franklin Ave
CITY STATE ZIP PHONE FAX Waco TX 76710 254) 752- 0376 254) 752- 7712
MAKE/MODEL NO ACCESSORIES SERIAL NO. STARTING METER Konica Minolta Bhizb 454e A-61E0I I r)O g43.3 f-qa- Konica Minolta Btzhub C284e f15C. Q I! 1 07039039 8- 44) C
TERM AND PAYMENT SCHEDULE Term in Months Security Deposit Documentation Fee 60 Payments of$ 459 72 60 Plus Applicable Taxes) $ 0 75. 00 mos) Payment Period is Monthly Unless Otherwise Indicated Plus Applicable Taxes) Payment includes 8000 B& W copies per month Overages billed quarterly at$ 008 per B& W copy
Payment includes 200 Color copies per month Overages billed quarterly at$ 08 per Color copy
Payment includes B& W prints per month Overages billed quarterly at$ per B& W print
Payment includes Color prints per month Overages billed quarterly at$ per Color print THIS IS A NONCANCELABLE/ IRREVOCABLE AGREEMENT. THIS AGREEMENT CANNOT BE CANCELED OR TERMINATED. LESSOR ACCEPTANCE 110 CTWPW Leasing t AtrED LESSOR NATURE TITLE I CUSTOMER ACCEPTANCE By signing below, You acknowledge receipt of Page 2 of this Agreement and a ree to the terms on both Pages 1 d 2 CLanan a. K X CUSTOMER SIGNATURE TITLE DATED AR. jV C un h OF- " C len na l 01 . i r) CAV 1/ FEDERAL y PRINT NAME ID # 74- ooa4 GUARANTY
To i • uce Us to enter into the above Agree,-- nt, the undersigned(' You") he- by unconditionally and i -' ocably guaranties . t the customer identified .,. ove will pay all amoun is at are due under the greement when.. d as due, whether by accelerati.• or otherwise, and will perform all of i - customer' s obligat• s to Us under the Agr-• . ent You agree that • u are bound by, and this Gu. anty will cover, all. mendments, supplem- and add- ons to the Agr- ent and all additional obligations incurr, by the custom- in the future relating to the •• eement You h• • by unconditionally waive notice• acceptance• this Guaranty, presentmen, . rotest, demand, dish. or, amendment to the Agreement, non- perfo • nce there •• er, and also waive any and all d- • nses based• n suretyship or impairment of collater- and oth: nghts that might create condibo precedent to Yo liability hereunder If the customer defaults under • e Agre= ent, You agree to pay all sums due u er the•• • ement and perform all other obligations o e stomer thereunder immediately upo • emand, an. ou agree that We may proceed directly against any on. or. ore guarantors( together or separately for - fu - mount due hereunder, if there is more than on ; uarantor) without first proceeding or maki • ctai . r exhausting any remedy against the customer, any other . rantor, any other third party, or any collateral, . d without first pursuing any other remedy avai.• le • us You agree to reimburse Us for all e •- es We incur in enforcing Our nghts against You and/or the•• st. er, including, without limitation, reasonabl- : tt••. eys' fees This Guaranty shall be governed• y the I. s of the State of Iowa without regard t. is hoice-of-law laws You consent to the exclusive junsdictio• and v-• ue of the courts descnbed in Section 1 . f the •, eement You and We hereby waive t nght to a i by jury in any action between the. ou-• onze Us to obtain Your personal financial informatio • nd to upd. - the same from time to time), includ g, without li tation, information from any cons • er reporting age X
PRINT NAME OF GUARANTOR SIGNATURE SATED
NA-3014a- Genenc-01- 12 Page 1 of 2 ORIGINAL 1. LEASE OF EQUIPMENT. You agree to lease from Us the personal property listed on Page 1( together with all existing and future accessones, attachment, replacement and embedded software, the' Equipment") upon the terms stated herein You promise to pay to Us all of the charges and fees stated herein This Agreement Is binding on You as of the date You sign rt. You agree that after You sign, We may insert or correct any infamabon missing on this Agreement, including Your proper legal name, senal numbers and any other information describing the Equipment, and change the payment amount by up b 15% due to a change in the Equipment or its cost or a tax or payment adjustment 2. EQUIPMENT SERVICE; SUPPLIES; YOUR UNCONDITIONAL OBLIGATIONS. The Supplier has agreed with You to provide Equipment service dunng normal business hours and to provide You with all toner, developer and parts Q1 necessary for You to produce copies and pnnts, all of which are included m the Payment amount However, You agree that( a) You must separately purchase all other supplies, including, without limitation, copier paper, at Your own - cost, and( b) You must separately purchase Equipment service outside the Suppler' s normal business hours and any service, parts or supplies required by your misuse of the Equipment or failure to follow the manufacturer's suggested L- use instruchons You agree that 0) We are a separate and independent company from the Suppler, manufacturer and any other vendor( collectively, Vendorsi, and the Vendors are NOT Our agents,( ii) No statement or warranty by re any Vendor is binding on Us, and no Vendor has authonty to waive or alter any term of this Agreement( ii) You, not We, selected the Equipment and the Vendor(s) based on Your own judgment( iv) Your obligations hereunder are 2 absolute and unconditional despite any Equipment failure or any Vendor's failure to provide You with any Equipment service, parts or supplies( including any service, parts or supplies that are included in the Payment amount), or any other adverse condition,( v) We are NOT a party to the Supplier's agreement to provide You with serwce, parts or supplies, such contract is NOT part of this Agreement( even though We will, as a convenience to You and the Supplier, bill and collect monies owed by You to the Supplier), and no breach by the Supplier will excuse You tom performing Your obligations to Us hereunder, and( v) If the Equipment is unsatisfactory or if any Vendor fails to provide any service or fulfill any other obligation to You, You shall not make any claim against Us and shall continue to fully perform under this Agreement With respect to any equipment designated as' Service Only', You acknowledge and agree that 0) We do not own such equipment( ii) such equipment is not provided or rented to You pursuant to the terms of this Agreement( iii) the c.... 1_ Supplier has agreed to provide service and supplies for such equipment in accordance with the terms of this Section 2, and( iv) the portion of the Payment attributable to such' service only equipment includes payment only for the C) service and supplies provided the Supplier pursuant to this Section 2 and not for the use or rental of such equipment by U 3 PAYMENTS Each Payment Permd, You agree to pay Us, by the due date set forth on Our Invoice to You( i) the Payment amount( i) the applicable overage charges for each metered copy or pnnt in excess of the applicable z• number of copes or pnnts included in the Payment and( in) applicable taxes and other charges provided for herein You agree to pay the minimum Payment amount even if You do not make the applicable number of copies or punts in N a given month There are no' credits' that carry over from any payment period during which You make fewer than the applicable number of included copies or pnnts You agree that We may increase the Payment and/or the applicable overage charges once each year dunng the Initial Term and once each year for any Renewal Term, by an amount not to exceed 15% per year At Our option, You will( a) provide Us by telephone or facsimile with the actual meter readings when We so request( b) allow Us to attach an automatic meter reading device to the Equipment or( c) allow Us access to the Equipment to obtain meter readings or audit the meter reading device If We request You to provide Us with meter readings and You fail to do so within 7 days of Our request then( i) We may estimate the number of copies and punts made and invoice you accordingly, and( i) We will adjust the estimated charge for overages upon receipt of actual meter readings Restrictive endorsements on checks will not be binding on Us All payments received will be applied to past due amounts and to the current amount due in such order as We determine Any secunty deposit or estimated future Governmental Charge that You pay is non- interest beanng, may be commingled with Our funds, may be applied by Us at any hme to cure any default by You, and the unused portion will be returned to You within 90 days after the end of the Agreement It We do not receive a payment in full on or before its due date, You shall pay a fee equal to the greater of 10% of the amount that is late a$ 29 00 You shall pay Us a returned check or non-sufficient funds charge of$ 20 00 for any returned or dishonored check or draft 4. TERM: AUTOMATIC RENEWAL This Agreement is effective on the date that it is accepted by Us, and the term will begin on that date or any later date that We designate( the' Commencement Date') and will continue for the r number of months shown on Page 1( the Initial Term") As used herein,' Present Tenn' means the term presently in effect at any tome, whether it is the Initial Term or a Renewal Term( defined below) Unless You notify Us In writing 4 I. 4 fif ;cl e A. A nnf magalb n 42n a • before the end of a Present Tern that You Intend to return the Equipment at the and of such Present Tern, then ( a) this Agreement will automatically renew for an additional a_ one-year period( a' Renewal Term and( b) the payment terms and other terms of this Agreement will conhnue to apply If You do notify Us in writing within such time that You intend to return the Equipment at the end of a Present 3'• Term, then promptly upon the expiration of such Present Term You shall return the Equipment pursuant to Section 1 • -.••.•• ••• • • - • •. •• •••• •• • • •• • ••• ••• o
n .. _ n 11.• ' . . 411• 1, 1 n• i. n. n ...... S. 11•. 1• • .' .• , i • u. iii . is. • i- • to, 3
6 NO WARRANTIES WE ARE PROVIDING THE EQUIPMENT TO YOU" AS IS". WE HAVE NOT MADE AND HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY APPLICABLE LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We hereby transfer to You, without recourse to Us, all automatically ry transferable warranties, if any, made to Us by the Vendor(s) of the Equipment The parties hereto agree that the transaction documented in this Agreement is a' finance lease' under Article 2A of the Uniform Commercial Code( the 11 UCC') You hereby waive any and all nghts and remedies conferred upon You by Article 2A of the UCC If this Agreement is deemed to be a secured transaction, You hereby grant to Us a secunty interest in the Equipment and all y_ proceeds thereof You authorize Us to record a UCC financing statement to protect Our interests in the Equipment You may be entitled under Article 2A of the UCC to the promises and warranties( if any) provided to Us by the d Supplier(s) in connection with or as part of the contract(if any) by which We acquire the Equipment You acknowledge that You are aware of the name of the Supplier of each item of Equipment and You may contact the Supplier(s) for an accurate and complete statement of those promises and warranbes Of any), including any disclaimers and limitations of them or of remedies Z. 7. DELIVERY. LOCATION, OWNERSHIP. USE, MAINTENANCE OF EQUIPMENT. We are not responsible for delivery or installation of the Equipment You are responsible for Equipment maintenance to the extent the Supplier does not provide the same You will not remove the Equipment from the Equipment Location unless You first get Our permission If the Equipment is moved to a new location, We may increase the' Payment' and/or' overage' charges by a reasonable amount in order to account for any increased costs to the Supplier in providing covered service, parts and supplies to You You shall give Us reasonable access to the Equipment Locabon so that We may inspect the Equipment whether performed prior to or after the Commencement Date, and You agree to pay Our costs in connection therewith We will own and have Mb to the Equipment( excluding any software) dunng the Agreement If the Equipment includes any software( i) We don't own the software,( u) You are responsible for entenng into any necessary software license agreements with the owners or licensors of such software,( iii) You shall comply with the terms of all such agreements, if any, and( iv) any default by You under any such agreements shall constitute a default by You under this Agreement You represent that the Equipment will be used solely for commercial purposes and not for personal, family or household purposes You will use the Equipment in accordance with all laws, operation manuals, service contacts( if any) and insurance requirements, and shall not make any permanent alterabons At Your own cost, You MI keep the Equipment in good working order and warrantable condition, ordinary wear and tear excepted(' Good Condition') 8. LOSS: DAMAGE, INSURANCE You shall, at all bmes dunng this Agreement( i) bear the nsk of loss and damage to the Equipment and shall conbnue performing all Your obligations to Us even if it becomes damaged or suffers a loss,( n) keep the Equipment insured against all nsks of damage and loss(' Property Insurance') in an amount equal to its replacement cost, with Us named as sole" loss payee; and( iii) carry public liability insurance covering bodily injury and property damage(' Liability Insurance') in an amount acceptable to Us, with Us named as' additional insured' You have the choice of satisfying these insurance requirements by providing Us with sabsfactory evidence of Properly and Liability Insurance(' Insurance Proof"), within 30 days of the Commencement Date Such Insurance Proof must provide for at least 30 days pnor written nohce to Us before it may be cancelled or terminated and must contain other terms satisfactory to Us If you do not provide Us with Insurance Proof within 30 days of the Commencement Date, or if such insurance terminates for any reason, then( a) You agree that We have the nght but not the obligation, to obtain such Property Insurance and/or Liability Insurance in such rams and amounts from an insurer of Our choosing in order to protect Our interests(' Other Insurance), and( b) You agree that We may charge you a peniod c charge for such Other Insurance This periodic charge will include reimbursement for premiums advanced by Us to purchase Other Insurance, billing and tracking fees, charges for Our processing and related fees associated with the Other Insurance, and a finance charge of up to 18% per annum( or the maximum rate allowed by law, if less) on any advances We make for premiums( collectively, the' Insurance Charge') We and/or one or more of our affiliates and/or agents may receive a portion of the Insurance Charge, which may include a profit We are not obligated to obtain, and may cancel, Other Insurance at any time without notice to You Any Other Insurance need not name You as an insured or protect Your interests The Insurance Charge may be higher than if You obtained Property and Liability Insurance on Your own 9 ASSIGNMENT You shall not sell, transfer, assign or otherwise encumber( collectively,' Transfer^) this Agreement or Transfer or sublease any Equipment in whole or in part, without Our prior written consent We may, without notice to You, Transfer Our interests in the Equipment and/or this Agreement, in whole or in part, to a third party( a' New Owner'), in which case the New Owner will, to the extent of such Transfer, have all of Our rights and benefits but will not have to perform Our obligations( if any) Any Transfer by Us will not relieve Us of Our obligations hereunder You agree not to assert against the New Owner any claim, defense or offset You may have against Us 10 TAXES AND OTHER FEES You are responsible for all taxes( including, without limitation, sales and personal property taxes, excluding only taxes based on Our income), assessments, license and registration fees and other governmental charges relating to this Agreement or the Equipment( collecWely' Govemmental Charges) Sales or use taxes due upfront will be payable over the Initial Term, with a finance charge You agree to promptly pay Us, on demand, estimated future Governmental Charges You authorize Us to pay any Governmental Charges as they become due, and You agree to reimburse Us promptly upon demand for the full amount( less any estimated amounts previously paid by You) .. _..-. ..
s. fee in accordance with Our current fee schedule, which may change from time to time, for additional services We may provide to You at Your request You acknowledge that We may( on behalf rma'*+rrearnK*a aY Y.ne+.TT±7ilZiinr33iLf.fill.r r,.aa., acrcrc1. rtrrir3+na...,._... er..marmnrr-iT.tr. n, r...
11 DEFAULT You will be in default hereunder if You( 1) fail. payp y anyy amount due hereunder within -y of the due date,( 2) breach or attempt to breach any other term, representation or covenant set fort herein or in any other agreement between You and Us,( 3) die Of You are an individual), go out of business or commence dissolution proceedings,( 4) become insolvent, admit Your inability to pay Your debts, make an assignment for the benefit of Your creditors( or enter into a similar arrangement), file( or there is filed against You) a bankruptcy, reorganization or similar proceeding or a proceeding for the appointment of a receiver, trustee or liquidator, or( 5) suffer an adverse change in Your financial condition and, as a result thereof or for any other reason, We deem Ourselves insecure If You default, We may do any or all of the following( A) cancel this Agreement,( B) require You to return the Equipment pursuant to Section 12,( C) take possession of and/or render the Equipment( including any software) unusable( and for such purposes You hereby authonze Us and Our designees to enter Your premises, with or without pnor notice or other process of law), and sell, lease or otherwise dispose of the Equipment on such terms and in such manner as We may in Our sole discretion determine,( D) require You to pay to Us, on demand, an amount equal to the sum of( i) all Payments and other amounts then due and past due,( n) all remaining Payments for the remainder of the then Present Term discounted at a rate of 6% per annum,( iii) the residual value of the Equipment estimated by Us at the inception of this Agreement( as shown in Our books and records), discounted at a rate of 6% per annum,( iv) interest at 1 5% per month on the amounts specified in clauses i,' ii and' iii above from the date of demand to the date paid, and( v) all other amounts that may thereafter become due hereunder to the extent that We will be obligated to collect and pay such amounts to a thud party( such amounts specified in sub-clauses' 1' through V' referred to below as the' Balance Due), and/or( E) exercise any other remedy available to Us under law You also agree to reimburse Us on demand for all reasonable expenses of enforcement( including, without limitation, reasonable attorneys' fees and other legal costs) and reasonable expenses of repossessing, holding, prepanng for disposition, and disposition(' Remarketing') of the Equipment plus interest at 1 5% per month on the foregoing amounts from the date of demand to the date paid In the event We are successful in Remarketing the Equipment. We shall give You a credit against the Balance Due in an amount equal to the present value of the proceeds received and to be received from Remarketing minus the above-mentioned costs( the' Net Proceeds') If the Net Proceeds are less than the Balance Due, You shall be liable for such deficiency Any delay or failure to enforce Our nghts under this Agreement shall not constitute a waiver thereof The remedies set forth herein are cumulative, are in addition to any other remedies provided for by applicable law, and may be exercised concurrently or separately 12 RETURN OF EQUIPMENT If You are required to return the Equipment under this Agreement, You shall, at Your expense, promptly upon demand, send the Equipment to any location( s) that We may designate and pay Us a handling/restockmg fee of$ 250 00 The Equipment must be property packed for shipment, freight prepaid and fully insured, and must be received in Good Condition( defined in Section 7) If the Equipment is not received within 15 days of the date of demand, You agree to continue making Payments and paying all other amounts due hereunder until the Equipment is received by Us We shall not be liable for any losses, directly or indirectly arising out of, or by reason of the presence and/or use of any and all proprietary information residing on or within any Equipment returned to Us or repossessed by Us 13 APPLICABLE LAW. VENUE. JURISDICTION; SEVERABILITY This Agreement shall be deemed fully executed and performed in the State of Texas and shall be governed and construed in accordance with the laws thereof You consent to and agree to the exclusive junsdicbon and venue of federal and state courts located in the State of Texas • • • • --.•_- . - i.- • • • • ACTt911rif any amount charged or collected under this Agreement is greater than the amount allowed by law( an' Excess Amount"), then( i) any Excess Amount charged but not yet paid will be waived by Us and( ii) any Excess Amount collected will be refunded to You or applied to any other amount then due hereunder Each provision hereof shall be interpreted to the maximum extent possible to be enforceable under applicable law If any provision is construed to be unenforceable, such provision shall be ineffective only to the extent of such unenforceabdity without invalidating the remainder hereof 14 MISCELLANEOUS. You shall furnish Us with current financial statements upon Our request This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute the same document You acknowledge that You have received a copy of this Agreement and agree that a facsimile or other copy containing Your faxed or copied signature may be treated as an onginat and will be admissible as evidence of this Agreement You waive nohce of receipt of a copy of this Agreement with Our original signature You hereby represent to Us that this Agreement is legally binding and enforceable against You in accordance with its terms Customer's Initials NA-3014a- Genenc-01- 12 Page 2 of 2 Self—Insurance Addendum
To Supplement to Governmental Lease Agreement
Reference is hereby made as of October 7, 2014 to Governmental Lease Agreement between McLennan County, Texas as Lessee, and CTWP Leasing, as Lessor.
Notwithstanding the provisions of any other reference to insurance in the Governmental Lease, Lessee may self-insurance against risk of physical loss or damage to the equipment, so long as no Event of Default has occurred or is continuing, to the same extent it self-insures equipment which it owns or leases similar in nature to the Equipment, provided such self-insurance program is not inconsistent with the prudent industry practice. Lessee certifies that Lessor has the right to periodically review Lessee' s financial condition to determine continuing eligibility for self-insurance. Lessee further certifies that it will notify Lessor, in the event of any theft, loss, damage, or other casualty to the Equipment.
Lessor: Lessee:
C L5afAs McLennan County, Texas
440m
1• By By SOW n' r i. rOd C, ounr;- JVDG
Title Title CTWP 3730 Franklin Ave. INaco, TX 78710 MAINTENANCE AGREEMENT Ph. 254- 752-0378 Fx. 254-752-7712 admIn@lctwp corn
IriIwaco i;gtgalq4.-0* T;T:e.rktei,;.tea&siiiiii Roxanne Burnett EP14,10:9tdei itauci
1511101 McLennan county Clerk 1: 7, '--Witi;Same 215 N. 5th St. Room# 226 cusbxn" Waco, TX 76703 Custorner#
Steve Kallus P,bp_oe:( 254) 757- 5005 X 2167 1 254) 757- 5146 Fax:
steve. kallus@co. mclennan. tx.us tE4Mail:
C;Ontract.,- Includes all parts, service, labor, black toner, color toner, and staples Ociveraga#; Maitneance is included in lease payment. Includes 2 machines
Invoice Cycle Monthly:ISI Quarterly:0 Annual:0 Other Overage Cycle Monthly:Eg Quarterly:El Annual: 0 Other
ID - Model Sénal Description Start Meter Allowance Base Rate - Overage Rate
454e Konica Minolta Bizhub 454e low 216/ E1) PADS4,3 901 6) C284e Koinca Minolta Bizhub C284e 141.10. Combined Contract with 2 machines
Black 8, 000 80. 00 008 Color g 200 16. 00 08 Total Plan is$ 96.00
See reverse for terms and conditions
44,aly 1..e,677 -- CTWP administration ppr; vd Authorized Customer Signature 500 n- -VeUvisij MONTY JUCCir Date Printed name and title II —25--lki Date
Waco• Bryan• San Angelo• San Antonio• Temple• p VitidleyVonneVna order 08-2848 Lf/ WP
Waco Chamber of Commerce' s " 2009 Business of the Year"!
3730 Franklin Avenue• Waco, TX 76710• Phone 254-752- 0376• Fax 254-752- 7712
October 28, 2014
County Of McLennan County Clerk - Upgrade Contract TCPN- R5007
Dear Mr. Kallus,
The two machines in the County Clerks Office are in a lease extension until August of 2015. The volume on these machines has been reduced drastically in the past year with the implementation of scanning and new software. Please find my proposal to replace the old equipment with a new plan that will save you an average of$ 377. 00 per month.
Current Average Monthly Volume Lanier LD280 —5, 334 Lanier LD433 —776
Current Equipment Proposed Equipment 60-Month Lease 686.84 60- Month Lease 363. 72 2 Machines 2 Machines 80 Page per Minute Black 45 Page per Minute Black 33 Page per Minute Black 28 Page per Minute Color Combined Maintenance $ 150. 00 Combined Maintenance $ 96. 00 Color Copies 0 Includes 200 Color Average Monthly Expense $ 836. 84 Average Monthly Expense $ 459. 72
Proposed Maintenance Agreement Includes 2 machines Includes all parts, service, and labor Includes 8, 000 Black pages per month Black overages bill monthly @ . 008 each Includes 200 Color pages per month Color Overages bill monthly @ . 08 each Includes black and color toner Proposed Equipment
Konica Minolta Bizhub 454e— Monochrome Copier 45- Pages per Minute Dual Scan Document Feed — Scan 2 sides with one pass. Network Print Color Scan to File/ Scan to Email USB Slot— Scan to or Print from Thumb Drive User Box— Store Documents at the copier phone Print Duplex 50- Sheet Staple Finisher 2 and 3 Hole Punch Unit 2 x 550 Sheet Paper Drawers— Letter/ Legal / Ledger/ 12" x 18" 2, 500 Sheet Paper Drawer— Letter 150- Sheet Bypass Tray— Letter/ Legal / Ledger/ 12" x 18" 175, 000 Page Monthly Duty Cycle
Konica Minolta Bizhub C284e —Color Copier 28- Pages per Minute Color or Black Dual Scan Document Feed — Scan 2 sides with one pass. Network Print Color Scan to File/ Scan to Email Fax USB Slot— Scan to or Print from Thumb Drive User Box— Store Documents at the copier Duplex 1phone Print 2 x 550 Sheet Paper Drawers — Letter/ Legal / Ledger/ 12" x 18" 150- Sheet Bypass Tray— Letter/ Legal / Ledger/ 12" x 18" Cabinet 100,000 Page Monthly Duty Cycle
Kindest Regards, Roxanne Burnett Account Manager
FILM JAN 2 0 2015
dA WiW HARWELL, County Clark McLennan County, Texas By Laurte Cook DEPUTY Recording of Authorization of Agreement for Industrial Business Grant: Space Exploration Technologies Corporation ( Spacex) Industrial Development Grant Program / Industrial Business Grant (IBG) approved by Order on December 22, 2014 and recorded on Page 50 of these minutes.
RECEIVED
In 1 ,
111cLENNAj CO. JUDGE
4 ACCEPTED BY COMMISSIONERS COURT Corcia r THIS ,.. s DAY OF 20
COUNTY JUDGE 1 ,
l
AGREEMENT FOR INDUSTRIAL BUSINESS GRANT BETWEEN MCLENNAN COUNTY, TEXAS AND SPACE EXPLORATION TECHNOLOGIES CORP.
This Agreement for Industrial Business Grant ( hereinafter " Agreement") is entered into by and between McLennan County, Texas ( hereinafter " COUNTY") and Space Exploration Technologies Corp. (hereinafter" BUSINESS").
WHEREAS, BUSINESS proposes to provide capital investment and the creation/ retention of jobs within the COUNTY as set out herein and in the BUSINESS' APPLICATION FOR INDUSTRIAL BUSINESS GRANT attached hereto as Exhibit
A", and incorporated herein ( hereinafter" Project"); and
WHEREAS, BUSINESS 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 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, the BUSINESS meets the eligibility requirements of the COUNTY' s Industrial Business Grant Program; and
WHEREAS, the COUNTY finds that the best interests of the COUNTY and its citizens will be served by this Agreement.
NOW, THEREFORE, the COUNTY and the BUSINESS agree as follows:
1. Project. Expansion of existing operations at 1 Rocket Road, McGregor, TX 76657 PREMISES") by the addition of$ 46,300,000 in new capital investment consisting of: 32, 400, 000 in real property improvements and $ 13, 900,000 in personal property improvements.
AND
The creation of up to 300 new, full- time jobs, and the retention of 261 existing, full-time jobs.
All as more specifically set out herein and in Exhibit" A".
1 The improvements and additions made as part of the project, whether personal or real property, are hereinafter referred to as " IMPROVEMENTS". IMPROVEMENTS do not include inventory or supplies.
2. Improvements. In consideration of Industrial Business Grant incentives to be provided by the COUNTY, the BUSINESS agrees and covenants that it shall construct and install the IMPROVEMENTS that are part of the Project on the PREMISES, and that such construction and installation shall be completed on or before December 31, 2018.
BUSINESS agrees to maintain the total value of IMPROVEMENTS as set forth herein. IMPROVEMENTS may be removed from the PREMISES or disposed of, if replaced by IMPROVEMENTS of equivalent value, with written notice to the COUNTY within 30 days or removal, disposal or replacement.. Failure of the BUSINESS to comply with this requirement shall be a breach of this Agreement by the BUSINESS.
Within thirty ( 30) days of capitalization of the personal property listed in Exhibit " A", which is subject to this Agreement, Business shall furnish the County with an itemized list of all personal property additions showing the original cost for each item.
BUSINESS must submit to COUNTY a valid Certificate of Compliance attached hereto as Exhibit " C", certifying that the construction and/ or installation of all of said IMPROVEMENTS has been completed for each year during the construction/ installation period. The COUNTY shall have the right to inspect the PREMISES to determine that the construction and/ or installation of the IMPROVEMENTS are in compliance with this Agreement.
BUSINESS agrees to construct and/ or install and use said IMPROVEMENTS and
PREMISES in accordance with all applicable laws, ordinances, codes, rules, requirements, or regulations of the City of McGregor, McLennan County, the State of Texas, and the United States, and any subdivision, agency, or authority thereof.
During the period of time when BUSINESS is utilizing said IMPROVEMENTS and at all times thereafter during the term of this Agreement, BUSINESS shall keep IMPROVEMENTS insured against loss or damage by fire or any other casualty, consistent with the BUSINESSES general commercial business practices. BUSINESS shall furnish the COUNTY with all certificates of such insurance evidencing such insurance coverage within 30 days of the execution of this Agreement. In the event IMPROVEMENTS are damaged by fire or any other casualty, if BUSINESS pursues diligent completion of work to repair, replace, remodel or renovate IMPROVEMENTS in accordance with the PLANS or revised Plans, then the grant as provided for in this Agreement shall be suspended during the time that the IMPROVEMENTS are being repaired, replaced, remodeled or renovated. When IMPROVEMENTS are restored to their prior condition the grant shall commence for the remaining term of the agreement, from the time the Agreement was suspended. Should BUSINESS decide not to repair, replace, remodel or renovate the damaged IMPROVEMENTS, then the COUNTY wll have the right to terminate this grante in accordance with Section 7 below. Within ninety
2 90) days of the date such damage to IMPROVEMENTS occurs, BUSINESS shall submit written notice of intent to the COUNTY setting forth the dates BUSINESS anticipates starting and completing the repair, replacement, remodeling or renovation of the damaged IMPROVEMENTS.
4. Employment. a.) New. BUSINESS agrees that it will create and fill, and shall maintain, three hundred 300) new full-time jobs at the PREMISES by December 31, 2018, and will maintain these jobs for a six ( 6) year period ending on December 31, 2024. The jobs must meet the Wage and Benefits Requirements set forth in Exhibit " B" hereto, which is incorporated by reference herein. b.) Retained. BUSINESS agrees that it will retain and keep filled the existing 261 full- time jobs at the PREMISES for a period of 10 years starting January 1, 2015 and ending on December 31, 2024. The jobs must continue to provide the same or greater levels of pay and benefits as before this Agreement, but not less than the Wage and Benefits Requirements set forth in Exhibit" B". c.) Performance. BUSINESS must maintain the 561 full-time jobs at the PREMISES for the term of this Agreement. Failure to maintain such positions and keep them filled will be a breach of this Agreement by the BUSINESS. Fluctuations in the total number of employees at the PREMISES due to normal turnover will not be considered a breach. However, open positions must be filled promptly. In no circumstance shall a position be allowed to remain vacant for six ( 6) months or more unless BUSINESS provides evidence of best effort attempts to fill the position. The term " normal turnover" as used above does not contemplate levels of job vacancy beyond what would be normal for a similar business enterprise in the COUNTY.
On or before December 31, 2015, and on December 31st of each subsequent year during the term of this Agreement, BUSINESS shall provide the County with an employment verification report showing the number of employees and other information, but which does not contain names, identifiers, or addresses of the employees. Each report should provide for each employee: position, salary/wage, hire date, county of residence, and full or part time status. After providing prior reasonable notice to BUSINESS, the COUNTY shall have the right during regular business hours to conduct a personnel audit of BUSINESS' S records to verify the employment data. The COUNTY agrees that it will hold and process all BUSINESS employee data it receives or views pursuant to this Agreement in accordance with all applicable United States laws and regulations.
3 The BUSINESS shall provide the COUNTY any documentation necessary to determine the BUSINESS' compliance with the employment requirements of this Agreement.
4. Term. The term of this Agreement shall be from January 1, 2015 to December 31, 2024, being a term of 10 years, unless earlier terminated as set forth herein.
5. Taxes. BUSINESS agrees to pay all taxes and assessments( unless otherwise exempted or abated) it owes to COUNTY prior to such taxes and/ or assessments becoming delinquent; provided, that BUSINESS shall have the right to contest in good faith the validity or application of any such tax or assessment ( including property valuations determined by the McLennan County Appraisal District) and shall not be considered in default hereunder so long as such contest is diligently pursued to completion. In the event BUSINESS does contest any such tax or assessment, it shall nevertheless, promptly pay to COUNTY prior to their becoming delinquent, all taxes and assessments which it is not so contesting. If BUSINESS undertakes any such contest, it shall so notify COUNTY and keep COUNTY apprised of the status of such contest. Should BUSINESS be unsuccessful in any contest, BUSINESS shall promptly pay the taxes and any penalties and/or interest resulting therefrom. The County reserves the right to withhold grant incentives under this Agreement pending any such contest. [ Pursuant to Section 154. 025 of the Local Government Code, the County is prohibited from paying obligations to persons or entities who have outstanding indebtedness to the County.]
Appraisal Disputes — BUSINESS shall have the right to protest and/ or contest any assessment of the IMPROVEMENTS. If during the term of this contract, a BUSINESS- initiated appraisal dispute results in the reduction of the appraised value of IMPROVEMENTS below the investment value indicated in BUSINESS' S Application for Industrial Business Grant for the IMPROVEMENTS, then BUSINESS shall be required to repay COUNTY the pro-rata portion of past grant payments based upon the amount the revised valuation is below the investment value in the application.
Tax Exemptions — If any provision of law provides an exemption from taxes for the Project or a portion thereof, and the exemption is applied to the Project, the BUSINESS must repay the County the pro-rata portion of past grant payments based on the value exempted.
6. Industrial Business Grant Incentives. In consideration of the BUSINESS' construction and installation of the IMPROVEMENTS by the Project and the creation/ retention of full-time jobs by the Project, the COUNTY agrees that, subject to the terms and conditions herein, the BUSINESS shall be entitled to Industrial Business Grant incentives as set forth below.
Real Property IMPROVEMENTS. 65% of the increase in ad valorem taxes actually received by the COUNTY and attributable to the increase in taxable value created by the Real Property IMPROVEMENTS over the taxable value of the PREMISES in the base year ( 2014), for a period of 10 years beginning on January 1, 2015, and ending on December 31, 2024.
4 Personal Property Improvement. The grant for Personal Property IMPROVEMENTS is based on a descending yearly percentage applied to the increase in ad valorem taxes actually received by the COUNTY attributable to the increase in taxable value of the Personal Property IMPROVEMENTS on the PREMISES over the taxable value in the base year ( 2014). The term of the grant for Personal Property IMPROVEMENTS is seven ( 7) years. The grant percentages applicable for each year are:
Year 1 50% Year 2 40% Year 3 30% Year 4 20% Year 5 10% Year 6 10% Year 7 5%
On or before February 15, 2016, and on February 15th of each subsequent year of this Agreement, BUSINESS shall submit a grant payment request in writing to COUNTY for payment of the previous year' s grant amount. Each request shall be accompanied by evidence showing the taxable value ( as determined by the McLennan County Appraisal District) of the real property eligible under this Agreement, the taxable value ( as determined by the McLennan County Appraisal District) of the personal property eligible under this Agreement, and that all County taxes on such real and personal property have been paid by BUSINESS. Payment will be made within forty-five( 45) days of receipt of the grant payment request from BUSINESS for such disbursement subject to verification of the above requirements.
IMPROVEMENTS not listed in BUSINESS' S Application are not subject to a grant under this Agreement.
Based on the requirements of the County' s IBG Program, " Ad Valorum taxes,"" property taxes" or " taxes" upon which the Grant is based does not include farm- to-market and lateral road taxes. Farm- to-market and lateral road taxes are not considered in calculating the grant amount.
7. Termination.
a.) In the event BUSINESS ( a) does not maintain the IMPROVEMENTS in good condition, reasonable wear and tear excepted, ( b) fails to repair, replace, remodel or renovate any damage or destruction of the IMPROVEMENTS as provided for in this Agreement, (c) fails to use the IMPROVEMENTS for the purposes that are contemplated by this Agreement and/or allows the PREMISES or IMPROVEMENTS to become vacant, ( d) fails to pay all taxes in the manner required by this Agreement, ( e) fails to maintain the number of full-time jobs as set forth in this Agreement, or( g) fails or refuses to meet any obligations and commitments under this Agreement, then the COUNTY shall give BUSINESS written notice of such deficiencies or failures. If BUSINESS has not complied with or made satisfactory efforts to comply within thirty ( 30) days of said
5 written notice, COUNTY shall and does reserve the right to declare this Agreement void and shall terminate the benefits of the grant as provided for in this Agreement. In such event, the BUSINESS shall not be entitled to a grant as provided herein from and after the effective date of termination and BUSINESS shall pay to the COUNTY the grant funds, including the value of in-kind incentives, awarded under the terms of this Agreement. In such case, BUSINESS shall repay the grant funds upon sixty ( 60) days demand therefore by the COUNTY. Repayment of the grant funds shall be made on a pro-rata basis based on the percentage of non-compliance by BUSINESS found by the COUNTY. The COUNTY shall have the right to seek recovery of the grant funds by any available legal action, and shall be entitled to recover its costs and attorney' s fees incurred in such collection efforts if successful in whole or in part. b.) The Texas Constitution prohibits a COUNTY 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. 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 or liability for such cancellation, provided that the COUNTY shall give BUSINESS 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. Such non- appropriation shall not be a breach of this Agreement by the COUNTY. If the County cancels this Agreement by non-appropriation it waives its repayment rights under this section to the full extent allowed by law. The foregoing being said, the COUNTY presently intends to appropriate the amounts lawfully to 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.
8. Administration. a.) BUSINESS shall provide the County all information and records requested by the County to determine the BUSINESS' compliance with the terms of this Agreement. b.) The COUNTY reserves the right to request information and documentation from the BUSINESS directly related to this Agreement, and the BUSINESS shall promptly comply with such requests. c.) BUSINESS shall grant the COUNTY access to the PREMISES during regular business hours for purposes of reviewing compliance upon reasonable notice and subject to regulatory and legal limitations.
9. Miscellaneous Terms and Conditions
The COUNTY, by approving this Agreement, assumes no liability or responsibility therefore or for any defect in any of said IMPROVEMENTS. The relationship between
6 COUNTY and BUSINESS at all times shall NOT be deemed a partnership or joint venture for purposes of this Agreement, or any other purpose.
BUSINESS agrees to assume full responsibility and liability for the installation of said IMPROVEMENTS and use thereof, and hereby agrees to indemnify, protect and hold harmless the COUNTY, 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 caused by or alleged to be caused, arising out of, or alleged to arise out of, either directly or indirectly or in connection with BUSINESS' S construction, installation or use if caused in whole or in part by the gross negligence or willful act of the BUSINESS or its employees.
If on account of any breach or default by BUSINESS of its obligations under the terms, conditions, or covenants of this Agreement, it shall be necessary for COUNTY to employ or engage an attorney or attorneys to enforce or defend any of the rights or remedies hereunder, and should COUNTY prevail, COUNTY shall be entitled to any reasonable attorney's fees, costs, or expenses it incurs in connection herewith.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under the present or future laws effective while this Agreement is in effect, such provision shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby.
This Agreement shall be construed under and in accordance with the laws of the State of Texas and all obligations of the parties created hereunder are performable in McLennan County, Texas. Venue of any dispute under or arising out of this Agreement shall be in a court of competent jurisdiction in McLennan County, Texas.
This Agreement and its attachments constitute the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter hereof.
No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing, dated subsequent to the date hereof and duly executed by the parties hereto.
The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise.
No waiver by COUNTY in any event of default, or breach of any covenant, condition or stipulation herein contained shall be treated as a waiver of any subsequent default or breach of the same or any other covenant, condition or stipulation hereof.
7 This Agreement may be assigned by BUSINESS upon giving written notice to COUNTY of such assignment and the parties thereto and upon approval by the COUNTY Commissioners' Court, provided that the COUNTY Commissioners' Court approval for such assignment shall not be unreasonably withheld.
EXECUTED in multiple counterparts, each of which is an original.
BUSINESS
By: 3re-' °Arisen
Its: C Fa
Date: 1 Z- P-&- iq
ATTEST:
Nu." ecFetary
McLENNAN COUNTY, TEXAS
By: 1,/ CV7-, - SCOTT M. FELTON 12.127... 4 COUNTY JUDGE
jirtEST. : aerte...... CO TY CLERK or DESIGNEE
Date: I2/ 2 Zly
8 EXHIBIT" A"
INDUSTRIAL BUSINESS GRANT APPLICATION
9 EXHIBIT" B"
Wage and Benefits Requirement
Job Creation:
300 Positions
Estimated Payroll of New Full-time positions: Average annual salary of$ 60,000
Types of lobs to be created:
Technicians Office Management Lead Technicians Security Supervisors Environmental H& S
Specialists Logistics
Operators Buyer
Electricians Scheduler
Welders Manager
CNC Machinists Sr. Manager
Lead or Master Trades Engineer
Inspectors Sr. Engineer Quality
Benefits: Company will provide health insurance at a level equivalent to that required within the company' s Program Project Agreement with the Waco McLennan County Economic Development Corporation. EXHIBIT " C"
CERTIFICATE OF COMPLIANCE AGREEMENT FOR INDUSTRIAL BUSINESS GRANT WITH SPACE EXPLORATION TECHNOLOGIES CORP.
THE STATE OF TEXAS §
COUNTY OF McLENNAN §
Space Exploration Technologies Corp. acting by and through its authorized representative, hereby certifies that the construction and/ or installation of the IMPROVEMENTS, as called for in the above- referenced Agreement, has been completed pursuant to all requirements of said Agreement for the period covered by this certification.
Signed this day of 201_
By:
Name:
Title:
11 MCLENNAN COUNTY, TEXAS INDUSTRIAL BUSINESS GRANT
APPLICATION FOR INDUSTRIAL BUSINESS GRANT (" IBG")
1. Applicant Information.
Name of Firm, Partnership) or Corporation: Space Exploration Technologies Corp.
If partnership, identify all partners: Private corporation
Physical and Mailing Addresses: 1 Rocket Road McGregor, TX 76657
Date and State of Incorporation/ Formation: Attached articles of incorporation.
Telephone No.: 254- 840- 5792 Fax No.: e- mail address: lauren. dreyer @spacex. com
Contact Person and Contact Information: Lauren Dreyer Director, Business Affairs and Compliance 254- 840- 5792 lauren. dreyer @spacex.com
Authorized to do business in the State of Texas? X yes no
In good standing with the State Comptroller? X yes no • Attached certificate of good standing from the State Comptroller.
Delinquent on any property taxes in McLennan County? _ yes X no. Real property tax certifications have been requested and will be provided as soon as they are received. Have you received any prior IBG or tax abatements from McLennan County?_ yes X no
Does any member of the McLennan County Commissioners Court have an ownership interest in your firm or its assets, or an interest in any real property used by your firm? yes X no
Description of product to be manufactured or distributed: SpaceX is a launch services provider that designs, manufacturers, tests and launches its own vehicles.
2. PROJECT DETAILS
Location of project ( street address): 1 Rocket Road McGregor, TX 76657
Legal description of property ( Lot, Block, Subdivision) to be developed. Prop ID Legal Description
135790 LARBELETRIER C Acres 92 12 RUSSELL J Acres 197 , IMPR ONLY- SPACE X CENTRAL OFC 366483 WELD MECH BLDGS Area ' L' NWRIP RUSSELL J Acres 197 0, IMPROVEMENT ONLY- SPACE X DTS 366482 BLDGS Area ' L' NWRIP RUSSELL J Acres 197 , IMPRV ONLY- SPACE X FALCON HEAVY 366503 STAND Area ' L' NWRIP RUSSELL J Acres 197 , IMPROVEMENT ONLY- SPACE X HANGER 352864 1 Area ' L' NWRIP RUSSELL 1 Acres 197 , IMP ONLY- SPACE X HANGER# 2 Area ' L'
NWRIP 366501 RUSSELL J Acres 197 , Leasehold Interst Space Exploration Tech 135921 Area ' L' NWRIP RUSSELL J Acres 197 , IMPRV ONLY- SPACE X WELD SHOP fi L- 366502 1117 Area ' L' NWRIP
NOTE: Additional leased properties may include all or a portion of MCCAD property ID: 135286, 135843, 135845, 135917, 135920, 153619, 314027, 322810
Do you own the premises on which the improvements will be made? The premises are leased from the City of McGregor. Improvements will be owned by SpaceX.
Provide a detailed timeline for the project from the start of construction or installation to physical completion, and to the commencement of operations. Construction will be completed in phases beginning in August 2014 through December 31, 2019. Installation of personal property will be phased throughout construction. Commencement of operations will begin as early as January 1, 2016 and continue through 2019.
3. REAL PROPERTY DETAILS
For real property construction or expansion, what is the current assessed taxable value of the real property on which the new construction or expansion will be located? 5, 179, 460
If there is no assessed taxable value, what is the current market value, or
purchase price?
n/ a
What is the value of the real property to be added?
Buildings
and
Year Improvements
1 2, 500,000
2 11, 000,000 3 8, 000,000 4 6, 400,000
5 4, 500, 000
For real property provide a summary description of the new facility or expansion. Attach drawing to include estimated square footage. Real property improvements and new construction may include: 16,000 sf weld shop, 10, 000 sf refurbishment facility, 8, 000 sf processing facility, 7, 000 sf hangar lean- to, 1, 000 sf building extension, hangar improvements, test stand improvements, component stand improvements, new full and sub
scale test stands and proposed new facilities. Drawings may be provided, as available, at the time permit applications are
made.
What is the proposed depreciation schedule for real property construction or expansion? Real property is based on market valuation.
4. PERSONAL PROPERTY DETAILS
What is the taxable value of the personal property to be added? Furniture,
Fixtures
and
Year Equipment
1 2, 000, 000
2 6, 300, 000
3 1, 900, 000 4 2, 600,000 5 1, 100,000
For personal property provide a detailed list of equipment to be installed, including the cost of each piece of equipment. Attach drawing showing the proposed location of the equipment after installation. Tooling 510,000
Office equipment 1, 100, 000
Tanks 300,000
Propellant Systems 2, 700, 000
Small Site GSE 2, 100, 000
Large Site GSE 300,000
Vehicle Site GSE 90, 000
Crew GSE 2, 200, 000
New/ other GSE 4, 600, 000
Drawings may be provided, as available, at the time permit applications are
made. What is the proposed depreciation schedule for personal property to be installed? Majority of personal property is expected to be on the 12 year MCCAD depreciation schedule: 92% 83% 75% 67% 58% 50%
42% 33% 25% 20%
5. EMPLOYMENT IMPACT
How many new permanent full-time jobs will be created? Up to 300
What is the estimated total annual payroll of these full- time jobs? New payroll is estimated to be an average salary of $60, 000.
How many new permanent part- time jobs will be created? In addition to new, permanent full-time jobs, SpaceX will likely continue internship and contractor positions, however, specific forecasts for these
positions are not available.
What is the estimated total annual payroll of these part- time jobs?
n/ a
Describe the types of jobs to be created and any specialized training required. Technicians Lead or Master Trades Lead Technicians Inspectors Supervisors Quality Specialists Office Management Operators Human Resource Electricians Technical Recruiting Welders IT Systems Admin & Ops CNC Machinists Facilities Security Manager Environmental H& S Sr. Manager Logistics Engineer Buyer Sr. Engineer Scheduler
Any technical and proprietary training required is provided by SpaceX.
How many of the new full-time positions do you expect to fill from McLennan County? It is anticipated that 50% or more of new hires will be filled by existing McLennan County residents and the majority of all hires will reside in McLennan County.
Explain the timeline (with estimated dates) for hiring these employees: August 2014 through December 31, 2019
6. PUBLIC SERVICES
How will the business operations be served for needed public services?
Water: City of McGregor water serves the site. Improvements are being designed.
Wastewater: City of McGregor
Natural Gas: Atmos Energy is located within the McGregor Industrial Park
Electricity: Oncor and Heart of Texas Electric Cooperative serve McGregor Industrial Park
Rail: BNSF is located across Highway 317 from McGregor Industrial Park and does not serve the site, currently.
What improvements will have to be made to existing public services in order to serve your business? SpaceX has made water, road, electric and significant fiber improvements to maintain and upgrade public infrastructure at the site. City of McGregor has also improved water and wastewater systems for the Park, benefiting the site. However, further water 1,
modernization is needed for uninterrupted and improved operations of the expanded
site.
Who will be providing these improvements, and who will pay the cost of the improvements? SpaceX has requested a performance- based grant from Waco- McLennan County EDC to assist in funding water improvements.
Will you be seeking assistance from any local government in McLennan County to cover the cost of these improvements? Yes.
6. EXPECTED BENEFIT TO THE LOCAL ECONOMY.
If you have any information as to the expected overall benefit to the economy of McLennan County of your project, please provide such with your application. To be considered, the estimate must be based on competent supporting information ( such as the documented benefits provided by similar projects in other localities or well-reasoned professional estimates). Project Background: In 2003, SpaceX began a Rocket Development site in the McGregor Industrial Park. The
256- acre site has grown to more than 922 acres. SpaceX, to date, has developed 11 subscale and full- scale test stands, including 2 full- scale, integrated stage test stands and the dual Merlin engine test stand. Employment at McGregor began with a small team of 3 and has grown to over 250 highly skilled technicians, professionals and engineers at an average annual salary nearly double the average wage in the County.
Through 2013, McGregor operated as the sole test and development site for the corporation, supporting all major development initiatives such as conceptual, structural, vehicle and engine testing for Falcon 9, Falcon Heavy, Grasshopper/ Falcon 9R, and NASA crew capability.
In 2013, leases at Stennis Rocket Development Center and Spaceport America expanded
the corporation' s development capacity. Both facilities boast significant assets,
permitted facilities and hundreds of thousands of controlled acres for rocket development.
To provide operational, safety and security required to remain competitive for ongoing corporate development and commercial testing initiatives, an expansion is proposed that would quadruple the McGregor site to approximately 4, 400- acres. This expansion
includes the short- term addition of approximately 40, 000 square feet of new and expanded facilities and advanced machining. If secured, the expansion also provides room to compete for major new development stands and substantial new office and hangar facilities that could be located without test interference.
Economic Input: McLennan County and regional taxing entities will experience net gains in direct property tax and sales tax revenue generated by the increase in property values and significant high- payroll employment growth.
Additionally, according the RIMS ( a nationally- sourced economic model), aerospace jobs such as those projected to be created by SpaceX, boast higher than average multipliers for employment, earnings and regional output. This will drive higher than average indirect earnings and employment growth that generate additional sales tax and property tax revenue due to investment by businesses and individuals impacted by the project. Additionally, more than 25% of the sites taxable purchases are made with McLennan County businesses, multiplying sales tax revenue throughout County and regional cities.
Further, on- site visitors will include contractors and vendors active in construction and installation as well as customers and regulatory agencies involved in new programs. These visitors generate direct and indirect sales tax through purchases with area businesses, travel, and regional hotel/ motel stays.
7. ENVIRONMENTAL IMPACT.
Identify any discharge of emissions/pollutants that will accompany your proposed operations: Any emissions are defined and limited by the permits on file with the Texas Commission on Environmental Quality.
Will your project ( and operation thereof) comply with all environmental laws specifically applicable to your company' s operations? Explain. Yes.
What permits or licenses is your company required to have from any state or federal environmental protection agency for the project proposed in McLennan County? SpaceX obtains permits from the Federal Aviation Administration, Texas Commission on Environmental Quality, and other agencies, as required Up to date lists of permits are available at: http:// www.faa.gov/ about/ office orR/ headquarters offices/ ast/ http:// www. tceq. texas. gov/ permitting/central registry 1 DECLARE THAT 1 AM AUTHORIZED TO SIGN THIS APPLICATION ON BEHALF OF THE APPLICANT AND THAT THE INFORMATION PROVIDED IN THIS APPLICATION IS TRUE AND CORRECT TO THE BEST OF MY PERSONAL KNOWLEDGE AND BELIEF.
APPLICANT:
S?I CC CAPL04, 171oN IECHN, 06) 6.5 Coe P. ( SeACC-X) COMPANY NAME (
BYI a signature]
Lauren A. r printed name]
ITS: Director, Business Affairs and Compliance [ Title]
9/ z-{ Date: i/20l DrA TAX CERTIFICATE
0/
RANDY IL RIGGS, CPA MCLENNAN COUNTY TAX-ASSESSOR COLLECTOR P.O. BOX 406 WACO, TEXAS 76703
Issued To: Legal Description SPACEX RUSSELL 1 ACRES 197., IMPROVEMENT ONLY 1 ROCKET ROAD SPACE X HANGER it AREA' L' NWRIP MCGREGOR, TX 76657
Number: Fiduciary 23315302 Parcel Address: 17000 BEAL RD
Legal Acres: . 0000
Account Number: 34- 074300-001003-0 Print Date: 09/08/2014
Paid Date: 09/08/ 2014 Certificate No: 223152184 Issue Date: 09/08/2014 Certificate Fee: 10.00 Operator ID: MARILYN
TAX CERTIFICATES ARE ISSUED WITH THE MOST CURRENT INFORMATION AVAILABLE. ALL ACCOUNTS ARE SUBJECT TO CHANGE PER SECTION 26.15 OF THE TEXAS PROPERTY TAX CODE. THIS IS TO CERTIFY THAT ALL TAXES DUE ON THE ABOVE DESCRIBED PROPERTY HAVE BEEN EXAMINED, UP TO AND INCLUDING THE YEAR 2013. ALL TAXES ARE PAID IN FULL Exemptions: Certified Owner:
SPACE X COMPANY SPACE EXPLORATION TECHNOLOGIES 1 ROCKET RD HAWTHORNE . CA 90250-6844
Cent) d Tax 2013 Value: 542, 720 COUNTY OF MCLENNAN 3 MCLENNAN COMMUNITY COLLEGE 2013 Levy: 14, 337. 70 34 MCGREGOR ISD 2013 Levy Balance: 0. 00 68 CITY OF MCGREGOR
Prior Year Levy Balance: O00
Total Levy Due: 000
P& I+ Attorney Fee: 0. 00
Total Amount Due: 0.00
Reference( GF) No: N/ A
Issued By: / 11 RANDY H. RIGGS, CPA MCLENNAN COUNTY TAX-ASSESSOR COLLECTOR
delinquent_tnx_ certificatc rdf v1. 78 TAX CERTIFICATE t.
RANDY H. RIGGS, CPA MCLENNAN COUNTY TAX-ASSESSOR COLLECTOR P.O. BOX 406 WACO, TEXAS 76703
Issued To: Legal Description
SPACER 0048 S BANKS SUR, IMPROVEMENT ONLY I ROCKET ROAD MCGREGOR, TX 76657
Fiduciary Number: 23315302 Parcel Address: I ROCKET RD
Legal Acres: . 0000
Account Number: 00-514080-0 Print Date: 09/08n014
Paid Date: 09/08/2014 Certificate No: 22 3152194 Issue Date: 09/08/ 2014 Certificate Fee: 10.00 Operator ID: MARILYN
TAX CERTIFICATES ARE ISSUED WITH THE MOST CURRENT INFORMATION AVAILABLE. ALL ACCOUNTS ARE SUBJECT TO CHANGE PER SECTION 26.15 OF THE TEXAS PROPERTY TAX CODE. THIS IS TO CERTIFY THAT ALL TAXES DUE ON THE ABOVE DESCRIBED PROPERTY HAVE BEEN EXAMINED, UP TO AND INCLUDING THE YEAR 2013. ALL TAXES ARE PAID IN FULL
Exemptions: Certified Owner:
SPACEX 1 ROCKET ROAD MCGREGOR , TX 76657
Certified Tax Unit(s): 2013 Value: 1, 500,000 68 CITY OF MCGREGOR 2013 Levy: 9,000.00
2013 Levy Balance: moo
Prior Year Levy Balance: 0.00
Total Levy Doe: 0.00
P& 1+ Attorney Fee: 0.00
Total Amount Due: 000
Reference( GF) No: N/ A
Issued By: c1 RANDY H. RIGGS, CPA MCLENNAN COUNTY TAX-ASSESSOR COLLECTOR
dcltnquent_tax certificate. rdf v1 78 TAX CERTIFICATE
irik: i
RANDY IL RIGGS, CPA MCLENNAN COUNTY TAX-ASSESSOR COLLECTOR P.O. BOX 406 WACO, TEXAS 76703
Issued To: Legal Description SPACEX RUSSELL 3 ACRES 197.0, IMPROVEMENT 1 ROCKET ROAD ONLY- SPACE X DTS BLDGS AREAL' NWRIP MCGREGOR, TX 76657
Number: Fiduciary 23315302 Parcel Address: 17000 BEAL RD
Legal Acres: . 0000
Account Number: 34-074300-001004-0 Print Date: 09/08/ 2014 Paid Date: 09/08/ 2014 Certificate No: 223152185 Issue Date: 09/08/ 2014 Certificate Fee: 10.00 Operator ID: MARILYN
TAX CERTIFICATES ARE ISSUED WITH THE MOST CURRENT INFORMATION AVAILABLE. ALL ACCOUNTS ARE SUBJECT TO CHANGE PER SECTION 26.15 OF THE TEXAS PROPERTY TAX CODE. THIS IS TO CERTIFY THAT ALL TAXES DUE ON THE ABOVE DESCRIBED PROPERTY HAVE BEEN EXAMINED, UP TO AND INCLUDING THE YEAR 2013. ALL TAXES ARE PAID IN FULL Exemptions: Certified Owner:
SPACE X COMPANY SPACE EXPLORATION TECHNOLOGIES 1 ROCKET RD HAWTHORNE , CA 90250-6844
Certified Tax Unit(s): 2013 Value: 136,520 1 COUNTY OF MCLENNAN 3 MCLENNAN COMMUNITY COLLEGE 2013 Levy: 3, 606.62 34 MCGREGOR! SD 2013 Levy Balance: so oo 68 CITY OF MCGREGOR
Prior Year Levy Balance: 60.00
Total Levy Due: 000
P& I+ Attorney Fee: 0.00
Total Amount Due: 0.00
Reference( GF) No: N/ A
Issued By: 41 RANDY H. RIGGS, CPA MCLENNAN COUNTY TAX-ASSESSOR COLLECTOR
delinquent tax certificate. rdfv1. 78 TAX CERTIFICATE
RANDY H. RIGGS, CPA MCLENNAN COUNTY TAX-ASSESSOR COLLECTOR P.O. BOX 406 WACO, TEXAS 76703
Issued To: Legal Description
SPACEX RUSSELL 3 ACRES 197., IMPR ONLY- SPACE 1 ROCKET ROAD X CENTRAL OFC WELD MECH BLDGS AREAL' MCGREGOR, TX 76657 NWRIP
Fiduciary Number: 23315302 Parcel Address: 17000 BEAL RD
Legal Acres: moo
Account Number: 34-074300-001005-0 Print Date: 09/08a014
Paid Date: 09/08/2014 Certificate No: 223152187 Issue Date: 09/08R0I4 Certificate Fee: 10.00 Operator ID: MARILYN
TAX CERTIFICATES ARE ISSUED WITH THE MOST CURRENT INFORMATION AVAILABLE. ALL ACCOUNTS ARE SUBJECT TO CHANGE PER SECTION 26.15 OF THE TEXAS PROPERTY TAX CODE. THIS IS TO CERTIFY THAT ALL TAXES DUE ON THE ABOVE DESCRIBED PROPERTY HAVE BEEN EXAMINED, UP TO AND INCLUDING THE YEAR 2013. ALL TAXES ARE PAID IN FULL
Exemptions: Certified Owner.
SPACE X COMPANY SPACE EXPLORATION TECHNOLOGIES 1 ROCKET RD HAWTHORNE , CA 90250-6844
Certified Tax Unit(s): 2013 Value: 1, 873, 370 I COUNTY OF MCLENNAN 3 MCLENNAN COMMUNITY COLLEGE 2013 Levy: 49,491. 12 34 MCGREGOR ISD 2013 Levy Balance: 0.00 68 CITY OF MCGREGOR
Prior Year Levy Balance: 0.00
Total Levy Due: 000
P& 1+ Attorney Fee: 0.00
Total Amount Due: 000
Reference( GF) No: N/A
Issued By:- / RANDY H. RIGGS, CPA v MCLENNAN COUNTY TAX-ASSESSOR COLLECTOR
delinquent tax_ cenificate.ndf vl 78 TAX CERTIFICATE
RANDY H. RIGGS, CPA MCLENNAN COUNTY TAX-ASSESSOR COLLECTOR P.O. BOX 406 WACO, TEXAS 76703
Issued To: Legal Description
SPACEX RUSSELL J-ACRES 197., IMPROVEMENT ONLY- 1 ROCKET ROAD SPACE X HANGER 02 AREA' L' NWRIP MCGREGOR, TX 76657
Fiduciary Number: 23315302 Parcel Address: 17000 BEAL RD
Legal Acres: . 0000
Account Number: 34- 074300-001006-0 print Date: 09ro8a014
Paid Date: 09/08/ 2014 Certificate No: 223152188 Issue Date: 09/08/ 2014 Certificate Fee: 10.00 Operator ID: MARILYN
TAX CERTIFICATES ARE ISSUED WITH THE MOST CURRENT INFORMATION AVAILABLE. ALL ACCOUNTS ARE SUBJECT TO CHANGE PER SECTION 26.15 OF THE TEXAS PROPERTY TAX CODE. THIS IS TO CERTIFY THAT ALL TAXES DUE ON THE ABOVE DESCRIBED PROPERTY HAVE BEEN EXAMINED, UP TO AND INCLUDING THE YEAR 2013. ALL TAXES ARE PAID IN FULL
Exemptions: Certified Owner:
SPACE X COMPANY SPACE EXPLORATION TECHNOLOGIES I ROCKET RD HAWTHORNE , CA 90250- 6844
Certified Tax Un s). 2013 Value: 1, 540,200 I COUNTY OF MCLENNAN 3 MCLENNAN COMMUNITY COLLEGE 2013 Levy: 40.689.36 34 MCGREGOR ISD 2013 Levy Balance: 0.00 68 CITY OF MCGREGOR
Prior Year Levy Balance: 0.00
Total Levy Due: 0.00
P& I+ Attorney Fee: 0.00
Total Amount Due: 50.00
Reference( GF) No: N/ A Issued By:M/ 11.4. RANDY H. RIGGS, CPA MCLENNAN COUNTY TAX-ASSESSOR COLLECTOR
delinquent_tax_certifcate rdf v1. 78 TAX CERTIFICATE
RANDY IL RIGGS, CPA MCLENNAN COUNTY TAX-ASSESSOR COLLECTOR P.O. BOX 406 WACO, TEXAS 76703
Issued To: Legal Description SPACEX RUSSELL. 1 ACRES 197., IMPRV ONLY- SPACE I ROCKET ROAD X WELD SHOP it L- I 117 AREAL' NWRIP MCGREGOR, TX 76657
Number: Fiduciary 23315302 Parcel Address: 17000 BEAL RD
Legal Acres: . 0000
Account Number: 34-074300-001007-0 Print Date: 09/ 08/ 2014
Paid Date: 09/08/ 2014 Certificate No: 223152189 Issue Date: 09/08/2014 Certificate Fee: S10.00 Operator ID: MARILYN
TAX CERTIFICATES ARE ISSUED WITH THE MOST CURRENT INFORMATION AVAILABLE. ALL ACCOUNTS ARE SUBJECT TO CHANGE PER SECTION 26.15 OF THE TEXAS PROPERTY TAX CODE. THIS IS TO CERTIFY THAT ALL TAXES DUE ON THE ABOVE DESCRIBED PROPERTY HAVE BEEN EXAMINED, UP TO AND INCLUDING THE YEAR 2013. ALL TAXES ARE PAID IN FULL Exemptions: Certified Owner:
SPACE X COMPANY SPACE EXPLORATION TECHNOLOGIES 1 ROCKET RD HAWTHORNE , CA 90250-6844
Certified Tax Unit(s): 2013 Value: 107, 790 1 COUNTY OF MCLENNAN 3 MCLENNAN COMMUNITY COLLEGE 2013 Levy:Y 52, 847. 61 34 MCGREGOR ISD 2013 Levy Balance: 50.00 68 CITY OF MCGREGOR
Prior Year Levy Balance: 0. 00
Total Levy Due: 0.00
P& 1+ Attorney Fee: 0.00
Total' Amount Due: 000
Reference( GF) No: N/ A
Issued By. 11 RANDY H. RIGGS, CPA MCLENNAN COUNTY TAX-ASSESSOR COLLECTOR
delinquent tax_ eertificate. rdfvl78 TAX CERTIFICATE
RANDY H. RIGGS, CPA MCLENNAN COUNTY TAX-ASSESSOR COLLECTOR P.O. BOX 406 WACO, TEXAS 76703
Issued To: Legal Description
SPACEX RUSSELL. 1 ACRES 197., IMPRV ONLY- SPACE 1 ROCKET ROAD X FALCON HEAVY STAND AREA 1.' NWRIP MCGREGOR, TX 76657
Fiduciary Number: 23315302 Parcel Address: 17000 BEAL RD
Legal Acres: . 0000
Account Number: 34-074300-001008-0 print Date: 09/08n014 Paid Date: 09/08/ 2014 Certificate No: 223152190 Issue Date: 09/08/ 2014 Certificate Fee: 10.00 Operator ID: MARILYN
TAX CERTIFICATES ARE ISSUED WITH THE MOST CURRENT INFORMATION AVAILABLE. ALL ACCOUNTS ARE SUBJECT TO CHANGE PER SECTION 26.15 OF THE TEXAS PROPERTY TAX CODE. THIS IS TO CERTIFY THAT ALL TAXES DUE ON THE ABOVE DESCRIBED PROPERTY HAVE BEEN EXAMINED, UP TO AND INCLUDING THE YEAR 2013. ALL TAXES ARE PAID IN FULL Exemptions: Certified Owner:
SPACE X COMPANY SPACE EXPLORATION TECHNOLOGIES 1 ROCKET RD HAWTHORNE , CA 90250-6844
Certifiedl 2013 Value: 703,490 pl COUNTY OF MCLENNAN 3 MCLENNAN COMMUNITY COLLEGE 2013 Levy: 18, 584% 34 MCGREGOR ISD 2013 Levy Balance: 0,00 68 CITY OF MCGREGOR
Prior Year Levy Balance: 0.00
Total Levy Due: 0.00
P& 1+ Attorney Fee: 80.00
Total Amount Due: 5000
Reference( GF) No: N/ A
Issued By: RANDY H. RIGGS, CPA MCLENNAN COUNTY TAX-ASSESSOR COLLECTOR
delinquent_ tax_ cenificate rdf v1. 78 TAX CERTIFICATE
RANDY,H. RIGGS, CPA MCLENNAN COUNTY TAX-ASSESSOR COLLECTOR P.O. BOX 406 WACO, TEXAS 76703
Issued To: Legal Description
SPACER FFE, MACH, EQLR, LHIM I ROCKET ROAD MCGREGOR, TX 76657
Number: Fiduciary 23313302 Parcel Address: 17000 BEAL RD
Legal Acres: . noon
Account Number: 34S13714-0 Print Date: 09/08/2014 Paid Date: 09/08/ 2014 Certificate No: 223152192 Issue Date: 09/08/ 2014 Certificate Fee: 1000 Operator ID: MARILYN
TAX CERTIFICATES ARE ISSUED WITH THE MOST CURRENT INFORMATION AVAILABLE. ALL ACCOUNTS ARE SUBJECT TO CHANGE PER SECTION 26.15 OF THE TEXAS PROPERTY TAX CODE. THIS IS TO CERTIFY THAT ALL TAXES DUE ON THE ABOVE DESCRIBED PROPERTY HAVE BEEN EXAMINED, UP TO AND INCLUDING THE YEAR 2013. ALL TAXES ARE PAID IN FULL Exemptions: Certified Owner:
SPACE X COMPANY SPACE EXPLORATION TECHNOLOGIES I. ROCKET RD HAWTHORNE , CA 90250-6844
Certified Tax Unit(s): 2013 Value: 5, 463, 140 1 COUNTY OF MCLENNAN 3 MCLENNAN COMMUNITY COLLEGE 2013 Levy: SI44,326. 50 34 MCGREGOR ISD 2013 Levy Balance: 50.00 68 CITY OF MCGREGOR
Prior Year Levy Balance: 0.00
Total Levy Due: 50.00
P& 1+ Attorney Fee: 0.00
Total Amount Due: SO 00
Reference( GF) No: N/ A
Issued By: 11` j';`'a / RANDY H. RIGGS, CPA MCLENNAN COUNTY TAX-ASSESSOR COLLECTOR
delmquent_ tax_ cenificau rdf v1. 78 TAX CERTIFICATE
m
bf
RANDY H. RIGGS, CPA MCLENNAN COUNTY TAX-ASSESSOR COLLECTOR P.O. BOX 406 WACO, TEXAS 76703
Issued To: Legal Description SPACER BUSINESS PERSONAL PROPERTY I ROCKET ROAD MCGREGOR, TX 76657
Number: Fiduciary 23315302 Parcel Address: I ROCKET RD
Legal Acres: . 0000
Account Number: 18- 151550-5 Print Date: 09/08/ 2014 Paid Date: 09/08/2014 Certificate No: 223152195 Issue Date: 09/08/2014 Certificate Fee: 10.00 Operator ID: MARILYN
TAX CERTIFICATES ARE ISSUED WITH THE MOST CURRENT INFORMATION AVAILABLE. ALL ACCOUNTS ARE SUBJECT TO CHANGE PER SECTION 26.15 OF THE TEXAS PROPERTY TAX CODE. THIS IS TO CERTIFY THAT ALL TAXES DUE ON THE ABOVE DESCRIBED PROPERTY HAVE BEEN EXAMINED, UP TO AND INCLUDING THE YEAR 2013. ALL TAXES ARE PAID IN FULL Exemptions: Certified Owner:
SPACEX 1 ROCKET ROAD MCGREGOR , TX 76657
Certified Tax Unit(s): 2013 Value: 0 68 CITY OF MCGREGOR
2013 Levy: So. 00
2013 Levy Balance: 50.00
Prior Year Levy Balance: 0.00
Total Levy Due: 0.00
P& I+ Attorney Fee: SO 00
Total Amount Due: SO 00
Reference( GF) No: N/A
Issued Bytqln
RANDY H. RIGGS, CPA MCLENNAN COUNTY TAX- ASSESSOR COLLECTOR
delinquent tax_cenificate. rdfvl 78 De(aware PAGE 1 lte first State
I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY " SPACE EXPLORATION TECHNOLOGIES
CORP. " IS DULY INCORPORATED UNDER THE LAWS OF THE STATE OF
DELAWARE AND IS IN GOOD STANDING AND HAS A LEGAL CORPORATE
EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF THE
TWENTY—EIGHTH DAY OF NAY, A. D. 2013.
aPtc erfrey w Bullock Seaeary of Sate 3500808 8300 '', ALIT ION: 0463523
130665641 w DATE: 05- 28- 13 You lsa verity this certificate online et oosj. dslswrs. gov/ euthver. shto1 PPAGE 1
re First State
I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
LANARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
COPY OF THE RESTATED CERTIFICATE OF " SPACE EXPLORATION
TECHNOLOGIES CORP. ", FILED IN THIS OFFICE ON THE TWENTY—SEVENTH
DAY OF MARCH, A. D. 2012, AT 2: 22 O' CLOCK P. M.
E Jeffrey W. Bullock. Secretary of State 3500808 8100 ;)_ ,r ; R• AUT ION: 9838049
121017830 4'titwke" DATE: 09- 11- 12 You may verify this certificate online at corp. delavare. gov/ authver. ehtml 1Stat:e of Delaware of Corporati os Dalivered 02: 22 P1 03/ 27/ 2012 ITEM 02: 22 al 03/ 27/ 2012 SSW 120360253 - 3500808 FILE AMENDED AND RESTATED CERTIFICATE OF INCORPORATION
OF
SPACE EXPLORATION TECHNOLOGIES CORP.
The undersigned, Elon Musk, hereby certifies that:
I. The undersigned is the duly elected Chief Executive Officer of Space Exploration Technologies Corp., a Delaware corporation.
2. The Certificate of Incorporation of this corporation was originally filed with the Secretary of State ofDelaware on March 14, 2002.
3. The Certificate of Incorporation of this corporation shall be amended and restated to read in full as follows:
ARTICLE L
The name of this corporation is Space Exploration Technologies Corp. ( the Corp,tion")
ARTICLE IL
The address of the Corporation' s registered office in the State of Delaware is 2711 Centerville Road, Suite 400, Wilmington, County of New Castle. The name of its registered agent at such address is Corporation Service Company.
ARTICLE 171.
The purpose of the Corporation is to engage in any lawful act or activity for which corporations may be organized under the General Corporation Law ofDelaware.
ARTICLE IV
A) Classes of Stock. The Corporation is authorized to issue four classes of stock to Common Stock," " Class C be designated, respectively, " Class A Common Stock," " Class B Common Stock" and " Preferred Stock." The total number of shares which the Corporation is authorized to issue is four hundred seventy-six million seven hundred fifty thousand 476,750,000) shares, each with a par value of $0.001 per share. One hundred seventy-five million ( 175,000,000) shares shall be Class A Common Stock, one hundred fifty million 150,000,000) shares shall be Class B Common Stock, fifty million( 50,000,000) shares shall be Class C Common Stock and one hundred and one million seven hundred fifty thousand 101, 750,000) shares shall be Preferred Stock. As used in this Amended and Restated Certificate of Incorporation, " Common Stock" shall refer collectively to the Class A Common Stock, the Class B Common Stock and the Class C Common Stock, each as applicable.
1 Wy Upon the acceptance of this Amended and Restated Certificate of Incorporation for filing with the Secretary of State of the State of Delaware ( the " Pffec~ive Time"), each share of Common Stock of the Company outstanding immediately prior to the Effective Time shall, without any further action by any stockholder, be redesignated as, and shall become, one share of Class B Common Stock. Any stock certificate that immediately prior to the Effective Time represented shares of the Corporation' s Common Stock shall from and after the Effective Time be doomed to represent shares of Class B Common Stock, without the need for surrender or exchange thereof
B) Rights. Preferences and Restrictions of Preferred Stock. The Preferred Stock authorized by this Amended and Restated Certificate of Incorporation may be issued from time to time in one or more series. Of the authorized Preferred Stock, sixty-one million( 61, 000,000) shares shall be designated " Sevier A Preferred Stock", five million five hundred thousand 5,500,000) shares shall be designated " Series B Preferred Stock", ten million five hundred thousand( 10,500,000) shares shall be designated" Series CPreferred Stock", seven million five hundred thousand( 7,500,000) shares shall be designated" Series D Preferred Stock", ten million five hundred thousand( 10,500,000) shares shall be designated" Series E Preferred Stock", and six million seven hundred fifty thousand ( 6,750,000) shares shall be designated " Series F Preferred Stock" ( individually and collectively, the Series A Preferred Stock, the Series B Preferred Stock, the Series C Preferred Stock, the Series D Preferred Stock, the Series E Preferred Stock, and the Series F Preferred Stock are referred to as the " Series Preferred Stock"). The rights, preferences, privileges, and restrictions granted to and imposed on the Series Preferred Stock are as set forth below in this Article 1V(B). Any shares of Preferred Stock that may be redeemed, purchased or acquired by the Corporation may be reissued except as otherwise provided by law or by the terms ofany series ofPreferred Stock.
1. Dividend Provisions. Subject to the rights of series of Preferred Stock which may from time to time come into existence, the holders ofshares ofSeries Preferred Stock shall be entitled to receive dividends, out of any assets legally available therefor, prior and in preference to any declaration or payment of any dividend ( payable other than in a class of Common Stock or other securities and rights convertible into or entitling the holder thereof to receive, directly or indirectly, additional shares ofa class of Common Stock of the Corporation) on any class ofCommon Stock ofthe Corporation, at the following rates:
a) Holders of shares of Series A Preferred Stock shall be entitled to receive$ 0.05 per share( as adjusted for stock splits, stock dividends, reclassification and the like) per annum on each outstanding share of Series A Preferred Stock.
b) Holders of shares of Series B Preferred Stock shall be entitled to receive$ 0.10 per share( as adjusted for stock splits, stock dividends, reclassification and the like) per annum on each outstanding share of Series B Preferred Stuck.
c) Holders of shares of Series C Preferred Stock shall be entitled to receive$ 0.15 per share( as adjusted for stock splits, stock dividends, reclassification and the like) per annum on each outstanding share of Series C Preferred Stock.
2 4) Holders of shares of Series D Preferred Stock shall be entitled to receive $0.194 per share ( as adjusted for stock splits, stock dividends, reclassification and the like) per annum on each outstanding share of Series D Preferred Stock.
e) Holders of shares of Series E Preferred Stock shall be entitled to receive $ 0.225 per share ( as adjusted for stock splits, stock dividends, reclassification and the like) per annum on each outstanding share of Series E Preferred Stock.
f) Holders of shares of Series F Preferred Stock shall be entitled to receive $ 0.375 per share ( as adjusted for stock splits, stock dividends, reclassification and the like) per annum on each outstanding share of Series F Preferred Stock. Any such dividends shall be payable when, as and ifdeclared by the Board of Directors. ' Such dividends shall not be cumulative. Subject to the rights of series of Preferred Stock that may from time to time come into existence, any dividends paid to the holders ofshares of Series Preferred Stock shall be paid pro rata, on an equal priority, pari passu basis ( according to the aggregate amount of all declared and unpaid dividends on all Series Preferred Stock) in accordance with the provisions set forth in this Article IV(B) l.
2. Madamon.•
a) Preference.
i) Series E and F Preferred Stock. In the event of any liquidation, dissolution or winding up of the Corporation, either voluntary or involuntary, subject to the rights of series of Preferred Stock that may from time to time come into existence and prior and in preference to any distribution of any of the assets of the Corporation to the holders of the Series A Preferred Stock, the Series B Preferred Stock, the Series C Preferred Stock, the Series D Preferred Stock, or any class of Common Stock by reason of their ownership thereof: y) the holders of the Series E Preferred Stock by reason of their ownership thereof shall be entitled to receive an amount per share equal to $4.50 per share( as adjusted for stock splits, stock dividends, reclassification and the like) for each share of Series E Preferred Stock then held by them, plus declared but unpaid dividends ( the " Series E Preferred Stock Liquidation Prea ence'); and( z) the holders of the Series F Preferred Stock by reason of their ownership greater of( thereof shall be entitled to receive an amount per share equal to the A)$7.50 per share as adjusted for stock splits, stock dividends, reclassification and the like) for each share of Series F Preferred Stock then held by than, plus declared but unpaid dividends and ( B) the amount to which such holders would be entitled to receive upon such liquidation, dissolution or winding up ofthe Corporation( including, without limitation, any such deemed liquidation events as provided in Section 2( c)(i)) if all outstanding shares of Series F Preferred Stock were converted into shares of Class B Common Stock and all outstanding shares of Class C Common Stock were converted into Class A Common Stock, in each case, immediately prior to such liquidation, dissolution or winding up ofthe Corporation. It upon the occurrence of such event, the assets and funds thus distributed among the holders ofthe Series E and F Preferred Stock by reason of their ownership thereof shall be insufficient to permit the payment to such holders of the full aforesaid preferential amounts, then, subject to the rights ofseries ofPreferred Stock that may from time to time come into existence, the entire assets and funds ofthe Corporation legally
3 available for distribution shall be distributed among the holders of the Series E and F Preferred Stock ratably, on an equal priority, pad passu basis, in proportion to the preferential amount each such holder is otherwise entitled to receive.
ii) Series D Preferred Stock. In the event of any liquidation, dissolution or winding up of the Corporation, either voluntary or involuntary, subject to the rights of series of Preferred Stock that may from time to time come into existence, after full payment of the Series E and F Preferred Stock liquidation preference described in Section 2(a)(i) above, and prior and in preference to any distribution of any of the assets of the Corporation to the holders of the Series A Preferred Stock, the Series B Preferred Stock, the Series C Preferred Stock or any class of Common Stock by reason of their ownership thereof, the holders of the Series D Preferred Stock by reason of their ownership thereof shall be entitled to receive an amount per share equal to the greater of( A) $7.76 per share( as adjusted for stock splits, stock dividends, reclassification and the like) for each share of Series D Preferred Stock then held by them, plus declared but unpaid dividends and ( B) the amount to which such holders would be entitled to receive upon such liquidation, dissolution or winding up of the Corporation including, without limitation, any such deemed liquidation events as provided in Section 2(c)(i)) if all outstanding shares of Series D Preferred Stock were converted into shares of Class B Common Stock and all outstanding shahs ofClass C Common Stock were converted into Class A Common Stock, in each case, immediately prior to such liquidation, dissolution or winding up of the Corporation. It; upon the occurrence of such event, the assets and funds thus distributed among the holders ofthe Series D Preferred Stock by reason of their ownership thereof shall be insufficient to permit the payment to such holders ofthe full aforesaid preferential amounts, then, subject to the rights ofseries of Preferred Stock that may from time to time come into existence, the entire assets and funds of the Corporation legally available for distribution shall be distributed among the holders of the Series D Preferred Stock ratably, on an equal priority, parr passu basis, in proportion to the preferential amount each such holder is otherwise entitled to receive.
iii) Series A. B and C Preferred Stock. In the event of any liquidation, dissolution or winding up of the Corporation, either voluntary or involuntary, subject to the rights ofseries ofPreferred Stock that may from time to time come into existence and after full payment of the Series B and F Preferred Stock liquidation preference described in Section 2(a)( i) above and the Series D Preferred Stock liquidation preference described in Section 2(a)( ii) above, prior and in preference to any distribution of any of the assets of the Corporation to the holders of any class of Common Stock by reason of their ownership thereof, (x) the holders of the Series A Preferred Stock by reason of their ownership thereof shall be entitled to receive an amount per share equal to the greater of( A) $1. 00 per share ( as adjusted for stock splits, stock dividends, reclassification and the like) for each share of Series A Preferred Stock then held by them, plus declared but unpaid dividends and( B) the amount to which such holders would be entitled to receive upon such liquidation, dissolution or winding up of the Corporation including, without limitation, any such deemed liquidation events as provided in Section 2(cxi)) if all outstanding shares of Series A Preferred Stock were converted into shares of Class B Common Stock and all outstanding shares ofClass C Common Stock were converted into Class A Common Stock, in cach case, immediately prior to such liquidation, dissolution or winding up of the Corporation, (y) the holders ofthe Series B Preferred Stock by reason of their ownership greater of( 2.00 per share thereof shall be entitled to receive an amount per share equal to the A)$
4 as adjusted for stock splits, stock dividends, reclassification and the like) for each share of Series B Preferred Stock then held by them, plus declared but unpaid dividends and ( B) the amount to which such holders would be entitled to receive upon such liquidation, dissolution or winding up ofthe Corporation( including, without limitation, any such deemed liquidation events as provided in Section 2(cXi)) if all outstanding shares of Series B Preferred Stock were converted into shares of Class B Common Stock and all outstanding shares of Class C Common Stock were converted into Class A Common Stock, in each case, immediately prior to such liquidation, dissolution or winding up of the Corporation, and ( z) the holders of the Series C Preferred Stock by reason of their ownership thereof shall be entitled to receive an amount per share equal to the greater of( A) $3.00 per share ( as adjusted for stock splits, stock dividends, reclassification and the like) for each share of Series C Preferred Stock then held by them, plus declared but unpaid dividends and (B) the amount to which such holders would be entitled to receive upon such liquidation, dissolution or winding up of the Corporation (including, without as provided in Section 2(cXi)) limitation, any such deemed liquidation events if all outstanding shares of Series C Preferred Stock were converted into shares of Class B Common Stock and all outstanding shares of Class C Common Stock were converted into Class A Common Stock, in each case, immediately prior to such liquidation, dissolution or winding up of the Corporation. lf,upon the oc cu rence.of such event, the assets and funds thus distributed among the holders of the Series A Preferred Stock, the Series B Preferred Stock and the Series C Preferred Stock by reason of their ownership thereof shall be insufficient to permit the payment to such holders of the full aforesaid preferential amounts, then, subject to the rights of series ofPreferred Stock that may from time to time come into existence, the entire assets and funds ofthe Corporation legally available for distribution shall be distributed among the holders of the Series A Preferred Stock, the Series B Preferred Stock and the Series C Preferred Stock ratably, on an equal priority, pan passu basis, in proportion to the preferential amount each such holder is otherwise entitled to receive.
b) Remainina Asset'. Upon the completion of the distributions required by Section 2(a) above and any other distribution that may be required with respect to series of Preferred Stock that may from time to time come into existence, if assets remain in the Corporation, the holders of the Series E Preferred Stock shall receive, prior and in preference to any distribution of any of the assets of the Corporation to the holders of any class of Common Stock by reason oftheir ownership thereof, an additional distribution of such assets( the" Series E Partic patron Amount) equal to the Series E Participation Percentage multiplied by the E Participation Percentage" shall equal the amount of such remaining assets. " Series proportion of the total number of outstanding shares of any class of Common Stock represented by the outstanding shares of Series E Preferred Stock, with the shares ofSeries E Preferred Stock being treated for this purpose as if they had been converted to shares of Class B Common Stock at the then applicable Conversion Rate.
c) Certirin Acouisitions.
i) Deemed Linuidatioq. Without the consent of the holders of a majority of the Preferred Stock, the Corporation shall not (A) sell, convey, or otherwise dispose of all or substantially all of its property or business (determined on a consolidated basis with all of the Corporation' s Subsidiaries),( B) merge with or into or consolidate with any other corporation, limited liability company or other entity( other than a merger with a wholly-owned
S subsidiary corporation in which the Corporation is the surviving corporation, the terms of the Series Preferred Stock are not changed and the Series Preferred Stock is not exchanged for other securities, cash or other property) or ( C) effect any other transaction or series of related transactions in which more than fifty percent ( 50%) of the voting power of the Corporation is disposed oti unless the holders of Preferred Stock receive in connection therewith consideration in an amount equal to the amount they would receive pursuant to Section 2(a) if such event constituted a liquidation of the Corporation; provided however, that, subject to the rights of series ofPreferred Stock that may from time to time come into existence, (x) without the consent of the holders of at least two-thirds (?l3) of the then outstanding shares of Series F Preferred Stock, the holders of the Series F Preferred Stock by reason of their ownership thereof shall not receive consideration in connection with such event in an amount less than the amount they would receive pursuant to Section 2(a) if such event constituted a liquidation of the Corporation, y) without the consent of the holders of a majority of the then outstanding shares of Series E Preferred Stock, the holders ofthe Series E Preferred Stock by reason oftheir ownership thereof shall not receive consideration in connection with such event in an amount less than the amount they would receive pursuant to Section 2(a) if such event constituted a liquidation of the Corporation, and ( z) without the consent of the holders of a majority of the then outstanding shares of Series D Preferred Stock, the holders ofthe Series D Preferred Stock by reason of their ownership thereof shall not receive consideration in connection with such event in an amount less than the amount they would receive pursuant to Section 2(a) if such event constituted a liquidation of the Corporation; provided further, that this Section 2(c)(i) shall not apply to ( i) a merger effected exclusively for the purpose of changing the domicile of the Corporation, (ii) an equity financing in which the Corporation is the surviving corporation, or( iii) a transaction in which the stockholders of the Corporation immediately prior to the transaction continue to own the transaction. For 50% or more of the voting power of the surviving corporation following purposes of this Amended and Restated Certificate of Incorporation, " Subsidiary' shall mean with respect to the Corporation, any corporation, limited liability company, partnership, association or other business entity of which (i) if a corporation, a majority of the total voting power ofshares ofstock entitled( without regard to the occurrence of any contingency) to vote in the election ofdirectors, managers or trustees thereof is at the time owned or controlled, directly or indirectly, by the Corporation or one or more other Subsidiaries or a combination thereof or ii) if a limited liability company, partnership, association or other business entity, a majority of the partnership or other similar ownership interest thereof is at the time owned or controlled, directly or indirectly, by the Corporation or one or more other Subsidiaries or a combination thereof.
ii) Valuation of Consideration. In the event of a deemed liquidation as described in Section 2(c)(i) above, ifthe consideration received by the Corporation is other than cash, its value will be deemed its fair market value. Any securities shall be valued as follows:
A) Securities not subject to investment letter or other similar restrictions on free marketability;
1) If traded on a securities exchange, the value shall be deemed to be the average of the closing prices of the securities on such exchange over the thirty-dayperiod ending three( 3) days prior to the closing;
6 2) If actively traded over-the-counter, the value shall be deemed to be the average of the closing bid or sale prices( whichever is applicable) over the thirty-day period ending three( 3) days prior to the closing; and
3) If there is no active public market, the value shall be the fair market value thereof, as mutually determined by the Board of Directors of the Corporation and the holders of at least a majority of the voting power of all then outstanding shares ofPreferred Stock.
B) The method of valuation of securities subject to investment letter or other restrictions on free marketability( other than restrictions arising solely by virtue of a stockholder' s status as an affiliate or fonner affiliate) shall be to make an appropriate discount from the market value determined as above in Section 2(cXiiXA) to reflect the approximate fair market value thereof, as mutually determined by the Corporation and the holders of at least a majority of the voting power of all then outstanding shares of Preferred Stock.
iii) pgtLce of Transaction. The Corporation shall give each holder of record of Preferred Stock written notice of such impending transaction not later than ten( 10) days prior to the stockholders' meeting called to approve such transaction, or ten( 10) days prior to the closing of such transaction, whichever is earlier, and shall also notify such holders in writing of the final approval of such transaction. The first of such notices shall describe the material terms and conditions ofthe impending transaction and the provisions ofthis Section 2, and the Corporation shall thereafter give such holders prompt notice of any material changes. The transaction shall in no event take place sooner than ten ( 10) days after the Corporation' has given the first notice provided for herein or sooner than ten ( 10) days after the Corporation has given notice of any material changes provided for herein; provided, however. that such periods may be shortened upon the written consent of the holders of Preferred Stock that are entitled to such notice rights or similar notice rights and that represent at least a majority of the voting power ofall then outstanding shares ofsuch Preferred Stock.
iv) Pled Noncomuliance. In the event the requirements of this Section 2(c) are not complied with, the Corporation shall forthwith either cause the closing of the transaction to be postponed until such requirements have been complied with, or cancel such transaction, in which event the rights, preferences and privileges ofthe holders of Preferred Stock shall revert to and be the same as such rights, preferences and privileges existing immediately prior to the date ofthe first notice referred to in Section 2(eXiii) hereof
3. Redemption.
a) General Restriction. The Preferred Stock( other than the Series E Preferred Stock) is not redeemable.
b) Series E Preferred Stock.
i) At any time, and from time to time, on or after March 18, 2014, upon the written election of the holders of at least twenty percent ( 20%) of the then outstanding Series E Preferred Stock ( the " Redemption Election"), the Corporation shall
7 redeem, out of funds legally available therefor, all (but not less than all, except to the extent provided below) outstanding shares of Series E Preferred Stock of such holders. The Corporation shall redeem the shares of Series E Preferred Stock on the forty-fifth (45th) day following receipt of such written election( the date ofsuch redemption, the" Redemption Date") by paying in cash an amount per share equal to the greater of( i) 200% of the Series E Preferred Stock Liquidation Preference, or (ii) the Fair Market Value ( as defined below) of a share of Series E Preferred Stock( the" Redemption Price').
ii) " Pair Market Value" for purposes of a redemption pursuant to subsection( i) ofthis Section 3(b), is( y) the amount agreed upon in good faith by the Board of Directors of the Corporation and the representative of the holders participating in such redemption( the" Representative"), not less than thirty (30) days prior to the Redemption Date for such redemption, or ( z) if such agreement is not reached, the amount determined by an independent appraiser( the" Appraiser) selected by the Corporation and the Representative not less than twenty-five( 25) days prior to such Redemption Date. The" Representative" shall be a holder participating in such redemption selected by the holders of a majority-in-interest of the shares to be redeemed in such redemption. The Corporation and the Representative or the Appraiser, as applicable, shall take into account, in determining the Fair Market Value, all relevant facts and circumstances;=' g,bowever, that there shall be no discount to reflect the fact that the shares represent a minority intemst in the Corporation or that the shares are not freely tradable,
iii) Within five ( 5) days of determination of the Fair Market Value in connection with a Redemption Election, the Corporation shall provide each holder of record ( at the close of business on the business day next preceding the day on which notice is given) of the Series E Preferred Stock ( other than the holders that provided the Redemption Election, Election), with a notice notifying such holder of ( i) the Redemption and the Redemption Date, the Redemption Price and the number of shares subject to the Redemption Election, and( ii) such holder's tight to participate in the redemption pursuant to the Redemption Election( the" Redemption Notification"). Each such holder shall have the right, during the tea 10) day period commencing on the date of the Redemption Notification, to elect by written notice to the Corporation to require the Corporation to redeem, out of finds legally available therefore, all ( but not less than all, except to the extent provided below) outstanding shares of Series E Preferred Stock of such holder, as part of the redemption pursuant to the Redemption Election.
iv) At least ten( 10) days prior to the Redemption Date, notice shall be provided to each holder of record ( at the close of business on the business day next preceding the day on which notice is given) of the Series E Preferred Stock to be redeemed pursuant to the Redemption Election, including holders participating in the redemption pursuant to Section 3( b)(rii), at the address last shown on the records of the Corporation for such holder, notifying such holder of the redemption to be effected, specifying the number of shares to be redeemed from such holder, the Redemption Date, the Redemption Price and the place at which payment may be obtained and calling upon such holder to surrender to the Corporation, in the manner and at the place designated, such holder' s certificate or certificates representing the shares to be redeemed ( the" Redemption Notice"). Except as provided herein, on or after the Redemption Date, each holder of Series E Preferred Stock to be redeemed shall surrender to the
8 Corporation the certificate or certificates representing such shares, in the manner and at the place designated in the Redemption Notice, and thereupon the Redemption Price of such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be cancelled. If less than all the shares represented by any such certificate are redeemed, a new certificate shall be issued representing the unredeemed shares.
v) From and after the applicable Redemption Date, unless there has been a default in payment of the Redemption Price, all rights ofthe holders of shares of Series E Preferred Stock designated for redemption in the Redemption Notice( except the right to receive the Redemption Price without interest upon surrender of their certificate or certificates) shall cease with respect to the shares designated for redemption on such date, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoever. If the funds of the Corporation legally available for redemption of shares of Series E Preferred Stock on any Redemption Date are insufficient to redeem the total number ofshares of Series E Preferred Stock to be redeemed on such date, those funds which are legally available will be used to redeem the maximum possible number of such shares ratably among the holders of such shares to be redeemed based upon their holdings of Series E Preferred Stock. The shares of Series E Preferred Stock not redeemed shall remain outstanding and entitled to all the rights and preferences provided herein. At any tier thereafter when additional funds of the Corporation we legally available for the redemption of shares of Series E Preferred Stock, such funds will immediately be used to redeem the balance of the shares which the Corporation has become obliged to redeem on any Redemption Date, but which it has not redeemed.
4. Conversion. The holders of Preferred Stock shall have conversion rights as follows( the" Conversion Right?');
a) Right to Convert. Subject to and in compliance with the provisions of this Section 4, any shares of Preferred Stock may, at the option of the holder, be converted at any time into fully-paid and nonassessable shares of Class B Common Stock. The number of shares of Class B Common Stock to which a holder of Preferred Stock shall be entitled upon conversion shall be the product obtained by multiplying the Conversion Rate( as defined below) that is applicable to each scrims of Preferred Stock that is then in effect by the number of shares of the applicable series ofPreferred Stock being so converted. The conversion rate in effect at any time for conversion of any series of the Preferred Stock (as used herein, the Conversion Rate") shall be the quotient obtained by dividing the Initial Price ( as defined below) of the applicable series of Preferred Stock being converted by the Conversion Price( as defined below and subject to the adjustments descn'bed below) in effect on the date of such conversion that is applicable to such series ofPreferred Stock being converted. The Initial Price and Conversion Price per share for each series of Series Preferred Stock shall initially be as follows: (i) an Initial Price of$ 1. 00 per share and an initial Conversion Price of$1. 00 per share for the Series A Preferred Stock,( ii) an Initial Price of$2.00 per share and an initial Conversion Price of$2.00 per share for the Series B Preferred Stock, (iii) an Initial Price of$3.00 per share and an initial Conversion Price of$3. 00 per share for the Series C Preferred Stock,( iv) an Initial Price of$ 3. 88 per share and an initial Conversion Price of$ 3.88 per share for the Series D Preferred Stock, (v) an Initial Price of$4.50 per share and an initial Conversion Price of$4.50
9 per share for the Series E Preferred Stock, and ( vi) an Initial Price of S7.50 per share and an initial Conversion Price of $7.50 per share for the Series F Preferred Stock. The initial Conversion Price of each series of Preferred Stock shall be subject to any adjustments pursuant to the terra ofSection 4(d) below.
b) Automatic Conversion.
i) Election of Holders of Preferred. Each share of Preferred Stock( other than Series B Preferred Stock) shall automatically be converted into shares of Class B Common Stock at the Conversion Rate at the time in effect for such share immediately upon the date specified by written consent or agreement of the holders of a majority of the then Preferred Stock). Each share of outstanding shares of Preferred Stock ( excluding the Series E Series E Preferred Stock shall automatically be converted into shares of Class B Common Stock at the Conversion Rate at the time in effect for such share immediately upon the date specified by written consent or agreement of the holders of at least 80% ofthe then outstanding shares of Series E Preferred Stock.
ii) I Q.
A) Each share of Preferred Stock (other than Series fi Preferred Stock) shall automatically be converted into shares of Class B Common Stock at the Conversion Rate at the time in effect for such share immediately upon the Corporation' s sale of its shares of any class of Common Stock in a firm commitment underwritten public offering the pursuant to a registration statement under the Securities Act of 1933, as amended ( Securities Act")( A) in which the pre-public offering market capitalization of the Corporation is at least $ 200,000,000 ( as determined by multiplying all capital stock of the Corporation on a fully diluted basis( minding options and warrants and convertible instruments then exercisable or convertible, as applicable, for capital stock of the Corporation) prior to the public offering by the price per share offered to the public as of the closing date of the public offering ( the Offering Price"), and ( B) which results in aggregate cash proceeds to the Corporation of not less than$ 25,000,000( net ofunderwriting discounts and commissions)( the" Qualified IPO").
B) Each share of Series E Preferred Stock shall automatically be converted into shares of Class B Common Stock at the rate equal to the IPO IPO Conversion Rate immediately upon the effectiveness of the Qualified IPO. The " Conversion Rate" is the rate equal to the greater of( i) the Conversion Rate for the Series E Preferred Stock and ( ii) the rate determined by dividing ( A) 200% of the Series E Preferred Stock Liquidation Preference by( B) the Offering Price.
c) Mechanics of Conversion. Before any holder of Preferred Stock shall be entitled to convert the same into shares of Class B Common Stock, he shall surrender the certificate or certificates therefor, duly endorsed, at the office of the Corporation or of any transfer agent for such Preferred Stock, and shall give written notice to the Corporation at its principal corporate office, of the election to convert the same and shall state therein the name or names in which the certificate or certificates for shares of Class B Common Stock are to be issued. The Corporation shall, as soon as practicable thereafter, issue and deliver at such office to such holder ofPreferred Stock, or to the nominee or nominees of such holder, a certificate or
10 certificates for the number of shares of Class B Common Stock to which such holder shall be entitled as aforesaid. Such conversion shall be deemed to have been made ionnediatdy prior to the close of business on the date of such surrender of the shares of such Preferred Stock to be converted, and the person or persons entitled to receive the shores of Class B Common Stock issuablc upon such conversion shall be treated for all purposes as the record holder or holders of such shares ofClass B Common Stock as of such date. Ifthe conversion is in connection with an underwritten offering of securities registered pursuant to the Securities Act the conversion may, at the option of any holder tendering such Freferred' Stock for conversion, be conditioned upon the closing with the underwriters of the sale of securities pursuant to such offering, in which event the person(s) entitled to receive Class B Common Stock upon conversion of such Preferred Stock shall not be deemed to have converted such Preferred Stock until immediately prior to the closing ofsuch sale of securities.
d) Conversion Price Adiustments of Preferred Stodc for Certain, Dilutive Issuances. Stints and Combinations. The Conversion Price of the Preferred Stock shall be subject to adjustment from time to time as follows:
i) Issuance of Additional Stork below Conversion Price. If the Corporation shall issue, after the date upon which any shares of one or more series of Preferred Stock were first issued ( the " Purchase Date" with respect to any such series), any Additional Stock ( as defined below) without consideration or for a consideration per share less than the Conversion Price for any such series in effect immediately prior to the issuance of such Additional Stock, the Conversion Price for any such series in effect immediately prior to each such issuance shall automatically be adjusted as set forth in this Section 4(d)(i),unless otherwise provided in this Section 4(d)(i).
A) Adlustment Forman. Whenever the Conversion
Price of a series of Preferred Stock is adjusted pursuant to this Section 4(d)(i), the new Conversion Price for such series of Preferred Stock shall be determined by multiplying the Conversion Price than in effect for such series by a fraction,( x) the numerator of which shall be the aggregate number of shares ofall classes ofCommon Stock outstanding immediately prior to such issuance( the" Outstanding Common") plus the number of shares of the applicable class of Common Stock that the aggregate consideration received by the Corporation for such issuance would purchase at such Conversion Price; and( y) the denominator of which shall be the number ofshares of Outstanding Common plus the number ofshares of such Additional Stock. For the purposes of the foregoing calculation, the term " Outstanding Common" shall include shares of any class ofCommon Stock deemed issued pursuant to Section 4(dXi)(E) below.
B) Definition of" Additional Stock". For purposes of this Section 4( d)(i), "Additional Stock" shall mean any shares of any class of Common Stock issued ( or doomed to have been issued pursuant to Section 4(dXi)(E)) by the Corporation after the applicable Purchase Date other than:
1) Common Stock issued pursuant to a transaction described in Section 4(dxii) hereof,
1 t 2) Shares of any - class of Common Stock issuable or issued to employees, consultants or directors of the Corporation and its Subsidiaries directly or pursuant to stock option plans, restricted stock plans, options or other agreements or arrangements approved by the Board of Directors of the Corporation; urovided, however, that such shares of Common Stock shall not exceed ( y) such number of shares of Common Stock issued or deemed issued prior to the Effective Time plus( z) an aggregate of 10,200,000 shares of Common Stock( as adjusted for any stock splits, stock dividends, combinations, recapitalizations or the like effected subsequent to the Effective Time); erovided, further, that the sum of such numbers of shares in clauses ( y) and ( z) above shall be increased to reflect any shares of any class of Common Stock that (i) were not actually issued pursuant to options issued under such plans, options, agreements or arrangements as a result of the cancellation, termination or forfeiture of such options prior to exercise, or ( ii) were repurchased or reacquired by the Corporation from employees, consultants or directors pursuant to plans, options, agreements or arrangements which permit the Corporation to repurchase or reacquire such shares,
3) Capital stock, or options or warrants to purchase capital stock, issued to financial institutions, vendors, lenders, purchasers of the Corporation' s debt securities, or lessors in connection with commercial credit arrangements, equipment financings, loans and other debt financing transactions, commercial property lease transactions or similar transactions, the terms of which are approved by the Board ofDirectors of the Corporation,
4) Shares of any class of Common Stock or Preferred Stock issuable upon exercise of options, warrants, notes or other rights to acquire securities ofthe Corporation outstanding as of the date of this Amended and Restated Certificate . ofIncorporation,
5) Capital stock or warrants or options to purchase capital stock issued in connection with bona fide acquisitions, mergers, acquisitions of assets, joint venture agreements or similar transactions, the teams of which are approved by the Board of Directors of the Corporation,
6) Shares of Class A Common Stock issued or issuable upon conversion of shares of Senior Common Stock that are currently outstanding or issued hereafter,
7) Shares of Class B Common Stock issued or issuable upon conversion of Series Preferred Stock after taking into account the operation of Section 4(d)( i)(E)(3), below,
8) Shares of Class C Common Stock issued or issuable upon conversion or exchange of shares of any other class of Common Stock that are currently outstanding or issued hereafter,
9) Shares of Class A Common Stock issued or issuable upon conversion of shares of any other class of Common Stock that are currently outstanding or issued hereafter,
12 10) Capital stock or warrants or options to purchase capital stock issued in connection with joint ventures, development projects, strategic alliances or other partnering arrangements, or in connection with sponsored research, collaboration, technology license, development, OEM, marketing or other similar agreements, the terms ofwhich are approved by the Board ofDirectors of the Corporation, and
11) Shares of any class ofCommon Stock issued or issuable in a public offering prior to or in connection with which all outstanding shares of Preferred Stock will be converted to Class B Common Stock
C) No Fractional Adiustments. No adjustment of the Conversion Price for a series of Preferred Stock shall be made in an amount less than one cent per share, provided that any adjustments which are not required to be made by reason of this sentence shall be carried forward and shall be either taken into account in any subsequent adjustment made prior to three years from the date of the event giving rise to the adjustment being carried forward, or shall be made at the end ofthree years fiom the date ofthe event giving rise to the adjustment being carried forward.
D) peterminatlon of Consideration. In the case of the issuance of shares ofany class of Common Stock for cash, the consideration shall be deemed to be the amount of cash paid therefor before deducting any reasonable discounts, commissions or other expenses allowed, paid or incurred by the Corporation for any underwriting or otherwise in connection with the issuance and sale thereof In the case ofthe issuance of shares of a class of Common Stock for a consideration in whole or in part other than cash, the consideration other than cash shall be deemed to be the fait value thereof as determined by the Board of Directors of the Corporation in its reasonable good faithjudgment irrespective of any accounting treatment
B) peened Issuance of Common Stock. In the case of the issuance( whether before, on or after the applicable Purchase Date) ofoptions to purchase or rights to subscribe for shares of any class of Common Stock, securities by their terms convertible into or exchangeable for shares of any class of Common Stock or options to purchase or rights to subscribe for such convertible or exchangeable securities, the following provisions shall apply for all purposes of this Section 4(d)(i):
l) The aggregate maximum number of shares of all classes of Common Stock deliverable upon exercise ( assuming the satisfaction of any conditions to exercisability, including without limitation, the passage of time, but without taking into account potential antidilution adjustments) of such options to purchase or rights to subscribe for shares of any class of Common Stock shall be deemed to have been issued at the time such options or rights were issued and for a consideration equal to the consideration ( determined in the manner provided in Section 4(d)( 0(D)), ifany, received by the Corporation upon the issuance of such options or rights plus the minimum exercise price provided in such options or rights without taking into account potential antidilution adjustments) for the class of Common Stuck covered thereby.
2) The aggregate maximum number of shares of all classes of Common Stock deliverable upon conversion of or in exchange ( assuming the
13 satisfaction of any conditions to convertibility or exchangeability, including, without limitation, the passage of titre, but without taking into account potential antidilution adjustments) for any such convertible or exchangeable securities or upon the exercise of options to purchase or rights to subscribe for such convertible or exchangeable securities and subsequent conversion or exchange thereof shall be deemed to have been issued at the time such securities were issued or such options or rights were issued and for a consideration equal to the consideration, if any, received by the Corporation for any such securities and related options or rights( excluding any cash received on account of accrued interest or accrued dividends), plus the minimum additional consideration, if any, to be received by the Corporation ( without taking into account potential antidilution adjustments) upon the conversion or exchange of such securities or the exercise of any related options or rights ( the consideration in each case to be determined in the manner provided in Section 4(dxiXD)).
3) In the event of any change in the number of shares of a class of Common Stock deliverable or in the consideration payable to the Corporation upon exercise of such option or rights or upon conversion of or in exchange for Such convertible or exchangeable securities, including, but not limited to, a change resulting from the antidilution provisions thereof the Conversion Price of each series of Preferred Stock, to the extent in any way affected by or computed using such options, rights or securities, shall be recomputed to reflect such change, but no further adjustment shall be made for the actual issuance of Common Stock or any payment of such consideration upon the exercise of any such options or rights or the conversion or exchange of such securities.
4) Upon the expiration of any such options or rights, the termination of any such rights to convert or exchange or the expiration of any options or rights related to such convertible or exchangeable securities, the Conversion Price of each series of Preferred Stock, to the extent in any way affected by or computed using such options, rights or securities or options or rights related to such securities, shall be recomputed to reflect the issuance of only the number of shades of Common Stock ( and the convertible or exchangeable securities which remain in effect) actually issued upon the exercise of such options or rights, upon the conversion or exchange of such securities or upon the exercise of the options or rights related to such securities.
5) The number of shares of Common Stock deemed issued and the consideration deemed paid therefor pursuant to Sections 4(d)(i)(EXI) and 4(dXE)(2) shall be appropriately adjusted to reflect any change, termination or expiration of the type described in either Section 4(d)(i)(EX3) or 4(dXi)(E)(4).
F) rlo Increased Conversion Price. Notwithstanding any other provisions ofthis Section 4(d)(i), except to the limited extent provided for in Sections 4(d)(i)(E)(3) and 4(d)(iXE)(4), no adjustment of the Conversion Price of a series of Preferred Stock pursuant to this Section 4(d)(i) shall have the effect of increasing such Conversion Price above the Conversion Price of such series ofPreferred Stock in effect immediately prior to such adjustment
ii) Stock Splits and Dividends. in the event the Corporation should at any time or from time to time after a Purchase Date fix a record date for the
14 effectuation of a split or subdivision of the outstanding shares of any class of Common Stock or the determination of holders of shares of any class of Common Stock entitled to receive a dividend or other distribution payable in additional shares of Common Stock or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly, additional shares of any class of Common Stock ( hereinafter referred to as " Common Stock Equivalents") without payment of any consideration by such holder for the additional shares of Common Stock or the Common Stock Equivalents( including the additional shares of Common Stock issuable upon conversion or exercise thereof), then, as of such record date( or the date of such dividend distribution, split or subdivision ifno record date is fixed), the Conversion Price of each series of Preferred Stock shall be appropriately decreased so that the number of shares of Class B Common Stock issuable on conversion of each share of each such series shall be increased in proportion to such increase of the aggregate of shares of all classes of Common Stock outstanding and those issuable with respect to such Common Stock Equivalents with the number of shares issuable with respect to Common Stock Equivalents determined from time to time in the manner provided for deemed issuances in Section 4(d)(i)(E).
iii) Reverse Stock Splits, If the number of shares of any class of Common Stock outstanding at any time after a Purchase Date is decreased by a combination ofthe outstanding shares of any class of Common Stock, then, following the record date ofsuch combination, the Conversion Price for each series of Preferred Stock shall be appropriately increased so that the number of shares of Class B Common Stock issuable on conversion of each share of each such series shall be decreased in proportion to such decrease in outstanding shares.
e) Other Distributions. In the event the Corporation shall declare a distribution to holders of any class ofCommon Stock of the Corporation payable in securities of other persons, evidences of indebtedness issued by the Corporation or other persons, assets excluding cash dividends) or options or rights not referred to in Section 4(d)(ii), then, in each such case for the purpose of this Section 4(e), the holders of each series of Preferred Stock shall be entitled to receive, simultaneously with the distribution to the holders of such class of Common Stock ofthe Corporation, a proportionate share of any such distribution as though they were the holders of the number of shares of Class B Common Stock of the Corporation into which their shares of Preferred Stock are convertible as of the record date fixed for the determination of the holders of such class of Common Stock of the Corporation entitled to receive such distribution.
f) Adiustment for Merger or Reorganization, etc If at any time after the Effective Time there shall be a recapitalization, reorganization, reclassification, consolidation or merger involving the Corporation in which any class ofCommon Stock( but not the Preferred Stock) is converted into or exchanged for securities, cash or other property( other than pursuant to a subdivision, combination or merger or sale of assets transaction provided for in Section 4(d)(ii) or Section 2(c)(0), then following any such recapitalization, reorganization, reclassification, consolidation or merger, each share of Preferred Stock that was convertible into Class B Common Stock prior to such event shall thereafter be convertible in lieu of the Class B Common Stock into the kind and amount of securities, cash or other property which a holder of the number of shares of Class B Common Stock of the Corporation issuable upon conversion of one share of such Preferred Stock immediately prior to such reorganization, recapitalization, reclassification, consolidation or merger would have been entitled to receive pursuant to such
l5 transaction. In any such case, appropriate adjustment( as determined in good faith by the Board ofDirectors of the Corporation) shall be made in the application ofthe provisions of this Section 4 with respect to the rights of the holders of each series of Preferred Stock after such recapitalization, reorganization, reclassification, consolidation or merger to the end that the provisions ofthis Section 4( including adjustment ofthe Conversion Price then in effect for each series of Preferred Stock and the number of shares purchasable upon conversion of shares of each such series of Preferred Stock) shall be applicable after that event and be as nearly equivalent as practicable in relation to any securities or other property thereafter deliverable upon the conversion of such series ofPreferred Stock.
g) No Fractional Shares and Certificate as to Adjustments.
i) No fractional shares shall be issued upon the conversion of any share or shares ofPreferred Stock, and the number ofshares ofClass B Common Stock to be issued shall be rounded down to the nearest whole share. The number of shares issuable upon such conversion shall be determined on the basis ofthe total number of shares of Preferred Stock the holder is at the time converting into Class B Common Stock and the number of shares of Class B Common Stock issuable upon such aggregate conversion.
ii) Upon the occurrence of each adjustment or readjustment of the Conversion Price of a series ofPreferred Stock pursuant to this Section 4, the Corporation, at its expense, shall promptly compute such adjustment or readjustment in accordance with the terms hereof and prepare and furnish to each holder of shares of each such series of Preferred Stock a certificate setting forth such adjustment or readjustment and showing in detail the facts upon which such adjustment or readjustment is based. The Corporation shall, upon the written request at any time ofany holder ofshares of any such series ofPreferred Stock, furnish or cause to be furnished to such holder a like certificate setting forth( A) the adjustment and readjustment made to the Conversion Price of such series of Preferred Stock, ( B) the Conversion Price for such series of Preferred Stock at the time in effect, and ( C) the number of shares of Class B Common Stock and the amount, if any, of other property which at the time would be received upon the conversion of a share of such Preferred Stock.
h) lgotiees of Record Date. In the event of any taking by the Corporation of a record ofthe holders of any class of securities for the purpose of determining the holders thereof who are entitled to receive any dividend( other than a cash dividend) or other distribution, any right to subscribe for, purchase or otherwise acquire any shares ofstock of any class or any other securities or property, or to receive any other right, the Corporation shall mail to each holder of Preferred Stock, at least ten ( 10) days prior to the date specified therein, a notice specifying the date on which any such record is to be taken for the purpose of such dividend, distribution or right, and the amount and character of such dividend, distribution or right
i) Reservation of Stock Issuable Upon Conversion. The Corporation shall at all times reserve and keep available out of its authorized but unissued shares of Class B Common Stock, solely for the purpose of effecting the conversion of shares of Preferred Stock, such number of its shares of Class B Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Preferred Stock; and if at any
16 time the number of authorized but unissued shares of Class B Common Stock shall not be sufficient to effect the conversion ofall then outstanding shares ofPreferred Stock, in addition to such other remedies as shall be available to the holder of such Preferred Stock, the Corporation will take such corporate action as may, in the opinion ofits counsel, be necessary to increase its authorized but unissued shares of Class B Common Stock to such number of shares as shall be sufficient for such purposes, including, without limitation, engaging in best efforts to obtain the requisite stockholder approval of any necessary amendment to this Restated Certificate of Incorporation.
j) Notices. Any notice required by the provisions ofthis Section 4 to be given to the holders of shares of Preferred Stock shall be deemed given if(A) deposited in the United States mail, postage prepaid, and addressed to each holder of record at his address appealing on the books of the Corporation or (B) waived by the holders of a majority of the outstanding shares of Preferred Stock. •
S. Voting Rights. Subject to the rights of series of Preferred Stock that may from time to time come into existence, the holder of each share of Preferred Stock shall have the right to ten votes for each share of.Class B Common Stock into which such Preferred Stock could then be converted, and with respect to such vote, such holder shall have fill voting rights and powers equal ( other than with respect to votes per share) to the voting rights and powers of the holders of any class of Common Stock, and shall be entitled, notwithstanding any provision hereof, to notice of any stockholders' meeting in accordance with the bylaws ofthe Corporation, and shall be entitled to vote, together with holders ofany class ofCommon Stock, with respect to any question upon which holders of any class of Common Stock have the right to vote, except as required by Iaw. Fractional votes shall not, however, be penniued and any fractional voting rights available on an as-converted basis ( after aggregating all shares into which shares of Preferred Stock held by each holder could be converted) shall be rounded to the nearest whole number( with one-halfbeing rounded upward).
6. Series F Protective Provisions. Subject to the rights of series of Preferred Stock which may from time to time come into existence, so long as at least 1, 000,000 shares of Series F Preferred Stock are outstanding( as adjusted for stock splits, stock dividends, reclassifications, or the like), the Corporation shall not (whether by merger, consolidation or otherwise) without first obtaining the approval( by vote or written consent, as provided by law) of the holders of at least two-thirds (2/3) of the then outstanding shares of Series F Preferred Stock, voting together as a class, alter or change the rights, preferences, or privileges of the shares of Series F Preferred Stock so as to affect adversely the shares of such series.
7. Series E Protective Provisions. Subject to the rights of series of Preferred Stock which may from tine to time come into existence. so Iong as at least 1, 000,000 shares of Series E Preferred Stock are outstanding( as adjusted for stock splits, stock dividends, reclassifications, or the like), the Corporation shall not ( whether by merger, consolidation or otherwise) without first obtaining the approval ( by vote or written consent, as provided by law) of the holders of at least eighty-five percent ( 85%) of the then outstanding shares of Series E Preferred Stock, voting together as a class:
17 a) effect any transaction which pledges, sells, commits to sell or otherwise disposes ofany assets ofthe Corporation( other than assets no longer used or useful in the ordinary course of business) having a dollar value in excess of an aggregate$ 75 million over any 12 month period; or
b) alter or change the rights, preferences, or privileges of the shares of Series E Preferred Stock so as to affect adversely the shares ofsuch series.
8. Series D Protective Provisions. Subject to the rights of series of Preferred Stock which may from time to time come into existence, so long as at least 1, 000,000 shares of Series D Preferred Stock are outstanding ( as adjusted for stock splits, stock dividends, reclassifications, or the like), the Corporation shall not ( whether by merger, consolidation or otherwise) without fast obtaining the approval ( by vote or written consent, as provided by law) of the holders of at least a majority of the then outstanding shares of Series D Preferred Stock, voting together as a class:
a) effect any transaction which pledges, sells, commits to sell or otherwise disposes ofany assets ofthe Corporation( other than assets no longer used or useful in the ordinary course of business) having a dollar value in excess of an aggregate$ 75 million over any 12 month period; or
b) alter or change the rights, preferences, or privileges of the shares of Series D Preferred Stock so as to affect adversely the shares of such series.
9. ] Protective Provisions. So long as at least 1, 000,000 shares of Preferred Stock are outstanding( as adjusted for stock splits, stock dividends, reclassifications, or the like), the Corporation shall not( whether by merger, consolidation or otherwise) without first obtaining the approval( by vote or written consent, as provided by law) of the holders of at least a majority ofthe then outstanding shares ofPreferred Stock, voting together as•a class: .
a) effect a transaction described in Section 2(c)() above;
b) alter or change the rights, preferences or privileges of the shares of any series ofPreferred Stock so as to affect adversely the shares ofany such series;
c) increase or decrease( other than by redemption or conversion) the total number ofauthorized shares of Preferred Stock;
d) authorize or issue, or obligate itself to issue, any other equity security, including any other security convertible into or exercisable for any equity security, having a preference over, or being on a par with, the existing series of Preferred Stock with respect to dividends, redemptions or upon liquidation; or
e) effect any transaction which pledges, sells, commits to sell or otherwise disposes of any assets of the Corporation( other than assets no longer used or useful in the ordinary course of business) having a dollar value in excess of an aggregate $ 15 million dollars over any 12 month period.
18 10. Status of Converted Stock, In the event any shares of Preferred Stock shall be converted pursuant to Section 4 hereoC the shares so converted shall be cancelled and shall not be issuable by the Corporation. This Restated Certificate of Incorporation of the Corporation shall be appropriately amended to effect the corresponding reduction in the Corporation' s authorized capital stock.
C) Classes of Common Stock. The respective rights, preferences, privileges, and restrictions granted to and imposed by this Amended and Restated Certificate of Incorporation on the Class A Common Stock, the Class B Common Stock and the Class C Common Stock are as set forth below in this Article IV(C). Any shares of any class of Common Stock that may be redeemed, purchased or acquired by the Corporation may be reissued except as otherwise provided by law or by the terms ofany class of Common Stock.
1. Definitions. For purposes of this Article IV(C), the following definitions shall apply:
a) " Family Member'' shall mean with respect to any natural person who is a Qualified Stockholder, the spouse, parents, grandparents, lineal descendents, siblings and lineal descendants of siblings of such Qualified Stockholder.
b) " Permitted Entity" shall mean with respect to a Qualified Stockholder(ii) a Permitted Trust( as defined below) solely for the benefit of(A) such Qualified Stockholder, ( B) one or more Family Members of such Qualified Stockholder and/or (C) any other Permitted Entity of such Qualified Stockholder, or (ii) any general partnership, limited partnership, limited liability company, corporation or other entity exclusively owned by( A) such Qualified Stockholder, (B) one or more Family Members of such Qualified Stockholder and/or C) any other Permitted Entity ofsuch Qualified Stockholder.
c) " Permitted Transfer" shall mean, and be restricted tq any Transfer of a share ofClass B Common Stock:
i) by a Qualified Stockholder to ( A) one or more Family Members of such Qualified Stockholder, or ( B) any Permitted Entity of such Qualified Stockholder•,or
ii) by a Permitted Entity of a Qualified Stockholder to A) such Qualified Stockholder or one or more Family Members of such Qualified Stockholder, or( B) any other Permitted Entity ofsuch Qualified Stockholder.
d) " Permitted Transferee" shall mean a transferee of shares of Class B Common Stock received in a Transfer that constitutes a Permitted Transfer.
e) " Permitted Tnr ' shall mean a bona fide trust where each trustee is ( i) a Qualified Stockholder, ( ii) Family Member or ( iii) a professional in the business of providing trustee services, including private professional fiduciaries, trust companies and bank trust departments.
19 Y
f) " Qualjf`red Stockholder'' shall mean( i) the registered holder of a share of Class B Common Stock immediately following the Effective Time; ( ii) the initial registered holder of any shares of Class B Common Stock that are originally issued by the Corporation after the Effective Time pursuant to the exercise or conversion of options or warrants that, in each case, are outstanding as of the Effective Time; ( iii) each natural person who Transferred shares ofor equity awards for Class B Common Stock( including any option or warrant exercisable or convertible into shares of Class B Common Stock) to a Pennitted Entity that is or becomes a Qualified Stockholder pursuant to subclauaes( i) or( ii) of this Section 1( f); and( iv) a Permitted Transferee.
g) " Senior Common Stock" means Class B Common Stock and Class C Common Stock, each as applicable in the context such term is applied.
h) " Transfer" of a share of Class B Common Stock shall mean any sale, assignment, transfer, conveyance, hypothecation or other transfer or disposition of such share or any legal or beneficial interest in such share, whether or not for value and whether voluntary or involuntary or by operation of law, including, without limitation, a transfer of a share of Class B Common Stock to a broker or other nominee ( regardless of whether there is a corresponding change in beneficial ownership), or the transfer of, or entering into a binding agreement with respect to, Voting Control ( as defined below) over such share by proxy or otherwise; provided, however, that the following shall not be considered a" Transfer" within the meaning ofthis Article IV:
1) the granting of a revocable proxy to officers or directors of the Corporation at the request of the Board ofDirectors in connection with actions to be taken at an annual or special meeting ofstockholders;
2) entering into a voting trust, agreement or arrangement( with or without granting a proxy) solely with stockholders who are holders ofClass B Common Stock that ( A) is disclosed either in a Schedule 13D filed with the Securities and Exchange Commission or in writing to the Secretary of the Corporation, ( B) either has a term not exceeding one( 1) year or is terminable by the holder of the shares subject thereto at any time and C) does not involve any payment of cash, securities, property or other consideration to the holder of the shares subject thereto other than the mutual promise to vote shares in a designated manner; or
3) the pledge of shares of Class B Common Stock by a stockholder that creates a mere security interest in such shares pursuant to a bona fide loan or indebtedness transaction for so long as such stockholder continues to exercise Voting Control over such pledged shares; provided, however, that a foreclosure on such shares or other similar action by the pledgee shall constitute a " Transfer" unless such foreclosure or similar action qualifies as a" Permitted Transfer".
A "Transfer" shall also be deemed to have occurred with respect to a share of Class B Common Stock beneficially held by( i) an entity that is a Permitted Entity,ifthere occurs any act or circumstance that causes such entity to no longer be a Permitted Entity or( u) an entity that is a Qualified Stockholder, if there occurs a Transfer on a cumulative basis, from and after the
20 Effective Time, of a majority of the voting power of the voting securities of such entity or any direct or indirect Parent of such entity, other than a Transfer to parties that are, as ofthe Effective Time, holders of voting securities of any such entity or Parent of such entity. `Parent" of an entity shall mean any entity that directly or indirectly owns or controls a majority of the voting power of the voting securities of such entity.
i) " Voting Control' shall mean, with respect to a share of Class B Common Stock, the power ( whether exclusive or shared) to vote or direct the voting of such share by proxy, voting agreement or otherwise.
2. Dividend Rlabts.
a) Class C Common Stock. Subject to the prior rights of holders of all classes and series of stock at the time outstanding having prior rights as to dividends, the holders of the Class C Common Stock shall be entitled to receive dividends, out of any assets legally available therefor, prior and in preference to any declaration or payment of any dividend on the Class A Common Stock or Class B Common Stock of the Corporation, in the amount of 50.02 per share ( as adjusted for stock splits, stock dividends, reclassification and the like) per annum on each outstanding share of Class C Common Stock. Any such dividends shall be payable when, as and if declared by the Board of Directors. Such dividends shall not be cumulative.
b) Glass A Common Stock and Class B Common Stock. Subject to the prior rights of holders ofall classes and series of stock at the time outstanding having prior rights as to dividends, the holders of the Class A Common Stock and Class B Common Stock shall be entitled to receive, when, as and if declared by the Board of Directors, out of any assets of the Corporation legally available therefor, such dividends as may be declared from•time to time by the Board of Directors. Any dividends paid to the holders ofshares of Class A Common Stock and Class B Common Stock shall be paid pro rata, on an equal priority, pari passu basis.
3. Liquidation Riehts.
a) Class C Common Stock Liaidalion Preference. In the event of any liquidation, dissolution or winding up of the Corporation, either voluntary or involuntary, subject to the rights of series of Preferred Stock that may from time to time come into existence and after WI payment of the liquidation preference owed to any outstanding series of Series Preferred Stock described in Section 2(a) of Article IV(B) above and the Series E Participation Amount as described in Section 2(b) of Article 1V(B) above, and prior and in preference to any distribution of any ofthe assets of the Corporation to the holders of Class A Common Stock and Class B Common Stock by reason of their ownership thereof the holders of the Class C Common Stock by reason of their ownership thereof shall be entitled to receive an amount per share equal to S0.50 per share( as adjusted for stock splits, stock dividends, reclassification and the like) for each share of Class C Common Stock then held by them, plus declared but unpaid dividends ( the " Class C Common Stock Liquidation Preference' If, upon the occurrence of such event, the assets and funds thus distributed among the holders of the Class C Common Stock by reason of their ownership thereof shall be insufficient to permit the payment to such holders of the full Class C Common Stock Liquidation Preference, then, subject to the rights of
2I series of Preferred Stock that may from time to time come into existence, the entire remaining assets and fiords of the Corporation legally available for distribution shall be distributed among the holders ofthe Class C Common Stock ratably.
b) Remaining Assets. Upon the completion of the distributions required by Section 3( a) above and any other distribution that may be required with respect to series ofPreferred Stock that may from time to time come into existence, if assets remain in the Corporation, the remaining assets of the Company legally available for distribution shall be distributed on an equal priority, pro rata basis to the holders of the Class A Common Stock, Class B Common Stock and Class C Common Stock( on an as-if-converted to Class A Common Stock basis).
4. litedemntigg. The classes ofCommon Stock are not redeemable.
5. Voting Rights.
a) Class A Common Stock. Each holder of shares of Class A Common Stock shall be entitled to one vote for each share thereof held.
b) Class B Common Stock. Each holder of shares of Class B Common Stock shall be entitled to ten votes for each share thereof held.
c) Class C Common Stock, Each holder of shares of Class C Common Stock shall be entitled to one vote for each share thereofheld.
d) General. Subject to the other provisions of this Amended and Restated Certificate of Incorporation, each holder of Preferred Stock, Class B Common Stock or Class C Common Stock shall have full voting rights and powers equal to the voting rights and powers of the holders of Class A Common Stock, and shall be entitled to notice of any stockholders' moving in accordance with the bylaws of the Corporation( as in effect at the time in question) and applicable law, and shall be entitled to vote, together with the holders of Class A Common Stock, with respect to any question upon which holders of Class A Common Stock have the right to vote, accept as may be otherwise required by applicable law. Except as otherwise expressly provided herein or as required by law, the holders of Preferred Stock. Class A Common Stock, Class B Common Stock and Class C Common Stock shall vote together and not as separate series or classes.
e) No Class Vote on Change in Authorized Shares of Common Stock. The number of authorized shares of Class A Common Stock, Class B Common Stock and Class C Common Stock may be increased or decreased( but not below the tnunber of shares then outstanding) by (in addition to any vote of the holders of one or more series of Preferred Stock that may be required by the terms of this Amended and Restated Certificate of Incorporation) the affirmative vote of the holders of a majority of the voting power of the classes of Common Stock and Preferred Stock entitled to vote, voting together as a single class, irrespective of Section 242(b)(2) ofthe General Corporation Law ofDelaware.
22• 6. Optional Conversion.
a) Optional Conversion of the Class B Common Stock,
Cr) At the option of the holder thereof, each share of Class B Common Stock shall be convertible, at any time or from time to time following the closing of a Qualified IPO, into one fully paid and nonassessable share of Class A Common Stock as provided herein.
ii) Each holder of Class B Common Stock who elects to convert the same into shares of Class A Common Stock shall surrender the certificate or certificates therefor, duly endorsed, at the office of the Corporation or any transfer agent for the Class A Common Stock or Class B Common Stock, and shall give written notice to the Corporation at such office that such holder elects to convert the same and shall state therein the number of shares of Class B Common Stock being converted. Thereupon the Corporation shall promptly issue and deliver at such office to such holder a certificate or certificates for the number of shares of Class A Common Stock to which such holder is entitled upon such conversion. Such conversion shall be deemed to have been made immediately prior to the close of business on the date of such surrender of the certificate or certificates representing the shares of Class B Common Stock to be converted, and the person entitled to receive the shares of Class A Common Stock issuable upon such conversion shall be treated for all purposes as the record holder of such shares of Class A Common Stock on such date. If a conversion election under this Section 6(a)( ii) is made in connection with an underwritten offering of the Corporation' s securities pursuant to the Securities Act of 1933, as amended, the conversion may, at the option of the holder tendering shares of Class B Common Stock for conversion, be conditioned upon the closing with the underwriters of the sale of the Corporation' s securities pursuant to such offering, in which event the holders making such elections who are entitled to receive Class A Common Stock upon conversion of their Class B Common Stock shall not be deemed to have converted such shares of Class B Common Stock until immediately prior to the closing ofsuch sale ofthe Corporation's securities in the offering.
7. Automatic Conversion.
a) Automatic Conversion of the Crass B Common Stock In the event of a Transfer, other than a Permitted Transfer, of a share of Class B Common Stock that occurs prior to the closing of a Qualified IPO, such share of Class B Common Stock shall automatically convert to one fully paid and nonassessable share of Class A Common Stock immediately prior to the closing of a Qualified IPO. At any time following the closing of a Qualified IPO, each share of Class B Common Stock shall automatically be converted into one fully paid and nonassessable share of Class A Common Stock upon a Transfer. other than a Permitted Transfer, of such share of Class B Common Stock. Such conversion shall occur automatically without the need for any further action by the holders of such shares and whether or not the certificates representing such shares are surrendered to the Corporation or its transfer agent; provided, however, that the Corporation shall not be obligated to issue certificates evidencing the shares of Class A Common Stock issuable upon such conversion unless the certificates evidencing such shares of Class B Common Stock are either delivered to the Corporation or its transfer agent as provided below, or the holder notifies the Corporation or its
23 transfer agent that such certificates have been lost, stolen or destroyed and executes an agreement satisfactory to the Corporation to indemnify the Corporation from any loss incurred by it hi connection with such certificates. Upon the occurrence of such automatic conversion of the Class B Common Stock, the holders of Class B Common Stock shall surrender the certificates representing such shares at the office of the Corporation or any transfer agent for the Class A Common Stock. Thereupon, there shall be issued and delivered to such holder promptly at such office and in its name as shown on such surrendered certificate or certificates, a certificate or certificates for the number of shares of Class A Common Stock into which the shares of Class B Common Stock surrendered were convertible on the date on which such automatic conversion occurred.
b) Automatic Conversion of the Class C Common Stock. At the time of the first effectiveness of a registration statement with respect to any class of the Company's equity securities under the Securities Exchange Act of 1934, as amended, each share of Class C Common Stock shall automatically be convened into one frilly paid and nonassessable share of Class A Common Stock. Such conversion shall occur automatically without the need for any further action by the holders of such shares and whether or not the certificates representing such shares are surrendered to the Corporation or its transfer agent; provided, however, that the Corporation shall not be obligated to issue certificates evidencing the shares of Class A Common Stock issuable upon such conversion unless the certificates evidencing such shares of Class C Common Stock are either delivered to the Corporation or its transfer agent as provided below, or the holder notifies the Corporation or its transfer agent that such certificates have been lost, stolen or destroyed and executes an agreement satisfactory to the Corporation to indemnify the Corporation from any loss incurred by it in connection with such certificates. Upon the occurrence of such automatic conversion of the Class C Common Stock, the holders of Class C Common Stock shall surrender the certificates representing such shares at the office of the Corporation or any transfer agent for the Class A Common Stock Thereupon, there shall be issued and delivered to such holder promptly at such office and in its name as shown on such surrendered certificate or certificates, a certificate or certificates for the number of shares of Class A Common Stock into which the shares of Class C Common Stock surrendered were convertible on the date on which such automatic conversion occurred.
c) Atock Dividends and Distributions. The Corporation shall not declare or pay any dividend or make any other distribution to the holders of any class of Common Stock payable in securities of the Corporation unless the same dividend or distribution with the same record date and payment date shall be declared and paid on the shares of all other classes of Common Stock; provided, however, that dividends or other distributions payable in shares of a particular class of Common Stock or rights to acquire shares of such class of Common Stock may be declared and paid to the holders of such class of Common Stock without the same dividend or distribution being declared and paid to the holders of the other classes of Common Stock if and only if,a dividend payable in shares of such other classes of Common Stock, as applicable, or rights to acquire shares of such other classes of Common Stock, as applicable, are declared and paid to the holders of such other classes of Common Stock at the same rate and with the same record date and payment date.
d) Common Class Stock 3nlits or Combinations. If the Corporation in any manner subdivides or combines the outstanding shares of any class of Common Stock,
24 then the outstanding shares of all other classes of Common Stock will be subdivided or combined in the same proportion and manner.
8. Reservation of Stock humble IJnon Conversion, The Corporation shall at all times reserve and keep available out of its authorized but unissued shares of Class A Common Stock and Class B Common Stock, solely for the purpose of effecting the conversion of the shares of the Preferred Stock and the Senior Common Stock, as applicable, such number ofits shares ofClass A Common Stock and Class B Common Stock as shall from time to time be sufficient to effect the conversion of all outstanding shares of Preferred Stock and the Senior Common Stock; and if at any time the number of authorized but unissued shares of Class A Common Stock or Class B Common Stock shall not be sufficient to effect the conversion of all then-outstanding shares of Preferred Stock and the Senior Common Stock, as applicable, the Corporation will take such corporate action as may, in the opinion ofits counsel, be necessary to increase its authorized but unissued shares of Class A Common Stock or Class B Common Stock, as applicable, to such numbers of shares as shall be sufficient for such purpose.
9. , Identical Rights. Except as otherwise expressly provided herein or required by applicable law, shares of Class A Common Stock and Class B Common Stock shall have the same rights and privileges and rank equally, share ratably and be identical in all respects as to all matters, including, without limitation:
a) Dividends and Distributions. Shares of Class A Common Stock and Class B Common Stock shall be treated equally, identically and ratably, on a per-share basis, with respect to any cash distribution paid or distributed by the Corporation, unless different treatment of the shares of each such class is approved by the affirmative vote of the holders of a majority of the outstanding shares of the applicable class of Common Stock treated adversely, voting separately as a class.
b) Zaual Treatment in a Combination Transaction. In connection with any combination or merger or sale ofassets transaction provided for in Article IVD(2)(c)(i)) a" Combination Tlransacdon"), shares of Class A Common Stock and Class B Common Stock shall be treated equally, identically and ratably, on a per-share basis, with respect to any consideration into which such shares are converted or any consideration paid or otherwise distributed to stockholders of the Corporation, unless different treatment of the shares of each such class is approved by the affirmative vote of the holders of a majority of the outstanding shares of the applicable class of Common Stock treated adversely, voting separately as a class. Notwithstanding anything set forth herein to the contrary, in the event of any Combination Transaction to which the Corporation is a party in which the shares ofClass A Common Stock or Class B Common Stock will be exchanged for or converted into, or will receive a distribution off'; cash or other property or securities of the Corporation or any other person, each share ofClass A Common Stock and Class B Common Stock shall be entitled to receive Equivalent Consideration as defined herein) on a per-share basis. As used herein, the term " Equivalent Consideration" shall mean consideration in the same form, in the same amount and with the same voting rights on a per-share basis; provided, however, that for the avoidance of doubt, consideration to be paid or received by a holder ofClass A Common Stock or Class B Common Stock in connection with any Combination Transaction pursuant to any employment, consulting, severance or other
25 arrangement shall not be deemed to be" consideration" that is included in the determination of Equivalent Consideration."
10. Stays of Converted Senior Common Stock. In the event any shares of Senior Common Stock shall be converted pursuant to Section 6 or 7 hereof, the shares so converted shell be cancelled and shall not be issuable by the Corporation. This Restated Certificate of Incorporation of the Corporation shall be appropriately amended to effect the corresponding reduction in the Corporation' s authorized capital stock.
ARTICLE V.
The Board of Directors ofthe Corporation is expressly authorized to make, alter or repeal • Bylaws of the Corporation.
ARTICLE VL
Elections of directors need not be by written ballot unless otherwise provided in the Bylaws ofthe Corporation.
ARTICLE VIL
A director of the Corporation shall not be personally liable to the Corporation or its stockholders for monetary damages for breach of fiduciary duty as a director, except for liability i) for any breach ofthe director's duty of loyalty to the Corporation or its stockholders,( ii) for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law, ( iii) under Section 174 of the Delaware General Corporation Law, or( iv) for any transaction front which the director derived an improper personal benefit Ifthe Delaware General Corporation Law is amended to authorize corporate action further eliminating or limiting the personal liability ofdirectors, then the liability ofa director of the Corporation shall be eliminated or limited to the fullest extent permitted by the Delaware General Corporation Law, as so amended.
The Corporation shall indemnify to the fullest extent permitted by law any person made or threatened to be made a party to an action or proceeding, whether criminal, civil, administrative or investigative, by reason ofthe fact that he, his testator or intestate is or was a director or officer of the Corporation or any predecessor of the Corporation, or serves or served at any other enterprise as a director or officer at the request of the Corporation or any predecessor to the Corporation.
Neither any amendment nor repeal of this Article VII, nor the adoption of any provision • of the Corporation' s Certificate of Incorporation inconsistent with this Article VII, shall eliminate or reduce the effect ofthis Article VII in respect of any matter occurring, or any action or proceeding ac cn,ing or arising or that, but for this Article VII, would accrue or arise, prior to such amendment, repeal or adoption of an inconsistent provision.
26 The foregoing Amended and Restated Certificate of Incorporation has been duly adopted by this Corporation' s Board of Directors and stockholders in accordance with the applicable provisions of Sections 228, 242 and 245 of the General Corporation Law of the State of Delaware. i- Executed at Hawthorne, California, on March jig 2012. c/( 711/ 1 Eton Musk, Chief Executive Officer
27 1Q23/2014 Franchise Tax Account Status
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Franchise Tax Account Status
As of: 10/23/ 2014 09:28: 59 AM
This Page is Not Sufficient for Filings with the Secretary of State
SPACE EXPLORATION TECHNOLOGIES CORP.
Texas Taxpayer Number MTIIiIITITITIit M Mailing Address h 1 ROCKET RD ATTN: REBECCA CHAPMAN HAWTHORNE, CA 90250- 6844 Right to Transact Business i ACTIVE in Texas ?
State of Formation DE
Effective SOS Registration ? 04/05/ 2005 Date Texas SOS File Number r 0800475804
Registered Agent Name NATIONAL CORPORATE RESEARCH, LTD.
Registered Office Street 800 BRAZOS, SUITE 1100 Address 1 AUSTIN, TX 78701
httpsJhnycpa.cpa.statetcus/coalservlet/cpa.epp.coa.CoaGetTp?Piptpid&Search Nm= Space%20Exp1oratian% 206Buttorpsearch&Search_ID= 10106276719 1/ 1 EXHIBIT" B"
Wage and Benefits Requirement
Job Creation:
300 Positions
Estimated Payroll of New Full-time positions: Average annual salary of$ 60,000
Types of_lobs to be created;
Technicians Office Management Lead Technicians Security Supervisors Environmental H& S
Specialists Logistics
Operators Buyer
Electricians Scheduler
Welders Manager CNC Machinists Sr. Manager
Lead or Master Trades Engineer
Inspectors Sr. Engineer Quality
Benefits: Company will provide health insurance at a level equivalent to that required within the company's Program Project Agreement with the Waco McLennan County Economic Development Corporation. EXHIBIT " C"
CERTIFICATE OF COMPLIANCE AGREEMENT FOR INDUSTRIAL BUSINESS GRANT WITH SPACE EXPLORATION TECHNOLOGIES CORP.
THE STATE OF TEXAS §
COUNTY OF McLENNAN §
Space Exploration Technologies Corp. acting by and through its authorized representative, hereby certifies that the construction and/ or installation of the IMPROVEMENTS, as called for in the above-referenced Agreement, has been completed pursuant to all requirements of said Agreement for the period covered by this certification.
Signed this day of 201_
By:
Name:
Title:
FILED: JAN 2 0 2015
JA ' ANDY' HARWELL, County Cleo 11 to gLet eCturg Plm Recording of Authorization of Interlocal Cooperation Agreement: City of Hewitt ( Re: Advance Warning System) approved by Order on December 22, 2014 and recorded on Page 53 of these minutes.
RECEIVED
2A1
JicLENN° N CO. JUDGE
T COURT BY COMAS• • . r ACC ' TED OF 0 THIS ., • DAY
COUNTY UDGE INTERLOCAL COOPERATION AGREEMENT
This agreement is made by and entered into between the City of Hewitt, Texas hereinafter" City") and McLennan County, (hereinafter" County"), Texas.
WHEREAS, it is in the best interests of the citizens of McLennan County for the various governmental entities located in this County to cooperate in the provision of governmental services where such cooperation will result in a more efficient, higher quality and/or more cost- effective provision of such services; and
WHEREAS, with regard to the project defined below, these governmental functions and services can be more efficiently provided by the City and County working cooperatively; and
WHEREAS, an Advance Warning System that advises motorists of a flooded roadway is needed to enhance the safety of McLennan County citizens, which in effect serves the public purpose of the County in protecting public health, safety and welfare; and
WHEREAS, City and County have found it advisable to enter into an Interlocal Cooperation Act agreement as authorized by Chapter 791, Government Code .
NOW, THEREFORE, in consideration of the promises, covenants and agreements contained herein, the parties hereto mutually agree as follows:
Project: Joint participation concerning flood warning signs to alert motorists along Panther Way near Panther Run. The Proposal includes the installation of three LED signs to be placed near the flood hazard areas on Panther Way. Two LED signs will be installed in the Hewitt city limits and one will be installed in the County. All three signs would have LED lights installed and will be connected to a flood gauge that will cause the lights to flash when water rises to a certain level.
Section I: County Obligation.
The County' s obligation is financial participation in an amount of$ 10,215.00. This amount will be paid to the City after execution of this Agreement to be held in trust by the City only for use by the City for this Project.
Section II: City Obligation. The City is responsible to pay the portion of the Project cost not covered by the County' s payment.
The City will contract for the design, purchase, and installation of the Advance Warning System. The City will oversee the Project to completion and provide updates on the progress of the Project when reasonably requested by the County.
The City will be solely responsible for routine testing and maintenance of the Project in the future, including the portion in the County. Should there arise the need for repair due to significant damage to the Project, the parties will negotiate in good faith the allocation of the cost between the parties. Section II: Miscellaneous Terms.
a) Current Revenues: Performance under this Agreement by the parties is to be undertaking solely from current revenues available to the parties.
b) Approval of Contact: This Agreement was approved by the governing bodies of both parties.
This agreement may be executed in multiple counterparts, each of which constitutes an original.
1°° EXECUTED on the 2.2. day of 1C. BI 2014.
4 .OF CITY OF HEWITT 1". J A- 14 rfk• 716e, C MANAGER
ATTEST:
C : CRETARY
MCLENNAN COUNTY, TEXAS
Jdi COUNTY JUDGE SCAT'T P)• Feti171.I
AA, EST:
COUNTY CLERK BY APPOINTED DEPUTY
FILED. JAN 2 0 2015
J.A ' ANDY" HARWELL. County Clerk By Cock DEPIf1Y ORDER APPROVING PAYMENT OF FINANCIAL OBLIGATIONS AND AUTHORIZING THE COUNTY TREASURER TO PAY COUNTY CHECKS JANUARY 16, 2015
On this the 20 day of January, 2015, came on for consideration the matter of approving payment of Financial
Obligations and authorizing the County Treasurer to pay County Checks for January 16, 2015. 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 Snell, Commissioner Gibson, 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
01- 16- 15 399 1, 214,452. 23
E011615 65 22, 624. 50
GRAND TOTAL 464 1, 237,076. 73
Approved and ordered by the McLennan County Commissioners Court on this the day of JAW t l' ,2015 Z-e.,4Se/1221)71.4 County Judge
FILED: JAN 2 0 2015
JA AND HARWELL, County Clerk McLennan County Texas By Laurie Cook DEPUTY ORDER AUTHORIZING ADVERTISEMENT FOR PROPOSALS:
BID 15- 006 CRUSHED LIMESTONE FLEX BASE LOADED IN MCLENNAN COUNTY TRUCKS AND/ OR TRAILERS OR DELIVERED
AND
BID 15-007 LIGHTWEIGHT FOR SURFACE TREATMENT
On this the 20 day of January, 2015, came on for consideration the matter of Authorizing Advertisements for Proposals: Bid 15- 006 Crushed Limestone Flex Base Loaded in McLennan
County Trucks and/ or Trailers or Delivered and Bid 15- 007 Lightweight for Surface Treatment. 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 Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that the McLennan County Director of Purchasing be, and he is hereby, so authorized to advertise for sealed proposals as hereinafter indicated. COUNTY REQUESTS BIDS
Until 8: 30 A.M., Tuesday, February 10, 2015, sealed bids will be received by Ken Bass, County 5th Purchasing Director, 214 North Street, Waco, Texas 76701 for:
BID 15- 006 Crushed Limestone Flex Base Loaded in McLennan County Trucks and/ or Trailers or Delivered
BID 15- 007 Lightweight Aggregate for Surface Treatment
Specifications and bidding forms may be obtained at the office of the County Purchasing Department, 214 North 5th Street, Waco, Texas 76701.
Bidders should use lump-sum pricing for all items for which firm quantities are specified and unit pricing for all items for which estimated quantities are given. No bid bond will be required in connection with bids for items included in this notice.
Invoices must be addressed to McLennan County, 214 North 4th Street, Suite 100, Waco, Texas 76701- 1366. Monthly statements are required for any account having an open balance at the end of the month. Payment will normally be made by check within 30 days from the time McLennan County Auditor' s Office receives the invoice, provided all products, equipment or services have been received or completed in accordance with proposal specifications.
The County reserves the right to reject all Bids, and to waive any technicalities for the best interest of the County.
Run in the Waco Citizen: Thursday January 22; Thursday January 29; and Thursday February 5, 2015.
February 6, 2015 Send Statement to:
McLennan County 214 North 4th St., Suite 100 Waco, Texas 76701- 1366
APPROxcD BY COMMISSION RS COURT THIS / P DAY OF 20 FILED: JAN 2 0 2015 toW J A ' ANDY' HARWELL, County Clerk COUNTYJUDXE McLennan County Texas By Laude Cook DtPUTY ORDER APPROVING:
AUTHORIZATION OF NOTICE OF PUBLIC HEARING RE: COUNTYWIDE ELECTION DAY POLLING PLACE (VOTE CENTERS) PROGRAM AS PER SECTION 43.007 OF THE TEXAS ELECTION CODE
On this the 20 day of January, 2015, came on for consideration the matter of Authorization of Notice of Public Hearing re: Countywide Election Day Polling Place ( Vote Centers) Program as per Section 43. 007 of the Texas Election Code. 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 Snell, Commissioner Gibson, Commissioner Jones and
Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. NOTICE of PUBLIC HEARING
The McLennan County Commissioners' Court will conduct a public hearing to solicit comments from the public for McLennan County to be designated as " successful," moving forward to use the Countywide Election Day Polling Places ( Vote Centers) program for: 1) Each General Election for state and county officers; 2) Each election held on the uniform election date in May; 3) Each election on a proposed constitutional amendment; 4) Each Primary Election and Runoff Primary Election; 5) Any called Special Election Pursuant to Section 43. 007 of the Texas-Election Code.
The hearing will be held on the 27th day of January. 2015 at 9: 00 a. m. in the Commissioners' Courtroom, 1" Floor, West Wing, McLennan County Courthouse. City of Waco. Texas.
Upon conclusion of the public hearing, the Court will take action regarding use of the Countywide Election Day Polling Places( Vote Centers) program.
APPROVED BY COMMISSIONER COURT THIS o DAY OF l edr=7 coin Jug
FILED: JAN 2 0 2015
JA' ANDY' HARWELL, County Clerk Duman I Caok DEPUTY ORDER APPROVING TRAVEL AND EDUCATION REQUESTS:
COUNTY SHERIFF;
CONSTABLE, PRECINCT 2
AND
MAINTENANCE OF EQUIPMENT
On this the 20 day of January, 2015, came on for consideration the matter of Travel and/ or Education Requests / Ratifications: County Sheriff; Constable, Precinct 2 and Maintenance of Equipment. 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 Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Travel
Requests be, and the same are hereby, approved by unanimous vote. 1 1 i 1 i
gin:
ec , 4.' 1l`: McLennan County, Texas f:, . ti 4i Out of County Travel Request Form i
Department: I SHERIFF' S OFFICE i
Conference/ Training: TEEX Bloodstain Pattern Analysis
Purpose. TRAINING
Location: Schertz Texas From Date: 3/23/ 2015 To Date: 3/2712015 I Traveling Employees: i. Brad Bond Michael Graham E i i.
Registration fee: ea. = TOTAL i i This request includes( please check all that apply). Lodging( include rate below) 13 Mileage Reimbursement s Parking( include rate below) 11 Meal Reimbursement© Other: P 1
Hotel room rate: 109.00 ea.= 327.00 Total plus taxes
Check if applicable: Conference/Host Hotel rate exceeds County Travel Policy rate of 100 per night; request reimbursement of Conference/ Host Hotel rate i
Hotel parking rate: self park rate per night Elparking rate is valet; self park is not available i Budget: Fund Deptid Account Project t I 001120. 35-2200 1 6191021 I 1 i Additional Comments. r I Please include any other anticipated expenses with detailed amounts H possible) Examples Include: tolls, taxi, rental car, airfare, airport parking, etc.)
Class registration is free county only has to pay meals and lodging 3
i
Department Authorization: Commissioners Court Approval: I
COU APPROyycD BY CAtAISSION RS i N=Y 20 022 THIS XA DAY OF f
FILED: cou.. N2Q 1 JAN 2 0 2015 i I J A ' ANDY' HARWELL, County Clerk McLennan County Texas By Laurie Cook DEPUTY Received
JAN 1 ir 21115 c( ; McLennan County, Texas x McLennan County Judge Out of County Travel Request Form
Department Constable Office PCT 2
Conference/Training: Training
Purpose: Civil Process Seminar
Destination: Rockwall, Texas
From Date: 3/ 15/ 15 To Date: 3118/ 15
Traveling Employees: Anthony Jenkins
Registration fee: 15n on per person
This request includes( please check all that apply): Lodging( include rate below)© Mileage Reimbursement© Other Parking( include rate below) ra Meal Reimbursement El Other. I I
Hotel room rate: F1 5n+ taker night Check if applicable: Conference/Host Hotel rate exceeds County Travel Policy rate of 100 per night; request reimbursement of Conference/Host Hotel rate
Hotel parking rate: self park rate per night Oparking rate is valet; self park is not available Budget: Fund Deptid Account Project
1 1 319n 1 16191021
Additional Comments: Please include any other anticipated expenses with detailed amounts if possible) Examples include: tolls, taxi, rental car, airfare, airport parking, etc.)
Department Autho ' -; y6;' n• Commissioners Court Approval:
1 APPROVED BY COMMSSiON RS COURI l 1_ 1 . THIS / U DAY OF JA 20 L
FILED: JAN 2 0 2015
JA ' ANDY' HARWELL, Copy Clerk Mcleiman Terms By Lade Cook DEPUTY RECEIVED
M k,.v `. e,: McLennan County, Texas Co. Out of County Travel Request Form u
Department: / 77,9/ 4, , vgf, ee of
Conference/ Training: / r=fr ter, c=cl,NO Zo/, ES
Purpose: doe Svc° T
2/.. ExAs Destination: G t4//,A /
From Date: 02 - 3`-- his To Date: v; - - a' s
Traveling Emplo ees: wiy,, Q, ,Acy
Registration fee: per person
This request includes( please check all that apply): Lodging( include rate below) Mileage Other: Parking( include rate below) 8 Meal Reimbursement Other: l I
Hotel room rate: per night Check if applicable Conference/Host Hotel rate exceeds County Travel Policy rate of 100 per night, request reimbursement of Conference/ Host Hotel rate
Hotel parking rate: self park rate per night Sparking rate is valet; self park is not available Budget: Fund Deptid Account Project I c2O/ I D/ ao I I c/ Qica I I
Additional Comments: Please include any other anticipated expenses with detailed amounts if possible) Examples include: tolls, taxi, rental car, airfare, airport parking, etc.)
Department Autho • • n: Commissioners Court Approval:
Ar3R0 ED BY COP.9vGESIONE COURT G THIS Y OF , 1
COUNri JUDGE
FILED: - JAN 2 0 2015
sR • AItlDr HARWELL County Clerk McLennan Coun Texas By i aw a Cook DEPUTY Sl_/ ORDER ACCEPTING:
MONTHLY ACTIVITY REPORTS, DECEMBER 2014 RE: MAINTENANCE OF EQUIPMENT
On this the 20 day of January, 2015, came on for consideration the matter of Maintenance of Equipment: Monthly Activity Reports, December 2014. 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 Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Reports be, and the same are hereby, accepted by unanimous vote. f itl\ r1 Ak Ar o LI r . t, 4j ( e 0 R , , ifiii'l.' A ' AM OP'. ' • ' Zi
Wgredia 1 xA_s u ug Wayne Canaday Director Radio Shop 623 Washington Ave. Waco, Texas 76701 a
DECEMBER 2014
MAINTENANCE OF EQUIPMENT ACTIVITY REPORT FOR DECEMBER 2014
TO COMMISSIONERS COURT:
Bench Repair 41 Field 60 Install 23 Strip( Equipment Removal) 5 Special Project 1 Total 130
Signs Made 37 Automotive Service and Repair 115 ( Work Orders)
Month of December 2014 Jail Maintenance Continued to prepare building for paint when time permit' s and weather Notify the Court about the Tahoe' s tire wear. Having to change tires Out every 18,000 to 20,000 miles. Cost of 129.00 each may impact line Item number 530102 tubes, tires and batteries for the FY- 15 budget year. Quantity of(Tahoe' s) 25 in fleet( 2013- 2014) Quantity of Ford Crown Victoria( Tire Cost 112.00 each) Sheriff 26 Sheriff Spare 5 Constable 6 Jail 12
COMMISSIONERS COURT CT Court House Security 3 ACCEPTED BY O . TTHIS ,(• • ' Y OF After hour calls: N/A 0297 - ,
COUNTY JUDGE 11:-°---,.. .,' Meetings: N/A
Special Project: Replace DVR that views visitation center at Jail main control
Fuel Dispensed 11, 163
Delivered 8529
Average per Day 360
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I I ry` II ii 1 C ii Oil " I ti ii I> Z 11 co j° oC } u i Fa-rm-rm- ORDER ACCEPTING:
MONTHLY ACTIVITY REPORTS, DECEMBER 2014 RE: MENTAL HEALTH COURT SERVICES
On this the 20 day of January, 2015, came on for consideration the matter of Mental Health Court Services: Monthly Activity Reports, December 2014. 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 Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry.
It is ordered by the Court that said Report be, and the same are hereby, accepted by unanimous vote. I\
RECEIVED i • 1._ AT:1 1 p rv, j if i ; i)(' TESSA SLOVAK icLENP AN CO. di 1 ' , II - P. - s- Mental Health Court Services JUDGE 1i- v>n- nl 1i Li 11
i fir, i 11 Mary Allen, Assistant I'. it i T.... • b , i. 1 ' 11 4JVi P O Box 1728 Waco, TX 76703 254/ 757- 5 166 McLennan County Courthouse Fax 254/ 759- 5682 501 Washington Ave., Ste 215 e- mail tessa slovak@co mclennan ix us Waco, Texas 76701 e- mail mary allen@co mclennan tx.us
To: COMMISSIONER' S COURT
From: TESSA SLOVAK- COURT SERVICES COORDINATOR
Re: MONTHLY ACTIVITIES REPORT FOR: December 2014
1 ' , 0 Dated: January 12. 2015 T• . . v. k, , • ervices Coordinator
Note: This office handles civil Mental Health cases which includes the filing of new cases ( each case filed requires the Master& issuing of approximately 5 to 7 documents, service on proposed patient, notice to the Court Attorney Ad Litem, up to 3 hearings per commitment, billing for costs of court, collecting& paying costs of court, etc.); and, interviewing clients that have a family/friend with mental health issues to determine if an emergency detention order( EDO) is needed and coordinating with our Mental Health deputies to serve the warrant. Mental Health commitment hearings require a staff of 5 people namely: Judge, Assistant District Attorney, Court Reporter, Attorney Ad Litem, and Physician. The number of cases handled through this Court has not increased due to our local facilities either refusing patients, lack ofbed space or lack offunding all a while the mental health need has increased. This creates the issue ofMcLennan County being held responsible for the court costs on patients that must be taken to facilities in
other counties.
This office also handles all Probate & Guardianship proceedings as the County Judge has original probate
proposed documents & jurisdiction ( scheduling of hearings for Judge's docket, review files prior to hearings, attend hearings, update dockets, etc.).
Along with the above, this office answers a multitude of questions on a daily basis with attorneys, medical facilities, the public, mental health deputies, and other county offices.
L ACC PTED BY COiv1MISSIGNE• COURT T THIS ia •AY OF 0 k 1W d22 y7/— COUNTY J a E Ln
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0 0 c J I O O el) I m u u .e a p ° I I a 0 I eu oo2 0 I uOHI- H Q ` a Q CWFes- a1. -.0OrW-Ia- Or4:-:.!o0II ORDER ACCEPTING:
MONTHLY ACTIVITY REPORTS, DECEMBER 2014 RE: PRETRIAL SERVICES
On this the 20 day of January, 2015, came on for consideration the matter of Pretrial Services: Monthly Activity Reports, December 2014. 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 Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Report be, and the same are hereby, accepted by unanimous vote. 1Y Lf7Ir -. VE I; OF'+ r.
kAr.1 VIRGIL E. BAIN x ' I McLennan County Courthouse Ems' : /\ ;, , " 501 Washington Ave., Room 110 ASSOCIATE CRIMINAL COURT JUDGE Waco, Texas 76701 MCLENNAN COUNTY, TEXAS Y' ti Receivod r+f"
Telephone: ( 254) 757- 5004 JAN 14 2015 Fax: ( 254) 759- 5611 McLennan County JuO:: 5
January 14, 2015
McLennan County Commissioners
Re: Pretrial Services Bail Bonds PR Bonds Indigent Defense Associate Judge/ Magistrate
Sirs:
Please see attached statistics/ information regarding the above referenced matters.
Th you.
A5 Virgil E. Bain
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Oa. o w m c w LL > a 0. m o a a Z V w -- w o O W w0 a I w Q O p w 2 1- 111 z O w N O w aj Z I- IL w _Z O w Reports for November 2014 and December 2014 from the office of the Indigent Defense Coordinator
The numbers listed below are for individual defendants, not the number of cases, as defendants may have more than one offense. November 2014:
D. Number of requests for a court appointed attorney received: 544 Number of requests approved: 401 Number of requests denied: 143
Out of the 401 total requests approved: Number of appointments for defendants that the Indigent Defense Coordinator or a Court Administrator approved during July by reviewing financial affidavits completed at the jail with or without an interview and by interviewing the defendant in the coordinator' s office 282
Number of" related" appointments for defendants who already have a court appointed attorney on a pending case 68
Number of appointments for defendants at the request of a Judge for other reasons 51
December 2014:
D. Number of requests for a court appointed attorney received: 527 Number of requests approved: 376 Number of requests denied: 151
Out of the 376 total requests approved: Number of appointments for defendants that the Indigent Defense Coordinator or a Court Administrator approved during July by reviewing financial affidavits completed at the jail with or without an interview and by interviewing the defendant in the coordinator's office 288
Number of" related" appointments for defendants who already have a court appointed attorney on a pending case 48
Number of appointments for defendants at the request of a Judge for other reasons 40
Prepared on January 13, 2015.
FILED: JAN 2 0 2015
ards Cathy J A ' ANDY' wwWELL, County Clerk Indigen ' efense Coordinator er & , ORDER ACCEPTING:
MONTHLY ACTIVITY REPORTS, DECEMBER 2014 RE: INFORMATION TECHNOLOGY
On this the 20 day of January, 2015, came on for consideration the matter of Information Technology: Monthly Activity Reports, December 2014. 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 Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Report be, and the same are hereby, accepted by unanimous vote. q, r
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ROBERT WASSON DIRECTOR- INFORMATION TECHNOLOGY 500 COLUMBUS AVENUE WACO, TEXAS 76701- 1388 254) 757-5159
TO: Commissioners' Court
DATE: January 15, 2015
RE: IT Activity Report for December 2014
Projects Dees In Process/ Completed Comments/ Notes
County Clerk CMS Testing Data Go Live— Jan.
PC/ Laptops Installs 30 installed for Dec& 115 October- December
Website Worked with Purchasing in setting up demos Must be ADA compliant.
Equipment Performance and Availability Monitor: April 2014 OK Down Extended Performance Performance Problem down Warning from 96.4 1. 8 0. 3 1. 4 0. 1 Total
Main Internet DIA Indicator Last Average Peak Total HC In Octets 1. 25M 2. 49M 52.24M 6.68T HC Out Octets 297. 78K 9. 13M 50. 14M 24.47T
ACCEPTED BY CO;vMISSIO' E' S COURT Yom— THIS :. D' Y OF J Y/ail eI'• COUNTY JUDGE 1/ 8/ 2015 IT FY- 14 Expenditures
Motor Vehicle Supplies Pager Other Servxes/ Charges Operatg 3% Se - 1% 0% 0% Professional Develop Travel Reimb 1% Capital Outlay 0% 12% Repair& Maint Contract Programmers 10% 1% i
Tyler Tech Hosted Softwarewar IJc 35% 1 I
Software Support/ Maint 7%
1,000,000.00
100,000.00 i—— 10,000.00 _
1, 000.00
10000 Actual 1000 o Budget 100
3, , o c OQ kai aa` 7 aaa,, a e S P¢ R¢ as: O
aV q p 134' e cf e a` ` 46 e.", ¢\ tae# Q
SJQ( er`` Q e, y\
4- gto o`°, lt' o' So 1 Summary by Category Catego 1 hen 1Cgzi7 Supplies 17, 500 00 1, 178 95 16, 321 05
Motor Vehicle Operatg 1, 000 00 77 18 922 82
Pager Services 100 00 15 03 84 97
Other Services/ Charges 4, 675 00 0 00 4, 675 00
Repair& Maint 53, 797 00 8, 841 72 44, 955 28
Travel Reimb 1, 200 00 0 00 0 00
Contract Programmers 4, 820 00 0 00 0 00
Software Lic 170,336 00 83, 679 84 86, 656 16
Software Support/Maint 41, 476 00 21, 609 82 19, 866 18
Tyler Tech Hosted 197,670 00 84 313 18 113,356 82
Professional Develop 4, 500 00 0 00 0 00
Capital Outlay 64, 740 00 16, 319 99 48, 420 01
Total 561, 814.00 216, 035. 71 345, 778. 29
1 reamstPcsae ,\ao4• oca\ Transactions
1- 1, rctri-,w1 y-ak,-,, 32cDo-goi talQaccr),5 ft,,,,Thaw,liq
20150143 10/ 7/ 14 APC Smart-UPS C1000VA LCD 120 Supplies 281. 55
20150125 10/ 7/ 14 APC Back- UPS ES 750 Green U Supplies 287. 39
10/ 1/ 14 Maint/Copier Repair& Maint 242. 87
20150002 10/ 1/ 14 HP Server Support Agreement Repair& Maint 8, 360.40
20150154 10/ 7/ 14 Mdaemon Support Agreement Pro Software Support/ Maint 650.00
Paper Req 10/ 8/ 14 HP Laptop 3Y repair onsite- C1 Capital Outlay 819.99
Oct-14 10/ 15/ 14 Storeroom Supplies 1. 18
103019 10/ 14/ 14 Teletouch Paging Pager Services 5. 01
14-Oct 10/ 31/ 14 Storeroom Supplies 49.38
14- Oct 10/ 31/ 14 Fuel Motor Vehicle Operatg 29.42
20150738 11/ 13/ 14 25 ea HP SB400PD - DA Capital Outlay 15, 500.00
14- Nov 11/ 15/ 14 Storeroom Supplies 70.35
105405 11/ 10/ 14 Teletouch Paging Pager Services 5. 01
105422 11110/ 14 Cartegraph System Inc. PCT 4 Software Support/Maint 4,003. 00
105425 11/ 10/ 14 Cartegraph System Inc. PCT 3 Software Support/Maint 4,003. 00
105773 11/ 17/ 14 Cartegraph System Inc. PCT 2 Software Support/Maint 8, 578. 00
Rev Prepds 10/ 1/ 14 Rev Prior Year Prepaids Tyler Tech Hosted 35,745. 68
W 12- 01- 14 10/ 24/ 14 Tyler Hosted 1/ 4 Payment Tyler Tech Hosted 48, 567. 50
14- Nov 11/ 30/ 14 Storeroom Supplies 83. 36
14- Nov 11/ 30/ 14 Fuel Motor Vehicle Operatg 26.41
Unisys 10/ 1/ 14 Unisys PPD Software Lic 7, 829. 84
106812 12/ 1/ 14 Support Lic Software Support/Maint 4, 375. 82
102505 12/ 11/ 14 Multimedia Speakers Supplies 18. 37
20151173 12/ 15/ 14 Fire Extinguisher Maintence Repair& Maint 238. 45
15- Dec 12/ 15/ 14 Storeroom Supplies 109. 12
20151331 12/ 30/ 14 HP C8543X Toner Supplies 278. 25
14-Dec 1/ 6/ 15 Fuel Consumption Motor Vehicle Operatg 21. 35
14-Dec 12/ 19/ 14 Teletouch Paging Pager Services 5. 01
2 100183 , 12/ 19/ 14 SHI Endpoint Protec Software Lic 9, 000.00
109014 12/ 22/ 14 Unisys Maint Software Lic 66, 850.00
3 TOTAL I 216, 035. 71
6 Issues breakdown by status: Desc November 2014 December 2014 Active 4 2 Completed 605 706 Resolved 2 3
TOTAL 611 711
Operating Budget Excluding Payroll April 2014 Beginning Actual Difference
561, 814.00 216, 035. 71 345, 778. 29
For a Detail Report Please See Attached Documentation Issue Breakdown By Status 12/ 01/ 2014 To: 112/ 31/ 2014
Active 2
Completed 706
Resolved 3
Total Issues. 711
Thursday, January 08, 2015 Page 1 of 1 Issues Breakdown By Department 12/ 01/ 2014 To: 12/ 31/ 2014
Department:
1
170th District Court 1
19th District Court 2
414th District Court 2
54th District Court 10
74th District Court 6
Adult Probation Department 28
Archives 19
Auditor 31
Bonding Office 1
Comm. 3 6
Comm. 4 2
Constable- Pct 1 3
Constable- Pct 2
Constable- Pct 4 5
County Clerk- Court Dept , 21
County Clerk- Recording Dept 6
County Court at Law No. 1 3
County Court at Law No. 2 3
County Judge 11
County Sheriff 30
County Treasurer
Criminal District Attorney 19
DA 137
District Clerk 27
Elections 3
Engineering Department 2
Human Resources Departmen 7
Hwy 6 Jail 31
IHC 7
Information Technology 134
J P- Precinct 1- 1 1
J P- Precinct 1- 2 5
J P- Precinct 2 3
J P- Precinct 3 3
Thursday, January 08, 2015 Page 1 of 2 Department.
JP- Precinct4 6
Juvenile Court 9
Juvenile Probation Departme ' 10
Maintenance of Buildings 6
Maintenance of Equipment 2
Mental Health Court Services 8
Purchasing Department 2
Road& Bridge- Pct 2 2
Road& Bridge- Pct 3 1 1
Road& Bridge- Pct 4 4
SO— — -- 26 J - ---
Tax Office- Ad Valorem Dept 4
Tax Office- Auto Department 7
Treasurer 11
Tyler 41
Total: 711
Thursday, January 08, 2015 Page 2 of 2 O i'i. 1)! I O ' Iri1, Q 3 I r- IMO =,I F- H IV oo n ID -
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edit headed Summary report for All Hosts Report period: 12/ 1/ 20141200 AM- 1/ 1/ 2015 12 00 AM Report notes: The entire system
Summary data
end PerformancePerformance Total Ok Down Down Warning Problem Number of polls 1983487 1911480 36484 5973 27875 1675 from total 96 4 1. 8 0 3 1. 4 0. 1
Monitors performance and availability Availability Performance Name States Graph Up time,% Down Min Avg Max time,%
PING on IDOCKETPC# 2, 63 5 36.5 1 10 1217 msec PING on New Mugshots 64 0 36.0 1 29 1872 Server, msec PING on IT-DOORPC# 2, 68 3 31. 7 1 72 999 msec
PING on IT Server Room U 72.0 28.0 1 5 1981 9050, msec PING on IT Dept Hallway 72.3 27 7 1 5 1872 LJP4015n, msec PING on DEPCON, msec 74.8 25 2 1 5 1061 PING on ODTPC, msec 79.4 20 6 1 5 1092 PING on CRISNET2, msec 80 2 19 8 1 5 1872
PING on AVSVR11 , msec 89.3 10 7 1 8 1872 PING on MCLN MF1 , msec 90 6 9 4 1 9 1217
PING on TLETS- MAIN 90.9 9 1 1 12 780 HWY6), msec
PING on JLP3 HWY6 91. 2 8 8 1 12 811 Booking U4250, msec PING on Archives Camera 91 2 8 8 1 46 1311 DVR, msec PING on BAER( Juvenile 91 2 8.8 1 10 905 Probation), msec
PING on Archives Adtran 91. 5 8 5 1 45 1420 Router, msec PING on HWY6 Mugshot 92.6 7 4 1 12 811 Capture Station, msec PING on GIS, msec 93 0 7 0 1 13 1092 PING on DCSVR, msec 93 0 7 0 1 13 1092 PING on CCIMAGE, msec 93 4 6 6 1 11 936 PING on MOE Adtran 94 0 6 0 1 19 562 Router, msec PING on INFOTECH, msec 94 4 5 6 1 12 936
PING on R& B PCT1 Adtran 95 0 5 0 1 14 562 Router, msec PING on JLP7 HWY6 Bond 95 6 4 4 1 12 780 U2300, msec PING on MCLNFS, msec 96 0 4 0 1 10 936 PING on JP8 Adtran Router, 96.8 3 2 1 7 562 msec PING on WPD Adtran Router 96.9 3 1 1 6 562 to IT, msec
PING on JP7 Adtran Router, 97 4 2 6 1 7 562 msec
PING on SO- IMAGING, 97.4 2 6 1 3 1903 msec PING on 98 2 1. 8 1 22 4103 mclennancountv us, msec PING on MCLNDC, msec 98.4 1 6 1 3 1388 PING on MCLNDC2, msec 98 4 1 6 1 3 1388 PING on MUNISTCM, msec 98 5 1 5 1 3 1950
http:// 172. 16.2.250: 8084/ nms/ report?view 1& obj_ type= 6& obj_ id= 1& id= 1& start= 2014- 12-... 1/ 8/ 2015 Summary report for' All Hosts' Page 2 of 3
PING on DCLK HP Switch, 98.8 1. 2 1 3 1030 msec PING on CSCDFSN, msec 98.8 1. 2 1 3 1903 PING on CourtHouse 2nd 99. 1 0 9 1 3 562 Floor 3Com 2928SFP 2, msec PING on IT Dept 3Com 99. 1 0 9 1 3 562 2924SFP Sea 5, msec PING on Engineenng 3Com 99 2 0.8 1 3 562 2924SFP 1 , msec PING on Records Basement 99.2 0.8 1 3 562 3Com 2824SFP 4, msec PING on CourtHouse 2nd 99 2 0.8 1 3 562 Floor 3Com 2928SFP 3,
msec PING on Records Basement 99.3 0 7 1 3 562 3Com 2824SFP 2, msec PING on Annex Budding 99.4 0 6 1 2 562 Phone Room Switch , msec PING on Annex 4th Floor 99 4 0.6 1 3 562 3Com 2928SFP, msec PING on ELEDB2, msec 99 5 0.5 1 3 1903 PING on Annex( Budget 99.5 0 5 1 3 562 Office) 3Com 2928SFP, msec PING on CourtHouse 99 5 0.5 1 2 562 Basement 3Com 2928SFP, msec PING on EDOC Server, 99.6 0 4 1 2 1560 msec PING on ELEVS, msec 99.6 0 4 1 3 1903 PING on DA Office CDA2, 99.6 0.4 1 4 1732 msec PING on HP MSL4048 Tape 99.8 0.2 1 2 562 LTO, msec PING on IT Dept Axis Front 99.8 0.2 1 2 562 Do• r Camera msec PING on Records Basement 99 8 0.2 1 3 562 3Com 2824SFP 3, msec PING on_Records Basement 99 8 0 2 1 3 562 3Com 2824SFP 1 , msec PING on Enaineenna 3Com 99.8 0 2 1 3 920 2924SFP 3, msec PING on VI3 NAS, msec 99 8 0.2 1 3 1903 PING on ASA 5505 Jail, 99.8 0.2 1 11 1825 msec PING on TLETS Cisco 99 8 0.2 1 2 562 Router, msec PING on CourtHouse 2nd 99 8 0 2 1 3 562 Floor 3Com 2928SFP 1 , msec PING on IT Dept. Camera 99 8 0.2 1 2 562 DVR, msec PING on Engineenna 3Com 99.9 0 1 1 3 562 2924SFP 2, msec HTTP(S) on 99 9 0 1 265 495 18002 www co mclennan tx us, msec PING on CCIDOCKET, 99.9 0. 1 1 3 1732 msec
PING on RECORDER-APP, 99 9 0. 1 1 3 1732 msec
PING on DA Office CDA1 , 99 9 0. 1 1 4 1732 msec PING on RECORDER-DB, 99 9 0.1 1 3 1732 msec PING on cartearaph34, 99.9 0. 1 1 9 1763 msec
PING on cartearaph2, msec 100 0 0 0 1 9 1981
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PING on archives2, msec 100 0 0 0 1 8 1591 PING on 172 16 10 1 msec 100.0 0 0 1 2 4243 PING on JP2 Adtran Router, 100.0 0 0 1 13 562 msec Disk space D on MCLNFS, 100.0 0.0 5191 5356 5492 MB
Disk space C on MCLNFS, 100.0 0.0 334 2155 2186 MB Disk space E on MCLNFS, 100 0 0.0 1150 2908 4336 MB Disk space F on MCLNFS, 100 0 0.0 10786 11319 11739 MB
edit footer] Generated on 1/ 82015 12:03' 54 PM by IPHost Network Monitor Version 3 0, build 4458
FILED. JAN 2 0 2015
ANDY' HARWELL, County Clerk McLennan County Texas By Laude Cook OEPIJTY
http:// 172. 16.2. 250: 8084/ nms/ report?view= l& obj_ type= 6& obj_ id= 1& id= 1& start= 2014- 12-... 1/ 8/ 2015 ORDER ACCEPTING:
RECORDING OF MEETING NOTES RE: PROPERTY/ CASUALTY INSURANCE COMMITTEE
On this the 20 day of January, 2015, came on for consideration the matter of Property / Casualty Insurance Committee: Recording of Meeting Notes. 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 Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Recording be, and the same is hereby, accepted by unanimous vote. Insurance Committee Meeting Notes January 8. 2015 (a, 10: 30 a.m. Attendance: Todd Kisel, Isaac Garcia, Thomas Kerss, Commissioner Kelly Snell, Commissioner Ben Perry, Dustin Chapman, Ken Bass and Chrissy Brault
Workers Compensation
The highest area of claims is in Slips, trips and falls which consisted of 66 claims totaling 300,000. The second highest is soft tissue strains which consisted of 22 claims totaling 200,000. These claims are over a 3 year period. (Garcia will get numbers by dept. to the committee once 2014 numbers fmish coming in).
Last year McLennan County' s Workman' s Comp modifier was .97 and this year it is . 84.
The way to reduce these numbers, according to Garcia, is more training.
Auto Coverage
The loss in this category is very large because of the Physical Damage claims and Commissioner Perry questioned how to spend our money in this area to cover what is currently going over budget. For example, if a new Tahoe is totaled within its first year in service the cost to repair/replace is a huge expense. Todd explained that other counties will make it policy to cover the newer vehicles up to 4 years, then the resale values decrease and they roll off of the full coverage.
Todd also stated that we added coverage to the heavy equipment in the precincts. Commissioner Snell requested a copy of the lists so that each precinct could decide what they would want to individually take off.
Note: if we add an item during the year our cost does not increase until the following year.
Ways to help save in this department is driver training; although they do not give deductions for training the drivers are more prepared in situations.
Property Coverage
The County currently covers all buildings, including small buildings under$ 10, 000. It was questioned if we should even cover those buildings or if we should move the money to other assets. Todd explained that we could however if there was a large weather event and that building was not covered then the cost of debris removal, asbestos removal, etc. will NOT be covered. Also if there was a weather event then you might need that extra money to cover needs.
In 2013 the County spent$ 246,000 covering property
In 2014 the County renewed at$ 210,000 covering property. Another question that was raised was the coverage on the Courthouse. If we had a total loss the insurance amount would cover the replacement cost but if there was a partial loss would it cover the replication cost? Todd and Dustin will look into this.
Human Resource
Currently TAC is reviewing our policy to help improve it.
The areas of concentration that Commissioners and TAC mentioned are:
Hire, review, and termination
Harassment
Documentation Records
Job Descriptions
Law Enforecement
It was suggested that Thomas Kerss contact all law enforcement departments to help give ideas to create good policy.
Misc. Notes:
Inventory Management is an in house procedure but TAC could help with creating policy. Material Data Safety is something that Pct. Yards, MOB and MOE need to have a review course on. OSHA has new material safety sheets and labels. This would be a good training area.
1st, 1st Renewals: Workman' s Comp renews January Property renews July and all other policies renew September 30th Trainings: TAC will let Dustin know if they perform any training within the County so that we can put it on agendas for recording.
Next Steps
Set up training in the HR area for Documentation, harassment and Job descriptions. Todd will get with Diane to discuss these. Set up training in Risk Control for Slips, Trips and Falls and Hazard Waste. Garcia will set this up for a two hour training. Set up Workshop for Todd Kisel to present to the Court in March. Next Meeting with Insurance Committee and TAC will be June 4, 2015`att110: 30 a. m.
ACCEPTED B`( COMMISSIONERS COURT r- nnI+ TN b THIS '--- DAY OF A/d 2015 1^"' FILED JAN 2 0 2015 1 d'n J.A.' ANDY` HARWELL, County Clerk COUNTY JUDGE MieMran CootTPUTY ORDER APPROVING:
RATIFICATION OF PURCHASE/ DESIGNATION OF AUTHORIZED PURCHASER:
MAINTENANCE OF EQUIPMENT: RATIFICATION OF EXPENDITURE (AAMCO TRANSMISSION)
On this the 20 day of January, 2015, came on for consideration the matter of Ratification of
Purchase / Designation of Authorized Purchaser: Maintenance of Equipment: Ratification of
Expenditure( AAMCO Transmission). 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 Snell, Commissioner Gibson, Commissioner Jones and
Commissioner Perry. It is ordered by the Court that said Ratification of Purchase/ Designation of
Authorized Purchaser is, and the same is hereby, approved by unanimous vote. McLennan County Radio Shop
Memo
O: CononIssloness Court
iFromr Wayne carte, e.
Dater Jemmy 12, 2015
Re: RottficatIon P.O. 20/ 51475
Request Court ratify purchase order number 20151475( dated 1- 7-15) ARMCO Transmission For amount 825.00 repairs to rear aide Sheriff Unit 139.
Thank You Wayne Canaday
APPRO' ED BY COIAMISSONE S COU r THIS ' D- Y OF
COUNTY i c E
Page 1 titenr in Coues Purchasing 5th Street Purchase Order Waco,Waco, TXTX 76701 Fiscal Year Page Phone: 254-757-5016 2015 1 of I Fax: 254- 757-5068 ci RECEIVED
Accounts Payable AN 12 2015 20151475-00 McLennan County- Auditors 214 North 4th Street, Ste 100 COUNTY AUDITOR Waco TX 76701- 1366 Delivery must be made within doors of specified destination.
Sr V TITE C MAINTENANCE OF EQUIPMENT E AAMCO TRANSMISSION MCLENNAN COUNTY N 1328 S. VALLEY MILLS DRIVE H 623 WASHINGTON AVE. WACO TX 78711 WACO TX 76701 i D T R 0 PO Buyer: Garen Bowdoin Uti VeriforPhone Nut N- Vandoektx Number •• Requisitonf4hbor ' Athiery ReidigkoA;: 254-754-0388 15001532
r. ' Data Wowed Venda' Number "tO* R FMIQ t Method/ T* 1s Deiasd allkoea °'; 01107/2015 103628 Maintenance of Equipment r< Item . V r9 DelaCfPNANPa t No. a- t` Obi - MOM • u1Mt PrI 4 ,.. nitelnikRise- Rebuilt Rear End and Axles Uni The Above Purchase Order Number Must Appear On All Correspondence- Packing Sheets And Bills Of Lading Tax Identification Number:74-6002492
1 Rebuilt Rear End and Axles Unit 139 1. 0 Each 825.000 825.00 001- 10-050120400000. 025.00
001- 10-05-01204406000- 825.00
t 1
y
i By Director of Purchasing VENDOR COPY PO3ti 825.00 , 4. 11Ia'ti=
7 --11: ,• . , R WsT FIRST DATE we No. 1 32737 Rolf MCLENNAN COUNTY i1116115 9:38 M.'. .,. 11 1_ 1 Ji 1:_ Ali 214 N,4TH ST. SUITE 100 WACO in 76701 93125 4RTSW l32: a>•1'.'_•? imams'..:•; r. CO': J:.: a161. 1. 1. 111MIW•: i' : i:.. 14l. : i1. . i I::• C. i:/11-RIM 1%, i': 14= 1::;•:: I 2011 FORD CROWN WHITE 2FABP7BV4BX125437 1123734 a PROD DATE DRIVE CELLPIQUE WO 12110 4.6 1 RWD 254-757-5190 HIT NUMBER EMAL ADDRESS 0 28411 TD11AAMCO.COM Titer, Inc. LEAD SOURCE 1328 S. Valley Mills Dr PREVIOUS CUSTOMER Waco, TX 76711 264464.0388 INTERNATIONAL TRANSMISSIONS CUSTOMER SEROC E 201 GERA TAA ROAD HORSHM PA 19044 A Q nc o Lea TOLL FREE 500) 5230401Ot An Independently Owned And Operated ARMCO Center MINIM 131111 SU
ARMCO MULTI-POINT INSPECTION AUTHORIZATION: BY: OWNER DATE 1/ 612015 TIME: 918:58 AM FROM. CUSTOMER
c DESCRIPTION OF PROBLEM- CHECK DRIVEUNE FOR NOISE— UNITS 139 8 POO 20151475
SP SEPARATE WARRANTY TERMS& CONDITIONS APPLY TO EACH SERVICE. ASK THIS INDEPENDENTLY OWNED& OPERATED ARMCO CENTER FOR A COPY OF THE WARRANTY TERMS THAT APPLY TO THE FOLLOWING SERVICE(S) AT THIS CENTER
9 OTHER
LABOR TO REPLACE AU. BEARINGS 4 SEALS IN REAR DIFFERENTIAL INCWDMIG AXLE BE GIS& SEALS AND REFILL 450.00
m. ; 1. ,_ a' 12200 2 NEW REAR Atp.F L ASSEMBLIES z... r
1 RING 8 6EA T r. r ii, - 188.94 NEW REAR DIFfERENTYWBE1 A . s NEW 751140 8 ITHETIC Oi AR` iL- F11 11ANUFAC I Rl9tS 8PE CIF T N$ r 68.0& 46 AUTHORIZAT1ON BY: RON DATE: 1t#M : 10:20 F12OIUf: TIANVERIFICATION: PHONE yr - -- -, -: 0-- tl• - , - 24,=-; : . I _ I,.,, t' IF YOU ARE W1TT6N 40 MILE OR 10G, YOU* RETUR H1CLE TOARMCO CENTER INHERE WARRANTY WAS ISSUED.
I- d a r 0 P a
IA 450 00 dreamt 16 VOWS MI IO wawa" TOTAL LAM 1 375 00 ' 1111111111118111 Total Car Can TOTAL PARRS PM . 00 UIIIL0.00 ISSISTM. 0 00 PAM 375 00 UM 450 00 MOM 825 00 AX n5 00 NOTICE PURSUANT TO SECTION 70.001 TEXAS PROPERTY CODE: I AM THE PERSON. OR AN AGENT ACTING ON TAX 0.00 PERSON, OBLIGATED PAY FOR THE REPAIR OF THE MOTOR VEHICLE SUBJECT TO BEHALF OF THE WHO IS TO TOTAL 825.00 THIS REPAIR CONTRACT. I UNDERSTAND THAT THIS VEHICLE IS SUBJECT TO REPOSSESSION IN ACCORDANCE WITH SECTION 9.500, TEXAS BUSINESS IL COMMERCIAL CODE. IF A WRITTEN ORDER FOR PAYMENT FOR Y REPAIRS OF THE VEHICLE IS STOPPED, DISHONORED BECAUSE OF INSUFFICIENT FUNDS, NO FUNDS, OR BECAUSE THE DRAWER OR MAKER OF THE ORDER HAS NOT ACCOUNT OR THE ACCOUNT OF WHICH IT IS DRAWN HAS BEEN CLOSED.
PERSON RESPONSIBLE OR AGENT' _ CUSTOMER'S SIGNATURE:
1"
PAGE 1 OF 1 FILED JAN 2 0 2015
J.A.' ANDY' HARWELL, County Clerk McLennan County Texas y Lune Cook DEPUTY REMAINS LIFTED:
AUTHORIZATIONS RE: BURN BAN IN THE UNINCORPORATED AREAS OF MCLENNAN COUNTY
On this the 20 day of January, 2015, came on for consideration the matter of Authorizations re: Burn Ban in the Unincorporated Areas of McLennan County. Commissioner Jones made a motion to keep the burn ban lifted, and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorizations re: Burn Ban in the Unincorporated Areas of McLennan County be, and the same is hereby, approved unanimous vote. ORDER APPROVING:
AUTHORIZATION OF DECEMBER 2014 BILLINGS, REPORTS/ INFORMATION RE: THE ON-SITE SEWAGE FACILITY( O.S. S.F.) PROGRAM
On this the 20 day of January, 2015, came on for consideration the matter Regarding the On- Site
Sewage Facility ( O. S. S. F.) Program: Authorization of December 2014 Billings, Reports / Information. 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 Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. 60,•PoREVENT. pko 1 • • . ec. WacoMcLennan County Public Health District David Litke, Program Administrator ert, 225 W. Waco Drive, Waco, Texas 76707 WACO- MCLENNAN COUNTY Phone 254- 750-5464 Public Health District Fax: 254/ 750- 5424 [email protected]
January 14, 2015
City ofBelimead Honorable Judge Scott M. Felton
City ofBeverly Hills McLennan County Judge P. O. Box 1728 City ofBruceville-Eddy Waco, TX. 76703- 1728 City ofCrawford
Reports, and Information for the O. City of Gholson Monthly Billing, S. S. F. Program— December 2014
City ofColinda
City of Hallsburg In accordance with the cooperative agreement for the O.S. S. F. Program, enclosed is the
City of Hewitt monthly billing statement for December 2014. Enclosed documents include:
City ofLacy-Lakeview The statement of account. City ofLeroy A detailed line item expense report.
City ofLorena The monthly TCEQ Activity Report( OARS AA monthly report)
City ofMart The monthly health district activity report A chart showing the number of applications processed to date for each month of City ofMcGregor fiscal year 2014- 15. The fiscal year permit revenue projection assumes 250 permit City ofMoody applications processed for this year( an average of 21 per month).
City ofRiesel Applications received (31) is above the number projected (21). City ofRobinson
City of Ross
City of Waco If you have any questions, please feel free to contact me at 750-5465.
City of West
City of Woodway Sincerely,
McLennan County
r David Litke, R.S. APPRQ.YED BY COt•9AAISSIONERS COU Y OF JAN 20 Program Administrator THIS
COUNTY E Enclosures
cc: Janice Andrews, Director of Fiscal Services Stan Chambers, McLennan County Auditor s
STATEMENT OF ACCOUNT PAGE 1
ICity of Waco- Finance Department P. O. Box 2570 Waco, TX 76702- 2570
254) 750- 5758
10 DATE: 1/ 01/ 15 TO: MCLENNAN COUNTY-- OSSF STAN CHAMBERS 214 N. 4TH STREET,--- SUITE 100 " -- WACO, TX 76701- 1366
CUSTOMER NO: 4220/ 5884 TYPE: GF - General Fund Miscellaneou
CHARGE DATE DESCRIPTION REF- NUMBER DUE DATE TOTAL AMOUNT
12/ 01/ 14 BEGINNING BALANCE 12, 237 . 13 1 GFOSS 12/ 31/ 14 REIMBURSEMENT OSSF EXPENS 1, 129. 08 li December 2014 0 0101 is 94, 1- 6,-- i 2D.,231- i3 a 1
current over 30 over 60 over 90 i 3-936. 31
DUE DATE: 1/ 26/ 15 PAYMENT DUE: 1-3; 3-&th21 1 TOTAL DUE: 1r,3& 21 . 1 0. 7. 9. 4
1; I PLEASE DETACH AND SEND THIS COPY WITH REMITTANCE il I, DATE: 1/ 01/ 15 DUE DATE: 1/ 26/ 15 NAME: MCLENNAN COUNTY-- OSSF PiCUSTOMER NO: 4220/ 5884 TYPE: GF - General Fund Miscellaneou
REMIT AND MAKE CHECK PAYABLE TO: CITY OF WACO FISCAL SERVICES P 0 BOX 2570 WACO TX 76702 P I TOTAL DUE: 1- 3.6- -- 21
5 ; I, Jlc)L9 -oW City of Waco, Texas 2014-2015 Environmental Health: On- Site Sewage Facilities Program
Fiscal Year
Account Description December to Date EXPENDITURES
201- 5109- 581. 11- 01 Supervision- regular 4, 717. 66 13, 291. 08
201- 5109- 581. 12-01 Clerical and professional- regular 2, 253. 92, 5, 972. 89 201- 5109- 581. 12-02 Clerical and professional- overtime
201- 5109- 581. 13-01 Labor operations- regular 6, 162. 40 17, 770. 36 201- 5109- 581. 13-02 Labor operations-overtime 201- 5109-581. 16-01 Temp pool 201- 5109- 581. 21- 01 Health insurance 1, 700. 52 4, 506. 13 201- 5109- 581. 21- 02 Life Insurance 16. 60 43. 99 201- 5109-581. 22-00 Social security- medicare 931. 02 2, 637. 74 201- 5109- 581. 23-00 Pension 1, 787. 52 5, 040.34 201- 5109- 581. 26- 00 Worker's comp 307. 74 877. 10 201- 5109- 581. 28-00 Dues and memberships 201- 5109- 581. 31- 00 Special services 201- 5109- 581. 31- 05 Special services 201- 5109- 581. 44-01 Rent of City Facilities 201- 5109- 581. 48-01 Maintenance of equipment 201- 5109- 581. 48-03 Maintenance- vehicle parts 201- 5109- 581. 48-05 Maintenance-vehicle- outside 201- 5109- 581. 48- 10 Maintenance-misc 201- 5109- 581. 48- 15 Maintenance-other 201- 5109-581. 51- 00 Property insurance 201- 5109- 581. 52- 00 Auto liability 1, 496. 00 1, 496.00 201- 5109- 581. 53-00 General liability 1, 787. 00 1, 787.00 201- 5109- 581. 56-00 Communications 49. 85 127. 20
201- 5109- 581. 56-02 Communications- cellular phones 46. 74 140. 22 201- 5109- 581. 57-01 Promotions 201- 5109- 581. 58-00 Travel- Training 201- 5109-581. 59-01 Hire of equipment 538. 02 850.21
201- 5109- 581. 61- 01 Office supplies 291. 85 524. 75 201- 5109-581. 61- 02 Minor tools 201- 5109- 581. 61- 03 Non-expendable 201- 5109- 581. 61- 04 Software 201- 5109- 581. 61- 05 Wearing apparal 201- 5109-581. 61- 10 Supplies-Other
201- 5109- 581. 63-01 Gasoline-diesel- oil 132. 24 452. 38 201- 5109- 581. 63-03 Lubricants 201- 5109- 581. 85-01 Principal- Vehicle 201- 5109-581. 85-02 Interest-Vehicle 22, 219.08 55, 517. 39 REVENUES OSSF Program Fees 21, 090. 00 48, 400. 00 Revenues less Expenditures 1, 129. 08) ( 7, 117. 39) County Approved Budget 58, 433. 00
County Payments Billings from City 7, 117. 39 Payment to City 5, 988. 31
Balance( overpayment) 1, 129.08 OARS AA Monthly Report- December 25 2014
I Account Number: 620132
Authorizations to Construct 25
Disposal System Types
Absorptive Mounds Gravel- less Pipe Pumped Effluent
Drip Irrigation Leaching Chambers 3 Standard Trenches/Beds
Evaptranspiration Beds Low Pressure Dosing 4 Surface Applications 18
EZ Flow systems PTI Systems Other
Subtotal 0 ; Subtotal 7 Subtotal 18
I I— Monthly Enforcement Activity !
Complaints Received 9 ' Violations Issued: Nuisance ' 20 Violations Issued : Other 85
Complaints Investigated 9 Court Cases Filed: Nuisance 0 Court Cases Filed: Other 0
Court Convictions: Nuisance 0 Court Convictions: Other ' 0 WACO McLENNAN COUNTY PUBLIC HEALTH DISTRICT OSSF MONTHLY REPORT- DECEMBER 2014
m /, o/ o m v o vnv Processed Construct Written m" osuoptenn«molv«m m. msti3ated Resolved _
7- -- - of Clients :# of Clients # v' ooent:* of Clients II of oomnts _ # vrcomntv __ moo.
Units of S»" Units of Seri of Se Units of Ser Units of Service ' Units of Service '- U? its.of Service City of: omnm* uu __ r
Beverly Hills_ . oruuevme Eddy --_'__---'-'_- 1_--- 1 1 1
Crawford- muplson _'-- 1 __ I--- 1- 2-'_--- | ammdw-_ __ i-_' | I -- _-----_-' xallsb_u_s'--_-_ 1 '---___ '
Hewitt
Lakeview
Leroy r------
Lorena 1 o o| —
Mart I______
McGregor L'_ ..
C, uv PCT 5 3 4 2 16 15 _
County PCT u 1 -'' 1 _' --_- 1___-_ --_--_.- 1-_--' - 17 e
County PCT 3 9 9 _ _ . 0 5 _ m y _
County PCT 4 : 12 9 ' 923 35 29
Moody niegnL __ _ 1_ ____ c o.
Robinson 1 5 ____ _ 3_ ___
Ross
Waco 2 2 1 3 1 _
West- _-_ wpomwav
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III. CONSIDERATION OF, AND/OR ACTION ON, THE FOLLOWING:
L. CONSENT AGENDA ITEMS:
3. Human Resources/ Salary Matters: Benefits/ Status Forms/ Revisions to Salary Schedules; Authorizations Regarding Human Resources Issues/ Revisions to Human Resources Policies; Compensation/ Classification Issues/ Personnel Reviews/ Reclassifications/ Administrative Guidelines; Consultant Reports/ Recommendations, Job Descriptions/ Postings
a. Maintenance of Buildings: Discussion and/ or Action regarding Held in Executive Replacement of Facilities Director Session
b. Constable, Precinct 1 Deferred Proposed Salary Changes)
Approved Payroll Status Forms) 6. Acceptance/ Non Acceptance ofOfficials/ County Department Head/ Staff/ Organization Reports/ Updates; Policy Recommendations; Reports relative to County Contracts/ Agreements/ Programs; Recording of Educational or Insurance Certificates/ Awards/ Bonds/ Recording of Conflict Disclosure Statements, Presentations to the Court
d. National Weather Service: Presentation of StormReady Certificate Information Only See after B.)
CD-313, 11: 31 ORDER DEFERRING:
CONSTABLE, PRECINCT 1 RE: HUMAN RESOURCES/ SALARY MATTERS
On this the 20 day of January, 2015, came on for consideration the matter of Human Resources / Salary Matters: Constable, Precinct 1. After discussion, Commissioner Gibson made a motion to defer and it was seconded by Commissioner Perry. After further discussion, a vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization re: Proposed Salary Changes be, and the same is hereby, deferred by unanimous vote. ORDER APPROVING PAYROLL STATUS FORMS:
CONSTABLE, PRECINCT 1
On this the 20 day of January, 2015, came on for consideration the matter of Payroll Status Forms: Constable, Precinct 1 ( 2 forms). Commissioner Perry made a motion to approve L. 3. b. 2. and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Payroll Status Forms be, and the same are hereby, approved by unanimous vote. RECEIVED RECEIVED T McLennan County, Texas r 1r2 - PAYROLL STATUS FORM JAN 152015 AN CO. v n jU ` AST NAME FIRST NAME MI EMPLOYEE ID NO EQA`PE rE
44' JO/.,' / R- L / 2. l lS
New Hire Promotion R''eclassification Lateral Move Separation from Q Other Demotion Salary Adjustment Merit Increase County Employment FULLTIME EMPLOYEES SALARY SCHEDULE FOR POSITION SOUGHT ACTUAL SALARY
EXISTING PROPOSED REVISION FROM TO
Job Title A?. C.,,s, c ' p 7,, 44A Jy4 6 cjc1/ e Job Code Number A A14. ( 0525 05 2S oSLS Department Name Cd o// ,. dJ. / ( Iv-Ph, " I- / 6,-,J75679, / Position Number 2-. 3 L 3 fL z.3 System 8 Grade 1
Monthly Amount 3 7 / Jc 9/ 3 3 3 3- ZS 3///. 5 D
Annual Amount r c/f BV, 0 0 f/-rrj 0 0 5- DO 37 3 4? • 0 0
Salary Survey- Min o - . 2 7 1, 27 o 3. Yol-' FLSA STATUS Salary Survey- Mid Exempt DATE OF HIRE 3 s71- 0 Y 3$' 2 . D 7 Non- Exempt? Salary Survey- Max 51‘ 1 2 / 45 110190 2 it tP0 , 2 2 HOURLY EMPLOYEES DEPARTMENT NAME HOURLY RATE The Commissioners' Court annually sets the standard rate for hourly employees. Commissioners' Court approval of this form is only necessary if the hourly pay rate stated exceeds the standard rate. Call the HR Dept for the standard rate. ACCOUNT CODING (For County Auditor' s Use) FUND COST CENTER OBJECT PROJECT, MONTHLY SALARY PERCENTAGE
Total 100.00% APPROVALS (See Note 1)
DEPARTMENT HUMAN RESOURCES COUNTY AUDITOR COMMISSIONERS' COURT
A line rte dget transfer This proposed action Approved 0 is is not I hereby approve the above s O is not Accepted if approved by within the established guidelines Denied action. Commissioners' Court. of McLennan County.Y See attached, if required Date C// X Mi V:i Note 1— Signature blanks should be marked N/ A if approval is not requ • d for this action No approval by the Commissioners' Court is required for actions affecting hourly employees, unless their hourly rate exceeds t' fiscal year' s adopted standard hourly rate. Separations from employment require only the departments approval as to effective date.
0 COMMENTS: BY: RECEIVED 11horo, 4/ of rlo„1 ac?' 0^- ecre cf Ao Qa%f' 4/7\ 0 , 6. y 4.p. piJ r', o- 1 4 4 / eJ 3 • 7X 4a, Ace),,',94, t J 7 f 2 J 7,/ G' JAN 15 2015
re/--G c 7ts' ,- 1 0 " c9Jr+O en, c1L , n-Scl k/. ' HIIMAN RESOURCES Onginal— County Clerk Green— Treasurer Canary— Human Resources Department Goldenrod— Onginating Department ynCommd6C I
dam- r, twz } t: I„.,.l. . titit r- ,: 1., p i 1' i is at p l i tt, --: , vit
cq.T€x_AS
Walt Strickland Constable, Pct. 1 Office: (254) 757- 5026 501 Washington Avenue, Suite 101 Fax: ( 254) 757- 5056 Waco, Texas 76701
AFFIDAVIT REGARDING APPOINTMENT OF DEPUTY CONSTABLE
In accordance with the LOCAL GOVERNEMENT CODE, CHAPETER 86 - CONSTABLE, SUBCHAPTER B - DEPUTIES, SECTION 86.011, APPOINTMENT OF DEPUTY CONSTABLE, I have submitted a written application to Commissioner' s Court, including the name of the proposed Deputy, April R. Lingo, showing it is necessary to appoint a Deputy in order to properly handle the business of this office that originated in this precinct.
I, Constable Walt Strickland, affirm that proposed Deputy April R. Lingo qualifies to be a Deputy Constable in the manner provided for Deputy Sheriffs according to LGC, Section 86.011( b) and the Current Rules, Texas Administrative Code, Title 37 - Public Safety, Part VII- Texas Commission on Law Enforcement, is in good standing and will take and subscribe the Official Oath before beginning to perform the duties of this office.
Walt Strickland, Constable Pct. 1
i Date: of - / 2 -/ 5 aF'” ie y, 6 x
i ''
JAN 1 3 2015 ci'o,1ex_As
l Jf WG llrt ,; LO: Walt Strickland Constable, Pct. 1 Office: (254) 757- 5026 501 Washington Avenue, Suite 101 Fax: ( 254) 757- 5056 Waco, Texas 76701
12, ' Date: -.5-6,4. 24 i
To: Commissioner' s Court
From: Walt Strickland, Constable Pct. 1
Dear Commissioners:
I am submitting April R. Lingo to fill the Deputy Constable position in my office to be effective
02/ 02/ 2015.
April R. Linigo meets all statutory requirements in accordance with the Local Government Code, Chapter 86 - Constable, Subchapter B - Deputies, Section 86.011, Appointment of Deputy
Constable.
Thank you for your cooperation in this matter.
Sincerely,
Walt Stick . 1 4, onstable Pct. 1 ei 4- 0 ei tC)
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1 N C d . 0 0 0 0 0 0 0 0 0 0 0 M 1` o - 4, 00000000000 C al 00 CO N 00 00 ri 00 Oi 00 N 00 N 0 Q >` ' C3 M M N M 01 N er M ‘-- I M on Cd O m 00 l0 M u1 (. 0 ce M N M ei m 0 U 1\ e- I o0 1\ Mr 00 01 1\ 01 N N 0 6 M m. M et cr M ei M O) N
0 C N C Q O a E cu a v LU LU w W W W W W W 0) CJ m C0 m m 030303 CO 03 m N 0 I- v t-+L I-- H H H H H H I-- < u) N N u) V) N N u) U) C) 7 0 0 0 0 0 0 0 0 0 N .~W 0 z° o < O D U U U U U U U Cl 7c O o_C1 a 0o C CV cc DD = > O MM D cc 0 _Q O. W• W W W W w W W w f0 J 5- 13- 1 0 0 0 0 0 0 0 0 0 0 Q 2caT oi a
aim M o0 ei N M oO N M 2 15 O ei N N N N N 01 l0 l0 p C N Tr ct Mr Tr u) CO ei ei W , O m O 0 0 0 0 0 0 0 0 ei ei J 0 0 0 0 0 0 0 0 0 0 ti 0 C 0 0 0 0 0 0 0 0 0 0 O1 E N O O O O O O 0 O O 0 L a) 0. 0000000000 ei ei ei ei ei ei ei ei a- 1 ei 0 O u RECEIVED
McLennan Texas RECEIVED AN 1 G r County,
CO. McLENNAN PAYROLL STATUS FORM JAN 15 2015 UO LAST NAME FIRST NAME MI EMPLOYEE IIYNUP\ I YE) IITI DATE
z / / S/ k- 1 la„ Cai1 73/// J 7 X. 0 New Hire Promotion Reclassification Lateral Move Separation from a Other Demotion Salary Adjustment Merit Increase County Employment FULLTIME EMPLOYEES
SALARY SCHEDULE FOR POSITION SOUGHT ACTUAL SALARY
EXISTING PROPOSED REVISION FROM TO
Job Title 1 , me CX,' D' o. ( o•rif7 e heie. 4? Cons Gee Ctr'cf s&_ C,n/ 1, 4 Ae ld// C' ns- 4. /e Job Code Number OS 2 6 0 52.5- O 5 2 ( z. S
Department Name 74 / Cn nSc e Coat 1/ 7 . J( QCI , ( 64/ -, CEnJT / 1 A/ / a,,.Riles,//- Position Number 5 z S 2 4 S 2- 54 S 2 (1L System A r4 Grade 2 ? 2 f
Monthly Amount 51/ 20 - 75 33 33. 75 3// I - 5 D Annual Amount 5/ 75q?- 00 f OOC•S. oO 7,33,0P- d D Salary Survey- Min 3/ 2 , 8 2 70 3 , di' FLSA STATUS Mid DATE OF HIRE Salary Survey- f 21 . 21 35 92 •D 7 Exempt Non Exempt Max Salary Survey- S i/ Z,L Vd90 - Z i 2 / / S HOURLY EMPLOYEES DEPARTMENT NAME HOURLY RATE The Commissioners' Court annually sets the standard rate for hourly employees Commissioners' Court approval of this form is only necessary if the hourly pay rate stated exceeds the standard rate. Call the HR Dept for the standard rate. ACCOUNT CODING (For County Auditor' s Use) FUND COST CENTER OBJECT PROJECT MONTHLY SALARY PERCENTAGE
Total 100.00% APPROVALS (See Note 1)
DEPARTMENT HUMAN RESOURCES COUNTY AUDITOR COMMONERS' COURT
A line ite budget transfer This proposed action Approved is is not I hereby approve the above ciljs is not Accepted if approved by within the established guidelines Denied action. Commissioners'Commissioners' CoCourt. of Mc • nnan County. See attached, if required. i7 Date
X C— - X ._ ..., i Note 1- Signature blanks should be ma ed N/ A if approval is not re., ired for this action. No approval by the Commissioners' Court is required for actions affecting hourly employees, unless their hourly rate exceeds e fiscal year' s adopted standard hourly rate. Separations from employment require only the departments approval as to effective date.
0 COMMENTS: BY: ECEIVED
aC o- Afii°roae1 Gr e ode 1 / ( 1,(.J - . 4 0f. jYon nu,, vlro 529 a
E.,- JAN 15 2015 r/cr I`e.4H( b vdreMa.,la.,, of -tom , af p, . 7k.- 4,0 me, 1/, J HUMAN RESOURCES q /, ed - ' J'-f . ce. 4r cq' r f r' ' s/ 1 . , SPe L7, c1( ia/- Onginal- County Clerk Green- Treasurer Canary- Human Resources Department Goldenrod- Onginating Department SOS if
f
9 4 I e• i.a: llii I PA- : , 11. 1,.:,, .' .— t.' r e - \:_:. 1 .:..,...nia .. „ I, 1. 4, 13ti ,' crai;. iliii: 4
Walt Strickland Constable, Pct. 1 Office: (254) 757- 5026 501 Washington Avenue, Suite 101 Fax: ( 254) 757- 5056 Waco, Texas 76701
AFFIDAVIT REGARDING APPOINTMENT OF DEPUTY CONSTABLE
In accordance with the LOCAL GOVERNEMENT CODE, CHAPETER 86 - CONSTABLE, SUBCHAPTER B - DEPUTIES, SECTION 86. 011, APPOINTMENT OF DEPUTY CONSTABLE, I have submitted a written application to Commissioner' s Court, including the name of the proposed Deputy, Candy A. Edinburgh, showing it is necessary to appoint a Deputy in order to properly handle the business of this office that originated in this precinct.
I, Constable Walt Strickland, affirm that proposed Deputy Candy A. Edinburgh qualifies to be a Deputy Constable in the manner provided for Deputy Sheriffs according to LGC, Section 86. 011( b) and the Current Rules, Texas Administrative Code, Title 37 - Public Safety, Part VII— Texas Commission on Law Enforcement, is in good standing and will take and subscribe the Official Oath before beginning to perform the duties of this office.
Walt Strick an., Constable Pct. 1
Date: 2 2 1 5 i f
Y_ V Q t.!. t*}'" ' ry 11 1 r f i ilea , -* r i' i11 - 11 -__ Tifi it ' a
JAN 1 3 2615 UTTC).0.TEXAS J]e,t_e n vOblEt,j,Qioi gC Walt Strickland Constable, Pct. 1 Office: ( 254) 757- 5026 501 Washington Avenue, Suite 101 Fax: ( 254) 757- 5056 Waco, Texas 76701
Date: ., .,, . %A
To: Commissioner' s Court
From: Walt Strickland, Constable Pct. 1
Dear Commissioners:
I am submitting Candy A. Edinburgh to fill the Deputy Constable position in my office to be effective 01/ 21/ 2015.
Candy A Edinburgh meets all statutory requirements in accordance with the Local Government Code, Chapter 86 - Constable, Subchapter B - Deputies, Section 86.011, Appointment of Deputy
Constable.
Thank you for your cooperation in this matter.
Sincerely, /
410
Walt Strickland, Constable Pct. 1 1241 li 9- O i La)
C_
C O F. U) O 0. L01 15 O N L
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0 0 0 0 0 0 0 0 0 0 0 L i"O O O O O o 0 0 0 0 0 to ui in o in in o ui ui r.i ui r; . on a C 0 0 0 0 0 In 0 0 .- I 0 01 ro 0 0 N 0 0 N 0 O r- O .- I ro O M O O O rn O O 1 O N a) U t v U N 2 W I- 3 y C. on ai ri in co a N N s i L O O O o 0 0 0 0 0 0 0 arM X00000000000 a) o.o ao r--: 00 00 4-. 1 o0 of 00 ni ao N 4-' > ' c co O m M N rn 01 N en e- 1 M CT d m en 00 tD M in lD et M N M .-- I o u r\ . I CO N tt 00 G1 f\ Q1 r- N N 3 M st M M . 1 M O C y C Q O O. E a) cu ' O W W W W W W W W W 4"' N a) m m m m m m m m m m o ' U 4 C I-- H H H H H H h u1 N V7 N N N H N to aJ j Z Z Z Z Z Z Z Z z c sk. O Q 000000000 U CV c2 + L U U U J n To
CVc°) Y r°, f6 C D D = = O > > > O m 0C Q% 10C - Q 0- D_ D_ 0_ 0_ 0_ D_ 0_ O. x c= w Z co W W W W W W W W J W ca O 0 0 0 0 0 0 O U 0 1 oc',aa U 0) m M 00 . i N M Cr Tr 00 N M a. aJ 0 4- I N N N N N 01 tD ti, 12 O ¢ C N C et 111 00 .-- I .- 1 d ( 0 0 0 0 0 0 0 0 0 0 .-I '- I J 0 0 0 0 0 0 0 0 0 0 LL 0 C 0 0 0 0 0 0 0 0 0 0 i 0 a, O 0 0 0 0 0 0 0 0 0 0 I . i r-1 .- I %- 1 .- 1 %- 1 e- I .- I e- 1 C O U The Court went to the Supplemental Agenda. SUPPLEMENTAL AGENDA: JANUARY 20, 2015
2. Authorizations re: Contracts/ Lease Agreements/ Interlocal Agreements:
a. Approval of Commercial Lease and related documents: Balcones Distilling, Approved LLC ( re: Portion of County Property Located at 305 S. 20th Street)
CD- 313, 11: 41 ORDER APPROVING:
AUTHORIZATIONS RE: CONTRACTS/ LEASE AGREEMENTS/ INTERLOCAL AGREEMENTS: APPROVAL OF COMMERCIAL LEASE AND RELATED DOCUMENTS: BALCONES DISTILLING, LLC (RE: PORTION OF COUNTY PROPERTY LOCATED AT 305 S. 20TH STREET)
On this the 20 day of January, 2015, came on for consideration the matter of Authorizations re: Contracts
Lease Agreements / Interlocal Agreements: Approval of Commercial Lease and related documents:
Balcones Distilling, LLC ( re: Portion of County Property Located at 305 S. 20th Street). After discussion, Commissioner Perry made a motion to approve the agreement with Balcones Distilling involving the County Garage pending any legal descriptions, drawings showing that portion of the building the County would use to be approved by the Judge and it was seconded by Commissioner Snell. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, 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 back to Regular Agenda. AGENDA: JANUARY 20, 2015
III. CONSIDERATION OF, AND/OR ACTION ON, THE FOLLOWING:
M. Commissioners Court Work Session: Information Gathering, Discussions, Status Reports/ Updates and/ or Presentations on any or all of the items listed below( no action will be taken by the Court on items presented in this part ofthe meeting): Discussion/ Suggestions regarding: Future Work Session Items
1. Discussion re: Criminal Justice Issues: Updates regarding Information Only the Electronic Monitoring Program, including Discussion on Expanded Program Services/ Coordinating the McLennan County Criminal Justice System/ Criminal Justice Process/ Creation of a Criminal Justice Work Group/ Discussion on Ways to Control of Jail Population/ Jail Magistrate/ Bail Bonds/ Indigent Defense Departments/ Pretrial Services/ Courthouse Security/ Video Conferencing Utilization/ DARE Program, Associate Criminal Judge Position, related matters
2. Discussion re: Capital Expenditures: including Discussion None Re: the Time Schedule for Capital Outlay/ Recommendations from the Finance Committee Regarding the Spending Policy/ Equipment Financing, related matters
3. Discussion re: County Property, including Discussion Re: Space None Availability and Utilization of County Buildings, Utilization Planning, Consultant and Matters Related Thereto/ Updates re: Maintenance of Hwy 6 or Downtown Jail/ Maintenance at Tradinghouse Lake/ Park/ Recommendations from Tradinghouse Lake/ Park Advisory Committee/ Property Casualty Insurance/ Discussion re: Space Availability, Records, Policies, and Upcoming Renewal/ Bid relative to Restland Cemetery and/ or Rosemound Cemetery/ County Parking Lots/ Extraco Events Center( Heart of Texas Coliseum) Moisture Intrusion Investigation/ Janitorial Service for County Buildings and Matters Related Thereto
4. Discussion re: Texas Department of Transportation: including None Discussion re: Rural/ Public Transportation and related matters
5. Discussion re: the County Website: including, but not limited to, None Improvements to Appearance and Information Access
6. Discussion re: Jury Pay Donation List None
7. Discussion re: McLennan County Group Health Plan: including None Discussion re: Expansion of Access of Medical Facilities, related matters
CD-313, 11: 46 INFORMATION ONLY:
COMMISSIONERS COURT WORK SESSION: INFORMATION GATHERING, DISCUSSIONS, STATUS REPORTS/ UPDATES AND/ OR PRESENTATIONS ON ANY OR ALL OF THE ITEMS LISTED BELOW NO ACTION WILL BE TAKEN BY THE COURT ON ITEMS PRESENTED IN THIS PART OF THE MEETING):
DISCUSSION RE: CRIMINAL JUSTICE ISSUES: UPDATES RE: THE ELECTRONIC MONITORING PROGRAM, INCLUDING DISCUSSION ON EXPANDED PROGRAM SERVICES/ COORDINATING THE MCLENNAN COUNTY CRIMINAL JUSTICE SYSTEM/ CRIMINAL JUSTICE PROCESS/ CREATION OF A CRIMINAL JUSTICE WORK GROUP/ DISCUSSION ON WAYS TO CONTROL OF JAIL POPULATION/ JAIL MAGISTRATE/ BAIL BONDS/ INDIGENT DEFENSE DEPARTMENTS/ PRETRIAL SERVICES/ COURTHOUSE SECURITY/ VIDEO CONFERENCING UTILIZATION/ DARE PROGRAM/ ASSOCIATE CRIMINAL JUDGE POSITION, RELATED MATTERS
On this the 20 day of January, 2015, came on for consideration the matter of Commissioners Court Work Session: Information gathering, discussions, status reports/ updates and / or presentations on any or all of the items listed below ( no action will be taken by the Court on items presented in this part of the meeting): Discussion / Suggestion regarding: Future Work Session Items. Discussion re: Criminal Justice Issues: Updates regarding the Electronic Monitoring Program, including Discussion on Expanded Program Services / Coordinating the McLennan County Criminal Justice System / Criminal Justice Process/ Creation of a Criminal Justice Work Group/ Discussion on Ways to Control of Jail Population / Jail Magistrate / Bail Bonds / Indigent Defense Departments / Pretrial Services / Courthouse Security /
Video Conferencing Utilization/ DARE Program/ Associate Criminal Judge Position, related matters. 1/ 16/ 2015
RECOVERY 1- leultlti an• Cn pu dtic
Recovery Healthcare Corporation
219 North 6th Street Suite100 Room 101 Waco, Texas 76701 Phone: 254- 300=4277
GPS Clients:
Judge Cates:
Clients: Enrollment: Status: Extra: Spedflcations: PO Date: LO Date:
12/ 5/ 2014 Indigent DP 1/ 17/ 2015 1/ 24/ 2015
11/ 12/ 2014 Indigent 1/ 15/ 2015 1/ 21/ 2015
1/ 9/ 2015 DP 2/ 20/ 2015 2/ 27/ 2015
12/ 11/ 2014 Indigent DP 2/ 7/ 2015 2/ 14/ 2015
12/ 1/ 2014 Indigent Scram RB 1/ 13/ 2015 1/ 23/ 2015
1/ 14/ 2015 Indigent 1/ 24/ 2015 1/ 30/ 2015
10/ 23/ 2014 Scram RB 3/ 14/ 2015 3/ 24/ 2015
1/ 15/ 2015 DP 2/ 5/ 2015 2/ 11/ 2015
12/ 18/ 2014 Indigent 1/ 29/ 2015 2/ 4/ 2015
12/ 12/ 2014 3/ 13/ 2015 3/ 19/ 2015
12/ 12/ 2014 Indigent 2/ 22/ 2015 3/ 2/ 2015
12/ 11/ 2014 Indigent 2/ 7/ 2015 2/ 17/ 2015
1/ 15/ 2015 Indigent 2/ 27/ 2015 3/ 5/ 2015
1/ 12/ 2015 DP 2/ 8/ 2015 2/ 15/ 2015
1/ 8/ 2015 Indigent DP 2/ 5/ 2015 2/ 12/ 2015
12/ 18/ 2014 Indigent 1/ 24/ 2015 1/ 30/ 2015
9/ 26/ 2014 Indigent DP 1/ 25/ 2015 1/ 31/ 2015
12/ 10/ 2014 DP 3/ 4/ 2015 3/ 10/ 2015
11/ 13/ 2014 Indigent DP 2/ 9/ 2015 2/ 15/ 2015
1/ 9/ 2015 DP 2/ 6/ 2015 2/ 12/ 2015
10/ 31/ 2014 3/ 7/ 2015 3/ 13/ 2015
12/ 30/ 2014 2/ 25/ 2015 3/ 3/ 2015
1/ 8/ 2015 Indigent DP 4/ 6/ 2015 4/ 12/ 2015
1/ 15/ 2015 Indigent 2/ 5/ 2015 2/ 11/ 2015
12/ 5/ 2014 Indigent 3/ 1/ 2015 3/ 7/ 2015 Judge Freeman:
1/ 2/ 2015 Indigent DP 4/ 10/ 2015 4/ 19/ 2015
Felony:
Condition of Bond:
1/ 6/ 2014
11/ 15/ 2013
7/ 18/ 2014
10/ 6/ 2014 Indigent
8/ 11/ 2014
9/ 8/ 2014
5/ 28/ 2014 Indigent
Pretrial Intervention Program:
CSCD:
No Payout/ Layout Dates** Judge: PO:
12/ 16/ 2014 Johnson JMG
10/ 15/ 2014 Johnson DAJ
11/ 17/ 2014 Strothers JCH
12/ 8/ 2014 Freeman WMB
Out of State:
Judge Holmes: No Payout/ Layout Dates**
SCRAM Clients:
Judge Cates:
Clients: Enrollment: Status: Extra: Specifications: PO Date: LO Date:
12/ 1/ 2014 Indigent Scram RB 1/ 13/ 2015 1/ 23/ 2015
10/ 23/ 2014 Scram RB 3/ 14/ 2015 3/ 24/ 2015 Judge Freeman:
C cents: Enrollment: Status: Extra: Specifications: PO Date: LO Date:
Pretrial Intervention Program:
9/ 10/ 2014 UA 6/ 10/ 2015 6/ 16/ 2014 3/ 16/ 2015
12/ 22/ 2014 6/ 20/ 2015
12/ 3/ 2014 12/ 3/ 2016
9/ 22/ 2014 9/ 9/ 2015
12/ 19/ 2014 6/ 17/ 2015
12/ 10/ 2014 2/ 10/ 2015
11/ 19/ 2014 2/ 19/ 2015
11/ 7/ 2014 11/ 16/ 2016
7/ 8/ 2014 1/ 5/ 2015
Out of State:
Juvenile 5/ 13/ 2014
Felony:
Drug Patch Clients: Judge Cates:
Clients: Enrollment: Status: Extra: Specifications: PO Date: LO Date:
12/ 5/ 2014 Indigent DP 1/ 17/ 2015 1/ 24/ 2015
1/ 9/ 2015 DP 2/ 20/ 2015 2/ 27/ 2015
12/ 11/ 2014 Indigent DP 2/ 7/ 2015 2/ 14/ 2015
1/ 15/ 2015 DP 2/ 5/ 2015 2/ 11/ 2015
1/ 12/ 2015 DP 2/ 8/ 2015 2/ 15/ 2015
1/ 8/ 2015 Indigent DP 2/ 5/ 2015 2/ 12/ 2015
9/ 26/ 2014 Indigent DP 1/ 25/ 2015 1/ 31/ 2015
12/ 10/ 2014 DP 3/ 4/ 2015 3/ 10/ 2015
11/ 13/ 2014 Indigent DP 2/ 9/ 2015 2/ 15/ 2015
1/ 9/ 2015 DP 2/ 6/ 2015 2/ 12/ 2015
11/ 7/ 2014 DP 2/ 12/ 2015 2/ 18/ 2015
1/ 8/ 2015 Indigent DP 4/ 6/ 2015 4/ 12/ 2015 Judge Freeman:
Clients: Enrollment: Status: Extra: Specifications: PO Date: LO Date:
1/ 2/ 2015 Indigent DP 4/ 10/ 2015 4/ 19/ 2015
Felony:
Pretrial Intervention Program:
12/ 19/ 2014 12/ 19/ 2016
Soberlink Clients:
Judge Cates:
Clients: Enrollment: Status: Extra: Specifications: PO Date: LO Date:
Judge Freeman:
Clients: Enrollment: Status: Extra: Specifications: PO Date: LO Date:
Pretrial Intervention Program:
10/ 22/ 2014 10/ 22/ 2015
12/ 29/ 2014 12/ 29/ 2016
Felony:
UA Clients:
Judge Cates:
Clients: Enrollment: Status: Extra: Specifications: PO Date: LO Date: Judge Freeman:
Clients: Enrollment: Status: Extra: Soecificatlons: PO Date: LO Date:
Pretrial Intervention Program:
10/ 14/ 2014 lx a Month 10/ 14/ 2015
9/ 10/ 2014 lx a Month 6/ 10/ 2015
8/ 22/ 2014 lx a Month 6/ 10/ 2015
8/ 13/ 2014 lx a Month 8/ 13/ 2015
5/ 9/ 2014 lx a Month 5/ 9/ 2015
12/ 18/ 2013 2x a Month 12/ 18/ 2014
6/ 30/ 2014 lx a Month 3/ 30/ 2015
12/ 16/ 2014 lx a Month 12/ 16/ 2015
6/ 20/ 2014 lx a Month 1/ 20/ 2015
1/ 15/ 2015 lx a Month 1/ 15/ 2016
4/ 16/ 2014 lx a Month 1/ 20/ 2015
10/ 8/ 2014 lx a Month 3/ 8/ 2015
12/ 2/ 2014 2x- 6mths, lx- 61 12/ 2/ 2015
8/ 29/ 2014 lx a Month 8/ 29/ 2015
12/ 9/ 2014 lx a Month 12/ 9/ 2015
11/ 21/ 2014 lx a Month 11/ 21/ 2016
6/ 19/ 2014 lx a Month 12/ 19/ 2014
2/ 4/ 2014 lx a Month 2/ 4/ 2015
10/ 31/ 2014 2x a Month 4/ 30/ 2015
7/ 22/ 2014 lx a Month 1/ 22/ 2016
10/ 16/ 2014 lx a Month 8/ 16/ 2015
12/ 9/ 2014 lx a Month 12/ 9/ 2015
6/ 20/ 2014 lx a Month 6/ 20/ 2015
4/ 17/ 2014 lx a Month 4/ 17/ 2015
5/ 8/ 2014 2x a Month for 6 5/ 8/ 2015
2/ 4/ 2014 lx a Month 2/ 4/ 2015
9/ 3/ 2014 lx a Month 2/ 3/ 2015
7/ 31/ 2014 lx a Month 1/ 31/ 2015
11/ 20/ 2014 lx a Month 6/ 21/ 2015
11/ 3/ 2014 lx a Month 11/ 3/ 2015
1/ 14/ 2015 lx a Month 1/ 14/ 2016
9/ 9/ 2014 lx a Month 9/ 9/ 2015
7/ 14/ 2014 lx a Month 1/ 14/ 2015
8/ 14/ 2014 lx a Month 5/ 14/ 2015
4/ 9/ 2014 lx a Month 1/ 9/ 2015
8/ 12/ 2014 lx a Month 8/ 12/ 2015
9/ 3/ 2014 lx a Month 2/ 3/ 2015
11/ 4/ 2014 1x a Month 11/ 4/ 2015 10/ 16/ 2014 lx a Month 1/ 16/ 2016
8/ 22/ 2014 lx a Month 5/ 22/ 2015
8/ 6/ 2014 lx a Month 8/ 6/ 2015
10/ 28/ 2014 2x a Month 4/ 28/ 2015
10/ 31/ 2014 lx a Month 4/ 30/ 2015
10/ 31/ 2014 lx a Month 10/ 31/ 2015
5/ 23/ 2014 lx a Month 2/ 23/ 2015
4/ 9/ 2014 lx a Month 1/ 9/ 2015
1/ 7/ 2015 lx a Month 1/ 7/ 2016
Felony:
Double Clients:
Judge Cates:
Clients: Enrollment: Status: Extra: Specifications: PO Date: LO Date:
12/ 5/ 2014 Indigent DP 1/ 17/ 2015 1/ 24/ 2015
1/ 9/ 2015 DP 2/ 20/ 2015 2/ 27/ 2015
12/ 11/ 2014 Indigent DP 2/ 7/ 2015 2/ 14/ 2015
12/ 1/ 2014 Indigent Scram RB 1/ 13/ 2015 1/ 23/ 2015
10/ 23/ 2014 Scram RB 3/ 14/ 2015 3/ 24/ 2015
1/ 15/ 2015 DP 2/ 5/ 2015 2/ 11/ 2015
1/ 12/ 2015 DP 2/ 8/ 2015 2/ 15/ 2015
1/ 8/ 2015 Indigent DP 2/ 5/ 2015 2/ 12/ 2015
9/ 26/ 2014 Indigent DP 1/ 25/ 2015 1/ 31/ 2015
12/ 10/ 2014 DP 3/ 4/ 2015 3/ 10/ 2015
11/ 13/ 2014 Indigent DP 2/ 9/ 2015 2/ 15/ 2015
1/ 9/ 2015 DP 2/ 6/ 2015 2/ 12/ 2015
11/ 7/ 2014 DP 2/ 12/ 2015 2/ 18/ 2015
1/ 8/ 2015 Indigent DP 4/ 6/ 2015 4/ 12/ 2015
Judge Freeman:
Clients: Enrollment: Status: Extra: Specifications: PO Date: LO Date:
1/ 2/ 2015 Indigent DP 4/ 10/ 2015 4/ 19/ 2015
Felony: Totals:
House Arrest Clients Only***
Judge Cates:
Total GPS: 25
Total SCRAM: 2
Total Soberlink: 0 Total Drug Patch: 12 Total UA: 0
Total Double Clients: 14
Total Clients Referred: 25 Total Indigent Clients: 16
Total Clients in lieu of jail: 25
Judge Freeman:
Total GPS: 1 Total SCRAM: 0 Total Soberlink: 0 Total Drug Patch: 1 Total UA: 0 Total Double Clients: 1
Total Clients Referred: 1 Total Indigent Clients: 1
Total Clients in lieu of jail: 1
Felony:
Total Indigent clients: 1
Judge Holmes:
Total Indigent clients: 0 Overall Totals:
Total GPS( Sheriff): 28 Total GPS( CSCD): 4 Total GPS( Juvenile): 5 COB= Condition Of Bond Total GPS( Other Counties): 0 Total GPS( COB): 7 PTIP= Pretrial Intervention Program Total GPS( PTIP): 0 Total GPS( Child Support): 0 Total GPS( Felony) 0 Total SCRAM: 58 Total Clients in lieu if jail( County)= Total SCRAM( Sheriff) 2 Sheriff, CSCD, COB, PTIP, Child Support, Total SCRAM( Sheriff-HA) 0 Felony and SCRAM( Sheriff-HA). Total SCRAM ( PTIP): 10 Total SCRAM ( Felony): 0 Total Clients in lieu if jail( AM= Total Soberlink: 13 County+ Juvenile+ other counties
Total Soberlink( Sheriff): 0
Total Soberlink( PTIP): 2 Total Soberlink( Felony): 0 Total Drug Patch( In): 0
Total drug Patch( out): 1 Total SCRAM ( Sheriff-HA)= House Arrest- No GPS Total Drug Patch( Sheriff): 13 Total DP& UA( in& out) means-in county and out Total Drug Patch( PTIP): i of county Total Drug Patch( Felony): 0 Total UA( in): 0 Total Clients in McLennan County= Total UA( out): 2 All GPS( in county), All SCRAM, Total UA( Sheriff): 0 All Soberlink, All Drug Patch, All UA Total UA( PTIP): 47 Does not include double clients** Total UA( Felony): 0 Total Double Clients: 15 Total Clients All= All GPS, SCRAM, Soberlink, Drug Patch and UA clients. This also included double clients.
Total Clients in lieu if jail( County): 39 Total Clients in lieu if jail( All): 44
Total Clients in McLennan County: 190 Total Indigent Clients: 18
Total Clients W/ Double clients: 205 Total Clients( All): 208
FILED: JAN 2 0 2015
J A - ANDY" HARWELL, County Clerk McLennan County Texas By Laurie Cook EPUTY ORDER RECESSING SPECIAL SESSION
On this the 20 day of January, 2015, at 11: 46 o' clock a. m., the County Judge Scott M. Felton announced that this meeting of January 20, 2015 stands in recess until 1: 00 o' clock p. m..
ORDER RECONVENING SPECIAL SESSION
On this the 20 day of January, 2015, at 1: 06 o' clock p. m., the Court reconvened in Special Session; present and presiding the County Judge Scott M. Felton and Commissioners Kelly Snell, Lester Gibson, Will Jones and Ben Perry and the Clerk thereof being in attendance, the following proceedings were had and done to- wit:
ORDER RECESSING TO EXECUTIVE SESSION
On this the 20 day of January, 2015, at 1: 06 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 SPECIAL SESSION
On this the 20 day of January, 2015, at 4: 44 o' clock p. m. the Court reconvened in Special Session with County Judge Scott M. Felton presiding and Commissioners Kelly Snell, Lester Gibson, Will Jones and Ben Perry and the Clerk thereof being in attendance, the following proceedings were had and done to- wit: ORDER ADJOURNING SPECIAL SESSION
On this the 20 day of January 2015, at 4: 44 o' clock p. m. County Judge Felton announced that the meeting of January 20, 2015 is adjourned. ITEMS DEFERRED, AGENDA, JANUARY 20, 2015
On this the 20 day of January,2015, 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 January 20, 2015, be, and the same are hereby, deferred:
III. CONSIDERATION OF, AND/ OR ACTION ON, THE FOLLOWING:
C. ITEMS PREVIOUSLY DEFERRED:
2. Regarding Surplus Material Allocation from Texas Department of Transportation( Surplus Material Program/ SB 370):
a. Acceptance of Material
b. Authorization re: Selection of Material and Precinct Allocation
3. Regarding County SheriffJail/ Criminal Justice Issues:
b. Discussion and Action on Approving Employment Agreement for Kristi DeCluitt to Serve as Criminal Justice Program Analyst and any related actions
c. Discussion and Action on Accepting the Resignation of Kristi DeCluitt from Justice of the Peace, Precinct 1 Position
G. REGARDING THE COUNTY BUDGET: Amendments/ Requests for Amendments and related Certification ofAdditional Revenue, ifapplicable/ Expenditure Requests, Other Budgetary Requests
1. Regarding the FY 15 Budget:
d. Justice of the Peace, Precinct 1 Place 1: Discussion and/ or Action regarding FY 15 Budget 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 27 day of January 2015.
Kelly Snell, ~-~Lester Gibson, Commissioner Precinct 1 Commissioner Precinct 2
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 Laurie Cook